Susan & Phillip Shane to Samuel D. Brooks - 47 Acres

In his 1865 will, James H. Anderson left his portion of his father's estate to Phillip and Susan Shane, his nephew and niece. Then, as shown below, the circuit court orders the sale of the land to pay his creditors, and 47 acres of it, then belonging to the Shanes, was sold to Samuel D. Brooks, son of David L. Brooks. Brooks would then sell it to Salina Canfield.

The 47 acre tract was likely located as shown on the following drawing.

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Bullitt County Deed Book S, Pages 346-348

This indenture made an entered into this 20th day of April 1871 between Susan Shain and Philip Shain by R. J. Meyler, commissioner, of the first part and Samuel D. Brooks of the second part.

Witnesseth, whereas on 23 March 1867 a petition was filed in the Bullitt circuit court in the name of James H. Anderson's administratrix against the heirs and devisees of said decedent for a sale of the lands of said Anderson for the purpose of paying the creditors of said decedent, and it appearing that the personal estate of decedent would not satisfy the claims of creditors and said court being fully advised did on the 22nd day of October 1868 decree a sale of as much of the realty of decedent as would pay his debts and appointed W. J. McConathy commissioner to carry into effect said judgment, and said commissioner after having duly advertised the sale thereof, did on the 20th day of December 1869, being county court day, offer for sale at public vendue at the courthouse door in the town of Shepherdsville the tract of land herein conveyed, and Samuel D. Brooks being the highest and best bidder became the purchaser at the price of $1786.00 and gave bonds with security for the purchase money in six and twelve months, and said bonds having fallen due and being fully paid by the second party, and whereas by the will of said decedent, James H. Anderson, the first parties herein were his sole devisees of the land herin conveyed as will appear from his will duly probated and entered of record in the clerk's office of the Bullitt County Court, and it further appearing that the sale to the second party was duly confirmed by order of the Bullitt Circuit Cort and R. J. Meyler on the 19th April having been appointed commissioner on behalf of the first parties to make this deed.

Now, therefore, in consideration of the premises, the first parties by the commissioner aforesaid hereby grant, bargain, sell and convey unto the second party the following tract and boundary of land, to-weit: a tract of 47 acres of land, more or less situated, lying and being in the county of Bullitt, state of Kentucky on the Louisville & Nashville railroad near Huber's station on said road and being the eastern portion of 110 acres of land named and described by the commissioner and surveyor's report as the 110 acres allotted to said James H. Anderson in a division of the lands named and described in the pleadings, exhibits and commissioner's and surveyor's reports filed in the said suit, and being so much of said 110 acre tract aforesaid as lays east of the Louisville & Nashville Railroad. For more particular description of said land, reference is made to the several surveyor's and commissioner's reports filed in the said suit. And the first parties aforesaid by the commissioner aforesaid hereunto set their hands and seals the day and date first written.

(signed) Susan Shain, Phillip Shain, by R. J. Meyler, commissioner

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