Samuel & Ann Stallings - Land Division

The following entries from Bullitt County Order Book J detail the assignment of commissioners to provide for the division of Samuel & Ann Stallings' land. Following these entries is the commissioners' report and survey. See also the deed from the heirs to the grandchildren, and the deed from the grandchildren to the heirs.

---

"Samuel Stallings' heirs, plaintiff vs Samuel Stallings' heirs, defendants; petition for division of land. This petition was filed in clerks office on the 22nd day of February 1869 and process issued, and on same day was endorsed on the petition and order warning the defendants James Stallings, Malvina Stallings, Mary Stallings, and S. J. Stallings to appear in the above action on 17 May 1869." [Page 100, March 11, 1869]

"Samuel Stallings' heirs, plaintiffs vs Samuel Stallings' heirs, defendants; petition for division of land. This day came the commissioners and surveyor and filed their report of division, and the same is confirmed. The guardian ad-litem to the infants, and W. N. Simmons appointed by the court to look to the interests of the infants, and the adult heirs all being present and consented to a confirmation of the report of division as made. And Casper Herps is appointed a commissioner to convey by deed to the respective parties as allotted in the commissioners report of division and make report to court." [Page 132, September 15, 1869]

"Samuel Stallings' heirs, plaintiffs vs Samuel Stallings' heirs, defendants; petition for division of land. Casper Herps, commissioner, this day produced in open court and acknowledged two deeds, one to William W. Stallings, James Stallings, Malvina Stallings, Mary Stallings, and S. J. Stallings jointly, and one to W. P. Stallings, Woodford Stallings, James Stallings and Tabatha Hough and Austin Hough her husband which are examined, approved and ordered to be recorded. Casper Herps, commissioner, is allowed $2.50 for writing each of said deeds to be paid by the parties and taxed as costs." [Page 135, October 11, 1869]

---

Bullitt County Will Book H. Pages 218-222

In obedience to an order of the Bullitt County Court made at the June term 1869 appointing (us) the undersigned commissioners, for the purpose of making a division of the several tracts of land owned by Samuel Stallings dec'd and Ann his wife, between their children and heirs, we proceeded and met at the house of said Stallings on the 3rd day August 1869 and after first being duly sworn have divided the lands named in the petition as herein named and explained.

First, the boundary colored red with the exception of the 18 acres marked on plat we allotted to W. P. Stallings, Woodford Stallings, James Stallings, and Tabitha Hough, wife of Austin Hough, which are the children of Sam and Ann Stallings, said boundary includes their father's old improvements & co. and bounded as follows.

Beginning at a stake on the north bank of Salt River, upper corner to William or Elizabeth Ridgway at low water mark, thence North 15° East 5 poles to a stone, upper corner to William Brashear's 400 acres preemption, thence with said line same course 131 poles, in all 136 poles to a stone, thence North 85° for 86° West 107 2/5 poles to a stone in Elizabeth Peacock's line, thence with her line North 17 1/2° for 16° East 92 poles to a stake (the elm and white oak gone) Peacock's corner in a line of the old Richard Brashear tract of 227 acres, thence with the same South 74 1/2° for 75° East 13 poles (for 18 poles) to a poplar stump and stone planted in a beech stump, thence with said Brashear tract North 13 3/4° East 79 3/5 poles to a stone on the north side of the Mt. Washington Road, corner to the 18 acres allotted to Sam J. Stallings' children, thence with their line and the road North 78 3/4° East 118 poles to a stake in Richard James' line, thence with the same South 74 1/2° East 15 poles 20 links to a stake, S.W. corner to land deeded by Enoch Jones to Ann Stallings, thence with the same North 14° East 178 1/2 poles to a red oak and fallen white oak, thence South 74° East 98 1/2 poles to a stone (originally 2 beech trees), thence South 15° West 177 poles (for 164 poles) to an elm (down), hickory and white oak, thence North 76° West 33 poles to an elm and white oak, thence South 15 1/2° West 89 1/2 poles to a poplar and dogwood, thence North 73° West 32 poles to a stone and fallen hickory, thence South 15 3/4° West 52 4/5 poles to two white walnuts, a corner to 100 acres deeded by Simmons and Henson to Sam Stallings, thence with the same the call is South 3° East 160 poles to 2 beeches and white oak, one dead beech now standing, on the bank of Salt River and lower corner to Sam W. Ridgeway's heirs, thence down the river at low water mark to the beginning, containing 386 1/2 acres.

To William W. Stallings, James Stallings, Melvina Stallings, Mary Stallings and S. P. Stallings, which are the children of Sam J. Stallings who was the son of Sam and Ann Stallings, we laid off and allotted to them as hereafter shown and explained in this report, all of which we consider as equal to one fifth which they are entitled to.

(First) we allotted to them 18 acres as laid down on plat with the following boundary.

Beginning at two sugar trees, one down, and black walnut stump [A] corner to Richard James, thence with his line South 74 1/2° East 117 3/5 poles to a stake on north edge of the county road, division corner to the 386 1/2 acre tract, thence with their line and in the road South 78 3/4° West 118 poles to a stake on the north side of the road in a line of the old Richard Brashear tract of 227 acres, thence with the same North 13 3/4° East 53 3/5 poles to the beginning.

We also allotted to the above named children the 47 acre tract deeded by Richard Brashear and wife to Ann Stallings and recorded in the Bullitt County Clerk's office, Book O, page 658 & 659, reference of the boundary is hereby referred in said deed.

We also allotted the said children the two tracts of land, one 70 acres and the other 36 acres, 2 roods, 12 poles which two was deeded by Barak Brashear and wife to Ann Stallings and recorded in the Bullitt County Court Clerk's office, Book O, pages 392 & 393. Reference for boundary of said two tracts is hereby referred to said deed.

The aforesaid three tracts are represented on plat and lying within the lines colored blue.

And we further report that the whole tract, or the land named in the petition to be divided, lays in such a bad shape, and is divided by the county road running through it, and other inconveniences that we were not able to lay off one fifth to said children out of said lands without greatly injuring the value and conveniences &c to the said 386 1/2 acre tract. We therefore have agreed that the first named four heirs, namely W. P. Stallings, Woodford Stallings, James Stallings and Tabitha Hough shall pay to the children of Sam J. Stallings the sum of two hundred and forty dollars to be due and payable as soon as this report is confirmed by order of court, with interest from that date.

Also we further report that the first 4 parties above mentioned shall make good the following contract between Anna Stallings and J. G. Dickey. It is represented that the site for said improvements have been agreed on and staked off.

Bullitt County, Ky., Jan the 10 1868. I Ann Stallings have this day leased to J. G. Dickey that part of my farm supposed to be about 130 aces on the north side of the Mt. Washington & Shepherdsville Road known as the Brashear farm for the term of four years ending March the 10th 1872 to be his to cultivate as he may wish, provided the cultivation is good and through, and in consideration of the use of the farm, said Dickey is to build a box house, described as follows, 2 rooms, each 16 feet square inside with hall 10 feet wide between the rooms; the rooms and hall from floor to ceilings to be at least 10 feet high, one door at each end of hall with lights above, and one door to each room entrance from hall, two windows of 12 lights, 10 x 12 lights to each room. The ceiling to be put up with match planes or plastered, stone chimney at one end and stone chimney or brick flue at the other end of the house. The foundation of said house to be well bedded in the earth and the work to be neat and in good style. The said Dickey further binds himself to sink and wall a well of lasting water or build a cistern.

Said Dicky also obligates himself to build a log stable 14 x 18 feet, high enough to shed if necessary, to dig a pond for watering stock and make a good fence around the house and stable lot. Said Stallings reserves the right to make slight changes in the house provided that they will not make it more expensive to said Dickey. Said Stallings is to select the site for the house, well, stable, &c.

And the house is to be built in one and half years from date of contract, and white wash it outside &c. And in further consideration for the use of the farm, said Dickey obligates himself to make two fences running east and west across the farm, one near the pond, the other to be south of the old orchard, separating it from the rest of the cleared land. The fence is to be nine rails high and good sized rails. The outside fence Dickey binds himself to repair so as to leave them good when his lease expires. Said Dickey further binds himself to cultivate all the cleared land south of the orchard and set the same in grass and clover, said Stallings furnishing the clover seed for such part as she may wish in clover, 15 or 20 acres. Said Dickey to have the privilege of clearing as much of the land that is now deadened as he may wish, leaving a good fence around the same. He is also to use the timber in the deadening for building, repairing &c first, and if there is not sufficient timber there, then he has the privilege of going elsewhere. Said Dickey is not to re-let the above farm to any other party. He is also to give the farm up on the 10th of March 1872 in good order. (signed) D. P. Hall, Theodolphus Tucker, Wesley Phelps, Commissioners; Casper Herps, Surveyor and Commissioner

State of Kentucky Bullitt County S.S. I R. J. Meyler, Clerk of the Bullitt County Court, certify that on the 20th September 1869 the foregoing report was filed in court, confirmed and ordered to record which I have done in my office this 3rd January 1871. (signed) R. J. Meyler, Clerk

---

If you, the reader, have an interest in any particular part of our county history, and wish to contribute to this effort, use the form on our Contact Us page to send us your comments about this, or any Bullitt County History page. We welcome your comments and suggestions. If you feel that we have misspoken at any point, please feel free to point this out to us.