John S. Thixton Heirs to Joseph F. Birkhead - Town Lot 27

On 29 Mar 1849 the heirs of John S. Thixton sold Shepherdsville lot 27 to Dr. Joseph F. Birkhead, as shown below. In 1869, Birkhead sold the lot to Dr. Samuel A. McKay.

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Bullitt County Deed Book L, Page 393

This indenture made this 29th day of March 1849 between Catharine E. Thixton, Maria Jane Thixton, Richard Field Thixton, John Stanton Thixton and Irene Thixton, heirs of John S. Thixton dec'd by Noah C. Summers, commissioner for them for that purpose of one part, and Joseph F. Birkhead of the town of Shepherdsville, Bullitt County and state of Kentucky of the second part.

Witnesseth that whereas in the suit in chancery depending in the Bullitt Circuit Court in the name of John S. Thixton's administrator against John S. Thixton's heirs & creditors, the said court did by its decree in said cause of the 6 October 1848 order and decree that the house and lot in the bill and pleadings in said cause named, to-wit, Lot No. 27 in the new plan of Shepherdsville fronting Second Street and in the Doctor's Alley should be sold on a credit of 9 & 18 months, and appointed Henry C. Thomas a commissioner to sell said lot as named in said decree, and said commissioner Thomas having in pursuance to the provisions of said decree advertised the said lot for sale, exposed the same to public sale at the courthouse in Shepherdsville on the 20th November 1848; said Joseph F. Birkhead then became the purchaser of said lot No. 27 and appurtenances for the sum of $980 and executed his notes for the purchase money, and said commissioner thereafter at the December Chancery term of the said court returned his report and sale od said lot aforesaid to said Circuit Court and said court did then and there by its order in said cause confirm said sale and report, and appointed N. C. Summers a commissioner to convey said lot and appurtenances so sold unto him the said Joseph F. Birkhead.

Now in consideration of the whole premises, the decrees, orders, sale, purchase &c in said cause they the said John S. Thixton heirs, the parties of the first part, by the said Noah C. Summers, commissioner for them for that purpose, have sold, conveyed and confirmed, and by these presents do convey and confirm unto him the said Joseph F. Birkhead and to his heirs and assigns forever said Lot (No. 27) twenty-seven and its appurtenances in the new plan fo the town of Shepherdsville, Bullitt County, Kentucky.

To have and to hold the said lot No. 27 and its appurtenances unto him the said Joseph F. Birkhead and to his heirs and assigns forever; and they the said parties of the first part, John S. Thixton's heirs, by said N. C. Summers, commissioner for them for that purpose, do hereby covenant and agree to and with the said Joseph F. Birkhead and his heirs and assigns that they the said parties of the first part will and their heirs, executors and administrators shall warrant and forever defend the said Lot No. 27 and its appurtenances unto him the said Joseph F. Birkhead and to his heirs and assigns forever against the claims of themselves and heirs and against the claims of all other persons, but no responsibility rests on the said commissioner in his individual character. The papers and pleadings in said chancery cause, the deed from Matthew Wilson and wife to said John S. Thixton & S. S. Alexander & deed from Alexander to John S. Thixton recorded in Bullitt County Court office are referred to for greater certainty and description of the boundary of said lot here conveyed. Witness the hands and seals of the grantors the date first herein written.

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