Thomas Shain to Robert F. Samuels - Shepherdsville Lots Mortgaged

On 26 Jan 1838, Rufus K. Summers sold part of Shepherdsville lots 23 and 24 to Thomas Shain. Then on 14 Oct 1840, Shain sold an undivided half of his part of Shepherdsville lots 23 and 24 to Robert F. Samuels. Then in April 1841, Shain mortgaged his remaining share of these lots to Samuels, along with other property, as shown below.

Also, when the owners of the southern part of Shepherdsville lot #57, namely Charles Jones' heirs, John Beckwith's heirs, Richard P. Simmons and Thomas W. Riley, refused to pay their share of the cost of paving next to their property, it was seized for payment, and purchased at auction by Thomas Shain, as described below. Shain received his deed to the lower 50 feet of the lot on 7 Jun 1840. He then mortgaged it to Robert F. Samuels in 1841.

It appears that James Shanks was the original purchaser of Shepherdsville lot 49, but that following his death and a court suit it was sold by the trustees to Thomas Shain, as shown below. Shain mortgaged it to his business partner Robert F. Samuels in 1841, as shown below. Then, following Shain's death and according to his will, it was to go to Samuels.

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Bullitt County Deed Book I, Pages 378-379

This indenture made and entered into this second day of April 1841 between Thomas Shain of the county of Bullitt and state of Kentucky of the first part and Robert F. Samuels of the same county and state of the second part.

Witnesseth that the said Thomas Shain, for and in consideration of the sum of one dollar cash in hand paid, the receipt of which is hereby acknowledged, hath granted, bargained and sold, and doth by these presents grant, bargain and sell unto the said Robert F. Samuels, his heirs and assigns, the following described real and personal property, to wit.

My interest, being one moiety or half part (the other half belonging to said Samuels) of lots No. 23 and 24, being parts of lots No. 23 and 24 purchased by said Shain of Henry Robb and Rufus K. Summers as per deed of said Summers to me recorded in the clerk's office of the Bullitt County Court, and bond of Henry Robb to me - one-half of lot conveyed by said Summers to me is deeded to said Samuels, and one-half of lots for which I have said Robb's bond to me.

Also one Negro by name Seneca, about 15 years of age, one Negro girl named Mary, about 13 years of age.

Also part of lot No. 57 in the new plan of the town of Shepherdsville adjoining the store house of R. P. Simmons.

Also the whole of lot No. 49 in the new plan of Shepherdsville, being the same conveyed to me by the trustees of said town by deed bearing date the 14th day of May 1832, recorded in Deed Book C, page __ as will more fully appear.

Also one-half of all the household property now occupied by Samuels and Shain as a tavern consisting of beds, bedsteads, bedding, sideboard, secretaries, tables, chairs, silver plate and the other furniture and property now in said house, together with the kitchen utensils and other appurtenances now on the said lot unto the said Robert F. Samuels, his heirs and assigns forever.

Provided always and these presents are on this condition, that whereas the said Thomas Shain stands indebted to the said Robert F. Samuels in the summ of $1193.52 as per notes this day executed payable annually for the sum of $397.84 in one, two, and three years from this day to bear interest from date; and whereas the said Samuels is also bound as my security for money borrowed by me of the commissioner in the case of Nancy Shain against myself &c for about $435 in Bullitt Circuit Court, and said Samuels is also my security in repleven bond to Simmons and Crist for $119 with interest from the 12 day of December 1840; and also to Richard P. Simmons and son for $157.80 with interest from the 6 day of December 1839 with a credit of $85 paid by said Samuels as per receipt of said R. P. Simmons to said Samuels.

And whereas said Samuels and Shain owe sundry debts as partners for the use and benefit of the tavern concern, and this conveyance is intended to secure him in any loss or damage which he may sustain on any account as his partner, and further to secure him on any debt that he may pay for me individually or as my partner, and further to secure any debt that said Samuels may hereafter pay for me, having my consent or order in writing, and further to secure said Samuels on account of any responsibility he may incur as my partner or otherwise.

Now if the said Shain shall well and truly pay the several debts herein named as they shall fall, and also pay and satisfy all such as are due, and further save the said Robert F. Samuels from all loss or damage in case of his said securityship or otherwise, then the above obligation to be void, else to remain in full force and virtue in law.

And the personal and real property hereby mortgaged is to remain in the possession of the said Samuels for the use of the tavern or partnership according to the terms of an agreement this day signed by us, and if said Shain shall attempt to sell or remove any of the mortgaged property, the debts herein named shall be considered as due and the right shall accrue to the said Samuels to foreclose this deed of mortgage.

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