Michael Troutman's Cedar Creek Mill

One of the older documents found in the T. C. Carroll plats is an 1809 report made by a panel of local land owners called upon to determine potential damages that might occur by the construction of a water, grist and saw mill on Cedar Creek by Michael Troutman.

On Monday, 6 Nov 1809, Troutman appeared in open court in Shepherdsville and made a motion, shown here.

"On motion of Michael Troutman, he proposed to erect a water grist and saw mill on his land on one side of Cedar Creek of Salt River. Court ordered writ of ad damnum on 21 Nov 1809 to determine potential damages to others." [Bullitt County Order Book C, Page 93.]

A writ of ad quod damnum is an old legal order telling a sheriff to find out what harm or damage will happen if a specific act is done. The sheriff had to ask a sworn jury of local people if the new project would hurt anyone or harm the public.

In this case the Sheriff William Simmons called upon 12 men who met on the land in question on 21 Nov 1809 and then made their written report, as shown below.

"We whose names are under written have met on the premises and, being first sworn and empaneled, proceeded to locate and ascertain the boundaries of 1 acre of land on both sides of Cedar Creek as follows, beginning at a stake at the clift of the rocks on the north side of Cedar Creek opposite the upper part of Troutman's old mill dam, running thence binding on the clifts of rocks N 45° W 4 poles to a stake, thence S 34° W 13 8/10 poles to a stake on the top of the bank on the south side of the creek, crossing Whitaker's line at 3 poles, 13 links, thence West 21 poles to a stake, thence South 4 poles to another stake, thence East 28 poles to a stake, thence N 34° E 17 poles to the beginning (crossing Whitaker's line on the north side creek at 14 poles, 10 links), containing one acre of land 12 poles including the butment on the north side, being Stephen Ormsby property valued at 37 1/2 cents, the balance of the acre including the bedd of the creek belonging to Michael Troutman and valued at $4, and in viewing the overflowed land on both sides we adjudge Stephen Ormsby's land to overflow to the dam of $1 and as to mention houses, orchards, gardens, navigation and passage of fish stagnation of water as to health, no damage whatever. Given under our hands and seals this 21st day of November 1809. (signed) Richard Simmons, Henry Mathews, Thomas W. Simmons, Richard P. Simmons, Abraham Crigler, Basil Crow, John R. Gaither, Samuel Boone, Levi Simmons, Thomas G. S. Harris, Jacob Horine, V. Hobbs" [T. C. Carroll Plats, 241-7a, 241-7b.]

Then on Monday, 4 Dec 1809, the sheriff returned this report to the court, as shown here.

"Writ of ad quad damnum granted Michael Troutman on 8 Nov 1809 returned by sheriff with report. Court approved establishment of the mills requested; condemns the required acre of land for construction of dam, and orders Troutman to pay Stephen Ormsby $1.375 for land condemned and injury sustained by water overflowing part of his land." [Bullitt County Order Book C, page 107.]

In his 1814 will, Michael Troutman wrote, "I will and bequeath to my loving son Philip Troutman the whole of my lands and mills on Cedar Creek in Bullitt County near Salt River..."

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