In 1823, following debt judgments against John Hornbeck in Bullitt Circuit Court, Sheriff Jesse Wilson was ordered to sell land belonging to John Hornbeck to pay the debts. The following transcribed record details this process, and shows that the purchaser of the land was John's brother Samuel Hornbeck who owned the property to the south of this tract.
Bullitt County Deed Book E, Pages 182-186
This indenture made this 25th day of December the year of our Lord 1823 between Jesse Wilson, Sheriff of Bullitt County of the one part, and Samuel Hornbeck of the other part. Witnesseth that whereas on the first day of October 1823 in pursuance of a judgment of the Bullitt Circuit Court rendered in the name of Richard Ferguson against John Hornbeck that issued from the clerk's office of said court an execution scire facias No. 640 in the name of the said Richard Ferguson against the estate of said John Hornbeck which execution is in the following words and figures, to wit.
"The Commonwealth of Kentucky to the Sheriff of Bullitt County, Greeting. We command you that of the estate of John Hornbeck, late of your bailiwick, you cause to be made the sum of $66.69 with interest thereon at the rate of 6% per annum from the 19th day of December 1818 which Richard Ferguson lately in our Bullitt Circuit Court recovered against him for debt, also the sum of $7.49 adjudged to him for his costs by him expended. Whereof the said John Hornbeck is convicted as appears to us of record and that you have the said $66.69 and interest of $7.49 before the judge of our said court at the courthouse in Shepherdsville on the 8th day of November next (being the rule day) to tender to the said Ferguson his debt, interests and costs aforesaid, and have then there this writ. Witness George F. Pope, clerk of the said court at the courthouse aforesaid the 1st day of October 1823 and the 32nd year of the Commonwealth. George F. Pope."
On which is the following endorsement entered by order of plaintiff's attorney, notes on the Bank of Kentucky or its branches a note on the Bank of Commonwealth of Kentucky or its branches may be received by the officer in discharge of the whole of this execution. Atteste, Robert F. Samuels, D.C., B.C.C.
On which the Sheriff of Bullitt County made the following return, to wit. The defendant has given up 197 acres of land including the plantation on which to satisfy this execution and I have advertised the same for sale 25th November 1823, but have not time to sell under the same and afterwards, to wit, on the 24th November 1823, then issued from the clerk's office of the said court a second execution [Latin phrase] No. 703 on the return of the one .. .. said execution No. 703 is in the following words and firgures, to wit.
"The Commonwealth of Kentucky to the Sheriff of Bullitt County, Greeting. We command you that you expose to sale that estate of John Hornbeck which you have taken into your hands as which remains in your hands unsold to the value of $66.69, interest at the rate of 6% per annum from the 9th day of December 1818 which according to our commands you have taken unto your hands and which remains in your hands unsold as you have certified to the judges of our Bullitt Circuit Court to satisfy Richard Ferguson, the said .. as well for debt, also $7.82 costs by him expended. Whereof in our said court he hath recovered execution against the said Hornbeck by virtue of a judgment of our said court and that you have the said sums before the judge of our said court at the courthouse in Shepherdsville on the 10th day of January next to render to the said Ferguson his debt, interest and costs aforesaid, and have then there the writ. Witness: George F. Pope, clerk of our said county at the courthouse aforesaid this 24th day of November 1823 and in the 32nd year of the Commonwealth. George F. Pope."
On which is the following memorandum, to wit, By order of the plaintiff's attorney, notes on the Bank of Kentucky or its branches, a notes on the Bank of Commonwealth of Kentucky or its branches will be received as payment of the execution. Property subject is 197 acres of land. Teste: Robert F. Samuels, D.C., B.C.C.
On which the sheriff of Bullitt County made the following return, to wit. "By virtue of the within execution I sold the land within mentioned on the 15th day of December 1823, three month bond herewith filed. Jesse Wilson, S.B.C."
And whereon he 4th day of November 1823 there issued from the clerk's office of the Bullitt Circuit Court an execution scire facias No. 691 in the name of Richard P. Simmons against the estate of John Hornbeck, Solomon Hornbeck and James Samuels which execution is in the following words and figures, to wit.
"The Commonwealth of Kentucky to the sheriff of Bullitt County, Greeting. We command you that of the estate of John Hornbeck, Solomon Hornbeck and James Samuels late of your bailiwick, you cause to be made the sum of $310.97 which Richard P. Simmons lately in the Bullitt Circuit court recovered against them for debt by virtue of a replevin bond; also $1.98 adjudged to .. costs by him expended. Whereof the said John Hornbeck, Sol Hornbeck and James Samuels are convicted as appears to us of record and that you have the said $310.99 and $1.98 before the judge of our said court at the courthouse in Shepherdsville on the 13th day of December next to render to the said Richard P. Simmons his debt and costs aforesaid; and have then there this writ. Witness, George F. Pope, Clerk of our said court at the courthouse aforesaid on the 4th day of November 1823 and the 32nd year of the Commonwealth. George F. Pope. " Memo. This execution is tobe discharged by the payment of $155.39 and two mills with interest thereon at the rate of 6% per annum from the 2nd day of October 1820 till paid and the costs and no security of any kind is to be taken. This execution issued on a two years replevin bond. This execution is to be by $66.29 made the 29th March 1823. Teste. George F. Pope, C.B.C.C.
By order, notes on the Bank of Kentucky or its branches, or notes on the Bank of the Commonwealth of Kentucky or its branches may be received in payment of this execution. Teste. George F. Pope, C.B.C.C.
Which execution came to the hands of the sheriff of Bullitt County on the 4th day of November 1823, and upon which the said sheriff name the following return to wit, money made in full and paid to plaintiff per receipt on said execution. Jesse Wilson, S.B.C.
By virtue of which said executions No. 691 and 703 the sheriff of Bullitt County levied one tract of land lying in Bullitt County on the waters of Brooks' Run, the property of the defendant John Hornbeck containing 192 1/2 acres and bounded as follows to wit.
Beginning at a beech and walnut stump at the mouth of a lane, and running thence North 120 poles to a stone and two buckeye, corner to John Beckwith, thence West 392 poles to a stone marked H.A. on the east bank of Brooks Run, thence S 24 3/4° E 56 poles to a white oak, red oak and walnut and a cliff of rocks, thence S 2° W 30 poles to a stone marked I.A., thence South 27 1/2° E 18 poles, S 2° W 30 poles to a stone marked I.A., thence East 76 poles to a stone marked S.H., thence S 20 poles to a stone marked S.H., thence East 32 poles to a stone marked S.H., thence S 77° E 40 poles to a stone marked S.H., thence E 108 poles to the beginning, containing 192 1/2 acres as aforesaid.
And afterwards, to wit, on the 15th day of December in the year 1823, the said sheriff of Bullitt County proceed to sell the said land in pursuance of an advertisement set up on the door of the courthouse of Bullitt County on the day of the sitting of the said County Court next before the said 15th day of December and while the court was in .. as the law requires and on the said 15th day of December the sheriff did between the hours of 11 a.m. and 3 p.m. on the premises cry and offer for sale the aforesaid tract of land, and Samuel Hornbeck being the highest bidder then and there became the purchaser thereof for the sum of $223.67, being the amount of the debt, interest and costs of the said executions No. 691 and 703, and one cent, and for and in consideration of the said sum the said Jesse Wilson, Sheriff of Bullitt County, has this day bargained and sold, and by these presents does grant, bargain and sell, alien, release, convey and confirm unto the said Samuel Hornbeck, his heirs forever all the right, title, claim and interest of the said John Hornbeck in and to the said tract of land with all and singular the appurtenances thereunto belonging or in any wise appertaining, and does hereby bind himself and forever defend unto the said title to the said Samuel Hornbeck against the claim of the said John Hornbeck and his heirs forever, but against the claim or claims of no other person whatsoever. In witness whereof the said Jesse Wilson, Sheriff of Bullitt County has hereunto set his hand and seal this day and date above written. (signed) Jesse Wilson, S.B.C.
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The Bullitt County History Museum, a service of the Bullitt County Genealogical Society, is located in the county courthouse at 300 South Buckman Street (Highway 61) in Shepherdsville, Kentucky. The museum, along with its research room, is open 10 a.m. to 4 p.m. Monday through Friday. Saturday appointments are available by calling 502-921-0161 during our regular weekday hours. Admission is free. The museum, as part of the Bullitt County Genealogical Society, is a 501(c)3 tax exempt organization and is classified as a 509(a)2 public charity. Contributions and bequests are deductible under section 2055, 2106, or 2522 of the Internal Revenue Code. Page last modified: 12 Sep 2024 . Page URL: bullittcountyhistory.org/bchistory/wilson-hornbeck192.html
