Circuit Court Suit to Jacob Yenawine - 2 Tracts

On 16 Mar 1815, William and Overall Whitledge, likely father and son, sold 21 1/2 acres along the southeast edge of Cedar Creek to William Taylor. Then, on 23 Nov 1817, William and Sarah Taylor sold the tract to Solomon Hornbeck. That deed mentioned that the tract included a mill, perhaps more than one. On the same day, Soloman and Lydia Hornbeck sold the tract to John Beckwith. Several years passed, and in some way the tract became part of a law suit in circuit court, and it and another 105 acres were sold at auction on 23 Sep 1826 with Benjamin Summers being the high bidder for both tracts. Even before Noah C. Summers, the commissioner for the sale, could issue him a deed, Summers conveyed the tracts to Jacob Yenawine who received his deed on 19 Feb 1827.

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Bullitt Circuit Court Deed Book A, pages 100-103

This indenture made this 19 day of February 1827 between Noah C. Summers, commissioner for and in behalf of Thomas Crandell's heirs and John Beckwith's heirs of the one part, and Jacob Yenawine of the other part. Witnesseth that whereas heretofore at the August term of the Bullitt Circuit Court 1826, in a suit in chancery in said court pending wherein Ann Maria Crandell, widow, and Mary Crandell, Ann Crandell, William Wallace Crandell, Thomas Crandell, Edwin Ruthvin Crandell and Joseph Lemuel Crandell, heirs of Thomas Crandell dec'd were complainants, and John Beckwith, Sally Beckwith, Benjamin Summers and Volinder his wife, William T. Yateman, Richard A. Winn and Ann Uptonea Beckwith, heirs of John Beckwith dec'd were defendants, the said defendants did by a decree of that court recover against said complainants a judgment and decree in which said decree two tracts of land containing 105 acres and the other 21 1/2 acres in Bullitt County on Cedar Creek were therein decreed to be sold and Noah C. Summers was appointed a commissioner to carry the decree into effect. And the said N. C. Summers in all things having pursued the directions of the decree did on the 23rd day of September 1826 attend on the premises and sell in market overt [an open public market authorized and regulated by law at which purchasers of goods with certain exceptions acquire good title regardless of any defects in the seller's title] to the highest bidder the lands in said decree contained to satisfy the demand and decree in favor of said Beckwith's heirs.

The said tracts of land were conveyed by Solomon Hornback and wife and Robert J. Breckinridge to said John Beckwith dec'd, which said lands were held by him in the nature of a mortgage, and Benjamin Summers being the highest bidder became the purchaser of both said tracts and has since conveyed and bargained his interest therein to Jacob Yenawine, and joins in the conveyance of the premises and the further consideration of one dollar silver paid in hand, the Noah C. Summers, the commissioner aforesaid, and the said Benjamin Summers have and do now sell and convey to him the said Jacob Yenawine the aforesaid two tracts of land.

The one containing 21 1/2 acres of land is bounded as follows. Beginning on O. Whitledge's northwest line, on the southwest edge of Cedar Creek, thence South 35° West 60 poles to a black gum and two beeches, then S 55° E 105 poles to a cedar, walnut and black gum in the edge of a glade, thence N 10° East 41 poles to a mulberry, blue ash and walnut, thence North 47° West 20 poles to a beech and sugar tree near the bank of said creek, thence up said creek North 71° West 60 poles to a poplar and oak, North 10 1/2° West 10 poles to a buckeye, North 51 1/2° East 36 poles to an oak and black walnut, thence North with the meander of said creek to the beginning.

The tract of 105 acres is bounded as follows. Beginning at two buckeyes and a gum tree, southwest corner of William Whitledge's survey in John Beckwith's line, thence with said line South 37° West 100 poles to an elm and ash trees on a run, thence down said run S 40° E 42 poles, S 56° E 40 poles, S 30° East 20 poles, S 15° E 30 poles to a honey locust, sugar tree and buckeye at the mouth of said run on the bank of Cedar Creek, thence up said creek S 84° E 64 poles, N 38° E 10 poles, N 10° E 42 poles, N 55° E 46 poles, North 75° West 16 poles, S 85° W 40 poles, N 50° W 40 poles, N 25° E 38 poles to a sycamore and elm in Whitledge's line, a small distance below the mill, thence with Whitledge's line N 53° W 83 poles to the beginning.

To have and to hold the aforesaid tracts of land and all and singular the appurtenances to the same belonging, free of and clear from the claim of the heirs aforesaid John Beckwith and Thomas Crandell, and all the persons whatsoever. The said Summers, commissioner, and Benjaming Summers warranting the same to him the said Jacob Yenawine as fully as the law in such cases wil authorize the commissioners to do, but no individual responsibility is to be attached to the commissioner. Witness the hand and seal of the commissioner and Benjamin Summers, the date above. (signed) N. C. Summers, commissioner for John Beckwith's heirs and Thomas Crandell's heirs; Benjamin Summers.

Bulliit Circuit Court,, February 19th 1827. This indenture was produced in open court, examined and approved of, and acknowledged by Noah C. Summers, the commissioner therein named to be his act and deed, and ordered to be recorded. Att. N. C. Summers, clerk.

Bullitt Circuit and County office, February 19, 1827. This indenture was this day acknowledged by Benjamin Summers grantor therein named to be his act and deed, and the same with the foregoing certificate of acknowledgment is truly recorded in my office. Att. N. C. Summers, clerk.

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