Alfred Ely & Joseph Byrne Settlement

Date: 2 Apr 1861 [unknown]
Location: Union, Kentucky, United States
Surname/tag: Ely, Byrne

Source

1861 Alford B. Ely & Joseph Byrne Agreement. Kentucky, Union County, Deed Book S, p. 434-435, County Clerk. 2 April 1861, Digital image 244 of 338, FamilySearch.org, ([1]: accessed 4 July 2021)

Transcription

Articles of Agreement. The undersigned mutually agree to settle a suit at law at present pending in the Union Circuit Court for the possession of certain slaves enumerated therein on the following Terms Viz, A. B. Ely agrees to withdraw the suit which he instituted agains Joseph Byrne and to pay all costs which pertain to the prosecution thereof. He further agrees to and does hereby assign all right and title of which he may be possessed in said negroes Viz, Mary, Lafayette, Henry, Theodore and George to his children Martha Jane, Mary Hannah and Ann Ely, to have and to hold forever with the exception of one of the said Slaves named Henry which he assigns to said Byrne in Consideration of divises debts and expenses which said Byrne has assumed for the benefit of said Ely and family. Joseph Byrne on his part agrees to and does hereby assign to the children of Ely all right & title of which he may be possessed in the aforesaid Slaves with the exception as aforesaid. He also agrees to allow said negroes to be removed to the house of said Ely and to engage immediately in the Service of said Ely and Children. He also agrees to pay all expenses which have accrued in the defense of said suit thus far.
In witness whereof we have hereunto affixed Morganfield Ky
our names this 2nd day of April 1861
It is understood and agreed to between the parties that if one or more of the aforesaid children should die before arriving at age or without issue that the interest of said Child or Children is to go to the Survivor or Survivors of said Children.
Alfred B. Ely
Joseph Byrne
Witness Matthew Howard
Tho. S. Chapman

State of Kentucky = County of Union Sct
I Thomas S. Chapman Clerk of the County Court of Union County aforesaid Certify that this Instrument of writing between Alfred B. Ely and Joseph Byrne & was on this day acknowledged before me in my Office by said Ely and Byrne to be their act & deed whereupon the same was ordered to be and was together with this Certificate truly recorded in my office this 2nd day of April 1861
Tho S. Chapman Clerk