Transcription of Deed 30-485

Date: Apr 1878 to 9 Feb 1880
Location: Union, Kentucky, United States
Surname/tag: Floyd, Higginson

Source

George Floyd deed to Green F. Higginson. Kentucky, Union County, Deed Book 30, pp. 485-487, County Clerk. 6 January 1870, Digital images 266-267 of 349, FamilySearch.org, ([1]: accessed 5 August 2021)

Transcription

Whereas in the action of Thomas McMurray assignee vc. Plaintiff against Squire Floyd (col) Deft. Then pending in the Union Circuit Court an order was entered at the April Term 1878 directing J. M. Waggener the master Commissioner of said Court to expose for sale at public auction the property hereinafter described and whereas said property was sold in accordance with said order on the 3rd day of June 1878 when Squire Floyd became the purchaser at the price of $48.84 but failing to pay the purchase money and his surety becoming insolvent and commissioner having retained a lien on said land to secure the purchase money. At the April Term 1879 the court rendered a decree directing the sale of said property to pay the amount due by said Squire Floyd which sale was made on the 2nd day of June 1879 when Thos McMurray became the purchaser at the price of $405.00 and whereas the report of said sale was confirmed at the Oct. Term 1879 and at the January called Term 1880 an order was entered directing the Commissioner to execute a deed of conveyance of said property to Green F. Higginson by direction of Thos. McMurray the purchaser at said sale. Said McMurray acknowledging on the record the payment of the purchase money.
Now this Indenture made and entered into this 28th day of January 1880 between George Floyd, Ellen Higginson & _____ Higginson her husband the first two being heirs at law of of Squire Floyd decd by J M Waggener Commissioner of the said Court of the first part and Green F. Higginson of the second part witnesseth that for and in consideration of the premises and the payment to the Plff of the purchase money the parties of the first part by J M Waggener as Commissioner aforesaid have sold and do hereby convey to said party of the second part and his heirs and assigns forever the following described tract or parcel of land situated in Union County Ky & bounded as follows: Beginning at a stake in Muddy run in a line of Ames tract with elm & black gum pointers, thence South 60 E 94 poles to a stake in the line of said Ames’ tract thence N 30 E 58 poles to a stone, thence S 60 E 14-3/4 poles, thence N 30 E 37-1/4 poles to a stake in Mrs. Elizabeth Harris’ line, thence N 60 W 110-7/8 poles to a stake in Muddy run, thence S 28-1/4 W 95-1/4 poles to the beginning containing 60 acres To have and to hold the said property together with the rights and privileges and appurtenances thereunto belonging unto the party of the second part his heirs and assigns forever and the parties of the first part by said J M Waggener as Commissioner here by covenant with the party of the second part that they will warrant and defend the title of the land and premises hereby conveyed against the claims of all persons so far as he may do so lawfully but said Commissioner is in no event to be individually liable. In Testimony whereof said J M Waggener Commissioner as aforesaid has hereunto set his hand this 28the day of January 1880. J M Waggener, Commissioner

Examined and approved in open court this 28th day of January 1880.
Ben P. Cissell Judge

Commonwealth of Kentucky
Union Circuit Court Clerks Office sct
I J M Waggener Clerk of the Union Circuit Court do hereby certify that this deed from Squire Floyd’s heirs by J M Waggener Commissioner was on the 28th day of January 1880 presented to open court by J M Waggener Commissioner and was by him duly acknowledged to be his act and deed and the said Deed having been examined by the Court was approved and confirmed and so endorsed by the Judge and ordered to be transmitted duly certified to the clerk of Union County Court for record which is now done accordingly. Witness my signature this 28th day of January 1880.
J M Waggener Clerk
Union Circuit Court

State of Kentucky
Union County Sct
I Gip Taylor Clerk of the Union County Court certify that his deed from Squire Floyd’s Heirs By J M Waggener Comr. to G. F. Higginson was on this 13th day of February 1880 produced to me in my office duly certified as above for record. Whereupon the same together with the foregoing & this certificate & the certificate of the Judge has been duly recorded in my office.
Given under my hand this 19th day of February 1880
Gip Taylor Clk
By H J Taylor D. C.