Kentuckiana Genealogy: Land Records: McCullough/Tucker/Kalfus

By Board Administration (Admin) on Wednesday, June 21, 2000 - 02:23 am:

This Deed made this 5 day of November one thousand eight hundred and thirty nine, between John McCullough, of the State of Kentucky and County of Shelby of the first part, and Hasle Tucker of the county of Spencer and state of Kentucky of the second part, witnesseth: that the part of the first part, for, and in consideration of the sum of nin thousand one hundred and twenty five dollars, paid as follows, to wit: twenty two hundred and eight one 25/100 dollars paid in hand, the receipt whereof is hereby acknowledged, from the party of the second part, and one note, drawn by the party of the second part to the party of the first part, bearing even date with these presents, for twenty two hundred and eighty one dollars 25 cents, due and payable on the 25th day of December one thousand eight hundred and forty; one other note, bearing same date, for a like amount due on the 25 day of December one thousand eight hundred and forty one; one other note, of the same date, for the like amount due on the 25th day of December one thousand eight hundred and forty two--These three notes are secured by a lien on the land hereinafter conveyed--hath granted, bargained, and sold, and by these presents doth grant bargain and sell unto the said Hasle Tucker, his heirs and assigns, a certain tract or parcel of land, estimated to contain three hundred and sixty five acres, at twenty-five dollars per acre; making the consideration of nine thousand one hundred and twenty five dollars. If, on surveying, the above tract should be found to contain more or less than the number of acres above mentioned, the amount is to be added or deducted, at the rate of twenty five dollars per acre.

The said land lies in the County of Jefferson and State of Kentucky, upon the waters of Pope lick, a tributary stream of Floyd's fork of Salt River; and is bounded as follows, to wit: beginning at a sugar tree and elm stump, in a line of Thomas Blankenbakers, thence S 20 E 243 1/3 poles (passing a black oak walnut and beech corner to Henry F. Kalfus survey at 20 poles) to a poplar in Henry Blankenbakers line, thence S 10 W 248 poles to three small black walnuts (now down) near to Moses Tyler's and on the east side of the road from Jeffersontown to Shelbyville, thence N 20 W 220 poles to an ash and dogwood in Goose's line, thence N 70 E 67 poles, passing Goose's corner (a stone) to an ash, marked as a line, in a line of Henry F. Kalfus first survey, thence N 20 W 20 poles to a stone near a dry branch, thence S 70 W 180 poles to the beginning (passing Jacob Newkirk's and Thomas Blankenbaker's corner near a branch a walnut and buckeye) together with, all and singular, the appurtenances thereunto belonging or appertaining. To have and to hold the said tract of land, with all, and singular, the improvements, privileges and appurtenances thereunto belonging, or appertaining unto the said John McCullough, his heirs and assigns; and unto his and their only proper use, benefit, and behoof forever. And the party of the first part, aforesaid, covenants to and with the party of the second part, that they will and their heirs shall warrant the said tract of land, aforesaid, unto him his heirs and assigns forever against the claim or claims of all persons whatsoever claiming or to claim the same.

But is agreed, by the party of the second part and his heirs, that one quarter of an acre of the said land whereon the graveyard now is, shall be set apart and kept for a cemetery for the relatives of Henry F. Kalfus dec'd, and those of the party of the second part; and the party of the second part gives to the relatives of the said Henry F. Kalfus dec'd the right to quarry stone on said land (hereby conveyed) enought to build a wall around said grave yard; and the right-of-way over the land, doing the least injury to the herbage and soil thereof, to haul said stone to said grave yard, and to bury their dead therein; but if the bodies therein be disinterred, or the purpose of the said quarter of an acre be otherwise changed, then this agreement and reservation shall be at an end. In witness whereof the parties of the first and second part, have thereunto set their hands and seals this 5 day of November 1839 and bl_____ this wife have here unto their hand and seals.

John McCullough {seal}
Mary Ann McCullough {seal}

I Curran Pope clerk of the County Court of Jefferson County in the State of Kentucky do certify that on this day the foregoing deed from John McCullough and Mary Ann his wife to Hasle Tucker was produced to me in my office and acknowledged and delivered by said McCullough and wife to be their act and deed that I examined the said Mary Ann privily and apart from her husband husband [sic] and having shewn and explained said deed to her she declared that she had signed sealed delivered and acknowledged the same of her own free will and consent without the threat persuasions or compulsion of her said husband that she was willing the same should be recorded and did not wish to retract her said acknowledgements and that I have recorded the same in my said office. Witness my hand this fifth day of November Eighteen hundred and thirty nine.

Curran Pope


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