Thomas Tredway of Maryland     Treadway Deeds/Indentures

Indenture concerning R. P and Wm. B. Treadway
20 Jul 1860
Donated by Claudia Angel

James Herd, Sheriff and Deed John Sizemore, Clay Co., Kentucky

This indenture made this 8th day of July 1860 between James Herd Sheriff of Clay County State of Kentucky of the one part and John Sizemore of the County and State aforesaid of the other part. Witnesseth that whereas R. P. Treadway sued out of the Clerk’s office of the Clay Circuit Court a writ of firofoeceous against the estate of W. B. Treadway for the sum of $125.25 debt with interest from the 27th day of Sep 1854 also $39.00 cost bearing date 2nd Nov 1858 returnable to Jan. rule 1859 which firofoeceous was directed and delivered to sd Sheriff of sd County and the sd Sheriff by virtue of firofoeceous of sd Levied the same on a certain piece of land as the estate of said W. B. Treadway dec’d. and his administrators failing to give bond or security for the payment of said debt interest and cost the sd. Sheriff as afsd., in pursuance of sd. writ and according to law of sd. state having legally advertised and made known the same did on the 3rd day of January 1859 at the Court house door in Manchester in the County of sd. expose to sale by public auction the afsd. tract of land with the appurtenances all the rights title claim and demand whatsoever of him the sd. W. B. Treadway in and to the following boundry of land. Beginning at a white oak and beech tree in the fork of the Tandy Fork and Phelps Fork near the junction of the same and beginning Corner to a 10 acre (unknown) made for Dillion Ashe’s thence with the line of sd. 10 acres N71 E16 poles thence S65 E80 poles thence S55 E75 poles thence S55 E35 poles to a stake thence 35 W16 poles to 3 branches and a buckeye on the south bank of Sandy Fork _____ _____ continued 35 poles thence N55 W68 poles thence N65 W108 poles thence S11 N30 poles thence N19 W44 poles to a stake thence N71 E40 poles to a dogwood and Beech the afsd. 10 acres S11 E44 poles to the beginning and John Sizemore bid the sum of $50.00 and no person bidding more the sd. tract or parcel of land was in due manner openly struck off and sold to the sd. John Sizemore for the sum of $50.00. Therefore to confirm the said purchase to sd Jno afsd. so as afsd. made this indenture witness that the sd. Jas. Herd, Sheriff of the County of Clay for and in consideration of the sum of $50.00 heretofore paid & to be paid by the sd. Jno. Sizemore the receipt whereof is hereby acknowledged hath given granted bargained sold & by these presents does grant give bargain sell and convey unto the sd. John Sizemore his heirs and assigns all of the afsd. described boundry of land lying and being in Clay County KY_____of Read bind with the appurtenances to the same belonging or in anywise appertaining with all the estate right title and interest of the sd W. B. Treadway dec’d. and his heirs forever and to every part and parcel thereof to have and to hold the afsd. premises to sd. John Sizemore his heirs and assigns forever in as full ample a manner as I can by virtue of the authority of sd. to convey the same in testimony whereof I have hereunto set my hand and seal as Sheriff afsd.

John Herd, Sheriff, C.C.

Page 281:

This indenture made this 20th July 1860 between James Herd, Sheriff of Clay County and State of KY of the one part & John Sizemore of the County and State afsd. of the other part Witnessesth whereas G. M. and R. Adams sued out of the Clerk’s Office of the Clay Circuit Court a writ of possession against the Estate of Wm. B. Tredway for the sum of $69.88 with interest from the 30 May 1849 and cost $17.00 bearing the date the 24th day of Dec 1857, returnable to the March rules 1858 which fifacious was directed and delivered to the Sheriff of the sd. County and the sd. Sheriff by virtue of the fifacious levied the same on a certain piece or parcel of land and the estate of the sd. Wm. B. Tredway dec’d. & his admr. for failing to give bond & security for sd. debt interest and cost the sd. Sheriff as afsd. in presents of sd. writ & according to law of sd. State having legally advertised and made known the same did on the 1st day of March 1858 at the Court house door in Manchester in the County afsd. expose to sale by public auction the afsd. tract of land with all appurtenances to have and to hold all the right title claims and demands of therein to sd. Wm. B. Tredway in the following boundry of land beginning at a white oak and beech on the East bank of Phillip Fork 20 poles above the big rock house thence N19 W44 poles to a dogwood and beech thence N71 E40 poles to the beginning and the sd. John Sizemore bid the sum of $10.00 and no one bidding more the said tract or parcel of land was in due manner form openly struck off and sold to sd. John Sizemore for the sum of $10.00 therefore to confirm the said purchase of sd. John Sizemore afsd. so as afsd. made this indenture witness of the sd. James Herd, Sheriff afsd. for sd. consideration of sum of $10.00 to him in hand paid by sd. John Sizemore the receipt whereof is hereby acknowledged hath given granted bargained and sold by the presents does give grant convey and sell convey unto the sd. John Sizemore his heirs and assigns all the afsd. described boundry as above lying and being in Clay County KY on the waters of Phillips Fork waters of Red Bird with the appurtenances belonging to same or in any wise appertaining with all the estate of Wm. B. Tredway dec’d. and his heirs forever to every part and parcel thereof to have and to hold the afsd. premise to the said John Sizemore his heirs and assigns forever. In testimony whereof I Jas. Herd have set my hand and seal aforesaid.

James Herd S. C. C.

State of KY Clay County. I, G. W. Price, Clerk of the County Court for the County of afsd do Certify that this deed of conveyance from Jas. Herd to John Sizemore was this day……(bottom of copy cut off)