Knox County IN Archives News.....An Old Kyle Deed Uncovered July 21, 1971 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/in/infiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Andrea Dougan douganquad@aol.com January 29, 2006, 12:36 am Greater Vincennes Shopper, Vol. 4, No. 18 July 21, 1971 AN OLD KYLE DEED UNCOVERED By Myron Boehm It is one thing to read in a 60 year old history book of an event occurring 100 years before that, but quite another to hold in one’s hand an actual document written 160 years ago bearing on the same event. It makes the whole episode become more alive and interesting: one might term the first experience hearsay and the second, evidence. At any rate, this writer had such an experience recently, only it was the other way around: first came the “evidence” and then a search of the history books to see if the incident were recorded. Some time ago, Mr. And Mrs. Thomas Strader of Emison called to this writer’s attention an old deed, dated 1812, which had been issued to Mrs. Strader’s great, great grandfather, JAMES KYLE. Then the search of history books began and eventually the following came to light. In 1911, George E. Greene published a “History of Old Vincennes and Knox County.” On page 294, when discussing the first governor of the Indiana Territory, William Henry Harrison’s negotiation of treaties and the division of the land between the Americans and the Indians, Green had this to say: “A survey was made in the fall of the year 1810 of the boundry line made necessary by the land acquired through the Fort Wayne treaty, by a Mr. McDonald, whom Governor Harrison had detailed for the work. Its establishment heightened the discontent of the Indians growing out of the original cession of the land, which both Tecumseh and the prophet held was neither regular or obligatory.” Not all the Americans agreed with their Governor, however, one especially being outspoken against the plan. This open opposition resulted in a law suit which Greene lists in a footnote which he copied from another book, it is as follows: “In the year 1811 a law suit in which Governor Harrison was plaintiff and a certain William McIntosh was defendant, was determined in the supreme court of the territory at Vincennes. The jury in the case found a verdict in favor of the plaintiff and assessed his damages at the sum of four thousand dollars. The defendant, Mr. McIntosh, was a wealthy resident of Vincennes, a native of Scotland, well educated, and a man of considerable influence among those who were opposed to the treaty-making policy of Governor Harrison. The suit at law was instituted against McIntosh for asserting ‘that Governor Harrison had cheated the Indians out of their lands; and that, by his conduct in so doing, he had made them enemies of the United States.’ To satisfy the verdict of the jury in the case a large quantity of land owned by the defendant was sold, in the absence of Governor Harrison. The Governor sometime afterward caused about two-thirds of the property to be restored to Mr. McIntosh, and the remainder was given to some orphan children, Goodrich & Tuttle, Illustrated History of Indiana, p. 54.” Just how the Governor was able to “restore” the property to its original owner is unknown. It is also doubtful that such a thing occurred at all as Mrs. Strader told this writer the property remained in the Kyle family until 1944 when it was sold! Also, the footnote stated that the case was heard in the supreme court, whereas the deed was issued in the General Court and attested to by R. Buntin who signed as Clerk of the Court of Common Pleas. At any rate, both proceedings – the original trial and subsequent issuance of a deed of sale – took place in “open” court, regardless of its name. It is interesting to check an original document, recently come to light, with an account of the same happening as written in a history book. It is not surprising that some discrepancies should be found occasionally. The first page of the 1812 deed accompanies this article. In all, the deed consists of three legal size sheets. It is impossible in the space allotted to this story, to reproduce it all. Accordingly, only some of the important passages are given. Note the old legal-style phraseology, the indiscriminate capitalizing of words, and some odd spellings, ie., “Teritory,” “Unighted” etc. Parts of the original document follow: “To all whom these presents shall come – James Crow, Sheriff of the County of Knox in the Indiana Territory Sends Greeting - “Whereas, in and by accordance with issued out of and under the seal of the General Court of the said Indiana Teritory and Bearing Teste at Vincennes the twelfth day of June in the year of our Lord one thousand eight hundred & twelve; he the said Sheriff was Commanded, that of the Goods and Chattles and tenements of William McIntosh to be found in his bailiwick, he should Cause to be made the sum of Four thousand & fifty three Dollars & Seventy four cents, which to William Henry Harrison lately in our said General Court before the Judges Thereof, were adjudged for his Damages which he had sustained as well by Reason of the speaking uttering and publishing of Certain false, Scandalous malicious and defamatory Words by the said William McIntosh of and concerning the said William H. Harrison as for his costs and charges by him about his Suit in that behalf… And whereas the said sheriff the same Day at out said Clerks Office returned that no goods & Chattles wherewith to Make & satisfy the said Writ of Execution, were to be found in his bailiwick….and that in further pursuance of the Commands thereof he had levied upon and Taken in Execution (among other possessions) A Certain tract or parcel of land Containing one Hundred acres being part of Number one hundred and Eighty two in the Heads of family Donation in the County of Knox… and that in Conformity with the … Statute Laws…the said Sheriff had…impaneled Twelve Goods and lawful men to enquire whether the yearly rents and profits of the aforesaid Land…would in the space of Seven Years pay & Satisfy the said Judgement… did say and so believed that the rents, Issues & profits thereof would not yield beyond all Reprisals a Sufficiency in the said space of seven years…And Whereas the said Sheriff was Commanded by an Other Writ of Execution Called a Ventitioni Exponas…the twenty Seventh day of July…He should expose to Sale, and that he should leave that money at the Clerks office…And Whereas The said Sheriff…did…Set up and expose to public sale to the highest and Best bidder the said Tract or parcel of Land…the Same was Struck off to JAMES KYLE of the County and Teritory Aforesaid…at and for the price and Sum of Twenty Six Dollars being the most that Could be Obtained for the Same…Now know ye, that… the said Sheriff by Virtue of the Said Writs…and for and in Consideration of the Said Sum of Thirty Six Dollars lawful money of the Unighted States ( Note that the sum differ $26.00 in one place and $36.00 in another!)…Set over…unto the said JAMES KYLE his heirs and assigned forever one hundred Acres…together with all and Singular Rights, Members & appurtenances to the said tract or parcel of Land belonging to anywise appertaining…To have and to hold the said tract or parcel of Land and premises, and every part and parcel thereof…Unto the said JAMES KYLE his heirs & assigns to his and their own proper use and behoof for ever and to and for no Other use Whatsoever. In testimony whereof the said James Crow, the said Sheriff hath hereto set his hand and affixed his seal the Thirteenth day August in the Year of Our Lord one thousand eight hundred and twelve. Signed Sealed & Delivered In presence of G.W. Johnston.” As mentioned before, the “foregoing deed of sale” was attested to by R. Buntin, Clerk. Note: perhaps the person who copied the original document made an error, listing the sum involved as $26.00 one time and $36.00 another? In closing, an observation: How could anyone “restore” this property when the deed states, “ To have and to hold…forever?” File at: http://files.usgwarchives.net/in/knox/newspapers/anoldkyl27gnw.txt This file has been created by a form at http://www.genrecords.org/infiles/ File size: 8.5 Kb