COURT: Heirs of Fleming Garrett against America Garrett (his widow), 1871, Bath Co., Ky ****************************************************************** USGENWEB NOTICE: In keeping with our policy of providing free genelaogical information on the Internet, data may be freely used for personal research and by non-commercial entities as long as this message remains on all copied material. These electronic pages may not be reproduced in any format or presentation by other organizations or persons.Persons or organizations desiring to use this material for profit or any form of presentation, must obtain the written consent of the file submitter, or his legal representative and then contact the listed USGENWEB archivist with proof of this consent. Date: Tue, 5 May 1998 07:27:32 -0400 From: "Smith, Elizabeth" ****************************************************************** Fleming H. and America H. (Nailor/Naylor) Garrett were my 3rd great grandparents. They married on 26 Oct 1818 in Clark Co., KY and resided in Fayette, Shelby, and Bath Co., KY. Fleming was born in VA on 9 Jan 1792. He died in Bath Co., KY on 15 Jul 1868. He is buried at the Union Church Cemetery at Peeled Oak in Montgomery Co., just across the Bath Co. line. Bath Co., KY Court Order Book H Page 217 Aaron Garrett and others Plffs } against } On Petition for Partition } Judgement America Garrett & others Defts } The Court being Sufficiently advised ajudged? that the lands mentioned in the pleadings and exhibits be partitioned and divided among the owners thereof according to the prayer of the petition and to this end Thos N. Flood, An N. Crooks and James Ewing are appointed Commissioners who shall go upon the lands on the 16th day of March 1869 and after having been duly Sworn shall for each allot to the defendant America Garrett as widow of Fleming Garrett one third of said land as dower having due regard to quantity, quality and value, and that they allot to Aaron Garrett in his own right and as vendee? of David Garrett, Two tenths. To Richard Garrett in his own right and as vendee of Catharine Williams Henry Garrett Martha Jones & Julia A Miller five tenths. To Ann Eliza Scott one tenth & To Fanny Scott one tenth, and to Charles, Mary C, Taylor, William and Elizabeth Corbin heirs of Malinda Corbin dec'd one tenth having due regard to quantity quality and value. Said Commissioners shall report to Court giving metes bounds and a full description of the partition. ---------------------------- Bath Co., KY Deed Book 27 Pages 349 Commission'r To } Deed C. Corbin &c Whereas, in the action of Aaron Garrett & others, Heirs of Fleming Garrett Dec'd Plaintifs, against America Garrett (his widow) Defendant, then pending in the Bath County Court, an order was made at the March Term, 1869 directing Thomas N. Flood A N Crooks & James Ewing Commissioners of said Court to divide and allot the lands named in said Plaintiff's Petition. And Whereas, said lands were divided in accordance with said order, and there was allotted by said Commissioners to Charles Corbin, Mary C. Corbin, Taylor Corbin, William Corbin and Elizabeth Corbin Lot No. 1 described as follows, viz: Beginning at a stake in Mrs McIlvain's line, Thence S. 3/4.W.22. poles to a stake in said line. Thence E.42.24. poles to a stake in Botts line, Thence N.27 1/2.W.24.6 poles with said line to a stake. Thence W 30.56.poles to the beginning. Containing Five acres. And Whereas, the report of said division was confirmed by said Court at the May Term, 1869 and by a further order then made, the undersigned was appointed Commissioner, and directed to execute a Deed of Conveyance of said land described as Lot No. 1 to said Charles Corbin, Mary C. Corbin, Taylor Corbin, William Corbin and Elizabeth Corbin. Now, Therefore, This Indenture, made and entered into this 9th day of January, 1871 between Aaron Garrett David Garrett Richard Garrett Uriah Williams Catherine Williams Henry Garrett, Martin Jones Martha Jones, Richard Miller Julia A Miller Ann Eliza Scott Joseph Conner Fanny Scott Conner, George Corbin and America Garrett by R Gudgill Special Commissioner aforesaid of the first part and Charles Corbin, Mary C. Corbin, Taylor Corbin, William Corbin and Elizabeth Corbin of the second part. Witnesseth, that for and in Consideration of the premises, and in obedience to said order, parties of the first part, by R. Gudgill Special Commissioner aforesaid, have sold, and do hereby convey to each said parties of the second part their heirs and assigns forever, the Lot of land above described To Have and to Hold said Land with all the appurtenances thereunto belonging unto the parties of the Second part and their heirs and assigns forever. The parties of the first part by said R. Gudgill Commissioner aforesaid hereby Covenant witht he parties of the Second part that they warrant and defend the Title to the Land and premises Conveyed against the claims of all persons claiming by through or under them and this Certificate hath been duly recorded Given under my hand this 9th day of January 1871. R Gudgill Special Commissioner Examined and approved in open Court, this 9th day of January 1871 A. J. Ewing, Judge of Bath County Court State of Kentucky Bath County } Sct I James W. Boyd Clerk of the Bath County Court do certify that the foregoing deed was this day produced in open Court and acknowledged by R. Gudgill Special Commissioner to be his act and deed: was examined and approved, and ordered to record. Wherupon the same with the endorsement thereon and this Certificate hath been duly recorded. Given under my hand this 9th day of January 1871. Examined J. M. Boyd Clerk ---------------------------------------------------------------- Bath Co., KY Deed Book 27 Pages 351-352 Commission'r To } Deed R. Garrett Whereas, in the action of Aaron Garrett & others, Heirs of Fleming Garrett Dec'd Plaintifs, against America Garrett (his widow) Defendant, then pending in the Bath County Court, an order was made at the March Term, 1869 directing Thomas N. Flood A N Crooks & James Ewing Commissioners of said Court to divide and allot the lands named in said Plaintiff's Petition. And Whereas, said lands were divided in accordance with said order, and there was allotted by said Commissioners to Richard Garrett Lot No. 2 discribed as follows, viz: Beginning at a Stake in Greens line, Thence S 1 1/4 W. 38.84 poles to a stake corner to Mrs McIlvains. Thence S88 3/4.E 79. poles to a stake corner to Same, Thence S 3/4 W 10.8 poles to a Stake Corner to lot No. 1. Thence E 30.56 poles to a stake in Botts line corner to lot No 1. Thence N 27 1/2 W 57.9 poles a stake in said line, Thence W 81.84 poles to the beginning containing Twenty five acres. And Whereas the report of said division was confirmed by said Court at the May Term 1869 and by a further order then made, the undersigned was appointed Commissioner and directed to execute a Deed of Conveyance of said land described as lot No. 2. to said Richard Garrett Now, Therefore, This Indenture made and entered into this 9th day of January 1871 between America Garrett, Aaron Garrett, Ann Eliza Scott Fanny Scott Conner, Charles Corbin, Mary C. Corbin Taylor Corbin, William Corbin, and Elizabeth Corbin by R Gudgill Special Commissioner aforesaid, of the first part, and Richard Garrett of the Second part Witnesseth, that for and in consideration of the premises, and in obedience to said order, the parties of the first part by R. Gudgill Special Commissioner, aforesaid, have sold, and do hereby convey to said party of the Second part and his heirs and assigns forever the Lot of Land above discribed To Have and to Hold, said Land with all the appurtenances thereunto belonging unto the party of the second part and his heirs and assigns forever. The parties of the first part by said R Gudgill Special Commissioner aforesaid, hereby Covenant with the party of the second part that they will warrant and defend the Title to the Land and premises conveyed against the claims of all persons claiming by through or under them respectively or through their ancestor Fleming Garrett Dec'd In Testimony Whereas, said Commissioner has hereunto set his name this 9th day of January 1871 R. Gudgill Special Commissioner Examined and approved in open Court this 9th day of January 1871 A. J. Ewing Judge of Bath County Court State of Kentucky Bath County } Sct I James W. Boyd Clerk of the Bath County Court do certify that the foregoing deed was this day produced in open Court and acknowledged by R. Gudgill Special Commissioner to be his act and deed: was examined and approved by the Court and ordered to be recorded Whereupon the same with the endorsement thereon, and this Certificate has been duly admitted to record in my office Given under my hand this 9th day of January 1871. Examined J. W. Boyd Clerk ---------------------------------------------------------------- Bath Co., KY Deed Book 27 Pages 352-354 Commission'r To } Deed Ann E. Scott Whereas, in the action of Aaron Garrett & others, Heirs of Fleming Garrett Deceased Plaintiffs, against America Garrett (his widow) Defendant, then pending in the Bath County Court, an order was made at the March Term, 1869 directing Thomas N. Flood A N Crooks & James Ewing Commissioners of said Court to divide and allot the lands named in said Plaintiff's Petition. And Whereas, said lands were divided in accordance with said order, and there was allotted by said Commissioners to Ann E. Scott Lot No. 3 discribed as follows, viz: Beginning at a stake in Green's line, Thence with it S 1 1/4 W. 10.12 poles to Stake a corner to lot No. 2. Thence E 81.84 poles to a stake in Botts line and corner to lot No. 2. Thence N 27 1/2 W 8.36 poles to a stake a corner to same. Thence N.24 3/4 W. 3.02. poles to a Stake in line of Same Thence W76.48 poles to the beginning containing five acres And Whereas the report of said division was confirmed by said Court at the May Term 1869 and by a further order then made, the undersigned was appointed Commissioner and directed to execute a Deed of Conveyance of said land described as lot No. 3. to said Ann Eliza Scott. Now, Therefore, This Indenture made and entered into this 9th day of January 1871 between America Garrett Aaron Garrett Richard Garrett Charles Corbin Mary C Corbin, Taylor Corbin William Corbin Eliza Corbin and Fannie Scott Conner by R. Gudgill Special Commissioner aforesaid, of the first part and Ann Eliza Scott of the second part Witnesseth, that for and in consideration of the premises, and in obedience to said order, the parties of the first part by R. Gudgill Special Commissioner, aforesaid, have sold, and do hereby convey to said party of the Second part and her heirs and assigns forever, the Lot of Land above described. To Have and to Hold, said Land with all the appurtenances thereunto belonging unto the party of the second part and her heirs and assigns forever. The party of the first part by said R Gudgill Special Commissioner aforesaid, hereby Covenant with the party of the second part that they will warrant and defend the Title to the Land and premises conveyed against the claims of all persons claiming by through or under them In Testimony Whereas, said Commissioner has hereunto set his name this 9th day of January 1871 R. Gudgill Special Commissioner Examined and approved in open Court this 9th day of January 1871 A. J. Ewing Judge of Bath County Court State of Kentucky Bath County } Sct I James W. Boyd Clerk of the Bath County Court do certify that the foregoing deed was this day produced in open Court and acknowledged by R. Gudgill Special Commissioner to be his act and deed: was examined and approved by the Court and ordered to be certified for record. Whereupon the same with the endorsement thereon, and this Certificate has been duly admitted to record in my office Given under my hand this 9th day of January 1871. Examined J. W. Boyd Clerk --------------------------------------------------------------- Bath Co., KY Deed Book 27 Pages 354-355 Commission'r To } Deed F. S. Conner Whereas, in the action of Aaron Garrett & others, Heirs of Fleming Garrett Deceased Plaintiffs, against America Garrett (his widow) Defendant, then pending in the Bath County Court, an order was made at the March Term, 1869 directing Thomas N. Flood A. N. Crooks & James Ewing Commissioners of said Court to divide and allot the lands named in said Plaintiff's Petition. And Whereas, said lands were divided in accordance with said order, and there was allotted by said Commissioners to Fannie Scott Conner Lot No. 4.. discribed as follows, viz: Beginning at a Stake in Goins? line thence with it S 1 1/4 W.10.84 poles to a stake in same and corner to lot No. 3. Thence E 76.48 poles to a stake in Botts line, Thence W.71.24 poles to the beginning Containing five acres And Whereas the report of said division was confirmed by said Court at the May Term 1869 and by a further order then made, the undersigned was appointed Commissioner, and directed to execute a Deed of Conveyance of said land described as lot No. 4. to said Fannie Scott Conner. Now, Therefore, This Indenture made and entered into this 9th day of January 1871 between America Garrett Aaron Garrett Richard Garrett Ann Eliza Scott Charles Corbin, Mary C Corbin, Taylor Corbin William Corbin & Elizabeth Corbin and Fannie Scott Conner by R. Gudgill Special Commissioner aforesaid, of the first part and Fannie Scott Conner of the second part Witnesseth, that for and in consideration of the premises, and in obedience to said order, the parties of the first part by R. Gudgill Special Commissioner, aforesaid, have sold, and do hereby convey to said party of the Second part and her heirs and assigns forever, the Lot of Land above described. To Have and to Hold, said Land with all the appurtenances thereunto belonging unto the party of the second part and her heirs and assigns forever, The parties of the first part by said R Gudgill Special Commissioner aforesaid, hereby Covenant with the party of the second part, that they will warrant and defend the Title to the Land and premises conveyed against the claims of all persons claiming by through or under them In Testimony Whereas, said Commissioner has hereunto set his name this 9th day of January 1871 R. Gudgill Special Commissioner Examined and approved in open Court this 9th day of January 1871 A. J. Ewing Judge of Bath County Court State of Kentucky Bath County } Sct I James W. Boyd Clerk of the Bath County Court do certify that the foregoing deed was this day produced in open Court and acknowledged by R. Gudgill Special Commissioner to be his act and deed. was examined and approved by the Court and ordered to be certified for record: Whereupon the same with the endorsement thereon, and this Certificate has been duly admitted to record in my office Given under my hand this 9th day of January 1871. Examined J. W. Boyd Clerk --------------------------------------------------------------- Bath Co., KY Deed Book 27 Pages 355-357 Commission'r To } Deed A. Garrett Whereas, in the action of Aaron Garrett & others, Heirs of Fleming Garrett Dec'd Plaintiffs, against America Garrett (his widow) Defendant, then pending in the Bath County Court, an order was made at the March Term, 1869 directing Thomas N. Flood A. N. Crooks & James Ewing Commissioners of said Court to divide and allot the lands named in said Plaintiff's Petition. And Whereas, said lands were divided in accordance with said order, and there was allotted by said Commissioners to Aaron Garrett Lot No. 5. discribed as follows, viz: Beginning at a Stake in Butts line and Corner to Green, Thence S 1 1/4 W.23.4 poles with Greens line to a stake and corner to No. 4: Thence East 71.24 poles to a Stake in Botts line and corner to lot No 4. Thence N 24 3/4 W.28.06. to a fallen down hickory and corner to Butts Thence S88W59 to a stake in Buts line the place of beginning containing ten acres And Whereas, the report of said division was confirmed by said Court at the May Term 1869 and by a further order then made, the undersigned was appointed Commissioner, and directed to execute a Deed of Conveyance of said land described as lot No. 5. to said Aaron Garrett. Now, Therefore, This Indenture, made and entered into this 9th day of January 1871 between America Garrett Richard Garrett Ann Eliza Scott Charles Corbin, Mary C Corbin, Taylor Corbin William Corbin & Elizabeth Corbin and Fannie S Conner by R. Gudgill Special Commissioner aforesaid, of the first part and Aaron Garrett of the second part Witnesseth, that for and in consideration of the premises, and in obedience to said order, the parties of the first part by R. Gudgill Special Commissioner aforesaid, have sold, and do hereby convey to said party of the Second part and his heirs and assigns forever, the Lot of Land above described. To Have and to Hold, said Land with all the appurtenances thereunto belonging unto the party of the second part and his heirs and assigns forever, The parties of the first part by said R Gudgill Special Commissioner aforesaid, hereby Covenant with the party of the second part, that they will warrant and defend the Title to the Land and premises conveyed against the claims of all persons claiming by through or under them In Testimony Whereas, said Commissioner has hereunto set his name this 9th day of January 1871 R. Gudgill Special Commissioner Examined and approved in open Court this 9th day of January 1871 A. J. Ewing Judge of Bath County Court State of Kentucky Bath County } Sct I James W. Boyd Clerk of the Bath County Court do certify that the foregoing deed was this day produced in open Court and acknowledged by R. Gudgill Special Commissioner to be his act and deed, was examined and approved by the Court, and ordered to be certified for record: Whereupon the same, with the endorsement thereon, and this Certificate has been duly admitted to record in my office Given under my hand this 9th day of January 1871. Examined J. W. Boyd Clerk