DEEDS: Heirs of R. C. Ivie, Calloway County, Kentucky Submitted by: Sylvia A. Nash, ****************************************************************************** USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net ****************************************************************************** Note 1: The following deed transfers are both from the heirs of Robert C. Ivie (he died June 30, 1901) to other individuals. The first one includes the names of the heirs (including his wife, Nancy). The second transfer does not include the names of any of the heirs except Will Ivie (William A. Ivie). Note 2: The 60-acre exception to the first deed appears to be the tract transferred in the second deed. The problem is the exception to the first transfer says "60 acres being W. SIDE OF THE N. E. QUARTER of Sec 2 T2 R5 E, and the second transfer says "the NORTHWEST QUARTER of Sec. 2 T2 R5 East." If this is the same 60 acres, it would suggest that Nancy died between 1903 and 1911. DEED #1: CALLOWAY CO, KY, COMMISSIONER'S BOOK 2, PP 444-445 444 J J Roberts Fees pd Deld [?] WHEREAS, in the action of R. J. Owens etc. Plaintiff, against R. C. Ivie Admr. etc. Defendant, then pending in the Calloway Circuit court, an order was entered at the Nov. Term, 1902 directing M. D. Halton 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 23 day of Feby. 1903 and for the sum of Four Hundred and Fifty Dollars Dollars. And WHEREAS, the report of said sale was confirmed by said court, at the April Term, 1903, and at the Augst Term 1903 an order was entered directing the commissioner to execute a Deed of Conveyance of said property to said J J Roberts. Now, therefore, THIS INDENTURE, made and entered into this 5th day of Augst 1903 between Nancie Ivey, Will Ivey, Jo. Bob Ivey, Virgil Young, Jo. Young, John Ivey, Evaline Wite by M. D. Halton Master commissioner of the said court, of the first part, and J. J. Roberts of the second part, WITNESSETH, that for and in consideration of the premises, and for the further consideration of the full payment of the purchase price aforesaid, the receipt whereof is hereby acknowledged, the parties of the first part, by M. D. Halton as commissioner aforesaid, have sold, and by this writing does convey to said party of the second part, and his heirs and assigns forever, the following described property, to wit: Exept as to the widows homestead right of widow of R. C. Ivey Decd, with [which?] is exprestly reserved and is Not Conveyed by this Deed, Save being described as follows etc. to wit: 60 acres being W. side of the N. E. Quarter of Sec. 2 T. 2 R. 5 E. lying in Calloway County Ky. 445 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 and his heirs and assigns forever. The parties of the first part by said M. D. Halton as Master commissioner, hereby covenant with the part of the second part, that he will warrant and defend the title of the land and premises hereby conveyed against the claims of all persons claiming by or through them. IN TESTIMONY WHEREOF, said M. D. Halton as commissioner aforesaid has hereunto subscribed his name, this 5th day of Augst 1903. M. D. Halton Master Commissioner Calloway Circuit court. Examined and approved in open Court, this 13th day of August 1903 Thos P. Cook Judge. Commonwealth of Kentucky, } SCT. Calloway Circuit Court, Clerk's Office.} I, E. P. Phillips clerk of the Calloway Circuit court, do hereby certify that this Deed from the heirs of R. C. Ivey by M. D. Halton Master commissioner of said court, to J. J. Roberts was on the 13th day of August 1903 presented in open court by said M. D. Halton Master 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 at the Calloway County court, for Record, which is now done accordingly. WITNESS MY SIGNATURE, this 18th day of August 1903 ATTEST: E. P. Phillips Clerk Calloway Circuit Court Commonwealth of Kentucky, } SCT. Calloway County} I, _____ clerk of the Calloway County court, do hereby certify that the foregoing Deed from M. D. Halton Master commissioner of the Calloway Circuit court, in[?] J. J. Roberts was presented to me in my office, on the 19th day of April 1904 certified as above [rest is cut off]. DEED #2: CALLOWAY CO, KY, COMMISSIONER'S BOOK 3, PP 120-121 120 Heirs of R. C. Ivie by Commissioners To Deed D. W. Falwell Dlvd [?] WHEREAS, In the action of M. E. White et al. Plaintiff, against Will Ivie et al Defendant, then pending in the Calloway Circuit court, an order was entered at the Aug. Term, 1910, directing E. C. K. Robertson Master commissioner of said court, to expose for sale at public auction to the highest and best bidder, the property hereinafter described. And WHEREAS, Said property was sold in accordance with said order, on the 26 day of Sep. 1910 for the sum of Six Hundred and ninety four dollars and no cents, when D. W. Falwell became the purchaser thereof. And WHEREAS, The report of said sale was confirmed by said court, at the Nov Term, 1910, and at the April Term 1911 an order was entered directing E. C. K. Robertson Master commissioner to execute a Deed of Conveyance of said property to D. W. Falwell, but for greater certainty, the records and proceedings in said case are referred to. Now, therefore, THIS INDENTURE, made and entered into this 14 day of April 1911, between the heirs of R. C. Ivie by E. C. K. Robertson Master commissioner of the said court, of the first part, and D. W. Falwell of the second part, WITNESSETH, That for and in consideration of the premises, and for the further consideration of the full payment of the purchase price aforesaid, the receipt whereof is hereby acknowledged, the party of the first part, by E. C. K. Robertson Master commissioner aforesaid, has sold, and by this writing does convey to said party of the second part, and his heirs and assigns forever, the following described property, to-wit: Lying and being in Calloway County, Ky: to-wit: Being in the northwest quarter of Sec. 2, T. 2, R 5 East and bounded as follows: Beginning at the northwest corner of said quarter, thence west with section line to the northwest corner of said quarter. Thence south with section line about 60 rods to a stake in section line. Thence south with section line about 60 rods to a stake on section line. [The repetition occurs in the document.] Thence east parallel with section line about 160 rods to quarter section line. Thence north with quarter section line about 60 rods to point of beginning, so as to include 60 acres on the north end of said northwest quarter. 121 TO HAVE AND TO HOLD the said property, together with its appurtenances unto the said grantee his heirs and assigns. The said commissioner conveys all the right, titles, and interest, legal and equitable, of the said heirs, in and to said property, and warrants the title thereto, so far as he is authorized by the judgement, orders, and proceedings in said cause and no further; but he does not bind himself personally by anything contained herein, in any event, whatever. IN TESTIMONY WHEREOF, said E. C. K. Robertson commissioner aforesaid, has hereunto subscribed his name, this 14 day of April 1911; acknowledged by the commissioner, E. C. K. Robertson Commissioner _____. Examined and approved in open court,} this 15 day of April 1911,} J. F. Hanberry Judge, C.C.C.} State of KENTUCKY, } SCT. Calloway Circuit Court} I, Joe Lancaster Clerk of the Calloway Circuit Court, do hereby certify that this Deed from The Heirs of R. C. Ivie by E. C. K. Robertson commissioner of said court, to [left blank] was on the 14 day of April 1911, presented in open court by said 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 at the Calloway county court, for Record, which is now done accordingly. WITNESS my Signature, this 15 day of April 1911, Attest: Joe Lancaster Clerk Calloway Circuit Court State of KENTUCKY, } SCT. Calloway County} I, R. H. Falwell clerk of the Calloway County court, do hereby certify that the foregoing Deed from E. C. K. Robertson, Master commissioner of the Circuit Court, to D. W. Falwell was produced to me in my office, on the 21st day of April 1911, certified as above for record. Whereupon the same, and the foregoing and this certificate have been recorded in my office. WITNESS my hand this 26th day of April 1911. R. H. Falwell Clerk, By [Blank] D. C.