DEED: Jacob BELLIS to Isaac SMALLEY, 1835, Nicholas Co., Ky

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Submitted by R, Bellis (rbellis@tidalwave.net) - February 14, 2002
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Subject: DEED: Jacob BELLIS to Isaac SMALLEY, 1835, Nicholas Co.


DEED:  Jacob BELLIS to Isaac SMALLEY
19 October 1835 (177 ¼ acres on Brushy Fork, Carlisle, KY)
Nicholas County Courthouse Record Book L, page 39.

This indenture made the 19th day of October in the year 1835.  Between Jacob
Bellis and Susan his wife of Nicholas County and State of Kentucky of the
one part and Isaac Smalley of Bourbon Co. and State aforesaid of the other
part witnesseth That the said Jacob Bellis and wife for and in consideration
of the sum of one thousand Dollars to them in hand Paid and the note of hand
of said Smalley for the sum of seven hundred and forty Dollars fifty cents
dated on the seventeenth day of this instant and due on the fifteenth day of
October 1836 and also one other note of hand of the said Smalley’s for the
same amount of the same date and due the 15th day of October 1837 both of
said notes express on their face that they are in part of the purchase of
said Bellis’s plantation and are attested by the M. Hopkins the receipt of
said one thousand Dollars and two notes are hereby acknowledged. Have granted
bargained and sold and by these presents do convey and confirm unto the said
Isaac Smalley his heirs and assigns forever all that certain tract or parcel of
Land situate and being in the County of Nicholas aforesaid on the waters of the
Brushy Fork and bounded as follows to wit; Beginning at a red Oak in the road a
corner to S. G. Ward; thence with the road N. 31 ½ E. 22 poles, N. 36 ¾ E. 48
poles N. 26 E. 9 poles to Archer’s Line; thence S. 61 E. 21 poles to a Stone;
thence S. 31 ½ E. 28 6/10th poles to  a Stone; S. 85 E. 55 poles to a Beech;
thence S. 61 ¼ E. 43 ¼ poles to a white Oak, thence S. 29 W. 13 poles to a
Stone; thence N. 60 W. 4 poles to a Stone, thence S. 21 ¾ W. 188 poles to a
Stake in Tarr’s Line; thence W. 53 6/10th poles to two blue Ashes; Thence N. 3
E. 40 ¼ poles to a Stone ½ pole E. from a Sugartree marked as a corner.  Thence
N. 85 W. 48 poles to a Hickory; thence N. 30 W. 20 poles to a Stone, thence N. 6
W. 20 poles to a Stone, Thence N. ¾ E. 53 ½ poles to a large dead Poplar; thence
N. 22 ½ E. 47 poles to the Beginning.  Containing One hundred and Seventy seven
and 1/4th acres be the same more or less together with all and singular the
premises and appurtenances thereunto belonging or anywise appertaining.  To have
and to hold the said tract or parcel of Land and premises unto the said Isaac
Smalley his heirs assigns forever.  And the said Jacob Bellis and wife for
themselves, their heirs Executors and administrators the said tract of Land
and appurtenances unto the said Isaac Smalley his heirs or assigns against
the claim or claims of all persons whatsoever do and will warrant and forever
defend by these presents.  But in case said Land shall be lost or taken by any
adverse or better title and by due course of law the said Bellis is only to
refund the purchase money without interest in full of all damages and costs and
the said Jacob Bellis by and with the consent of the said Isaac Smalley doth
hereby retain and reserve for himself his heirs or assigns a lien on said tract
or parcel of Land until the aforesaid two notes with the interests and costs
should any accrue thereon is fully paid

In Testimony whereof the said Jacob Bellis and Susan Bellis his wife  leave
hereunto set their hands and seals the day and year first above written.

Jacob Bellis (seal)
Susan Bellis (mark and seal)

Commonwealth of Kentucky Nicholas County towit:
I J. G. Parks clerk of the County court of the County aforesaid do certify
that this deed from Jacob Bellis and Susan Bellis his wife to Isaac Smalley
was on this day produced to me in my office and acknowledged by the said
Jacob Bellis to be his act and deed and the said Susan Bellis being examined
by me privily apart from her husband declared that She did freely and willingly
seal and deliver said writing and wishes not to retract it and acknowledged the
said writing again Shewn (sic) and explained to her to be her act and deed
consenteth that the same may be recorded.  Whereupon said Deed together with
this certificate have been duly signed 19 October 1835.