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Wednesday, May 29, 2013

Hayden Records from Mercer County Kentucky: Part 2

This is the continuation of my post about the records I received from Mercer County, Kentucky.  You can read part 1 here.  The next deed books had one record each in them.  Thankfully book 19 had what I was looking for, Elizabeth naming Noah as her son.

In the transcriptions below I placed question marks where I could not read the letters.  If you think you may know the word that would fit there, or what they were trying to say, leave a reply.  My husband and I have not been able to figure it out.

Mercer County Deed book 13 Pages 109-110 
This Indenture made this 18th day of March in the year of our lord 1824 Between Elizabeth Hayden of the state of Kentucky and County of Mercer of the one part and Noah Hayden of the County and State afforsaid  of the other part witnesseth that the said Elizabeth Harden For and inconsideration of Love and affection and of the just and full sum of thirty five dollars to her in hand paid the receipt whereof is hereby acknowledged hath this day Bargained and sold and by these property doth Bargain and sell to the said Noah Hayden and his Heirs a certain tract or parcel of land lying and being in the County of Mercer aforesaid on Hayden Creek at the forks above the lick containing fifty seven and 2/3 acres be the same more or less and Bounded as follows (viz) Beginning at the hickory one of the original corners of the survey Hune(?) with the old line N.?.W. 153 poles to a white oak and Hickory 15 poles short of the original comes thense south 13 W 104 poles to a Hone(?) in the Field west of the forks of the oak Hence S31 E90 poles to two white oaks in the original line Hune(?) N59 E76 poles to the Beginning To have and teola(?) said tract of Land with its appurtenances to the said Noah Hayden and his heirs forever and the said Elizabeth Hayden covenants with the said Noah Hayden and his Heirs or herself and his heirs that she will forever warrant and defend said tract of land with its appurtenances to the said Noah Hayden and his heirs From the claim of his and his heirs as well as against the claim or claims of all and every others person whatever. In Testimony whereof she has (?) set her hand and affixed her seal this day and year above written.Elizabeth Haden (her mark and seal) Mercer County Sct. March 17th 1824The foregiving Indenture was this day before me in my office acknowledged by Elizabeth Hayden a party thereto be her act and deed wherefore I have made the same record. AttestTho. Allin


Mercer County Deed Book 19 Pg 21-22 
This Indenture made this 18th day of 1829 between Elizabeth Hayden of Mercer County State of Kentucky of the one part and Noah Hayden of the same County and State of the other part.  Witnesseth that for and in consideration of the Natural Love and affection which she hath and bears to the said Noah her Son and for the first her consideration of the sum of one Dollar current money by the said Noah to her in hand paid the receipt whereof is hereby acknowledged she the said Elizabeth hath bargained and sold and by these presents doth give grant bargain sell and convey to the said Noah Hayden and his heirs and assigns forever two certain tracts or parcels of land situate lying and being in the county and state a foresaid and on the waters of Hayden Creek and the first containing about four acres and is bounded as follows the to wit, Beginning at the white oak and hickory the most Northward corner of Enoch Haydens original Survey at a Siut Hole thence with a line of said survey S 58 ½ W31 ½ poles to a stake in said line on the bank of a small drain on the SW side thereof thence down the drain on the southside thereof a straight line to a stake in said Noahs line thence with his line barly North 26 poles to a white oak said Noahs corner in the original line of said Enochs survey thence with said original line 12 ½ poles to the Beginning the other Tract contains by estimation about one hundred and fifty five acres be the same more or les and is bounded as follows with to wit, Beginning at a white oaks and hickory begin corner on Haydens SE line of his original survey thense with said Hayden line about 30 poles to a white oak in said line and in a small Drain whence down the said Drain as it meanders to Haydens creek and crossing the creek to two walnut trees on the south side there of thence up the creek keeping two poles from the south bank thereof to a hickory and sycamore in Boyces line thence with said line south and passing his corner and containing south until that course shall strike Henrys line at a stake thence with said line as the course and distance thereof shall be to said Henrys corner a white oak in a small drain thence with said Henrys line about a north course to his original corner in cleared ground thence with another of said Henrys original lines about a west course to a stake where said Henrys line crosses Boyses line thence Boyses line to the Beginning with the appurtenances belonging to each of the said tracts to the and to hold the said two tract or parcels of land with the appurtences until the said Noah Hayden and his Heirs and assigns forever to his and their only proper use and behoof and his heirs and assigns forever to his and their only proper use and behoof and the said Elizabeth Hayden for herself her heirs executors and administrators the said two tracts or parcels of land with their appurtenacnes unto the said Noah Hayden and his heirs and assigns forever against the claims or claims of her the said Elizabeth her heirs executors or assigns and against the claim or claims of all and every other person and persons whatsoever claiming by though or under her she will arrant and forever defend but not against the claim or claims of any other person or persons whatsoever. In testimony whereof the said Elizabeth Hayden hath hereinto set her hand and affixed her seal the day and year first written.Elisabeth Hayden (her mark and seal)Executed in presence of Nancy CareyDanl Carey Mercer County Scts Jany 16th 1830The fore going indenture was this day produced to me in my office and proved to be the act and deed of Elizabeth Hayden a party thereto by the oath of Nancy Carey and Subscribing witness thereto and on yhr 18th of the same month and year the same was fully proven by the oath of Danl Carey another Subscribing witness thereto whereupon I have made the same record.Att Tho. Allin


Having the description of the land laid out like this makes me want to go and find it.   It also made me jump for joy with the acknowledgement of Noah as her son.  In addition, Nancy Carey was her husbands daughter from his first marriage.  She and her sister Permelia both married men named Carey.  Nancy first married James Campbell and then Daniel Carey (signature on deed above).  Permelia married Ebeneezer Carey.

In the next post I will have a timeline showing the actual order the documents were made and other information that I have about the family group.  I hope this will help make sense of the documents as well as give me ideas of what holes I still need to fill in.

7 comments:

  1. the Field west of the forks of the oak Hence S31 E90 poles to two white oaks in the original line Hune(?) N59 E76 poles to the Beginning To have and teola(?) said tract of Land with its appurtenances to the said Noah Hayden and his heirs forever and

    Could the first ? also be for "Hence" since that word is used previously in context with a similar measurement?

    Could the second ? be for "to hold" - as in to have and to hold said tract of land...?

    In Testimony whereof she has (?) set her hand and affixed her seal this day and year above written

    In this section, I think you have the word "set" used correctly. That is a common phrase in old documents.

    Sheila C.

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    1. Those all make sense. It would have been easier to transcribe from the real document not a photocopy. Then I could see the fine lines and nuances that do not see otherwise.

      Thanks!

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  2. It also made me happy when I came to the reference "the said Noah her son." There seem to be so many other chances she had to name Noah her son, but did not. At last!

    In the Deed Book 13 document, the next to the last question mark, I would guess it should be "to have and to hold" -- or that's what I would expect to see.

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    1. Thanks for the input, it makes sense to me too that is would say "to have and to hold."

      It is funny how people, who are long gone, can drive me so crazy. Makes me double check everything I write to make sure I have clear lines of descent!

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  3. Shannon,

    I agree with earlier comments about To Have and To Hold and she "set." It would have helped to have the documents to look at.

    One thing I wanted to mention is that you should put your question marks in square brackets like this [?]. That indicates that it is the transcriber's comments and not part of the text. Using parenthesis indicates it is part of the text.

    Your first commenter might be right about Hune being Hence. But my first thought was that it was a person's name.

    Hope this helps. Great job by the way! Have fun!

    Ginger

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  4. Shannon,

    I agree with earlier comments about To Have and To Hold and she "set." It would have helped to have the documents to look at.

    One thing I wanted to mention is that you should put your question marks in square brackets like this [?]. That indicates that it is the transcriber's comments and not part of the text. Using parenthesis indicates it is part of the text.

    Your first commenter might be right about Hune being Hence. But my first thought was that it was a person's name.

    Hope this helps. Great job by the way! Have fun!

    Ginger

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    1. Thanks for the tip on the bracket. I will go back and make those changes in my document.

      I didn't post images as there are quite a few of them and they are in a PDF format. As of today I can't get blogger to let me insert PDFs into my posts. If I do get them transferred into a different format I have plans on posting them.

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