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July 25, 1829 – Deposition of William Becket, Clark Co., IN. His wife Jane sold her share of the land to John Shawhan shortly before their marriage, and received payment after their marriage. The transaction occurred after John had obtained deed from Wm. Miller.
Aug. 1, 1829 – Deposition of Daniel Shawhan and wife Mary, Rush Co., IN. Wm. Pugh came to Daniel’s house in 1822 or 1823 to purchase his interest in the land that his father Daniel had purchased from Reuben Rankin. Daniel told Pugh that John Shawhan had already purchased the land from him as well as from the other children -–i.e. Jane, Elizabeth, Joseph, Robert, etc. Daniel also stated that the deed from Wm. Miller to John Shawhan was "right and just". He further stated that he, Daniel, lived on the land from 1789 –1796 and, until 1825, was "not more than a day’s ride away".
April 22, 1830 – Deposition of Margaret Shawhan, in Clark Co., IN. Her husband, Daniel Shawhan, moved to KY in May 1789. That summer he purchased 130 acres from Reubin Rankin – the family moved to the property in October or November of 1789. Daniel died May 1791. Six or seven years later, her daughter Nancy (Shawhan) Williams visited from PA and Margaret returned to PA with her. Nancy told Margaret that she and John had arranged for John to have her share of the 130 acres.
May 1830 – Bourbon Co. Circuit Court. Sustained John Shawhan objection to filing of deeds by Isaac William and wife, and by Eli Robertson and wife, as having non-legal authentication.
April 16, 1834 – Kentucky Court of Appeals. Affirmed Circuit Court decree.
Aug. 13, 1789 – Bond by Reuben Rankin for sale of 130 acres to Daniel Shawhan for 250 pounds – that part of purchase made by Rankin, Robt. Bell, and Joseph Pugh.
June 24, 1800 (?) -- Deed for sale of land by Wm. Miller to John Shawhan
April 22, 1802 – Agreement between John Shawhan and Jane Shawhan for John to acquire Jane’s land interest; he will pay Polly and Luke Shawhan Becket when they arrive at age.
June 30, 1803 – Note from Joseph Shawhan to Mr. Rankin, stating that John Shawhan had satisfactorily divided the land.
July 1, 1803 -- Receipt by John Shawhan for horse from Reuben Rankin regarding the sum paid Wm. Miller for land, of 19pds, 10s.
August 13, 1789
Know all men by these presents that I Rubin Rankins of the county of Bourbon and State of Virginia and held firmly bound unto Daniel Shawhorn of the said county & state above mentioned in the just & full sum of two hundred and fifty pounds current money of Virginia to which payment well and truly to be made I bind myself my heirs Executors, Administrators & Assigns firmly by these presents witness, my hand and seal this 13th day of August 1789. The condition of the above obligation is such, that as the above bound Rubin Rankins has bargained & sold to the said Daniel Shawhorn a certain tract of land containing one hundred and thirty acres lying & being in the county of Bourbon on the waters of Townsends Run it being a part of a purchase made by the said Rubin Rankins Robert Bell & Joseph Pugh in partnership and if the said Rubin Rankins or his Heirs shall make a good and lawful deed with a general warrantee unto the said Daniel Shawhon his Heirs or Assigns—the Deed to be made as soon as opportunity will admit then the above obligation to be void or else remain in full force and virtue in law.
In presents of Reubin Rankins (seal)
Robert Wilmott Daniel Mosby (seal)
July 22, 1799
Then received of John Shawhan a gray hors at 45 dolar in payment of my wife Elisebeths part of the land that said John Shawhan now lives on Received by me
Witness present Eli Robertson
This is to certify that I Eli Robertson and my wife Elizabeth do asign over to John Shawhan our full right of (word illegible) Heirship of a bond from Reubin Rankin to Daniel Shawhan having date 18th of August 1789.
Witness before sind Eli Robertson
Joseph Shawhan her
her Elizabeth Robertson
Margrit Shawhan mark
June 24, 1800
William Miller deed to John Shawhan
This indenture made this twenty fourth day of June in the year of our Lord one thousand eight hundred between William Miller of the County of Garrard and State of Kentucky of the one part and John Shawhan of the County of Bourbon and State afores’d, of the other part. Witnesseth that the William Miller for and in consideration of the sum of £19.10 current money of Kentucky to him well and truly in hand paid at before the sealing and delivery of the presents the receipt whereof he doth hereby acknowledge and is therefore satisfied have granted, bargained, sold, conveyed, and released; and by these presents do grant, bargain, sell, convey, and release unto said John Shawhan, his heirs or assigns, all his Right Title and interest which he now hath to all that certain tract or parcel of land situate lying and being in the County of Bourbon—and on Townsend’s Run a branch of the south fork of Licking it being a part of John Townsend’s preemption and bounded as follows (towit): Beginning at an elm ash and hickory corner to said Townsend’s settlement turning thence North forty-five degrees East one hundred and seventy six poles to a (illegible word)_ (illegible word)_ and Hickory, North forty five degrees West one hundred and eighteen poles to a Hickory Box elder and Hackberry, South forty five degrees West one hundred seventy six poles to a Dogwood Hickory and Ironwood in said settlement line then with the same south forty five degrees East one hundred and eighteen poles to the beginning containing one hundred thirty acres. To have and to hold the said tract or parcel of land is as above butted and bounded with all and singular the (illegible word) and appertenances thereunto belonging to the said John Shawhan and his heirs and assigns forever and the said William Miller for himself and his heirs the said tract of land unto the said John Shawhan and to his heirs and assigns shall and will warrant and forever defend against the claims of him the said Miller and his heirs, and no other person or persons whatsoever, but it is to be further understood that if the above mentioned tract or parcel of land or any part thereof should be taken by a prior or better claim then the said Miller is to refund the said purchase or so much thereof in proportion to the land so taken.
In Witness whereof the Parties first named in this Indenture have hereunto set their hands and seals the year and day above written.
Wm Miller (seal)
Bourbon County August 19th 1800
I do testify that this deed of bargain and sale from William Miller to John Shawhan was proved before me by the oath of John Tucker, William McCune and Joseph Pugh, witness thereto and ordained to be recorded
Tho. Arnold, clk.
Wm. Miller to Jno. Shawhan deed
Record Bk. I, pa. 370—end
April 22, 1802
Article of an agreement between John Shawhan and Jean Shawhan of the County and State aforesaid this is to certify that sd John and Jean Shawhan have made and agreed on this that the sd John Shawhan is to give Polly and Luke Shawhan her son and daughter forty dollars in good property when they arrive at the age sufficient to do for themselves in and by way of satisfying her in full for any right or claim—or her heirs after her might have of a certain tract of land being the land that Daniel bought of Reubin Rankin in placing such confidence in the said John to preform (sic) the said agreement. I do (sic) now sign over any right or claim that might fall to me by heirship in the said piece or tract of land he now lives on being the same tract of land purchased of the above mentioned Reubin Rankin by my father Daniel Shawhan. Whereunto I do set my hand and seel (sic) this 22d day of April 1802.
June 3, 1803
Mr. Rankin this is to satesfy you that brother John and I has divid the land and I am satisfied so you may pay him up and save more trouble
July 1, 1803
Received of Reubin Rankin one hors of £19.10 valieu in consideration of the sum I paid William Miller in regard of the land I now liv on
Test John Shawhan
Joshua Hall July 1st 1803
July 17th 1809
Then received of John Shawhan the written mentioned sum of forty dollars in good property and by this we do agree to Releese him and his heirs from the within mentioned Luke and Polly in consideration of the within mentioned contract.
July 13, 1822
State of Indiana
I Isaac Shelby Clerk of the Circuit Court of Clark County within the second Judicial Circuit in the State aforesaid, do certify that Thomas J. Todd and Lemuel Ford Esquires Before whom the within and foregoing Indenture appears to have been acknowledged by the within named Eli Robertson and Elizabeth his wife the Grantors thereto subscribed—And whose Certificate thereof Appears hereon written, were at the time of receiving such acknowledgements and still are two of the Justices of the Peace in and for our said County of Clark duly Elected commissioned and qualified and that full faith and credit are due and ought to be given to all their Official acts as well in Courts of Justice, as thereonto, In Testimony whereof I have hereto subscribed my name and affixed the seal of Our said Court the 13th day of July 1822.
J. Shelby, Clk
Bourbon County Court Clerks (rwo words illegible) Augt 3rd 1822 This deed of bargain and sale from Eli Robertson & wife to William Pugh was this day produced to me in my office and the same together with the certificates thereon endorsed is thereupon duly recorded in my office--Thomas P. Smith
July 17, 1822
This Indenture made the 17th day of July 1822 Between Eli Robinson & Elizabeth his wife, late Eizabeth Shawhon (daughter of Daniel Shawhon dec’d) of Clark County Indiana, of the one part and William Pugh of Bourbon County Kentucky of the other part—Witnesseth, that the said Eli & Elizabeth for and consideration of the sum one dollar lawful money to them in hand paid by the said William the receipt whereof is hereby acknowledged have granted, bargained & sold, and by these presents do grant, bargain and sell unto the said William his heirs and assigns forever, all that certain piece of or parcel of land lying and situate in the County of Bourbon & State of Kentucky aforesaid, being the one equal undivided seventh part of a tract of one hundred & thirty acres being part of a tract on which one John Shawhon now lives on Townsend—the said one hundred and thirty acres being a tract which descended from said Dan’l Shawhon dec’d to his children of whom said John & Elizabeth were two.
Together with all and singular the heriditaments & appertenances thereunto belonging or appertaining—To have and to hold the said equal undivided one seventh part of said tract unto the said William Pugh his heirs & assigns, forever.
In Testimony whereof the said Eli & Elizabeth have hereunto set their hands & seals signed and delivered
In presence of Eli Robertson (seal)
P. Morrison her
State of Indiana
We Thomas J. Todd & Lemuel Ford Justices of the Peace in aforesaid County & State do hereby certify that on this 17th day of July 1822 personally appeared before us Eli Robinson & Elizabeth his wife, known to us as the grantors of the within deed and generally acknowledged that they executed the same as their act & did for the uses & purposes therein expressed. The said Elizabeth being by us examined separately & apart from her said husband acknowledged that she executed the same freely, without any fear, threats or compulsion of (illegible word) from her said husband and at the same time relinguished all her estate in & right & title of dower to the land within described & conveyance.
Thomas J. Todd (seal)
Lemuel Ford (seal)
We the justices of the Peace whose names are (word illegible) to the aforesaid Certificate of Sale & acknowledgement—do hereby farther certify—that the aforesaid deed was made & executed & delivered on the 13th day of this month—but by mistake was wrongly dated to wit, on the 17th and that by a similar error the same mistake was made in our certificate above—which Certificate we have so altered, as to make the above date correct.
In testimony whereof we hereunto affix our hand & seals this 15th day of July 1822.
Tho. J. Todd (seal)
Lemuel Ford (seal)
August 24, 1822
To the Honble the Judge of the Bourbon circuit court in chancery siting your orator William Pugh would shew that in the year (blank) a certain William Miller obtained a patent for three hundred and thirty acres of land situate in the now county of Bourbon on Townsend. All which will more fully appear by the patent, which if necessary will hereafter be filed & made a part of this bill—That said patentee previously to the (emanation?) of his patent, to wit, on the (blank) day of (blank) in the year (blank) sold to a certain Wm Hoy the whole of sd 330 acres of land to a certain Reubin Rankin, Robert Bell & Joseph Pugh, and executed to them a bond therefor binding himself to convey the title to the land. That about the year 1788, the said Rankin, Bell & Pugh made a friendly partition of said 330 acres among themselves, by metes & (word illegible) that Rankin’s portion was 130 acres. That Pugh & Bell about the same time entered upon their respective parts of said land. That about the same time the said Rankin sold to a certain Daniel Shawhon his said 130 acres so as aforesaid alloted to him in said partition; and executed to him a bond therefor binding himself to convey the title of said land to said Daniel. That said Daniel Shawhon immediately settled upon said 130 acres, made valuable & lasting improvements, & resided thereupon untill his death which happened in the year 1791. That the said Daniel departed this life intestate leaving said land to descend among his children, of whom there were seven in number, whose names were John, Joseph, Daniel & Robert Shawhon, Nancy who has since intermarried with a certain Isaac Williams, Jane Shawhon, who has since intermarried with a certain Wm Becket, and Elizabeth Shawhon, who has since intermarried with a certain Eli Robinson—That the said decedent Daniel left his wife Margaret Shawhon a widow who obtained letters of administration upon said decendents estate, from the county court of Bourbon—Your orator would shew that said Daniel Shawhon during his life did not obtain a deed for said land from his vendor Rankin or from any other person. That the said widow & children continued to reside upon said 130 acres of land for ten or twelve years; and during that time the said (word illegible) of said Daniel Shawhon made considerable lasting & valuable improvements, particularly by way of clearing & inclosing land, in addition to the improvements made by said Daniel in his life time. That about ten or twelve years after the death of said Daniel, the said widow & all the children except John & Joseph removed from said land & never since returned to said land. That during this said ten or twelve years, say in the year 1800, the said John Shawhon, without the knowledge or consent of any of his brothers or sisters, except probably Joseph Shawhon who not long thereafter removed from sd land, obtained from said Wm Miller the patentee, a deed for said 130 acres of land, in his own name without including therein any of the sd heirs of Daniel Shawhon dec’d That sd John All which will more fully appear by reference to sd deed a copy of which is made a part of this bill. That the said John paid said Miller upwards of 19 pounds for the purpose of procuring said title, the said Miller pretenting there was that sum due to him from afs’d Hoy, towards said 130 acres of land. That said John Shawhon shortly after procuring said deed applied to sd Rankin, who had sold said 130 acres of land to sd decedent Daniel Shawhon, and demanded from him the said sum which he said John had paid said Miller, and obtained the same in full from sd Rankin, & thereby reinbursed himself the money which he had paid to said Miller. That since said Joseph Shawhon removed from said land, which was in the year 18 (last two digits missing) the said John Shawhon has solely enjoyed occupied and enjoyed said 130 acres of land. That there has never been a partition of said land among the said heirs of sd Daniel Shawhon dec’d nor has said John ever released his title legal title so improperly obtained, to and am sd heirs. Nor has dower ever been alloted to said widow in said land.
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