This indenture made this twelfth day of May one thousand eight hundred and seventeen between John BARTLETT and John BARTLETT Junior of the County of Jefferson and State of Kentucky of the one part and Jacob HITE and Rebecca V. FISHBACK wife of Charles FISHBACK of the other part whereas the said Charles FISHBACK and Rebecca his wife and Jacob HITE filed their bill in the Jefferson circuit court in the state aforesaid against the said John BARTLETT to try and decide the better right to one hundred and eighty one acres on which the said BARTLETT then lived on the the [sic] south branch of the south fork of Beargrass creek in the said county of Jefferson that the said cause came on to be heard and was heard in and by said court on the 24th day of February eighteen hundred and sixteen and the said court decreed that the said Rebecca and Jacob had the better right to the said tract of land, that they should recover the same from the said John and ordered the same be surveyed and laid off by proper metes and bounds which was done by the surveyor of Jefferson County as follows, to wit - Beginning at two beeches and sweet gum said to stand in William MERIWETHERs line at M on the platt agreably to the conveyance of PARKS to sd. BARTLETT and running thence south eighty eight degrees west one hundred and fifteen poles to an elm and beech in SOUTHALL & CHARLTONs line at N on the plat, thence on SOUTHALL and CHARLTONs line south forty six degrees west sixty poles to an ash and two white oaks at D southwest corner of SOUTHALL and CHARLTONs 6000 acre survey and in a line of William BYRDs one thousand acre survey, thence with BYRDs line south thirty nine degrees east twenty four poles to four ash trees at E on the plat corner to sd. BYRDs, thence on another of BYRDs lines south fifty degrees west fifty one poles to three beeches standing about two poles from the west side or bank of a branch of the south fork of Beargrass creek at F on the platt and corner of John MAYs three hundred and fifty acre survey, thence with a line of the same being also a line of the complainants 1163 3/4 acre survey south thirty nine degrees thirty minutes east one hundred and one poles to three beeches which said surveyor marked as a corner in the intersection of the defendents marked line with said three hundred fifty acres designated I on the platt, thence with the defendants line south eighty nine degrees east fifty three poles to a stake near two beeches marked by sd. surveyor as corners and about two poles south of a large poplar this stake is designated K on the platt, thence south sixty four degrees east ninety and a half poles to a beech standing in the southeast corner of BARTLETTs corner orchard and near the west side of the Shepherdsville road, thence north one degree thirty minutes west crossing the aforesaid branch of Beargrass at about thirty four poles in all two hundred and thirty twenty poles to the beginning, that commissioners were at the instance of the defendant said John BARTLETT appointed to assess and report the sort of seating and improving said one hundred and eighty one acres of land and the value of the land as tho’ such seating and improving had never been made, that the sd. Rebecca and Jacob elected to pay the amount reported as the value of the improvements and that the said court on the tenth day of May 1817 made and recorded a decree in said cause as follows, to wit - This day came the complainants by their counsel and the defendant in person and in law and plea of the two statutory bonds required of the complainants in this cause received and acknowledged himself satisfied with the two bonds of Jacob HITE and Abraham HITE his said Jacobs security for the amount of the defendants improvements on the lands in controversy in the court whereupon it is decreed and ordered that the said defendant do on or before the 20th day of this inst. May 1817 yield up and deliver possession of the hundred and eighty one acres of land be the same more of less with its appurtenances to the complts or their agent and do also on or before sd. 20th day of this inst. May 1817 convey said tract of land by special warranty deed to complts Rebecca V. and Jacob HITE and their heirs and assigns according to and in conformity to the final decree heretofore pronounced in this cause and it is farther ordered and decreed that the complaintants have a writ of habire facias possessioner director to the Sheriff of Jefferson County commanding him to give and deliver the complainants possession of said one hundred and eighty one acre tract and its farther decreed and ordered that the complainants recover of the sd. deft. their costs in this behalf expended, now therefore this indenture witnesseth that the said John BARTLETT and John BARTLETT Junior for and in consideration of the premises and in obediance to the said decree have granted aliened released enfeoffed conveyed and confirmed and by these presents do grant alien release enfeoff convey and confirm unto the said Rebecca and Jacob and to their heirs and assigns said one hundred and eighty one acres of land meted and bounded as afsd. be the same more or less with all the appuirtenances and all the estate right title interest claim and fee of them said John BARTLETT and John BARTLETT Jr. of in and to the same - To have and to hold the said tract or parcel of land with the appurtenances unto the said Rebecca and Jacob and to their heirs and assigns - To their only proper use and behoof forever and the said John BARTLETT and John BARTLETT Jr. will and their heirs ex’ors and adm’rs shall warrant and forever defend the said tract or parcel of land with all the appurtenances unto the said Rebecca and Jacob and their heirs and assigns against all and every person or persons whatever lawfully claiming or to claim the same by from thro’ or under them the sd. John BARTLETT and John BARTLETT Jr. but not against any other person or persons whatever. The said John BARTLETT Junior joins in the deed because the land hereby conveyed together with all the lands was conveyed to him by the said John BARTLETT his father since the institution of the suit aforesaid against sd. BARTLETT which deed is duly recorded in the clerks office of the county court of Jefferson in deed book G[10] at page 214 reference thereto being had it will appear. In testimony whereof sd. John BARTLETT and John BARTLETT Jr. have hereto set their hands and seals on the day and year first written.

John BARTLETT {seal} John BARTLETT {seal}

Test.
Isaac TYLER

I the the [sic] Clerk of the County Court of Jefferson County in the state of Kentucky do certify that on this day the above named John BARTLETT and John BARTLETT Jr. came in their proper persons before me in my office and signed sealed acknowledged and delivered the above and foregoing indenture of bargain and sale as and for their act and deed - And that I have recorded the same in my office. Witness my hand this fifteenth day of May 1817.

Worden POPE

Transcribed from microfilm and contributed by George C. Allison.