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Monday, October 22, 2012

Elijah Neal's deed for inherited land, 1864, Boone County, Kentucky

This deed, recorded 3 August 1864,  finalizes the transfer of land from William Neal to his son, Elijah Neal. William Neal bequeathed 15 acres of his land to Elijah in his 1856 will. The transfer was contested by some members of the Neal family listed as plaintiffs on the deed. A greater number of family members are listed as defendants of the deed. The enumeration of the family makes this an especially valuable source.
A transcription of the deed follows the images.




[MS page 365]

State of Kentucky Boone County Court.
Martha A. Neal, William Neal, Mary Louisa Neal,
Matthew Neal, and D.H. Mirick, Guardian of
Mary Louisa and Martha A. Neal, Plaintiffs
   Vs.   }   Petition for Division of Land
Jn. Neal, Thomas Neal, Patsy Ruddell, James Neal,
Davis Neal, Wm. Sharp, Delilah Sharp, Elijah Neal,
Wesley Neal and James N. Stephens, Executor of
William Neal, Deceased - Defendants
This Deed made and Concluded this Third day of Aug-
ust One thousand Eight hundred and Sixty four, by and between
James A. Wilson, Commissioner appointed by the Boone County Court
in the State of Kentucky of the first part, Elijah Neal, son of Wil-
liam Neal Deceased of the other part, Witnesseth: That whereas the
Plaintiffs aforesaid by their Attorney in the Clerk's Office of the Boone
County Court on the 2nd day of November 1863, their petition against
said Defendants asking the Court to appoint Commissioners to allot
to Elijah Neal Fifteen Acres of the Land of William Neal Deceased
in accordance with the provisions of the Will of said Deceased, And
whereas, after various proceedings had, an Order was made by the
Court at its March Term, appointing Commissioners to lay off to Eli-
jah Neal fifteen acres of land of the lands of the late William Neal
Deceased pursuant to the prayer of said petitioners, and whereas said
division and allotment was made by said Commissioner pursuant
to law and the Order of said Court, and to the satisfaction and Content-
ment of said parties to said proceedings; which division and allotment was
reported to, approved, and Ordered to be recorded by said Court at its June

[MS page 366]

Term 1864, All the Orders and proceedings of said Court are here
referred to and made parts hereof. And by said report the Lot of fif-
teen Acres of land laid off and allotted to Elijah Neal is bounded as
follows: To wit, as laid off under the direction of James Dinsmore, James
A. Wilson, and Wesley Rice, Commissioners, Beginning at a beech tree
and Stone corner with Benjamin Pepper and William Neal Tract -
then N80°W 46½ poles to a stone in the line between Sam'l Moore and the
William Neal tract; thence N12½°E 51 2/3 poles to a stone; thence S80°E
46½ poles to a stone corner of the Methodist Meeting House Lot in the
line between Benjamin Pepper and the William Neal Tract; thence
with said line S12½°W 51 2/3 poles to the beginning. Containing fifteen
Acres. And whereas also at said June Term 1864 of said Court, said
James A. Wilson was appointed Commissioner to make a Deed Convey-
ing to Elijah Neal the fifteen acres of Land laid off and allotted to Eli-
jah Neal. Therefore, on Consideration of the premises, I, James A. Wil-
son, Commissioner, as aforesaid to perfect said Division & allotment
do hereby grant bargain sell alien convey release and relinquish
to said Elijah Neal, the said Lot of fifteen acres of Land to him and
his heirs forever, with the appurtenances in as full ample and Complete
a manner as said Commissioner can convey or ought to convey this
same in consideration of the premises aforesaid.
In witness whereof said James A. Wilson, Commissioner,
as aforesaid does hereunto Set his name this third day of August,
1864, aforesaid.James A. Wilson
Commissioner
State of Kentucky, Boone County Court, }
August 3rd 1864 }
I, Lewis W. Webb, Clerk of the County Court for the County aforesaid,
certify that this Deed from James A. Wilson Commissioner appoint-
ed by the Boone County Court to Elijah Neal,
was this day produced in Open Court, by said Commissioner and acknowl-
edged by him to be his Act and Deed, examined and approved by the
Court and ordered to be recorded. Wherefor the same and this Certificate
have been duly recorded in My Office. Witness my hand this 3rd
day of August 1864-Lewis W. Webb, Clk

Source:


Boone County, Kentucky. Deed Book 22:365-366, Commissioner to Elijah Neal, 3 August 1864; County Clerk, Burlington.

Commentary:


It was an unexpected surprise to find William Neal's descendants listed as plaintiffs and defendants in this deed. The family members include:
  • Martha A. Neal (D.H. Mirick, Guardian)
  • William Neal (junior ?)
  • Mary Louisa Neal (D.H. Mirick, Guardian)
  • Matthew Neal
  • Jn. Neal (John)
  • Thomas Neal
  • Patsy Ruddell
  • James Neal
  • Davis Neal
  • Wm. Sharp & Delilah Sharp
  • Elijah Neal
  • Wesley Neal
Delilah Sharp's maiden name was Delilah Neal and this deed provides evidence that William and Nancy Neal were her parents. The other family members listed were her siblings, nieces, and nephews.