Ritchey and I have spent a wonderful five years in Michigan, but we now think it is time to go home – to Kentucky.  I have missed having easy availability to court houses, libraries and historical societies for research.  And we miss our family and friends.  We are in the process of selling our home and buying another – not sure how long the process will take.

Today I share a deed from Garrard County from John and Elizabeth Smith, of Jefferson County, Iowa, to Isaiah Hill, my 2^nd great-grandfather, who was killed in the Hill Evans feud March 13, 1852.  My question is who are the John and Elizabeth Smith from Jefferson County, Iowa Territory?  I thought perhaps Elizabeth was a sister of Isaiah Hill, and since she and husband John Smith moved to Iowa, they decided to sell their Kentucky property.  As far as I know Isaiah had no sister by this name.  The only possibility I found was a cousin named Elizabeth, daughter of Isaiah’s uncle, Andrew Hill, but I can’t find that she married John Smith.  Since Isaiah was sold one eighth of a tract of 125 acres, it sounds like land left to eight children from their father or mother.  It is disappointing to have no description of where the land might be located.

Garrard County Deed Book Q, Page 96

John Smith and Wife to Isaiah Hill – Deed

Know all men by these presents, that we, John Smith and Elizabeth Smith, of the County of Jefferson and Territory of Iowa, for and in consideration of one hundred dollars to us in hand paid by Isaiah Hill of the County of Garrard and State of Kentucky, the receipt whereof is hereby acknowledged, have bargained, sold, aliened and confirmed and by these presents do bargain, sell, alien and confirm unto the said Isaiah Hill a part of a certain tract or parcel of land situated, lying and being in the County of Garrard and State of Kentucky.  The interest hereby conveyed is one undivided eighth of said tract which in the whole contains about one hundred and twenty-five acres be the same more or less.  To have and to hold the interest hereby conveyed unto the said Isaiah Hill, his heirs and assigns, in fee simple forever, and we the said John and Elizabeth Smith do covenant with the said Isaiah Hill that we will defend the title of said land free from the claim of ourselves, our heirs and assigns forever and free from the claim or claims of all and every person or persons whatsoever.  In witness whereof we have hereunto set our hands and seals this  day of    1846.

John Smith, Elizabeth Smith

Territory of Iowa, Jefferson County

I, Charles Mason, a Judge of the district Court for the County and Territory aforesaid, do hereby certify that the foregoing deed from John and Elizabeth Smith to Isaiah Hill was this day produced to me by the first named parties and acknowledged by them to be their act and deed, and the said Elizabeth Smith, wife of the said John Smith, being examined by me privily and apart from her said husband, declared to me that she did freely and willingly seal and deliver the said deed and wished to retract it and acknowledged the said deed again shown and explained to her to be her act and deed for the purposes therein mentioned and consented that the same may be recorded in any of the recording offices of the state of Kentucky.  Given under my hand and seal this 21^st day of September 1846.

Charles Mason

Territory of Iowa, Jefferson County

I, John A. Pitzer, Clerk of the District Court within and for the County and Territory aforesaid, do hereby certify that Charles Mason, whose signature and seal appears to the foregoing certificate of acknowledgement from John Smith and wife to Isaiah Hill, now is and was at the date of said certificate acting Judge of the District Court of Jefferson County and Territory o Iowa, duly appointed and commissioned to act as such and that all his official acts as such are entitled to full faith and credit as well out as in this Territory or out or in Court.  In witness whereof I have hereunto set my name and affixed the seal of my Court at my office, this 21st day of September 1846.

John A. Pitzer, Clerk

The Commonwealth of Kentucky, Garrard County

I, Alex R. McKee, Clerk of the County Court for the County aforesaid, do certify that this deed from John Smith and wife to Isaiah Hill, was this day filed in my office for recording, whereupon the said deed, together with the certificates therein endorsed and this certificate hath been duly admitted to record in my office.  Given under my hand this 12^th day of July 1847.

Mr. A. R. McKee, Garrard County Court

However, in checking another Deed a few pages further in Deed Book Q we find an indenture dated February 8, 1847, we find the division of property of John Hill, Sr., who died in July of 1839.  I can’t say why it took eight years to divide John Sr.’s property, perhaps because several of his children were deceased by this date, and the multiple heirs made it difficult to divide the property.  By this deed Elizabeth Smith receives Tract No. 5, of eight tracts, containing 15.5 acres of land.  There were 31 heirs total –

1. Sally Hill, daughter of John Hill, Sr., married Fred Groomer.  The Sally Groomer in the deed could be the daughter, or granddaughter of John Hill, Sr.  Sally received 11 acres in Tract No. 1.
2. Betsy Hill, daughter of John Hill, Sr., married Jeremiah Layton.  Her children, Nancy Layton Turpin, Jerry Layton, Benjamin Layton and Polly Layton are given 11 acres in Tract No. 2.
3. John Hill, Jr., son of John Hill, Sr., was deceased by this time.  His children James Hill, Elizabeth Hill, Sally Hill, Nancy Hill and Wilmot Hill received 11 acres in Tract No. 3.
4. Thomas Hill, son of John Hill, Sr., married Hatty Reynolds and was deceased by this time.  His children Polly Hill, Andrew Hill and Malinda Hill received 11 acres in Tract No. 4.
5. Elizabeth Smith, daughter of Andrew Hill, granddaughter of John Hill, Sr., married John Smith, received 15.5 acres in Tract No. 5.
6. Jesse Hill, son of John Hill, Sr., was deceased by this time.  His children and grandchildren received 12.5 acres in Tract No. 6.  Children – Frederick Hill, John Hill, Isaiah Hill, Jesse Hill, Russell Hill and Matilda Hill Sagracy.  Children of deceased son Ephraim Hill were William Hill, James Hill, Elizabeth Hill, Jane Hill.  Child of deceased son Perry Hill was Sally Jane Hill.
7. Ephraim Hill, son of John Hill, Sr., received 12.5 acres in Tract No. 7.
8. Margaret Hill, daughter of John Hill, Sr., who married Francis Rigdon, was deceased by this time.  Her children Sally Rigdon, James Rigdon, William Rigdon, Savina Rigdon and Eliza Rigdon received 15.5 acres in Tract No. 8.

Garrard County Deed Book Q, Pages 79-81

Hill’s Heirs by consent to Hill’s Heirs

This Indenture made and entered into this 8^th February 1847 by and between Sally Groomer, Nancy Turpin, Jerry Layton, Jr., Benjamin Layton, Polly Layton, James Hill, Elizabeth Hill, Sally Hill, Nancy Hill, Wilmot Hill, Polly Hill, Andrew Hill, Malinda Hill, Elizabeth Smith, John Hill, Frederick Hill, Matilda Sagracy, and Henry Sagracy, her husband, Jesse Hill, Russell Hill, William Hill, James Hill, Elizabeth Hill, Jane Hill, Sally Jane Hill, Ephraim Hill, Sally Rigdon, James Rigdon, William Rigdon, Savina Rigdon and Eliza Rigdon, heirs and legal representatives of John Hill, Sr., deceased, by Alexander A. Jennings, their Commissioner:  Whereas the above mentioned heirs of John Hill, deceased, are entitled to by descent from their said ancestor to a certain tract of land in Garrard County on the waters of Scotts Fork containing about one hundred acres:  and whereas upon Bill filed in the Garrard Circuit Court and regular proceedings had thereon said Court at its Feb term 1846 ordered and decreed a partition of said land among the said heirs of said John Hill, Sr., deceased, according to the boundaries hereinafter set forth, which proceedings and decree are referred to as part hereof:  And whereas further said heirs were directed by sad decree to convey by deeds of release and quit claim to each other the part

to each respectively allotted and on their failure so to do said Commissioner above named to make said conveyance for them, and they having failed to make said conveyance as in said decree directed.  Now therefor this Indenture witnesseth that the said heirs of John Hill do by their said Commissioner jointly and severally convey, release and forever quit claim to each other, the part and parcel of land to them respectively allotted by said partition –

After this the above partitions are listed.  And the document continues –

Together with the edifices, buildings and improvements on the said described pieces of land and all and singular the privileges and appurtenances whatsoever, thereunto belonging or in anywise appertaining and the profits thereof.  And the said heirs of the said John Hill, Sr., deceased, by the then Commissioner aforesaid, do by these presents, respectively for themselves, their heirs, forever the parts and parcels of land above described and to each one allotted as above set forth with the appurtenances to have and to hold to said heirs, their portions and allotments as aforesaid to their own proper use and behoof forever in severally as his, her and them full part thereof.  In witness whereof the parties aforesaid, by their Commissioner, aforesaid have hereunto set their hands and seals this day and date above written.

All names signed by their Commissioner Alexander A. Jennings

State of Kentucky, Garrard County

I, Alexander R. McKee, Clerk of the county Court for the County aforesaid, do certify that this Deed of Partition from John Hill, Sr.’s Heirs by Alexander A. Jennings, their Commissioner, to John Hill Sr.’s heirs, was this day produced to me in my office by the said Grantor and acknowledged by the said Alexander A. Jennings, Commissioner, as aforesaid, to be his act and deed for the purpose therein mentioned.  Whereupon the said Deed, together with the foregoing certificates hath been duly admitted to record in my office.  Given under my hand this 25^th day of May 1847.

Alexander R. McKee, Clerk, Garrard County Court

Please let me know if you have more information on the heirs listed in the document.