Johnston-Cain Deed


Submitted by: Patricia Sexton


Deed of real property for James and Grace CAIN - Carter Co., KY


This INDENTURE made and entered into on this 25th , day of January 1926, by and between Earnest Johnston and Hattie Johnston, his wife, of Carter County, Kentucky hereinafter called first parties, and Grace Cain and James Cain, her husband, of the same County and State, hereinafter called second parties.


Witnesseth, That for and in consideration of the sum of Fourteen Hundred ($1400.00) Dollars paid and to be paid as follows, One Thousand ($1000.00) Dollars cash in hand paid, the receipt of which is hereby acknowledged, and the balance of Four Hundred ($400.00) Dollars represented by second parties four promissory notes in the sum of One Hundred ($100.00) Dollars each, bearing date of August 15th, 1925, executed on that date in pursuance of a certain sale contract of that date for the land hereinafter described, due and payable in one, two, three and four years from date, respectively, and to secure the payment of said notes and all interest that may accrue thereon, a lien is herein retained against the land hereby conveyed, and it is further agreed that in the event of failure of second parties to pay either of said notes at its maturity, or the installment of interest thereon when due, then and in that event first parties shall have the privilege of declaring all of said notes due and payable; said first parties have bargained and sold, and do, by these presents, sell, alien and convey unto the second parties, their heirs and assigns all that certain tract or parcel of land situated on the waters of Canoe Branch, a tributary to Little Fork of Little Sandy River, in Carter County Kentucky and more particularly described as follows.


Beginning at a beech standing near the banks of Canoe Branch; thence S  86 1/2  E 36 1/2 poles to the top of the hill to a small hickory; N 45  E 14 1/2 poles to a spotted oak N 77  E 16 1/2 poles to a white oak; N 88 1/2  E 10 poles to a small white oak; N 50  E 28 poles to within 1/2 rod of a spotted oak; S 22  E 18 poles to a black oak; N 18 1/2  E 14 poles to a spotted oak; N 40 E 22 poles to an old ore bank; N 68  E 30 poles to a small hickory; S 72 1/2  E 15 1/2 poles S 62 1/2  E 14 1/2 poles to a corner of the fence; N 59 E 19 poles to an old cannel coal mine and two small pines S 4  E 9 1/2 poles to a black oak; thence down the hill with an old road, N 52 1/2  W 10 poles to an old ore bank; N 67 1/2  W 12 poles; thence with fence, N 47  W 14 poles to the foot of the hill; N 85 1/2  W 16 poles to a white oak S 54  W 7 1/2 poles to a white oak; S 84  W 37 poles to the branch S 69  W 56 poles to a stump; S 28  W 20 poles to a road, S 47 W 20 poles to corner of a garden; S 31  W 46 poles to a willow; S 6 W 20 1/2 poles to the beginning, containing

60 3/4 acres; and being a part of the same land conveyed to the first parties herein by W.D. Gee, comm. of the Carter Circuit Court, by deed bearing date of 16th, 1926, and of record in Volume 44, page 343, Deed Records of Carter County Kentucky, and being the Second Tract described in said deed.


There is also conveyed by this instrument to the second parties, their heirs and assigns, a right of way from the land above described to the road leading from Grayson to Hitchins, across the third tract of land described in the deed from W.D. Gee, Commissioner, to the first parties herein above referred to, the same to be over the roadway as now established across said tract of land, beginning at said Grayson-Hitchins road in front of William Crawford's barn, and running in an Easterly direction to the tract of land herein conveyed.


To have and to hold the above described land and premises, together with all the appurtenances thereunto belonging unto the said second parties, their heirs assigns forever, with covenants of General Warranty.


In Testimony Whereof we, the first parties have hereunto subscribed our names the day and year first above written.

Ernest Johnston

Hattie Johnston


State of Kentucky,

County of Carter / Sct.

I, Arthur Gee, a Notary Public within and for the County and State aforesaid, hereby certify that on this day the foregoing deed of conveyance from Earnest Johnston and Hattie Johnston to Grace Cain and James Cain, her husband was produced to me in said County by the said Earnest Johnston and Hattie Johnston, his wife, parties thereto, and was by each of them acknowledged to be their free act and deed for the purposes and consideration therein stated.

Witness my hand this 25 day of Jan 1926.

My commission expires Oct 25, 1927,Arthur Gee N.P.C.C. Ky



State of Kentucky,

County of Carter / Sct.

I, Major M. Mabry, Clerk of the Carter County Court, certify that this the foregoing deed from Earnest Johnston and Hattie Johnston to Grace Cain and James Cain, her husband was on the 21st, day of May 1926, at 5:30 P.M. lodged in my office for record, and the same, together with this and the foregoing certificate have been duly recorded in my office.

Witness my hand this the 22nd, day of May 1926.


(Revenue Stamp $1.50)

                                        Major M. Mabry, Clerk

                                       By Ruby Littleton, D.C.


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