Thomas Beary 811 3/4 acres

811 3/4 acres patented to Thomas Beary

Summary

811 3/4 acres was entered, surveyed and patented by Thomas Beary. It was in Madison County, Kentucky when it was surveyed in 1798, but it does not mention which waters it is on. Using other patents and deeds which mention this land we find that it is in Clay County, Kentucky on the waters of Red Bird Fork near here where Bear Creek and Laurel Branch flow into Red Bird Fork. Tax lists in 1808 and 1809 show Thomas Berry paying taxes on 400 acres on Red Bird in Clay County, and from 1811 to 1817 James Berry is paying taxes on 811 3/4 acres in Clay County on Red Bird. In 1816 James Berry sells the land to John Davidson & James Morris and warrants the deed against any claims by John Berry.

Old Kentucky Patent OK5689.0

Warrant
Land Office Treasury Warrant, No. 16,752 To the principal surveyor of any County within the Commonwealth of Virginia This shall be your WARRANT to survey and lay off in one or more Surveys for Thomas Beary his Heirs or Assigns, the Quantity of Eight Hundred Eleven & 3/4 Acres of Land, due unto the said Thomas Beary In consideration of the Sum of Twelve Hundred Ninety Six pounds __ current Money, paid in to the Public Treasury, the Payment whereof to the Treasurer hath been duly certified by the Auditors of Public Accounts, and their Certificate received into the Land Office. GIVEN under my Hand, and the Seal of the said Office, this 11th Day of June in the Year One Thousand Seven Hundred and 83. John Harris, Re.L.Off.

Back of Warrant
Thos. Beary 811 3/4 acres, March 26th 1790 Old Ky 5689

Survey
Madison Sct. Sept 29th 1798 Surveyed for Thomas Beary 811 3/4 acres of land. Entered the 26th day of March 1790 on a Treasury Warrant No. 16752 Beginning at Two white oaks, five Red oaks & a Dogwood, all marked W. on the point of a ridge at (A) Thence North 250 poles to a stake at (B) Thence West 288.6 poles to a stake at (C) Thence South 450 poles to a stake at (D) Thence East 288.6 poles to a stake at (E) Thence North 400 poles to the Beginning. Will Orear, D.S.MC, John Moss and David Woodrooff C.C., En. John Crooke SMC

back of Survey
T.Beary plat 811 3/4 acres, ExD Recorded and X, Recd 12 Feby 1805, 5689, Grant Issued 12th March 1806,The entry upon which the within survey was made bears date March 26th , 1790 J.Crooks SMc

Patent

Nearby Patents

500 acre patent of James French assignee of Ambrose Rucker Madison Sct. Sept 29th 1798 Surveyed for Ambrose Rucker 500 acres of land Entered the 26th day of March 1790 on a Treasury Warrant No.7632 Bounded as followeth (to wit) Beginning at Two white oaks, five Red Oaks and a Dogwood all marked W, Beginning corner to Thomas Bearys survey of 811 3/4 acres on the point of a ridge at (A) Thence North with his line 50 poles to a stake at (B) Thence East 320 poles to a stake at (C) Thence South 250 poles to a stake at (D) Thence West 320 poles to a stake corner to said Beary, Thence North with his line 200 poles to the Beginning John Moss and David Woodrooff Chain Carriers, Will Orear D.S.MC, Exd John Crooke SMC

2000 acres patented to James French surveyed for Isaac Rucker, assigned by Abner Rucker attorney for Isaac Rucker Deceased to James Frence, witnessed by James Rucker, this land begins at same place OK5798 above begins

Taxlists

1805 Berry Thomas 160 acres Madison County Muddy Creek entered by Robert Moore, surveyed and patented same, 1 white male above 21
same 400 acres Madison County Kentucky River,entered by Thomas Berry patented and surveyed same Berry James 1 white male > 21 1 horse 200 Tiger Cr ? - Henry Miller, Henry Miller, Henry Miller

1807 James Berry 200 acres, Montgomery County, wts Sandy, entered Henry Miller, surveyed same, patented Same, 1 white male

1808 Thomas Berry, 120 acres Muddy Cr, 1 white male, 2 horses
400 acres Clay County, Red Bird, entered by T Berry, surveyed sa

1809 Thomas Berry, 100 acres Madison County Muddy Cr, 1 white male, 1 Riding ?
400 acres, Clay County, Red Bird entered Thomas Berry, surveyed same

1811 James Berry Junr, 811 3/4 acres, Clay County, Red bird fork, entered ? French, surveyed Same, patented Thomas Berry, 1 white male, ? horses
200 acres, Montgomery County, Tripletts Creek, entered unknown, surveyed Michael Roker?, patented Same, 10 estate blacks, 85 horses

1812 Berry, James, 811 3/4 acres, Clay County, Red lick fork, entered by James French, surveyed same, patented by Thos. Berry, 1 white male, 1 horse
200 acres, Montgomery County, Triplett Creek, entered unknown, surveyed Thos. Stokes?, patented Same

1813 Berry James, 811 3/4 acres, Clay County, Redbird Creek, Entered French, Surveyed same, Patented Berry, 1 white male, 2 horses
200 acres, Montgomery County, entered by Triplett?, surveyed for Hacker, patented by Same

1814 Berry James 811 acres Madison county Redbird Entered to French, Surveyed to French, patented to Berry 1 man above 21, 1 horse

1815 James Berry, 811 acres, Clay County, Redbird, entered James French, surveyed Same, patented Thos Berry, 1 white male, $0,12,5 101. 37 1/2 1816 (missing 2 pages?)

1817 Garret Berry, Blacks 35 Company, 1 white male, 3 horses, 60.00
James Berry, Blacks 35 Company, 811 acres, Clay County, Red Bird, entered James French, surveyed Same, patented Tho Berry, 1 white male, 1 horse, 12 1/2, 112.00
500 acres Madison County, Muddy Cr, entered D. Gass, surveyed same, patented same, $3.50
This shows the patent for the 500 acres, and a map showing its location.

1820 Garrard Berry, White Company, 1 white male, 4 horses, 110.00
James Berry, White Company, 811 acres, Clay County, Red Bird, entered James French, surveyed Same, patented Same, 1 white male, 1 horse, 1, 861.00

Deeds

Deed Book A 157 Clay County, Kentucky
James French to John Davidson This indenture made this 26th day of
October in the year of our Lord 1814 between James French of the
County of Montgomery and State Kentucky of the one part and John
Davidson of the County of Clay and State aforesaid Witnesseth that the
aforesaid James French for  and in consideration of the sum of
one dollar to him in hand paid hath granted bargained and
sold by way of quit claim and by these presents doth grant
bargain and sell by way of quit claim unto the said John
Davidson his heirs and assigns  forever all the estate right
and title of him the aforesaid James French to a certain parcel
of land containing 140 acres be the same more or less on
which the said Davidson now lives situate in the said County
of Clay, on both sides of the Red Bird fork being part of a tract
of 500 acres granted to the aforesaid James French assignee 
of Ambrose Rucker by patent bearing date the third day 
of June 1806, and the parcel hereby conveyed is bounded as
followeth (to wit). Beginning at two white oaks, dogwood
and five red oaks all marked "W" one of the red oaks now 
fallen, the beginning corner of the original survey
and of Thomas Bearys survey, Thence North with Beary's line
50 poles to the Red Bird fork, Thence East 120 poles crossing
Red Bird to a stake in the line of the original survey.
Thence South 188 poles to a stake, Thence West 120 poles
to a chesnut two black oaks one marked I.D. and 
white oak in the line of original survey and of Thomas
Beary, Thence with said original line North crossing 
Red Bird fork  138 poles to the beginning. To have and
to hold the parcel of land aforesaid with its appurtenances
unto the said John Davidson his heirs and assigns
forever and the aforesaid James French doth by
these presents warrant and will forever defend
the parcel of land aforesaid with its appurtenances
unto the said John Davidson his heirs and 
assigns forever against himself the aforesaid
James French and his heirs and from all persons
claiming the same under him but from nor
against no other persons or claims whatever
and the said John Davidson hereby declares
himself fully satisfied and content with the title
of the aforesaid James French as aforesaid at all
Deed Book A 158 Clay County, Kentucky
chances and by way of quit claim and hereby releases
the aforesaid James French and his heirs from
all demand forever on account of the parcel of 
land aforesaid should the same be lost or
taken away by any other person or claim
whatsoever. In witness whereof the aforesaid
James French hath hereunto set his hand
affixed his seal the day and year first above
written. Reacknowledged Sept  26th 1815

Samuel Wood                     James French {seal}
William Morris

             Keziah French  {seal}

Thomas x Marcum 
George Robertson }   Witnesses to the reacknowledgment     
John Gibson
Thomas Marcum
Jonathan Wilson

December the 11th 1815
   I certify that this indenture from
James French and wife to John Davidson was verified by
the oaths of Samuel Wood and William Morris
two of the subscribing witness to be the act
and deed the hand and seal of the said
James French which is recorded &c
on the 5th January 1816
                      A. Baker

Deed Book A 179 Clay County, Kentucky
James Berry 
to } deed                      } indenture
John Davidson & James Morris 

  This indenture made and entered into on the 22nd  day of
October 1816_ between James Berry of the County of Madison and State
of Kentucky of the one part and John Davidson & James Morris of the
other part. Witnesseth that for and in consideration of Sixty dollars
in hand paid to the said James Berry by the said John Davidson
and James Morris, the receipt whereof is hereby acknowledged, ?
the said James Berry hath and doth by these presents bargain,
sell, grant, alien, and confirm eight hundred eleven and three
fourths acres of land lying and being in the County of Clay
Situate on the waters of the Red Bird fork of the Kentucky River
and bounded as follows (to wit) Beginning at two white oaks
five red oaks and a dogwood all marked "W" on the point of a
ridge Thence North 250 poles to a stake, Thence West 288 & six tenth poles
to a stake, Thence South 450 poles to a stake, Thence East 288 & six tenth poles
to a stake, Thence North 200 poles to the beginning. To have and to hold
the aforesaid tract or parcel of land with its appurtenances to the 
said John Davidson & James Morris, their heirs, executors,
administrators, and assigns forever _ and the said James
Berry for himself and heirs doth warrant and defend the
title of said tract or parcel of land from any claims that may
be set up by John Berry and his heirs and from the said
James Berry and his heirs and from  all and every
persons claiming under them or either but not from
the claims of any other persons. In Testimony
whereof I have hereto set my hand and seal this day and date
first above written. 
                        James Berry {seal}

Clay County Sct
    I hereby certify that this indenture was
acknowledged before me on the 22nd day of October 1816
by James Berry to be his hand and seal, his act and deed
Which is duly recorded in Book "A" page 179 & ?
In testimony whereof I Abner Baker Clerk of The
County Court of Clay has hereto subscribed my name
the 26th day of December 1816.
                            A. Baker
Deed Book A 198 Clay County, Kentucky
Deed Book A 199 Clay County, Kentucky
John Gibson to James Morris, 14 January, 1817, quit claim of 50 acres, part of tract of 2000 acres patented to James French 3rd of June 1806 and conveyed to John Gibson 26th of September 1815, adjoins the line of Berry.

Deed Book A 184 Clay County, Kentucky
Deed Book A 184 bottom Clay County, Kentucky
Deed Book A 185 Clay County, Kentucky James Morris to John Davidson, 4th of August 1820, Morris sells Davidson his part of the land they bought from James Berry in A 179 above.
Extracted here

Abstracts of other quit claims of James French for other parts of this 2000 acres can be found here and here. In particular the following one gives an actual real reference point that can be used to locate the land.
26 Sep 1815
James French and Keziah his wife
TO
Jonathan Wilson of  Clay co
Tr: In consideration of $1 conveyance and quit claim to a tract of land in
Clay co where Jonathan Wilson now lives containing 100 A (being part of a tract of
2000 A granted James French by Patent 3 June 1806), and bounded by Thomas Marcum's corner on Red Bird fork including the Island  to the mouth of Laurel branch
Thence to the beginning to the tract of 2000 A to the mouth of Bear Creek.
Wt:  George Roberson, Thomas Marcum, John Gibson
Clerk: Abner Baker who recorded the deed 11 June 1816.
This Google Map shows where Bear Creek and Laurel Branch flow into Red Bird Fork.

449 1/2 acres patented to Humphrey Baker

Old Kentucky Patent OK5742.0
Warrant
back of Warrant
Survey
back of Survey
Patent Page 1
Patent Page 2

1808 Humphrey Baker 142 acres on Muddy Creek entered by ? Shirley surveyed for Shurley 1male over 21
224 3/4 acres Clay County Red Bird entered for H Baker survey same

1809 Baker Humphrey 249 acres Clay County Red Bird Entered and surveyed to H. Baker 1male over 21 2 horses
146 acres Madison Muddy Cr Entered for Mich. Shurley, surveyd for Chs Shurley

1811 no Humphrey Baker in Madison Co tax list

1812 no Humphrey Baker in Madison Co tax list

We can't find any record for the sale of this 449 1/2 acres
Humphrey Baker moved to Greenup County and had a child born there in 1811.

Other stuff about Red Bird Fork

Here are some interesting rumours of silver on Red Bird Fork in Clay County Kentucky

Nice history of Marcums on Red Bird fork