M-023: Henry Clay Letters

Henry Clay Indenture
This document appears to be a draft legal document or indenture written by Henry Clay in his role as executor of the estate of Mr. Thomas Hart deceased. As executor he has apparently sold a parcel of Mr. Hart’s land holdings to a Mr. Hezekiah Shulds for seventy five dollars. An indenture is a legal contract reflecting a debt or purchase obligation, specifically referring to two types of practices: in historical usage, an indentured servant status, and in modern usage and the case here, an instrument used for commercial debt or real estate transaction., The Indenture made this 19th day of December, 1829 between Henry Clay serving executor of Thomas Hart Sen(ior?) deceased of the one part, being of the County of Fayette, and Hezekiah Shulds of the County of Fleming of the other part. Witnesseth? that for and consideration of the sum of twenty five dollars to the said Clay paid, the receipt where of he doth hereby acknowledge, and in value of the last will and testament of the said Hart, the said Clay Both parted? bargained and sold unto the said Hezekiah Shulds the following _____? or parcel of land containing Seventy five acres lying and being in the County of Fleming, and bounded as following, to wit: Beginning at a blue ____? and sugar tree, corner of Joseph F. Farrow’s tract, then south 97 poles to a white oak and dogwood, hence East 123 poles and seven tenths of a pole, to a red oak in the line of the north and east lots of Mosby’s survey of three thousand acres on Fox Creek, thence West 123 poles and seven tenths of a pole to the beginning which said tract is part of the survey of Mosby, with the appearances? To have and to hold the said tract of land with the appentices?, to the said Shulds his heirs and assigns for ever: and the said Clay doth covenant and agree to and with the said Shulds that he will, to the extent of the Estate of the said Hart in his hands to be administraed? warrant and defend the right and title of the said land against any person claiming by this or under the said Hart of Clay: and that if it should be lost by any other better or superior claim, he will repay to the said Shulds his heirs or assigns the said sum of seventy five dollars, without interest, as a proportion there of equal to the land that may be lost. In testimony where of the said Clay hath his unto set his hand and seal the day and year first mentioned. Signed sealed and Delivered In presence of _____ H. Clay surviving Exec of the Hart Ten?