Synopsis
Printed abstract, entry no. 375 from a published deed-abstract book, citing deed book page 72. On 25 March 1809 Sheriff John Hays conveyed Ezekiel Able's land to Morgan Byrne for $32: 790 acres on the west side of White Water, adjoining Reason Baily, "and being where James L. FORTENBERRY now resides." It was sold on 24 March 1809 on a writ of execution issued on 13 December 1808 by the CCP (Court of Common Pleas), on a judgment for Edward F. Bond against Able for $93.12 and 5 mills in damages "by reason of nonperformance of certain promises." It was signed John Hays, Sheriff, and witnessed by John Scott, F. M. Henry, and Joseph W. McFerron, Clerk, CCP. It was recorded 26 March 1809. This places James L. Fortenberry living on Able's land on the White Water River (Cape Girardeau district, Missouri, then in Louisiana Territory) by March 1809. Five weeks later, on 1 May 1809, the Ables bonded him a separate 300-acre tract. Note that the post's date (1755) does not match the document (1809). Possibly the 1809 Able bond was meant to give James a new home after this sheriff's sale, but that is not yet confirmed.
Ezekiel Able’s 790 acres on the west side of White Water, next to Reason Baily and “whereon James L. Fortenberry now resides,” were seized by Sheriff John Hays to satisfy Edward F. Bond’s December 1808 judgment of $93.12 and 5 mills in the Cape Girardeau Court of Common Pleas. The land was sold at auction on 24 March 1809 to Morgan Byrne for $32; the sheriff’s deed is dated 25 March and was recorded 26 March 1809 (Deed Book C, pages 72–74; printed abstract no. 375). This post combines the original printed-abstract post with the full deed-book pages. It places James Leath Fortenberry on Able’s land by March 1809, five weeks before the Ables bonded him a 300-acre tract of his own.
Original post
Ezekiel Able owes $93.12 and 5 mills to Edward Bond, and his 790 acres has been sold for $32 to pay toward the debt. James Leath is living on Able’s land at the time.
Transcription of the printed abstract
Transcribed from the image in this post. Spellings are kept as in the original. [?] marks an uncertain reading, and words in brackets are editorial notes.
375. Page 72. 25 Mar 1809. Ezekiel ABLE by Sheriff John HAYS to Morgan BYRNE. For the sum of $32, 790 acres on the W side of White Water, adjoining Reason BAILY and being where James L. FORTENBERRY now resides. Sold on 24 Mar 1809 on a writ of execution issued on 13 Dec 1808 by CCP on judgment in favor of Edward F. BOND against sd ABLE for $93.12 and 5 mills for damages by reason of nonperformance of certain promises. Signed John HAYS, Sheriff. Test John SCOTT, F. M. HENRY, Joseph W. McFERRON, Clerk, CCP. Rec 26 Mar 1809.
Full record and images (from post 1942)
In December 1808, Edward F. Bond won a judgment of $93.12 and 5 mills against Ezekiel Able in the Cape Girardeau Court of Common Pleas, Territory of Louisiana. To collect it, Sheriff John Hays seized Able’s 790-acre tract on the west side of White Water, next to Reason Baily’s land, “whereon James L. Fortenberry now resides,” and on March 24, 1809, sold it at auction to Morgan Byrne for $32. The deed was acknowledged in open court and recorded on March 26, 1809. It places James Leath Fortenberry on this land in early 1809, five weeks before the Ables gave him their own title bond.
Source files: 1809 3 25 Able loses land pg 1–3.jpg (Cape Girardeau Deed Book C, pp. 72–74); typed abstract 1809 3-25 Page 27 Where JL Fortenberry resides.jpg (abstract no. 375)
Transcription
Spelling, capitalization, and punctuation follow the original. [illegible] marks unreadable text, and [?] marks an uncertain reading. Records on the same pages that are not about the Fortenberry family are labeled.
[End of the preceding record (Andrew Ramsey Sr. to Enoch Evans, abstract no. 374), not about the Fortenberry family:]
before me George Henderson a Justice of the Peace for the Township of Byrd District of Cape Girardeau the above named Andrew Ramsey and acknowledged the above and within Deed as his own act and deed for the Purpose therein mentioned — Given under my hand and seal the date and year above written
Geo. Henderson J.P. (Seal)
District of Cape Girardeau ss
Received and Recorded in the Recorders Office in and for the District of Cape Girardeau the 24 day of March 1809 — in Book C pages 71 & 72 Given under my hand and seal (there being no seal of Office)
Geo. Henderson Recorder (Seal)
Sheriff’s deed: Ezekiel Able (by Sheriff John Hays) to Morgan Byrne
To all people To whom these presents shall come I John Hays high Sheriff of the District of Cape Girardeau in the Territory of Louisiana Send Greeting —
Whereas by a writ of Execution to me directed in this form (to wit) Territory of Louisiana District of Cape Girardeau ss
The United States of America to the Sheriff of the District of Cape Girardeau Greeting Whereas Edward F. Bond at our Court of common Pleas before our Judges at Cape Girardeau hath recovered against Ezekiel Able the sum of ninety three dollars twelve cents and five Mills for damages as well by reason of the non performance of certain promises and assumtions lately made by the said Ezekiel Able to the said Edward F. Bond as for his costs in that suit expended as appears to us of record These are therefore to command you that of the goods and Chattels Lands and Tenements of the said Ezekiel Able you cause to be made the aforesaid damages and Costs and that you have the same before the Judges of our said Court on the third monday of March next to render to the said Edward F. Bond the damages aforesaid and for want of sufficient Goods and Chattels Lands and Tenements whereon to levy and make the same We command you that you take the said Ezekiel Able if he be found in your Bailiwick and him safely keep so that you have his body before the same Judges on the said third Monday in March next to satisfy the said Edward of the aforesaid damages and Costs —
and that you certify to our Judges how you Execute this writ and have you then there this writ — Witness John Byrd presiding Judge of our said Court at Cape Girardeau the thirteenth day of December in the year of our Lord one Thousand Eight Hundred and Eight and of our Independence XXXIII (signed) Joseph McFerron Clerk
In pursuance whereof I the said Sheriff seized and took in Execution a Tract of Land said to contain Seven Hundred and ninety acres situate in the District aforesaid on the West side of White Water adjoining Lands of Reason Baily whereon James L. Fortenberry now resides taken in Execution as the property of the said Ezekiel Able and having given due and timely notice of the time and place of sale did on friday the Twenty fourth day of March in the year of our Lord one Thousand Eight Hundred and nine expose the premises aforesaid to sale by public Vendue or out cry and sold the same to Morgan Byrne of the District of Cape Girardeau for the sum of Thirty two dollars he being the highest bidder and that the best price bidden for the same
Now Know Ye that I the said Sheriff for and in consideration of the aforesaid sum of Thirty two dollars to me in hand paid by the said Morgan Byrne at and before the Ensealing and delivery hereof the Receipt whereof is hereby acknowledged have Granted Bargained and Sold and by these presents by force and virtue of the said writ do grant Bargain and Sell unto the said Morgan Byrne his Heirs and Assigns all that the said Tract of Land together with all and singular the buildings Improvements rights Members and appurtenances whatsoever thereunto belonging or in any wise appertaining and also all the Estate right Title Claim Interest property or demand whatsoever of him the said Ezekiel Able of, in to or, out of the same to have and to hold the said tract of Land Hereditaments and premises hereby granted or Mentioned or Intended so to be with the appurtenances unto the said Morgan Byrne his Heirs and Assigns to his and their only proper use and behoof forever of such Estate and under such rents and conditions as the said Ezekiel Able had and held the same at and Immediately before the taking thereof in Execution according to the form and Effect of the Laws and Usages of this Territory in that case made and provided — In witness whereof I the said Sheriff have hereunto set my hand and Seal —
this Twenty fifth day of March in the year of our Lord one Thousand Eight Hundred and nine and of our Independence the Thirty Third
Test: John Scott, F. McHenry [F. M. Henry in the abstract]
John Hays Shff (Seal)
Territory of Louisiana } ss
District of Cape Girardeau }
In the court of common Pleas March term 1809 John Hays Sheriff of the District comes and acknowledges the above deed by him duly executed and given to Morgan Byrne done in open Court —
In Testimony whereof I Joseph McFerron Clerk of the Court of Common Pleas in and for the District of Cape Girardeau have hereunto subscribed my name and affixed the seal of the said court the twenty fifth day of March in the year of our Lord one thousand eight hundred and nine and of the Independence of the United States of America XXXIII
(Seal of the court) Joseph McFerron Clerk
District of Cape Girardeau ss
Received and Recorded in the Recorders office in and for the District of Cape Girardeau the twenty sixth day of March in the year of our Lord one thousand Eight hundred and nine in Book C pages 72–73 and 74 Given under my hand and seal (there being no seal of Office) Geo. Henderson Recorder (Seal)
[Start of the next record, not about the Fortenberry family: Sheriff John Hays’s deed of James Ramsey’s land to Andrew Ramsey Jr. (abstract no. 376). It continues on page 75, which is not in this collection.]
To all People To whom these presents shall come I John Hays high Sheriff of the District of Cape Girardeau in the Territory of Louisiana Send Greeting
Whereas by a writ of Execution to me directed in this form (To wit) Territory of Louisiana District of Cape Girardeau ss
The United States of America to the Sheriff of the District of Cape Girardeau Greeting Whereas James Brady surviving partner of Thos. W. Waters and ex assignee of Robert Hall surviving partner of Waters & Hall at our Court of Common Pleas before our Judges at Cape Girardeau hath recovered against James Ramsey the sum of one Hundred and Twenty Eight dollars sixty six and two thirds of a cent for debt and also the sum [repeated words struck through] of thirty nine dollars and fourteen cents which to the said James Brady were adjudged for his damages as well by reason of detaining the said debt as for his costs in [that] …
The other entries on this abstract page concern other families. The Fortenberry entry is transcribed here.
375. Page 72. 25 Mar 1809. Ezekiel ABLE by Sheriff John HAYS to Morgan BYRNE. For the sum of $32, 790 acres on the W side of White Water, adjoining Reason BAILY and being where James L. FORTENBERRY now resides. Sold on 24 Mar 1809 on a writ of execution issued on 13 Dec 1808 by CCP on judgment in favor of Edward F. BOND against sd ABLE for $93.12 and 5 mills for damages by reason of nonperformance of certain promises. Signed John HAYS, Sheriff. Test John SCOTT, F. M. HENRY, Joseph W. McFERRON, Clerk, CCP. Rec 26 Mar 1809.