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David Booher
Mineral Rights
Booher David Minerals.pdf
Book A pgs 255-256
This Indenture made this thirty first day of January 1865 between G.M.
Hurst I.A. Brents & E of the second party and David Booher of the first
??????? That the part of the first part hereby lease to the part of the
second part the following premises to ???: all that hast a parcel of
land which he bought of G.L. Shelley lying cause being in Clinton County
and State of Kentucky on Ill Will Creek, decrutaining one heir Red
Acres. For the place of ninety-nine years and covenants to keep the
tenants in quiet possessions of the premises during said turn.
It is hereby agreed ???????? Said parties, that the parties of the
second part shall have the sole and exclusive right to lose, ???????,
mine, and dig for oil salt, waters, coal, iron, or other minerals, and
the exclusive right to the use and benefit of all of said oil, minerals
that may be upon or under said land for the turn of years above
specified.
In consideration whereof these parties of the second part bind
themselves to give to the party of the first part one truth part of all
the oil, salt, or other products obtained from said land to be detuned
by the parties, of the second part of the party of the first part in
markable condition upon the premises in good and sufficient barrels,
which shall be furnished by the party of the first part. It is agreed
that the parties of the second part commence searching for oil and other
minerals within ten years. It is agreed that the parties of the second
part fail to obtain oil as other products, and shall abandon these
premises, as upon the expiration of the turn for which this lease is
given, they shall be at liberty to ?????? all tools, chambers, engine or
engines, and machinery they may have placed upon said land.
It is agreed that the party of the first part shall give to the party of
the second part time ???? ???? Fourth to each the necessary buildings on
said land, if said timbers can be got upon said land.
It is agreed that the parties of the second part shall have the right of
way to and from said premises; over any other land, or water course,
owned or possessed by the party of the first part and the right to make
all roads necessary to get the product of said to market in the cheapest
and bet manner.
It is further agreed that the parties of the second part may, at any
time or times hereafter, during the terms hereby granted, lease as under
all or any part of said premises, or the whole or any part of said term
of may be assigned or transferred to any person or persons whomsoever.
In testimony, whereof, we have affixed our signatures the day and year
above written.
Witness David X (his mark) Booher
Jas. M. Bristow J.A. Bristow
G.W. Hirsh
E.H. Hobson
By Hirsh
Kentucky Clinton County Sel
I W.W. Page Deputy Clerk of Clinton County Court certify that on the
25th day September 1865 the foregoing lease from David Booher to I.A.
Brents and others was produced to me in my office profusely acknowledged
before J.M. Briston Clerk of the Clinton County Court and proven by said
Briston subsisting ?????? ?????? to be their act and deed and in having
been duly stamped as ?????? by law I have duly recorded the same in my
office together with this certificate.
Given under my hand as deputy clerk ????????? this 26th day of September
1865.
Aeopy Atten W.W. Page DC
From J.M. Bristow Clerk
Event: Property 25 July 1873
Kentucky, Clinton, Albany
For and in consideration of the sum of
four hundred dollars ($400.00) in hand paid the receipt of which is
hereby acknowledged I have this day bargained and sold and do by there
presents bargain sell and convey unto Emery Parrigin and W. H. Parrigin
a certain tract and parcel of land lying and being in Clinton County and
state of Kentucky on the waters of Illwill Creek and bounded as follows
: Beginning at a stake in the branch on the old line thence running up
the branch with its meanders to a buckeye and above the old mill site
thence due east to a state on the old line, thence with the old line to
a large white oak now fallen down, thence S32 W 67 poles to an elm and
thence N61W61 poles to a white oak at the road, Thence N66W26 poles to a
sassafras and thence N75W60 poles to a stake in the branch. Thence N47
to a Spanish oak thence with L. S. Shelley;s line to the beginning
containing one hundred acres to be the same more or less to have and to
hold unto them the said Emery and W. H. Parrigin forementioned. It is
hereby agreed that Henry Parrigin and Elizabeth Parrigin father and
mother of said Emery and W. h. Parrigin have the right to live and use
enjoy and continue said lands during their natural lives. Said land is
not to be sold nor made subject to the debits of said Henry and
Elizabeth which may have been heretofore and henceafter. In witness
whereof I hereto together with Margaret Jane Booher my wife who also
joins in this sale and conveyance herein hereby relinquishing her right
to dower in said land set our hands and seals this 28th day of July,
1873.
David Booher (his mark)
Margaret Jane Booher (her mark)
Census: 1860 Kentucky, Clinton
County
Note: BOOHER, David, 24 m,
farmer, VA; Margaret J., 28 f, housework, KY; Martin D., 5/12 m, KY;
Census: 1870 Kentucky, Clinton
County
Note:
(page 304, District #4, Clinton County,
KY, same page James Turner Smith is found on) age 34 and wife Peggy, and
six children
BOOHER, David, 34, m w, farmer, VA; Peggy J, 40, f w, KY; Martin D, 10,
m w, KY; Margaret E, 9, f w, KY; Mary E, 6, f w, KY; Rebecca J, 5, f w,
KY; Sarah A, 5, 3, f w, KY; Nancy A, 1, f w, KY
Census: 1880 Kentucky, Clinton
County
Note: Booher, David, w, m, 44,
farmer, VA, TN, TN; Margaret J., w, f, 50; Margaret E., 18, dau. KY; Mary
E., 16, dau.; Rebecca J., 14, dau.; Sarah A., 12, dau.; Nancy A., 10, dau.;
William G., 8, son; Samuel G., 5, son.
Event: Land 5 September 1884
Kentucky, Clinton, Ill Will Creek
Note:
Enunciated and Delivered to D.W. Booher September 5th 1884.
This indenture made and entered into this January 21st 1884 between
Jonathan Smith and M.E. Smith wife of the Said Jonathan Smith of the
county of Clinton and state of Kentucky of the one part and D.W Booher
of the county of Cumberland and state ?????? of the other part
witnesseth that for and in consideration of two hundred and ten dollars
one hundred dollars in hand paid and the remainder in two equal payments
of $55 each one due April 1st 1885 one due April 1st 1886 each bearing
interest from date and of even date of this deed. The said Smiths have
this day sold and conveyed unto said Booher a certain tract of land of
the waters of Illwill creek in Clinton County KY known as the land that
the Said Smith bought of W. Petty November 8th 1882 and bounded as
follows beginning on a rock on the road leading from Albany to
Burkesville on the line which divides the lands of J.H. Wright & J.A
Vincent thence S 77 W 34 poles to a rock thence S 50 W 24 poles. Thence
S 18 W 96 poles to a Buckeye thence with a conditional line between D
Booher and L.S. Shelley to a buck in the fork of a branch thence up the
branch to the original line between J.H. Wright and J.A. Vincent thence
north poles to a red bud and sugar tree thence N 20 W 18 to a hickory
thence N 16 W 28 to a white oak thence N 3 E 39 poles to a rock at the
big road the beginning containing seventy acres be the same none or less
to have and to hold the above described land free from the claims or
claim of any and all persons whomsoever and the Said Jonathan Smith and
M.E. Smith do bind themselves to forever warrant and defend the title to
said land to him the said Booher his heirs or assigns for even by
written under our hands this day and date above written.
Attest Jonathan Smith
C.L. Holsapple M.E. Smith
State of Kentucky
County of Clinton
I, C.B. Parrigin Clerk of the Clinton County Court certify that the
foregoing deed of conveyance from Jonathan Smith and M.E. Smith his wife
to D.W. Booher was legally acknowledged before C.L. Holsapple my lawful
deputy by Jonathan Smith and M.E. Smith in ?????? examination as appears
from his endorsement thereon which is in these words figures ??????
acknowledged by Jonathan and M.E. Smith before me on a private
examination January 21st 1884.
C.L. Holsapple D.C
And the same being on this day was legally ledged in my office for
record therefore I have duly recorded the same together with this
certificate in my office. Given under my hand this September 5th 1884.
C.B. Parrigin Clerk
By B.L. Leslie D.C.
Event: Land 8 September 1884
Kentucky, Clinton, Ill Will Creek
David Booher
Jonathan Smith
Real Estate
Book G pgs 113-115
Examined and Delivered to D.W Booher September 8th 1884.
For and in consideration of the sum of two hundred and twenty five
dollars in hand paid the receipt of which is here fully acknowledged. I
hereby sell and convey unto Jonathan Smith a certain tract or parcel of
land lying and being in Clinton County Ky on the waters if Illwill creek
and bounded as follows from Albany to Burkesville on the line which
formerly divided the lands of J.H Wright and J.A. Vincent now owned by
L.S Shelley Whence S 77 W 34 poles to a rock East of white oak stump
whence S 60 W 24 poles to a rock 1 pole West of a marked mulberry thence
S 8 W 90 poles to a buckeye on the north side of the branch thence with
a conditional line between David Booher and L.S. Shelley to a beech in
the fork of a branch thence up the branch to original line between J.H.
Wright and J.A. Vincent thence north poles to a red beed and sugar trio
thence north 20 West 28 poles to a white oak thence north 3 East 39 to a
rock at the Burkesville & Albany road the place of beginning containing
acres be the same more or less to have and to hold the land hereby
conveyed against the claims of any and all persons whatever and I hereby
warrant and will forever defend the right and title in and to the land
hereby conveyed Susannah Petty wife of William Petty hereby gives in
this sale and conveyance and relinquishes her right to Dower and I waive
her right to a homestead in and to the land hereby conveyed I witnesseth
our hand this 8th Nov 1882.
William Petty
Susannah X - her mark Petty
State of Kentucky
County of Clinton } Set
I C.B. Parrigin Clerk of the Clinton County Court certify that the
foregoing deed of conveyance from William Petty to Jonathan Smith was on
the 8th day of November 1882 legally acknowledged before me by William
Petty to be his act and deed and unto the same was legally acknowledged
before by S.W. Burchett my lawful deputy by Susannah Petty as appears
from his indorsement thereon which is in my word and figures as follows
???? 1882 Nov 8th acknowledged before me by Susannah Petty.
S.W Burchett D.C.
By C.B. Parrisin Clerk
And the same being in this day legally ledged in my office for record
therefore I have duly recorded the same together with this certificate
in my office. Given under my hand this September 6th 1884.
C.B. Parrigin ClerkKENTUCKY TOWN, TEXAS. Kentucky Town was
eighteen miles from Sherman in
eastern Grayson County. Though the area was sparsely settled as early as
1837, a community did not begin to develop there until 1849, when the
first
substantial group of settlers, traveling in a wagon train from Kentucky,
arrived. Others soon followed, and by the end of 1850 two stores and a
mill,
one of the first in Grayson County, had been established. On January 8,
1852
Dr. Josiah L. Heiston purchased land from Enoch Jonesqv and laid out a
town
which he called Ann Eliza after his daughter. Because the town was
populated primarily by settlers from Kentucky, it was soon referred to
by
such names as the Kentuckians' Town. By June 1854, when the first post
office was established, the official designation was Kentucky Town. The
first postmaster, Jacob Alfred Drye, also owned one of the first stores
in
Kentucky Town. The community, on stage and freight lines from Shreveport
and
Jefferson westward, grew rapidly. Charles DeMorse,qv editor of the
Clarksville Standard,qv chronicled the speedy development of the town in
an
1855 news report. According to DeMorse, only two residences had been in
Kentucky Town when he had visited there three years earlier. In 1855,
however, the town had two schools, a church, a lodge, a lawyer, and
three
doctors, and he credited the town with a precinct vote of 200. Kentucky
Town
continued to thrive throughout the 1850s. At one time as many as twenty
businesses, including three saloons and two hotels, were located there.
The
Civil War years, however, brought a different type of excitement:
William
Clarke Quantrill and his guerillas frequented the area around Kentucky
Town
and wintered there at least once. The population of Kentucky Town began
a
steady decline during the 1870s, when the Texas and Pacific Railway
passed
to the north of the community, and the Missouri, Kansas and Texas line
brought the Whitewright community into existence three miles to the
east. By
1883 Jonathan Sewell's general store, which also housed the post office,
was
the sole business left in Kentucky Town. In 1924 the post office was
discontinued and replaced by rural delivery from Whitewright. In 1988
scattered residences and the Kentucky Town Baptist Church, itself a
Texas
landmark, were the only vestiges of Kentucky Town.
BIBLIOGRAPHY: Joe W. Chumbley, Kentucky Town and Its Baptist Church
(Houston: Armstrong, 1975). Graham Landrum and Allen Smith, Grayson
County
(Fort Worth, 1960; 2d ed., Fort Worth: Historical Publishers, 1967).
Mattie
D. Lucas and Mita H. Hall, A History of Grayson County (Sherman, Texas,
1936).
Donna J. Kumler Texas Handbook Online
(Research):Sources:
1. Smith, Randolph N. Cumberland Co. Circuit Court Records
2. 1860 Clinton Co KY Census
3. 1870 Clinton Co KY Census
4. 1880 Clinton Co KY Census
Source 1 p.238 6 May 1889 David Booher lost his mind about 3 months ago
due to lung and kidney trouble; born in Clinton County in 1843 and has
lived in Cumberland County about 40 years (Book. 3-451) Wife is Margaret
Booher (Book 3-452)
Census 1860 Source-2 p. 18 #370
Booher, David 24 farmer VA
Margaret J. 28 KY
Martin D. 5/12 KY
1870 Source 3 p. 37 #34
Booher, David 34 farmer VA
Peggy J. 40 KY
Martin D. 10 KY
Margaret E. 9 KY
Mary E. 6 KY
Rebecca J. 5 KY
Sarah A.S. 3 KY
Nancy A. 1 KY
1880 Source 4 p. 52 #254
Booher, David 44 farmer VA TN TN
Margaret J. 50 KY TN TN
Margaret E. 18 KY Va KY
Mary E. 16 Ky Va Ky
Rebecca J. 14 Ky Va KY
Sarah A.C. 12 Ky Va KY
Nancy A. 10 Ky Va KY
William G. 8 Ky Va KY
Samuel G. 5 Ky Va KY
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