Williams
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Deed of Trust
Smoot and Smith
This Indenture made the 10
th day of
December in the year of our Lord 1836 between Presley Williams of the first part
and W
m H. Smoot and Elijah Smith of the second part and Thomas J.
Smoot of the third part; whereas the said Presley Williams is justly indebted to the said
Tho
s J. Smoot in the sum of one hundred and thirty
dollars to be paid on the 1
st day of October 1836 as by a bond
bearing date on the 18
th day of March 1835 for one hundred dollars,
and on the 1
st day of January 1836 as by a bond bearing date on the
same day and year of the aforesaid bond, for thirty dollars more fully appear - which debt with legal
interest thereon accruing the said Presley Williams is willing and desirous to secure. Now this Indenture
Witnesseth that for and in consideration of the premises and also for the further consideration of one
dollar of lawful money of Virginia to the said Presley Williams in hand paid by the said William H. Smoot
and Elijah Smith at and before the sealing and delivery of these of these presents the receipt whereof he
doth hereby acknowledge, the said Presley Williams hath given, granted, bargained, sold, aliened, enfeoffed,
released and confirmed and by these presents doth give, grant, bargain, sell, alien, enfeoff, release and
confirm to the said W
m H. Smoot and Elijah Smith, their heirs and
assigns forever all the unexpired term of a lease on that tract or parcel of land lying and being in the
County of Fauquier and State of Virginia containing two hundred and seventy five acres more or less,
bounded as follows - on the three tracts of land now leased by James Gorden, Chandler Ford and Alexander
Conner of James and John Marshall, also a sorrel and a bay mare and a wagon with all and singular the
appurtenances to the said tract or parcel of land belonging to or in anywise appertaining, and the future
increase of the said mares, and all the estate, right, title and interest of the said Presley Williams in
and to the said granted or intended to be granted lease on the tract of land and premises with its
appurtenances together with the aforesaid mares and wagon unto the said W
m
H. Smoot and Elijah Smith, their heirs, executors, administrators and assigns forever in manner and form following,
that is to say that the said Presley Williams, his heirs, executors and administrators the aforesaid lease on the
said tract or parcel of land and premises with their appurtenances together with the aforesaid mares and wagon
unto the said W
m H. Smoot and Elijah Smith, their heirs, executors,
administrators and assigns against all persons whatever shall and will warrant and forever defend by these
presents. Upon Trust Nevertheless that the said W
m H. Smoot and
Elijah Smith, their heirs, executors and administrators shall permit the said Presley Williams to remain in
quiet and peaceable possession of the said lease on the said tract or parcel of land and its premises with its
appurtenances together with the aforesaid mares and wagon, and take the profit thereof to his own use until
default be made in the payment of the said sums of one hundred and thirty dollars in whole or in part, and
then upon this further trust that they or either of them or the survivor of them or their heirs, executors,
administrators or assigns of such survivor shall and will so soon thereafter the happening of such default of
payment as they or either of them or the survivor of them or the heirs, executors, administrators or assigns of
such survivor may think proper, or the said Tho
s J. Smoot, his
executors, administrators or assigns shall request, sell the said lease on the aforesaid tract of land and
premises with the appurtenances together with the aforesaid mares and wagon, or part of the hereby granted
premises as the trustee or trustees or their representatives hereby authorized to act shall think sufficient
for the purpose and shall think proper to sell to the highest bidder for ready money at public auction after
having fixed the time and place of sale at their own discretion and given thirty days notice thereof in one or
more of the newspapers printed in Warrenton, and also notified the same by advertisement to be set up at the door
of the Courthouse of Fauquier County on some court day previous to the day of the sale, and out of the monies
arising out of such sale shall after satisfying the charges thereof and all other expenses attending the
premises pay to the said Tho
s J. Smoot, his executors, administrators
or assigns the said sum of one hundred and thirty dollars with the interest which may thereon have lawfully
accrued, and the balance if any pay to the said Presley Williams, his heirs, executors, administrators or
assigns. But if the whole of the said sum of one hundred and thirty dollars shall be fully paid off and
discharged to the said Tho
s J. Smoot, his heirs, executors, etc.,
on or before the 1
st day of January in the year of our Lord eighteen
hundred and thirty eight with the legal interest that shall have accrued thereon, then this indenture to be
void, or else to remain in full force and virtue.
In witness whereof the said parties to these presents have hereunto set
their hands and affixed their seals the day and year first above written.
Interlined before signed
Saml H. Janney J. P.
A.H. Sanders J. P.
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his
Presley X Williams
mark
Wm H. Smoot
Thos J. Smoot
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Prince William County, to wit:
We Samuel H. Janney and A.H. Sanders, Justices of the Peace for the county
aforesaid do hereby certify that Presley Williams signed the within deed of trust and acknowledged it to be his
act and deed, given under our hands and seals this 10
th day of December 1836.
Saml H. Janney
A.H. Saunders
Clerks Office of Fauquier County, March 11
th 1837.
This Indenture was received in the office and having been acknowledged
before two magistrates, admitted to record.
Teste
M.E. Payne D.C.