This Indenture made the
29
th
day of August 1837 between Christopher Heiskell and William Vance administrators with the
will annexed of John Starn dec
d of the one part,
and Barton Smoot of the County of Hampshire and State of Virginia of the other part.
Whereas the said administrators pursuant to the last will and testament of John Starn
dec
d did after having advertised the same, sell
two tracts of land on Little Capon on the twelfth day of May 1826 at public sale when
William Vance became the purchaser thereof at the price of three hundred and two dollars
he being the highest bidder, and sold the same to said Barton Smoot and desired the same
to be conveyed to him, and afterwards to wit on the [blank] day of March 1831 the said
Barton Smoot at public sale became the purchaser of John Starns interest in a
tract of land on the east side of Little Cacapehon at the price of seventeen dollars
and twenty nine cents, he being the highest bidder. Now therefore this Indenture
Witnesseth that for and in consideration of the premises and for the further
consideration of the said sum of three hundred and two dollars and seventeen dollars
and twenty nine cents current money of the United States unto them in hand paid by the
said Barton Smoot at or before the sealing and delivery hereof, the receipt whereof is
hereby acknowledged, they the said Christopher Heiskell and William Vance administrators
with the will annexed of John Starn dec
d have
granted, bargained and sold, and by these presents do grant, bargain, sell, alien,
enfeoff, release and confirm unto the said Barton Smoot, his heirs and assigns two
certain tracts or parcels of land situate on Little Caphon [sic], one of which contains
eighty five acres and one third, and the other one hundred acres more or less, the said
lands being the same which were conveyed to the said John Starn by Jacob Starn and
Catherine his wife by deed of bargain and sale bearing date the [blank] day of [blank]
1791 and duly recorded in the County Court of Hampshire to which reference is had for a
more particular description of the same. Also all the right and title of which the said
John Starn died seized of in and to a tract of land containing two hundred and thirteen
acres patented by the Commonwealth of Virginia to John McBride and Jacob Starn by patent
bearing date the 23
rd day of April 1797 together with all
and singular the rights, improvements, hereditaments, and appurtenances whatsoever thereunto
belonging or in anywise appertaining, and the reversions and remainders, rents, issues and
profits thereof To have and to hold all and singular the premises with its appurtenances unto
the said Barton Smoot his heirs and assigns to the only proper use and behoof of the said
Barton Smoot his heirs and assigns forever. And [smeared ink] Christopher Heiskell and
William Vance administrators as aforesaid and their heirs all and singular the premises
with their appurtenances unto the said Barton Smoot his heirs and assigns against them
the said Christopher Heiskell and William Vance administrators of the said John Starn
dec
d with the will of the said John Starn
dec
d annexed, and their heirs and all persons
claiming by, through or under them, or either of them, but no other person, shall
warrant and forever defend by these presents. In testimony whereof the said Christopher
Heiskell and William Vance administrators of John Starn dec
d
with the will annexed have hereunto set their hands and seals the day and year first above written.
Signed, sealed and delivered in
Presence of
[blank]
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C. Heiskell
Wm Vance
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At a court continued and held for Hampshire County the 29
th day of
August 1837.
This Indenture was presented in court, acknowledged by Christopher Heiskell
and William Vance, and ordered to be recorded.
Teste
John B. White CC