This indenture made the third day of June 1840 between Josias Smoot and
Jane his wife of the County of Hampshire and State of Virginia of the one part, and John Fleming
of the same place of the other part. Witnesseth that the said Josias Smoot and Jane his wife for
and in consideration of the sum of twenty five dollars current money of the United States unto them
in hand paid by the said John Fleming before the sealing and delivery hereof the receipt which is
hereby acknowledged have granted, bargained, sold, aliened, enfeoffed, released and confirmed and
by these presents do grant, bargain, sell, alien, enfeoff, release and confirm unto the said John
Fleming, his heirs and assigns a certain tract or parcel of land situate, lying and being in the
county and state aforesaid on drains of Mill Creek, it being part of a tract of 155 acres granted
by the Commonwealth of Virginia to Henry Neff, executor of Adam Neff deceased by patent dated the
first day of October 1790, bounded as follows, to wit: Beginning at two white oaks, the seventh
corner of the 155 acre tract, thence with a line thereof, S 66º 30' W 120 poles to a black oak
and hickory in a line of said Flemings land, thence with said line reversed, N 58º E 123 poles
to two white oaks on the north side of a hill, thence across said 155 acre tract S 58º E 9 poles
to its sixth line, thence S 23º W 19 poles to the beginning. Containing eight acres more or less
together with all and singular the rights, improvements, hereditaments and appurtenances whatsoever
thereunto belonging, and the reversions and remainders, rents, issues and profits thereof. To have
and to hold, all and singular the premises with the appurtenances hereby granted unto the said John
Fleming his heirs and assigns, to the only proper use and behoof of the said John Fleming, his heirs
and assigns forever. And the said Josias Smoot and Jane his wife hereby covenant for themselves and
their heirs that they are seized of good and indefeasible estate of fee simple on the premises and
that they have have good right to convey the same to the said John Fleming in manner aforesaid. And
lastly that the said Josias Smoot and Jane his wife and their heirs all and singular the premises
hereby granted, with their appurtenances unto the said John Fleming, his heirs and assigns against
the said Josias Smoot and Jane his wife and their heirs and all and every other person shall warrant
and forever defend by these presents. In testimony whereof the said Josias Smoot and Jane his wife
have hereunto set their hands and seals the day and year first above written.
Josias Smoot
Sealed and delivered in
Presence of:
Hampshire County, to wit:
Be it remembered
that 16
th day
of November 1840 this indenture was presented in the office, acknowledged by Josias Smoot and admitted to record.
Teste John B. White CC