This Indenture made the sixth day of November in the year of our Lord one thousand eight
hundred and nineteen between Zephinia Crook and Margaret his wife, John Nelson and Margaret his wife late Margaret Crosby,
Tho
s Nelson and Elizabeth his wife late Elizabeth Crosby,
John Smith and Verlinda his wife late Verlinda Crosby, Olley Crosby, Sylvanus Crosby and Polly his wife, and William and
Grandison Crosby infants under twenty one years by Olley Crosby their guardian of the County of Prince William and
Commonwealth of Virginia of the one part and Henry M. Smoote of the County of Prince William and Commonwealth
aforesaid of the other part. Witnesseth the before named thirteen parties designing to convey hereby for and in consideration
of four hundred ninety eight dollars lawful money of the United States to them in hand paid by the said Henry M. Smoot at
and before the sealing and delivery hereof the receipt whereof they do hereby acknowledge, and thereof and of every part
thereof do forever exonerate, acquit and discharge the said Henry M. Smoot, his heirs, executors and administrators by these
presents 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 Henry M. Smoot, his heirs and assigns forever all that tract or parcel of
land lying and being in the County of Prince William containing by recent survey one hundred and sixty sic acres and bounded
as follows, to wit, Beginning at a large poplar, corner to Doctor Tripletts division in the Wells tract and thence running
with Doctor Tripletts line
1st
N 74° 10' E 150 poles to a marked red oak by a stake in Tripletts line, corner to Doctor
Jn
o Spences division in the
Wells tract, thence with Spences line
2 S 13° 50' E 154 poles to a stake supposed
to be in Montgomeries line, thence
3 S 60° 30' W 132 poles to a stake in a wood, thence
4 N 45° W 143 poles to a large white oak in Bennetts line, thence with Bennett
N 27° 15' E 62 poles twelve links to the Beginning, containing one hundred and sixty six acres more
or less. But if it should hereafter be ascertained that the said conveying parties as representatives of Mary H.
Crosby dec
d should be entitled to more
land than is included in said before mentioned boundaries and adjoining the same, the said Smoote is entitled to
have the same at the price of three dollars for whatever may hereafter be so ascertained and the said conveying
parties for themselves, their heirs, executors, etc., bind themselves to convey whenever it is so ascertained and the
money paid, that is at the sale of three dollars per acre for the said surplus, where it so ascertained as above specified.
Together also with all and singular the rights, members, liberties, privileges, improvements, hereditaments and appurtenances
whatsoever thereunto belonging or in anywise appertaining, and the reversions and remainder, rents, issues and profits thereof,
also the estate, right, title, interest, use, possession, property, claim and demand whatsoever of them and each of them the before
named conveying parties to the said Henry M. Smoot in law, equity or otherwise, however into or out of all and singular the premises
and every part thereof. To have and to hold all and singular the premises hereby granted with the appurtenances unto the said Henry M.
Smoot, his heirs and assigns to the only proper use, benefit and behoof of the said Henry M. Smoot, his heirs and assigns forever, and the
said thirteen before named conveying parties for themselves, their heirs, executors and administrators do hereby covenant and agree to
warrant and defend all and singular the premises hereby granted and conveyed unto the said Henry M. Smoot, his heirs and assigns
forever free from the claim of them and of every other person, and free from all other titles and encumbrances whatsoever. In witness
whereof the said thirteen conveying parties have hereunto set their hands and seals the day and year first above written.
Sealed and delivered in presence of
Phil D. Dawe as to Zephaniah Crook, Jno Nelson,
Jno Smith, Olley Crosby, Sylvanus Crosby,
Wm Crosby by his Guardian Olley Crosby,
and Grandison Crosby by Olley Crosby his
guardian
The persons whose names are undersigned are
witnesses to the above deed as to Thomas Nelson
and Elizabeth Nelson his wife.
Barnaby Cannon
Th Lawson
M.B. Sinclair
|
|
Zephaniah Crook
her
Margaret X Crook
mark
John Nelson
her
Margaret X Nelson
mark
Thomas Nelson
Elizabeth Nelson
John Smith
her
Verlinda X Smith
mark
Olley Crosby Silvanus Crosby
her
Mary X Crosby
mark
William Crosby by
Olley Crosby his
guardian
Grandison Crosby by
Olley Crosby his
guardian
|
The Commonwealth of Virginia
To the Justices of the Peace of Prince William County, Gentlemen, Greeting. Whereas Zephiniah Crook and Margaret his wife,
Jn
o
Nelson and Marg
t his wife,
Jn
o Smith and Verlinda his wife, Olley Crosby, Sylvanus Crosby
and Mary his wife, W
m Crosby and Grandison Crosby by Olley
Crosby their guardian on the 6
th November 1819 sealed and delivered to Henry
M. Smoot a writing purporting to be a conveyance to him in fee simple of and in one hundred and sixty six acres of land situate, lying and
being in the County of Prince William and Commonwealth aforesaid, and whereas the said Margaret Crook, Margaret Nelson, Verlinda Smith
and Mary Crosby cannot conveniently travel to the said county court to acknowledge the said writing, therefore you or any two or more of you
are hereby empowered to examine them privily and apart from their said husbands and to take their acknowledgement of the said writing
which is hereunto annexed and which you are to shew and explain to them and certify to our justices of our said county court whether they
willingly signed and sealed the said writing and whether they consenteth that the said writing may be recorded in the County Court of Prince
William aforesaid and when you have taken their acknowledgement and examination aforesaid you shall return this commission and thereunto
annex a certificate under your hands and seals of such privy examination by you taken and of such declaration and consent yielded by the said
Margaret Crook, Margaret Nelson, Verlinda Smith and Mary Crosby. Witness Philip D. Dawe, clerk of our said court at the court house
aforesaid this 6
th day of Nov
r 1819 and the
44
th year of the Commonwealth.
P.D. Dawe
Prince William County, to wit:
Pursuant to the above commission we have examined Marg
t Crook,
Margaret Nelson, Verlinda Smith and Mary Crosby privily and apart from their husbands and do hereby certify that they acknowledged they
freely and willingly signed and sealed the writing (to the commission annexed) which we then shewed and explained to them and further they
consented that the said writing may be recorded in the County Court of Prince William. Given under our hands and seals
this 5
th day of November one thousand eight hundred and nineteen.
James Deneale
Wm Smith
The Commonwealth of Virginia
To the Justices of the Peace of Prince William County
Gentlemen - Greeting
Whereas Thomas Nelson and Elizabeth Nelson his wife on the 6
th
day of November sealed and delivered to Henry M. Smoot a writing purporting to be a conveyance to him in fee simple of and in
one hundred and sixty six acres of land situate, lying and being in the County of Prince William and Commonwealth aforesaid and
whereas the said Elizabeth cannot conveniently travel to the said county court to acknowledge the said writing. Therefore you or any two
of you are hereby empowered to examine the said Elizabeth privily and apart from her said husband and to take her acknowledgement of the said
writing which is hereunto annexed and which you are to shew and explain to her, and certify to our justices of our said county court
whether she consenteth that the said writing may be recorded in the County Court of Prince William aforesaid, and when you have
taken her acknowledgement and examination aforesaid you shall return this commission and thereunto annex a certificate under your
hands and seals of such privy examination by you taken and of such declaration made and consent yielded by the said Elizabeth Nelson.
Witness Philip D. Dawe, clerk of our said court at the Court House aforesaid this 14
th
day of December 1819 and in the 44
th year of the Commonwealth.
P.D. Dawe
Prince William County, to wit:
Pursuant to the above commission we have examined Elizabeth Nelson privily and apart from her husband and do hereby certify that she
freely and willingly signed and sealed the writing (to the said commission annexed) which we then shewed her and explained to her and further
she consented that the said writing may be recorded in the County Court of Prince William.
Given under our hands and seals this 14
th day of
December 1819.
Wm Smith
Th Lawson
At a court held for Prince William County Dec 6
th 1819 this deed from Zephaniah
Crook and Marg
t his wife, John Nelson and
Marg
t his wife, Thomas Nelson and Elizabeth his wife, John Smith
and Verlinda his wife, Olley Crosby, Silvanus Crosby and Mary his wife, William Crosby and Grandison Crosby by Olley Crosby their
guardian to Henry M. Smoot was proved by the oaths of P.D. Dawe, John T. Linton and Barnaby Cannon and (together with two
ded
s for the privy examination of the
Femes ret
d executed) ordered to be recorded.
Teste
P.D. Dawe Cl Court