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Prince William County
Virginia


Henry M. Smoot to Francis H. Dunnington
A Deed of Trust ~ 1822

(Prince William County Virginia, Deed Book 8, page 419)
Transcription contributed by Dennis M. Smoot

Smoot to Dunnington - Deed of Trust |

     This Indenture made the 27th day of July in the year of our Lord one thousand eight hundred and twenty two between Henry M. Smoot and Phoebe his wife of the first part and Francis H. Dunnington of the second and Mordecai Miller and Son and A.C. Cazenove of the town of Alexandria of the third part. Whereas the said Henry M. Smoot is justly indebted to the said Mordecai Miller and Son and to the said A.C. Cazenove, the first in the sum of three hundred and forty five dollars and thirty nine cents money due by bond and payable on or before the first day of December next ensuing the date hereof, which said bond bears date on the 26th day of July 1822; and to the latter in the sum of one hundred and forty dollars fifty seven cents money due by bond bearing date on the 21st day of November 1818 and due six months thereafter, which said bond was originally given for the sum of three hundred and sixty six dollars and ninety two cents, but reduced by credits endorsed thereon to the said sum of one hundred and forty four dollars and fifty seven cents, which said several debts with the legal interest thereon accruing, the said Henry M. Smoot and Phoebe his wife are 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 lawful money of Virginia to the said Henry M. Smoot and Phoebe his wife in hand paid by the said Francis H. Dunnington at and before the sealing and delivery of these presents the receipt whereof is hereby acknowledged, he the said Henry M. Smoot and Phoebe his wife have given, granted, bargained, sold, aliened, enfeoffed, released and confirmed and by these presents do give, grant, bargain, sell, alien, enfeoff, release and confirm to the said Francis H. Dunnington, his heirs and assigns forever all that tract or parcel of land lying and being in the County of Prince William in the State of Virginia, containing by recent survey one hundred and sixty six acres and bounded as follows, viz Beginning at a large poplar, corner to Dr Triplett’s division in the Wells Tract, and thence running with Dr Triplett’s line 1st N 74° 10' E 150 poles to a marked red oak by a stake in Triplett’s line, corner to Dr Jno Spence’s division in Wells Tract, thence with Spence’s line 2 S 13° 50' E 154 poles to a stake supposed to be in Montgomeries line, thence 3 S 65° 30' W 132 poles to a stake in the wood, thence 4 N 45° W 143 poles to a large white oak in Bennett’s line, thence with Bennett N 27° 15' E 62 poles 12 links to the Beginning, containing one hundred and sixty six acres more or less with all and singular the appurtenances to the said tract of land belonging or in anywise appertaining, and all the estate, right, title and interest of the said Henry M. Smoot and Phoebe his wife, in and to the said granted, or intended to be hereby granted tract or parcel of land and premises: To have and to hold the said hereby granted or intended to be granted tract or parcel of land and premises with its appurtenances unto the said Francis H. Dunnington, his heirs and assigns forever to the only proper use and behoof of him the said Francis, his heirs and assigns forever. And the Henry M. Smoot and Phoebe his wife for themselves, their heirs, executors, administrators and assigns do hereby covenant, promise and agree to and with the said Francis H. Dunnington, his heirs and assigns in manner and form following, that is to say the said Henry M. Smoote and Phoebe his wife and their heirs, the aforesaid tract or parcel of land and premises with the appurtenances unto the said Francis, his heirs and assigns against all persons whatever shall and will warrant and forever defend by these presents, upon trust nevertheless that the said Francis H. Dunnington, his heirs and assigns shall permit the said Henry M. Smoot and Phoebe his wife to remain in quiet and peaceable possession of the said tract or parcel of land and premises with its appurtenances and to take the profits thereof to their own use until default be made with payment of the said several sums of money herein before mentioned, either in the whole or in part, and then upon the further trust, that he the said Francis, his heirs or assigns shall and will so soon after the happening of such default of payment, he or his heirs or assigns, may think proper, or the said Mordecai Miller and Son and A.C. Cazenove, their executors, administrators or assigns shall request, sell to the highest bidder for ready money at public auction after having fixed the time and place of sale at his own discretion and given thirty days notice thereof in one or more of the newspapers printed in the town of Alexandria and also notified the same by advertisement to be set up at the door of the Court House of Prince William County on some court day previous to the day of the sale, and out of the money arising from such sale shall after satisfying the charges thereof and all other expenses attending the premises, pay to the said Mordecai Miller and Son and A.C. Cazenove, their heirs, executors or administrators the aforesaid sums of money with the interest which may thereon lawfully accrue, and the balance if any shall pay to the said H.M. Smoote and Phoebe his wife, their heirs, executors, administrators of assigns. But if the whole of the said sums of money before mentioned shall be fully paid and discharged to the said M. Miller and Son and the said A.C. Cazenove and each of their heirs, executors, administrators or assigns on or the first day of December 1822 when the same is payable so that no default of payment of the said respective sums of money be made, then this indenture to be void or else remain in full force and virtue. In testimony whereof the said parties to these presents have hereunto set their hands and affixed their seals the day and year first above written.

Walter Harrison
John Cocke
J.W.F. Macrae
H. M. Smoote
Phoebe Smoot
Fra H. Dunnington

Prince William County
     We William Smith and James Macrae, Justices of the Peace in the county aforesaid in the State of Virginia do hereby certify that Phoebe Smoot, the wife of Henry M. Smoot, parties to a certain deed bearing date on the 27th day of July 1822 and hereunto annexed personally appeared before us in our county aforesaid and being by us examined privily and apart from her husband and having the deed aforesaid fully explained to her, she the said Phoebe acknowledged the same to be her act and deed and declared that she had willingly signed, sealed and delivered the same, and that she wished not to retract it. Given under our hands and seals this 27th day of July 1822.
Wm Smith
J.W.F. Macrae


Prince William County, to wit:
     This deed of trust from Henry M. Smoote and wife to Francis H. Dunnington was acknowledged in the clerks office of said county on the 18th of September 1822 by Henry M. Smoote to be his act and deed and was thereupon admitted to record together with a certificate thereon endorsed.
Teste
P.D. Dawe Cl Court






Page and graphics © Fred Smoot 2002
Transcription © Dennis M. Smoot 2002
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