This Indenture made the
27
th 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
26
th 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 21
st
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 D
r
Tripletts division in the Wells
Tract, and thence running with D
r
Tripletts line
1st
N 74° 10' E 150 poles to a marked red oak by a stake in
Tripletts line, corner to D
r
Jn
o Spences division in 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 65° 30' W
132 poles to a stake in the 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 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 27
th 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
27
th 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
18
th 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