This Indenture made the 1
st day of March 1820 between
Richard C. Walter of the County of Shenandoah and Commonwealth of Virginia of the first
part, Henry Smoote of the County of Shenandoah and Commonwealth aforesaid of the second
part and Notley W. Rogers of the County of Fauquier and Commonwealth aforesaid of the
third part. Witnesseth that whereas the said Richard C. Walter stands justly indebted
to the said Notley C. Rogers in the sum of two hundred and thirty four dollars with
interest thereon from the first day of January 1816 and the said Richard is anctious
to secure the payment thereof. Now This Indenture Witnesseth that the said Richard C.
Walter for and in consideration of the sum of two hundred and thirty four dollars as
aforesaid with interest as aforesaid and the further sum of one dollar cash to him in
hand paid by the said Henry Smoote at and before the ensealing and delivery of these
presents the receipt whereof he doth hereby acknowledge and thereof and therefrom doth
release, acquit and discharge the said Henry Smoot, the said Richard C. Walter hath
given, granted, bargained, sold, released and confirmed unto the said Henry Smoot the
following property and items of property, to wit, four beds, bedsteads and furniture,
two tables, two chests, two trunks, six chairs, two wheels, two cows, two brass
candlesticks, one looking glass, three hogs, two sets of Chaney ware, one tea board,
two axes, three hoes, two shovels and five tongs, two saddles, eighteen tumblers, one
spade and sundry other articles of household and kitchen furniture of small value, to
have and to hold to him the said Henry Smoot, his heirs and assigns forever. In Trust
Nevertheless and for the cases herein after mentioned, viz, that if the said Richard C.
Walter shall pay the aforesaid sum of two hundred and thirty four dollars with interest
thereon to be computed after the rate of six per centum per annum from the first day
January 1816 until paid to the said Notley W. Rogers, his heirs or assigns on or before
the 25
th day of December next ensuing, then the
aforesaid Indenture to be rescinded and of no effect. But should the said Richard C.
Walter fail and make default in the payment of the aforesaid money with interest as
aforesaid on the 25
th day of December next ensuing,
then it shall and may be lawful for the said Henry Smoot, his executors, administrators
or assigns to sell the aforesaid property by way of public auction first giving twenty
days prior notice in some newspaper printed in the town of Winchester of the time and
place of such sale, and out of the proceeds thereof pay and satisfy all costs and
charges that may accrue in the carrying of this trust into effect, then the debt and
interest aforesaid unto the said Notley C. Rogers, his heirs or assigns, and out of
the surplus of the money, if any, he will pay over unto the said Richard C. Walter,
his heirs or assigns, and it is further contracted between the parties that the said
Henry Smoote suffer no costs or damages whatever in conveyance of any waste or diminution
of the aforesaid property which may be occasioned by his suffering it to remain in the
possession of the aforesaid Richard C. Walter. In testimony whereof we the parties have
hereunto set our hands and affixed our seals the day and date first before written.
Signed, sealed, acknowledged and delivered in the presence of
William L.
Walter Senr
William Smoot
William L. Walter Junr
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Richard C. Walter
Henry Smoot
Notley W. Rogers
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Shenandoah to wit:
This Deed of Trust was acknowledged by
Richard C. Walter party thereto before me in the clerk’s office of said county on the
7
th day of August 1820 and admitted to record as to him.
Wm W. Payne DCSC