Clarke County GaArchives Deed.....Elder, Joshua - Hutson, Shadrach August 6, 1818
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File contributed for use in USGenWeb Archives by:
Beth Collins http://www.genrecords.net/emailregistry/vols/00011.html#0002523 April 9, 2007, 6:25 pm

Assigned To: John H. Lowe
Written: August 6, 1818
Recorded: November 18, 1818

Clarke County Deed Book L, p. 144-145

	This Indenture made this 6th day of August eighteen hundred and 
eighteen between John H. Lowe Administrator de bonis non of Shadrach Hutson 
late of the county of Clarke State of Georgia deceased of the one part; and 
Joshua Elder jr and Edward H. Maxey of the other part; all of the said County 
of Clarke, Witnesseth:  that whereas the said Shadrach in his life time to wit 
on the third day of August eighteen hundred and fifteen in the County and 
State aforesaid made and delivered to the said Joshua (by the name of Joshua 
Elder) and Edward M. his Bond in the penal sum of Nine Hundred Dollars to be 
void on the condition that the said Shadrach well & truly made or caused to be 
made a good & sufficient right and title to a certain tract of land lying & 
being in the County of Clarke aforesaid on the waters of Rose Creek joining 
David Elder & Richard Bearding containing by estimation One hundred and fifty 
acres; to the said Edward & Joshua.  And whereas the said Bond being 
unsatisfied the said Edward and Joshua, the obligue in the said Bond, 
petitioned the Honorable the Court of Ordinary of said County for an order 
directing the administrator of the said Shadrach to make a title to the said 
Tract of land agreeably to the said bond for in pursuance of the statute in 
such case made & provided and the said Court at April Term of said Court 
eighteen hundred and sixteen in compliance with the said petition made an 
order Nisi, which was afterwards at November term of said Court in the same 
year last aforesaid that the said John H. Lowe, administrator de bonis non as 
aforesaid, in obedience to the said order absolute and in pursuance of the 
powers in him by law vested, and also in consideration of the sum of four 
hundred and fifty Dollars to him in hand paid at and before the ensealing and 
delivery of these presents by the said Edward & Joshua, the receipt whereof is 
hereby acknowledged; hath granted bargained & sold and by these presents doth 
grant bargain & sell and convey unto the said Edward H. Maxed and Joshua elder 
jr all that Tract or parcel of land lying & being in said County of Clarke, on 
a branch of Roes Creek, containing one hundred and forty seven acres Beginning 
at a Stake running thence South twenty eight degrees west thirty six chains 
fifty links to a stake, running thence south sixty three degrees East forty 
one chains fifty links to a Red oak corner, thence North twenty eight degrees 
East thirty five chains and ten links to a red Oak, thence North sixty two 
degrees west, forty one chains fifty links to the beginning stake – bounded by 
elder, Wells, and others;  To have and to hold the said tract of land with all 
the rights, members and appurtenances thereof unto the said Edward H. Maxey 
and Joshua elder jr their heirs and assigns for ever in fee simple;   and the 
said John H. Lowe as administrator de bonis non the said Tract of land with 
all the rights members and appurtenances thereof unto the said Edward H. Maxey 
and Joshua elder jr their heirs and assigns against the claim of the heirs of 
the said Shadrach and against the claim of all and every other person or 
persons shall and will warrant and for ever defend; (but not to be 
individually responsible for the title hereby made)  --  In Witness whereof 
the said John H. Lowe administrator as aforesaid hath hereunto set his hand & 
seal the day & year first before mentioned.
Signed sealed & delivered                 The words “to the said
in presence of us                                Edward & Joshua” being
James Hendon                                    first interlined
Sterling Elder                                     Jno H. Lowe admin
Ramey Senr. J. P.                               Debonis non of the Estate of
                                                      Shadrach Hutson Decd.
            Record. 18th Novemr. 1818


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