Rutherford County TN Archives Deed.....Smith, Noah  - Whitsell, James August 13, 1816
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File contributed for use in USGenWeb Archives by:
Deborah Parks http://www.genrecords.net/emailregistry/vols/00002.html#0000452 November 26, 2006, 10:59 pm

Assigned To: James Massey
Written: August 13, 1816

Rutherford Co TN Deed Book K page 434

James Whitsill to Noah Smith





This indenture made the thirteenth day of  August in the year of our Lord one 

thousand eight hundred and sixteen between James Whitsill of the State of 

Tennessee and County of Rutherford of the one part and Noah Smith of the 

county and state aforesaid of the other part witnesseth that this James 

Whitsill and in consideration of the sum of eight hundred and sixty four 

dollars to him in hand paid by the said Noah Smith the receipt whereof is 

hereby acknowledged hath given, granted, bargained, sold, aligned, conveyed 

and confirmed unto the said Noah Smith his heirs and assigns forever a certain 

tract or parcel of land situate lying and being in the county of Rutherford 

containing one hundred and eight acres being part of a tract of land on Stuart 

Creek granted by the State of North Carolina to James Massey heir of Thomas 

Massey on the  27th day of April 1793 by patent number 1642 by virtue of 

Warrant No. 164 beginning at a stake on the bank of Stewarts Creek when said 

creek first crosses the eastern boundary of said tract, thence south 155 poles 

to an Ash then west 85 poles to a forked Elm and Walnut thence 71 poles to a 

stake , thence west 51 poles to a hickory on Mosby’s line thence north 62 

poles to a white oak then down the meandering of the creek 3 poles to a 

hickory thence east 100 poles to two ____________ in the bank of the creed 

then down the meanders of the creek to the beginning the same being also part 

of said tract which said Whitsill claims and has a title under a conveyance 

from Thomas Massey dated the 27th day of August 1796 to John Howell under 

which said Whitsill claims title and which was granted to Thomas Massey by 

patent No. 1363 on the 16th day of November 1790 this conveyance being a 

transfer to said Whitsill has title aforesaid from said Potter for the purpose 

of settling a dispute between said claimants for said tract of land.  To have 

and to hold the aforesaid land with all and singular the rights profits 

implements and appurtenances of in and to the same belonging or in anywise 

appertaining to the only proper and of and behoove of him the said Noah Smith 

his heirs and assigns forever and the said James Whitsill for himself his 

heirs executed and administrated doth covenant and agree with the said Noah 

Smith his heirs or assigns that the before piece of land and bargained from 

him warrant and forever defend against the right title in trust or claim of 

all and every person or persons whatsoever.  In witness whereof the said James 

Whitsill hath unto set his hand and affixed his seal the day and year above 

written.  Signed and sealed.



						James Whitsill  (seal)



Delivered in presence of

H.H. Marable, Isaac M. Marable, Daniel Nelson



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