Deed: James Berry, 1750 Indenture to Purchase Land from Robert Campbell Source: Augusta Co., VA Deed Book 3 Contributor: Carol Vass ------------------------------------------------------------------------- Pages 64-65 THIS INDENTURE made the 27 day of November in the year of our Lord 1750 between Robert Campbell, gent. of the County of Augusta of the one part and James Berry of the said County of the other part. Witnesseth that the said Robert Campbell for and in consideration of the sum of five shillings current money of Virginia to him in hand paid by the said James Berry at or before the sealing and delivery of these presents the receipt whereof is hereby acknowledged hath granted bargained sold and by these presents doth grant bargain and sell unto the said James Berry one piece or parcel of land containing 149 acres the same more or less County of Augusta and bounded as followeth, viz: Beginning at three white oak saplings near the Mannor line being a corner to William Martain's land and runneth thence 77 ' east 280 poles with said Martain's line crossing the Middle Branch to Shannadoe to James Young's corner and with his line to between a white oak and a black oak sapling south 30' west 32 poles to a post corner a grave yard thence with the lines thereof north 77 ' east 12 1/2 poles to a post south 30 ' west 12 1/2 poles to a black oak south 77 ' east 12 1/2 poles to a hiccory south 30 ' west 48 poles east to a black oak corner to M. Glebe thence with a line thereof north east 208 poles to a walnut and white oak north 30 ' east 88 poles to the beginning. And all house buildings, orchards, ways, waters, watercourses, profits, hereditaments and appurtenances whatsoever to the said premises hereby granted or any part thereof belonging owning appertaining and the reversion and reversions, remainder and remainers, be the same more or less and all and sigular other the premises hereby granted with the appurtenances unto the siad James Berry his heirs Executors Administrators and assignes from the day before the date hereto __?__ during the full tern of a whole year from thence fully to be complete and ended. Yeilding and paying therefore the rent of one pepper corn or Lady Day next if the favor shall be lawfully demanded to the intent and purpose that by virtue of these presents of the statute for transferring uses unto possession the said James Berry may be in actual possession of the premises and thereby unable to __?_ and take agreed deed release of the reversion and inheritance thereof to him and his heirs. In Witness whereof the said Robert Campbell hath hereunto set his hand and seal the day and year first written. Robert CampbellSealed & Delivered in presence ofDavid HeuarnAndrew CowanJohn Mildred THIS INDENTURE made the 28th day of November in the year of our Lord 1750 Between Robert Campbell, Gentleman, of the county of Augusta Witnesseth that for and in consideration of the sum of _53 current money of Virginia to the said Robert Campbell in hand paid by the said James Berry at or before the sealing of these presents the receipt whereof he doth hereby acknowledge and thereof doth release acquit and discharge the said James Berry his Executors and Administrators to the said Robert Campbell and by t hese presents doth grant, bargain, sell, alien, release and confirm unto the said James Berry (in his actual possession now being by virtue of bargain and sale to him thereof made by the said Robert Campbell for one whole year by indenture bearing the date the day next before the day of the date of these presents) ... and by the statue for transferring land unto possession and his heirs forever one piece or parcel of land containing one hundred forty nine acres more or less lying situated joining the Glebe land in Beverly Mannor in the said County of Augusta. ------------------------------------------------------------------------- James Berry, Transcription of Petition by his son George Berry Augusta County, Virginia Order Book No. 4 page 252 On the motion of George Berry on behalf of his father James Berry To bring forth his great age poverty & informity And it is ordered that he be for the future Eserrgoted from the payment of public levys in this county ------------------------------------------------------------------------- James Berry, Transcription of Indenture 19 August 1755 Augusta County, Virginia Deed Book 7 page 191THIS INDENTURE made the Nineteenth day of August in the Year of our Lord one Thousand Seven hundred and fifty five Between James Berry of the County of Augusta of the one part and George Berry of the s.d County of the other part Witnesseth that the said James Berry for and in Consideration of the sum of five shillings Current Money of Virginia to him in hand paid by the s.d George Berry at or before the sealing and Delivery of these presents the receipt whereof is hereby acknowledges Hath Granted Bargained and sold and by these presents Doth Grant Bargain and sell unto the said George Berry one piece or parcell of land Containing One Hundred and forty nine acres be the same more or less lying situate joining the Glebe land in Beverly Manor in the said County of Augusta and Bounded as followeth Viz Beginning at white oak saplins Near the Mannor Line Being a Corner to William Martins Land and Runneth thence south seventy seven Degrees past two hundred and Eighty poles with said Martins Line & along the Middle Page 192 Branch of Shanador to James Young & Corner and with his Line to Between a white oak and a Black oak Saplin South thirty Degrees West thirty-two poles to a post Corner to a Graveyard thence with the line thereof North seventy seven Degrees West twelve poles and a half to a post south thirty Degrees West twelve poles and a half to a Hiccory South thirty Degrees West Forty Eight poles to a black oak Corner to the Glebe thence with a line thereof North Seventy seven Degrees West two hundred and Eight poles to a Walnut and white oak North thirty Degrees East Eighty-eight poles to the Beginning AND all houses Buildings Orchards Ways Waters Water Coursis profits Commodities Heriditamints (?) and Appurtenances Whatsoever to the said paom (?) it is hereby Granted or any part thereof Belonging or in any wise Appertaining and the Reversion and reversions remainder and Remaindors Rents Issues and profits thereof TO HAVE AND TO HOLD the said one hundred and forty nine acres of Land to be the same more or less and all and singular other the Premises hereby granted with the Appurtenances unto the said George Berry his Heirs Executors Administrators and Assigns from the Day before the Date hereof For and During the full Term and time of ONE WHOLE YEAR from thence next Ensuing fully to be Compleat and Ended Yielding and paying therefore the Rent of ONE PEPPERCORN on Lady Day next if the same shall by lawfully demanded to the intent and purpose that by Virtue of these presents and the Statute for Transferring elses (?) into possesion the said George Berry may in actual possession of the Premses and be thereby Enabled to Accept and take A Grant and Release of the Reversion and Inheritance thereof to Him and his Heirs IN WITNESS WHEREOF the said James Berry hath hereunto set his hand and seal Day and Year first above written SEALED AND DELIVERED IN THE PRESENCE OF James Berry (seal) William Edmiston James Bower James Gillmor At a Court for Augusta County, November the 19th 1755 James Berry in Open Court acknowledges his lease for and indented to George Berry which is on the Motion of the s.d George admitted to Record. THIS INDENTURE made the Twentieth Day of August in the Year of our Lord one Thousand Seven Hundred and fifty five between James Berry of the County of Augusta of the one part and George Berry of the said County of the other part WITNESSETH That for and in consideration of the sum of fifty-three pounds Current money of Virginia to the said James Berry in had paid by the said George Berry at or before the Sealing and Delivery of these presents the receipt whereof he doth hereby acknowledge and there of Doth Release acquit and Discharge the said George Berry His Executors and administrators these presents the said James Berry Hath Granted Bargained sold ---?-- Released and confirmed and by these presents Doth Grant Bargain Sell Alien Release and Confirm unto the said George Berry in his actual Possession now being by Virtue of a Bargain and Sale to him thereof made by the said James Berry for one year of (rest of document missing) ------------------------------------------------------------------------ Elizabeth Berry, Commission to Augusta to take Acknowledgement in deed to George Berry 20 August 1755 Augusta County, Virginia Deed Book No. 7 Page 331 GEORGE the second by the Grace of God of Great Brittain France and Ireland King Defender of the Faith To Patrick Martin Robt McClenanhan and Robt Breckenridge Gent Greeting. Whereas James Berry of this County of Augusta by his Deeds of Lease & Release bearing dathe the 19th & 20th of August 1755 for the Consideration therein Mentioned did Give grant bargain sell release and confirm Unto George Berry of the county aforesaid and to his Heirs and assigns forever a Certain tract of land containing one hundred a nd forty nine acres Situate lying and being in Beverly Manor and Adjoining the Glebe Land of this Parish And whereas Elizabeth the wife of the sd James Berry is unable to travell to our County Court of Augusta to be Privately examined apart from her said Husband whether She Voluntarily or without the threats or Compulsion of her said husband is Willing to Relinquish her right of dower to the said land in the said Deeds mentioned as the Law in that Case Derects Therefore know ye that we give Power and Authority to you the s.d Patrick Martin Robt McClenanhan & Robert Breckenridge or any two of you to go to the house of the said James Berry & there Examine the said Elizabeth Privately and apart from her said Husband wither she be Willing to Relinquish her right of Dower to the said land in the said Deeds mentioned and whether she doth the same of her own free will without any force threats or Compulsion of her said husband and whether she willing that her acknowledgement shall be recorded with the said deeds and that you Certify the same distinctly of our Justices of our County Court of Augusta and that you have then those s.d deeds together with this Writ Witness John Madison Clerk of our s.d County Court at the Court House of the s.d County the 8th Day of April 1756 THE EXECUTION of the within Commission appears by a schedule hereunto Annexed BY Virtue of this Commisssion to us Robt McClenanan and Patrick Martin directed we did personally on the 19th of May go to the House of the within named James Berry and there privately and a part from the s.d James Berry did examine Elizabeth his wife whether she was willing to Relinquish her right of dower to the land sold by her said husband to George Berry who declared and Acknowledged that she freely and Voluntarily relinquished the same without force threats or Compultion of her s.d husband and that sh e desired the said deed together with this her relinquishment of dower should be recorded all which we do hereby Certifie to the Justices of our Lord the King. Under our hands & seals this 19th day of May 1756 Robt McClenanhan (seal) Pat Martin (seal)Admitted to Record.Test John Madison 21 May 1756 At a Court Con.t & held for Augusta County This Examination of Elizabeth the wife of James Berry for her relinquishment of Dower to one hundred & forty Nine Acres of land Sold by her husband James Berry to George Berry being returned unto Court is on the Motion of the sd Geo Berry Admitted to Record. Test John Madison ****************************************************************** USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, this document may be freely used by non-commercial entities, as long as this message remains on all copied material, AND permission is obtained from the contributor or a legal representative of the contributor, AND you provide the listed USGenWeb archivist with proof of this consent. ******************************************************************