DEED: James Berry/Elizabeth Berry, Transcription of Deed, dated 19 August 1771 Augusta County Courthouse, Staunton, Virginia SOURCE: Augusta Co., VA Deed Book 17, Page 309, 310, 311, 312, 313, 314 CONTRIBUTOR: Carol Vass ---------------------------------------------------------------------------------------- Page 309 THIS INDENTURE made the Nineteenth Day of August in the year of our Lord one thousand Seven Hundred and seventy-one Between James Berry of the County of Augusta of the one part and Jas. McKemy of the County Aforesaid of the other part Witnesseth that the s.d 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 James McKemy at or Before the sealing Delivery of these presents the Receipt whereof is hereby Acknowledged Hath granted Bargained & sold and by these Presents doth grant Bargain & sell unto the said Jame McKemy and to his heirs for Ever one Certain Piece or Parcel of Land Containing one Hunderd & Sixty Eight acres being the land that the s.d James Berry Purchased in fee simple of Tho.s Berry Father to the s.d James Situate and Lying on both sides Capt. Joseph Kennedys Mill Creek within the Bounds of a large tract of land Commonly Called and Known by the name of Burdens tract in s.d County of Augusta and more Particular described and Bounded as followeth, viz, BEGINNING at a large white oak by a small Dogwood in the East edge of the Creek Corner to Rob' Grays [unreadable] Runneth thence with his lines south Page 310 Thirty Degrees East six Poles to a Post south four Degrees west Nineteen poles to a White oak below a spring head by a Road south Twenty Eight Degrees west Ninety Two poles to McNutts new line to two small Hiccories Corner to Robt Grays Land North fifteen Degrees west with s.d McNutts New line to the Corner a Sugar tree on the s.d Creek Thence D? North fifteen Degrees west two Hundred and Eighty Poles with a line of McNutts old survey to a white oak and an Hiccory saplin by a Dry Valley south seventy five Degrees East one Hunderd and sixty Poles to a Hiccory and a white oak Corner to Francis Beatys Land thence with his line South Fifteen Degrees East sixty Poles to a Black oak and Hiccory south seventy five Degrees west twenty four poles to two white oak saplins growing out of one Root south Fifteen Degrees East fifty Poles to a walnutt by the fork of s.d Creek in s.d Beatys Line and thence Down the Several Courses of s.d Creek to the BEGINNING and all Houses Buildings Orchards Ways waters water Courses Profits Commodities hereditaments and Appurtenances whatsoever to the s.d Primeses hereby granted or any part thereof belonging or in any wise appertaining and the Reversion and Reversions Remainder and Remainders Rents Issues and Profeits thereof TO HAVE AND TO HOLD the s.d one hunderd and sixty Eight Acres of land be the same more or lesss and all and singular other the preimeses hereby granted with the Appurtenances unto the s.d James McKemy 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 from thence next ensuing Fully to be compleat and [rest of line unreadable] Page 311 Pepper Corn on Lady day Next if the same shall be Lawfully Demanded to the Intent and Purpose that by Virtue of these presents and of the Statute for Transfering uses into Possession the s.d James McKemy may be in Actual Possession of the Premises 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 s'd James Berry hath Hereunto set his hand & Seal the Day and year first above written SEALED AND DELIVERED In the Presents of James Cooper James Berry (L.S.) John McCutchan John Malcom Elizabeth [her mark] Berry (L.S.) At a court held for Augusta County August the 20th 1771 James Berry Acknowledged this his Lease for land to James McKemy which is ordered to be recorded Test John Madison Page 311 THIS INDENTURE made the twentieth day of August in the year of our Lord one thousand seven hundred Seventy one BETWEEN James Berry and Elizabeth his wife of the County of Augusta and Colony of VIRGINIA of the one part and James McKemy of the s.d County of the other part WITNESSETH that for and in Consideration of the sum of one Hunderd and Fifteen pounds Current money of Virginia to the s.d James and Elizabeth Berry in hand Paid by the said James McKemy at or before the sealing and Delivery of these Presents the Receipt whereof they Doth Hereby Acknowledged and Hereby Doth Release Aquit and Discharge the s.d James Page 312 James McKemy his heirs Executors and Administrators by these Presents they the s.d James & Elizabeth Berry Hath granted bargained sold Aliened Released and Confirmed and by these Presents Doth grant Bargain sell Alein Release and Confirm unto the s.d James McKemy in his Acutal Possession Now being by virtue of a bargain and sale to him thereof made by the said James and Elizabeth Berry for one whole year by indenture bearing date the Day next before the day of the date of these Presents and by force of the statute for Transfering uses into Possession and his heirs and Assigns forever one Certain||Piece or Parcel of Land Containing one Hunderd and sixty eight Acres being the land which the s.d James Berry purchased in fee simple of Thomas Berry his father situate Lying on Both sides of Capt. Joseph Kennedys mill Creek within the bounds of a Large Tract of Land Commonly Called & Known by the name of Burdins Tract in s.d County of Augusta and more Particularly Described and bounded as follows, viz BEGINNING at a large white oak by a small dogwood on the east Edge of the Creek Corner to Robert Grays Land and Runeth thence with his lines south thirty Degrees East six Poles to a Post south four Degrees west Nineteen poles to a white oak Below a Spring head by a Road south twenty Eight Degrees west ninety two poles to McNutts new line to two small Hiccories corner to Robert Grays land North fifteen Degrees west with said McNutts new line to the Corner of Sugar tree on the s.d Creek thence D North Fifteen Degrees west two Hunderd and Eighty Poles with a line of McNutts old survey to a white oak ? an Hiccory Saplin by a Dry Valley south seventy five Degrees East one Hunderd and Sixty Poles to a Hiccory and a white oak Corner to Francis Beaties Land Thence with his Line south Fifteen Degrees East sixty Poles to a black oak and Hiccory south Page 313 Seventy five Degrees west twenty four Poles to two white oak Saplins growing out of one Root south Fifteen Degrees East fifty Poles to Walnut by the fork of said Creek in s.d Beatys line & thence down the several Courses of the s.d Creek to the BEGINNING and all houses Buildings Orchards ways waters water Courses Profits Commodities Hereditaments and Appurtancances whatsoever to the said Primeses hereby granted or any part thereof Belonging or in any wise Appertaining and the Reversion and Reversions Remainder and Remainders Rents Issues and Profits Thereof and also all the Estate Right title Interest use Trust Property Claim and Demand whatsoever of them the s.d James & Elisabeth Berry of in and to the s.d Premeses and all deeds Evidences and Wrightings Touchings or in any wise Concerning the same TO HAVE AND TO HOLD the said described one hundred and sixty Eight Acres of land be the same more or less and all singular other the premesis hereby granted and released and every part or parcell thereof with their and every of their Appurtenances unto the said James McKemy his heirs and Assigns by these presents that the said James & Elizabeth Berry now at the time of Sealing and Delivery of these presents is seised of a good sure Perfect and Indefeasable Estate of Inheratance in fee simple of and in the primeses hereby granted and released and that he hath good Power and Lawfull and Absolute Authority to grant and Convey the same to the said James McKemy in mannor and form Aforesaid and that the s.d Primeses now are and so forever hereafter shall Remain and be free and Clear of and from all former and other gifts grants Bargains & also Dower Right and title of Dower Judgments Executions titles troubles Charges and Incumbrunces whatsoever made done Committed or suffered by the said James & Elisabeth Berry [rest of this line unreadable] Page 314 Hereafter to grow due and paiable to our sovereign Lord the King his Heirs and successors for and in respect of the said Primeses only Excepted and Foreprized and Lastly that the said James & Elisabeth Berry and their heirs all and singular the primeses hereby Granted and Released with their Appurtenances unto the s.d James McKemy and his Heirs and Assigns against them the said James and Elizsabeth and their Heirs and all and Every other Person and Persons whatsoever shall and will warrant and for Ever Defend by these Presents IN WITNESS whereof the s.d James Berry and Elizabeth his wife hath hereunto set their Hands and Seals the day and year first above written SEALED AND DELIVERED IN THE PRESENTS OF James Cooper James Berry (L.S.) John McCutchen John Malcom Elizabeth [her mark] Berry (L.S.) At a Court Held for Augusta County August the 20th 1771 James Berry and Elizabeth his wife she being first Privatly Examined Acknowledged this their Release for Land to James McKemy which is ordered to be Recorded. Test John Madison ****************************************************************** USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. ******************************************************************