Deed: Mark Bird to Henry Miller, 1779 Source: Augusta Co., VA Deed Book 23, page 23 Contributor: Diana Lehman -------------------------------------------------------------- This Indenture made the Twenty Sixth day of April one thousand Seven hundred and Seventy nine Between Mark Bird Esquir and Mary his wife of the Township of Union in the County of Berks and State of Pensilvania of the one part and Henrey Miller of the parish and County of Augusta in the Commonwealth of Virginia Iron Master of the other part Whereas adam Stephen of the County of Berkley in the Commonwealth of Virginia by his Deed of Leas and Releas bearing date the Sixth & Seventh days of April one thousand seven Hundred and seventy four did sell and Convey to the above mentioned Mark Bird and Henrey Miller a certain tract or parcel of Land which he thesaid Adam Stepen purchased of a certain Henrey Smith containing four hundred acres situate Lying and being on the north river of shanandoah in the sd. County of Augusta and butted bounded & Described by thesd. Deeds reference being thereunto had will more fully appear and also thesaid adam Stephen by other Deeds of Leas and Releas of the same date did sell and convey to the above Mark Bird and Henrey Miller one other Tract or parcel of Land and which he thesaid Adam Stephen purchased of William Minter containing two hundred and twelve acres situate Lying and being on mossey Creek in thesaid County of Augusta and butted bounded and Described as by thesaid Deeds reference being thereunto had may more fully appear and further thesd. adam Stephen by his Deeds of Leas and Releas of the same date did Sell and Convey to thesd. Mark Bird and Henrey Miller another tract or parcel of Land which he the said adam Stephen purchased of the aforementioned Henrey Smith containing one hundred and Seventy acres Situate Lying and being on the South fork of the north river Shanandoah in thesd. County of Augusta and butted bounded and described as in and by thesaid Deeds reference being thereunto had may full appear all which said Deeds where Legaly proved in the Court of Augusta and now of Record in the Clerks office of thesd. Count And whereas also since the purchasing of the aforsaid tracts or parcel of Land the above mark Bird & Henrey Miller entered into Articles of Copartnership bearing date the first day of June one thousand seven hundred and Seventy four for carrying on the art Masterey and Business of Iron Masters and for erecting and building on the said Tracts or parcels of Land beforementioned or some or one of them the necessary Forges Furnaces & mills &c for carying on thesd. business and did by thesd. articles further covenant and agree to purchase at their Joint expence what other Lands they or either of them might think nesesary for the better Carrying on their said ..ss.ded works for the making of iron and disposing of the same as by the Articles referance being Likewise had may more fully appear and Whereas also in pursuance of such articles of Copartnership this Mark Bird and Henrey Miller have purchased of a Certain Edward Erwin a certain tract or parcel of Land containing one hundred and thirty four acres situate Lying and being on Mosey Creek in the County of Augusta and Conveyed by thesaid Edward Erwin and his wife by Deed of Bargain and sale bearing date the fifteenth day of December one thousand seven hundred and Seventy Seven to thesd. Mark Bird and Henrey Miller and now of record in the Cour of thesaid County of augusta referance being thereunto had may more fully appear by which sd. Conveyances herein above recited the said Mark Bird and Henrey Miller are Seized in fee of the Several tracts of Land above mentioned to hold to them their heirs and assigns By Virtue of a Clause or Covenant in the above recited articles in stewarts in Common and not as Joint tenants and Whereas also the aforsaid Mark Bird by one other Article or Instrument of writing Signed with his hand and dated of Mossey creek Iron works the eighteenth day of September one thousand seven hundred and Seventy Eight did for the Consideration of Fifteen thousand pounds pensilvania Currency agree to sell and accordingly did Sell unto the sd. Henrey Miller his part Moiety or Share of the said Iron works with all the Lands Stock and Houses thereunto belonging on in and by the sd. Instrument of writing may more fully appear Now This Indenture witnesseth that thesaid Mark Bird and Mary his wife for and in Consideration of the aforementioned sum of Fifteen Thousand pounds Current money of Pensylvania to thesd. Mark Bird and Mary his wife in hand paid by thesaid Henrey Miller the receipt whereof the do hereby confess and Acknowledge and ... divers other good Causes and Considerations there hereunto moving They the said Mark Bird and Mary his wife Have and each of them hath Granted bargained Sold aliened and Confirmed and by these presents Do and each of them Doth grant bargain & sell alien releas and Confirm unto thesd. Henrey Miller and to his heirs and assigns forever one Moiety or half part of the aforementioned Several tracts or parcels of Lands purchased of Adam Stephen and Edward Erwin and his wife and they are herein before Excepted and according to the several Conveyances made by them and Each of them to the sd. Mark Bird and thesaid Henrey Miller together with all Houses Buildings Forges Furnaces mills orchards Gardens Ways waters water courses profits Commodities Heredatiments and appurtenances whatsoever to thesd. Moiety or half part of thesd. several tracts or parcels of Lands hereby granted & Sold or any part thereof belonging or in any ways appertaining and the reversion and reversions Remainder and remainders Rents Isues and profits thereof and also all the estate Right Title Interest use trust property Claim and Demand whatsoever of them thesd. Mark Bird and Mary his wife of thesd. premises and all Deeds Evidences and writing touching or any wise concerning the same To have and to Hold thesd. Moiety or half part of sd. several tracts or parcels of Land hereby Conveyed and all & Singular other premises hereby bargained & sold and every part and parcel thereof with their and every of their appurtenances unto thesd. Henrey Miller his heirs and assigns to the only proper use and behoof of thesd. Henrey Miller his heirs and assigns forever and the thesd. mark Bird and Mary his wife for them selves their heirs Executors and Administrators Do Covenant promise and grant to and with thesaid Henrey Miller his heirs and assigns by these presents That they thesd. Mark Bird and Mary his wife now at the time of the Sealing and Delivery of these presents are Seized of a good sure perfect and indefeasable estate of Inharitance in fee simple of and in the premises hereby Bargained & Sold and that they have good power and Lawful and absolute Authority to grant and convey the same to thesaid Henrey Miller in manner and form aforsaid and that thesd. Moiety or one half of the aformentioned Several Tracts or parcels of Land now are free and Clear of and from all forms and other Gifts Grants Bargains Sales Dower Right & Title of Dower Judgments Executions Titles Troubles mortgages Charges and Encumbrances whatsoever made done committed or suffered by thesd. mark Bird and Mary his wife or any other person or persons whatsoever since the same was purchased by them thesaid mark Bird and Henrey Miller and also That he the said Henrey Miller his heirs and assigns shall and may at all times forever hereafter peaceably and quietly have hold ocupy possess and enjoy thesaid Moiety or half part of thesd. several tracts and parcels of Land Heredatements & premises hereby sold and Conveyed with ye priviledges Benefits and Advantages thereunto belonging without ye Lets Troubles Hindrance Molestation and Deniale of them thesd. Mark Bird and Mary his wife or either of them or of any other person or persons whatsoever and further thesd. Mark Bird and Mary his wife and their heirs all and singular the premises hereby bargained & Sold with the appurtenances unto thesaid Henrey Miller his heirs and assigns against them thesd. Mark Bird and Mary his wife and their heirs and all and every other person and persons whatsoever shall warrant and forever defend by these presents and Lastly That they thesd. mark Bird and Mary his wife and their heirs and all and every other person and persons and their heirs anything or claiming in the premises herein beforementioned or intended to be hereby bargained & Sold shall and will from time to time and at all times hereafter at the Reasonable request and at the proper Cost and Charges in the Law of thesd. Henrey Miller his heirs or assigns make do and execute or Cause or procure to be made done and executed all and every such further and other Lawfull and Reasonable Act and acts Thing and Thing Conveyances and assurances for the further better and more perfect conveying and assuring the premises aforsaid with their and every of their appurtenances unto thesd. Henrey Miller his heirs and assigns as by thesaid Henrey Miller his heirs & assigns or their Council Learned in ye Law shall be Reasonably devised or required So that thesd. Mark Bird and Mary his wife shall not be obliged to Trave from their place of abode In Witness whereof thesd. mark Bird and Mary his wife have hereunto set their hands & Seals the day and year above Written. Signed Sealed and delivered Mark Bird (LS) In the presence of Jese Potts Mary Bird (LS) David Davis Sarah Lincoln Berks County State of pensilvania... Personaly appeared before us the Subscribers two of the Justices of the peace for the County and State aforsaid Mark Bird Esqr. and Mary his wife and Acknowledged the above Deed of Bargain & Sale from them to Henrey Miller to be their and each of their act and Deed and thesd. Mary being by us Examined privately and apart from her said Husband whether she freely and Voluntarily without threat or Compulsion relinquished her Interest and Right of Dower in the Moiety of Lands conveyed in the above Deed Acknowledged & confirmed that she did and desired that such Acknowledgement might be anexed too and Taken a part of thesd. Deed that ye same might be recorded therewith agreeable to the Laws of the Commonwealth of Virginia Given under our hands & Seals this Twenty Sixth day of April 1779. Henry Christ (LS) Jacob Shoemaker (LS) Berks County state of pensilvania... (LS) Daniel Levan Esqr. Prothonotary of the County of Berks aforsaid do hereby Certify that Henrey Christ and Jacob Shoemaker Esqr. Who Signed the above Certificate whereat the time of Signing the same and Still are two of the Justices for the County of Berks aforsaid and that all Due Faith Credit ought to be paid and given to their transactions as Magistrates In Witness whereof I have hereunto set my hand and Caused the Seal of the County to be afixed this Twenty seventh day of April 1779 Daniel Levan Prothy At a Court Continued and held for Augusta County May the 19th 1779- This deed of Bargain and Sale from Mark Bird & Mary his wife with the Private Examination of thesaid Mary to Henrey Miller was proved by the Oaths of the Witnesses thereto before Henrey Christ and Josiah Shoemaker Esqr. Two of the Justices of the Peace for Berks County and State of Pensilvania and Certifyed by Daniel Levan Esquire Prothonotary of thesaid County of Berks under the Seal of his Office was proved in Court and on the Motion of thesd. Henrey Miller's Ordered to be Recorded. Test Richard Madison Clk ****************************************************************** 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. ******************************************************************