Botetourt Co, VA Deed Book 18:431-434 (partial) Transcribed by Richard R. Weber (Line breaks as in original deed book) ************************************************************************ USGENWEB ARCHIVES 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. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net *********************************************************************** Page 431 This Indenture made this 15th day of September in the Year of our Lord 1828 between John Sollenbarger & David Sollenbarger late of the County of Botetourt but now of the County of Kanawha State of Virginia of the first part Boyer Miller of the County of Botetourt & Commonwealth aforesaid of the second part & Mathias Dunbar and Joseph A. Fry of the County and Commonwealth aforesaid of the third part whereas the said John Sollenbarger and David Sollenbarger are Justly & severally indebted to the said Mathias Dunbar and Joseph A. Fry in the sum of two hundred Dollars as by a note in writing bearing even date with these pre- sents more fully appears which Debt the said John Sollenbarger and David Sollenbarger are desirous to Secure Now this Inden- ture witnesseth that for and in Consideration of the premises Page 432 and also for the further Consideration of one Dollar of Lawfull Money of Virginia to the said John Sollenbarger & David Sollenbarger in hand paid by the said Bowyer Miller at & before the Sealing & delivery of these presents the receipt whereof is hereby acknowledged They the said John Sollenbarger & David Sollenbarger have given granted bargain sold alliened en- feoffed released & Confirmed & by these presents do & each of them doth give grant bargain sell alien enfeoff release and Confirm to the said Bowyer Miller his heirs and assigns forever all that Certain tract of parcel of Land Situate lying and being in the County of Botetourt about two miles from the town of Am- sterdam in said County of Botetourt and State of Virginia Containing one hundred and forty seven acres more or less it being the same Tract of parcel of Land con- veyed by Isaac Snodgrass to David Sollenbarger the Father of the above named John Sollenbarger & David Sollenbarger in his life Time _____ Deed now of record in the County Court of Botetourt County and to which reference is here made and which Tract of Land on the Death of David Sollenbarger descended to the above named John Sollenbarger and David Sollenbarger and Christian Sollenbarger Anna Sollenbarger Now Anna Denton Polly Sollenbarger now Polly Bower and Susan Sollenbarger now Susan Neathawk the children & heirs of the said David Sollenbarger Decd it also being the same Tract or parcel of Land in which John Denton now resides and adjoins the Land of Robert Snodgrass Miranda Snodgrass and the Greenfield Farm owned by William Preston and others together with all and singular the appurtenances to the Said Tract or parcel of Land belonging or in any wise appertaining and all the Estate right title and Page 433 Interest of the said John Sollenbarger and David Sollenbarger in and to the said granted or intended to be hereby Granted tract or parcel of Land and Premises to have and to hold the said hereby granted or intended to be hereby granted tract or parcel of Land and Premises with the appurtenances to the said Miller Bowyer his heirs and assigns forever to the only proper use and behoof of the said Miller Bowyer his heirs and assigns forever upon Trust Nevertheless that the said Miller Bowyer shall permit the said John Sollenbarger and David Sollenbarger to remain in quiet and peaceful possession of the said Tract or parcel of Land and premises and to take the profits thereof to their own use untill the first day of March next and then upon this further that if the said Sum of Two hundred Dollars and every part thereof shall not be fully paid off and discharged before that time (that is the first day of March next) that he the said Bowyer Miller or his heirs or assigns shall and will so soon after the said first day of March next as he or his heirs or assigns may think proper or the said Joseph A. Fry and Matthew Dun- bar or either of them shall request sell the said Tract of parcel of Land and premises with the appurtenances or such part thereof as the said Trustee or his representative hereby authorized to act shall think sufficient for the pur- pose and shall think proper to sell to the highest bidder for ready Money at Public Auction after having fixed the time and place of the sale at their own discretion & given thirty days Notice thereof by advertisement to be set up at the front Door of the Court house of Botetourt County on some Court day previous to the day of sale and out of the monies arising our of such sale shall after satisfying the Charges thereof and all other expenses attending the premises pay to the said Dunbar and Fry Page 434 their executors the said sum of Two hundred Dollars and the Balance if any shall pay to the said John Sollenbarger and David Sollenbarger But if the whole of the said sum of two hundred Dollars shall be fully paid off and dis- charged to the said Dunbar and Fry their Executors administrators or assigns on or before the first day of March 1829 then the above obligation to be void else to remain in full force and virtue In witness whereof the said parties have hereunto set their hands and affixed their seals the day & year first above written John Sollenbarger David Sollenbarger Bowyer Miller In the 8th line first page the words "and severally" made before signing & sealing also the erasure in the 15th & 14th lines of the 2nd page Virginia Kanawha County to wit We Samuel Bass and John P. Turner Justices of the Peace in & for The County & Commonwealth aforesaid do hereby certify that John Sollenbarger and David Sollenbarger parties of the foregoing Deed bearing date on the 15th day of September 1828 and hereto annexed personally appeared before us in our County aforesaid and acknowledged the same to be their act and Deed and desired us to Certify the said acknowl- edge to the Clerk of the County Court of Botetourt County in order that the said Deed may be recorded Given under our hands and Seals this 15th day of September 1828 Saml Bass John P. Turner Botetourt County Court Clerks office 24th day of September 1828 The Deed of Trust together with the Certificate thereon written respecting the acknowledgement of John Sollenbarger & David Sollenbarger was this day exhibited in said office and acknowledged by F. B. Miller a Party to the same and thereupon admitted to record