CUMBERLAND COUNTY, VA - DEEDS - John Colquitt et al to John W. Nash, 1 May 1828 ----¤¤¤---- DEED BOOK 18, PAGES 664, 665, 666 & 667 JOHN COLQUITT AND OTHERS AS SECURITIES FOR JOHN H. COLQUITT'S CHILDREN CUMBERLAND COUNTY VA. ( page 664 ) This Indenture made and executed this first day of May One Thousand Eight hundred and Twenty Eight between John Colquitt and Henry Colquitt and Louisa Colquitt the Wife of the said Henry Colquitt of the first part and John W. Nash of the Second part and Nathaniel A Crenshaw, Anthony W. Crenshaw and the said Henry Colquitt of the third part Witnesseth that whereas the Said parties of the third part are now bound as the Securities of the Said John Colquitt as guardians for his Children John H. Colquitt, Janeth H. Colquitt, Wm. L. Colquitt, Joseph Colquitt, Thomas Colquitt, Caleb Colquitt and Judith H. Colquitt and whereas the Said John Colquitt is anxious to indemnify and humbly leave his Securities in their undertaking ---------aforesaid now this indenture Witnesseth that for and in consideration of the promises and for the further consideration of One dollar in hand paid by the Said Nash to the Said John Colquitt and Henry Colquitt the receipt of which is hereby acknowledged they the Said John Colquitt & Henry Colquitt and Lousia Colquitt the Wife of the Said Henry Have this day bargained Sold aliened & confirmed and by these presents do hereby bargain Sell alien and Confirm to the Said Nash a certain tract or parcel of Land lying in the County of Cumberland Supposed to contain Sixty Acres be the same more or less it being the tract of Land on which the Said Jno. Colquitt now resides lying in the forks of the Buckingham and Davenport Roads A portion of which Lay Fifty Acres was purchased by the Said John Colquitt from Benjamin Hobson and wife bal conveyed by deed from the said Hobson and wife to Henry Colquitt and the balance of the tract now conveyed is composed of all the remainder of the tract purchased by the Said John Colquitt from Harrison Jones after declining that part of Jones tract Sold of to Josiah Lipscomb together with all the privileges and appurtenances hereunto belonging or in any manner appertaining and the Said John Colquitt in Consideration of the ( page 665 ) promises and the Said Sum Of One dollar paid by the Said Nash to the Said Henry and John Colquitt also hereby bargains Sells and Conveys to the Said Nash the following Slaves and other property to wit : David, Will, Mitcham, Wilson, Marshall, Sampson, Vincent, Nanny, Siss, Violet, and her three Children Mary, Solmon and Jane, Celia and her three Children Rachel, Edward and Darleng together with all the future increase of the females thereof, also two horses twenty five head of hogs twenty five head of Sheep Ten head of Cattle including Work Oxen together with all the increases of the females thereof also Six feather beds bedsteads and the furniture belonging thereto One Ox Cart also all the Plantation utensils now on hand together with all the house hold and kitchen furniture of every kind or description whatsoever also all the Crops now on hand whether growing on the Land or at this time Secured including also all the Crops to be made on Said Land until the final execution of this Deed and the relinquishment of the liability of the Securities aforesaid with the exception as to the Crops now on hand and hereafter to be made as well be hereinafter excepted to him the Said Nash his Heirs and assigns forever the right and title To which Said tract of Land of Fifty Acres purchased from the Said Benjamin Hobson and the balance of Jones tract together with the other property hereby Conveyed, the Said Henry Colquitt and Lousia his Wife as to the same Fifty Acres of Land and the Said John Colquitt as to all the property both real and personal hereby consents and agrees with the Said Nash for themselves and their heirs to warrant and defend the title to the Same against the Claims of all and every person or persons whatsoever the Said Nash however to have & to hold the Said bargained and Sold Land & other property upon the following trust and confidence nevertheless that of the Said Colquitt Shall fail to warrant for and pay over when requested So to do. ( on side of page----Delivered to Nathaniel A. Crenshaw the 22nd day of June 1829 ) ( page 666 ) All the money or other property which he is now liable for or may hereafter liable for as guardian aforesaid & in all other respects harmless bear the Said Securities and their representatives then and that event it shall be lawful for the said Nash or his legal personal representative or representatives to proceed to Sell at public Auction to the highest bidder for Cash the whole or any part of Said Land and other property hereby Conveyed which in his Judgment may be necessary and out of the proceeds after defraying all the expenses of this trust to pay of and Satisfy all Such Sum or Sums of money or other things which the Said Colquitt may be due and owing as guardian aforesaid after having previously advertised the time and place of Sale for thirty days at least at the front door of Cumberland Court House and at One or more public places in the Neighborhood which money is to be turned over to the wards of the Said Colquitt respectively if of age or other person entitled to receive the Same It being understood furthermore that the Said trustee Shall have power to Sell from time to time and at different times under this Deed as it may be necessary to the due Execution of the Same and it is also understood that if the Said property Should remain together So that any future Crops are made on the Plantation it Shall be lawful for the Said John Colquitt to appropriate to himself So much thereof as will be necessary to his Support while making the Same. In Testimony whereof the Said parties hath hereunto affixed his hand and Seal the day and year first above written. In Testimonies and Abbreviations John Colquitt (seal) Before Signing and Sealing Henry Colquitt (seal) Louisa Colquitt (seal) Cumberland County To Wit We James Isbell and Edward Walton Justice of the peace in the County aforesaid in the State of Virginia do hereby Certify ( page 667 ) that John Colquitt, Henry Colquitt and Louisa Colquitt the wife of the Said Henry Colquitt parties to a Certain Deed bearing date on the first day of May Eighteen hundred and Twenty Eight 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 Acknowledgment to the Clerk of the County Court of Cumberland in order that the Said Deed may be recorded Given under our hands and Seals this day of May Eighteen hundred & Twenty Eight. James Isbell (seal) Edward Walton (seal) Cumberland County To Wit We James Isbell & Edward Walton Justices Of the peace for the County Aforesaid in the State of Virginia do hereby Certify that Lousia Colquitt Wife of Henry Colquitt parties To a Certain deed bearing date on the first day of May Eighteen hundred and Twenty Eight and hereto annexed personally appeared before us in our County aforesaid and being examined by us privately & apart from her husband and bearing the deed aforesaid fully explained to her the She the Said Lousia Colquitt acknowledged the Same to be her act and deed & declared that she had willingly Signed, Sealed and delivered the Same and that She wishes not to retract it. Given under our hands and Seals this 2nd day of May Eighteen hundred and Twenty Eight James Isbell (seal) Edward Walton (seal) Cumberland County Court Clerks Office 2nd May 1828 This deed of trust with a Certificate Of Acknowledgment and a relinquishment of Dower Annexed was admitted to record Examined Test Scharmer Woodson PC ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Troy Colquitt telles@elberton.net ___________________________________________________________________