Essex Co., VA Indenture - Owen/Motley/Noel, 1825 Indenture. James Owen, Richard Motley and Edmund F. Noel. Essex Courthouse at Tappahannock. This Indenture made and entered into this 15th day of August 1825 between Richard Motley and Edmund F. Noel of the County of Essex and State of Virginia the one part and James Owen of the Town of Tappahannock and County and State aforesaid of the other part, Witnesseth that the said Richard Motley and Edmund F. Noel for and in consideration of the sum Thirteen hundred and fifty dollars good and lawful money of this Commonweath to them in hand paid by the said James Owen before the insealing and delivery of these presents the receipt whereof they do hereby acknowledge, Have bargained and sold and by these presents do bargain and sell unto the said James Owen and to his heirs and assigns forever a certain tract or parcel of land lying and being in the County aforesaid containing two hundred and fifty two acres be the same more or less and bound as follows, by the lands of William Crittenden, Alice Ship, Philip Coleman and the main road it being the same tract of land conveyed to them by William Fisher by deed bearing date the 25th day of November 1824 more fully appears and which said land and premises was sold by the said William Fisher by intent of the power and authority vested in him by a Deed of Trust bearing date the 21 st day of March 1812 between Sarah Bridges of the first part, William Fisher of the second part and the said Richard Motley and Edmund F. Noel Exoes of John Richarson Dec'd of the third part and duly recorded in the County Court of Essex on the 15th day of April 1822. To have and to hold the said tract of land together with all and singular its rights members privileges, appurtenances and appendages thereto belonging or in any and appurtaining, and the revenue and remain rewarder and remainder and every part and parcel thereof unto the said James Owen his heirs and assigns forever, To the only proposed and belief of him the said James Owen his heirs and assigns forever. And that said Richard Motley and Edmund F.Noel for themselves and their heirs the said tract of land with all and singular the premises and appurtenances before mentioned unto the said James Owen his heirs and assigns free from the claim or claims of them the said Richard Motley and Edmund F. Noel or either of them, their or either of their heirs, either or individuals or Exoes of said Richardson and of all and every person whatever shall will and do warrent and.............. forever defend by those present. And the said Richard Motley and Edmund F.Noel for themselves their heirs Exoes and Admin' and for even of them do covenant and grant to the said James Owen his heirs and assigns and to every of them br those present in manner and form following, that the said James Owen his heirs and assigns shall or lawfully may from time to time and at all and every time hereafter have hold and occupy and possess and enjoy all and singular the tract of land and premises hereby granted and every part and parcel thereof, with all and singular their appurtances and all and every the rents assign and profits thereof accumary and growing to have receive and take without any manner of let, suit, trouble eviction disturbance or other hindrance or molestation whatsoever of or by the said Richard Motley and Edmund F. Noel their heirs or assigns in anyway whatsoever or any other person or persons whatsoever lawfully claiming or to claim the said tract or parcel of land or any part or parcel thereof, and also that the said tract of land and every part and parcel thereof now and henceforth forever hereafter shall continue remain and be unto the said James Owen his heirs and assigns free and clear and free and clearly and absolutely free and acquifted, executed and discharged of all and from all manner of former and other bargain sales, gifts, grants, user devises, dower estates, leases, rights, titles, rents assign, fines, announcements, debts duties, taxes, judgements and encumbrances whatsoever had made committed done acknowledged or suffered by the said Richard Motley and Edmund F. Noel or by any other person or persons whatsoever shall will and do warrant and forever defend by those present In Testimony whereof the said Richard Motley and Edmund F.Noel have herewith set their hands and seals the day and year first above written. Richard Motley, Edmund F.Noel signed sealed & delivered In the presence of Tappahannock, Essex Quarterly Court held 18th day of August 1825 This Deed from Richard Motley and Edmund F.Noel to James Owen was acknowledged by said Richard Motley and Edmund F.Noel to be the proper act and Deed and ordered to be recorded . Teste.--- Wm B. Matthews. Clk. This Indenture made the l5th day of August l825 between James Owen and Mary (Allen) Owen his wife of the first part, and William Fisher of the second part and Richard Motley and Edmund F. Noel of the third part. Whereas the said James Owen and Mary his wife are justly Indebted to the said Richard Motley, Edmund F. Noel in the sum of one thousand and seventy dollars with interest from the first day of Jany last, and half of which is to be paid on the first day of Jany 1826 with interest, the other half to be paid on the first day of Jany 1827 with interest as by bonds bearing date on the 15th day of August 1825, more fully appears which debts with interest therein accruing the said James Owen and Mary (Allen) his wife are willing and desires to secure, Now this Indentured witnessed that for and in consideration of the premises and also for the further sum of one dollar to the said James Owen and Mary his wife at or before the sealing and delivery of these present the receipt whereof is hereby acknowledged they the said James Owen and Mary his wife have given granted, bargained, sold, alien, enfeoffed, released and confirmed and by there presents do give grant bargain sell, alien, enfeoff release and confirmed to the said William his heirs and assigns forever all that parcel of land lying and being in the County of Essex, containing two hundred and fifty two acres be the same more or less, and bounded as follows, by William Crittenden, Alice Shipp, Philip Coleman and the main road, also all right and interest which the said James Owen and Mary his wife have in the personal part of the estate of which Thomas Allen father of the said Mary Owen died seized off. and also all right and interest which the said James Owen and Mary his wife have in the personal part of the estate of which Jack Allen, Banks Allen and Barbary Bohannan daughter of the said Thomas Allen died seized off. To have and to hold he hereby granted property unto said William Fisher his heirs exoes admin's and assigns forever, and the said James Owen and Mary his wife for themselves their heirs exoes and admin's do hereby convenant promise and agree with the said William Fisher his heirs exoes and admin's and assigns to warrent and defend by those present. Upon trust nevertheless provided the said James Owen and Mary his wife shall be permitted to remain in quiet and peacable possession of the said property and take the profits thereof to their own use of the conveyed, until default be made in the payment of the said sum or sums either in the whole or in part and then upon this further trust, that the said William Fisher his heirs Exors or assigns so soon after the happening of such default of payment on the said Richard Motley or Edmund F. Noel or their heirs exoer admin's shall request sell the said property hereby granted as the trustee shall think suffient for the purpose, to discharge the said payment or payments at public auction after having fixed the time and place of sale at the Mansion House on the said land and given thirty days notice thereof, by advertisement set up at some publick store door in the town of Tappahannock, previous to the day of sale the said property hereby conveys to be sold to the highest bidder for cash, and.......... the money arriving from such sale, after discharging the said payments with the interest that may have accrued and all reasonable charges the baliance if any shall be paid to the said James and Mary his wife their heirs or assigns but if the whole of the said payments shall be made on or before the said time so that no default of payment to be made, then this obligation to be void or else to remain in full force and virtue.- In Witness whereof we have hereunto affixed our hands and seal the day and year first above written. James Owen Mary Owen Richard Motley William Fisher Edmund F.Noel Essex County Court. August 15, 1825 We Henry W. Latane and W. Lewis Justices of the Peace in the County of aforesaid in the State of Virginia do hereby certify that Mary Owen the wife of James Owen party to a certain deed bearing date on the 5th day of August hereunto annexed personally appeared before us in our County aforesaid; and being exaimined by us privily and apart from her husband and having the Deed aforesaid fully explained to her, she the said Mary Owen acknowledged the same to her act and Deed and declared that she has willingly signed sealed and delivered the same, and that she wishes not to retract it. Given under our hands and seals this 15th day of August 1825. Henry W. Latane W. Lewis Tappahannock, Essex Quarterly Court continued and held the 18th day of August, 1825 This Deed of Trust between James Owen and Mary his wife of the first part, William Fisher of the second part, and Richard Motley and Edmund F. Noel of the third part, was on this day acknowledged by the parties thereto except Mary Owen to be their proper act and Deed, and ordered to be recorded with the Justices certified annexed. Teste. Wm. B. Matthews. Clk. Essex County, Virginia Deed Book 41, page 419. File contributed for use in USGenWeb Archives by: Joan Stubbs: wmstubbs@inna.net USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data 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 of the file. These electronic pages cannot be reproduced in any format for profit or other presentation.