Deed: Spotswood Fitzgerald, 1841 Source: Nelson Co., VA Deed Book 9, Pages 279-280 Contributor: Carol Harlow and Shirley Houk ---------------------------------------------------- This indenture made and entered into this 13th day of March 1841 between Spotswood Fitzjerrel of the first part, Tilmon Hight of the second part and Alexander Fitzpatrick of the third part: whereas the said Fitzjerrel is justly indebted to the said Fitzpatrick in the sum of seventy one dollars due by bond bearing this 13th of March 1841 and payable twelve months after date which debt the said Fitzjerrel is willing and desirous to secure: Now this indenture witnesseth that for and in consideration of the premises: and also for the further consideration of one dollar of lawful money of Virginia to the said Fitzjerrel in hand paid by the said Hight at and before the sealing and delivery of these presents the receipt whereof is hereby acknowledged; he the said Fitzjerrel hath given granted bargained, sold, aliened, ______, released and confirmed and by these presents hath give grant, bargain, sell, alien, _____, release and confirm to the said Hight his heirs executors administrators & forever one bay horse together with all the interest that him the said Spotswood Fitzjerrel has or may in any way accrue to him in the estate of the late William Coffey Sr or in the estate now held in trust by Edmund F Coffey for Benjamin Fitzjerrel and Jane Fitzjerrel for life remainder over to their heirs to have and to hold the said hereby granted or intended to be hereby granted interests together with the said horse hereby conveyed unto the said Hight his heirs executors & forever to the only proper use and behoof of the said Hight his heirs executors forever. And the said Spotswood Fitzjerrel for himself his heirs executors & doth hereby convenant promise and agree to and with the said Tilmon Hight his heirs executors & forever in manner and form following to wit; that the said Spotswood Fitzjerrel his heirs executors adminstrators the said interest and the said horse conveyed to the said Hight his heirs executors adminstrators & against all persons whatsoever shall and will forever warrant and defined by these presents upon trust nevertheless that the said Hight his heirs executors & shall permit the said Spotswood Fitzjerrel to remain in quiet and peacable (sic) posession of said horse & interest hereby conveyed until default be made in the payment of the said sum of money either in the whole or in part; and upon this special and further trust that he the said Hight his heirs executors adminstrators or assigns shall and may so soon after the happening of such default of payment as the said Hight his heirs executors adminstrators or assigns may think proper or the said Fitzpatrick or his legal representatives shall request sell the said horse and interest hereby conveyed to the highest bidder for ready money at public auction after having fixed the time of sale in the neighborhood of the said Spotswood Fitzjerrel and given ten days notice by advertisement at some one or more public places in the neighborhood and out of the monies arising from such sale shall after satisfying the charges thereof and all other expenses attending the premises pay to the said Fitzpatrick or his legal representatives the said debt with the interest that may thereon accrue and the balance if any shall pay to the said Spotswood Fitzjerrel or his legal representatives but if the said debt shall be fully paid off and discharged to the said Fitzpatrick or his legal representatives on or before the 13th day of March 1842 then this indenture to be void ____ to remain in full force and virtue in witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written. Teste Spotswood Fitzjerrel {seal} B Fitzpatrick x {seal} Wm Fizpatrick x Alexander Fitzpatrick {seal} Loving F Lannum x At a court held for Nelson County the 22nd day of March 1841. This Deed of Trust was this day proven in said Court by those subscribing witnesseth hereto and the same is ordered to be recorded. Teste Sp. Garland, 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. ******************************************************************