DEED:  James M. Hight Deed of Trust, 1848
SOURCE:  Nelson County Deed Book 12, Page 286
CONTRIBUTOR:  Sylvia Ray  <SylviaCamdenRay@aol.com>
------------------------------------------------------------

This Indenture made and entered into this 23rd day of May in the year 1848 
between Spotswood Garland, Clerk of the County Court of Nelson in the State 
of Virginia of the first part, and James M. Hight of the second part:  
whereas, Alexander Fortune deputy Sheriff for William Massie Sheriff of the 
said County of Nelson, by virtue of the Act of Assembly entitled, "An act 
concerning delinquent and forfeited lands, and providing for the sale of 
land returned delinquent for the nonpayment of taxes", did on the 24th day 
of November in the year 1845, agreeably to the provisions of said act, offer 
for sale according to law for the nonpayment of the taxes due thereon for 
the years 1841 and 1844, a certain tract or parcel of land lying in the said 
County of Nelson of the following description: Name of Person - Thos. and 
Jno E. Ponton, Residence - Nelson, Quantity of land - Eighteen acres, 
Description and local situation of land - adjoining John Wills, Distance and 
bearing from the Courthouse - W 3 miles, Amount of taxes - 22 cents (twenty-two 
cents), whereupon there being no person or persons present willing to pay the 
said taxes for a part, James M. Hight became the purchaser of the whole of the 
said tract of land for the sum of twenty two cents, that being the amount of 
taxes due thereon, with five per centum to the Sheriff for his commission.  
And whereas, the said Alexander Fortune, deputy Sheriff as aforesaid, in 
pursuance of the 15th Section of the Act of Assembly before recited, on 
receiving from the purchaser aforesaid the amount of purchase aforesaid besides 
his fee allowed by the 16th Section of said Act, granted to the said purchaser 
a receipt for the same according to the form prescribed in the 15th Section of 
the Act aforesaid; and in pursuance of the 17th Section of the same Act, the 
said Alexander Fortune, deputy Sheriff as aforesaid, within the time prescribed 
by law made out and returned to the Clerk's Office of the County aforesaid, a 
distinct list of all lands and lots by him sold for the nonpayment of taxes due 
thereon, according to the form prescribed by said Act, and filed in the Clerk's 
Office of said County, which list aforesaid contains the aforesaid tract sold to, 
and purchased by the said James M. Hight.  And whereas the said Thos. and Jno. E. 
Ponton hath failed to redeem the tract of land aforesaid according to the 
provisions of the Act of Assembly aforesaid; and the said James M. Hight hath 
applied to the said Spotswood Garland, Clerk, as aforesaid for a deed for the 
tract of land purchased as aforesaid.  Now this Indenture witnesseth that I the 
said Spotswood Garland, Clerk of the County Court of Nelson County, in pursuance 
of the powers vested in him by the Act of Assembly before recited, for and in 
consideration of the premises aforesaid and the sum of one dollar to me in hand 
paid by the said James M. Hight before the sealing and delivery hereof, the 
receipt of which is hereby acknowledged, have granted, bargained, sold and 
conveyed, and by these presents grant, bargain, sell and convey to the said 
James M. Hight, his heirs, executors, administrators, and assigns forever, all 
such title and estate in and to the aforesaid tract of land of eighteen acres 
purchased as aforesaid; as it was at the day of sale thereof herein before 
recited vested in the said Thos. and Jno E. Ponton.  To have and to hold the 
said tract of land to the said James M. Hight, his heirs; but, the said 
Spotswood Garland merely executing the powers under the Act aforesaid, do 
convey such title and estate only as was vested in the said Thos. and Jno E. 
Ponton, makes no warranty concerning the same whatever.  In witness whereof 
the said Spotswood Garland hath hereunto set his hand and affixed his seal, 
the day and year herein written.

                                                    Spotswood Garland  {seal}

At a Court held for Nelson County the 23rd day of May 1848.
This Deed for Land was acknowledged in said Court by Spotswood Garland, a party 
hereto, and ordered to be recorded
                                     Teste:         Spotswood Garland, Clerk

*************************************************************************************** 
USGENWEB 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. 
***************************************************************************************