Orange-Westmoreland County Virginia USGenWeb Archives Deed.....Smith, Thomas - Smith, Benjamin July 22, 1741 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Linda Deppner http://www.genrecords.net/emailregistry/vols/00012.html#0002870 November 9, 2009, 10:25 pm Written: July 22, 1741 Recorded: July 23, 1741 Orange County, Virginia Deed Book 6, pages 51-55 [Deeds of Lease and Release] This Indenture made the 22d day of July In the Year of our Lord God, One thousand Seven hundred and forty one Between Benj'n Smith of Orange County and St. Thomas's Parish, Planter of one part and Thomas Smith of the County of Westmoreland in the Parish of Washington of ye other part. Witnesseth that the said Benj'n Smith for and in Consideration of the Sum of five Shillings Curr't Money to him in hand paid at and before the ensealing and delivering of these presents the receipt whereof he the said Benj'n Smith doth hereby acknowledge and himself fully Satisfyed contented and payd, have given granted alienated released and confirmed and by these presents do grant give grant Alien Release and confirm unto the said Thomas Smith and to his heirs Ex'rs &c all that tract or parcell of Land Scituate lying and being in the Parish of St. Thomas in Orange County containing by Estimation one hundred Acres be the Same more or less and now being in Actual possession of him the af'd Thomas Smith and bounded as followeth - Beginning at a Gum poplar and white oak, Corner to James Taylor thence North Seventy degrees East Seventy poles to two red oaks and hiccory another Corner of the said Taylors thence North ten degrees West one hundred ninety five poles to a hiccory in Francis Taliaferros Line thence South Seventy degrees West one hundred and two poles to a hiccory and red oak in George Taylors Line thence with the said George Taylors Line South twenty degrees West to ye begining Together with the rents and Prophets of the premises herein mentioned and intending to be mentioned have bargained and Sold with their and every of their appurtenances unto the said Thomas Smith his heirs Ex'rs &c & from the day before the date hereof for and during the Term of one whole Year from thence next ensuing and fully to be compleated and ended - Holding and paying therefore the Yearly rent of one peper Corn at the feast of St. Michael the Archangell, if the Same be lawfully demanded to the Intent that by Virtue of these presents and of Statute for transferring of Uses into possession the said Thomas Smith may be in Actual possession of the premises and be enabled to except of a grant of the Revertion and Inheritance thereof to him and his heirs Executors &c. In Witness whereof the said Benj'n Smith hath hereunto Set his hand and affixed his Seal the date first above written. Benj'n (his mark) Smith (Seal) Sealed and delivered in the presents of Us the Sum of five Shillings being first paid -- Zach Taylor William Plunckett John Williss At a Court held for Orange County on Thursday the 23d day of July 1741. Benj'n Smith acknowledged this his Lease for Land indented to Thomas Smith w'ch on his Motion is admitted to record. Test Jonath'n Gibson Cl. Cur. This Indenture made the 23d day of July In the Year of our Lord God, One thousand Seven hundred ad forty one, Between Benj'n Smith of Orange County and St. Thomas's Parish, Planter, of the one part, and Thomas Smith of the County of Westmoreland in the Parish of Washington of the other part Witnesseth, that the said Benj'n Smith for and in consideration of the Sum of Sixty pounds Curr't Money to him in hand paid at or before the ensealing and delivering of these presents the receipt whereof he the said Benj'n Smith doth hereby acknowledge and himself fully Satisfyed content and paid have given granted alienated released and confirmed and by these presents Do give grant alien release and confirm unto the said Thomas Smith and to his heirs, Executors &c all that tract or parcell of Land Scituate lying and being in ye Parish of St. Thomas in Orange County containing by Estimation one hundred Acres be the Same more or less and now being in the Actual possession of him the aforesaid Thomas Smith and bounded as followeth Beginning at a Gum poplar & white oak Corner to James Taylor, thence North Seventy degrees East Seventy poles to two red Oaks & Hiccory Corner to afsd. Taylor, thence North ten Degrees West one hundred and ninety five poles to a hiccory in Francis Taliaferros Line thence South Seventy degrees West one hundred and two poles to a hiccory and red oak in George Taylors Line thence with the said George Taylors Line South twenty deg's east to begining Together with all and Singular the houses edifices buildings and Orchards and Gardens Pastures Woods Woodlands Waters and Water Courses Mines Minerals profits Commodities and appurtenances whatsover belonging or by any Means of wright appertaining all w'ch said premises are now in actual possession of him the said Thomas Smith by Virtue of an Indenture of bargain and Sale to him thereof made for the Term of one whole Year, bearing date the day before the date of these presents and by Virtue of ye Statute for transferring of Uses into possession And all the Estate Right Title and Interest or Trust property Claims and demand whatsoever of him the said Benj'n Smith In and to the premises or any part or parcell thereof To have and to hold the said One hundred Acres of Land and all and Singular the premises herein mentioned with their and every of their Appurtenances unto the said Thomas Smith his heirs Ex'rs &c to ye only proper Use and behoof of him the said Thomas Smith his heirs Ex'rs &c forever. And that the said Benj'n Smith is Seized of and in the said Messuage and all and Singular other the premises hereby granted bargained and Sold with all and every of their rights Members & appurtenances of a pure and perfect Estate of Inheritance, in fee Simple and that the said Thomas Smith his heirs Ex'rs &c and every of them Shall and may by force and Virtue of these presents at all times hereafter Lawfully peacably and Quietly have hold Use ????? and Possess the said one hundred Acres of Land with all their Rights Members Appurtenances thereunto belonging ???? they paying the Quitrents accustomed to be paid the the Same And that the sd. Benj'n Smith doth hereby Warrant the aforesaid one hundred Acres of Land according to the above ????? unto the said Thomas Smith his heirs Ex'rs &c from his heirs or the Claim or Claimes of any Person or Persons whatsoever claiming under him or any other Way. In Witness whereof the said Benj'n Smith hath hereunto Set his hand & affixed his Seal the day and year first above written. Benj'n (his mark) Smith (Seal) Sealed & delivered in the presents of Us the Sum of Sixty pounds being first paid Zach Taylor William Plunkett John Willis At a Court held for Orange County on Thursday the 23d of July 1741. Benj'n Smith acknowledged this his Release for Land indented to Thomas Smith w'ch on his Motion is admitted to record. Test Jonath'n Gibson Cl. Cur. Know All Men by these presents that I Benj'n Smith of Orange County & St. Thomas's Parish, am held and firmly bounden unto Thomas Smith of Westmoreland County and the parish of Washington of ye other part in the penial Sum of one hundred and twenty pounds Curr't Money of Virginia to which payment well and truly to be made I bind my Self my heirs &c unto the said Thomas Smith his heirs &c. Signed with my hand and Sealed with my Seal dated this 23d day of July 1741. The Condition of the above obligation is ????? that whereas the above bounden Benj'n Smith hath this day acknowledged Deeds of Lease and Release unto the said Thomas Smith for One hundred Acres of Land in Orange County now if the sd. Deeds proves not to be Sufficient according to Law that he the said Benj'n Smith will at any time hereafter make any other Deed for ye sd. Land as by the said Thomas Smith Shall be reasonably desired or required for the better and ????????? the said Land and premises unto the sd. Thos. Smith his heirs &c as witness my hand & Seal ye day and Year first above written. Benj'n (his mark) Smith (Seal) Signed Sealed & delivered in presents of us Zach Taylor Wm. Plunckett John Willis At a Court held for Orange County on Thursday the 23d day of July 1741. Benj'n Smith acknolwedged this his Bond for performance of Agreements to Tho. Smith w'ch on his Motion is admitted to record. Test Jonath'n Gibson Cl. Cur. Additional Comments: FHL #0033013 File at: http://files.usgwarchives.net/va/orange/deeds/smith124gdd.txt This file has been created by a form at http://www.genrecords.org/vafiles/ File size: 8.9 Kb