Daniel/Scott/McMillian Deed of Trust, 1838 - Patrick Co. VA Deed of Trust of Nehemiah Daniel, Jr. to John Scott for Joseph McMillian, Patrick County, Virginia, 1838 This Indenture made and entered into this day of March 1838 between Nehemiah Daniel of the first part, John Scott of the second part, and Joseph McMillian of the third part, Witnesseth that the said Nehemiah Daniel stands justly indebted to the said Joseph McMillian in the sum of [ ? ] by bond bearing date the 26 day of March 1838 and the 25th of December with interest thereon from which the said debt the said Daniel is willing and serious to [ ? ] to the said Joseph McMillian in consideration of the premises and of the sum of one dollar in hand paid to the said Nehemiah Daniel by the above named John Scott, the receipt whereof is hereby acknowledged, the said Nehemiah Daniel and his wife Catherine has bargained and sold and doth by these presents bargain and sell and convey unto the said John Scott [ ? ] a certain tract of land lying and being in the County of Patrick and State of Virginia containing 147 acres and bounded with lines as follows: to wit, Beginning at a black gum on the mountain, thence running S85 E75 poles to a ridge thence down the same S80 E52 to a corner on the said ridge N55 E86 poles S5 W60 poles to a summit ridge S48 poles to 2 chestnut trees on the old road, S88 W40 poles to a branch, S85 W31 to a oak crossing the branch, thence N16 W94 to a blackgum, N46 poles to three locusts and a chestnut tree S14 E94 poles to a small black [ ? ] tree, thence Beginning. To have and to hold to have the said John Scott his executors [ ? ] forever so special confidence and trust the life, nevertheless if Nehemiah Daniel shall and will pay off the debt aforementioned on or by the 28th of December and shall moreover pay the expenses to the debt, then the above obligation to the said is of no effect. But if the said Daniel shall forfeit the said debt or any part thereof on or by the day above mentioned, then and in that case the said Scott shall whenever named by the said McMillian sell the land above mentioned to the highest bidder for [ ? ] money on the premises after ascertaining the time and place of sale at least two months previous to the day of sale at two or more public places in the neighborhood of said Daniel, out of the proceeds of the said sale pay off the bond aforesaid to the said Joseph McMillian, much thereof as shall remain unpaid and the cost and commission incident to the debt over the balance of any to the said Nehemiah Daniel. In testimony thereof the parties have set their hand and seal the year last above mentioned. M. Cloud Nehemiah Daniel J. Boyd Citty Daniel Richard Haynes John Scott his Joseph McMillian Dudley X McMillion mark Patrick Clerk's Office 24 April 1838 The deed of Trust from Nehemiah Daniel, John Scott Trustee, for the benefit of Joseph McMillian was presented in the Clerk's Office aforesaid and acknowledged by the parties and admitted to record. Teste A. Staples, Clerk Patrick County Notes Note (1) Nehemiah Daniel is Nehemiah Daniel, Jr. son of Nehemiah Daniel,Sr. and Anna [Lyon] Daniel. Note (2) John Scott is the son of Thomas and Catherine Scott and the husband of Affirah [Ayers] Scott. Note (3) Joseph McMillian is the son of Nathaniel and Anna McMillian, and the grandson of Abraham and Elizabeth McMillian. He would later marry Nancy Ann Haynes, daughter of Archibald Haynes and Sarah Ann [McMillian] Haynes. Note (4) M. Cloud, Witness, is Martin Cloud. Richard Haynes is the husband of Mary Haynes, and father of Lieutenant Colonel Alexander Haynes. Dudley McMillian is the son of Abraham and Elizabeth McMillian, husband of Elizabeth [Hicks] McMillian, and uncle of Joseph McMillian, party of the third part. Note (5) Citty Daniel (wife of Nehemiah Daniel, Jr.) is Catherine [Mankins] Daniel. Submitted by William E. Harrold **************************************************************** 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. Files may be printed or copied for personal use only. ****************************************************************