Richmond County, VA - Deed: Northen to Lyell, 1849 Submitted for use in the USGenWeb Archives by: Nancy Slater Thompson ************************************************************************ USGENWEB ARCHIVES 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. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net ************************************************************************ Deed of Trust Peter S. and Alice (Smith) Northen to Henry Lyell William S. Northen, Security September 10, 1849 Note: The Richard A. Lyell mentioned in this deed of trust stood surety for Peter S. Northen's marriage bond with Alice Smith on July 12, 1848. This indenture made this 10th day of September in the year 1849 between Peter S. Northen and Alice his wife of the first part, Henry Lyell of the second part and William S. Northen of the third part, all of the County of Richmond and State of Virginia. Whereas the said William S. Northen is bound as the security of the said Peter S. Northen for the payment of three hundred and fifty dollars and 13 cents due Richard A. Lyell by bond bearing date the 2nd day of July 1849 and whereas the said Peter S. Northen being willing and desirous to do what is just and right to provide his said security from entering on account of being bound as security aforesaid. Now this indenture. Witnesseth that for and inconsideration of the premises and also for the further consideration of one dollar of lawful money of Virginia to the said Peter S. Northen in hand paid by the said Henry Lyell at and before the sealing and delivery of these presents the receipt whereof is hereby acknowledged, he the said Peter S. Northen and Alice his wife hath given, granted, bargained, sold, ____, ____, released and confirmed and by these presents doth give, grant, bargain, sell, ____, ____, release and confirm to the said Henry Lyell his executors, administrators or assigns forever a certain piece or parcel of land which the said Peter S. Northen bought of John W. Collins, containing 117 acres more or less bounded by the lands of William English, R. _______ estate, bordering on Farnham Creek, which more fully described by deed from said Collins and his wife to Peter S. Northen at Richmond County Clerks Office, with all and singular the appurtenances to the same belonging, to have and to hold the said land hereby conveyed unto the said (left blank), his executors, administrators and assigns forever upon trust nevertheless that the said Henry Lyell, his executors, administrators, and assigns shall permit the said Peter S. Northen to remain in quiet and peaceable possession of said land and premises and take the profits thereof to his own use until default be made by the said Peter S. Northen in the payment of said sum of three hundred and fifty dollar and 13 cents either in the whole or in part or until the said William S, Northen shall suffer and account of such securityship by having the said sum before mentioned or any part thereof to pay and then upon this further trial so soon after the happening of such default by the said Peter S. Northen or the said William S. Northen shall have the same or any part thereof to pay and the said William S. Northen, his executors, administrators or assigns shall request or direct the said Henry Lyell, his executors, administrators, or assigns shall and will sell the aforesaid piece or tract of land for ready money at the Farnham Church by public auction after having given thirty days notice thereof by advertisement to be set up at Richmond Courthouse and Farnham Church previous to the day of sale 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 William S. Northen, his executors, administrators or assigns the amount he may have had to pay on account of the securityship aforesaid and the balance if any shall pay to the said Peter S. Northen, his executors, administrators, or assigns. But if the whole of said sum of three hundred and fifty dollar and 13 cents shall be fully paid off and discharged to the said Richard A. Lyell, his executors, administrators or assigns by the said Peter S. Northen, his executors and administrators so that no default be made by him in the aforesaid sum then this indenture to be void or else to remain in full force and virtue. In witness whereof the said parties to these presents have hereunto set their hands and affixed their seals the day and year first above written. Sealed and delivered in the presence of: Peter S. Northen {seal} Alice Northen {seal} Henry Lyell {seal} Richmond County, Virginia We Charles W. Smith and F. W. Pendleton, Justices of the peace in the county aforesaid in the state of Virginia do hereby certify that Alice the wife of Peter S. Northen, parties to a certain deed bearing date on the 10th day of September 1849 and hereunto annexed, personally appeared before us in our County aforesaid and being examined by us privily and apart from her husband and having the deed fully explained to her, she the said Alice acknowledged the same to be her act and deed and declared that she had willingly signed, sealed and declared the same and that she wished not to retract it. Given under our hands and seals this 11th day of September 1849. Charles W. Smith {seal} F. W. Pendleton {seal} Clerks Office of Richmond County Court the 28th day of November 1849 This deed of trust from Peter S. Northen and Alice his wife to Henry Lyell for the benefit of William S. Northen, was this day presented, acknowledged before and in the Clerk's office aforesaid by the said Peter S. Northen and with the certificate annexed admitted to record as to him. Teste J. R. Jeffries, Clerk Pro Tem Transcribed from a copy of the original record by Nancy Slater Thompson 23 Mar 2002.