Southampton County Virginia USGenWeb Archives Deeds.....Johnson to Holmes, 1809 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ Southampton County Virginia USGenWeb Archives Land Records Moses JOHNSON & wife Polly to Solomon HOLMES, deed of bargain & sale, 66 acres, 18 Nov 1809 (18 Dec 1809) [margin note] Johnson & wife To Holmes This Indenture, made Eighteenth day of Nov: in the year of our lord one thousand eight hundred and nine, and in the thirty fourth Year of the Commonwealth of Virginia Between Moses Johnson and Polly, Johnson his wife, of the parish of Nottoway and county of Southampton of the One part, and Soloman Holmes of the Parish and County aforesaid of the other part, Witnesseth, that for and in Consideration of the Sum of Sixty five Pounds, by the Said Soloman Holmes to the Said Moses Johnson in hand Delivered at or before the Sealing and delivery hereof the receipt whereof the Said Moses Johnson doth hereby Acknowledge they the Said Moses Johnson and Polly Johnson his wife, have granted bargained, Sold, Aliend, Enfeofd. and Confirmed and by these presents do grant bargain, Sell, Alien, release, Enfeoff and Confirm unto the Said Soloman Holmes, his heirs and assigns for every and all that tract or parcel of Land (formerly part of the property of Benjamin Britt Senr. Deceased) and Premises Situate lying and being in the County of Southampton aforesaid, Containing by Estimation Sixty six Acres, More or less and bounded as followeth Vizt.- By the line of Soloman Holmes Moses Johnson Matthew Britt and Lucy Williamson, the Same being a Part of a tract [page break] [p.] 85 of Land the Said Moses Johnson purchased of the Estate of Benjamin Britt Senr. Deceased, relation thereunto, being had as may more fully Appear and all houses, Orchards, Commodities, Hereditaments and appertenances,_what =soever to the Same belonging or in any wise Appertaining and the reversion and reversions remainder and remainders, rents Issues, and profits thereof, and also, all the estate, right title, Interest property claim and demand what =Soever of them the Said Moses Johnson and Polly Johnson his wife & their heirs of in or to the Said Tract or parcel of land and premises and every part thereof to have and to hold the Said bargained land and premises, and all and Singular the appurtenances thereunto belonging, unto the Said Soloman Holmes his heirs and assigns to the Only proper use and behoof of him the Said Soloman Holmes his heirs and assigns forever. And the said Moses Johnson and Polly Johnson his wife for themselves and their heirs, the said tract or parcel Land and premises and every part thereof against them and their to the Said Soloman Holmes, his heirs and Assigns Shall and will warrant, and forever defend by these presents In Witness whereof the Said Moses Johnson and Polly Johnson his wife have hereunto set their hands and seals the day and date above written._ Signed Sealed and delivered} his in the presence of } Moses + Johnson ĪSealĪ Wm. Bailey } mark Jno. Urquhart } her Wm. Lawrence } Polly + Johnson ĪSealĪ mark Southampton County Sct The Commonwealth of Virginia to Simon Boykin and William Bailey Gentlemen justices of the Peace for the County aforesa =id whereas Moses Johnson & Polly his wife have by their Certain Indenture of bargain and Sale dated the 15th day of November 1809 Conveyed unto John Urquhart of the County of Southampton the fee Simple estate of and in Sixty Six acres of land and whareas the said Polly Johnston Cannot Conveniently travel to the Court of our Said County to Acknowledge the Same therefore we do give to you power to receive the acknowledge ment which the Polly Johnston Shall be willing to make [page break] [p.] 86 [in modern pen] before you of the Conveyance aforesaid Contained in the Said Indenture which is hereto annexed and we do Command you to go personally to the Said Polly Johnston_ and examine her privately and apart from her husband whether She hath executed Executed the Said deed freely and Voluntarily without the pursuasion or threats of her said hunsband and whether She be willing the Said Indenture Should be recorded in the County [court] of Southampton and when you have examined her as aforesaid and taken her acknowledgement of the [same] that you distincly and Openly Certify us [t]hereof under your hands and Seals Returning to us also this Writ with the Said Indenture annexed Witness Saml. Kello Clerk of our Said Court at his office the 18th day of July 1809 and in 34th year of the Commonwealth Saml. Kello In Obedience to the within Commission to us directed bearing date July 18th 1809 We have this day examined Polly Johnston (wife of Moses Johnston) privately of & a part from her Said hunsband whether She Signed the Annexed Indenture without the pursuasion, or threats of her husband , and whether She was willing the Same Should be recorded in the County Court of Southampton, And She Said, She did Sign Seal & acknoledge the annexed Indenture without the pursuasion, or threats of her hunsband, & that She was willing the Same Should be recorded in the County Court aforesaid _ Given under our hands and Seals this 14th day of December 1809 W. Bailey ĪSealĪ Samuel Boykin ĪSealĪ At a Court held for the County of Southampton On the day of December 1809 This Indenture was acknowledged by Moses Johnson Party hereto and with a Commission for the Privy axamination of Mrs. Johnson and a Certificate of its execution returned is ordered to be recorded Southampton Co., VA, Deed Book 12 (1808-12), pp. 84-86 The Library of Virginia (LVA), Richmond, VA, Southampton Microfilm Reel 6 Min.Bk 1809-13:64,66 At a Court held for the County of So.ampton December the 18th. 1809. [...] Johnson &w to Holmes Deed ackd. coms. &c. retd. & OR. = [...] Southampton Co., VA, Court Minute Book 1809 - 1811, pp. 64, 66 The Library of Virginia (LVA), Richmond, VA, Southampton Microfilm Reel 32 ****************************************************************************** Additional information: Benjamin BRITT died intestate before 16 Feb 1807, when Wm. BAILEY was granted administration on Benjamin's estate (OB1804-06:247, 249). At his death, Benjamin owned a 200-acre tract. An account current of BAILEY's administration of the estate, returned Feb 1809 (WB6:629-30), is posted at: http://files.usgwarchives.net/va/southampton/wills/b630b5ad.txt His daughters & their husbands - including Moses & Polly (BRITT) JOHNSON - instituted a "friendly suit in Chancery" against Benjamin's widow Ann BRITT, to have her dower (1/3) laid off and the remainder sold. The court decreed that should be done, and appointed the commissioners to execute the same. The suit, styled LAWRENCE et ux. et. al. v. BRITT, is posted at: http://files.usgwarchives.net/va/southampton/court/1808_007.txt Moses JOHNSON bought a 200-acre tract 16 Jan 1808 from the commissioners appointed to set aside the widow's dower and sell the entire tract belonging to the estate of Benjamin BRITT. A transcription of the deed (DB11:414-15), with the relevant court orders appended, is posted at: http://files.usgwarchives.net/va/southampton/deeds/11db414.txt This deed (DB12:84-86) seems likely to be that dower tract, having reverted to Moses after Ann's death. Moses JOHNSON secured his bonds to the commissioners by executing a deed of trust on the tract as well as personal property, to William BAILEY, for the benefit of William LAWRENCE and Timothy TYNES. A transcription of the deed (DB12:04-05) is posted at: http://files.usgwarchives.net/va/southampton/deeds/12db004.txt [BAILEY, BOWDEN, BOYKIN, BRITT, CRUMPLER, HOLMES, JOHNSON, LAWRENCE, TINES, TYNES] file at: http://files.usgwarchives.net/va/southampton/deeds/12db084.txt