DEED Tyler Co. WV Baltis Higgins & wife Deed Book 12, Page 457 to James Fletcher Deed for Lots 105-114, Middlebourne This deed made the 24th day of December 1852 Between Baltis Higgins and Mary Higgins wife of the said Baltis of Tyler County and State of Virginia of the first part and James Fletcher of said County and State of the second part, Witnesseth that whereas the said Baltis Higgins on the 9th day of August 1851 was indebted to Thomas Drakely in the sum of Seven hundred and seventy nine dollars and eight cents, for which he executed to said Drakely four sealed notes dated on the said 9th of August 1851 and payable in one, two, three and four years from the said date, with interest on all from the date aforesaid and for the purpose of Securing the payment of said sum of $779.08 to said Drakely at the time each instalment became due, said Baltis Higgins and Mary his wife executed to me Daniel Darragh, as trustee, a Deed of Trust upon two lots of land in the town of Middlebourne in the County of Tyler aforesaid, to wit, lots Nos. 105 and 114 as laid down in the plan of said town, with condition in the said trust Deed that if the said instalments are not paid off as they become due that said Darragh shall sell said lots, and for further conditions if said trust reference is had threto, the same being of record in the Clerk's Office of the County Court of Tyler County aforesaid; Now this indenture witnesseth, that in the consideration that the said party of the second part shall pay to Thomas Drakely his Executors, administrators or assigns the said sum of $79.08 (or so much thereof as now remains unpaid, in instalments, as set out in said trust Deed, and according to the terms of the same, and shall fully satisfy and discharge said trust Deed, and for the further consideration of four hundred dollars for which said James Fletcher executed four several single bills bearing date on the same day with this Deed as follows; for one hundred dollars payable to Lewis and Ralph Smith, on or before the first day of April next after the date thereof, for one hundred dollars payable to Baltis Higgins or before the 1st day of April 1853 with interest thereon from the 31st day of October 1851; for one hundred dollars payable to Baltis Higgins on or before the 1st day of April 1854 with interest thereon, from the 31st day of October 1851; and for one other hundred dollars payable to Baltis Higgins on or before the 1st day of April 1855 with interest thereon from the 31st day of October 1851, the said partiesof the first part do grant unto the said party of the second part all their right, title and interest in and to the two lots or parcels of ground herebefore named and fully described in the trust Deeds aforesaid, it being the tavern property now in the possession of Lewis and Ralph Smith in the town of Middlebourne aforesaid; The said parties of the first part hereby reserve as a lien upon the said property hereby intended to be conveyed the whole amount of the consideration for the same as hereinbefore set out. The said Baltis Higgins covenants that he will warrant generally the property hereby conveyed. Witness the following signatures and seals: B. Higgins Seal Mary Higgins Seal I, David Hickman, Clerk of Tyler County Court in the State of Virginia, do certify that Baltis Higgins & Mary Higgins his wife, whose names are signed to the writing annexed bearing date on the 24th day of December 1852 this day personally appeared before me in my office and acknowledged the same. And the said Mary Higgins being by me examined privily and apart from her said husband & having the writing aforesaid fully explained to her, she the said Mary Higgins acknowledged the said writing to be her act, and declared that she had willingly executed the same, and does not wish to retract it, and thereupon the said Deed was admitted to record. December the 28th 1853. Teste D. Hickman, Clerk DEED James Fletcher and wife Deed Book 12, Page 457 Deed of Trust for 250 Acres of Land Thomas J. Stealey Trustee This deed made the 7th day of February in the year 1857 by James Fletcher and Mary his wife parties of the first part and Thomas J. Stealey party of the Second part. Witnesseth that said parties of the first part do hereby grant unto the said Thomas J. Stealey the following property Towit: a tract of land lying and being in the County of Tyler and State of Virginia and bounded as followeth. Beginning at a W. oak corner to James Smith and with his line N. 70 E 240 poles to a Sassafrass corner James Smith. Thereon S 20 E 167 poles to a stone corner to W. W. Gorrell, and with his line S 70 E 240 poles to a stone corner to said Gorrell, Thence N 20 W 167 poles to the Beginning Containing Two Hundred and fifty acres more o rless. In Trust to secure a debt of Four Hundred and Thirty one dollars and forty three cents due James Stealey, as follows. One Hundred and Thirty one dollars and forty three cents the first day of April 1859. And Three Hundred dollars in three equal payments of One Hundred dollars each in one, two, and three years from the first day of April 1859. Witness the following Signatures and Seals the day and year first above written. James Fletcher Seal Mary Fletcher Seal Clerks Office of Tyler County Court February 8th 1859. This deed of Trust from James Fletcher and Mary Fletcher his wife to Thomas J. Stealey Trustee to secure the payment of a debt therein mentioned to James Stealey bearing date the 7th day of February 1859 was presented in the Clerks Office aforesaid and acknowledged by the Said James Fletcher and Mary his wife. And she the said Mary Fletcher being by me Examined privily and apart from her said husband, and having the . . . . deed fully explained to her, acknowledged the same to be her act, and declared that she had willingly Executed the Same. And does not wish to retract it. And Thereupon the said deed was admitted to record. Teste D. Hickman, Clerk A Copy TEste D. Hickman, Clerk DEED, 1859 250 Acres, Middle Island Creek Tyler County, West Virginia Deed Book 14, page 169 This deed, made the third day of January in the Year of Our Lord one Thousand Eight Hundred and fifty nine between James Stealey and Nancy Stealey his wife of the first part and James Fletcher of the Second part Witnesseth: that in Consideration of the Sum of Seven Hundred dollars the receipt of which is hereby acknowledged the said parties of the first part do grant unto the said party of the second part the following described property, that is to say, a tract of Land lying and being in the County of Tyler and State of Virginia and situate on the waters of Middle Island Creek and bounded as followeth: Beginning at a W. oak corner to James Smith and with his line N 70 E 240 poles to a Sassafras corner . . . . to James Smith, Thence S 20 E 167 poles to a Stone corner to W. W. Gorrell and with his line S 70 W 240 poles to a Stone corner to said Gorrell and Thence N 20 W 167 poles to the Beginning Containing Two Hundred and fifty acres more or less. And the said parties of the first part do hereby Covenant with the said party of the Second part that they will Warrant Specially the property hereby conveyed. Witness the following Signatures and Seals. James Stealey Seal Nancy Stealey Seal Clerks Office of Tyler County Court February 8th 1859. This Deed of Bargain and Sale from James Stealey and Nancy Stealey his wife to James Fletcher bearing date the 3rd day of January 1859 was presented in the Clerks office aforesaid and acknowledged by the said James Stealey and Nancy his wife. And the aforesaid Nancy Stealey being by me Examined privily and apart from her said Husband and having the said deed fully explained to her, acknowledged the Same to be her act and deed and declared that she had willingly Executed the same and does not wish to retract it. And Thereupon the said deed was admitted to record. Teste D. H. Hickman, Clerk A Copy Teste D. Hickman, Clerk DEED William Brown & wife Deed Book 7, Page 94 to Vincent Fletcher Deed for 40 Acres, Pitts Run This Indenture made this first day of May in the year of our Lord one thousand eight hundred and thirty eight between William Brown and Esther his wife of the County of Tyler and State of Virginia of the one part and Vincent Fletcher of the same place of the other part. Witnesseth that the sd. parties of the first part have this day sold to the 2nd sd. party of the second part a certain tract or parcel of land lying and being in the County of Tyler and State of Virginia aforesaid and on Pitt's run a branch of Middle Island Creek for and in Consideration of the Sum of two hundred Dollars to the sd. William Brown in hand paid the receipt whereof is hereby acknowledged hath sold, granted bargained remised released and confirmed unto the sd. Vincent Fletcher his heirs and assigns forever and the sd. William Brown and Esther his wife for themselves their heirs, Executors, administrators and assigns doth sell grant bargain remise release and confirm unto the sd. Vincent Fletcher his heirs and assigns all the above named tract or parcel of land bounded as follows to wit, Beginning at a Sugartree on the Creek bank thence South 35º West 115 poles to a B. Oak, thence South 62º E 108 poles to a Red Oak thence with an agreed line on the East Side of Pitts run until near the mouth of sd. run where it crosses sd. Run to the West Side and corners on an Ash near the creek bank thence down the creek north 28º w 30 poles to the beginning Containing forty acres be the same more or less, to have and to hold the above described tract of land to the only proper use of the sd. Vincent Fletcher his heirs and assigns and that they the sd. William Brown and Esther his wife their heirs and assigns will forever warrant and defend the above described tract of land to the sd. Vincent Fletcher his heirs and assigns against all persons lawfully claiming or to claim the whole or any part thereof. In Witness whereof the parties of the first part have hereunto Set their hands and Seals the day and year first above written. Signed, Sealed, and Wm. Brown Seal Delivered in presents of Esther Brown Seal (her mark) Tyler County, Va. We W. Wells and W. Underwood Justices of the peace in and for the aforesaid County of Tyler and State of Virginia do hereby certify that William Brown and Esther his wife parties to the within deed personally appeared before us in our sd. County and that the sd. William Brown acknowledged the same to be his act and deed and desired us to certify the sd. acknowledgment to the Clerk of the County Court of Tyler County in order that the same may be recorded, and also that Esther Brown party to the within deed being by us examined privily and apart from her husband and having the deed aforesaid fully explained to her, she the said Esther Brown acknowledged the same to be her act and deed and declared that she had willingly Signed, Sealed and delivered the same that she wishes not to retract it. Given under our hands and Seals this 1st day of May 1838. Wm Wells Seal W. Underwood Seal Tyler County Court, August Term 1838; This deed of bargain and sale from William Brown and his wife to Vincent Fletcher was presented in Court and ordered to be recorded together with the Certificate thereunto annexed. Teste D. Hickman, Clerk DEED, 1859 250 Acres, Middle Island Creek Tyler County, West Virginia Deed Book 14, page 169 This deed, made the third day of January in the Year of Our Lord one Thousand Eight Hundred and fifty nine between James Stealey and Nancy Stealey his wife of the first part and James Fletcher of the Second part Witnesseth: that in Consideration of the Sum of Seven Hundred dollars the receipt of which is hereby acknowledged the said parties of the first part do grant unto the said party of the second part the following described property, that is to say, a tract of Land lying and being in the County of Tyler and State of Virginia and situate on the waters of Middle Island Creek and bounded as followeth: Beginning at a W. oak corner to James Smith and with his line N 70 E 240 poles to a Sassafras corner . . . . to James Smith, Thence S 20 E 167 poles to a Stone corner to W. W. Gorrell and with his line S 70 W 240 poles to a Stone corner to said Gorrell and Thence N 20 W 167 poles to the Beginning Containing Two Hundred and fifty acres more or less. And the said parties of the first part do hereby Covenant with the said party of the Second part that they will Warrant Specially the property hereby conveyed. Witness the following Signatures and Seals. James Stealey Seal Nancy Stealey Seal Clerks Office of Tyler County Court February 8th 1859. This Deed of Bargain and Sale from James Stealey and Nancy Stealey his wife to James Fletcher bearing date the 3rd day of January 1859 was presented in the Clerks office aforesaid and acknowledged by the said James Stealey and Nancy his wife. And the aforesaid Nancy Stealey being by me Examined privily and apart from her said Husband and having the said deed fully explained to her, acknowledged the Same to be her act and deed and declared that she had willingly Executed the same and does not wish to retract it. And Thereupon the said deed was admitted to record. Teste D. H. Hickman, Clerk A Copy Teste D. Hickman, Clerk USGenWeb Project NOTICE: In keeping with our policy of providing free information on the internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may not be reproduced in any format for profit, nor for commercial presentation by any other organization. Persons or organizations desiring to use this material for purposes other than as stated above, must obtain express written permission from the author, or the submitter and from the listed USGenWeb Project archivist.