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1849 Indenture/Deed from Elitha Smith

Transcript

Transcribed by Michael Hill from a photocopy made by Robert Hill in 1992 at the Patrick County Court House of Deed Book 14, pages 87-88.

My comments are in square brackets. A question mark in square brackets means that I was unsure of the preceding word. The scanned images are below; let me know if you can provide any corrections to my transcription.

87

[In left margin at top:]
W Mankins
from Deed
Elitha Smith &c
[end of left margin at top]

This Indenture entered into this 31st day of October, Eighteen hundred and forty nine, between Elitha Smith, widow of Joseph Smith deceased, Ewell Smith & Massy his wife, Fulkes G. Smith & Mary Ann his wife, George Smith & Sarah his wife, Purvis Ayers & Emberzetta his wife, heirs at law of the said Joseph Smith dec'd of the first part, & William Mankins & Harriet his wife, hiers at law of the said Joseph Smith of the second part. Witnesseth that whereas in the division of the estate of the said Joseph Smith, a certain tract of land hereafter described was allotted to the parties of the second part. Now we the parties of the first part, being the widow and remaining heirs of said Joseph Smith, do hereby aleen[?] & convey release and confirm unto the said parties of the second part, the land allotted as afore said consisting of three tracts all adjoining, containing four hundred and ninety acres, more or less, lying and being in the county of Patrick on both sides of the Ararat & bounded as follows, to wit. No.1. Beginning at a certain marked chestnut stump Benjamine Sandreths old corner. North 45 E230 poles to a maple S120 poles to a spanish oak, S65 W80 poles to a black oak, S20 E40 poles to a white oak. S45 W120 poles to apine N40 poles to a chestnut west to Mumford Smiths line thence with his line to William McMillions line. Thence with his line to the beginning. No 2. Beginning at a white oak, 565 W120 poles to a white oak. So[?]71 W 60poles to a white oak. N77 W30 poles to a red oak. S34 W60 poles to a white oak, S81 E60 poles to a chestnut tree S30 E120 poles to pointers N50 E230 poles to a white oak. N42 W86 poles to a red oak. W26 poles to the first station. N3. Beginning on the north side of the Ararat at a red oak formerly Benjamin Sandrish old line, thence with James Dillard & William McMillions lines, land they purchased at Thomas Delard[?] dec'd "sale"[?] to a sowerwood[?], thence a new chopped line running a south western direction croping three branches of the aforesaid Ararat to a Black gum in William McMillions line, land he purchased of Eliah[?] Beller. Thence with his line to Benjamin Sandrichs line. Thence with his line to the aforesaid red oak corner. To have and to hold unto them the aforesaid parties of the second part, to them and their heirs forever.

In testmony whereof the parties of the first part have hereunto set their hand and seals the day and date above written.

The word "of the first" interlined[?] lines before signed & sealed & delivered

Elitha Smith (seal)
Ewell Smith (seal)
Massy Smith (seal)
Fulks G. Smith (seal)
Mary A. Smith (seal)
George Smith (seal)
Sarah Smith (seal)
Purvis Ayres (seal)
Emberzetta Ayres (seal)

Patrick County to wit

We Martin Cloud & James Soyars justices of the peace in the county aforesaid in the state of Virginia do hereby certify the Elitha Smith Ewell Smith & George Smith & Purvis Ayers parties to a certain deed bearing date on the 31st day of October 1849 and hereunto annured[?] personally appeared before us in our


88

county aforesaid on the 31st day of October 1849, and acknowledged the same to be their act and deed, and desired us to certify said acknowledgement to the clerk of the county court of Patrick in order that the said deed may be recorded. Given under our hands and seals this 31st day of October 1849.

Martin Cloud (seal)
James Soyars (seal)

Patrick County, to Wit.

We Martin Cloud and James Soyars, justices of the peace for the county aforesaid in the state of Virginia, do hereby certify the Emberzetta Ayres, wife of Purvis Ayres, parties to a certain deed bearing date on the 31st October 1849, and hereunto annured[?] personally appeared before us in our county aforesaid and being examined by us privily[?] and apart from her husband and having the deed aforesaid fully explained to her she the said Emberzetta Ayres acknowledged the same to be her act and deed, and declared that she had willingly signed sealed and delivered the same, and that she wished not to retract it. Given under our hand and seals this 31st day of October 1849.

Martin Cloud (seal)
James Soyars (seal)

Patrick County, to Wit.

We Martin Cloud & David B. Hatcher justices of the peace in the county aforesaid in the state of Virginia, do hereby certify the Sarah Smith wife of George Smith parties to a certain deed bearing date on the 14th day of Sept 1851 and hereunto annured[?] appeared before us in our county aforesaid and being examined by us privily[?] and apart from her husband, and having the said deed fully explained to her acknowledged the same to be her act and deed, that she had willingly signed sealed and delivered the same and wished not to retract it.

Given under our hands and seals, this 14th day of september 1850

Martin Cloud (seal)
David B Hatcher (seal)

In Patrick Clerks office 30th July 1851.

This deed of bargain and sale from Elitha Smith Ewell Smith Fulkes G. Smith, George Smith & Sarah Smith his wife and Purvis Ayres & Emberzetta with the certificates of acknowledgments thereon and relinquishment of dower[?] thereon endorsed was examined in the clerks office aforesaid and admitted to record.

Teste
A Staples (seal)

Scanned Images of Originals