Indenture from Wm. G. Smith et al to William H. Wescoat - Transcribed by Gail M. Walczyk

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Wm. G. Smith, comr, et al,
William H. Wescoat

An Indenture made this the 3th day of November in the year 1849, between William G. Smith Commissioner as herein after set forth and described and Edward W. Nottingham of the first part, and William H. Wescoat of the other part, all of Northampton County, Whereas by the decree pronounced by the circuit Superior Court of law and chancery for the County of Northampton, at the October term in the year 1849, it was amongst other things ordered, adjudged and decreed that the report of sales was made by William G. Smith, and filed on the 1th day of October 1845, and all things therein contained, do stand ratified and be absolutely confirmed, And it was further ordered, that the said William G. Smith, Commissioner of sales, do convey by deed with special warranty to William H. Wescoat the Cherry Grove estate, purchased by him, with sufficient and proper description thereof, and that Edward W. Nottingham do unite in the said deed, or by a separate deed release his mortgage on the said estate to ther said William H. Wescoat: all which will the more fully and particularly appear reference being had to the said decree and the proceedinge in the said suit: And whereas also William S. Floyd and Ann T. his wife by deed bearing date on the 10th day of February in the year 1843, did for the consideration therein expressed, convey the said Cherry Grove estate in Mortgage to the said Edward W. Nottingham: all which will fully reference being had to the said deed of record in the clerk's office of the County Court of Northampton: And whereas also, since the execution of the said deed of mortgage the principle and interest of the sum of money thereby securred, has been paid off,m and satisfied to the said Edward W. Nottingham, Now, therefore this Indenture witnesseth, that the said William G. Smith, commissioner as aforesaid, and the said Edward W. Nottingham in obedience to the said decree and for and in consideration of the payment of the purchase money mentioned in the proceedings in the said suit, by the said granted, bargained, sold, released and confirmed, and by these presents Do, and each of them Doth grant, bargain, sell, release, confirm and assign the said tract or parcel of land called "Cherry Grove," situated in Savages Neck in the said County, containing six hundred and eighteen acres more or less, and bounded on the North by the lands of William E. Wilkins, on the east by the lands of Edward W. Nottingham, and Cherrystone Creek: on the south by Cherrystone Creek and on the west by the Chesapeake Bay, together with the appurtenances: to have and to Hold the said tract or parcel of land, together with the tenements, hereditaments and all and singular the premises and appurtenances thereunto belonging, or in any wise appertaining unto him the said William H. Wescoat, his heirs and assignes forever: and the said William G. Smith, commissioner as aforesaid and the said Edward W. Nottingham for themselves, respectively and severally, and not one for the other, and each for his heirs, executors and administrators, do covenant, promise and agree to and with the said William H. Wescoat, his heirs, and assigns to warrant and forever defend the same free form the lawful claims and demands of all persons claiming the same by, through or under the said William G. Smith, commissioner as aforesaid Edward W. Nottingham, In testimony whereof, the said William G. Smith, commissioner as aforesaid, deed the said Edward W. Nottingham have hereunto set their hands and seals, the day and year first above written
William G. Smith
Edward W. Nottingham

Signed Sealed & Delivered
in the presence ofLeonard B. Nottingham
John A. Simkins
V A Nottingham
Miers W. Fisher to E. W. N.

At a court held for Northampton County the 8th day of July 1850,
This deed from William G. Smith, commissioner &c, and Edward W. Nottingham to William H. Wescoat, was acknowledged to be their act and deed and ordered to be recorded.
LaFayette Harmanson, Clerk


_____. Northampton County Virginia Deeds etc 1846-1850, p. 565. (NOTE: Copy of the original Document supplied by Nancy W. Garrett.)

© Copyright 2012 by Gail M. Walczyk