Submitted by Kathy Turner December 30, 2010
Mecklenburg Co., VA Deed Bk 4, pp. 53-54
Toone to Marable: This Indenture made on this twenty first day of April in the year of Christ one thousand seven hundred and seventy three between Lewis Toone the County of Mecklenburg of the one part and Mathew Marable of the same place of the other part Witnesseth that for and in consideration of the sum of sixty one pounds nineteen shillings and ten pence current money of Virginia which he the said Lewis Toone justly indebted to the said Mathew Marable and honestly desire to secure and pay to him; and for and in the further consideration of the sum of five shillings like money to the said Lewis Toone in hand paid by the said Mathew Marable at and before the sealing and delivery of this the receipt whereof he doth acknowledge and thereof and of every part thereof doth exonerate and discharge the said Mathew Marable his heirs Executors and Administrators, he the said Lewis Toone hath granted, bargained, sold, and confirmed and by these presents doth grant, bargain, sell, and confirm to the said Mathew Marable his heirs and assigns forever, one gray horse called Jack which the said Toone had of one Race, one bay mare which he the said Toone had in swap with his son Lewis, twenty two head of hoggs marked with cross and under keel in the left and a stott and under keel in the right ear, two feather beds and furniture, and all other his household furniture of whatsoever kind with all the appurtenances belonging or in any wise appertaining to the premises hereby granted or intended to be granted, and the reversion and reversions remainder and remainders and all services, benefits, and profits of the said horse etc. and premises and all his rights, claims, interest, and securities relating to the same To have and to hold the said horse, mare, household furniture and other premises unto the said Mathew Marable his heirs and assigns forever to the only proper use and behoof of him the said Mathew Marable his heirs and assigns forever and the said Lewis Toone doth hereby grant for himself and his heirs that the said Lewis Toone and his heirs and every of them shall and will warrant and forever defend the said horse etc. and other Premises and every part and article thereof, with all and singular their rights and appurtenances unto the said Mathew Marable his heirs and assigns forever against him the said Lewis Toone and his heirs, and every of them and against every other person whomsoever upon Trust Nevertheless that the said Marable his heirs Executors Administrators or Assigns shall after the first day of October in the year of Christ one thousand seven hundred and [seventy] three or as soon as the said Mathew Marable his heirs Executors Administrators or Assigns shall think as the said Lewis Toone shall request him (whichever of these two circumstances shall first happen) sell for the best price that can be gotten, after giving ten days publick (sic) notice, the said [word(s) missing] and premises and out of the money arising from such sale discharge, pay, and satisfy to the said Mathew Marable the above mentioned sum of sixty one pounds nineteen shillings and ten pence with lawfull interest from the twenty first day of April one thousand seven hundred and seventy three until the same shall be fully discharged, and the expences attending the drawing and recording [of] this Indenture, and the contingent charges of the sale as aforesaid and other necessary expences that shall attend the securing and obtaining the above mentioned money, or performing anything that is or shall be necessary relative to the intent of this Indenture; and that the said Mathew Marable his heirs Executors, Administrators or Assigns shall pay or made to be paid for overpayment of any ? from ? debts to the said Lewis Toone his heirs Exec., administrators or to his Order. In Witness whereof the said Lewis Toone hath hereunto set his hand and seal on the day and year first above written.
Sealed and delivered
in the presence of
Daniel Thweatt Lewis Toone (seal)
At a Court held for Mecklenburg County the 10th of May 1773 This Deed of Trust was acknowledged by Lewis Toone party thereto and ordered to be recorded.
John Tabb CMC