Return to Mecklenburg Co., VA Miscellaneous Land Records

 

 Submitted by Kathy Turner December 30, 2010

 

Mecklenburg Co., VA Deed Bk 23, pp. 264-265:

 

Toone to Russell: This Indenture made the 10th day of July one thousand eight hundred and twenty eight between Thomas Toone and Winny his wife of the County of Mecklenburg of the one part, and William Bacon and Lyddall Bacon of the sec. part, and Richard Russell of the third part. Whereas the said Thomas Toone and Winny his wife is justly indebted to the said Richard Russell in the sum of one hundred and thirty five dollars and five cents to be paid on the first day of August one thousand eight hundred and twenty eight as by a bond bearing date on the 5th day of July in the year 1828 more fully appears (?) or which debt the said Thomas Toone and Winny his wife is willing and desir. to secure. Now this Indenture witnesseth that for and in consideration of the premises and also for the further consideration of one dollar of lawful money of Virginia to the said Thomas Toone and Winny his wife on hand paid by the said Wm Bacon and Lyddall Bacon at and before to ensealing and delivery of third presents the receipt whereof is hereby acknowledged he(?) that said Thomas and Winny has conf. hath given granted bargained sold claimed enfeoffed released and confirmed and by these presents doth give grant bargain sell claim enfeoff release and confirm to the said William Bacon and Lyddall Bacon their heirs and assigns forever all that tract or parcel of land lying and being in the County of Mecklenburg in the State of Virginia containing sixty and more or less and bounded by the lands of James Garner, Richard Rufus and Frances Barnes and to following (sic) property to wit all his household & kitchen furniture 3 head of cattle 12 head of hogs & plantation for with all and singular the appurtenances to the said tract or parcel of land belongs or in any wise appertaining (sic) and all do (sic) estate right title of the said Thomas Toone and Winny his wife in and to the said granted or intended to the hereby granted tract or parcel of land and premises, To have and to hold the said hereby granted tract or parcel of land and premises with its appurtenances with the said William Bacon and Lyddall Bacon ? have ? ? ? of forever and the said Thomas Toone and Winny his wife for themselves their heirs their admors and assigns forever and the said Thomas Toone and Winny his wife doth hereby covenant promise and agree to and with the said William Bacon and Lyddall Bacon their heirs Exors admors and assigns forever in manner and form following that is to say that the said Thomas Toone and Winny his wife their heirs Exors and admors (word or words missing) the aforesaid tract or parcel of land and premises with its appurtenances and the said William Bacon and Lyddall their heirs exors admors and assigns against all persons whatever shall and will warrant and forever defend by these presents upon trust nevertheless that the said William Bacon and Lyddall Bacon their herids exors and admors shall permit the said Thomas Toone and Winny his wife to remain in quiet and peaceable possession of the said tract or parcel of land and premises with its appurtenances and take do (sic) profits thereof to his own use until default of payment be made of said sum of money one hundred and thirty five dollars & 5 cents either in the whole or in part and then upon this further trust that they or either of them or the survivour (sic) of them or the heirs exors admors or assigns of such survivor  shall and will so soon after the happening of such default of payment as they or any or either of them or the survivor of them or the heirs exors admors and assigns of such survior may think proper or the said Richard Russell his Exors admors or assigns shall request sell the said tract of land and premises with the appurtenances or such part of the hereby granted premises as the trustee or trustees or the representatives hereby authorized to act shall think sufficient for the purpose and shall think proper to sell to the highest bidder for ready money at public auction after having ? the time and place of sale at their own discretion and giving twenty days' notice thereof in one or more of the newspapers printed in Richmond and also notified the same by advertisement is to be set up at the door of the Courthouse of Mecklenburg County one some (sic) court day previous to the day of sale and ? of the money arising from such sale shall after satisfying the charges thereof and other expences (sic) attending the premises pay the said Richard Russell his heirs admors and assigns the said sum of one hundred and thirty five dollars and five cents with interest which may thereon lawfully have accrued and the balance of any shall pay the said Thomas Toone and Winny his wife their heirs, exors or admors or assigns but of the whole of said sum of money one hundred and thirty five dollars and five cents shall be paid off and discharged the said Richard Russell his heirs exors admors or assigns on or before the 1st day of August, one thousand eight hundred and twenty eight when the same is payable so that no default of payment of the said sum of one hundred and thirty five dollars and five cents be made them this Indenture to be void or else to remain in full force and virtue, In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year above written.

sealed and delivered                                                         Thomas Toone (his mark) (seal)

In presence of                                                              Winny Toone (seal)               

                                                                                    Lyddall Bacon, Jr. (seal)

                                                                                    Richd Russell (seal)

 

Mecklenburg County, to wit,

                        We Peyton R. Burwell and Abram Keene Justices of the peace in the County aforesaid in the state of Virginia do hereby certify that Thomas Toone a party to a certain deed bearing date the 10th July 1828 and hereunto annexed personally appeared before us in our County aforesaid and acknowledged the same to be his act and deed and desired as to certify the said acknowledgement to the Clerk of the County Court of Mecklenburg in order that the said deed may be recorded.

                        Given under our hands and seals this 10th day of July 1828.

 

                                                                                    J. R. Burwell (seal)

                                                                                    Abm. Keene

 

Mecklenburg County, to wit,

                        We Peyton R. Burwell and Abram Keene Justices of the peace in the County aforesaid in the sate of Virginia do hereby certify that Winny Toone thewife of Thomas Toone parties to a certain deed bearing date 10th July 1828 and hereunto annexed 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 Winny Toone 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 hands and seals (sic) this 10th day of July 1828

 

                                                                                    J. B. Burwell (seal)

                                                                                    Abm. Keene (seal)

Mecklenburg Clerks office 21st day of July 1828.

                        The foregoing deed of trust together with the certificate of acknowledgement and relinquishment of dower thereon endorsed are this day received in the clerks office aforesaid in vacation and pursuant to an act of assembly in such cases made and provided is admitted to record.

                                                                                    Jno. G. Baptist, D.C.