
Ezell Deeds
Page 2
(This page was last updated )
Return to the VAGenWeb Mecklenburg County
Home Page
Return to the Mecklenburg Deeds
|
Page 2 of 3 12-B. 11/2/1805: Balaam Ezell from Yancey and Hamilton, trustee for the estate of John Mayes, 169 acres. Deed Book 12, Page 380. NOTE: Balaam Ezell is the son of Thomas Ezell, son of Timothy (1789) of George and Elizabeth Clark, of Timothy. Balaam first married a Liddy and on 11/12/1803 married Elizabeth Mayes. Balaam had many Deeds in Brunswick Co. before moving to Mecklenburg Co around 1800. He later moved to Trigg Co. Kentucky where he died. Phebe Hamblin. dau of Thomas Hamblin married Berryman Ezell, son of Balaam. This indenture, made this 2nd day of November in the year of our Lord one thousand eight hundred and five, between Zachariah Yancy and Charles Hamblin, of the county of Mecklenburg, state of Virginia, trustees, for the estate of John Mayes, deceased of the same county and state, of the other part Witnesseth that the said Zachariah Yancy and Charles Hamblin, executors of the said John Mayes Estate, for and in consideration of the sum of one hundred and fifty pounds and one shilling current money of the state of Virginia to them in hand paid for the benefit of them the heirs of the said John Mayes, deceased, and agreeable with the Last Will and Testament of the said John Mayes, the said trustees sell unto the said Balaam Ezell the receipt whereof is hereby acknowledged have sold____________a certain tract or parcel of land containing one hundred and sixty nine acres, be the same more or less, situated and lying and being in the Co. of Mecklenburg and bounded as follows: By the lands of Charles Ligon, William Davis, Richard______ Peter White--- Unable to read any further on this deed... Deed recorded in 1806. 13. 4/13/1807: William Ezell, under authority of the Court as Commissioner, sells 188 acres to Samual Jordan. this deed does not apply to Ezells, other than to show that William, son of Benjamin is County Commissioner of Mecklenburg Co. Deed Book 12, Page 212. 14. 10/14/1807: William Ezell sells to Thomas Watson, 100 acres, Book 13, page 308-09. This indenture, made the twenty-ninth day of October one thousand eight hundred and seven between William Ezell of the county of Mecklenburg and state of Virginia of the one part and Thomas Watson of the same county and state of the other part . Witnesseth, that for and in the consideration of the sum of one hundred pounds current money of Virginia by the said Thomas Watson to the said William Ezell, in hand paid, the receipt whereof he the said William Ezell doth hereby acknowledge, hate granted, bargained and sold and by these presents doth grant, bargain and sell unto the said Thomas Watson, his heirs and assigns, one certain tract or parcel of land in the County of aforesaid, containing by estimation one hundred acres, be the same more or less and is bounded as follows. BEGINNING on Aven's Creek opposite against Bramley Watson on a small white oak saplin; thence along the said Ezell line nearly a West course to Joseph Speeds deceased line to a rock or pointer; thence along said Speed's line to a white oak on William Lucas line on the Long Branch; thence along the said Lucas line to a corner black jack on the line to a third black jack corner on the said Lucas and Issac Holmes line; thence along the said Holmes' line to a white oak on the Creek; thence down the said creek as it meanders to the BEGINNING TO HAVE AND TO HOLD the aforesaid tract or parcel of land to the said Thomas Watson, his heirs and assigns forever, and the aforesaid William Ezell doth covenant to and with the said Thomas Watson, his heirs and assigns that he will forever warrant and defend the right and title of the aforesaid tract or parcel of land against the claim or claims of the said William Ezell and his heirs and assigns the claim or claims of all persons whatsoever claiming under his the said William Ezell. In witness whereof he doth herewith set his hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: William Ezell H. Baskerville John Dortch Edmond Rainey John Rainey David Dortch, Jr. Robert Nancy At a Court held for Mecklenburg County the 14th day of September, 1807 This indenture was proved by the oaths of William Baskerville, David Dortch, Jr. and Robert Nancy, witnesses thereto and ordered to be recorded. 15. 4/10/1809: Balaam Ezell, Sr. . signs deed of trust for debt owed estate of Mayes. Deed Book 14, Page 63 This could be the same property as described in item # 12-B---but the acreage is different. One 169 and this one for 176 acres... This indenture made and entered into this 10th day of August 1809 between Balaam Ezell of the County of Mecklenburg and state of Virginia of the one part; and Charles Hamblin of the said County and state of the second part, and Steven P. Poole of the third part: WITNESSETH, that the said Balaam Ezell is justly indebted to Zachariah Yancey and the said Charles Hamblin, Executors of the Estate of John Mayes, deceased, in the sum of 100 pounds and eight pence, Virginia money, secured by bonds as is specified in two bonds: one payable the 18th day of December, 1806 o 34 pounds; the other payable the 25th day of August, 1807 for which amount of 54 pounds, and being desirous that the said debts should be honestly paid and secured to be paid to the said Yancey and Charles Hamblin, Executors of said estate. And moreover, for and in consideration of the sum of six shillings to him the said Ezell in hand paid by the said Poole at and before the sealing and delivery of this indenture, hath granted, bargained, sold, aliened and confirmed with him the said Stephen A. Poole of the County of Mecklenburg, state aforesaid and to his legal representatives forever, the following mentioned property, to wit: one certain tract or parcel of land containing one hundred and seventy six acres, be the same more or less and bounded as follows: By the lands of Josiah Lucas, deceased, Charles Ligon, William Davis, Elijah Bower, and Peter________ it being the tract of land of the estate of John Mayes, deceased. TO HAVE AND TO HOLD the aforesaid mentioned land. About 20 lines unreadable-----continues on are bound immediately to pay off and satisfy the aforesaid debt and lawful interest thereon and expenses attending the execution of this indenture in law unto the said executors and in case of their death to their legal representatives the right proper to receive the same and the overplus, if any, there be remaining from the sale of the aforesaid mentioned tract of land after discharging the debt and interest aforesaid and all contingent charges accruing hereby the said Stephen S. Pool , trustee as aforementioned binds himself, his heirs and Executors and administrators agreed it is moreover continguanted? and agreed between the parties signing this indenture that the said Stephen S. Poole, trustee, his heirs executors, administrators hath full power herein granted by the said Balaam Ezell, for himself or in any case of his death his legal representatives to carry a good and lawful title in and to the aforesaid tract of land against the claims or claims of the said Balaam Ezell, his heirs and other persons by them or under him to the person or persons whoever he or they may be becoming the purchaser of the same should it be sold agreeable to the tenor of this indenture. In testimony whereof the before mentioned or named parties have hereunto set their hand and seals this day and year above written Signed and sealed in the presence of: Balaam Ezell Thomas A. Jones Charles Hamblin Todd Nelson Steven A. Pool Rudolph Vaughan Thomas Mays 16. 8/19/1811: Balaam Ezell to Thomas H. Mayes; Book 14, page 438, 439. Balaam sells the above 176 acres to Thomas H. Mayes. This is the final deed that I have found for Balaam Ezell, Sr. in Mecklenburg County. Balaam moved about this time to Trigg County, Ky., where he lived when he died. Same land as purchased from estate of John Mayes. This indenture, made this seventeenth day of August eighteen hundred and eleven between Balaam Ezell Sr. of Mecklenburg County, state of Virginia of the one part and Thomas H. Mayes of the same county and state of the other part; WITNESSETH that the said Balaam Ezell has for and in consideration of the sum of one hundred and seventy six pounds Virginia currency to him in hand paid, or secured to be paid by the said Thomas H. Mayes have granted, bargained, sold, aliened and confirmed and by these presents do grant, bargain, sell, alien and confirm unto the said Thomas H. Mayes and to his heirs and assigns forever, a certain tract or parcel of land lying and being in the County aforesaid and on the waters of Aven's Creek and bounded as follows: to witt: BEGINNING at a corner white oak in Paces and Overbys; thence along the said Paces line to three pointers in Ligons; thence along Ligon's line to Dot Northington's corner; thence along to Davis' to Bowens line; thence along the said Bowens' to a corner in Overby's line; thence to the BEGINNING corner white oak, it being the tract of land that I, the said Balaam Ezell, purchased of the Executors of John Mayes, deceased, containing 176 acres, be the same more or less TO HAVE AND TO HOLD the above mentioned tract of land with every part thereof, together with any profits and advantages thereto belonging, or in anywise appertaining unto him the said Thomas H. Mayes and to his heirs and assigns forever, and I, the said Balaam Ezell, my heirs and assigns will warrant and forever defend the right, title, claims or the demands of each and every person or persons whomsoever, of, in and to the said land and premises above mentioned in witness whereof I hereunto set my hand and affixed my seal this day and date above written. Signed, sealed and delivered in the presence of Balaam Ezell Wiley James, James Meaker, Charles Hamblin At a Court for Mecklenburg County the 19th day of August 1811 This Indenture was acknowledged by Balaam Ezell Sr., a party thereto and ordered to be recorded. 17. 3/22/1814: William Ezell, as county commissioner sells land to Blanton, by order of Court----Not Ezell property. Probably a foreclosed property. Deed Book 15, page 268 17-A. 12/3/1813: William Ezell, James Jones, trustees purchase 130 acres though Deed of Trust to Woodleif Cleaton Deed book 15, page 415. This Indenture made the third day of December in the year of our Lord one thousand eight hundred and thirteen, BETWEEN Woodleif Cleaton of the first part, William Ezell and James Jones, Trustees, of the second part, and John Nance of the third part. Whereas the said John Nance has become security this day for the said Woodlief Cleaton to William Ezell and Charles Baskerville in the sum of ninety pounds with interest from the third day of December, 1830, current money of Virginia for value received, as will more fully appear by bond bearing date with this indenture and made payable the third day of December one thousand eight hundred and fourteen, the payment of which debt, together with the legal interest accruing thereon, the said Woodleif Cleaton is desirous to save himself to the said John Nance for being security as aforesaid. Now, this indenture; WITNESSETH, that for in and in consideration of the debt above mentioned, and also for the further consideration of one dollar good and lawful money of Virginia to the said Woodlief Cleaton in hand paid by the said trustees at and before the unsealing and delivery of this indenture, the receipt whereof is hereby acknowledged; that he the said Woodleif Cleaton hath granted, bargained, sold, aliened, enforced, released and confirmed and by these presents doth grant, bargain, sell, alien and confirm to the said Trustees, their heirs, executors, administrators or assigns forever, the following property, to wit: one tract or parcel of land containing one hundred and thirty acres, more or less; one negro man named Joe which the said Cleaton bought of James Wilson; a dark grey mare eight years old; a sorrell horse five years old; two head of cattle marked with a crop and slit in the right ear and half moon in the left; one cow bought of James Mason, twelve head of hogs, with same marks at those of the two cows; three beds and furniture. TO HAVE AND TO HOLD to the only proper use of the said Trustees, their heirs and executors, administrators and assigns forever and the said Woodleif Cleaton doth for himself and his heirs, warrant and forever defend the right, title in and to the said land and other property unto the said trustees, their heirs, executors, administrators forever against the claims of him the said Woodleif Cleaton and his heirs, executors and administrators and all and every other person or persons whatsoever upon trust nonetheless the true intent and meaning of this Indenture is as follows: viz; If the said Woodleif Cleaton shall fail to pay, causing to be paid, on or before the third day of December next_____the date of this indenture the debt together with the legal interest accruing thereon unto the said William Ezell and Charles Baskerville, their heirs, executors, administrators and assigns, in full, then and in that case it shall and may be lawful for the said trustees, their heirs, executors and administrators and legal attorney or attorneys at the request of John Nance (the security) for the said Woodleif Cleaton, his heirs, executors, administrators or assigns to advertise at their public places near the place of sale, ten days before the day of sale, sell for ready money, the said tract of land above mentioned --and other property for the purpose aforesaid or so much thereof as will satisfy the debt, interest and the costs of carrying the indenture into full effects. In testimony whereof, the parties have hereunto affixed their hands and seals the day and date above written. Signed, sealed and delivered Woodleif Cleaton in the presence of: Jean Holmes Joes Watkins, Charles Baskerville John Nance Green Blanton, Thomas Watkins 18. 4/15/1815: William Ezell, as County Commissioner sells 160 ac to William Thomas by order of County Court. Deed Bk. 16, 198 19. 4/15/1815: William Ezell, as County Commissioner sells 163 acres to William Thomas. Deed Book 16 Page 199 19-A. 3/21/1819: Robertson Ezell buys from Zachariah Bugg 181 1/2 acres. Deed Book 17, page 695. NOTE; Robertson Ezell is the son of the above William Ezell and wife Elizabeth (?) This is the first time Robertson appears ad the first son of William. Other children named in his will of 1828, will appear in subsequent deeds. As seen in this deed, it is located on Taylors Creek and on Tammany Road, where many of the deeds of John Sr, John Jr., Benjamin, then William and now Robertson purchased and sold land. The names of adjoining property owners are also carried forward, i.e. Bugg, Cabiness, Tucker, Ladd, Jones, Walker, etc. Robertson married Rebecca Ann Northington 3/20/1815. After Robertson died, Rebecca Ann married George Tucker, another name mentioned many times in these deeds. The children of Robertson and Rebecca Ann (Northington) Ezell Mary Ann m. William J. Mason 10/7/1833 Carolyn T. m. Claiborne Drumwright 1/30/1837 Margaret B. m. Thomas Drumwright 10/19/1840 Martha B. m. Lafayette Crutchfield Rebecca m. This Indenture, made and entered into this second day of March in the year of our Lord eighteen hundred and nineteen BETWEEN Zachariah Bugg and Mary Bugg, his wife of the County of Mecklenburg and State of Virginia of the one part and Robertson Ezell of the same County and state aforesaid of the other part; WITNESSETH: that they the said Zachariah Bugg and Mary Bugg, his wife, for and in consideration of the sum of eight hundred and forty nine dollars and 18 1/2 cents, current money of this Commonwealth to them in hand paid by the said Robertson Ezell, the receipt which is hereby acknowledged, have granted, bargained and sold and doth by these presents, give, grant and bargain and sell unto the said Robertson Ezell, his heirs and assigns forever, a certain piece or parcel of land bounded as follows: BEGINNING at a new corner pointers on the road in Tucker's line; thence to Tucker's and Ladd's corner pointing; thence to Ladds corner black jack; thence to Ladd's corner Maple on Taylor's Creek; thence to the St. Tammany Road; thence down said Road to the BEGINNING, containing one hundred and seventy four and a half acres. TO HAVE AND TO HOLD the said 1175 1/2 acres unto him the said Ezell, his heirs and assigns forever, free and clear of all manner of claim or claims of them the said Zachariah Bugg and Mary, his wife, their heirs and assigns forever and of all person or persons whatsoever claiming by, thru, or under them, or any of them doth warrant and clearly acquit with all it's appurtenances unto him the said Robertson Ezell, his heirs, executors, administrators and assigns forever. In witness whereof they the said Zachariah Bugg and Mary, his wife, have hereunto set their hands and affixed their seals the day, month and year first written. Signed, sealed and delivered in the presence of Zachariah Bugg Mary C. Bugg Mecklenburg County We, Samuel Holmes and Jones Gee, Magistrates of the said county do hereby certify that Zachriah Bugg, a party to the above conveyance duly acknowledged the same before us on the second day of March in the year 1819 and desired us to certify said acknowledgement to the Clerk of County Court of Mecklenburg in order that the said Conveyance be recorded as Witness our hand the date above written. 20. 3/20/1820: John Ezell, to Randolph Davis. This deed originally written in 1791 but not recorded until 1820. See # 11-C. I am sure that John Sr. and John Jr. are both deceased by this time and somewhere in Mecklenburg records would be something to explain this deed in full. No wills have ever been found. John Sr. would have been well over 100; John Jr. would have been about 87. 21. 6/18/1821: Robertson Ezell and his wife, Rebecca Ann (Northington) appoint Thomas Claiborne of Nashville, Tennessee as attorney to represent Rebecca and her brothers and sisters to settle the estate of her brother Sterling, a resident of Nashville. I will not copy this long agreement, as I am not researching the Northington family. 22. 8/20/1821: Robertson Ezell, and Rebecca Ann, sell to William Murrell a Grist Mill located on Taylor's Creek. The deed is hard to reed, but it appears they only own a certain part of the mill, but can't distinguish how much of a part. This indenture, made this 27th day of March in the year eighteen hundred and twenty one between Robertson Ezell and Rebecca his wife of the county of Mecklenburg and state of Virginia of the one part and William Murrell of said county and state aforesaid of the other part. WITNESSETH, that the said Robertson Ezell and Rebecca, for and in the consideration of the sum of one hundred and fifty dollars to him in hand paid by the said William Murrell at or before the unsealing and delivery of these presents, the receipt whereof is acknowledged, hath granted, bargained and sold and by these presents doth grant and sell unto the said William Murrell, his heirs and assigns forever, all their the said Ezells, rights, title, interest and claim in a certain piece or parcel of land lying and being in the county of Mecklenburg, on Taylors Creek, adjoining the lands of Jesse Apen and Charles Banford, known by the name of Hundleys Mill, and including all the said Robertson and Rebeca Ezell's interest, title or claim in the said Mill and since it being one equal part thereof, the said Mill and land thereto attached, taken or known to be part or parcel thereof to have and to hold the same free from the claim or claims of them the said Ezells and their heirs and assigns forever, and for the claims of every other person and the heirs whatsoever and the said Robertson and Rebecca Ezell doth further covenant to and with the said William Murrell that he will at all times hereafter warrant and defend the title of the said Mill and to him the said William Murrell free from the claim or claims of them the said Robertson and Rebecca Ezell and their heirs and free from the claims of every other person whatsoever. In testimony whereof we the said Robertson and Rebecca Ezell hereunto set our hands and seals the day and year above written. Witness: Drury Pennington Jones Gee Magistrates. Robertson Ezell Rebecca Ezell Also contains two other memos and acknowledgments and release of dower. 22-A. 3/8/21: Robertson buys Grist Mill from Daniel and Elizabeth Middagh. This is probably the same property and Mill as above, for it also is for a certain share but can't read the amount in either deed This indenture made this eighth day of March, 1821 between Daniel Middagh and Elizabeth, his wife of the first part and Robertson Ezell of the second part, WITNESSETH, that the said Daniel and Elizabeth for and in consideration of the sum of one hundred and fifty dollars to him in hand paid, the receipt of which is hereby acknowledged, have bargained and sold and by these presents do give, grant, bargain and sell unto the said Robertson Ezell one______of a________Grist Mill, lying and being in the county of Mecklenburg and state of Virginia, situated on Taylor's Creek, with all and singular the rights, privileges, immunities and appurtenances thereto belonging or in anywise appertaining , it being the same which the said Middugh purchased of the Estate of William Pennington and the said___________ to them with all the appurtenances thereto belonging. To have and to hold to the said Robertson Ezell and his heirs and the said Daniel and Elizabeth Middaug do for themselves and their heirs forever warrant and defend against the claim or claims of every other person whatsoever. In witness whereof the parties hereunto have fixed their hands and seals the day and year first above written. Witnesses: Jones Gee, Magistrate Daniel Middagh Drury Pennington " Elizabeth Middagh 23. 1/5/1822: Robertson and Rebecca Ann, to Henry Morris 158 acres Book 19, Page 358. The amount of money paid for this 158 acres seem mighty high when land is going for around $1.00 per acre. It must contain quite a homestead.... This indenture, made and entered into this 5th day of January in the year of our Lord Christ one thousand eight hundred and twenty two BETWEEN Robertson Ezell and Rebecca Ann, his wife, of the county of Mecklenburg and state of Virginia of the one part and Henry Morris of Brunswick County and said state aforesaid of the other part WITNESSETH that for and in consideration of the sum of seven hundred and fifty dollars current money of Virginia to him in hand paid be the said Henry Morris, the receipt whereof is hereby acknowledged, hath granted, bargained and sold and by these presents doth grant, bargain, confirm, sell and deliver unto him the said Henry Morris, his heirs and assigns forever, a certain tract or parcel of land lying and being in the county of Mecklenburg and state of Virginia and bounded by the lands of William Cabiness on the South; William_____ and William Crenth (sic) on the West; Shelton and Robertson Ezell on the North, John Cook, Jr. on the East, containing one hundred and fifty eight acres, to HAVE AND TO HOLD the said tract or parcel of land together with all and singular the appurtenances thereto belonging or in anywise appertaining thereto the said Henry Marris, his heirs or assigns forever, and the said Robertson Ezell and Rebecca Ezell, his wife, for the heirs, assigns, and executors and warrant the said tract or parcel of land, will and forever defend unto the said Henry Morris his heirs and assigns forever. In Witness whereof, the said Robertson Ezell, and Rebecca, his wife, have hereunto set their hands and seals the day and year aforesaid. Signed, sealed and delivered in the presence of Robertson Ezell Rebecca Ann Ezell Mecklenburg County to wit: We, Jones Gee and Drury Pennington, Magistrates of the said county do hereby certify that Robertson Ezell, party to the within conveyance hath duly acknowledged the same before us on the fifth day of January eighteen hundred and twenty two and desired us to certify the said acknowledgement to the clerk of the said county court of Mecklenburg in order that the said conveyance may be recorded. We witness our hands and seals this day and date above written. Navel Gee Drury Pennington Mecklenburg County to wit: We, Navel Gee and Drury Pennington, Magistrates of the county aforesaid do hereby certify that Rebecca Ann Ezell, the wife of Robertson Ezell, a party to a certain deed for the conveyance of real estate to Henry Morris bearing date as above written personally appeared before us in our court and being prively examined by us privilely and apart from her husband and having the deed fully explained to her she the said Rebecca Ezell acknowledged to same to be her act and deed, and declared she has willingly assigned , sealed and delivered the said deed and that she wished not to___________the same given under our hands and seals this day and date above written. 24. 3/21/1823: Robertson Ezell appoints Patterson Hannah, as attorney to complete the settlement of Sterling Northington, the brother to Rebecca. A long document, just legal mumbo-jumbo...Book 20, page 215-6-7 24-A. 5/19/1823: Robertson signs bond and security deed to purchase 382 acres from William Cabiness: Deed book 20, page 247. This deed is almost impossible to read and part is missing. See Also Deed # 25 for disposition of this deed. This deed signed by Robertson is for the benefit of John Cook Jr. John is the brother to Samuel H. Cook, who married Ann J. Ezell, the daughter of Benjamin, which Benjamin is the brother to Robertson. Ann J. is also the sister of William Edward Ezell, who happens to be my great-great grandfather. William Edward's son, John H. Ezell, married Mary Jane Logsdon in 1843. They are the parents of my mother, Genevieve Ezell Hausen, born 1886. Obligation bearing date with this indenture and the said William Cabiness, having________to secure said John Cook the aforementioned debt together with the ______________and cost of carrying this indenture into effect hath therefore bargained and sold, aliened and confirmed unto the said Robertson Ezell the following tract of land lying and being in the county of Mecklenburg containing by estimation three hundred and eighty three acres be the same more or less and bounded by the lands of Robertson Ezell, Randolph Davis, Adam Crutchfield and others and by these presents doth sell and confirm unto the said Robertson Ezell the aforementioned tract or parcel of land and all the rights and title intended and claim of the said William Cabiness to the same tract of land which the said William Cabiness, his heirs and assigns shall warrant and defend the said tract of land unto the said Robertson Ezell, his heirs and assigns ____the true intent and meaning of this indenture is such that if the said William Cabiness shall fail to pay the debt aforementioned together with all the legal interest and cost of conveying within ten days at ________public place on the neighborhood to sell publicly the aforementioned tract or parcel of land or so much thereof to the said William Cabiness or his heirs and assigns. In testimony where of we have hereunto set our hands and seals this day and date first above written. Signed, sealed and delivered William Cabiness in the presence of Robertson Ezell Samuel H. Walker (m. Ann J. Ezell, dau. Benjamin) John Cook Jr. Jesse Parkinson James Connell At a Court for Meck. Co. the 19th day of May, 1823 The within written indenture was this day acknowledged by the within named William Cabiness and Robertson Ezell, parties thereto to be their act and deed and ordered to be recorded ____________Delivered to Mr. Cook 24B. 1/28/1825; Benjamin Ezell and brother Robertson accept bond for the payment of fifty one dollars and three cents from Samuel H. Walker for property and negroes. William Sr., the father to both Robertson and Benjamin is also a party to this transaction, probably as a trustee to carry out the terms. Deed Book 21, pages 235 and 236 This Samuel H. Walker married Elizabeth Ezell, the dau. of William Sr. and the sister to the above Benjamin and Robertson on 12/18/1815. This indenture, made the 28th day of January one thousand eight hundred and twenty five, BETWEEN Samuel H. Walker of the county of Meck. and St. of Va. of the one part, and Benjamin Ezell of the co. aforesaid, of the next part; WITNESSETH that the said Samuel H. Walker is justly indebted to the said Benjamin in the full and just amount of fifty one dollars and three cents and bond bearing date with indenture, with interest from this day, Va. currency and the said Samuel H. Walker being willing to secure the aforesaid sum of money to the said Benjamin Ezell, his heirs, executors, administrators and assigns for which purpose the said Samuel H. Walker is willing to convey the following property viz: a negro woman, very old named Beck, all his crop of fodder, shucks of corn, oats, shotgun and that the said do hereby covenant and______with the said Robertson Ezell and William Ezell, their heirs and executors and every of them to warrant and forever defend the right, title and peaceable enjoyment of the aforesaid and mentioned property against himself and his executors, administrators and assigns against the claims and demands of all and any person or persons whatsoever, the above conveyance is made upon the following conditions: 1st. that if the said Samuel H. Walker, his heirs, executors, administrators and assigns fail to pay to the said Benjamin Ezell, his heirs, executors, administrators and assigns the aforementioned sum of money with interest as aforesaid, Va. money, that the said Robertson Ezell and William Ezell Sr. shall advertise and sell at any convenient place that they may select the aforesaid and mentioned property to the highest bidder for ready money given ten days previous notice of the time and place of such sale. Trustee shall first pay and satisfy the said Benjamin Ezell, his heirs, executors, administrators and assigns the said sum with interest as aforesaid, expenses of securing this writing and expenses attending the sale and the balance if any remaining in their hand the said trustees shall pay to the said Samuel H. Walker or to his legal representatives. It is agreed by the parties that the aforesaid property shall remain the hands of the said Samuel H. Walker until called for by the said trustees, Robertson and William Ezell, then to be delivered to him to the said Trustees for the purpose of selling as specified in the indenture. 3rd. It is further understood that in case the said property or any part thereof shall___________so that they cannot dispose of by the said trustees. It shall be lawful for the said trustees and present the property as it______and the purchasers shall have full authority to claim______and take the said property whenever it can be found and the sale made in conformity to the above conditions, shall be binding to the parties as if the same was made by authority of court of equity. Lastly, it is agreed that the death of either of the parties hereto shall in no wise change or affect this indenture. In Witness whereof, we, the parties above named, hereunto set our hands and affixed our seals the day and year above written. Signed, Sealed and Delivered in the presence of: Samuel H. Walker Charles Baskerville Benjamin Ezell, Senr. Wm. B. Hill, Imus Daly Robertson Ezell Joseph Bassett, Jr. 24-C. 11/6/1824: Robertson Ezell accepts deed of trust to secure one slave and personal property from Battey F. Cheatham. Book 21, Page 173. This indenture, made and entered into this 6th day of November, 1824, between Battey F. Cheatham of the county of Mecklenburg of the first part; Robertson Ezell of the said county of the second part and Thomas Wartman hereby appointed trustee of the third part. WITNESSETH that the said Beatty Chatham is justly indebted to the said Robertson Ezell in the just and full sum of one hundred and forty two dollars and fifty eight cents as will more fully appear by bond bearing date with this instrument and the said Beattey Cheatham being willing and desirous to secure to the said Robertson Ezell, the payment of the aforesaid sum of $142.58 hath therefore and in consideration of the debt aforesaid and for and in consideration of the sum of one dollar to him in hand paid by the said Thomas Wartman before the unsealing of this indenture, the receipt whereof is hereby acknowledged and the said Beatty Cheatham for and in the consideration of the premises and by these presents doth bargain and sell unto the said Thomas Wartman, his heirs and assigns forever the following mentioned property, viz: one negro woman slave named Mary and all her future increases; one bed and furniture; one sorrel mare; two cows and calves; one pine cupboard; one loom, six sitting chairs--TO HAVE AND TO HOLD, unto the said Thomas Wartman, his heirs and assigns forever, the said negro Mary and all her future increases, the said sorrell horse, two cows and calves; two beds and furniture; one pine cupboard; one loom, six sitting chairs, free from the claim or claims of him the said Beatty Cheatham and his heirs and assigns from the claims of every other person whatsoever______________tae_____interest and__________ of this indenture is such that if the aforesaid Beatty Cheatham shall, will and truly pay or cause to be paid to the said Robertson Ezell the aforesaid sum of one hundred and fifty two dollars and 58 cents on or before the 25th day of December next, then and in such case this indenture shall be void and of no effect, but if the said Beatty Cheatham shall fail to pay the same or any part thereof shall remain unpaid at that time, then and in that case, it shall and may be lawful and right for the said Thomas Wartman at the request of the said Ezell to advertise it at least three public places in the neighborhood the said property for sale given at least 10 days notice of the time and place of sale and then to sell said property to the highest bidder for cash and out of the proceeds thereof in the first place to pay and satisfy all expenses of carrying that indenture into effect and then to pay the said Robertson Ezell the aforesaid sum of one hundred and fifty two dollars and 48 cents together with all legal interest on the same and the remainder of the proceeds arising from the same to pay and deliver over to the said Beatty Cheatham or his order in ______and in default of the said Cheatham applying in person for such surplus if any or by his order in writing them to pay the same to his legal representative or those entitled to distribution of his estate. In testimony whereof the parties hereunto have affixed their hands and seals the day and date first above written. Baettey Cheatham Robertson Ezell Thomas Wartman 24-D. 5/14/1825: Benjamin Ezell, son of William Sr., deed of gifts, to his sister Elizabeth, who married Samuel H. Walker 12/18/1815, for the benefit of her children. Deed Book 21, Page 292 Know all men by these presents that I, Benjamin Ezell, of the county of Mecklenburg, state of Virginia, for and in the consideration of the natural love and affection which I have to the children of my sister, Elizabeth Walker, wife of Samuel H. Walker, of the same county aforesaid as well as for the future consideration of one dollar to me in hand paid by the said Elizabeth Walker at or before the unsealing and delivery of these presents, the receipt whereof is hereby acknowledged have given and granted and by these presents do give and grant with the children of the said Elizabeth Walker, their heirs, executors and administrators and assigns the following property: One yoke of oxen of the value of $27.00; one buffet, 6.25; looking glass $1.05; a small bed of $5.25 and walnut table $2.50; one pair__________one long trunk, 4.10; one bed $8.35; one desk $8.75; eight sitting chairs, $2.50; one chest 50 cents amounting to the sum of $75. 44.. TO HAVE AND TO HOLD the said property unto them the said children of her the said Elizabeth Walker which are now living or may be hereafter born to them and their heirs, executors, administrators and assigns forever and the said Benjamin Ezell for himself, his heirs, administrators, and assigns the aforesaid property unto the said children of the said Elizabeth , her heirs, executors, administrators and assigns against the claims of him the said Benjamin Ezell , his heirs, administrators and assigns, against the claims of them or any person or persons claiming under him and hereby warrant and defend and by these presents . In witness whereof, I have hereunto set my hand and affixed my seal the 18th day of May, 1825. BENJAMIN EZELL At a court held for Mecklenburg County the 16th day of April, 1825 This deed of gifts was acknowledged in our court by Benjamin Ezell to be his act and deed and ordered to be recorded. 25. 3/21/1727: Robertson Ezell to John Cook, Jr. Deed Book 22, Page 360 This deed is to convey the 382 acres for which Robertson Ezell stood good for in the Deed of Trust in # 24-A. This deed merely cancelled the first deed and releases the property to John Cook, Jr. This John Jr. is brother to Samuel H. Cook who married Ann J. Ezell, d. Benjamin This indenture, made this 21st day of May, one thousand eight hundred and twenty seven BETWEEN Robertson Ezell who was appointed trustee by Deed of Trust recorded on the 13th day of May, 1823 by William Cabiness to the said Robertson Ezell to secure the payment of a certain sum of money to John Cook which said trust deed was admitted to record in the county court of Mecklenburg in 1823, of the first part and said John Cook Jr., of the second part; WITNESSETH, that the said Robertson Ezell_________________________by the said deed of trust hath this day bargained and sold and by these presents doth bargain and sell to the said John Cook, Jr., for and in consideration of the sum of $375.00, to him in hand paid, the receipt whereof is hereby acknowledged, one certain tract or parcel of land on the said deed of trust mentioned , and by estimation 382 acres, be the same more or less lying in the county of Mecklenburg and bounded by the lands of Robertson Ezell, Samuel H. Hudson, Adam Crutchfield and others, together with the appurtenances thereto belonging. TO HAVE AND TO HOLD, unto the said John Cook Jr., his heirs and assigns forever the said tract or parcel of land together with the appurtenances thereto belonging and conveyed by the said trust deed to the said Robertson Ezell and the said Robertson Ezell doth for himself warrant and defend unto the said John Cook, Jr. all the right and title which by virtue of the aforesaid deed of trust he may legally warrant and defend and no other. In testimony whereof the said Robertson Ezell hath hereunto affixed his hand and seal the day and date first written. Signed, sealed and delivered in the presence of: Robertson Ezell Thomas L. Cook D. Middaugh William Smally Delivered to Mr. Cook The deed also contains two additional affidavits. 25-A 6/18/1827: Robertson signs Deed of Trust guaranteeing payment for the benefit of Thomas Smith. Deed Book 23, Page 209. This indenture made and entered into this 18th day of June, 1827 BETWEEN Thomas Smith of the first part, Joseph L. Gregory of the second part, and Robertson Ezell of the third part, all of the county of Mecklenburg: WITNESSETH that whereas the said Thomas Smith is indebted to Daniel Daly and Elam H. Peete, executor of John Osborn in the sum of 783.00 and the said Robertson Ezell is security for the said Thomas smith, he the said Daly and Peete and bonded with him for the payment of the same the said Daly and Peete________ as aforesaid_______ and______their execution against the said Smith and Ezell and to said Smith being willing and desirous to secure the said Robertson Ezell from all damage and loss on having any part of the said debt to pay, this indenture therefore: WITNESSETH that the said Thomas Smith in consideration of the premises and for the further consideration of one dollar to him in hand paid by the said Joseph L. Gregory hereby appointed trustee have hereby granted, bargained and sold and by these presents doth give, grant, bargain and sell to the said Joseph L. Gregory, his heirs and assigns forever one certain tract or parcel of land lying and being in the county of Mecklenburg containing 196 acres more or less bounded by the lands of James Shelton, Jesse Harris, David Harris and Henry Harris; four head of cattle; 1 bay mare; 10 head of hogs; 12 head of sheep; 1 Negro man Cyms and Negro woman Cinah: TO HAVE AND TO HOLD the aforementioned tract or parcel of land, cattle, mare, hogs and Negroes to him the said Joseph Gregory, his heirs and assigns forever against the claim or demands of any and every persons whatsoever.-------Balance of deed impossible to read... S. Thomas Smith, Joseph L. Gregory, Robertson Ezell 25-B. 4/25/1828: Robertson from Joseph L. Gregory. This deed is to release Robertson from the deed of trust he signed to secure Thomas Smith on 6/18/1827 Apparently the bonds were for one year...See above deed --same property, but acreage on one or the other is in error--one 176 -the other 196. Robertson receives the property... This indenture made and entered into this 25th day of April, 1828 BETWEEN Joseph L. Gregory of the first part and Robertson Ezell of the second part, both of the county of Mecklenburg Virginia. WITNESSETH; that the said Thomas Smith on the 18th day of June, 1827 executed a deed of trust to the said Joseph L Gregory by which he conveyed to the said Joseph L. Gregory as Trustee one certain tract of land containing 176 acres, be the same more or less as may be seen as reference to the______________of Mecklenburg County, which the said deed of trust as recorded and the said Joseph L. Gregory______________by the aforesaid deed of trust. Few lines unreadable aforesaid Robertson Ezell, the said tract or parcel of land containing 176 acres forever in consideration of $176.00, the receipt whereof is hereby acknowledged and the said Joseph L. Gregory doth bargain, sell, confirm and convey the said tract of land lying in the county of Mecklenburg and bounded by the lands of James Critchlow, Jesse Morris, Henry Morris, TO HAVE AND TO HOLD the said tract or parcel of land containing 176 acres be the same more or less to the only proper use and behoof of him the said Robertson Ezell, his heirs and assigns forever and He the said Joseph L. Gregory doth warrant and defend by these presents to the said Robertson Ezell and his heirs all the right title and interest of him the said Joseph L. Gregory and his heirs and all right which by virtue of the aforesaid deed of trust vested in him the said Joseph L. Gregory, he by these presents forever warrant and defend unto the said Robertson Ezell and his heirs. In testimony whereof the said Joseph L. Gregory hath hereunto affixed his hand and seal the day and date first above written. Witness: Thomas W. Walker Joseph L. Gregory James Connell Continue page 3 |