Submitted by Kathy Turner December 30, 2010
Transcription of Deed from Thomas Toone to Richard Russell
Mecklenburg Co., VA, Deed Bk 32, pp. 173-174
This indenture made this 8th day of April 1846 between Thomas Toone of the first part and Zach. Bugg of the second part and Richard Russell of the third part. Whereas the said Thomas Toone is justly indebted to the said Richard Russell in the sum of three hundred and thirty two dollars and sixty eight cents as by a bond bearing date on the 1st day of April 1846 which add (sic) with the legal interest thereon accruing the said Thomas Toone is willing and desirous to secure. Now this indenture witnesseth that for and in consideration of one dollar lawful money of Virginia to the said Thomas Toone in hand paid by the said Zac Bugg at and before the sealing and delivery of these presents the receipt whereof is hereby acknowledged he the said Thos Toone hath given granted bargained sold aliened enfeoffed released and confirmed and by these presents doth give grant bargain sell alien enfeoff release and confirm to the said Zac Buggs his heirs and assigns forever all that tract or parcel of land lying and being the County of Mecklenburg in the state of Virginia containing forty acres be the same more or less and bounded by the lands of Francis Barnes Charles H. Robertson and Asa Garner with all and singular the appurtenances to the said tract or parcel of land belonging or in any wise appertaining and all the estate right title and interest of said Thomas Toone in accd ? to the said granted or intended (grantee or intendee?) to be 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 it appurtenances unto the said Zac Bugg, his heirs and assigns forever to the only proper use and behoof the said Zac Bugg his heirs and assigns forever and the said Thos Toone for himself his heirs Executors and Administrators doeth hereby covenant promise and agree to and with the said Zach Bugg, his heirs and assigns forever in manner and form following that is to say that the said Thos Toone his heirs Executors and Administrators the aforesaid tract or parcel of land and premises with their appurtenances s? the S? Zac Bugg, his heirs and assigns against all persons whatsoever shall and will warrant and forever defend by these presents . Upon trust nevertheless that the said Zac Bugg, his heirs and assigns shall permit the said Thos Toone to remain in quiet and peaceable possession of the said tract or parcel of land and premises with its appurtenances and take the profits thereof to his own use until default be made in the payment of the said sum of three hundred thirty two 68/100 dollars either in the whole or in part and then upon the further trust that the said Zac Bugg his heirs or assigns shall and will so on after the happening of such default of payment as he the said Zac Bugg his heirs or assigns may think proper or the said Richard Russell his Executors Administrators or assigns request well the said tract of land and premises with the appurtenances for ready money at public auction after having fixed the time and place of sale at their own un? And given ten days notice thereof and out of the monies arising, from said sale shall after satisfying the charges thereof and all other expenses attending the premises pay to the said Richard Russell his Executors Administrators or assigns the said sum of three hundred and thirty two 68/100ths dollars with the interest which may thereon lawfully have accrued and the balance if any shall pay to the said Thos Toone his heirs or assigns. But if the whole of the said sum of three hundred thirty two 68/100ths dollars shall be fully paid off and discharged to the said Richard Russell his Executors Administrators or assigns then this indenture to be sold or else to remain in full force and virtue. In witness whereof the said parties to these presents have hereunto set their hands and affirm their seals this day and year first above written.
Wm A. Hester ______? Toone & Russell
Francis L. Smithson
C. T. Haskins
Mecklenburg Co. July Court 1846
The foregoing deed of trust was this day produced in court and proven by the oaths of Wm A. Hester, Francis L. Smithson, and Creed T. Haskins, subscribing witnesses thereto and ordered to be recorded.
Onl.? R. A. Puryear Teste Richard B. Baptist C.