Prince William County Virginia s1

Prince William County Virginia s1

Prince William County Virginia

Clerk’s Loose Papers

Volume II

Selected Transcripts 1808 - 1860

Deeds and Slave Records

Copyright 2004

Ronald Ray Turner

9901 Greenview Lane

Manassas, VA 20109

Printed in the United States of America

3 April 1843

Fairfax to Saunders - Deed of Trust

Use of Joseph L. Wright &c.

Book 17, page 142

This Indenture made and entered into this seventh day of September 1842 between William Fairfax Jr. of the first part A. H. Saunders of the 2nd part & Joseph L. Wright & Samuel Wright of the 3rd part. Whereas the said William Fairfax is justly indebted to the said Joseph L. & Samuel Wright in the sum of three hundred dollars, to be paid on the 7th day of September 1843, as a bond bearing the above date now fully appearing; which debt, with interest the said William Fairfax is willing and desirous to secure: Now this indenture witnesseth, that for and in consideration of the premises, and also for the further consideration of one dollar to the said William Fairfax jr. in hand paid by the said A. H. Saunders at and before the sealing and delivering of them presents, the next whereof is hereby acknowledged, he the said William Fairfax jr. hath given, bargained, & sell, to the said A. H. Saunders, his heirs &c forever, the following slaves viz. Charlotte, Ann, Thornton & Sandy & their increases; To have and to hold, the said slaves - unto the said A. H. Saunders his heirs &c forever, to the only proper use and behoof of the said A. H. Saunders his heirs &c forever. And the said William Fairfax jr. for himself his heirs &c doth hereby promise and agree, to and with the said A. H. Saunders his heirs &c in manner and form following that is to say, that the said William Fairfax jr. his heirs &c the aforesaid slaves Charlotte, Ann, Thornton & Sandy, unto the said A. H. Saunders his heirs &c; against all persons whatsoever, shall and will, warrant & forever defend by them presents; upon trust witnesseth; that the said A. H. Saunders his heirs &c shall present the said William Fairfax jr. to certain possession of the aforesaid slaves, and take the profits to his own use, until default be made in the payment of the said sum of three hundred dollars, either whole or in part; and there upon this further trust; that he the said A. H. Saunders his heirs &c, shall and will, so soon after the happening of such default of payment, as he may think proper or the said Joseph & Samuel Wright their heirs &c shall direct sell the aforesaid slaves, or such part of them; as shall be sufficient for the purpose to the highest bidder for ready money, at public auction, after having fixed the time and place sale at his own discretion, and give public notice of the time and place of sale and out of the moneys arriving from such sale, shall after paying all charges attending the premises ; pay to the said Joseph L. & Samuel Wright their heirs &c, the said sum of three hundred dollars, with legal interest, and the balance shall pay to the said William Fairfax jr. But if the whole of the said sum of three hundred dollars, should be fully paid off and discharged to the said Joseph L. & Samuel Wright, on or before the 7th day of September 1843. Then this Indenture to be void or else to remain in full force and virtue; In Witness whereof, the said parties to them presents have here into set their hands and affixing their seals the day and date above written.

William Fairfax (seal)

Joseph L. Wright (seal)

Samuel Wright (seal)

A. H. Saunders (seal)

State of Virginia, Prince William County to wit

William Fairfax is a party to the above deed of trust this day came before us and acknowledged the same to be his act and decree and to certify said acknowledgement to the clerk of the county court of Prince William in order that it may be acknowledged and recorded. Given under our hands and seals this 7th day of September 1842.

A. H. Saunders (seal)

Z. A. Kankey (seal)

At a Court held for Prince William County April 3 1843. This Deed of Trust from William Fairfax Jr. to Joseph L. Wright &c. was presented to the court with certificate annexed and ordered to be recorded. Teste

J. Williams c.c.

8 December 1841

Lynn & Wife to Calvert

Book 17, page 165

This Indenture made and entered into this 10th day of April in the year of our Lord one thousand eight hundred and forty one between Benson Lynn and Mildred his wife of the County of Prince William and State of Virginia of the one part and Robert Calvert of the same County and State of the other part. Witnesseth that the said Benson Lynn and Mildred his wife for and in consideration of the sum of five dollars to him the said Benson Lynn in hand paid, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, have granted bargained and sold, and by these presents do, and each of them doth grant bargain and sell unto the said Robert Calvert his heirs and assigns forever, all their undivided interest, right, title, estate, property claim and demand either at law or in equity us and to that part or parts of the estate both real and personal of Reuben Calvert deceased late of the county aforesaid which was assigned and allotted to Sarah C. Calvert, late his widow, as dower, and which was conveyed to the said Benson Lynn by Colvin Calvert, by deed bearing date the 13th day of September 1825 now of record in the Clerks Office of Prince William County Court by which said deed the said Colvin Calvert conveyed to the said Benson Lynn all his right, title, interest claim and demand in and to the estate real and personal of which Reuben Calvert died seized and possessed” To have and to hold the aforesaid undivided interest with all and singular the premises and appurtenances incident thereto unto heirs the said Robert Calvert his heirs and assigns to the only proper use and behoof of him the said Robert Calvert his heirs and assigns forever. And the said Benson Lynn and Mildred his wife for themselves their heirs, executors and administrators do hereby covenant grant and agree to and with the said Robert Calvert his heirs and assigns in manner and form following that is to say, that they the said Benson Lynn and Mildred his wife and their heirs the aforesaid undivided interest in the estate, real and personal, of Reuben Calvert deceased, unto him the said Robert Calvert his heirs and assigns, against the claim of themselves and their heirs and against the claim or claims of all and every person or persons whomsoever shall and will by these presents, forever warrant and defend. In Witness whereof the said Benson Lynn and Mildred his wife have hereunto set their hands and affixed their seals the day and year first herein written. Signed, Sealed and Delivered in Presence of

Benson Lynn (seal)

Mildred Lynn (seal)

Prince William County:

We Jno Fitzhugh and Seymour Lynn justices of the peace in the county aforesaid, in the State of Virginia, do hereby certify that Mildred Lynn wife of Benson Lynn parties to a certain deed bearing date the 10th day of April 1841, and hereunto annexed, personally appeared before us in our County aforesaid, and being examined by us privately and a separate from her husband and having the deed aforesaid fully explained to her and she the said Mildred Lynn acknowledged the same to be her act and deed, and that she wished not to retract it. Given under our hands and seals this 14th day of May 1841.

Jno Fitzhugh (seal)

In the Clerks Office of Prince William County Court 8th December 1841. This deed from Benson Lynn and Mildred his wife to Robert Calvert was acknowledged to be his act and deed by the said Lynn with certificate annexed and admitted to record.

Teste, J. Williams C.C.

3 January 1842

Thornton & wife to Tyler

Book 17, page 168

This Indenture made this 15th day of December in the year 1841 between Stuart G. Thornton and Adeline his wife of the first part, John W. Tyler of the second part, all of Prince William County and State of Virginia and Henry T. Harrison of the County of Loudoun & State aforesaid of the third part: Whereas the said Stuart G. Thornton is indebted by bond unto the said Henry T. Harrison committee of Francis L. Lee a lunatic drawn in the penalty of ten thousand dollars and conditioned __ the payment of five thousand dollars with legal interest thereon from the date thereof till paid the principal sum payable three years after date and the interest annually as it __ on the 15th day of December of each year until the principal sum is payable and paid as will __ fully & precisely appears by the said bond which is hereby referred to bearing even date with those presents. & executed by the said Stuart G. Thornton & his securities which debt with the accruing interest thereon the said parties of the first part are willing and desirous to secure according to the true tenor & effect of the condition of said bond which is hereby referred to Now this indenture _____ that for and in consideration of the premises and of the sum of one dollar to ____ the said parties of the first part in hand paid at and before the ensealing and delivery of these presents the receipt whereof of the said Tyler is by the said parties of the first part hereby acknowledged. They the said parties of the first part have given granted bargained sold aliened, enfeoffed, and confirmed and by those presents do bargain & sell give grant alien enfeoff,and confirm unto the said John W. Tyler his heirs and assigns forever The following tract or parcel of Land to wit a certain tract or parcel of Land lying and being in the County of Prince William aforesaid called “ Lawnville” being the same on which the said parties of the first part has reside containing or supposed to contain five hundred and two and a half acres for a more particular description of which reference is hereby made to a deed from Edmund Brook and Harriet his wife and Gustavous R. A. Brown and Caroline E. his wife to the said Stuart G. Thornton bearing date on the 10th March 1818 and of record in the Clerks office of said last mentioned County Together with all and ___ the appurtenances to the said tract of and belonging or in any wise appertaining and all the estate right title and interest of them the said Stuart G. Thornton & Adeline his wife parties of the first part in Law or equity in the said hereby granted or intended to be granted Land and premises: To Have & To Hold the said tract of land & premises with its appurtenances with the said John W. Tyler his heirs and assigns forever to the only proper use and behoof of him the said Tyler his heirs and assigns forever. And the said parties of the first part for themselves their heirs executors administrators do hereby covenant promise and agree to and with the said John W. Tyler his heirs & assigns forever in manner and form following viz that the said parties of the first part their heirs ______the aforesaid tract of Land & its appurtenances unto the said Tyler his heirs and assigns forever against all persons whatever shall & will warrant and forever defend by these presents That they are sized of a good (& undefensible?) estate in fee in the premises & have good & perfect right to convey & encumber the same and that they will at any time execute any of the ass___ necessary to the conveyance of a perfect title therein which may be deemed needful by counsel learned in the Law upon ___ nevertheless that the said John W. Tyler his heirs and assigns shall ____ the said parties of the first part to remain in quiet and peaceable possession of said premises and take the ___ thereof to his as their own use until default be made in the judgment of said sum of five thousand dollars with the legal interest thereon accruing the said principal sum when due and the interest thereon annually according to the tenor and effect of the condition of the said bond and then upon this further trust that so soon after the happening of such default of payment of the said principal & interest or either in whole or in part as the said Henry T. Harrison his heirs ____ assigns shall request or said Tyler shall think proper the said Jno. W. Tyler his heirs assigns shall and will sell the said tract of land and premises with its appurtenances or such part thereof as said trustee or his representatives authorized to act may think sufficient for the purpose & think proper to sell to the highest bidder for ready money at public auction after having fixed the time and place of sale at his or their own the trustee’s discretion and given at least thirty days notice thereof in one of the newspapers printed in the district of Columbia and out of the monies arising from such sale shall after satisfying the charges thereof and all the expenses attending the premises pay to the said Henry T. Harrison (committee of F. L. Lee) his executors administrators or assigns the said sum of money so due and in arrears so aforesaid with the interest which may thereon lawfully have accrued and for default of payment whereof said sale is so made: and in event of sale of a part of said premises at one time for default of payment in the annual interest according to the tenor of the condition of said bond that said trustee or his representatives do from time to time and so often as may be necessary in the like made proceed to sell such part or parts of said land& premises as may be necessary in the direction of said trustee or his representatives for the purpose until the whole land is sold or the whole principal sum and the interest thereon lawfully accruing shall be entirely discharged. The said trustee and his representatives __ __ to sell from time to time and so often as may be necessary as well for and upon default of payment of the principal sum or of the annual interest according to the tenor of the condition of said land and to sell at on each occasion such part or parts for sale as he or his represent ivies may think proper to sell and sufficient for the purpose And the balance of the proceeds of sales after satisfying the whole of said debt to said H. T. Harrison committee as aforesaid his executors administrators & assigns and the interest thereon lawfully received shall pay over unto the said Stuart G. Thornton his heirs and assigns; But of the whole of the said sum of five thousand dollars with the interest thereon lawfully accruing shall be fully paid off and discharged to the said Harrison committee as aforesaid his heirs executors administrators & assigns according to the terms and conditions and at the times & in the manner prescribed in the condition of the said bond to that no default of payment of said principal sum nor of the accruing interest in whole or in part be made then this Indenture to be void Else to remain in full force. In witness whereof the said parties to these presents have hereto set their hands & seals this day and year first aforesaid. G. G. Thornton (seal)