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Deed of Trust Peter S. and Alice
(Smith) Northen to Henry Lyell
William S.
Northen, Security
September
10, 1849
Note: The Richard A. Lyell mentioned in this deed of
trust stood surety for Peter S. Northen’s marriage bond with Alice Smith on
July 12, 1848.
This indenture made this 10th day of
September in the year 1849 between Peter S. Northen and Alice his wife of
the first part, Henry Lyell of the second part and William S. Northen of the
third part, all of the County of Richmond and State of Virginia. Whereas
the said William S. Northen is bound as the security of the said Peter S.
Northen for the payment of three hundred and fifty dollars and 13 cents due
Richard A. Lyell by bond bearing date the 2nd day of July 1849
and whereas the said Peter S. Northen being willing and desirous to do what
is just and right to provide his said security from entering on account of
being bound as security aforesaid. Now this indenture. Witnesseth that for
and inconsideration of the premises and also for the further consideration
of one dollar of lawful money of Virginia to the said Peter S. Northen in
hand paid by the said Henry Lyell at and before the sealing and delivery of
these presents the receipt whereof is hereby acknowledged, he the said Peter
S. Northen and Alice his wife hath given, granted, bargained, sold, ____,
____, released and confirmed and by these presents doth give, grant,
bargain, sell, ____, ____, release and confirm to the said Henry Lyell his
executors, administrators or assigns forever a certain piece or parcel of
land which the said Peter S. Northen bought of John W. Collins, containing
117 acres more or less bounded by the lands of William English, R. _______
estate, bordering on Farnham Creek, which more fully described by deed from
said Collins and his wife to Peter S. Northen at Richmond County Clerks
Office, with all and singular the appurtenances to the same belonging, to
have and to hold the said land hereby conveyed unto the said (left blank),
his executors, administrators and assigns forever upon trust nevertheless
that the said Henry Lyell, his executors, administrators, and assigns shall
permit the said Peter S. Northen to remain in quiet and peaceable possession
of said land and premises and take the profits thereof to his own use until
default be made by the said Peter S. Northen in the payment of said sum of
three hundred and fifty dollar and 13 cents either in the whole or in part
or until the said William S, Northen shall suffer and account of such
securityship by having the said sum before mentioned or any part thereof to
pay and then upon this further trial so soon after the happening of such
default by the said Peter S. Northen or the said William S. Northen shall
have the same or any part thereof to pay and the said William S. Northen,
his executors, administrators or assigns shall request or direct the said
Henry Lyell, his executors, administrators, or assigns shall and will sell
the aforesaid piece or tract of land for ready money at the Farnham Church
by public auction after having given thirty days notice thereof by
advertisement to be set up at Richmond Courthouse and Farnham Church
previous to the day of sale and out of the monies arising from such sale
shall after satisfying the charges thereof and all other expenses attending
the premises, pay to the said William S. Northen, his executors,
administrators or assigns the amount he may have had to pay on account of
the securityship aforesaid and the balance if any shall pay to the said
Peter S. Northen, his executors, administrators, or assigns. But if the
whole of said sum of three hundred and fifty dollar and 13 cents shall be
fully paid off and discharged to the said Richard A. Lyell, his executors,
administrators or assigns by the said Peter S. Northen, his executors and
administrators so that no default be made by him in the aforesaid sum then
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 affixed their seals the day and year first
above written.
Sealed and delivered in the presence
of: Peter S. Northen {seal}
Alice Northen {seal}
Henry Lyell {seal}
Richmond County, Virginia
We Charles W. Smith and F. W. Pendleton,
Justices of the peace in the county aforesaid in the state of Virginia do
hereby certify that Alice the wife of Peter S. Northen, parties to a certain
deed bearing date on the 10th day of September 1849 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 fully
explained to her, she the said Alice acknowledged the same to be her act and
deed and declared that she had willingly signed, sealed and declared the
same and that she wished not to retract it. Given under our hands and seals
this 11th day of September 1849.
Charles W. Smith {seal}
F. W. Pendleton {seal}
Clerks Office of Richmond County Court the 28th
day of November 1849
This deed of trust from Peter S. Northen
and Alice his wife to Henry Lyell for the benefit of William S. Northen, was
this day presented, acknowledged before and in the Clerk’s office aforesaid
by the said Peter S. Northen and with the certificate annexed admitted to
record as to him.
Teste J. R. Jeffries, Clerk Pro Tem
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