Deed between Mitchell and Adaline Evans, John and Mary Evans, George W. and Nelly Evans, Noah and Tabitha Evans, and John W. Margaret A. Marsh - 29 September 1883 - Transcribed by Gail M. Walczyk
This deed made this 29th
day of September, A.D. 1883 between Mitchell Evans and Adaline his wife, John Evans
and Mary his wife, George W. Evans and Nelly his wife, Noah Evans and Tabitha his
wife, and John W. Marsh and Margaret A. his wife all of the County of Accomack in
the State of Virginia, that whereas, the said Mitchell Evans, John Evans, George
W. Evans, Noah Evans, and John W. Marsh and Margaret A., his wife in right of said
wife, are seized in fee simple of and have equal shares as coparcenus in to a certain
tract, piece or parcel of land, situate lying and being in the County and State aforesaid
on Chesconnessex Creek containing one hundred and nineteen and 115/1000 acres (119.115
A.) and bounded as follows: on the north and north east by said creek, on the east
by the land of Littleton Ayres and Thomas C. Pitts; on the south by the land of John
K. Rodgers' heirs; and on the west by the land of William M. Riley's heirs; which
tract, piece or parcel of land descended to the said Mitchell Evans, John Evans,
George W. Evans, Noah Evans, and Margaret A. Marsh as children and heirs-at-law of
Peter Evans deceased and which is more fully set forth in, by and upon the plat and
survey thereof which is hereto conveyed as part of this deed and to which plat reference
is hereby made for a fuller and more accurate description thereof, to the end and
intent that a perfect partition may be had and made between them, the said heirs-at-law,
of all and singular the tract piece or parcel of land aforesaid, and that every of
them, their and ever of their heirs, executors, administrators and assigns may from
henceforth, severally, have and enjoy in severalty, his and her portion and part
of the said tract, piece or parcel of land, they, the said parties to this deed by
their own mutual consent and agreement, have made partition and division, and by
these presents, do, for them and their heirs make partition and division of the said
tract, piece or parcel of land subject to the road or right of way and of drainage
herein after set forth in manner and form as herefore mentioned, that is to say:
First, the said Mitchell Evans shall have for his part and portions of said tract
of land, 1st that lot or parcel containing eleven an 15/1000 acres, and bounded in
the northwest by Lot No.4, on the north east by the land of Littleton Ayres; on th
south west by Lot No.2; and on the south west by Lot No.1; 2nd, that lot or parcel,
containing ____ acres, bounded on the north by said creek on the east, by Lot. No.5
and No.4; on the south by Lot No.1; and on the west, and north west by the land of
William M. Riley's heirs; and 3rd, that lot or parcel of woodland, containing 11.014
acres, bounded on the north east by Lot No.1; on the south east by woods Lot No.4;
on the south west by the land of John K. Rodgers' heirs and on the north west by
woods Lot No.5 and the land of William M. Riley's heirs, the said three lots or parcels
hereby assigned to the said Mitchel Evans, all being marked No.3 on the said plat
to have and to hold the said three lots or parcels unto him the said Mitchel Evans,
his heirs, and assigns forever in severally and divided from the parts and portions
of said tract of land herein assigned to the other parties to this deed, their heirs
and assigns. Second, the said John Evans shall have of his parts and portions of
said tract of land 1st that lot or parcel containing 11.015 acres and bounded on
the north west by said creek, on the south east by Lot No.3; on the south west and
west by Lots 1 and 3; on the north west by Lot No.5 and second that lot or parcel
of woodland, containing 11.014 acres bounded on the north east by Lot No.1; on the
south west by the land of John K. Rodgers' heirs; and on the northwest by woods Lot
No.3. The said lots or parcels hereby assigned to John Evans, being marked No.4
on the said plat, to have and to hold the said lots or parcels so marked No.4 unto
him, the said John Evans, his heirs and assigns, forever, in severally and divided
from the parts and portions of said tract of land herein assigned to the other parties
to this deed, their heirs and assigns. Third, the said George W. Evans shall have
for his parts and portions of said tract of land, 1st that lot or parcel containing
16 acres and bounded on the north east by the land of Littleton Ayres; on the south
by the land of Littleton Ayres and woods Lots No.2 and No.1; on the south west by
Lot No.1; and on the north west by Lot No.3; and 2nd, that lot or parcel of woods
land containing 11.014 acres bounded on the north by Lot No.2; on the south east
by the land of Littleton Ayres and of Thomas C. Pitts; on the south west by the land
of John K. Rodgers' heirs; and on the north west by woods Lot No.1, the two lots
or parcels so marked No.2, unto him, the said George W. Evans, his heirs and assigns
forever, in severally and divided from the parts or portions of said tracts of land
herein assigned to the other parties to this deed, their heirs and assigns. Fourth,
the said Noah Evans shall have for his parts and portions of said tract if land,
1st that lot or parcel, containing 15 acres and bounded on the northeast by Lots
No.4, No.3, and No.2; on the south and south west by woods Lots No.1, No.4, No.3
and No.5 and the land of William M. Riley's heirs; and on the north west by the land
of William M. Riley's heirs and by Lot No.3; and 2nd that lot or parcel of woodland
containing 11.014 acres bounded on the north by Lots No.1 and No.2; on the south
east by woods Lot No.2; on the south west by the land of John K. Rodgers' heirs;
and on the north west by woods Lot No.4, the said two lots or parcels, hereby assigned
to the said Noah Evans being marked No.1 on the said plat to have and to hold the
said two lots or parcels, so marked No.1, unto him, the said Noah Evans, his heirs
and assigns forever in severally and divided from the parts and portions of said
tract of land herein assigned to the other partied to this deed, their heirs and
assigns. Fifth, the said Margaret A. Marsh shall have for her part and portions
of said tract on land 1st, that lot or parcel containing 11.015 acres and bounded
north west and northeast by the said creek on the south east by Lot No.4; and on
the west by Lot No.3; and 2nd that lot or parcel of woodland containing 11.014 acres;
bounded on the north east by Lot No.1; on the south east by woods Lot No.3; and on
the south west, west, and northwest by the land of William M. Riley's heirs the said
two lots or parcels hereby assigned to the said Margaret A. Marsh being marked Lot
No.5 on the said plat; to have and to hold the said two lots or parcels so marked
No.5; unto her, the said Margaret A. Marsh, her heirs and assigns forever, in severally
and divided from the parts and portions of said tract of land herein assigned to
the other parties to this, deed, their heirs and assigns. And it is understood and
agreed between the parties the parties to this deed, and there hereby conveyed to
and with each other, as follows: that the said parties their heirs and assigns shall
have the use and enjoyment of a road or way, fifteen feet wide, in, though and over
the said tract, piece or parcel of land commencing at the line between cleared Lots
No.5 and No.4 on the east side of the glade, on the edge of the high land so as to
be fit for a road, and running southwardly along the said glade on said Lot No.4
to cleared Lot No.3, on said Lot No.3 along the ditch separating said Lot No.3 from
cleared Lot No.1, until reaches the south west corner of said cleared Lot No.3, and
thence south westwardly by direction over the cleared Lot No.1 to the main or public
road, by any of the said parties over whose lots the said road or way passes as aforesaid
shall have the right to erect and maintain such necessary gates, as they may desire
across the said road or way so as to avoid fencing and that any and all the parties,
to his deed, their heirs or assigns, shall have the right of drainage in through
and by and all ditches, and esterways, now existing in or upon the said tract of
land. And the parties to this deed hereby further consent to and with each other
that each shall have, hold and enjoy the parts and portions of said tract, piece
or parcel of land thereby assigned to him or her as aforesaid, subject to the road
or way and right of drainage aforesaid, to and for his or her own use and uses without
the suit, hinderance, interception, ordenial of the others, their heirs or assigns,
or any person claiming or to claim by from or under them or any or them them.:Witness
the following signatures and seals:
Mitchell Evans - his mark
Adaline Evans,
her mark
John Evans, his mark Mary Evans, her mark
George W. Evans, his
mark Nelly Evans, her mark
Noah Evans, his mark
John W and Margaret A. Marsh,
her mark
Recorded 9 October 1883
Sources:
______. Accomack County Deeds Deeds, No. 56, 1883-1884, p. 352.
© Copyright 2011-2012 by Gail M. Walczyk