Indenture from Solomon Wise and John Custis Esqr to John Wise - 4 April 1797 - Transcribed by Gail M. Walczyk
Spelling remains the same
This
Indenture made this fourth day of April in the year of our Lord one thousand seven
hundred and ninety six between Solomon Wise and John Custis Esqr both of the parish
of St. George and County of Accomack of the one part and John Wise of the same place
of the other part Witnesseth that whereas the sd Solomon Wise upon the first day
of April in the year of our Lord one Thousand seven hundred & Ninety four being indebted
unto the sd John Custis in the sum of one hundred pounds four shillings & ten pence
current money of Virginia did then make & execute his certain Indenture thereby conveying
unto the sd John Custis his heirs and assings forever a certain tract or parcel of
Land on which the sd Solomon then lived containing by estimation one hundred acres
and boundered on the South by one of the branches of Onancock Creek one the west
by the Lands of Richard Parker on the north by the Lands of John Wise & on the east
by the Lands of William Wise To have and to hold the said described & bounded lands
with the appurtenances to the sd John Custis his heirs and assings forever for the
following uses interests trusts and purposes (viz) first for securing the payment
of the sd sum of one hundred pounds four shillings and ten pence to the John Custis
and it was by the said Indenture agreed between the sd parties thereto that in case
the sd sum of money should not be paid to the sd John Custis within one Month after
the same should be demanded that then he the sd John Custis or assings should & might
of right enter into & take possession of the sd one hundred acres of Land and make
sale in a far and open maner of as much thereof as Would satisfy the sd Debt with
interest & costs there after accruing rendering afair account of his proceedings
therein for which special purposes the sd Solomon Wise for himself & his heirs appointed
the sd John Custis his heirs & assings his lawfulll attorney thereby for himself
and them relying whatever he or they might do in consequence of the sd Indenture
remainder to him the sd Solomon Wise his heirs and assings as if the sd Indenture
had never been made & whereas after the making and Executing the sd Indenture to
wit upon the Eleventh day of July in the year of our Lord one thousand seven hundred
and ninety four the sd sum of money together with Interest therein not being then
pd but remaining wholly due the said John Custis exhibited his certain bill in chancery
against the sd Solomon Wise in the court of the sd County of Accomack for the purpose
of Compelling the sd Solomon wither to pay the same or to deliver up the possession
of the sd premises so as aforesaid conveyed for the purpose aforesd to be sold or
so much thereof as might be suffecient to discharge the debt afsd and the interest
in which sd suit it was so proceeded that afterwards (towit) upon the twenty seventh
day of May in the year of our Lord one thousand seven hundred and ninety five a
final decree therein was rendered by the sd court of Accomack county whereby it was
by the sd court decreed and ordered that the said John Custis recover against the
sd Solomon Wise one hundred pounds fifteen shillings and four pence with legal Interest
thereon from the first day of April one thousand seven hundred and ninety four till
payment & the costs to be paid on or before the twenty seventh day of July then next
and if not then the land in the bill mentioned should be sold by the sheriff under
the supertinances of Charles Snead & Tully Snead after after giving public notice
of the sale at least one month previous at the Courthouse door and at Onancock Town
for ready money or so much thereof as should be sufficient to pay and Satisfy the
said Debts Interest & Costs and make return (&c) and whereas the sd Solomon having
failed to pay the sd sum of money with Interest and Costs afsd and a public sale
of the premises aforesd having been made upon the ninth day of January in the year
of our Lord one thousand seven hundred & ninety six notice by advertisement having
bee previously given pursuant to the before recited decree and the sd Solomon Wise
prefering to Sell the whole of the Land so as aforsd conveyed and the sd John Wise
having become the purchaser at the price of one Hundred and Eighty pounds current
money of Virginia to (Wit) the sum of one hundred twenty pounds current money to
the sd John Custis and the sum of Sixty pounds like currency to the sd Solomon Wise
to each of them in hand paid by the sd John Wise at and before ensealing and delivery
of these presents the recept whereof they and Each of them severally acknowledge
have given granted bargained and Sold released and Confirmed and by these presents
do give grant bargain and Sell release and Confirm unto him the sd John Wise his
heirs and assings forever the aforesaid one hundred acres of land bounded as described
as aforesaid together with all the rights members priviledge and appurtenances to
the same belonging to in any wise appertaining. To Have and to hold the sd granted
and bargained premisses with the appurtenances unto him the sd John Wise his Heirs
and assings forever an to or for not other purpose use benefit and behoof of him
the said John Wise his heirs and assings And the sd Solomon Wise for himself his
heirs Executors and Administrators doth hereby covenant and agree with the sd John
Wise his heirs Executors administrators and assings that he the said Solomon his
heirs Executors and administrators the premises aforesd with the appurtenances unto
him the sd John Wise his heirs or assings the lawfull claim demand or eviction of
all and every person or persons Whatsoever claiming the same for by or under him
he the sd Solomon will warrant and forever defend. In Testimony whereof the parties
have here unto set their hands and affixed their Seals the day & year first above
written
Solomon Wise
John Custis
Signed Sealed and delivered
in presence
ofGeorge PoulsonEdmund Wise
The words
claiming the same from by or under his he the sd Solomon interlined before, Charles
Boniwell, John West Stephen Hopkins
At a District Court held at Accomack Courthouse
the 17th May 1796 This Indenture from Solomon Wise & John Custis to John Wise was
acknowledged by the sd Solomon & John Custis in Court as their act and Deed which
is ordered to be recorded
Teste
Edmund Bayly Clk
Truly recorded
Sources:
_____. Accomack County Virginia District Court Wills & Deeds 1789-1799, pp. 159-161.
© Copyright 2011-2012 by Gail M. Walczyk