Indenture from Solomn Wise to John Custis 4 April 1796

Indenture from Solomon Wise to John Custis 4 April 1796 - 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 Esq 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 the 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 bounded by on the 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 said John Custis and it was by the sd 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 rights 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 thereafter accruing rendering a fair account of his proceedings therein for which special [-----] the sd Solomon Wise for himself & his heirs appointed the sd John Custis his heirs and assings his lawfull attorney thereby for himself and there ratifying 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 thereon not being then pd by 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 either to pay the same or to deliver up the possession of the sd premises so as aforesaid conveyed for the purpose afoursd to be sold or so much thereof as might be sufficient to discharge the debt afsd and the interest in which sd suit 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 form 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 lands in the bill mentioned should bee sold by the sheriff [-----] under the superintendance of Charles Snead & Tully Snead after having given public notice of the sale at least on 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 sd 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 afoursd 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 been previously given pursuant to the before recited decree and the sd Solomon Wise prefering to Sell the whole of the Land so as afoursd conveyed and the sd John Wise having become the purchaser at the price of one Hundred and Eighty pounds Now this Indenture further witnesseth that the sd Solomon Wise and John Custis for and in consideration of the sum of one hundred and twenty pounds current money of Virginia (towit) the sum of one hundred and 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 be [-----] and discribed as aforesaid together with all the rights members privaladges and appurtenances to the same belonging or in any wise appertaining To Have & to hold the sd granted and bargained premisses with the appurtenances unto him the sid JOhn Wise his Heirs and assings forever and to or for mo other use intent or purpose Whatsoever by to the only proper use benifit and behoof of him the sd 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 the said Solomon his heirs Executors and Administrators the premisses afoursd with the appurtenances unto him the sd John Wise his heirs or assings against the lawfull claim demand or evection of all and every person or persons whatsoever claiming the same form by or under him he the sd Solomon will warrant and forever defend. In Testimony whereof the parties have hereunto set their hands and affixed their Seals the day & year first above written.
Solomon Wise
John Custis

Signed Sealed and delivered
in presence of
Tully Snead
George Poulson
Southy Satchel
Edmund Wise

The word Claiming the sum from by or under him the sd Solomon underlined 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 CDC
Truly Recorded

Source:

_____. Accomack County Virginia District Court Wills & Deeds 1789-1799, pp. 159-163.

© Copyright 2009-2012 by Gail M. Walczyk