1831 Deed, Henry Deputy to Samuel Walton

Date: 28 Jun 1831 [unknown]
Location: Cedar Creek Hundred, Sussex County, Delaware, United States
Surnames/tags: deputy walton hays

1. Date: 28 Jun 1831
   1. Deed: Henry Deputy and Nancy his wife to Samuel Walton ^[1]
   2. Location: Cedar Creek Hundred, Sussex County, Delaware
      1. Tract: 40 acres

Deed

This Indenture made this 28th day of June in the year of our Lord, one thousand eight hundred and thirty one (1831) between Henry Deputy and Nancy his wife of the County of Wood in the State of Virginia and Samuel Walton of Sussex County and State of Delaware

Witnesseth; Whereas the said Henry Deputy and Nancy his wife in right of said Nancy are entitled by the laws of inheritance of this State to one undivided sixth part of a certain piece or parcel of land, being the one third part of the intestate lands of Joshua Hays dec'd , which were assigned to Betsey Hays, dec'd widow of the said Joshua Hays dec'd, for her dower in the said intestate lands, and which said one third part, or dower lands of the said Betsey Hays remain undivided as by the report of five freeholders appointed by the Orphans' Court at George town the first day of April one thousand eight hundred and twenty eight (1828) recorded in the records of said Court will more fully appear.

Now this Indenture witnesseth, that the said Henry Deputy and Nancy his wife for and in consideration of the sum of forty five dollars the receipt whereof they do hereby acknowledge, have granted, bargained and sold, aliened, conveyed and confirmed and by these presents do hereby grant, bargain and sell, alien, convey and confirm to the said Samuel Walton his heirs and assigns all their undivided right part and share of and in the above mentioned piece or parcel of dower lands above mentioned situate in Cedar Creek Hundred, Sussex County & State of Delaware, meted and bounded as follows;

Beginning at a stone in a line of the lands of Donovin Spencer and a corner for lands of William Fountain thence with said Fountain's line South forty eight and a half degrees East two hundred and ninety six perches to a stone on the edge of a point of woodland belonging to John Bryan thence with Bryan's land South eighty two degrees West to and along the middle of a branch fifty four and two tenths perches, thence up the road twenty two perches to a post a corner of the two thirds part of the land of said Joshua Hays dec'd which were sold to pay the debts of the said Joshua Hays dec'd and now in the possession of William Pierce, sen, thence there with North five and a half degrees East twenty nine and a half perches to a marked red Cedar standing on the graveyard, thence North ten and a half degrees East twenty perches to a post, thence North thirty eight degrees East six and a quarter perches to a large forked Mulbery Tree near the house thence North eight three quarter degrees West forty perches to a post ten and a half degrees East fifty three perches to a post standing one perch in perpendicular distance from the line of William Fountain's land, thence paralell thereto North forty eight and a half degrees West sixty eight perches to a Stone, thence south seventy one degrees west thirty one and a half perches to a post, thence North forty eight and a half degrees West thirty six and one half perches to a stone in a line of the lands of Donovan Spencer thence there with North forty two degrees East twenty eight perches to the place of beginning computed to contain forty four acres be the same more or less, and also all trees, woods, underwoods, ways, water courses, houses, gardens, fences, enclosures, amenities, profits, advantages, hereditaments, and appurtenances, whatsoever in right of them the said Henry Deputy and Nancy his wife to the said forty four acres of land above mentioned belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits of the said premises and of every part and parcel thereof; and all the estate right title, interest, claim and demand whatsoever of them, the said Henry Deputy and Nancy his wife of in and to the said forty four acres of land and premises and every part thereof. To have and to hold the said forty four acres of land and all and singular other the premises above mentioned and every part and harvest thereof with the appurtenances so far as in right of them the said Henry Deputy and Nancy his wife belongs or appertains in right, law and equity unto the said Samuel Walton his heirs and assigns to them only proper use, benefit and behoof

And the said Henry Deputy and Nancy his wife for themselves and their heirs and each of them and against all and every other person and persons against their right in said forty four acres of land, will warrant forever, defend to the said Samuel Walton his heirs and assigns by their presents. In writing whereof the said Henry Deputy and Nancy his wife have hereunto set their hands and seals the day and year first above written.

Henry Deputy (seal)

Nancy Deputy (seal)

Signed sealed and delivered in the presence of us, the words underlined before the ensealing hereof

Wood County to wit: We , Matthew Cashel, and H.L. Prentiss do certify that Henry Deputy , a party to a deed bearing dates the 28th day of June 1831, hereto personally appeared before us and acknowledge the same to be his free act and deed and requested us to Certify the same to the clerk of Wood County and State of Virginia in order to be recorded, given under our hands and seals this 2d July 1831.

Matthew Cashel (seal)

H.L. Prentiss (seal)

Wood County Virigina to wit: We Matthew Cashel and H.L. Prentiss do Certify that Nancy Deputy a party to a Deed bearing date the 28th June 1831 personally appeared before us in said County and being examined separate and apart from her husband, acknowledged the same to be her act and deed and wished us to Certify the same to the clerk of Wood County in order to be recorded given under our hands and seals this 2nd July 1831.

Matthew Cashel (seal)

H.L. Prentiss (seal)

Virginia, Wood County.

I John Stevenson Jr Clerk of the County Court of Wood County do hereby Certify that Matthew Cashel and Henry L Prentiss whose names are assigned to the written acknowledgements were at the time of such signature, acting Justices of the Peace in and for said County duly commissioned and qualified as such and that full faith and credit is to be given to their acts and doings in the premises in testimony whereof I have hereunto set my hand and affixed the (seal) of the said County Court this 6th day of July 1831 and in the 56th year of the Commonwealth.

J Stephenson Jr, Clerk.

This deed was lodged in the Recorders' Office in and for the County of Sussex on the ninth day of August eighteen hundred and thirty one.

G.A. Ewing, Recorder

Sources

1. ↑ Delaware, Land Records, Sussex County