Grand Pockets’s Blog

Genealogy, Family, Poetry and Peeves

Smith John F, Joshua W. Hutchison, Thomas S Boggs Trust Deed 1844


These fellas are but cousins of mine but the deed is wonderful and I had to transcribe and include it. Hopefully a Smith, Boggess or Hutchison descendant finds it.

JF Smith

to

Hutchison use Boggess: T Deed
(above in margin to left of instrument)

This indenture made & entered into this 12th of February 1844 between John F Smith of the first part. Joshua W Hutchison trustee of the second part & Thomas S. Boggess of third part all of the county of Marion & State of Virginia, Whereas the said John F Smith is Justly indebted to the said Thos. S Bogess in the sum of $20 as Security to John E Wells in aforesaid to the same in a bond for the forth coming of property. Which claim the said Smith is willing and desires to secure the payment of. And whereas the said Boggess & Smith have mutually chosen Joshua W. Hutchison to Execute the trust and confidence as hereby reposed in him, Now this indenture, witnesseth that the said Smith for and in consideration of the sum of one dollar to him in hand paid and the more effectually Securing the said debt aforesaid hereby acknowledges the payment of one dollar hath granted bargained and sold and by these presents doth grant bargain and sell unto the said Joshua W. Hutchison one acre of Land purchased from William Nuzum with a frame house thereon in which he now resides And one Cow Two Beds & Bedding Two Bed Steads & all the household & Kitchen furniture, under this special trust and understanding, that is to say that if the said Smith shall fail to pay off the said debt on or against the first of April next then it may be lawful for the said Hutchison his Executor or administrators or lawful agent to proceed to sell the said Lot and personal property as above described at public auction to the highest bidder for ready money & out of the proceeds of such sale, after deducting a reasonable compensation for the trustee and two dollars for writing and recording the deed Shall pay off the said debt if sufficient remains and any residue pay to the said Smith his heirs etc provided at least ten days Notice be given before such sale takes place by an advertisement at the court house door of Marion county Stating the time manner and terms of such sale and said Hutchison doth covenant to and with the said John F Smith that he will not disturb him in the quiet and peacable possession of the said property until such Sale takes place & if no sale takes place he will reconvey the same. In testimony thereof we the parties of the first and second part, hereunto set our hands and seals the day and year above written.

John F Smith (seal)

J W Hutchison (seal)

Recorded in Book One page 376 Marion County Recorder

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