Grand Pockets’s Blog

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Conaway Thomas F. – Leonard Metz Deed 1855 Marion Co WV


This deed was made by Thomas F. Conaway as a deputy sheriff of Marion County as commissioner for the estate of Joshua Boyles, by order of the Chancery court. Leonard Metz bought the property at public auction.  The deed was exceptionally hard to read, it was faded and the clerk’s handwriting very crabbed, especially at line ends where he crammed words in.  Also the microfilmer had difficulty keeping the page flat so the image curls to the spine, making it even harder to read.

Thomas F. Conaway Dept. JO

To

Leonard Metz

Deed

This deed made on the 17th day of January in the year 1855 Thomas F. Conaway, party of the first part, and Leonard Metz party of the second part Witnesseth that whereas The Circuit Superior Court of Law and Chancery  of Marion County on the 22nd day of September 1847 by its decree pronounced on that day in the cause then therein pending of James P. Freeland executor of John Freeland deceased complainant and Joshua Boyles heirs JO, defendants adjudge, orders and decreed that witness the debt mentioned and specified in said decree and the costs of said suit be paid within six months after the rising of said court that the sheriff of Marion County or some of his deputies be appointed commissioner for that purpose sell the tract of land in the bill and proceedings in said cause mentioned as so much thereof as would be necessary to pay off said decree of the same could be sold in any less part than the whole without prejudice to the defendants on some Court day before the front door of the Courthouse of said county upon a credit of six twelve and eighteen months , after having advertised the time and place of sale for sixty days in some newspaper published in Marion county and by advertisement set up at some public place near the premises taking bond and security of the purchaser bearing interest from the day of sale, and whereas the said debt interest and costs not having been paid off within the time specified in said decree, the said party of the first part – who was then Deputy for William J. Willy, the then sheriff of Marion county on the year day of August 1848 after having advertised in the manner directed by said decree proceeded in front of Courthouse of Marion County to sell forty acres of the lands aforesaid laid off by Austin Merrill as surveyor of Marion County at which sale Leonard Metz being the highest bidder for said forty acres of land became the purchaser thereof at the price of one hundred and eighty one dollars as appears by the report of sale made by said Thomas F. Conaway to said court and now filed among the papers of said cause, and whereas the said Court on this 22nd day of September 1848 by decree on that day pronounced in the cause aforesaid affirmed the report of sale of said land on that day returned in said cause and directed the commissioner who made said sale to withdraw from the papers of said cause the bond executed for said purchase money of said land, collect the same as they became due and also directed said commissioner to convey the land sold by him  as aforesaid to the said purchaser thereof upon the payment of the purchase money then of which said purchase moneyhas all been paid. Now the said party of the first part in consideration of the purchase money aforesaid doth grant with special warranty unto the said party of the second part the forty acres of land aforesaid laid off by Austin Merrill as afore stated and described by a statement and calculation made by said Merrill and filed with the report of sale aforesaid and is bounded as follows to wit: beginning at a Red oak corner at a survey of 380 acres conveyed by Samuel Haniway to John Freeland and running thence witrh a line of a survey of 35 acres conveyed by Richard Merrill to Joshua Boyles S35° E 20 poles to a stake in said line thence N 26 E 84 poles to a stake in said survey thence with same N43 W 20 poles to three small dogwoods in or near said Hanways line, and with the same S27 W59 poles to a fallen Chesnut corner to said Hanway survey of 350 acres thence with a line ofthe same N58-1/2 W34-1/4 poles to a satke in said line thence N27 E 144 poles to a stake in another line of said survey and thence with the same  S59 E34-1/2 poles to the beginning.

Witness the following signatures and seals

Thomas F Conaway (seal)

Virginia To Wit:

Be it remembered that on the 17th of January 1855 the within deed bearing date on the 17th day of  January 1855 was presented to me. Thomas L. Boggess Clerk of the county Court of Marion in my office and was acknowledged by Thomas F. Conaway party thereto and admitted to record.

Thomas L. Boggess, Clerk

In the left margin is written: “Delivered to Leonard Metz Oct 6 1855”

Marion County Deed Book 7 page 327

conaway-metz-deed1conaway-metz-deed2.

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