Mackey - Lee
Submitted by Charolette “Chocy” Brown
Frederick County, Virginia Husting Court
Winchester Deed Book V-1-2,
1789-1813
Page 474
This Indenture mad the ___ (?) day
November in the year of our Lord
one thousand eight hundred and
twelve Between Doct. Robert MACKY and
Catherine, his wife of the Town
of Winchester in the County of Frederick
Page 475
And
State of Virginia of the one part and Daniel LEE of the same Town,
County and State of the other part. Witnesseth that the said Robert
MACKEY as well for and in consideration of the unto and covenants herein
after reserved for and in consideration of the sum of one Dollar to him
in hand paid by the said Daniel LEE the receipt whereof is hereby
acknowledged. Hath granted bargained, sold, aliened, released and
confirmed and by these presents doth grant, bargain, sell, alien,
release, and confirm unto him said Daniel LEE his Heirs and assigns
forever four lotts of ground situated in Wood’s Addition to the Town of
Winchester distinguished in a platt of said Addition by the number
thirteen fourteen thirteen fourteen contained in one complete square
bounded on the eastward by Washington Street on the southward by
Clifford Street on the westward by Stewart Street and on the Northward
by Cork Street containing each one hundred and seventeen feet in front
and one hundred and eighty-eight feet six inches in ____ (?) depth being
the same four Lotts which the said Robert MACKEY sold and conveyed to
Obed WAITE the 5the day of January one thousand seven hundred and ninety
five but the deed was never recorded and the said Obed WAIT hath sold
the said four Lotts to the said Daniel LEE and assigned him the said
Deed which is now delivered up to the said Robert MACKEY to be
cancelled.
And all house, buildings, orchards, ways waters water
courses profits
commodities hereditaments and appurtenances to the
said four Lotts
belonging or in any wise appertaining, and the
reversion and reversions
remainder and remainders, rents, fees, and
profits thereof and all deeds
evidences and writings touching or in
any wise concerning the same ----
To Have and to Hold the said four
Lotts with their appurtenances unto
him the said Daniel LEE his heirs
and Assigns To the only proper use and
behoof of him the said Daniel
LEE and his Heirs and Assigns forever ----
nd the said Robert MACKEY
doth for himself and his Heirs covenant with
the said Daniel LEE and
his Heirs by these presents that he the said Robert
MACKEY and his
Heirs will well and truly warrant and sized the said four
Lotts unto
him the said Daniel LEE his Heirs and assigns free and clear of
all
manner of incumbrance whatsoever forever except as here after provided
or to wit. He the said Daniel LEE and his Heirs or Assigns yielding &
paying
unto the said Robert MACKEY his Heirs or assigns forever the
annual rent of
twenty Dollars on the eight day of January in each and
every year forever
the first payment to be made on the eight day of
January next 1813 or until
he shall pay off or cause to be paid to
the said Robert MACKEY his Heirs or
Assigns the sum of four hundred
dollars in Gold or Silver currant money of
the United States and in
case the said annual rent or any part thereof
shall be unpaid for the
space of ninety days after the same shall all be
due in any one year
and no distress can be
Page 476
Had on said premises then
the said Robert MACKEY his Heirs or Assigns shall
and may enter into
said four Lotts with their Appurtenances and hold them
as if this
Deed had never been made And the said Daniel LEE doth for himself
and
his heirs covenant to and with the said Robert MACKEY his heirs and
assigns that he will and truly pay the aforesaid annual rent of twenty
dollars
in Gold or Silver currant money of the United States yearly
and every year
forever. And it is agreed by and between the said
parties that if he the said
Daniel LEE HIS Heirs or Assigns shall at
any time pay to the said Robert
MACKEY his Heirs or assigns the sum
of four hundred Dollars in Gold or Sliver
currant money of the United
States with all the annual Rents then due that then
the annual rent
hereby reserved shall cease and determine. In Witness
where of the
said Robert MACKEY and Catherine his wife, and said Daniel LEE
have
here unto set their hands and seals the day and year first written,
In presence of Robt MACKEY seal
John MACKEY Kitty MACKEY seal
Frederick MACKEY Dan LEE seal
Daniel GOLD
Calvin GOLD
}unto V M
$ $ L 19 Nov 1812
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