Walton - Obannan Lease Release and Bond
Submitted by Charolette
“Chocy” Brown
Henry WALTON to Bryan OBANNAN
Lease and
Release and Bond
“Frederick County, Virginia Deed Book No. 3”
(LEASE)
Page 122
This Indenture made the
nineteenth day of September in the year of our Lord one Thousand Seven
Hundred and Fifty three Between Henry WALTON of the County of Frederick
and the Colony of Virginia of the one part and Bryan OBANNAN of the
County of Prince William and Colony aforesaid of the other part.
Witnesseth that the said Henry WALTON for and in Consideration of the
Sum of Five Shillings Sterling to him in hand paid by the said Bryan
OBANNAN at or before the Sealing and Delivery of these present doth
Grant Bargain and Sell unto the said Bryan OBANNAN two Hundred and fifty
Seven Acres of Land Lying and being in the County and Colony aforesaid
and being Granted to the said Henry WALTON by the Right Honourable
THOMAS LORD FAIRFAX by Deed Bearing date fifteenth day of June one
Thousand Seven Hundred and fifty one (as by the said Deed may appear
Beginning at a Hiccory to Tully McKENNY and Extending thence South
thirty Two Degrees West Two Hundred and Forty four poles to a white oak
Saplin Standing in a poison Field thence south Sixty Degrees East Two
Hundred poles to a locust thence North thirty Two Degrees East Two
Hundred and forty one poles to a Hiccory Saplin and white oak Saplin
Standing in the Line of Tully McKENNY thence with his Line North Sixty
Degrees West Eighty poles to a red oak thence North thirty Degrees East
Twenty poles to a red oak Thence North Sixty Degrees west one Hundred
and Twenty poles to the Beginning and all Houses orchards Buildings ways
waters water Course Profits Commodities Hereditaments and appurtenances
whatsoever to the said premises Hereby Granted or any part thereof
Belonging or in any Wise appertaining and the Reversion and Reversions
Remainder and Remainders Rents Issues and profits thereof To have and to
hold the said Tract or parcel of land and all and Singular other the
premises Hereby Granted with the appurtenances unto the said Bryan
OBANNAN his Heirs Executors and assigns from the day before the Date
Hereof For and During the full Term and Time
Page 123
Of
one whole year from Thence Next Ensuing fully To be Completed and Ended
Yielding and Paying therefore the Rent of one peper Corn on the feast of
St.Michell the Arch Angle of the same shall be Demanded To the Intent
and purpose that by vertre of these presents and of the Statute for
Transfering uses into possessions the said Bryan OBANNAN may be Hereby
Enabled to accept and take a grant and Release of the Reversion and
Inheretance thereof to him and his HEIRS In Witness whereof the said
Henry WALTON hath Here unto Set his hand and Seal the Day Month and year
first above Wretten
Sig’d seal’d and Delivered
In the
presents of us}
Jacob HITE Henry (his HW mark) WALTON seal
John (his I mark) BROOKS
R. WORTHINGTON
Margret PITTS
Cathran HITE
John SMITH
At a Court continued
and held for Frederick County
On Wednesday the 3rd day of October
1753
Henry WALTON in open Court acknowledged this his Lease for
Land
To Bryan OBANNON which on the Motion of the said Bryan is
admitted to Record.
Teste
J WOOD CC
(RELEASE)
Page 123
This Indenture made the
Twentieth day of September In the year of our Lord one thousand Seven
Hundred and fifty three Between Henry WALTON and Alice his wife of the
County of Frederick and Colony of Virginia of the one part and Bryan
OBANNON on of the County of Prince William and Colony aforesaid of the
other part Witnesseth that the said Henry WALTON and Alice his wife for
and in Consideration of the Sum of Sixty pounds Current money to Them in
Hand paid by the said Bryan OBANNON at or before the Sealing and
Delivery of these presents the Receipt Whereof they do Hereby
acknowledge and thereof doth Release acquit and Discharge the said Bryan
OBANNAN HIS Heirs and Executors Administrators he the said Henry WALTON
and Alice his wife Hath Granted Bargained and Sold aliened Released and
Confirmed and by these presents doth Grant Bargain Sell alien release
and Confirm unto the
Page 124
Said Bryan OBANNAN in his
actual Possession now being by Virtue of a Bargain and Sail to him
thereof made by the said Henry WALTON and Alice his wife for one year by
Indenture Bearing the date the Day next before the day of the date of
these presents and force of the Statute for Transfering Uses into
Possession of him the Said Bryan OBANNAN & his Heirs and Assigns forever
Two Hundred and fifty Seven Acers of Land Lying and being in the County
& Colony aforesaid and being Granted to the said Henry WALTON by the
Right Honourable LORD THOMAS FAIRFAX by Deed Bearing date the fifteenth
day of June one Thousand Seven Hundred and fifty one (as by the said
Deed may appear Beginning at a Hiccory Corner to Tully McKENNY and
Extending thence south thirty two Deg’r West Two Hundred forty four
poles to a white oak standing in a Poison Field Thence South Sixty
Degrees East Two Hundred poles to a locust Thence North Two Degrees East
Two Hundred and forty four poles to a Hiccory Saplin and white oak
Saplin Standing in the line of Tulley McKENNY thence With his Lines
North Sixty Degrees West Eighty poles to a red oak Thence North thirty
Degrees East Twenty poles to a red oak Thence North Sixty Degrees West
one hundred and twenty poles to the Beginning and all Houses Orchards
ways waters water courses profits Commodities Hereditaments and
appurtenances whatsoever to the said premises Hereby granted or an y
part thereof Belonging or in any wise appertaining and the Reversion and
Reversions Remainder and Remainder Rents Issues and Profits thereof and
also all the Estate Right Interest use Trust property Claim and Demand
Whatsoever of him the said Henry WALTON of in and to the said premises
and all Deeds Evidences & weightings Touching or in any wise Concerning
the same To have & to hold the said Tract or parcel of Land and all and
Singular other the premises Hereby Granted and released and Every part
and parcel thereof with Every of there appurtenances unto the said Bryan
OBANNAN his Heirs and Assigns forever To the only use and Behoof of him
the said Bryan OBANNON and of his Heirs and assigns forever and the said
Henry WALTON and Alice his wife for themselves his Heirs Execut’rs
administrators doth Covenant promise and Grant to and with the said
Bryan OBANNAN his heirs and assigns by these presents that they said
Henry WALTON and Alice his wife now at the time of Sealing and
Delivering of these presents is Seized of a good sure perfect and
Indefeasible Estate of Inheritance in fee Simple at in and to the said
premises Hereby Granted and released and that he hath Good power and
Lawful and Absolute authority to grant & Convay the same to the said
Bryan OBANNAN in Manner and form aforesaid
Page 125
And
that the said premises now are and so forever Hereafter shall Remain and
be free and Clear of and from all other and former gifts Grants Bargains
Sails Dower Right and Title of Dower Judgment Executions Titles Troubles
Charges and Incumbrences whatsoever made Done Committed or Suffered by
the said Henry WALTON and Alice his wife or any other person or persons
Whatsoever & the Quite rents to become Due and Payable to the Right
Honourable THOMAS LORD FAIRFAX his Heirs and Successors for and in
Respect of the said premises only Excepted and foreprised and Lastly the
said Henry WALTON and Alice his wife and his Heirs all and Singular the
premises Hereby Granted and Released with their appurtenances unto the
said Bryan OBANNAN his Heirs and Assigns against them the said Henry
WALTON and Alice his wife and his Heirs and all and Every other person
and persons Whatsoever shall and will warrant and for Ever Defend by
these presents In Witness where of the said Henry WALTON and Alice his
wife Hath Hereunto Set their Hands and Seals the day month and year
first above Written.
Memorandum the above Interment ion
of the words (Alice his wife) was made before Sealing and Delivery
Sig:d Sea:d and Delivered
In the presents of
----------} Henry (his HW mark) WALTON seal
Jacob HITE Alice (her
A mark) WALTON seal
John (his I mark) BROOKS
R.
WORTHINGTON
Margrat PITTS
Cathan HITE
John SMITH
3rd October 1753
Received of Bryan OBANNION the
Sum of Sixty Pounds Current Money in full of the Consideration within
Mentioned
Test
J WOOD Henry (his HW mark) WALTON
R
RUTHERFORD
At a Court continued and held for Frederick
County
On Wednesday the 3rd day of October 1753
Ex’d
Henry WALTON and Alice his wife (the said Alice being
privately Examined) in Open Court acknowledged this their Release for
Land to Bryan OBANNON and the said Henry also acknowledged the Reemit
Endowed on this Release which on the motion of the said Bryan is
admitted to Record.
Teste
J WOOD CC
(BOND)
Page 126
Know all men by these presents that I Henry
WALTON of the County of Frederick and Colony of Virginia am held and
firmly Bound and Doth Stand Justly Indebted unto Bryan OBANNAN of the
County of Prince William and Colony aforesaid in the full and Just Sum
of Two Hundred pounds Current Money of Virginia To the which payment
well and Truly to be made and Done to the said Bryan OBANNAN his Certain
attorney his Heirs Executors Adm’r or assigns I Binds myself my heirs
Executors Administrator Jointly and Seventy for the whole and in the
whole firmly by these presents Sealed with my Seal and Dated this
Twentieth day of September one Thousand Seven Hundred and fifty three-
The Condition of the above Obligation is Such That it the
above Bounded Henry WALTON for himself his heirs Executors
Administrators shall and do Convay by Good and Sufficient deeds of lease
and Release unto the above Named Bryan OBANNAN his Heirs and Assignees
forever one Small Tract of Land Lying and Being in the said County a
joining to one Tutty McKENNYS Land Containing Two Hundred and fifty
Seven acres of which Land the above Bounden Henry WALTON hath Obtained
the Right Honourable THOMAS LORD FAIRFAX deed for Bearing date the
fifteenth day of June one Thousand Seven Hundred and fifty one and that
the above Bounden Henry WALTON for himself his Heirs & do Covenant
promise and grant to and with the said Bryan OBANNAN his heirs and
assigns forever the said Land and Premises with their Appurtenances now
is and so for ever hereafter Shall remain and be free and Clear from all
other or former gifts grants Bargains Sails Judgments Executions Extents
or any other Incumbrences whatsoever which has heretofore been made
Suffered Committed or done by him the said Henry WALTON or any other
person or Persons whatsoever and also that he the said Henry WALTON his
heirs be at any Time or Times hereafter at the request of him the said
Bryan OBANNAN his heir or Assigns shall & do Execute and perform to the
said Bryan OBANNAN his heirs or Assigns all an singular other Such deed
or deeds Convey or Conveyances unto the said Bryan OBANNAN his Heirs and
Assigns as the said Bryan OBANNON of him Self or Attorney or Attorneys
for him or them Shall be most Cunningly Lernt in the law for the Better
securing the Rights and privileges of the said Land and premises their
and every of their appurtenances unto the said Bryan OBANNAN his heirs
and Assigns forever and
Page 127
And Lastly that the Said
Henry WALTON Shall and do Cause his wife to Acknowledge her Right of
Dower to the said Land by the third day of October Next Ensuing the Date
thereof That then the above obligations to be Voide or Else to Stand and
Remain in full force power and verified in the Law.
Signed Seal’d
and Delivered
In the Presence of}
Jacob HITE
John
(his I mark) BROOKS
R. WORTHINGTON
Margrat PITT
Cathan HITE
John SMITH Henry (his HW mark) WALTON seal
At
a Court continued and held for Frederick County
On Wednesday the
3rd day of October 1753
Henry WALTON in Open Court
Acknowledged this his Bond to Bryan OBANNAN which on the motion of the
said BRYAN was admitted to Record.
Teste
J. WOOD CC
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