Mecklenburg County
VAGenWeb
Hugh McMackin & Company Pltfs against William, James, and Lewis Toone
Defts in Debt:
Thomas Parrott Special bail for Wm Toone and
delivers him here in Court to the custody of the Sheriff whereon the
[word(s) missing] prays him etc. and the said Defendant in custody not
appearing the Severally (summarily?) called on the motion of the
Plaintiff by his Attorney It is ordered that judgment be entered for the
Plaintiff against the said Deft in custody for the Debt in the
Declaration mentioned and costs unless the said Defendant shall appear
and plead to You(?) at the next Court and Achilles Jeffries.
Special bail for James and Lewis and thereupon the said Defendants
saving to himself (sic) all advantage of exception as well to the
Plaintiff Next(?) as to his declaration prays o? of the writing
obligatory in the declaration mentioned and leave to imparte until the
next Court and then to plead.
Hugh MacMikin and Com. Pltf against William James and Lewis Toone,
Defts. in Debt:
The same judgment as last for one hundred and
thirty six pounds to be discharged by the payment of sixty eight pounds
with interest from the 10th day of April 1773 till paid and the costs
deducting twenty pounds paid 10th day of February 1773 and ten pounds
paid 12th day of April 1773.
Hugh MacMiken and Company Pltf.
against Lewis Toone, Junr. & Benjamin Harrison Defts. in Debt:
The same judgment as last for ninety six pounds ten shillings to be
discharged by the payment of forty nine pounds five shillings with
interest from the 25th day of April 1773 deducting ten pounds paid the
25th day of April 1773 and eight pounds paid November 1st, 1773.
Toone to Marable: This Indenture made on this twenty first day of
April in the year of Christ one thousand seven hundred and seventy three
between Lewis Toone the County of Mecklenburg of the one part and Mathew
Marable of the same place of the other part Witnesseth that for and in
consideration of the sum of sixty one pounds nineteen shillings and ten
pence current money of Virginia which he the said Lewis Toone justly
indebted to the said Mathew Marable and honestly desire to secure and
pay to him; and for and in the further consideration of the sum of five
shillings like money to the said Lewis Toone in hand paid by the said
Mathew Marable at and before the sealing and delivery of this the
receipt whereof he doth acknowledge and thereof and of every part
thereof doth exonerate and discharge the said Mathew Marable his heirs
Executors and Administrators, he the said Lewis Toone hath granted,
bargained, sold, and confirmed and by these presents doth grant,
bargain, sell, and confirm to the said Mathew Marable his heirs and
assigns forever, one gray horse called Jack which the said Toone had of
one Race, one bay mare which he the said Toone had in swap with his son
Lewis, twenty two head of hoggs marked with cross and under keel in the
left and a stott and under keel in the right ear, two feather beds and
furniture, and all other his household furniture of whatsoever kind with
all the appurtenances belonging or in any wise appertaining to the
premises hereby granted or intended to be granted, and the reversion and
reversions remainder and remainders and all services, benefits, and
profits of the said horse etc. and premises and all his rights, claims,
interest, and securities relating to the same To have and to hold the
said horse, mare, household furniture and other premises unto the said
Mathew Marable his heirs and assigns forever to the only proper use and
behoof of him the said Mathew Marable his heirs and assigns forever and
the said Lewis Toone doth hereby grant for himself and his heirs that
the said Lewis Toone and his heirs and every of them shall and will
warrant and forever defend the said horse etc. and other Premises and
every part and article thereof, with all and singular their rights and
appurtenances unto the said Mathew Marable his heirs and assigns forever
against him the said Lewis Toone and his heirs, and every of them and
against every other person whomsoever upon Trust Nevertheless that the
said Marable his heirs Executors Administrators or Assigns shall after
the first day of October in the year of Christ one thousand seven
hundred and [seventy] three or as soon as the said Mathew Marable his
heirs Executors Administrators or Assigns shall think as the said Lewis
Toone shall request him (whichever of these two circumstances shall
first happen) sell for the best price that can be gotten, after giving
ten days publick (sic) notice, the said [word(s) missing] and premises
and out of the money arising from such sale discharge, pay, and satisfy
to the said Mathew Marable the above mentioned sum of sixty one pounds
nineteen shillings and ten pence with lawfull interest from the twenty
first day of April one thousand seven hundred and seventy three until
the same shall be fully discharged, and the expences attending the
drawing and recording [of] this Indenture, and the contingent charges of
the sale as aforesaid and other necessary expences that shall attend the
securing and obtaining the above mentioned money, or performing anything
that is or shall be necessary relative to the intent of this Indenture;
and that the said Mathew Marable his heirs Executors, Administrators or
Assigns shall pay or made to be paid for overpayment of any ? from ?
debts to the said Lewis Toone his heirs Exec., administrators or to his
Order. In Witness whereof the said Lewis Toone hath hereunto set his
hand and seal on the day and year first above written.
Sealed and
delivered
Lewis Toone (seal)
in the presence of
Daniel
Thweatt
At a Court held for Mecklenburg County the 10th of May
1773 This Deed of Trust was acknowledged by Lewis Toone party thereto
and ordered to be recorded.
Teste
John Tabb CMC
Examined
An Indenture of Bargain and Sale between Lewis Toone and Elizabeth his wife of the one part and Thomas Pritchett of the other part was acknowledged by the said Lewis and is ordered to be recorded.
Sampson to Toone: This Indenture made this fourteenth day of April in
the year of our Lord one thousand seven hundred & seventy seven between
Benjamin Sampson of the County of Mecklenburg & Colony of Virginia of
the one part & Lewis Toone of the County & Colony aforesaid of the other
part. Witnesseth that the said Benjamin Sampson for and in consideration
of the sum of fifty pounds current money of Virginia to him in hand paid
by the said Lewis Toone the receipt whereof I the said Sampson doth
hereby acknowledge thereof doth acquit exonerate & discharge hath
granted bargained sold alienated released & confirmed & by these
presents doth bargain sell & confirm unto Lewis Toone, Jr. his heirs &
assigns forever one certain tract or parcel of land containing one
hundred acres to be the same more or less lying & being in the County &
Colony aforesaid & bound as followeth, viz Beginning at a corner black
Jack on Swepson Jeffries' line thence crossing Burton's new road on east
course to corner pine on the said Jeffries' line thence crossing the
said road again a south course to a corner pine on Richard Swepson's
thence a west course to a corner hickory on Frederick Macklin's line
thence north to the beginning on said Jeffries' line. Together with all
houses gardens orchards fences timbers trees woods ways waters water
courses implements profits commodities hereditaments and appurtenances
whatsoever to the same belonging or in any wise appertaining & the
reversion and reversions remainder & remainders rents issues & profits
of & singular the premises and every good part thereof All the estate
right title Interest Claim & Demands whatsoever whether in law or equity
of him the said Benjamin Sampson or his heirs of in or to the same or
any part thereof. To have and to hold all & singular the lands &
premises and every part or parcel thereof with the Appurtenances unto
the said Lewis Toone junr. his heirs & assigns forever and the said
Benjamin Sampson doth hereby acknowledge promise and grant to and with
the said Lewis Toone jr. that the said premises and its appurtenances is
freely & clearly discharged from all manner of Incumbrances whatsoever &
the said Benjamin Sampson his heirs Exors & Admors and for every of them
doth covenant promise & grant to and with the said Lewis Toone his heirs
Exors and Assigns to & with every of them by these presents in manner &
form following viz & that the said Lewis Toone jr. his heirs or assigns
shall or lawfully may from time to time & at all times forever hereafter
have hold use occupy possess & enjoy all & singular the (sic) land &
premises hereby bargained & sold with the appurtenancs and take and
receive the rents issues and profits to his & their own proper use
without any manner of lot suit (sic) trouble & ? Disturbance or
hindrance or any molestation of the said Benjamin Sampson his heirs or
assigns or any other person or persons whatsoever In Witness whereof I
the said Benjamin Sampson hath to thee presents interchangeably set his
hand and seal the day & year first above written.
Signed sealed &
delivered
Benjamin Sampson
In presence of
James Anderson
John Swepson
Lewis Burwell
George Tarry
At a Court held
for Mecklenburg County the 14th day of April 1777 This Indenture was
acknowledged by Benjamin Sampson a party thereto & ordered to be
recorded & Sarah his wife having been first privily (sic) examined
relinquished her right of Dower in the estate conveyed by the said
Indenture.
Teste
John Brown Ct. Clerk
Exam'd.
Mecklenburg Co., VA Order Book 5, pp. 192-193
Note that Lewis Toone,
Ludwell Evans, and Thomas Hogan were all involved in lawsuits concerning
trespass, assault, & battery.
Edward Hogan was involved in a similar
lawsuit in Amelia County, VA in 1751.
Toone to Pritchett: This Indenture made this eighth day of February
one thousand seven hundred and seventy nine between Lewis Toone and
Elizabeth his wife of the County of Mecklenburg of the one part and
Thomas Pritchett of the same County of the other part Witnesseth that
the said Lewis Toone and Elizabeth his wife for and in consideration of
the sum of one hundred and fifty pounds current money of Virginia to
them in hand paid by the said Thomas Pritchett the receipt whereof the
said Lewis Toone & Elizabeth his wife doth hereby acknowledge hath given
granted bargained sold aliened (sic) released enfeoffed and confirmed
and by these presents doth give grant bargain sell alien release enfeoff
and confirm unto the said Thomas Pritchett his heirs and assigns forever
one certain tract or parcel of land containing one hundred acres be the
same more or less bounded as followeth adjoining Tignal Jones Junr. Fed
(sic) Macklin and Richard Swepson Senr. To have and to hold the said
tract or parcel of land granted bargained and sold premises with every
of its rights members and appurtenances unto the said Thomas Pritchett
his heirs heirs (sic) and assigns forever and the said Lewis Toone and
Elizabeth his wife doth agree for themselves their heirs executors
administrators to warrant and forever defend the said granted bargained
and sold lands and premises with every of its rights privileges &
appurtenances unto the said Thomas Pritchett his heirs and assigns
forever against them the said Lewis Toone and Elizabeth his wife and
their heirs and against the claim of all and every other person or
persons whatsoever In witness whereof the said Lewis Toone and Elizabeth
his wife hath hereunto set their hands and seals the day and year first
above written
signed sealed & delivered
Lewis Toone (his mark)
(seal)
in presence of
At a Court held for Mecklenburg
County the 8th day of February 1779 This Indenture was acknowledged by
Lewis Toone a party thereto and ordered to be recorded.
Teste
John
Brown Ct. Clerk
Ex'd.
Toone to Richards: Know all men by these presents that I Lewis Toone
of the County of Mecklenburg and state of Virginia hat this day
bargained with and sold unto William Richards for and in consideration
of the sum of nine hundred and fifty dollars the receipt whereof I doth
hereby acknowledge one negro woman named Lucy and three children namely
Grandenon, Parthenia and Harriot which negro woman and children with
their future increase I do hereby warrant and defend a good and lawfull
right to the said William Richards and his heirs against the claim of me
and my heirs and against the claims of all and any person or persons
whatsoever. In witness whereof I have hereunto set my hand and seal this
fourth day of February eighteen hundred and twenty one.
Signed
and delivered
Lewis Toone (his mark) (L.S.)
In presence of
John B. Smith
William H. Richards
At a Court held for
Mecklenburg County 16th day of July 1821
The within written bill
of sale was this day proved by me of the witnesses and ordered to be
recorded.
Teste
Edward S. Tabb CC
Russell Puryear etc. to Toone: This Indenture made the 6th day of
January eighteen hundred and twentyfour between Richard Russell and
Polly his wife Richard C. Puryear and Eliza Ann his wife of the County
of Mecklenburg of the one part and Lewis Toone of same County of the
other part Witnesseth that the land Richard Russell and Polly his wife
Richard C. Puryear and Eliza Ann his wife for and in consideration of
seven hundred dollars to them in hand paid the receipt whereof we hereby
acknowledge have given granted bargained and sold and by these presents
do give grant bargain and sell unto the said Lewis Toone his heirs and
assigns forever one certain tract or parcel of land lying and being in
the County of Mecklenburg containing by estimation two hundred acres
more or less and bounded by the lands of William Pettus John Wagstaff
Thomas Norment William Richards Edwd. Loafman and John Elam together
with all houses waters profits and accoutrements and every of the
appurtenances thereto belonging to have and to hold possess and enjoy
the tract of land premises and appurtenances thereto belonging to the
duly property (sic) use and behoof of the land Lewis Toone his heirs and
assigns forever and the said Ricahrd Russell Polly his wife Richard C.
Puryear and Eliza Ann his wife do bond themselves their heirs and
assigns to warrant and forever defend the right & title against claim of
any person whatsoever to the aforesaid Land unto the aforesaid Lewis
Toone his heirs and assigns forever clear and free from all ? dowers and
every other incumbrances that shall or may come against the aforesaid
land premises forever. In witness whereof we the said Richard Russell
Polly his wife Richard C. Puryear and Eliza Ann his wife do hereunto set
their hands and affixed heir seals this the day and year above written.
Signed sealed & acknowledged
Richard Russell (seal)
in the
presence of
Polly C. Russell (seal)
R. C. Puryear (seal)
Eliza
A R Puryear (seal)
Mecklenburg County to wit
We Peyton R.
Burwell and John F. Finch Justices of the peace in the County aforesaid
in the state of vi (sic) do hereby certify that Richd Russell & Richd C.
Puryear parties to a certain deed bearing date on the 6th of January
1824 and hereto annexed personally appeared before us in our County
aforesaid & acknowledged the same to be their act and deed and desired
us to certify the said the said acknowledgement to the Clerk of the
County of Mecklenburg in order that the said deed may be recorded. Given
under our hands and seals this 2nd February 1824.
P. R. Burwell
(seal)
J. F. F. J N, C H (seal)
Mecklenburg County to wit
We Peyton R. Burwell and John F. Finch Justices of the peace in the
County aforesaid and the state of Virginia do hereby certify that Eliza
Ann Puryear the wife of Richard C. Puryear parties to a certain deed
bearing date on the 6th day of January 1824 and hereto annexed
personally appeared before us in our County aforesaid and being examined
by us privily and apart from her husband and having the deed fully
explained to her she the said Eliza Ann Puryear acknowledged the same to
be her act & deed and declared that she had willingly signed sealed and
delivered the same, and that she wished not to retract it. Given under
our hands & seals this 2nd day of February 1824.
P. R. Burwell
(seal)
J. F. F. J N C H (seal
Mecklenburg County to wit
We
Hugh Nelson and Peyton R. Burwell Justices of the peace in the County
aforesaid in the state of Virginia do hereby certify that Polly C.
Russell, the wife of Ricahrd Russell parties to a certain deed bearing
date th 6th day of January 1824 and hereunto annexed personally appeared
before us in our County aforesaid and being examined by us privily and
apart from her husband and having the deed aforesaid fully explained to
her the said Polly C. Russell acknowledged the same to be set and also
declared that she had willingly signed sealed and delivered the same &
that she wished not to retract is. Given under our hands and seals this
6th day of February 1824.
Hugh Nelson W. (seal)
Peyton R.
Burwell (seal)
Mecklenburg County Clerks Office the 17th day of
February 1824.
The within written Indenture of bargain and sale
together with the certificates of acknowledgement and relinquishment of
dower therein endorsed was returned unto the Clerks Office the 17th day
of February in the year aforesaid and pursuant to an act of a assembly
in such cases made and provided is admitted to record.
Teste
Jno G. Baptist, DC
Toone to Richards: This Indenture made this 21st day of March in the
year of Lord (sic) one thousand eight hundred and twenty six between
William Richards of the County of Mecklenburg of the one part and Lewis
Toone of the same County of the other part. Witnesseth that the said
Lewis Toone for and in consideration of the sum of eight hundred dollars
by the said William Richards to him in hand paid the receipt whereof he
the said Lewis Toone doth hereby acknowledge have granted bargained sold
delivered released and confirmed and by these presents doth grant
bargain sell release and confirm unto the said William Richards his
heirs Executors Administrators and assigns a certain tract or parcel of
land situate lying and being in the County aforesaid containing two
hundred acres be the same more or less adjoining the land of Thomas
Norment, John Wagstaff, Caphas H. Pettus, John Elam, Abram M. Charnes
and Edward Loafman – To have and to hold the said land and all and
singular the appurtenances to the same belonging or in any wise
appertaining unto him the said William Richards and his heirs and
assigns forever, and he the said Lewis Toone for himself and his heirs
the said tract or parcel of land an premises and every other person or
persons whatsoever to the said William Richards his heirs and assigns
shall and will warrant and forever defend by these presents – In witness
whereof he the said Lewis Toone hath herunto set his hand and affixed
his seal the day and year above written.
Signed sealed &
delivered
Lewis Toone (his mark) (seal)
In the presence of
Rich. Russell, Edward Keene
John T. Richards
Mecklenburg
County to wit
We Joseph B. Clausel and John S. Jeffries Justices
of the Peace in the County aforesaid in the state of Virginia do hereby
certify that Lewis Toone a party to a certain deed bearing date on the
21st day of March 1826 and hereunto annexed personally appeared before
us in our County aforesaid and acknowledged the same to be his act and
deed and desired us to certify the said acknowledgement to the Clerk of
the County Court of Mecklenburg in order that the said deed may be
recorded. Given under our hands and seals this 24th day of June 1826.
Jos. B. Clausel (seal)
John S. Jeffries (seal)
Mecklenburg
County Clerks Office the 18th day of July 1826.
This deed
together with the certificate of acknowledgement thereon endorses
pursuant to an act of assembly in such cases made and provided is
admitted to record.
Teste
Jno. G. Baptist D.C.
Toone to Richards: This Deed made the 22nd day of July in the year
one thousand height hundred and fifty between Lewis Toone sr. of the one
part and John Y. Richards of the County of Mecklenburg and the State of
Virginia of the second part. Witnesseth that in consideration of the sum
of two thousand eight hundred dollars in hand paid by the said John Y.
Richards to the said Lewis Toone the receipt whereof is hereby
acknowledged. The said Lewis Toone sr. doth grant unto the said John Y.
Richards a certain tract or parcel of land lying in the County of
Mecklenburg on both sides of Middle Blue Stone creek containing by
estimation three hundred and sixty seven acres be the same more or less
adjoining the lands of Richard H. Baptist, James Harris & others, and
the said Lewis Toone sr. releases to the said John Y. Richards all his
claims upon the said lands and that he will warrant generally the
property hereby conveyed, having the right to convey the said land to
the said John Y. Richards. Witness the following signatures and seal
Lewis Toone (his mark) (seal)
Witness
Thomas J. Gardun
Charlotte County to wit
I Thomas J. Gardun Justice of the
Peace for the County aforesaid in the state of Virginia do certify that
Lewis Toone senr. Whose name is signed to the above writing bearing date
on the 22nd day of July 1850 has acknowledged the same before me in my
county aforesaid. Given under my hand this 22nd day of July one thousand
eight hundred and fifty.
Thos. J. Gardun J.P.
Mecklenburg
County Clerks Office 19th of August 1850
This deed together with
the certificate of acknowledgement endorsed therein was this day
received in the Clerks Office aforesaid and admitted to record.
Teste
R. B. Baptist J.P.
Lewis L. Toone to Jos. L. Wootton, Tr.: This Deed made this 4th day
of August 1866 between Lewis L. Toone of the first part and Joseph L.
Wootton hereby appointed Trustee of the second part, Witnesseth, that
the said Lewis L. Toone doth grant unto the said Wootton the following
property, to wit, the tract of land on which he now resides, with all
its appurtenances, containing about two hundred and sixty acres, and all
his household and kitchen furniture. In Trust to secure a debt due to Wm
R. Toone of twelve hundred and fifty dollars by hand dated 1st day of
May 1866 bearing interest from date. And it is agreed by the parties
hereto that said Lewis L. Toone shall have the use, possession, and
enjoyment of the property hereby conveyed until the sale thereof, and it
is further agreed by the parties that whenever the collection of
payments of debts generally in Virginia can be ? by process of the
Courts thereof, then the said Trustee upon the request of Wm. R. Toone
may sell the property aforesaid at auction, the land on one and two
years credit, and the other property for cash, and out of the proceeds
of sale, after paying the costs of executing this deed including 5 per
cent commissions to the Trustee, he shall then pay and discharge the
debt aforesaid, and the balance if any pay to Lewis L. Toone or his
order. Witness the following signatures & seals.
Lewis L. Toone
(seal)
Joseph L. Wootton (seal)
In the Clerk's office of
Mecklenburg county Court, August 4, 1866,
The foregoing Deed of
Trust was this day acknowledged in the Clerk's office aforesaid by Lewis
L. Toone and Jos. L. Wootton to be their act and deed, and with Internal
Revenue Stamps of the value of $1.22 (?) affixed thereto, and duly
cancelled is admitted to record.
Teste R. F. Clack, Clk.
Submitted by Kathy Turner December 30, 2010
Mecklenburg County VAGenWeb Copyright
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