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1822, Wythe County, VA

Harrell, Jacob

4 March 1822; This Indenture made this 4th day of March in the Year of Christ 1822 Between Jacob Harrell & Hannah his wife of the One Part and James Ward of the other Part all of Wythe County Virginia; Whereas the Said Jacob Harrell is indebted to the Trustees of the Town of Evansham in the Sum of One hundred & two Dollars the payment of which with legal interest from this day the Said Harrell is desirous to Secure to the Said Trustees; Now this Indenture therefore Witnesseth that the Said Harrell in Consideration of the premises as well as of one dollar to him in hand paid by the Said James Ward the receipt Whereof he doth hereby acknowledge, hath given granted bargained & sold & by theses presents doth grant bargain and Sell unto the Said James Ward his heirs &c. the following real property to with, One Lot of Land in the Town of Evansham known by No. 92 lying on the South East Side of Spring Street adjoining the lots of John Johnston Containing One half acre conveyed to the Said Harrell by the Trustees by deed dated the 12th day of August 1818, and of Record in the Clerks Office of Wythe County Court, also a tract of land conveyed to Said Harrell by Henry Hufford & wife by deed dated the 10th day of August 1819 and of record in the Clerks Office of Wythe County Court Containing Twenty Six acres thirteen poles lying on a South branch of Reed Creek at the foot of the north side of the Lick Mountain and bounded as followeth to wit; Beginning at a large Black Oak and two White Oaks in a draft & with a line of division North 1 ½° West 80 poles to a black oak & white oak on a ridge N 8° W 70 poles to a black oak in a draft near a Corner of Said Hufford land and as his line South 70° W 30 poles to three White oaks on a ridge, South 4° West 90 poles to three White oaks in a draft North 59° East 72 poles to the Beginning. Also the said Harrells interest in a tract of Land Supposed to contain about 200 acres purchased by the said Harrell from John P. Nye lying on the Waters of Reed Creek the legal Title of which is yet in the said John P. Nye, with their appurtenances To have & to hold the Said real property to the Said James Ward his heirs & assigns forever; and the Said Harrell & wife for themselves & their heirs the Said real property to the Said James Ward his heirs & assigns against the claim or claims of all persons Shall will and do Warrant & forever defend; Upon Trust nevertheless that if the Said Jacob Harrell Shall on or before the first day of October next pay to the Said Trustees the Said Sum of $102 with the interest due thereon as also the Expenses of drawing & recording this Indenture then this Indenture & every thing herein Contained is to become void. But upon this further Trust that if the Said Jacob Harrell Shall fail on or before the 1st day of October next to pay to the Said Trustees the Said Sum of $102 or any part thereof With Interest & Expenses as aforesaid then & in that case it Shall be lawful for the Said James Ward by giving three weeks previous notice by advertisement at the front Door of Wythe C House to proceed to sell the lot Land & Interest aforesaid at the Said front Door of Wythe CH to the highest bidder for ready money& out of the proceeds thereof; after paying the Expenses of this Trust and retaining to himself a commission of five percent on the amt of Sale for his trouble as Trustee pay and Satisfy the Trustees of Evansham aforesaid the Said Sum of $102 With the interest due thereon and the Overplus if any restore to the Said Jacob Harrell and the Said James Ward doth bind himself faithfully to Execute the trust hereby reposed in him on Testimony Whereof the Said parties have hereunto Set their hands & affixed their Seals the day and year first written.

Jacob Harrell {Seal}
James Ward {Seal}

Virginia
In the Clerks Office of Wythe County Court the 4th day of March 1822

This Deed in Trust Between Jacob Harrell and Hannah his wife of the One part and James Ward of the other part was acknowledged by the Said Jacob Harrell & James Ward as their act & Deed & admitted to be recorded

Test
J. P. Mathews CC

Margin Notes:
Delivered to R. Gibboncy, exor
Jno P. Mathews dec’d 1st April 1851
H. S. Mathews Cl

Source: Wythe County Deed Book 9, pp. 155-157

1824, Wythe County, VA

Harrell, John

14 December 1824; This Indenture made this 14th day of December 1824 Between John Harrell of the one part & John Foster of the other part both of Wythe County Virginia. Whereas the said John Harrell is indebted to Henry Hoppess Jr. the Sum of One hundred nineteen Dollars and fifty cents as will more fully appear by his note executed on the 11th day of December 1824 and payable on the 1st day of October 1825 the payment of which Sum the Said Harrell is desirous more fully to Secure to the said Hoppess. Now this Indenture Witnesseth that for and in Consideration of the premises as well as of one Dollar to him in hand paid by the said John Foster the receipt of which is hereby acknowledged to the Said John Harrell hath grated bargained & Sold and by these presents doth grant bargain & Sell to the Said John Foster all the right title Interest & claim of him the Said John Harrell as one of the heirs of William Harrell Dec’d in and to a tract of land of which his said father Wm Harrell Dec’d died Seized being the Same tract on which the Said Wm. Harrell Dec’d lived at the time of his death and the Said John Harrell’s interest being one undivided moiety at least With its appurtenances To have and to hold the interest in the land aforesaid to the Said John Foster his heirs or assigns forever against the claim of all persons Whatever. Upon Trust nevertheless that of the Said John Harrell shall on or before the Said 1st day of October 1825 pay to the Said Hoppess the Said Sum of $119.50c together with the costs of drawing & recording this Indenture then this Indenture shall be void. But on this further trust that if the Said Harrell shall fail to pay the Said Sum of money or any part thereof together with the costs aforesaid to the Said Hoppess on or before the Said 1st day of October 1825, Then full power is hereby given to the Said John Foster on being requested by Said Hoppess and after having given ten day s previous notice by advertisement posted at the front door of the courthouse of Wythe County and at Some public house in Newbern to proceed to Sell on the premises the Interest of the Said Harrell in the tract of land aforesaid to the highest bidder for ready money and out of the proceeds of Said Sale after paying the costs aforesaid & retaining a commission of five per cent on the amount of Sale to himself as a compensation for his trouble as trustee pay to the Said Hoppess Jr. the Sum of money aforesaid or any part thereof which may remain unpaid together with the interest due thereon and it is agreed between the parties that the Interest in the land aforesaid is to remain in the possession of the Said Harrell until a Sale if any Shall take place he paying all taxes &c. which may become due thereon. In Testimony whereof the parties have hereunto Subscribed their names & affixed their Seals this day & year first herein written.

John Harrell {Seal}
John Foster {Seal}

Virginia
At a Court held for Wythe County the 14th day of December 1824.

This Deed in Trust Between John Harrell of the one part and John Foster of the other part was acknowledged in Court by the Said John Harrell & John Foster as their act & Deed & the Same is ordered to be Recorded.

Teste
J. P. Mathews CC

Source: Wythe County Deed Book 9, pp. 691-692

1825, Wythe County, VA

Harrell, Elijah

14 June 1825; Know all men by these presents that we Elijah S. Harrell John Cook & John Christley are held and firmly bound unto James Pleasant Esq. Governor of Virginia and to his successors in office in the Sum of One Thousand Dollars to which payment well and truly to be made to the Said Governor and to his Successors. We bind ourselves our heirs &c. jointly & severally firmly by these presents, Sealed with our Seals & dated this 14th day of June eighteen hundred and twenty five.

The condition of the above obligations is Such that whereas the above bound Elijah S. Harrell is by the County Court of Wythe appointed a Constable in the 1st Battallion of the 35th Regiment of the militia in the Said County of Wythe. If therefore the Said Elijah S. Harrell do and Shall well and truly discharge & perform the duties of his Said Office of Constable within the limits of the district aforesaid in the Said County of Wythe during the time of his continuance in Office then the above obligation to be void else to remain in full force.

Signed Sealed & acknowledged In presence of the Court

Elijah S. Harrell {Seal}
John (his X mark) Christley {Seal}

Virginia

At a Court held for Wythe County the 14th day of June 1825.
This Bond was entered into & acknowledged in Court & ordered to be Recorded.

Teste
J. P. Mathews CC

Source: Wythe County Deed Book 10, p. 112

1803, Wythe County, VA

Harrell, John

10 December 1803; The personal estate of William Foster deceased was listed on December 10, 1803 by John T.Sayers, John Harrell, and James Ellis. Among the items listed were the following: wagon, stack of rye, a still and 3 still tubs, table, 8 chairs, tools, stretchers, mattock, hoes, clevises, irons for double tree, axes, harrow teeth, cutting box and knife, old oven, shovel and tongs, fire dogs, three books, sheep, one bay horse, cattle and other horses, a coat valued at $8, a short coat valued at $2, two wainscoats, 3 pair of breeches, 2 hats, 2 bells and collar, and 35 hogs.

Source: Wythe County Will Book 1, p. 267

1825, Wythe County, VA

Harrell, Jacob

10 November 1825; This Indenture made the tenth day of November in the year of our Lord One thousand eight hundred and twenty five Between Joseph Davis & Jacob Harrell both of the county of Wythe and State of Virginia of the one part and David McComas of the same county & state of its other part Witnesseth that whereas the Said Joseph Davis & Jacob Harrell are justly indebted to Henry Hoppess Jr. in the just and full sum of Three Hundred and twenty Dollars and eighty four cents as appears by this Bond given and bearing date on this day and payable eight months after date, the payment of which with the interest thereafter and being the said Davis & Harrell are willing and desirous effectually to assure to secure to the said Henry Hoppess Jr. This Indenture thereafter witnesseth that the said Joseph Davis & Jacob Harrell as well in consideration of the premises aforesaid is of one dollar to them in hand paid by the said David McComas the receipt whereof is hereby acknowledged they the said Joseph Davis & Jacob Harrell have granted bargained & sold and by these presents do grant bargain & sell unto the said David McComas a certain Lot or parcel of land belonging to the said Joseph Davis lying and being in the town of Evansham in the County of Wythe known in the plan of Said Town as Number fifty five on the north west side of main street and being the south west from the cross Street containing One Half acre being five poles in front on the Main Street and running back Sixteen poles being the same conveyed by the Trustees of said town to John Reddick and by an order of the Superior Court of Chancery holden at Wythe Court house directed to be conveyed by the Marshal of said court to the said Joseph Davis also Twenty five acres of land the property of the said Joseph Davis lying on the north side of Reed Creek to join on said Creek and adjoin the lands of John T Holland and include the Land & appurtenances in the possession at this time of Thomas Moore—also Twenty Six acres and thirty One poles of Land the property of Jacob Harrell lying on its south side of Reed Creek and adjoining the Land of Joseph Davis, Henry Hufford &c and being the same on which the said Jacob Harrell at this time resides with his appurtenances: To have and to hold, the said Lot, tracts or parcel of Land with this the said David McComas and his Heirs, to the sole use and behoof of the said David McComas and his Heirs, and the said Joseph Davis & Jacob Harrell for themselves and their Heirs the said Lot, Tracts or parcels of Land with their appurtenances to the said David McComas and his Heirs against the claim of themselves the said Joseph Davis & Jacob Harrell and their heirs and all other persons whomsoever, shall will and do, by theses presents warrant and forever defend: In Trust nevertheless that if the Said Joseph Davis & Jacob Harrell their Heirs, Executors or administrators do and shall well and truly pay or cause to be paid to the said Henry Hoppess Jr. his heirs or assigns, the said sum of Three Hundred and twenty dollars and eighty four cents on or before the tenth day of September on which together with the expenses of drawing and recording this Indenture then and in that case, this Indenture and every thing herein contained shall become void and of no effect. But if the said Joseph Davis & Jacob Harrell shall fail to pay the said sum of money or any part thereof on or before the tenth day of September next then it shall be lawful for the said David McComas and full power and authority is hereby given him to proceed to sell the said Lot, tract or parcel of Land with their appurtenances, so soon after the said tenth day of September next as he may be requested by the said Henry Hoppess Jr. at public auction for ready money to the highest bidder at the front door of the Court house of Wythe County as previously advertised the time and place of sale at least one month by posting a notice thereof at the front door of the Court house on some Court day, and the proceeds of such sale after paying therewith all the expenses attending the execution of this trust including a commission of six percent on the amount of sale to the said David McComas Trustee for his trouble in executing the same shall be applied by the said David McComas toward the discharge and payment to the said Henry Hoppess Jr. of the aforesaid sum of Three Hundred and Twelve Dollars and eighty four cents with interest or so much of the said sum with interest as may remain unpaid. And in further Trust that until such Sale shall be made it shall be lawful for the said Joseph Davis & Jacob Harrell and their heirs to hold and to occupy the said granted Lot & Tract of land and premises and to take and receive the rents Issues and profits thereof their and their own proper use and benefit, and also that the said Joseph Davis & Jacob Harrell and their Heirs Executors and Administrators will pay and discharge all Taxes, impositions, assessments, and other charges whatsoever which may or shall become chargeable thereon during their possession thereof, and the said David McComas doth covenant on his part that he will faithfully execute the trust hereby reposed in him In Testimony whereof the parties hereunto have to these presents have set their hand and affixed their seals the day and year first in this Indenture written.

Signed, sealed & acknowledged In presence of

Joseph (his X mark) Davis {Seal}
Jacob Harrell {Seal}
David McComas {Seal}

A.B. The following ??? before signing “just” in the sixth line the interest thereafter occurring the said Davis & Harrell are in the ninth line “Tracts” “their” in the twenty eighth line “Their” in the thirty first line “Eighty four cents” in the thirty sixth line “Recording” in the thirty seventh or last line on the first page “of Land” in the fourteenth line second page — “& twelve” in the twelfth line second page — “his” in the thirty second line first page.

Joseph (his X mark) Davis {Seal}
Jacob Harrell {Seal}
David McComas {Seal}

Virginia,
At a court continued and held for Wythe County the 10th day of November 1825. The Deed in trust between Joseph Davis & Jacob Harrell of the one part and David McComas of the other part was acknowledged in Court by the said parties as their act and Deed and Ordered to be Recorded.

Test, J. P. Mathews Cl

Margin notes: Del’d McComas, 22nd Nov 1830, A. B. Moore DC

Source: Wythe County Deed Book 10, pp. 185 – 187

1826, Wythe County, VA

Harrold, John and Sarah

13 December 1826; This Indenture made this 13th day Dec’r in the year of our Lord 1826 between John Harrold and Sarah his wife of the County of Wythe & State of Virginia of the one part and William Breeding of the County & State aforesaid of the other part Witnesseth that for and in consideration of the sum of Eleven hundred ninety eight Dollars and eighty cents to them the said John Harrold & Sarah his wife in hand paid before the ensealing and delivery of these presents doth give grant bargain and sell and by these presents hath given granted bargained sold and conveyed to the said William Breeding one certain tract or parcel of land lying on a branch of New River containing Three hundred and thirty three acres by Survey and bounded as followeth (to wit) Beginning at a large Lynn, on the patent line and corner to the line of partition between said John & Reuben Harrold & with lines of the old survey N 65° W 70 poles to a black oak on the top of a hill West 89 poles to two white oaks on the top of a hill, N 75° W 32 poles to a walnut and white oak sapling on a stony point corner to John Crocketts land S 11° W 126 poles passing s’d Crockett’s corner at 16 poles and with Thrashers to two white oak saplings in a draft S 33° E 86 poles to a Spanish oak on the top of a hill N 82 E 74 poles to a Spanish Oak S 72 E 110 poles to two white oak saplings & pine tree on the west end of a ridge corner to the land of John Chrisley and with a line thereof N 65° E 63 poles to a large white oak & back oak on s’d line and corner to the line of partition between s’d John & Reuben Harrold & with it N 21 W 116 poles passing a black oak & two chesnut oaks, called for in William Harrolds will to a black oak and hickory sapling on the top of a hill & N 22 W 126 poles crossing a branch to the beginning. Together with all and singular the appurtenances and priviledges thereunto belonging or in any wise appertaining unto the said William Breeding and his heirs to the soul use and behoof of him the s’d William Breeding & his heirs and the said John Harrold & Sarah his wife for themselves and their heirs the said land to the said William Breeding & his heirs the s’d land will forever warrant and defend the said land against the lawful claim or claims of all and every person or persons whatsoever. In Testimony whereof the s’d John Harrold & Sarah his wife hath hereunto set their hand and affixed their seals the day & year above written.

John (his X mark) {Seal}
Sarah (her X mark) {Seal}

Wythe County To wit,
We Joseph Montgomery & Randolph Fugate Justices of the peace in the County aforesaid in the State of Virginia do hereby certify that John Harrell a party to a certain deed bearing date on the 13th day of December 1826 and hereunto annexed personally appearing before us in our County aforesaid and acknowledged the same to be his act and deed and desire us to certify the said acknowledgment to the Clerk of the County Court of Wythe in Order that the said deed may be recorded. Given under our hands and seals this 13th of Dec’r 1826.

Joseph Montgomery {Seal}
Randolph Fugate {Seal}

Wythe County to wit,
We Joseph Montgomery & Randolph Fugate Justices of the peace in the County aforesaid and State of Virginia do hereby certify that Sarah Harrell the wife of John Harrell parties to a certain deed bearing date on the 13th day of Dec’r 1826 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, she the said Sarah Harrell, acknowledged the same to be her act and deed and declared that she had willingly signed, sealed, and delivered the same, and that she wishes not to retract it. Given under our hands and seals this 13th of Dec’r 1826.

Joseph Montgomery {Seal}
Randolph Fugate {Seal}

Margin note: Delivered on Order to Jesse Honaker 9 Feb’y 1829, J. P. Mathews Cl

Source: Wythe County Deed Book 10, pp. 451-452

1826, Wythe County, VA

Harrell, Reuben

14 June 1826; This Indenture made this 14th day of June in the year of Christ 1826 Between Reuben Harrell of the one part and Francis Allison of the other part both of Wythe County Virginia whereas the said Reuben Harrell is justly indebted to John Allison of said County in the sum of one hundred and thirty one Dollars and fifty cents as will fully appear by his note this day executed to the said John Allison Jr. payable Twelve months after date the payment of which sum to the said John Jr. the said Reuben is willing effectually to secure now this Indenture witnesseth that the said Reuben Harrell as well in consideration of the premises as of one Dollar to him in hand paid by the said Francis Allison the receipt of which he doth hereby acknowledge he hath given, granted, bargained f& Sold and by these presents doth give, grant, bargain & Sell to the said Francis Allison a certain tract or parcel of land containing two hundred and Sixty seven acres lying on a branch of New River being the same on which the said Reuben at present resides and the same granted to William Harrell the father of said Reuben as assee of Isaac Runnion assee of Frederick Edwards who was assignee of James Newell by patent bearing date the 10th day of July 1784 and devised to the said Reuben by the last will & Testament of his father the said William excepting out of said Tract about nine acres part thereof to wit about eight acres sold by said William in his life time to Henry Honaker and which Thomas Galbreath at present owns and on which he resides and one acre given by said William to Trustees on a site for a meeting house with its appurtenances To have and to hold the said tract of land except as before excepted with its appurtenances to the said Francis Allison and his heirs forever free from the claim of him the said Reuben & his heirs & all persons whatever Upon Trust nevertheless that if the said Reuben his heirs &c shall on or before the expiration of Twelve months from this time pay to the said John Allison Jr. the said sum of $131.50 together with the costs of drawing & recording this Indenture then this Indenture and every thing therein contained shall become void. But on their further Trust that if the said Reuben Harrell his heirs &c shall fail on or before the expiration of Twelve months from this date time to pay to the said John Allison Jr. his heirs &c the said sum of money or any part thereof that may remain unpaid, then full power is hereby given to the said Francis upon being requested by the said John Allison Jr to proceed to sell on the premises the land aforesaid to the highest bidder for ready money he having previously advertised the time & place of sale at least forty days previous thereto by written advertisement posted at the front door of the Court House of Wythe County and at some public place in the neighbourhood of said land and out of the proceeds of such sale after paying all costs of drawing & recording this Indenture expenses of sale retaining a commission of five per cent on the amt of Sale to himself as compensation for his trouble as trustee pay to the said John Allison Jr the said Sum of money or any part thereof that may remain unpaid together with any interest that may be due thereon and the balance if any pay over to the said Reuben his heirs &c and it is expressly agreed that the said land is to remain in the possession of said Reuben until sale (if any under this Deed) takes place he paying all taxes &c which may be charged thereon and the said Francis doth bind himself to faithfully execute the trust hereby reposed in him In Testimony whereof the said Reuben Harrell and Francis Allison have hereunto subscribed their names and affixed their seals the day and year first herein written.

Reuben Harrell {Seal}
Francis Allison {Seal}

Virginia,
At a Court Continued & held for Wythe County the 14th day of June 1826.

This Deed in Trust between Reuben Harrell of the one part & Francis Allison of the other part was acknowledged in Court by the said Reuben Harrell & Francis Allison as their act & deed and ordered to be recorded.

Teste
J. P. Mathews Cl

Source: Wythe County Deed Book 10, pp. 297-298

1826, Wythe County, VA

Harold, Jacob and Hannah

13 September 1826; This Indenture made this 13th day of September in the year of our Lord One thousand eight hundred and twenty six Between Jacob Harold and Hannah his wife of the County of Wythe and State of Virginia of the one part, and John D Fields of the County and State aforesaid of the other part, witnesseth that the said Jacob Harold for and in consideration of the Sum of Seventy nine Dollars, to them in hand paid, the receipt whereof is hereby acknowledged, do grant bargain & Sell, to the said John D Fields a certain tract or parcel of land lying and being in the County and state aforesaid containing ten acres and two roods (be the same more or less) and bounded as follows Beginning at a black oak near to a school house, corner to Henry Hufford, thence S. 67° W 33 ¾ poles crossing a branch to three white oaks on the top of a hill then S. 5° to 40 poles along said hill to two white oaks & a dogwood, thence N 49 ½° E. 47 poles crossing a branch to a stake on Huffords line and 1 ½ poles distant from a white oak and black oak corner to said Hufford and Harold, then N 9° W 43 poles to the Beginning. To have and to hold the said tract or parcel of land with all its appurtenances unto the said Jno D. Fields and his heirs, to the sole use and behoof of him the said Jno D. Fields and his heirs forever. And the said Jacob Harold and Hannah his wife for themselves and their heirs do covenant with the said Jno D. Fields and his heirs that they the said Jacob & wife and his heirs the said tract or parcel of land with all its appurtenances to the said John D. Fields and his heirs against the claims of all persons whomsoever shall warrant and will forever defend. In witness whereof the said Jacob Harold and Hannah his wife have hereunto subscribed their names, and affixed their seal, the day and year first above written.

Jacob Harrell {Seal}
Hannah (her X mark) Harrold {Seal}

Signed, Sealed & delivered in Presence of

JP Mathews
Peter Kinder
F. Davis

Wythe County to wit,
We Joseph Crockett & Robert Crockett, justices of the peace in the County aforesaid, in the state of Virginia do hereby certify that Jacob Harold a party to a certain Deed, bearing date on this 14th day of September 1826, and hereto annexed, personally appeared before us, and acknowledged the same to be their act and deed, and desired us to certify, the said acknowledgement to the Clerk of the County Court of Wythe in order that the said Deed may be recorded. Given under our hands & seals this 11th day of October 1826.

Joseph Crockett {Seal}
Robert Crockett {Seal}

Margin notes: Delivered grantee 20th Sept. 1831
A. B. Moore DC

Source: Wythe County Deed Book 10, p. 384

1827, Wythe County, VA

Harrell, Reuben

28 July 1827; This Indenture made this 28th day of July in the year of Christ 1827 Between Reuben Harrell of the one part and James Davis of the other part Both of Wythe County Virginia. Whereas the said Reuben Harrell is justly indebted Joseph Stephens of said County in the sum of two hundred and seventeen Dollars & thirty five cents as will fully appear by his notes this day executed to the said Joseph Stephens & payable twelve months after date the payment of which sum to the said Joseph Stephens the said Reuben Harrell is willing effectually to secure. Now this Indenture witnesseth that the said Reuben Harrell as well in consideration of the premises as of one Dollar to him in hand paid by the said James Davis the receipt of which he doth hereby acknowledge he hath given granted bargained and sold and by these presents doth give grant bargain and sell to the said James Davis a certain parcel or tract of Land containing Two hundred & Sixty Seven acres lying on a branch of new river, Being the Same on which the said Reuben now resides & the same granted to William Harrell the Father of said Reuben as assee of Isaac Runnion assee of Frederick Edwards who was assignee of James Newell by patent bearing date the 10 day of July 1784 and devised to the said Reuben by the last will and Testament of his father the said William excepting out of said tract about nine acres parts thereof to wit about Eight acres sold by said William in his life time to Henry Honaker and which Thomas Galbreath at present owns of an which he resides, and one acre given by said William to trustees as a Site for a meeting house with its appurtenances to have and to hold the said tract of Land except as before excepted with its appurtenances to the said James Davis and his heirs forever free from the claims of him the said Reuben his heirs and all persons whatever, upon trust nevertheless that if the Said Reuben his heirs &c Shall on or before the expiration of twelve months from this time pay to the Said Joseph Stephens the full sum of $217 together with the costs of drawing & Recording this Indenture, then this Indenture and every thing therein contained shall become void, But on this further trust that if the said Reuben Harrell his heirs &c shall fail on or before the expiration of Twelve months from this time to pay to the said Joseph Stephens his heirs &c the said sum of money or any part thereof that may remain upaid then full power is hereby given to the said James Davis upon being requested by the said Joseph Stephens to proceed to Sell on the premisis the Land aforesaid to the highest for ready money he having previously advertised the time & place of Sale at least forty days previous thereto by written advertisement posted at the front door of the court house of Wythe County and at some publick place in the neighborhood of said land and out of the proceeds of such sale after paying all costs of drawing and recording this Indenture expences of sale retaining a commission of five per cent on the amts of Sale to himself as a compensation for his trouble as trustee pay to the said Joseph Stephens the said Sum of money as any part thereof that may remain unpaid, together with any interest that may be due thereon on and the Balance of any pay over to the Said Reuben his heirs &c And it is expressly agreed that the said Land is to remain in the possession of Said Reuben until a Sale (if any under this deed) take place be paying all taxes which may be charged thereon and the Said James doth bind himself to faithfully execute the trust hereby reposed in him in Testimony whereof the said Reuben Harrell & James Davis have hereunto Subscribed their names and affixed their Seals this Day & year first herein writen.

Reuben Harrell {Seal}
James Davis {Seal}

Wythe County to Wit,
We Joseph Montgomery & Randolph Fugate Justices of the peace in the County aforesaid in the State of Virginia do hereby certify that Reuben County aforesaid in the State of Virginia do hereby certify that Reuben Harrell & James Davis parties to a certain Deed bearing date on the 28th Day of July 1827 and hereunto annexed, personale 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 Wythe in order that the said deed may be recorded given under our hands and seals this 14th day of August 1827.

Joseph Montgomery {Seal}
Randolph Fugate {Seal}

Virginia
At a Court held for Wythe County on Tuesday the 14th day of August 1827

This Deed in trust between Reuben Harrell of the one part & James Davis of the other part with a certificate of the acknowledgement of the said Harrell & Davis annexed was returned to court & ordered to be recorded.

Teste
J. P. Mathews Cl.

Margin notes: Delivered to James Davis 11th August 1828, LR Miller DC

Source: Wythe County Deed Book 10, pp. 567-568

1827, Wythe County, VA

Harrell, Reuben

7 November 1827; This Indenture made this 7th day of November in the year of our Lord 1827 between Reuben Harrell of the first part Joseph Graham of the second part and William Breeding of the third part whereas the said Reuben Harrell hath this day executed a bond in the penalty of five hundred dollars with certain conditions thereto annexed to the said William Breeding which the aforesaid Reuben Harrell is willing and desirious to secure, Now the Indenture witnesseth that for and in consideration of the premises and also for the further consideration of One dollar of Lawful money of Virginia to the said Reuben Harrell in hand paid by the said Joseph Graham at and before the sealing and delivery of these presents the receipt whereof is hereby acknowledged, he the said Reuben Harrell hath given granted bargained sold aliened enforced released and confirmed to the said Joseph Graham his heirs and assigns forever all that part of tract of land Lying and being in the County of Wythe and State of Virginia to contain Two hundred and Fifty acres be the same more or less adjoining the lands of Andrew Boyd, John Christly, and William Breeding and also adjoining the tract of Land whereas the Said Reuben Harrell now lives with all and Singular the appurtenances to the said tract of land belonging to the said Reuben Harrell unto the Said Joseph Graham and his assigns against all persons whatever shall and will warrant and forever defend by these presents upon trust nevertheless that the said Joseph Graham his heirs as assigns shall permit the said Reuben Harrell to remain in quiet and peaceable possession of the said tract of Land and premises with its appurtenances and to take the profits thereof to his own use until default be made in the performance in the condition of the aforesaid bond either in whole or in part and then upon the further trust the said Joseph Graham his heirs as assigns shall and will so soon after the happenning of such default as he may think proper—as the said William Breeding shall request sell the said tract of land and premises with the appurtinances or such part of the hereby granted premises as the trustee or his representatives hereby authorized to act shall think sufficient for the purpose and shall think proper to sell to the highest bidder for ready money at public auction after having fixed the time and place of sale giving the said Harrell Sixty days notice by advertisement at the Court house of Wythe County and other publick places in the neighbourhood and out of the monies arising from such sale shall after Satisfying the charges thereof and all other expenses attending the premises pay to the said William Breeding his heirs or assigns the amount of any default that may accrue in the aforesaid land, and the balance if any shall pay to the said Reuben Harrell his heirs or assigns, but if no default should accrue in the condition of the aforesaid bond to the said Wm Breeding his heirs or assigns then this Indenture to be void or else to remain in the full force and virtue. In Witness whereof the parties to these presents have hereunto set their hands and affixed their Seals the day and year first above written.

Sealed and delivered in presense of
Reuben Harrell {Seal}
Joseph Graham {Seal}

Wythe County to wit
We Randolph Fugate & James Crockett Justices of the peace in the County aforesaid in the State of Virginia do hereby certify that Reuben Harrell & Joseph Graham parties to a certain Deed bearing date on the 7th day of November 1827 personally appeared before us in our County aforesaid and acknowledged the same to be their act and Deed, and desired us to certify the said acknowledgement, to the Clerk of the County Court of Wythe, in order that the s’d Deed may be recorded. Given under our hands and Seals this 7th day of November 1827

Randolph Fugate {Seal}
James Crockett {Seal}

Margin notes: Delivered Wm Breeding 3rd Sep 1833, A. B. Moore D. C.

Source: Wythe County Deed Book 10, pp. 689-690