Daniel/Scott/McMillian Deed of Trust, 1838 - Patrick Co. VA

Deed of Trust of Nehemiah Daniel, Jr. to John Scott
for Joseph McMillian, Patrick County, Virginia, 1838


This Indenture made and entered into this day of March 1838 between Nehemiah 
Daniel of the first part, John Scott of the second part, and Joseph McMillian 
of the third part, Witnesseth that the said Nehemiah Daniel stands justly 
indebted to the said Joseph McMillian in the sum of [ ? ] by bond bearing 
date the 26 day of March 1838 and the 25th of December with interest thereon 
from which the said debt the said Daniel is willing and serious to  [ ? ] to 
the said Joseph McMillian in consideration of the premises and of the sum of 
one dollar in hand paid to the said Nehemiah Daniel by the above named John 
Scott, the receipt whereof is hereby acknowledged, the said Nehemiah Daniel 
and his wife Catherine has bargained and sold and doth by these presents 
bargain and sell and convey unto the said John Scott [ ? ] a certain tract of 
land lying and being in the County of Patrick and State of Virginia 
containing 147 acres and bounded with lines as follows: to wit, Beginning at 
a black gum on the mountain, thence running S85 E75 poles to a ridge thence 
down the same S80 E52 to a corner on the said ridge N55 E86 poles S5 W60 
poles to a summit ridge S48 poles to 2 chestnut trees on the old road, S88 
W40 poles to a branch, S85 W31 to a oak crossing the branch, thence N16 W94 
to a blackgum, N46 poles to three locusts and a chestnut tree S14 E94 poles 
to a small black [ ? ] tree, thence Beginning. To have and to hold to have 
the said John Scott his executors 
[  ? ] forever so special confidence and trust the life, nevertheless if 
Nehemiah Daniel shall and will pay off the debt aforementioned on or by the 
28th of December and shall moreover pay the expenses to the debt, then the 
above obligation to the said is of no effect. But if the said Daniel shall 
forfeit the said debt or any part thereof on or by the day above mentioned, 
then and in that case the said Scott shall whenever named by the said 
McMillian sell the land above mentioned to the highest bidder for [ ? ] money 
on the premises after ascertaining the time and place of sale at least two 
months previous to the day of sale at two or more public places in the 
neighborhood of said Daniel, out of the proceeds of the said sale pay off the 
bond aforesaid to the said Joseph McMillian, much thereof as shall remain 
unpaid and the cost and commission incident to the debt over the balance of 
any to the said Nehemiah Daniel. In testimony thereof the parties have set 
their hand and seal the year last above mentioned.

M. Cloud                        Nehemiah Daniel
J. Boyd                         Citty Daniel
Richard Haynes                  John Scott
      his                       Joseph McMillian
Dudley X McMillion
      mark

       Patrick Clerk's Office 24 April 1838

The deed of Trust from Nehemiah Daniel, John Scott Trustee, for the benefit 
of Joseph McMillian was presented in the Clerk's Office aforesaid and 
acknowledged by the parties and admitted to record.

                        Teste

                              A. Staples, Clerk
                              Patrick County
                  Notes

Note (1)
Nehemiah Daniel is Nehemiah Daniel, Jr. son of Nehemiah Daniel,Sr. and Anna 
[Lyon] Daniel.

Note (2)
John Scott is the son of Thomas and Catherine Scott and the husband of 
Affirah [Ayers] Scott.

Note (3) 
Joseph McMillian is the son of Nathaniel and Anna McMillian, and the grandson 
of Abraham and Elizabeth McMillian. He would later marry Nancy Ann Haynes, 
daughter of Archibald Haynes and Sarah Ann [McMillian] Haynes.

Note (4)

M. Cloud, Witness, is Martin Cloud. Richard Haynes is the husband of Mary 
Haynes, and father of Lieutenant Colonel Alexander Haynes. Dudley McMillian 
is the son of Abraham and Elizabeth McMillian, husband of Elizabeth [Hicks] 
McMillian, and uncle of Joseph McMillian, party of the third part. 

Note (5) Citty Daniel (wife of Nehemiah Daniel, Jr.) is Catherine [Mankins] 
Daniel.


Submitted by William E. Harrold <Sealighter@aol.com>

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