Shelton/Sharp Deed of Trust, 1830

Patrick Co., VA, Deed Book 7, page 310.
Grantor: Herbert SHELTON
Grantee: Samuel SHARP (Trustee)
Date: 6 February 1830

     This Indenture made this 6th of February 1830 Between Herbert Shelton 
of the County of Patrick State of Virginia of the 1st part, Saml Sharp of 
the same County of the 2nd part and Abram Staples, George Carter & Silas 
Carter Commissioners acting under a decree of the County Court of Patrick in
the case Sheltons heirs against Sheltons of the 3rd part Witnesseth that 
whereas the said Herbert Shelton became the purchaser of a tract of Land 
sold under the said Decree for the sum of four hundred and fifty three 
dollars payable in three annual installments the first of which becomes due 
the 14th day of January 1831 and he being desirous to make good & secure the
payment thereof agreeable to the tenor of his several bonds executed 
therefore and for the further consideration of the sum of One dollar to him 
in hand paid by the said Saml Sharp the receipt whereof is hereby 
acknowledged and confessed., hath granted, bargained & sold and by these 
presents doth grant bargain & sell, alien, enfoeff and confim unto said 
Sharp the aforesaid Tract of Land Situate lying and being in the County of 
Patrick on the waters of South Mayo river containing two hundred and eighty 
nine acres more or less it being the same Tract on which Elam Newman at 
present resides and bounded by the lands of Abram Staples Saml Gilbert and 
Christopher Clark with its appurtenances.  To have and to hold the above 
granted land and premises with all and singular its appurtenances to the 
only proper use behoof and benefit of him the said Saml Sharp his heirs & 
free from the claim or claims of the said Herbert Shelton and all other 
person or persons whatsoever claiming under him either in Law or equity.

     In Trust nevertheless that the said Herbert Shelton shall hold 
possession of the said Land and premises and enjoy the rights and profits 
thereof until the first payment as above mentioned shall become due and upon
this further trust that if he shall or heirs well and truly pay the said 
first installment to the said Commissioners or their assigns then and in 
that case he is to hold possession as aforesaid until the 14th day of 
January 1832 when the 2nd payment is due, and if he or his heirs shall well 
and truly pay the said 2nd Installment he is to remain in possession of the 
premises as aforesaid until the 14th day of Jany. 1833 the time of payment 
of the 3rd instalment, and if the 3rd installment shall be paid when due 
then this Indenture to be null and void.  But should he fail in the payment 
of either instalment then and in that case the said Saml Sharp doth oblige 
himself his heirs & whenever thereto required by the said Commissioners or 
their assigns to sell the said tract of Land to the highest bidder for ready
money as such place as he the said Sharp shall think best, previously 
advertising the time and place within the County at least one month and out 
of the proceeds thereof first pay the expence of recording and carrying this
deed into effect and the said 1st installment to the said Commissioners and 
so on in case of failure in the payment of either installment as they may 
become due and the surplus if any pay to the said Herbert Shelton or his 
legal representative.

     In Testimony whereof the parties have herewith set their hands and 
affixed their seals the day and year first above written..
     
Signed sealed and delivered             Harbert Shelton       L.S.
     in presence                        Saml Sharp            L.S.
  Wm Lyon
  John Lyon
  William Edwards

          Patrick March Court 1830

                 This Deed of Trust from Harbert Shelton and Saml Sharp 
Trustee to A. Staples & Commissioners was proved and ordered to be recorded.

							Teste

							 William Edwards     D C


(Transcribed by Mary C. Smith from a photocopy of  the deed of trust 
provided by the  Patrick County Circuit Court, Stuart, Va.)

Submitted by Mary C. Smith <carthage42@hotmail.com>

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