Land Sale: James and Isabella McDonald to Henry Whiteneck


Berkeley County Deeds, Book 23 Page 60
FHL film 0829889

McDonald to Whiteneck Deed(1)
This Indenture made this 13th day of May in the year of our Lord One thousand eight hundred & eleven between James McDonald & Isabella his wife of the County of Berkeley & State of Virginia of the one part and Henry Whiteneck of the same County & State aforesaid of the other part. Witnesseth that for and in consideration of the sum of one hundred & fifty dollars current money of the United States to the said James McDonald & Isabella his wife in hand paid by the said Henry Whiteneck at or before the sealing and delivery of these presents the receipt whereof he doth hereby acknowledge & thereof doth release, acquit and discharge the said henry Whitenenck his Exrs & admins by these presents they the said James McDonald & Isabella his wife have granted, bargained and sold and by these presents do grant, bargain & sell unto the said Henry Whiteneck & his heirs, a certain tract or parcel of Land lying & being in the County of Berkeley & State of Virginia & bounded as follows: Beginning at a stump in a line of an adjoining tract of Land belonging to the said Henry Whiteneck and comes to Lott 11° 3 thence with a line of the same S3° 104 poles to a pine corner to the same thence S80° E 38 poles to a stake corner to Lott one thence with a line of the same reversed No. 5 1/2° E 114 poles to a dead pine corner to the same and in said Henry Whiteneck's line thence S77° W 28 poles to a substituted hiccory thenc No. 81° W 15 poles to the beginning Containing twenty six acres three ?? & eighteen poles being the Lot of Land assigned by Commissioners duly appointed by the Court of Berkeley County to the said James McDonald & Isabella his wife as one of the legatees of Wm. Brunes Sen. decd. it being the one eleventh part of the whole tract divided & apportioned among the Legatees of the said decd. And all houses, buildings, orchards, Ways, Waters, Water Courses, profits, Commodities, hereditaments and appertenances Whatsoever to the sd. premises hereby granted or any part thereof belonging or in any wise appertaining and the Reversion and Reversions reaminder & remainders, rents, ??, & profits thereof and also all the estate, right, title, interest, use, trust, property, claim & demand Whatsoever of them the said James McDonald & Isabella his wife of in and to the said premises & all Deeds, evidences & Writings touching or in any wise concerning the same: To have & to hold the Lands hereby conveyed and all and singular other the premises hereby granted & every part and parcel thereof with their & every of their appertenances unto the said Henry Whiteneck his heirs & assigns forever to the only proper use & behoof of him the Henry Whiteneck, his heirs & assigns forever. & the said James McDonald & Isabella his wife for themselves their heirs Exors. & admrs. doth Covenant, promise & grant to and with the said Henry Whiteneck his heirs & assigns by these presents that they the said James McDonald and Isabella his wife now at the time of sealing & delivering of these presents are seized of a good and perfect and indefeasible estate of indenture in fee simple of and in the premises hereby granted & that they have ?? & lawful & absolute authority to grant & convey the same to the sd. Henry Whiteneck & Isabella his wife(2) in manner & form aforesaid & that the said premises now are and forever hereafter shall remain & be free & clear of and from all former & other Gifts, Grants, bargains, Sales, Dower rights and title of Dower judgements executions, titles, troubles, charges & incumberances whatsoever made, done, committed or suffered by the said James McDonald & Isabella his wife or any person or persons whatsoever (the Land tax imposed by Law only excepted & foreprized.) And Lastly that the said James McDonald & Isabella his wife & their heirs all and in singular the premises hereby granted & released with the appurtenances unto the said Henry Whiteneck & Margaret his wife their heirs & assigns against them the said James McDonald & Isabella his wife & their heirs & all & any other person and persons Whatsoever shall warrant & forever defend by these presents. In witness whereof the said James McDonald & Isabella his wife have hereunto set their hands & seals the day & year above written.

James McDonald (seal)
Isabella McDonald (seal)

signed seal'd & delivered
in presence of
interviewed before signed

At a Court held for Berkeley County the 13th day of May 1811. this Indenture of Bargain & sale from James McDonald & Isabella his wife to Henry Whiteneck, was acknowledged by the said James McDonald & Isabella his wife she being first privily examined as the Law directs & ordered to be recorded.

By the Court
Teste D. Hunter C.B.C.

Notes:


  1. This land is part of the land divided up among the heirs of William Burns, Sr.
  2. This is obviously an error, as Henry's wife's name was Margaret (see reference later in the deed).