Berkeley County Deeds, Book 45 Page 445
FHL film 0831134
This Indenture, made the 28th day of September in the year of our Lord 1841 between Amos Chester and Catharine his wife of Logan County, Ohio, of the first part, and John Whitenah, of Berkeley County Virginia of the second part. Witnesseth that the party of the first part, for and in consideration of the sum of thirty seven Dollars and fifty cents, to them in hand paid, by the party of the second part, the receipt of which is hereby acknowledged. As by these presents, grant, bargain, sell, alien and confirm, unto the party of the second part, his heirs and assigns, all the estate, right, title and interest of the party of the first part, in and to a certain tract of land situate in the said County of Berkeley. Containing two hundred acres, on which the said party of the second part now lives, being the same land which descended from Henry Whitenah decd. to his children, and the mother of the said Catharine Chester being one of his children, her share or interest descended to her children upon her death, being four in number. Also all & any other interest of the said party of the first part in said tract of land.
To have and to hold the said premises: with
all the estate, rights, improvements, hereditaments
and appurtenances, thereunto belonging or
in any wise appertaining unto th eparty of
the second part, his heirs and assigns. To
the only proper use and behoof, of the party
of the second part, his heirs and assignes
forever. And the party of the first part
for themselves, their heirs, executors and
administrators do by these presents covenant
to and with the party of the second part,
his heirs and assigns, that the said party
of the first part are seized of a perfect
and indefeasible estate of inheritance in
fee simple, in the premises hereby conveyed.
and have the absolute right to bargain, sell,
and convey the same, in manner aforesaid.
And that they will warrant and defend the
said premises, unto the said party of the
second part, his heirs and assigns forever
against all claims and demands of all persons
whomsoever. In testimony whereof, the parties
have their seals, the date above written.
Signed Sealed & delivered
in presence of
Thos. J. Harriman
Paul Huston
Amos Chester (seal)
Catharine Chester (seal)
State of Ohio, Logan County, to wit:
We Thomas J. Herriman and Paul Huston Justices
of the peace, in and for said County, do
hereby certify, that Amos Chester, party
to the within deed, bearing date, the 28th
day of September 1841, this day personally
appeared before us, in our County aforesaid,
and acknowledged the same to be his act and
deed, and desired us to certify said acknoweldgement,
to the Clerk of the County Court of Berkeley
County, in the State of Virginia, in order
that the said deed may be recorded.
Given under our hands and seals, this 28th
day of September 1841.
Thos. J. Herriman J.P. (seal)
Paul Huston J.P. (seal)
State of Ohio Logan County, to wit:
We Thomas J. Herriman and Paul Huston Justices
of the peace, in and for said County, do
hereby certify, that Catharine Chester, the
wife of Amos Chester, party to the within
deed, bearing date, the 28th day of November
1841, this day 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 Catharine Chester acknowledged
the same to be her act and deed, and declared
that she had willingly signed, sealed and
delivered the same, and that she did not
wish to retract it.
Given under our hands and seals, this 28th
day of September 1841.
Thos. J. Herriman J.P. (seal)
Paul Huston J.P. (seal)
At a Court held for Berkeley County at the
Court House on the 8th day of November 1841.
This deed of bargain and sale from Chester
and wife to Whitenah, was produced in Court,
duly certified and ordered to be recorded.
Teste,
Harrison Waite C.B.C.