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Hampshire County
Virginia


Henry Neff to Josias Smoot
A Deed ~ 1799

(Hampshire County Virginia Deed Book 12, page 73)
Transcription contributed by Dennis M. Smoot


Neff
to          | Deed
Smoot
     This Indenture made the thirty first day of August in the year of our Lord one thousand seven hundred and ninety nine between Henry Neff, one of the sons of Henry Neff deceased, and Elizabeth his wife of the County of Hampshire and Commonwealth of Virginia of the one part and Josias Smoot of the county and state aforesaid of the other part. Whereas the said Henry Neff decd died seized in fee simple of several tracts or parcels of land lying and being in the said county and whereas the said Henry Neff died intestate leaving nine children. Now This Indenture Witnesseth that the said Henry Neff (son of the said deceased Henry) and Elizabeth his wife in consideration of the sum of fifty five pounds lawful money of this commonwealth to them in hand paid by the said Josias Smoot at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, have bargained and sold and by these presents do bargain and sell unto the said Josias Smoot, his heirs and assigns one ninth undivided part of all the tracts or parcels of land aforesaid together with all and singular the hereditaments and appurtenances thereunto belonging. To have and to hold the said ninth undivided part of the said lands with the hereditaments and appurtenances before mentioned unto the said Josias Smoot, his heirs and assigns forever, to and for the only proper use and behoof of him the said Josias Smoot, his heirs and assigns forever. And the said Henry Neff (the son) and Elizabeth his wife for themselves and their heirs the said ninth undivided part of said lands with all and singular the appurtenances before mentioned unto the said Josias Smoot, his heirs and assigns free from the claim or claims of them the said Henry Neff (the son) and Elizabeth his wife or their heirs, and of all other persons whatsoever shall and will warrant and forever defend by these presents. In witness whereof the said Henry Neff (the son) and Elizabeth his wife have hereunto set their hands and seals the day and year first above written.
Henry Neff         

her        
Elizabeth X Neff
mark      

Signed, sealed and delivered in presence of
William Fox
William Vause
Abraham Neff
Henry Eckhart Jr
Andrew Armstrong
Charles C. Haugman

The Commonwealth of Virginia to Okey Johnstone, William Fox, William Vause and John Snyder, Gent. Justices of Hampshire County Court, Greeting. Whereas Henry Neff and Elizabeth his wife have by their certain Indenture of bargain and sale bearing date the thirty first day of August 1799 sold and conveyed unto Josias Smoot one undivided ninth part of sundry tracts of land in said county and whereas the said Elizabeth cannot conveniently travel to the court of the said County of Hampshire to make acknowledgement of the said indenture, therefore we do give unto you or any two of you power to receive the acknowledgement which the said Elizabeth shall be willing to make before you of the conveyance aforesaid, contained in the said indenture which is hereunto annexed and we do therefore command you that you do personally go to the said Elizabeth and receive her acknowledgement of the same and examine her privily and apart from her said husband whether she willingly signed and sealed the said indenture and whether she consented that the same may be recorded in our said county court of Hampshire and when you have received her acknowledgement and examined her as aforesaid, that you distinctly and openly certify to us thereof, in our said court under your seals, sending therewith the said indenture and this writ. Witness Andrew Wodrow, Clerk of our said court at the courthouse aforesaid this 29th day of August 1799 in the 24th year of the Commonwealth.

Hampshire County
     We do hereby certify that pursuant to the above commission, to us directed, we did this day personally go to Mrs. Elizabeth Neff, wife of the above named Henry Neff and after having shown and explained to her the said indenture, examined her privily and apart from her husband and she, the said Elizabeth Neff declared that she willingly signed and sealed the said indenture and consented that the same may be recorded in the county court of Hampshire, certified under our seals this 31st day of August 1799.
William Fox
Wm Vause  

At a court held for Hampshire County the 16th day of September 1799.
     This Indenture of bargain and sale from Henry Neff and Elizabeth his wife to Josias Smoot was proved as to the said Henry Neff by the oaths of William Fox, Henry Eckhart Jr. and Abraham Neff, three of the witnesses thereto, and together with the commission annexed for taking the acknowledgement and privy examination of the said Elizabeth, and the certificate of the examination thereof being returned, is ordered to be recorded.
Teste And Wodrow






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Transcription © Dennis M. Smoot 2002
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