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 dec
d 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 29
th day of August
1799 in the 24
th 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 31
st day of August 1799.
William Fox
Wm Vause
At a court held for Hampshire County the 16
th 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