This indenture made this 20
th day
of February 1850 between Samuel Smoot and Elizabeth his wife of
the County of Coles in the State of Illinois of the one part and Zachariah Arnold of the County
of Hampshire in the State of Virginia of the other part. Witnesseth that the said Samuel Smoot
and Elizabeth his wife for in consideration of the sum of one thousand and nine dollars current
money of the United States unto them in hand paid by the said Zachariah Arnold at or before the
sealing and delivery hereof the receipt whereof is hereby acknowledged, have granted, bargained,
sold, aliened, enfeoffed, released and confirmed and by these presents do grant, bargain, sell,
alien, enfeoff, release and confirm unto the said Zachariah Arnold his heirs and assigns, one
undivided moiety of half part of a certain tract or parcel of land situate, lying and being in
the County of Hampshire commonly known as the Neff Place comprised of several surveys, to wit;
one tract of 65 acres granted to William Buffington the 5
th day
of July 1765, part of a tract of
100 acres granted to William Buffington on the 2
nd day of
October 1757, part of a tract of 56
acres granted to Abraham Neff on the 4
th day
of May 1796, and part of a tract of 9¼ acres
granted to Patrick Fleming the 5th day of October 1806, the whole bounded as follows, viz:
Beginning at a stake corner to Josiah Smoots homeplace thence N 29° E 21 poles, thence S
76° W 19 ½ poles to a black oak and two white oaks corner to James Fleming and Archibald
Vandiver, thence with Vandivers line S 25° W 118 poles to a white oak corner to said
Vandiver and Sarah Arnolds heirs land, thence with their line S 23° 15' W 97 ½ poles to a
fallen white oak on a hillside corner to said heirs and in John Carnells line, thence with
said line S 58° 07' E 92 poles to two white oaks in corner to John Leathermans land, thence
with Leathermans line N 29° 28' E passing his and Arnolds corner and with Arnolds line 260
poles in all to a stake corner to said homeplace, thence with a line of it N 77° 45' W 103 poles
to the beginning containing 143 acres more or less, it being the same conveyed in part by
John Sloan, Executor of the last will and testament of Josiah Smoot decd to Thomas Smoot
and said Samuel Smoot by deed of bargain and sale bearing date the 21
st
day of October 1847
and duly recorded in the County Court of Hampshire in Deed Book No. 40 page 449 to which
reference is hereby had for greater certainty, together with all and singular the rights,
improvements, hereditaments and appurtenances whatsoever thereunto belonging or in anywise
appertaining and the reversions, remainders, rents, issues and profits thereof. To have
and to hold all and singular the premises with the appurtenances hereby granted to the
said Zachariah Arnold his heirs and assigns to the only proper use and behoof of the said
Zachariah Arnold his heirs and assigns forever. And the said Samuel Smoot and Elizabeth
his wife for themselves and their heirs hereby covenant that they are seized of good and
indefeasible estate of fee simple in the premises and that they have good right to convey
the same to the said Zachariah Arnold his heirs and assigns in manner and form aforesaid.
And lastly that the said Samuel Smoot and Elizabeth his wife and their heirs all and
singular the premises hereby granted with their appurtenances unto the said Zachariah
Arnold his heirs and assigns, against the said Samuel Smoot and Elizabeth his wife and
their heirs and assigns and against all and every other person whatsoever shall covenant
and forever defend by the presents. In witness whereof the said Samuel Smoot and Elizabeth
his wife have hereunto set their hands and seals the day and year first herein above written.
Sealed and delivered
In presence of
Samuel Smoot
Elizabeth Smoot
State of Virginia, Hampshire County, to wit:
We John Sloan and Daniel Mytinger,
Justices of the Peace in the county aforesaid
in the State of Virginia do hereby certify that Samuel Smoot, a party to a certain deed
bearing date the 20
th day of
February 1850 and hereunto annexed personally appeared
before us in our country aforesaid, and acknowledged the same to be his act and deed
and desired us to certify the said acknowledgement to the clerk of the County Court of
Hampshire County in the State of Virginia in order that the said deed may be recorded.
Given under our hands and seals this 11
th day of June 1850.
John Sloan JP
Daniel Mytinger JP
State of Virginia, Hampshire County, to wit:
We John Sloan and Daniel Mytinger, Justices of the Peace in the county aforesaid
in the State of Virginia do hereby certify that Elizabeth Smoot the wife of Samuel Smoot,
parties to a certain deed bearing date the 20
th of
February 1850 and hereunto annexed
personally appeared before us in our county aforesaid, and being examined by us privately
and apart from her husband, and having the deed aforesaid fully explained to her, she the
said Elizabeth Smoot acknowledged the same to be her act and deed and declared that she had
willingly signed, sealed and delivered the same and that she wished not to retract it.
Given under our hands and seals this 11
th day of June 1850.
John Sloan JP
Daniel Mytinger
Hampshire County, to wit:
Be it remembered that on the 11
th
day of June 1850 this indenture was
presented in the clerks office, and with its certificates thereunto annexed
admitted to record.