Walton - Obannan Lease Release and Bond

Submitted by Charolette “Chocy” Brown
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Henry WALTON to Bryan OBANNAN

Lease and Release and Bond

“Frederick County, Virginia Deed Book No. 3”

(LEASE)

 

Page 122

                This Indenture made the nineteenth day of September in the year of our Lord one Thousand Seven Hundred and Fifty three Between Henry WALTON of the County of Frederick and the Colony of Virginia of the one part and Bryan OBANNAN of the County of Prince William and Colony aforesaid of the other part. Witnesseth that the said Henry WALTON for and in Consideration of the Sum of Five Shillings Sterling to him in hand paid by the said Bryan OBANNAN at or before the Sealing and Delivery of these present doth Grant Bargain and Sell unto the said Bryan OBANNAN two Hundred and fifty Seven Acres of Land Lying and being in the County and Colony aforesaid and being Granted to the said Henry WALTON by the Right Honourable THOMAS LORD FAIRFAX by Deed Bearing date fifteenth day of June one Thousand Seven Hundred and fifty one (as by the said Deed may appear Beginning at a Hiccory to Tully McKENNY and Extending thence South thirty Two Degrees West Two Hundred and Forty four poles to a white oak Saplin Standing in a poison Field thence south Sixty Degrees East Two Hundred poles to a locust thence North thirty Two Degrees East Two Hundred and forty one poles to a Hiccory Saplin and white oak Saplin Standing in the Line of Tully McKENNY thence with his Line North Sixty Degrees West Eighty poles to a red oak thence North thirty Degrees East Twenty poles to a red oak Thence North Sixty Degrees west one Hundred and Twenty poles to the Beginning and all Houses orchards Buildings ways waters water Course Profits Commodities Hereditaments and appurtenances whatsoever to the said premises Hereby Granted or any part thereof Belonging or in any Wise appertaining and the Reversion and Reversions Remainder and Remainders Rents Issues and profits thereof To have and to hold the said Tract or parcel of land and all and Singular other the premises Hereby Granted with the appurtenances unto the said Bryan OBANNAN his Heirs Executors and assigns from the day before the Date Hereof For and During the full Term and Time

Page 123

Of one whole year from Thence Next Ensuing fully To be Completed and Ended Yielding and Paying therefore the Rent of one peper Corn on the feast of St.Michell the Arch Angle of the same shall be Demanded To the Intent and purpose that by vertre of these presents and of the Statute for Transfering uses into possessions the said Bryan OBANNAN may be Hereby Enabled to accept and take a grant and Release of the Reversion and Inheretance thereof to him and his HEIRS In Witness whereof the said Henry WALTON hath Here unto Set his hand and Seal the Day Month and year first above Wretten

Sig’d seal’d and Delivered

In the presents of us}

Jacob HITE                                            Henry (his HW mark) WALTON  seal

John (his I mark) BROOKS

R. WORTHINGTON                                   

Margret PITTS

Cathran HITE

John SMITH

 

                At a Court continued and held for Frederick County

                On Wednesday the 3rd day of October 1753

Henry WALTON in open Court acknowledged this his Lease for Land

To Bryan OBANNON which on  the Motion of the said Bryan is admitted to Record.

Teste

J WOOD CC

 

 

(RELEASE)

 

Page 123

                This Indenture made the Twentieth day of September In the year of our Lord one thousand Seven Hundred and fifty three Between Henry WALTON and Alice his wife of the County of Frederick and Colony of Virginia of the one part and Bryan OBANNON on of the County of Prince William and Colony aforesaid of the other part Witnesseth that the said Henry WALTON and Alice his wife for and in Consideration of the Sum of Sixty pounds Current money to Them in Hand paid by the said Bryan OBANNON at or before the Sealing and Delivery of these presents the Receipt Whereof they do Hereby acknowledge and thereof doth Release acquit and Discharge the said Bryan OBANNAN HIS Heirs and Executors Administrators he the said Henry WALTON and Alice his wife Hath Granted Bargained and Sold aliened Released and Confirmed and by these presents doth Grant Bargain Sell alien release and Confirm unto the  

Page 124

Said Bryan OBANNAN in his actual Possession now being by Virtue of a Bargain and Sail to him thereof made by the said Henry WALTON and Alice his wife for one year by Indenture Bearing the date the Day next before the day of the date of these presents and force of the Statute for Transfering Uses into Possession of him the Said Bryan OBANNAN & his Heirs and Assigns forever Two Hundred and fifty Seven Acers of Land Lying and being in the County & Colony aforesaid and being Granted to the said Henry WALTON by the Right Honourable LORD THOMAS FAIRFAX by Deed Bearing date the fifteenth day of June one Thousand Seven Hundred and fifty one (as by the said Deed may appear Beginning at a Hiccory Corner to Tully McKENNY and Extending thence south thirty two Deg’r West Two Hundred forty four poles to a white oak standing in a Poison Field Thence South Sixty Degrees East Two Hundred poles to a locust Thence North Two Degrees East Two Hundred and forty four poles to a Hiccory Saplin and white oak Saplin Standing in the line of Tulley McKENNY thence With his Lines North Sixty Degrees West Eighty poles to a red oak Thence North thirty Degrees East Twenty poles to a red oak Thence North Sixty Degrees West one hundred and twenty poles to the Beginning and all Houses Orchards ways waters water courses profits Commodities Hereditaments and appurtenances whatsoever to the said premises Hereby granted or an y part thereof Belonging or in any wise appertaining and the Reversion and Reversions Remainder and Remainder Rents Issues and Profits thereof and also all the Estate Right Interest use Trust property Claim and Demand Whatsoever of him the said Henry WALTON of in and to the said premises and all Deeds Evidences & weightings Touching or in any wise Concerning the same To have & to hold the said Tract or parcel of Land and all and Singular other the premises Hereby Granted and released and Every part and parcel thereof with Every of there appurtenances unto the said Bryan OBANNAN his Heirs and Assigns forever To the only use and Behoof of him the said Bryan OBANNON and of his Heirs and assigns forever and the said Henry WALTON and Alice his wife for themselves his Heirs Execut’rs administrators doth Covenant promise and Grant to and with the said Bryan OBANNAN his heirs and assigns by these presents that they said Henry WALTON and Alice his wife now at the time of Sealing and Delivering of these presents is Seized of a good sure perfect and Indefeasible Estate of Inheritance in fee Simple at in and to the said premises Hereby Granted and released and that he hath Good power and Lawful and Absolute authority to grant & Convay the same to the said Bryan OBANNAN in Manner and form aforesaid

Page 125

And that the said premises now are and so forever Hereafter shall Remain and be free and Clear of and from all other and former gifts Grants Bargains Sails Dower Right and Title of Dower Judgment Executions Titles Troubles Charges and Incumbrences whatsoever made Done Committed or  Suffered by the said Henry WALTON and Alice his wife or any other person or persons Whatsoever & the Quite rents to become Due and Payable to the Right Honourable THOMAS LORD FAIRFAX his Heirs and Successors for and in Respect of the said premises only Excepted and foreprised and Lastly the said Henry WALTON and Alice his wife and his Heirs all and Singular the premises Hereby Granted and Released with their appurtenances unto the said Bryan OBANNAN his Heirs and Assigns against them the said Henry WALTON and Alice his wife and his Heirs and all and Every other person and persons Whatsoever shall and will warrant and for Ever Defend by these presents In Witness where of the said Henry WALTON and Alice his wife Hath Hereunto Set their Hands and Seals the day month and year first above Written.    

 

Memorandum the above Interment ion of the words (Alice his wife) was made before Sealing and Delivery   

 

Sig:d Sea:d and Delivered

In the presents of ----------}                        Henry (his HW mark) WALTON      seal

Jacob HITE                                                 Alice (her A mark) WALTON          seal

John (his I mark) BROOKS

R. WORTHINGTON

Margrat PITTS

Cathan HITE

John SMITH 

 

3rd October 1753

Received of Bryan OBANNION the Sum of Sixty Pounds Current Money in full of the Consideration within Mentioned

Test

J WOOD                                 Henry (his HW mark) WALTON

R RUTHERFORD

 

                                At a Court continued and held for Frederick County

                                On Wednesday the 3rd day of October 1753

 

Ex’d

Henry WALTON and Alice his wife (the said Alice being privately Examined) in Open Court acknowledged this their Release for Land to Bryan OBANNON and the said Henry also acknowledged the Reemit Endowed on this Release which on the motion of the said Bryan is admitted to Record.

Teste

J WOOD CC

 

(BOND)

 

Page 126

                Know all men by these presents that I Henry WALTON of the County of Frederick and Colony of Virginia am held and firmly Bound and Doth Stand Justly Indebted unto Bryan OBANNAN of the County of Prince William and Colony aforesaid in the full and Just Sum of Two Hundred pounds Current Money of Virginia To the which payment well and Truly to be made and Done to the said Bryan OBANNAN his Certain attorney his Heirs Executors Adm’r or assigns I Binds myself my heirs Executors Administrator Jointly and Seventy for the whole and in the whole firmly by these presents Sealed with my Seal and Dated this Twentieth day of September one Thousand Seven Hundred and fifty three-

 

The Condition of the above Obligation is Such That it the above Bounded Henry WALTON for himself his heirs Executors Administrators shall and do Convay by Good and Sufficient deeds of lease and Release unto the above Named Bryan OBANNAN his Heirs and Assignees forever one Small Tract of Land Lying and Being in the said County a joining to one Tutty McKENNYS Land Containing Two Hundred and fifty Seven acres of which Land the above Bounden Henry WALTON hath Obtained the Right Honourable THOMAS LORD FAIRFAX deed for Bearing date the fifteenth day of June one Thousand Seven Hundred and fifty one and that the above Bounden Henry WALTON for himself his Heirs & do Covenant promise and grant to and with the said Bryan OBANNAN his heirs and assigns forever the said Land and Premises with their Appurtenances now is and so for ever hereafter Shall remain and be free and Clear from all other or former gifts grants Bargains Sails Judgments Executions Extents or any other Incumbrences whatsoever which has heretofore been made Suffered Committed or done by him the said Henry WALTON or any other person or Persons whatsoever and also that he the said Henry WALTON his heirs be at any Time or Times hereafter at the request of him the said Bryan OBANNAN his heir or Assigns shall & do Execute and perform to the said Bryan OBANNAN his heirs or Assigns all an singular other Such deed or deeds Convey or Conveyances unto the said Bryan OBANNAN his Heirs and Assigns as the said Bryan OBANNON of him Self or Attorney or Attorneys for him or them Shall be most Cunningly Lernt in the law for the Better securing the Rights and privileges of the said Land and premises their and every of their appurtenances unto the said Bryan OBANNAN his heirs and Assigns forever and

Page 127

And Lastly that the Said Henry WALTON Shall and do Cause his wife to Acknowledge her Right of Dower to the said Land by the third day of October Next Ensuing the Date thereof That then the above obligations to be Voide or Else to Stand and Remain in full force power and verified in the Law.

Signed Seal’d and Delivered

In the Presence of}

Jacob HITE

John (his I mark) BROOKS

R. WORTHINGTON

Margrat PITT

Cathan HITE

John SMITH                            Henry (his HW mark) WALTON    seal

                                At a Court continued and held for Frederick County

                                On Wednesday the 3rd day of October 1753

 

Henry WALTON in Open Court Acknowledged this his Bond to Bryan OBANNAN which on the motion of the said BRYAN was admitted to Record.

Teste

J. WOOD CC

 

 

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