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Indenture of Bertrand and Jesse Ewell to John Stifill, Prince William Co, VA, 1774

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Indenture of Bertrand and Jesse Ewell to John Stifill, Prince William Co, VA, 1774

Posted: 12 Aug 2012 1:33PM GMT
Classification: Deed
Surnames: Stifill, Ewell, Stifle, Muckaboy, Macaboy, Callahand, Lumsford, Carrol
This indenture made this sixteenth day of November in the year of our Lord one thousand seven hundred and seventy-four between Bertrand Ewell and Jesse Ewell of the County of Prince William of the one part and JOHN STIFILL of the said county of the other part. Witnesseth that the said Bertrand Ewell and Jesse Ewell for and in consideration of the yearly rents, covenants and agreements herein after mentioned on the part and behalf of the said JOHN STIFILL his heirs and assigns to be made, performed and done. They the said Bertrand Ewell and Jesse Ewell hath granted, based, transferred, conveyed and confirmed by those presents doth grant, base, transfer, convey and confirm unto the said JOHN STIFILL, his heirs, executors, administrators and assigns during the life of the said JOHN STIFILL, MARY STIFILL and WILLIAM STIFILL and JOHN STIFILL his sons and during the longest lives of either of them. All that tract, plantation, piece and parcel of land where George Thyer first settled being in the said County of Prince William and in the North side of the Beaver Dam Branch in the fork between that and the Mirey Branch where the said JOHN STIFILL now lives containing one hundred acres of land beginning at the mouth of a valley opposite the tan yard made by Richard Marlour, deceased, on the North side of the Beaver Dam Run and is the same beginning as MURTHY MUCKOBOY begins for his lease extending thence down the meanders of the Beaver Run to the mouth of the Mirey Branch thence up the said Mirey Branch its several meanders and with MURTHY MUCKABOY’S North most or out corner shall give one hundred acres to the Mirey Branch together with all houses, outhouses, defines, buildings, orchards, yards, gardens, ways waters, water courses, profits, commodities and appertainances whatsoever to the said tract paid or parcel of land belonging or in any way appertaining and the revision remainders and remainders rents and profits there. To have and to hold these pieces and parcels of land with all and singular the promises and appertanances thereunto belonging unto the said JOHN STIFILL his heirs and assigns during the lives of the said JOHN STIFILL, MARY STIFILL ,WM STIFILL, and JOHN STIFILL and during the life of the longest liver of them. He the said JOHN STIFILL his heirs, estate administrators, assigns, yielding and paying yearly and every year during the said term or lives unto the said Bertrand Ewell and Jesse Ewell their heirs or assigns these from of four pounds seven shillings and six pence current money of Virginia on or upon the first day of January as shall happen in every year together with the quit rent and taxes as shall or may be due by law for the same and if the said yearly rent of four pounds and seven shillings and six pence and the quit rent and taxes or any part thereof. Shall be behind and unpaid the space of sixty days and after the same ought of right to be paid and not insufficient in account on the premises to levy and pay the same by first of that then and in that case it shall and may be lawful to and for the said Bertrand Ewell and Jesse Ewell their heirs or assigns unto the said demised premises to reenter and the same to hold again in their proper estate as though this case had never ( ) any thing herein confirmed to the contrary in any wise not withstanding and that the said JOHN STIFILL, his heirs ex. Administrator, assigns shall not suffer or commit waste on the premises during the said term nor falling of the timber or other woods without have obtained from the said Bertrand Ewell and Jesse Ewell their heirs or assigns in writing first hand and obtained under the terms for failure of this lease and it is hereby agreed that it shall be lawful for the said Bertrand Ewell, Jesse Ewell their heirs and assign to cutt and carry away all dead and fallen down from any of the said premises as shall not be wanting for the plantation use during the continuance of this lease any thing herein contained to the contrary not withstanding and further the said Bertrand Ewell and Jesse Ewell their heirs assigns upon the said JOHN STIFILL his heirs assigns paying the rents and stipulations as before said shall and will warrant forever defend the said tract of one hundred acres of land and promises for the term mentioned according to the true intent and meaning of the profants and that free clear and freely and clearly acquitted exonerated and discharged or otherwise by the said Bertrand Ewell and Jesse Ewell their heirs and assigns saved kept harmless and indemnified from all former and other gifts, grants, bargains, sales, leases and agreements whatsoever had made and or suffered to be had made ordained by the said Bartrand and Jesse Ewell their heirs or assigns or by any other person or persons claiming by, from or under him, them or any of the witnesses whereof the said Bertrand Ewell, Jesse Ewell and the said JOHN STIFILL to this the said indenture or lease hath interchangeably set their hands and seals the day and month and year first above written.

Signed, Sealed and delivered in the presence of:
Chat Callahand Bertrand Ewell
Moses Lumsford Jesse Ewell
John Carrol John Stifill
Thomas W. Ewell

Date: Dec 1774

At a court held for Prince William County the said day of April 1775.
This deed from Bertrand Ewell and Jesse Ewell to JOHN STIFILL are acknowledged by the said parties and administrated for said.
Test: John Graham, Clerk Court

SOURCE: Prince William County, Virginia, Deed Book T, Nov. 16, 1774, Reel 5, Pages 128 to 131, Film No. JR2131, Library of Virginia, Bertrand and Jesse Ewell to John Stifill Lease.

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