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Indenture Deed between Joseph and Mary Braden and John Braden,
dated 14 February 1811 Loudoun Co., VA Deed Book 2N
********
This Indenture made this 14th day of February eighteen Hundred
and eleven between Joseph Braden and Mary his Wife of the county
of Loudoun and Commonwealth of Virginia of the one part and John
Braden of the County and Commonwealth aforesaid of the other part.
Witnesseth that the said Joseph Braden and Mary his wife for and
in consideration of the sum of Five Hundred and fifty Dollars
Lawful money of the United States to them in hand paid By the
said John Braden the Receipt whereof they do hereby acknowledge
hath Granted Bargained and sold and by these
[page 196] these [sic] presents doth Grant Bargain and Sell
unto the said John Braden his heirs and forever a certain Lot
or parcel of Land Situate Lying and being in the said County of
Loudoun Being part of a Larger Tract of land held By Joseph Braden
dec'd Containing Twenty Acres which said Twenty acres of Land
hereby conveyed and Devised by the said Joseph Braden dec'd by
his last will and Testament to the said Joseph Braden party to
these presents. Reference being had to said will - will more fully
appear. Together with all and Singular the appurtenances thereunto
Belonging excepting the privileges of the water passing to and
from the mill now in the possession of Robert Braden which property
of the said Joseph Braden hath Granted to the said Robert Braden
with Liberty of keeping the Mill Races in Repair where they now
run, To widen or Repair the same without the interruption hindrance
or Molestation of him the said John Braden his heirs or assigns
To have and to hold the said Twenty acres of Land with its appurtenances
(except as Before Excepted) unto the said John Braden his heirs
and assigns forever and the said Joseph Braden and Mary his wife
for themselves their heirs Ex'rs and adm'n doth Covenant and agree
to warrant and Defend the said Land and premises hereby granted
and conveyed unto the said John Braden his heirs and assigns forever
free from the Claim of them the said Joseph Braden and Mary his
wife or any other person or persons whatsoever (except as before
excepted) In witness whereof the said Joseph Braden and Mary his
wife hath hereunto set their hands and seals the Day and year
first above Written.
Signed sealed and ackn'd}
In presence of }
John Dodd
Thomas Phillips
Henson [?] Vermition [?]
Thomas Stevens
[page 197] Loudoun County, to wit
The Commonwealth of Virginia
To Stacy Taylor and Joshua Osburn Gentlemen greeting: Whereas
Joseph Braden and Mary his wife, by their certain Indenture of
the 14th Feby 1811 have sold and conveyed unto John Braden the
fee simple estate of and into twenty acres of Land in the said
county of Loudoun, and whereas the said Mary cannot conveniently
travel to the court of our said county, to make for acknowledgment
of the conveyance aforesaid. We therefore command you that you
do personally go to the said Mary and examine her privily and
apart from the said Joseph Braden her husband whether she doth
the same freely and voluntarily, without his persuasions or threats,
and whether she is willing the same shall be recorded in our said
county court, and when you have received her acknowledgment and
examination as above said, that you distinctly and openly certify
us thereof in our said court, under your hands and seals, sending
then there the said indenture and this writ. Witness Charles Binns,
clerk of our said Court at the courthouse aforesaid this 16th
day of Feby. And in the 35 year of the Commonwealth.
Loudoun County, Ss.
We the subscribers, two of the Justices of the peace, in and for
the County aforesaid do hereby certify that we did this 16th day
of February personally go to the said Mary and did examine her
privily and apart from her said husband touching the conveyance
aforesaid, who declared that she did execute the said Deed freely
and voluntarily without the persuasions or threats of her said
husband and she is willing the same should be recorded among the
records of our said county court. In testimony whereof, we have
hereunto set our hands and seals the date above.
[page 198] At a Court held for Loudoun County June the 10th
1811.
This deed of Bargain and Sale from Joseph Braden and Mary his
wife to John Braden was ackn'd by the said Joseph Braden to be
his act and deed and together with the commission for the privy
examination of the femme and the Certificate of the execution
thereof being returned are ordered to be recorded.
Know all men by these presents that I, John Braden of Loudoun
County and State of Virginia am held and firmly Bound unto Robert
Braden of the same place in the Just sum of five Thousand dollars
for which payment well and Truly to be made and done I bind myself,
my heirs, Exr, and Adm'n firmly by these presents sealed with
my seal and dated this 14th day of February eighteen hundred and
eleven 1811
The conditions of the above obligation is such that Whereas
Joseph Braden Dec'd did by his last will and Testament give and
devise to his son Joseph Braden one undivided Moiety of a Mill
and two and a quarter acres of Land together with twenty acres
of Land a part of the plantation whereon he resided and the remainder
of said land he devised to his son, John Braden party to these
presents and the said Joseph Braden having sold and conveyed to
the said Robert Braden all his Interest in said Mill and two and
a quarter acres of Land - And Whereas the said John Braden being
fully satisfied that it was the intention of the afs'd Joseph
Braden Dec'd to Devise and convey the right privilege and advantage
of the Water as well as the said Mill to his son Joseph Braden
but as no Mention was particular [sic] made thereof in said will,
the said John Braden hath thought proper in order to prevent any
Misunderstanding respecting the premises from taking place hereafter
to Grant and convey to the said Robert Braden for Value rec'd
and he doth hereby Grant and Convey to the said Robert Braden
his heirs and assigns all the right
[page 199] Right [sic], title, Interest Claim or Demand whatsoever
he has to the said Water and doth hereby Bind himself his heirs
Ex'rs, admn., and assigns not to Interrupt remove or Molest the
water out of its present course along the Mill Dam and race to
said Mill as it now passes - and that the said Robert Braden,
his heirs and assigns may at any time and at all times have liberty
to Widen or repair the race or Dam, him the said Braden Not Injuring
the land of the said John Braden more than is bearly [sic] sufficient
to repair the same and that to be taken from the most convenient
part adjoining thereto but no Stone nor timber to be taken for
that purpose. In Witness whereof the said John Braden hath hereunto
set his hand and seal the day and year first above written.
Sealed Signed and Det'd}
In presence of}
John Dodd {the words Stones Timber was}
Thomas Phillips {intervened [?] before signed}
Henson [?] Vermilion
At a Court held for Loudoun County June the 10th 1811. This
Bond of Conveyance from John Braden to Robert Braden was ackn'd
and ordered to be recorded.