Hundley Researchers

Transcription of an Albemarle Indenture dated 1827

Between Nehemiah Hundly and his wife Mildred/Milly and their son-in-law William Beckett and a neighbor John Irvin

Summary by Kathy O. Smith-Hundley. Nehemiah and Mildred agree to sell all 68 acres of land on which they live in South Garden, Albemarle County, to their neighbor John Irvin for one dollar, while placing a lien against the land for a judgment they owe of $34.61, for which son-in-law William Beckett signed as security. If or when Becket must pay the judgment, then he can direct Irvin to put the land up for public auction in order to pay off the judgment and costs, and the rest of the money goes to Nehemiah & Milly.   Note: an Indenture, as used here, is a formal document creating limitations on a free and clear title to goods or land.

Copies of the Indenture submitted by Larry Hunley from Land Records at the Albemarle Court House, Book 26, pages 430-431.

Transcription by Bruce Connor Johnson Jr. and Kathy O. Smith-Hundley.

[in margin] Hunley ~~ Deed Trust ~~ Beckett

This Indenture this the 26th Day of May 1827 Between Nehemiah & Mildred Hundly of the first part and John Irvin (of the) second part & William Beckett of the third part. Witnesseth that the said William Beckett hath become security to a delivery (Bond) filed by the aforesaid Nehemiah Hundley & Mildred Hundly for the (deed of) property to satisfy a judgment or an execution the principal cost of which amounts to thirty four dollars and sixty one cents (sd.) bond bearing date the 26th day of May 1827 (now) to the end intent (for) the purpose of securing the aforesaid William Beckett against damage which he may sustain by thus becoming Jointly bound (to) the aforesaid Nehemiah Hundly & Mildred Hundly on the (aforesaid) delivery Bond and for the further consideration of one dollar (cash) in hand paid by the sd. John Irvin at or before the sealing and Delivery (to) these presents the receipt where of is here by acknowledged by (the sd.) N. Hundly & M. Hundly the said Nehemiah Hundly & Mildred Hundly doth by these presents give grant bargain & sell to the sd. John Irvin all that tract or parcel of Land on which sd. Nehemiah Hundly now lives containing sixty eight acres be the same more or less situated and lying in the South Garden, of Albemarle & Bounded by the Lands of Leonard Drumheller George Drumheller & John Irvin To have and to hold (the) said tract or parcel of Land together with all its rights privileges & appurtenances there unto belonging or in any wise appurtaining and the sd. Nehemiah Hundly and Mildred Hundly for themselves and their Heirs & do hereby warrant and forever defend unto him the sd. John Irvin his Heirs and assigns the sd. tract of Land with all (and) singular by its premises & appurtenances before mentioned forever (free) from the claimes of them the said Nehemiah Hundly & Mildred Hundly their Heirs and assigns and of all and every person persons whatsoever shall will and do by these presents warrant and Forever defend (this) Trust and it is hereby to be expressed understood that if there (should) be a judgment had upon the aforementioned Delivery Bond (and) the aforesaid William Beckett should be compeled (sic) to pay off the amount of the judgment or any part there of that then he the said Wm. Beckett is forth with to have the right & to be at liberty to require (and) direct the said John Irvin to sell the aforesaid tract of Land at the house of Abraham Hestins at public auction to the highest Bidder (for) cash ( having first given ten days notice of the time and place of sale by a written advertisement set up at the house of Abraham Hestins and after having paid for the recording this Deed and all the costs (attending) its executions to pay to the said William Beckett all the money (that) he may have paid towards the discharge of the judgment that may (be) obtained upon the aforementioned delivery Bond and the balance if (any) to pay over to the said Nehemiah Hundly & Mildred Hundly In witness where of the said persons have herewith set their hands and affixed (their) seals this the day and year first above written.

signed sealed and delivered                         N. Hundly (Seal)
in the presents of                                                     Milly Hundly (her X mark) (Seal)
(John) Besie                                                           John Irvin (Seal)
(Samuel) Hestens                                                    Wm. Beckett (Seal)
(..?..) Bowin

Transcription of an Albemarle Indenture dated 1830

whereby Thomas and Elizabeth B. Hunley sell 150 acres on Green Creek to nephew David Drumheller

Summary by Kathy O. Smith-Hundley: On August 25, 1830, Thomas [L.] and Elizabeth B. [HENSLEY] Hunley sell 150 acres on the head of Green Creek in Albemarle County to David Drumheller of Albemarle [son of his sister Ann Drumheller] for $145 received, land which he had bought from Benjamin Johnson. On Sept 6, 1830 Mrs. Hunley was examined privately and the same was acknowledged. Original was delivered to David Drumheller the 22^nd of July, 1836. Boundary lines: Martha Appleberry, Wilkerson, John S. Thurmond, James Thurmond, Ellerton.

Note: there was no David Drumheller head of household in 1840 AlbemarleCo., but there was such a David in 1850 Nelson Co. per Hundley Researacher's Nehemiah register – David W. Drumheller, b. 1802, was the second son of Ann Hundley who married Leonard Drumheller.

Transcription by Kathy O. Smith-Hundley, of a copy of the Indenture submitted by Larry Hunley from Land Records at the Albemarle Court House, Book 28, page 485.

[notations in left margin:] ~~~485~~~

Hunley ~~ Deed ~~ Drumheller

examined

Origl deld to Davd Drumheller 22n July ‘36

This indenture made this 25 day of August in the year of our lord one thousand eight hundred and thirty. Thomas Hunley and Elizabeth his wife of the one part and David Drumheller of the other part, both being of the county Albermarle, Witnesseth that for and in consideration of one hundred Forty five dollars Lawful monies of Virginia currency to him in hand paid by the said David Drumheller the receipt whereof is hereby acknowledged by the said Thomas Hunley and Elizabeth his wife, have given, granted, Conjoined and sold to the said David Drumheller a tract of land containing one hundred and fifty acres lying and being in the county of Albermarle on the head of Green creek and bounded as follows by the lines of lands belonging to Martha Appleberry beginning at a Maple bounded and running with the branch to the Cana. [Canadian?] poplar by the spring and with the branch to the Spanish oak corner and thence with Wilkersons lines W to a rock and thence with John S Thurmonds line to James Thurmonds line to a corner hickory and running with Thurmonds line to a corner cherned [chestnut?], thence with said line to Ellertons corner locus [locust?] and thence with Ellertons line to Martha Appleberrys corner in the branch and with her line to the beginning. containing as aforesaid one hundred and fifty acres be the same more or less being the same track [sic] purchased by the said Thomas Hunley of Benjamin Johnson. To have and to hold the above mentioned land to the said David Drumheller to him and his heirs forever without restriction or limitation of any kind whatsoever. And the said Thomas Hunley and Elizabeth his wife for themselves their heirs or executors forever do warrant and defend the wright and title to the said Land to the said David Drumheller his heirs and assigns forever against the claims of all and every person whatsoever. In witness whereof the said Thomas Hunley and Elizabeth his wife have hereunto affixed their hands & seals the day and year above written.

his

Thomas X Hunly (seal)

mark

Elizabeth B. Hunly (seal)

In Albermarle County and Office the 25 August 1830

This Deed was presented to me in said office and being acknowledged by Thomas Hunley and admitted to Record.

Teste

Ira Garrott DC [Deputy Clerk?]

==

And afterwards to wit at a court held for said county the 6^th September 1830,

The same was acknowledged in Open Court by Elizabeth B. Hunley wife of Thomas Hunly [sic], she having been first examined prively and apart from her husband as the law directs which is ordered to be entered of record.

Teste

Alex Garrett CC [Clerk of Courts?]

{seal}

Here are some additional Indentures which will eventually be abstracted or transcribed this summer, from Xerox copies provided by Larry Hunley.

Book 22 - indenture 1821 -- signed by Neh & Mildred regarding Henry McElain

Book 23 -something signed in 1821 by Neh, Wm Morris and Jas Suddarth

Book 23 - Indenture 1823 -- signed by Benjamin & Ann Johnson, regarding Thomas Hundley

Book 26 - indenture 1827 -- Nehemiah & Mildred/Milly, and William Beckett, and John Irvin - This is transcribed above

Book 28 - indenture 1830 -- Thomas & Elizabeth Hunly

Book 31 - indenture 1834 -- Thomas & Catherine Bernard and Thomas Hunley

Book 32 -- indenture 1834 -- between Thomas Hundly, Jno Pelson, and Thomas Bernard

Book 32 - indenture 1835- Thomas Hundley, John A. Cocke, John Pelson

Book 34 - indenture 1837 -- Thomas Hundley, John B. Spiece, Samuel O. Moon

Book 35 - indenture 1837 -- Thomas & Elizabeth Hundley and James H. Bailey

Book 35 - something in 1837 -- re Thomas Hundley, Jno S. Cocke and Jno Pelson -- regarding Spiece and Moon

Map of Albemarle County, Virginia

Current Map of Albemarle, Virginia

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