Benjamin Higginbotham to Richard Davis - May 2, 1761

 

This Indenture mad(e) the second day of May in the year of our Lord MDCCLXI (1761) between Benjamin Higginbotham of the County and Parish of Amherst of the one part and Richard Davis of the County and Parish aforesaid of the other part. Witnesseth that the said Benjamin Higginbotham for and in the consideration of the sum of sixty pounds current money of Virginia to him in hand paid by the said Richard Davis the recet (receipt) whereof he doth hereby acknowledge hath granted bargained sold aliened released and confirmed and by there presence doth grant bargain sell alien release and confirm unto the said Richard Davis and his heirs and assigns forever one certain tract or parcel of land containing two hundred and four acres lying on the branches of Buffalow River in the County and Parish aforesaid. Bounded as follows viz. Beginning at a large White Oak running north eighty six degrees west two hundred fifty poles to pointers of saplin(g)s, then south twenty six degrees west one hundred and nine poles to a White Oak saplin(g) , then south seventy degrees east two hundred and eight poles to a Red Oak tree, then north thirty three degrees east one hundred and eighty eight poles to the first station and is a tract of 204 acres of land granted to the said Benjamin Higginbotham by Moses Higginbotham by Deed bearing date the XIIII (14) day of May MDCCLI  (1751) which was duly acknowledged in Albemarle Court and recorded according to law. To have and to hold the said 204 acres of land be the same more or less with all houses, gardens, orchards fences and other appurtenances to the same belonging or in any wise appertaining to the said Richard Davis and his heirs and assigns forever and the said Benjamin Higginbotham doth covenant and agree with the said Richard Davis that he the said Higginbotham the above sold land and premises shall and will warrant by forever defend by these presence. In witness whereof the said Benjamin Higginbotham doth hereunto set his hand and seal the day and year above written.

Benjamin Higginbotham {Seal}

Signed sealed and delivered in presence of

Moses Higginbotham

John Higginbotham

James Higginbotham

Memorandum that on the second day of May MDCCLXI livery and sizen of the within sold land and premises was made and done by the within named Benjamin Higginbotham to the within named Richard Davis according to law

Benjamin Higginbotham

In presence of

Moses Higginbotham

John Higginbotham

James Higginbotham

May the second day 1761 received the within mentioned consideration money.

Benjamin Higginbotham

At a Court held for Amherst County at Henry Keys the 7th day of Sept. 1762 Benjamin Higginbotham acknowledged this Deed indented with the memorandum livery and seisin and receipt thereon endorsed to Richard Davis to be his Act. & Deed, and ordered to be recorded. And at a Court held for the County aforesaid at the Court House the sixth day of September 1762 Elizabeth, wife of this Benjamin Higginbotham came into Court and being first privately examined voluntarily relinquished her right of dower in the estate conveyed by this indenture which is also ordered to be recorded.

Test. Geo. Seaton, clk.

 

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