An indenture made this 23rd day of January A.D. 1850 between William Southall of the first part. F.W. Smith of the second part and Benjamin Wright and George W. Smith merchants and partners in trade, doing business under the firm and style of Wright & Smith and William A. Harper of the third part, all of the County of Jackson and State of Virginia whereas the said WILLIAM SOUTHALL is justly indebted to the said Wright & Smith in the sum of $28.22 as is evidenced by a single bill dated January 9 A.D. 1850 and due and payable on demand, and being also indebted to the said William A. Harper in the sum of $71.28 as is evidenced by a single bill dated January 23rd 1850 and due one day after date, which two debts due to the third parties to these presents respectively as above defined, the said WILLIAM SOUTHALL is willing and desired to secure.
Now therefore this indenture, whereforth that the said WILLIAM SOUTHALL, for and in consideration of the promises, and also for the further consideration of the sum of one dollar to him in hand by the said F.W. Smith party of the second part, before the sealing and delivery of these present [sic], the receipt whereof is hereby acknowledges [sic], have granted, bargained and sold, and by these present [sic] does give grant, bargain, sell and convey unto the said F.W. Smith and to his heirs and assigns forever, all his rights, title, interest claim and demand in and to a certain tract or parcel of land supposed to certain [sic] 128 acres situate lying and being on the Grasslick fork of Mill Creek or a branch thereof near to and adjoining the farm on which Martin Crites now lives, and being the same land and premises on which the said WILLIAM SOUTHALL now lives; his said interest being a lease on said land for the term of three years commencing on the first day of Oct. 1849, which lease is from Martin Crites and is in writing and in the hands of A. Waugh Clerk of Jackson County Court for safe keeping. Also the following personal property, to wit: one bureau, one clock, two sows and ten pigs, two bedsteads, two hilling hoes, two plows, one a woods patent and the other a shovel plow, and all the wagon maker tools belonging to the said SOUTHALL, one yearling calf, claimed by his son JAMES SOUTHALL, nine chairs. To have and to hold the said property real and personal together with the future increase of the female porker thereof, to the said F.W. Smith and to his heirs executor administrators [sic] and assigns forever, against him the said WILLIAM SOUTHALL, and his heirs and all persons claiming by throught, or under him. Upon trust never the less, that the said F.W. Smith, his heirs shall permit the said WILLIAM SOUTHALL, his heirs to remain in quiet & peaceable possession of the said property, both real and person, and to take the profits thereof to his own use until default be made in the payment of the said two sums of money or any portion or either of them, or of the interest which may thereon have lawfully accured [sic] on the 23rd day of January 1857. That being the time hereby stipulates between the parties in the payment thereof. And then upon this further trust and confidence, that the said F.W. Smith, or his legal representatives shall and will, so soon after the happening such default of payment as he shall be requested by either of the parties of the third part whose debt or any portion thereof may show be in arrear and unpaid, whether of principal or interest, sell the said property both real and person, to the highest bidder at public auction, after having fixed the time and place of the sale at his own discretion, and given at least twenty days notice whereof by advertisement posted on the front door of the Courthouse of Jackson County on same court day previous to the day of sale, and out of the proceeds of such sale, shall after satisfying all legal costs & charges attending the __________ pay to the said Wright & Smith the said sum of #28.22 [sic] with the legal interest therein due and the balance if any pay to said WM. SOUTHALL or should the sale of said property not amount to a sum sufficient to pay the full amount of said two sums, then he shall pay proportionately on each. But should the said WM. SOUTHALL pay off and discharge both said debts on or before the 23rd day of January 1857, the time stipulated for the payment thereof, so that no default be made, then this _____ where [sic] to be void, otherwise to remain in full force and virtue.
In testimony whereof the parties to these presents have hereto set their hands and seals this the day and date first above written.
WILLIAM SOUTHALL (seal)
Fleet W. Smith (seal)
Virginia: Jackson County Court Clerks office: January 23rd day A.D. 1850.
This day the foregoing deed was received in said office, and acknowledged by WM. SOUTHALL and F.W. Smith parties thereto to be their act and deed before the Clerk of said Court, and there upon duly admitted to said therein.
teste
A. Waugh CLK
NOTES from 14 May 1990 letter by June Southall to Susan Sasek-- " . . . Sending you a copy of the only land record I can find for Wm. Southall in Jackson Co. I tried to get a copy of the lease that was in the courthouse for "safekeeping" and they didn't have it. I don't know what happened to this land. There is no record of Wm. selling it. . . . He didn't have a will or estate settlement on record. Wm. and Paulina HIX were married Dec. 28, 1830 in Cumberland Co., VA. Marriage recorded said she was the dau. of Josiah HIX. Josiah HIX and Levena Moore were married 3 Dec. 1805 (IGI) in Chesterfield Co., Va. . . ."
Typed transcription submitted 14 May 1990 by June Southall. Online transcription 4 Apr 2002 by Susan Shields Sasek from June Southall's typed transcription (I haven't proofed yet, but as with all genealogical records -- information should be verified with the original documents/source whenever possible) .
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