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CLEMENT  Genealogy -
William CLEMENT (d. 1760) of Amelia County, Virginia - A Study of His Descendants


 
Deed John W. MOTLEY to John L. HURT, 4 Nov 1869
Pittsylvania County, VA, Deed Book 63, pp. 432-436
Transcript by Marna L. Clemons, 8 January 2001

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This Deed made this 4th day of November 1869 between John W. Motley and Nancey his wife and Fletcher B. Watson assignee of said John W. Motley a Bankrupt of the first part and John L. Hurt of the second part Whereas on the 19th day of December 1866 John W. Motley bought on John L. Hurt cons. Under a decree of Pittsylvania Circuit Court made in the chancery cause of Witcher & wife against Hurt & others pending in said Court the dower tract of land formerly held by Mrs. Nancy Clement widow of Charles Clement containing four hundred and twenty one acres at the price of seven thousand dollars, and said Motley before paying any portion of said debt filed his Petition in the United States District Court for the District of Virginia praying for a discharge from his indebtedness and in which Court on the 18th day of September 1869 the following order was made in the case of said Bankrupt to wit:
"In the District Court of the United States for the District of Virginia
      In the matter of John W. Motley Bankrupt
It being represented to the Court that the said Bankrupt hath discharged all of the liabilities due by him and listed in his Schedule "A2&3" except the debt of about $8000.00 due to John L. Hurt comr. by him as principal with James B. Pannill and Richard White as sureties evidenced by bonds which are described in said schedule, the consideration thereof being the purchase of four hundred and twenty one acres of land surrendered by said Bankrupt in Schedule "B"1" and it being further represented to the Court that the said Bankrupt and the said John L. Hurt are negotiating for a settlement of such claim and that it will not likely be necessary to order a sale of the real estate surrendered by said Bankrupt the Court doth therefore order and authorize Fletcher B. Watson Assignee of said Bankrupt upon the said Bankrupts satisfying him by evidence that he has paid off or owns the remaining debts listed in his schedule "A" as aforesaid and upon the payment by said Motley to him of a sufficient sum to discharge the costs of this matter in Bankruptcy including a reasonable compensation to said assignee - to ratify any arrangement which the said John L. Hurt comr. of the Circuit Court of Pittsylvania County in the suit A- Witcher against Clement & others pending therein, and the parties interested in the subject matter of said suit may make for the payment a discharge of the debt due said Hurt by said Motley and that said assignee execute any papers in relation to such arrangement between said parties as may be necessary to make the same effectual and final and he shall report his action under this order to court

  Witness John C. Underwood Judge of the District Court
  of the United States for the District of Virginia and
  the seal of said Court at Richmond this 18 day of
  September 1869
  Ed. J. Underwood Clk U.S. Dist Ct
  for District of Virginia"

and said Motley having made an arrangement with John L. Hurt for the liquidation of the debt due said Hurt as comr:. in the following manner viz: Said Motley & wife and the assignee of said Motley are to transfer to said Hurt individually whatever interest said Motley & wife and assignee may have in the dower tract of land of four hundred and twenty one acres sold by said Hurt as comr. Also convey to said Hurt the tract of land bought by said Motley of Vincent O Witcher & wife containing three hundred and eighty nine acres, all of which will apper by reference to deed recorded in Pittsylvania County Court Clerk office the 21 day of May 1849; and also convey to said Hurt the tract of land containing three hundred and fifty seven acres which formerly belonged to the heirs of Charles J. Clement decd. and conveyed to said Motley by John D. Coleman comr. as will appere by reference to deed recorded in Pittsylvania County Court Clerks Office the 17 day of December 1860. and in consideration thereof said John L. Hurt is to pay off and discharge said bonds executed by said Motley to said Hurt as Comr for the purchase of the said dower tract of four hundred and twenty one acres of land. And said Motley having produced evidence before said assignee sufficient to satisfy him that not only the debts listed by said Motley as Bankrupt in his Schedule "A2&3" but in fact all of the debts proved against said Bankrupt have been fully paid off except a debt due Jones & Steptoe of about $23.50 a debt claimed by Presley Simpson against said Bankrupt as security for Thomas S. Shields but which is now in litigation in Pittsylvania County Court a Confederate debt due George C. Brown assignee of W. H. Tredway created in 1864 of the nominal amount of $1487.00 but when scaled will not exceed $50.00 A debt claimed by Thomas Cook of about $40.00 disputed by the Bankrupt and a debt claimed by Walter Nangle of about $34.00 also disputed by the Bankrupt: for the payment of all of which said debts there is still a sufficiency of real estate in the hands of the assignee, and the said assignee deeming the arrangement made by said Motley & said Hurt a judicious and proper one for the interest of the said Bankrupt, and all of the creditors of said Bankrupt including said Hurt as Comr. approves the same. Now therefore the said John W. Motley & wife and said Assignee for &c in consideration of the premises aforesaid hereby give, grant, bargain, sell and convey unto the said John L. Hurt individually, free from the claims of themselves and all persons claiming by through or under them the following tracts of land to wit: All the right title & interest they the said Motley & wife and said assignee have in the dower tract of land formerly held by Mrs. Nancy Clement above referred to as sold said Motley by John L. Hurt comr. and which was assigned to said Nancy Clement by Comr. appointed under a decree of Pittsylvania County Court made at the October term thereof 1838 in the chancery case of Charles J. Clement by &c against James M Clement &c brought for a division of the estate of Charles Clement decd. and bound as follows. "Beginning at the Mouth of Sycamore creek corner to lot No 1 thence up the river 114 poles to a buckeye corner to Lot 2at 21. thence with that lot leaving the river S40° W50 poles to a Persimmon tree at 22 S26° W34 poles to a White Oak on Sycamore creek at 23, thence crossing the creek S31° E36 poles to a Spanish Oak at 24. S8° E52 poles crossing a branch to a Maple at 25. S39° W40 poles to a White oak at 26. S14° W40 poles to a red Oak at 27. S30° W35 poles to a Sourwood at 28. S32° E33 poles to a pine at 29. S41° E291 poles crossing a branch the river road, Farmers road and Clements road to a new corner Hickory in the old line at 31. N85° E50 poles to the place of a lost corner at 32. N60° E42 poles to Crews corner pointers to lot No 1 at 16. thence with that lot N34 W410 poles to a locust at 17. N1° E62 poles to the North east corner of the Garden at 18. N6 ° E23 poles to a small poplar at 19. N38° W15 poles to a large poplar on Sycamore creek at 20. and thence N57° E42 poles to the first station containing four hundred & twenty one acres" Also the tract bought by said Motley of V. O. Witcher & wife being the same referred to in the division of the estate of Charles Clement decd. as lot No.2 and bounded as follows to wit: "Beginning at the dower corner on Staunton river at the corner Buckeye at 21. thence with the dower S40° W50 poles to a Persimmon tree at 22. S25° W34 poles to a White Oak on Sycamore creek at 23. S31° E30 poles crossing the creek to a spanish oak at 24. S8° E52 poles crossing a branch to a Maple at 25. S39° W4 poles to a White oak at 26. S14° W40 poles to a red oak at 27. S30 W35 poles to a Sourwood at 28. S32° E33 poles to a pine at 29. S41° E291 poles crossing a branch, the river road Framers road and Clements road to a new corner Hickory in the old line at 31. thence with Crews lines S85 W55 poles crossing Clements road to a Post oak at 44 N39° W10 poles to the place of lost corner at 43. N20° W42 poles to a fallen pine at 42. S85° W180 poles to the place of lost corner at 41. N46° W49 poles to a Post oak at 40. N61° W4 poles to new Corner pointers to Lot No. 3 at 39 thence with that lot N22° W138 poles to a Sourwood at 38. N11° E117 poles to a pine at 37. N20° E130 poles to a Pine at 36. N16° E 80 poles to a branch of willows on Sycamore creek at 35. thence up the creek as it meanders 44 poles to John Smiths line at 34. thence with his line S32° E94 poles to the river and down the same 60 poles to the first station, containing three hundred and eighty nine acres of land." And also the tract conveyed to said Motley by John D. Coleman Comr. being the same referred to in the division of the estate of Charles Clement dec.d as lot No. 3 and bounded as follows to wit: "Beginning at new corner pointers to lot No 2 at 39, thence the old line with Bruces N61° W62 poles to a pine stump at 45 W20° W79 poles to a red oak at 40 N58° W36 poles to Sycamore creek and down the same as it meanders 41 poles to the ford, thence leaving the creek S58° W18 poles to a white oak at 48 S4° W crossing the creek 22 poles to a pine at 49. S87° W28 poles to a pine at 50 to Doc.t Dillard and with his line N26° W89 poles to a large red oak at 51 N46° E64 poles to a crook at 52 N66° E26 poles to a crook at 53 N40° 618 poles to a large white oak at 54 to John Smiths and with his lines N75° E107 poles to pointers at 55 N13° W29 poles to a Post oak at 56. N13° E55 poles to a red oak at 57. N9° E86 poles to a pine at 58. East 10 poles to the place of a lost corner at 59. N1° E61 poles to a pine at 60. N10° W46 poles to Sycamore creek at 61 and down the same as it meanders 114 poles to corner willows to lot No.2, and with the same S16° W80 poles to a pine at 36 S20° W130 poles to a pine at 37. S11 W117 poles to a Sourwood at 38 and thence S22° W136 poles to the first station containing three hundred and fifty seven acres. And the said John W. Motley doth covenant to and with the said John L. Hurt to warrant specially such interest as he has in the tract of land hereinbefore first mentioned as he desired in virtue of his purchase thereof from said Hurt as comr. in the aforesaid suit of Witcher against Clement &c and to warrant generally the title to the residue of the realty hereby conveyed and the said Fletcher B. Watson doth covenant to & with the said Hurt to warrant specially such title to the property hereby conveyed as is vested in him by virtue of the assignment to him by H. G. Bond Register in the aforesaid proceedings in Bankruptcy. Witness the following signatures and seals the day and year first aforesaid

  John W. Motley {seal}
  Nannie Motley {seal}
  F. B. Watson {seal}
  Assignee of Jno. W. Motley Bankrupt

Pittsylvania Co. Sc.
This day John W. Motley and F. B. Watson parties whose names are signed to the foregoing deed personally appeared before me a Notary Public within and for said County and acknowledged the same to be their act Given under my hand this 6 day of November 1869

  J. D. Coles  N.P.
State of Virginia
Pittsylvania County Sc.
This day Nannie Motley wife of John W. Motley personally known to us Notaries Public within and for said County to be one of the persons whose name is signed to the foregoing deed bearing date 6 November 1869 as a party thereto appeare before us and after she had been examined touching the same privily and apart from her said husband and after the contents of said deed had been by us fully explained to her, she the said Nannie Motley acknowledged the same to be her act and that she did not desire to retract the same Given under our hands this 6 day of November 1869
  Wm. M. Tredway Jr. N.P.
  J. D. Coles N.P.
In the Clerks Office of the County Court of Pittsylvania County on the 18 day of December 1869, The foregoing writing was admitted to record upon the certificates of acknowledgment thereto annexed and I do certify that one dollar and fifty cents in Revenue Stamps has been placed on said writing according to law
  Teste L. Scruggs DC



Marna L. Clemons



(858) 486-6099
clementgenealogy@yahoo.com

Created December 2000
Last Revision -
Wednesday, 01-Jan-2014 10:50:17 MST

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