Cave Family Land Deeds

These are transcriptions of land deeds involving members of the Cave family, primarily in Fauquier and Stafford Counties, VA. Additional deeds in this series may be accessed below. Many thanks are owed to Alice Owens for the transcriptions from microfilm.

John and Fanny Cave, James and Margaret Cave, Richard T. and Nancy Smallwood, Moses and Sarah Samuel Jr. to Lewis Waller (1825)

Fauquier County Deed Book 27 pages 413 - 417

This indenture made the 23rd day of April in the year of our Lord one thousand eight hundred and twenty five between John Cave and Fanny his wife James Cave and Margaret his wife, Richard T. Smallwood & Nancy his wife, Moses Samuel Jr. and Sarah his wife, heirs of Lowry Cave late of the county of Fauquier & state of Virginia, of the one part, and Lewis Waller of the same place of the other part, Witnesseth that they the said heirs of Lowry Cave (lately deceased) for and in consideration of the sum of Four Hundred Dollars to them in hand paid by the said Lewis Waller, at or before the ensealing or delivery of these presents, the receipt whereof they the said Heirs do hereby acknowledge, have given, granted, Bargained, Sold, alein enfeoff and confirm unto the said Lewis Waller, a certain Tract or parcel of land situate lying and being in the county of Fauquier, it Being part of the lot No. 4 which fell to the said Lowry Caves in the division of his Father's Land among his distributees, and is Bounded as follows

[note here it appears to me that a line has been inserted above a line and squeezed in as there is a ^ shown and I will transcribe it as if it were written that way as it makes more sense, and it would then read]

(Viz) Beginning at a red oak & two white oakes corner to Nancy Smallwood's lot on the Haymarket Road runs thence [a/c] and [binding] with sd road N. 25 E 72 poles to adjoining white oak in the line of the original pattent, thence with the original line S 68 - 8 - 59 pole[s] to a Stone, the new S 67 poles to a persimmon tree on the N side of hill, thence N 76 - [70?] - 87 poles to the Beginning containing thirty one acres, Together with all and singular the Houses, Buildings, orchards, woods, ways, waters, [xxssser] & Hereditaments, whatsoever to the lands and premises, hereby Bargained and sold belonging, or in any wise appertaining , and the reversion & reversions, remainders, Rents and profits thereof, and of every part and parcel thereof to Have and to hold the said Lands & premises with their & every of these appurtenances, to the said Lewis Waller his heirs Executors, administrators and Assigns forever, to the only purpose and Behoof of him the said Lewis Waller, his Heirs, Executors Administrator and assigns forever and the said John Cave & Fanny his wife, James Cave and Margaret his wife, Richard T. Smallwood & Nancy his wife, Moses Samuel Jr. & Sarah his wife, for themselves and their Heirs, the land and premises with their and every of their aforesaid appurtenances, unto The said Lewis Waller and his aforesaid, shall and will warrant and forever defend against the claim of them the said John & Fanny Cave, James &Margaret Cave, Richard T. and Nancy Smallwood, Moses Jr. and Sarah Samuel and their Heirs and against the claim of all and every Person whatsoever - In testimony whereof they said parties have hereunto set their hands and affixed their seals the day and date first above written.

Signed Sealed & deliver

in the presence of John Cave {Seal}

Fanny Cave {Seal}

James Cave {Seal}

Margaret Cave {Seal}

Richard T. Smallwood {Seal}

Nancy Smallwood {Seal}

Moses Samuel Jr. {Seal}

Sarah Samuel

Fauquier County to wit:

We William Bowen and William Thompson Justices of the peace, in the County aforesaid, in the state of Virginia, do hereby certify that John Cave and Fanny his wife, Richard T. Smallwood and Nancy his wife, parties to a certain deed bearing date on the 22 day of April 1825, and hereto annexed personally appeared before us in our County aforesaid, and acknowledged the same to be their several [xxxx] acts deeds. and desired us to certify the said acknowledgment to the clerk of the county court of Fauquier in order, that the said deed may be recorded. Given under our hand and seals this 23rd day of April 1825.

Wm. Bowen {Seal}

Wm Thompson {Seal}

Fauquier County to wit:

We William Bowen & William Thompson magistrate for the county aforesaid, in the state of Virginia, do hereby certify that Fanny Cave the wife of John Cave, and Nancy Smallwood, the wife of Richard Smallwood parties to a certain Deed for, the conveyance of Real estate bearing date on the 22nd day of April 1825, and hereunto annexed, appeared before us in our county aforesaid and having the said deed fully explained to her and being examined by us separately and apart from their several husband, they the said Fanny Cave and Nancy Smallwood, severally acknowledge the same to be their act and deed, and that they have willingly signed sealed and delivered the same, and wished not to retract it and desired us to certify the said acknowledgment to the Clerk of county court of Fauquier in order that it may be recorded. Given under each of our hands & seal this 23rd April 1825.

Wm Bowen {Seal}

Wm. Thompson {Seal}

Fauquier County to wit:

We Joseph Thompson and Seth Combs Justices of the peace in the county aforesaid, in the state of Virginia, do hereby certify that James Cave and Margaret his wife parties to a certain deed bearing date on the 22nd day of April 1825, and hereunto annexed personally appeared before us in our county aforesaid, and acknowledge the sames to be their several Acts and deeds, and desired us to certify the said acknowledgment to the clerk of the county court of Fauquier, in order that the said deed may be recorded, Given under our hand and seals this 5th of November 1825.

Jos. Thompson {Seal}

Seth Combs {Seal}

Fauquier County to wit:

We Joseph Thompson and Seth Combs Magistrates for the county aforesaid, in the state of Virginia, do hereby certify that Margaret Cave the wife of James & [blank space] parties to a certain deed for the conveyance of real estate, bearing date on the 22nd day of April 1825 & herewith annexed personally appeared before us in our county aforesaid and having this said deed aforesaid fully explained to them and being examined by us separately and apart from their several husbands, they the said Margaret Cave & [blank space] severally acknowledged the same to be their acts and deeds and that they had willingly signed, sealed & delivered the same; and wished not to retract it, and desired us to certify the said acknowledgment to the clerk of the county court of Fauquier, in order that it may be recorded. Given under each of our hands and seals the 5th day of November 1825.

Jos. Thompson {Seal} Seth Combs {Seal}

At a Court held for Fauquier County November 29th 1825

This Indenture was presented to the court, and having been acknowledged before two magistrates and entered to be recorded.

Teste

Jno A. W. Smith CC


John and Fanny Cave, James and Margaret Cave, Moses and Sarah Samuel Jr., Richard T. and Nancy Smallwood to Elizabeth Raley (1825)

This Indenture made the 6th day of November one thousand eight hundred & twenty five Between John Cave & Fanny his wife James Cave and Margaret his wife Moses Samuel Jr. & Sarah his wife and Richard T. Smallwood & Nancy his wife of the county of Fauquier and state of Virginia of the one part and Elizabeth Raley of the same place of the other part. Witnesseth that the said John Cave & Fanny his wife James Cave & Margaret his wife Moses Samuel & Sarah His wife and Richard T. Smallwood & Nancy his wife being heirs of [Lowry Cave] dec'd] for and in consideration of the sum of one hundred dollars to the said Heirs in hand paid by the said Elizabeth Raley the receipt whereof they the same Heirs do testify acknowledge had bargained & sold, aliened Infeoffed and confirmed unto the said Elizabeth Raly her Heirs and assigns forever one part of a certain lot of land which the said Lowry Cave [inherited] from his Father lying in the county of Fauquier and is Bounded as follows (Viz:) Beginning at a persimmon tree on the east side of a hill runs thence N. 66 poles to a stone in John Foxes Line thence S 68. - 8 - 76 3/4 poles to a cherry tree, thence N. 63 -[?] 26 poles to a red oake Sapling thence S. 17 [1/2?] W 28 1/2 poles to the Beginning containing twenty eight and a half acres and also all houses rents profits and hereditaments whatsoever and all rights title interest claim and demand whatsoever of them the said heirs of Lowry Cave decąd in and to the said land and every part thereof. To have and to hold the said land and premises above mentioned to the only proper use and behoff of [this?] the said Elizabeth Raley her heirs and Assigns forever [with] [???] do by these presents forever warrant and defend the same against the claim of all and every Person whatsoever. In Witness thereof the said James Cave & Fanny his wife James Cave and Margaret his wife Moses Samuel & Sarah his wife and Richard T. Samllwood and Nancy his wife have hereunto set their hands and seals the day and year above written.

Signed sealed & delivered

in the presents of us John Cave {Seal}

Fanny Cave {Seal}

James Cave {Seal}

Margaret Cave {Seal}

Richard T. Smallwood {Seal}

Nancy Smallwood {Seal}

Moses Samuel {Seal}

Sarah Samuel {Seal}

Fauquier County to wit:

We Seth Combs & Joseph Thompson Justices of the peace in the county aforesaid in the state of Virginia do hereby certify that John Cave & Fanny his wife James Cave & Margaret his wife Richard T. Smallwood and Nancy his wife Moses Samuel & Sarah his wife, parties to a certain deed bearing date on the 5th day of November 1825 and [xxxxx]

and annexed personally appeared before us in our county aforesaid and acknowledged the same to be their personal acts and deeds and desired us to certify the said acknowledgment to the clerk of the county court of Fauquier in order that the said deed may be recorded. Given under our hands & seals this 5th day of November 1825

Seth Combs {Seal}

Jos. Thompson {Seal}

Fauquier County to wit:

We Seth Combs & Joseph Thompson Magistrates for the county aforesaid in the state of Virginia do hereby certify that Fanny Cave wife of John Cave wife of John Cave [yes twice!], Margaret Cave wife of James Cave, Sarah Samuel wife of Moses Samuel Nancy Smallwood wife of Richard T. Smallwood, parties to a certain deed for the conveyance of a real estate bearing date on the 5th day of November 1825 and hereunto annexed personally appeared before us in our county aforesaid and having the said deed fully explained to them and being examined separately and apart from their said Husbands they the said Fanny Cave, Margaret Cave, Sarah Samuel & Nancy Smallwood acknowledge the same to be their acts and Deeds and that they willingly signed sealed and delivered the same and wished not to retract it, and desired us to certify the same acknowledgment to the clerk of county court of Fauquier in order that it may be recorded. Given under our hands and each of our seals this 5th day of November 1825.

Seth Combs {Seal}

Jos. Thompson {Seal}

At a court held for Fauquire County November 29th 1825

This Indenture was presented to the court and having been acknowledged before two magistrates ordered to be recorded.

Teste

Jno. A. W. Smith CC

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