An Indenture of James Cave

A few changes in spelling and capitalization have been made, and punctuation has been added to facilitate reading, but the grammar and syntax of the original document are intact.

Stafford County, VA Courthouse: General Record of Real Estate
James Cave (Grantee), page 5
Liber LL (pages 383-385) and a second Liber LL (pages 406-409)
January 14, 1839

This indenture made this 17th day of October 1838 between James Cave and Rebecca his wife of the first part, William Morson of the second part, and Richard C. L. Moncure of the third part witnesseth that whereas John A. Morson by deed dated on the first of January 1835 conveyed to the said James Cave a certain tract of land containing five hundred and fifty acres, three roods and 18.49 poles situated in Stafford County on the east side of Jones' road, otherwise called the Ridge road, being part of what has usually been called the Hartwood tract of land and more fully described in a map and survey made by Alexander P. Williams and annexed to the said deed which is recorded in this office of the County Court of Stafford, subject however to a saving reservation and exception in favor of the said John A. Morson, his heirs and assigns, of one half of all mines, minerals, or metallic substances which may exist, be worked or found in or upon said land. And whereas the said James Cave and his late wife Margaret sold and conveyed a portion of said land, containing one hundred and fifty-six acres, three roods and 4.67 poles, subject to the reservation aforesaid, to William Latham as will appear by reference to the deed to said Latham recorded in the office aforesaid. And whereas the said John A. Morson having died after the execution of the aforesaid deed from him to said Cave and before the purchase money had been paid by said Cave, and the said William Morson having become entitled under the will of said John A. to the purchase money, the said Cave, for the purpose of securing the same, conveyed the residue of the said land containing three hundred and ninety-seven acres and 13.82 poles to the said Moncure by deed of trust which is also of record in the office aforesaid -- and whereas the said James Cave having made default in the payment of the purchase money aforsaid according to the terms and provisions of said deed of trust, the said Moncure, as trustee in pursuance of the said terms and provisions, exposed the land conveyed by said deed of trust to public sale at Stafford court house on the second Monday in September 1838, that being Stafford Court day, for cash, having given more than one month's previous notice of time, place, and terms of sale in the Virginia Herald, a newspaper published in Fredericksburg, on which said day of sale the sum of three hundred dollars bid by the said Moncure being the highest bid made for the said land so exposed to sale, the said sale was thereupon adjourned by proclamation to the second Monday in October 1838 and notice of such postponement was duly advertised in the said Virginia Herald. And on the said second Monday of October, being Stafford Court day at Stafford court house, the said land conveyed by the said deed of trust subject to said reservations was again exposed to public sale for cash, at which sale the said Moncure again being the highest bidder at the sum of five hundred and fifty dollars, the said land was cried out to him at that price. And whereas the said Moncure being willing to take the said land at the price aforesaid and being unable to obtain more as has been tested by several experiments, the said Cave, with the consent of the said William Morson, is willing to confirm the sale to the said Moncure and to convey the said land to him. Now, therefore, this indenture further witnesseth that the said James Cave and Rebecca his wife in consideration of the premises and of the said sum of five hundred and fifty dollars paid and applied by the said Moncure to the purposes of the said deed of trust and also the sum of one dollar together in hand paid by the said Moncure and by and with the consent of said William Morson have granted, bargained, sold, released and confirmed and by these presents do grant, bargain, sell, release and confirm unto said Richard C. L. Moncure and his heirs and assigns forever said tract of land conveyed to him by the deed of trust aforesaid lying in Stafford County in Virginia and containing three hundred and ninety-seven acres and 13.82 poles, but subject to aforesaid reservation in favor of John A. Morson, his heirs and assigns of one half of all mines, minerals, and metallic substances in or upon said land to have and to hold the said land hereby conveyed subject as aforesaid to him, the said Moncure, his heirs and assigns forever for his and their proper use and behalf forever. And the said Cave for himself and his heirs hereby covenant that he and they will forever warrant and defend the land hereby conveyed subject as aforesaid to him, the said Moncure, and his heirs and assigns forever against the claims and demands of all persons whomsoever.

In witness whereof the parties to this deed have hereunto subscribed their names and affixed their seals the day and year first herein written.

James Cave {seal}
Rebecca Cave {seal}
R. C. L. Moncure* {seal}

*Richard Cassius Lee Moncure

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