Heirs of John Vicars to the Heirs of Jacob Vicars

Russell County, Virginia
Deed Book 10, Pages 448 - 449
Executed & Recorded 02 Apr 1839

This Indenture, made this second day of April in the year of our Lord 1839, between Joseph Gilbert and Mary, his wife, and Thomas Vicars, and Robert Vicars, Elenar Vicars, Jacob Vicars, Nancy Vicars, James Vicars, John Vicars, Thomas Vicars, and Henderson Vicars, heirs of John Vicars, deceased, by Robert Fugate Commissioner appointed for the special purpose as herein aforementioned of the first part, and Lydia Vicars, Robert Vicars, Frederick Vicars, Polly Vicars, and Joseph Vicars, heirs of Jacob Vicars, deceased, of the second part, witnesseth that the said Robert Fugate in compliance of a decree of the Circuit Superior Court of Law and Chancery of Russell County, a copy of which is hereto annexed & referred to as part of this Indenture and the further consideration of the sum of one dollar ($1.00) to him in hand paid by the said heirs of Jacob Vicars, deceased, he the said Robert Fugate doth grant, bargain, sell & confirm unto the said parties of the second part one certain tract or parcel of land lying & being in the County of Russell on the waters of Copper Creek containing forty-nine acres, being the same more or less, it being the quantity partitioned to the heirs of Jacob Vicars, referred to in said Decree and is bounded thus: Beginning at John Dorton's line in the public road & running along the road S.41 degrees, W.14 poles to a stake S.22 degrees, W.58 poles to a white oak thence leaving the road N.40 degrees, W.30 poles to a stake in a line of the original tract, then with it S.62 degrees, W.15 poles to a chesnut & two hickorys a corner to Thomas Vicars Partition, thence with its lines S.45 degrees, E.31 poles to the public road N.64 degrees, E.12 poles to a white oak on the south side of sd road, S.40 degrees, E.120 poles to three white oaks in another line of the original tract, thence with its several lines N.30 degrees, E.76 poles to a white oak and gum. N.39 degrees, W.94 poles passing John Dortons corner & with his line to the Beginning, with its appurtenances. To have & to hold the said tract of land with all its appurtenances unto the said parties of the second part and their heirs forever. And the said Robert Fugate on the part of the parties of the first part, doth covenant & agrees to and with the said parties of the second part, that he, the said Robert Fugate, on the part of the said parties of the first part, will forever warrant and defend the said forty-nine acres of land, partitioned as aforesaid, to the said heirs of Jacob Vicars decd., against the claim or claims of them, the said parties of the first part & their heirs, & of all persons whomsoever claiming or to claim, by, through or under them, or either of them, or their or either of their heirs, severally by these presents. In witness, whereof, the said Robert Fugate as commissioner aforesaid on the part of the said Joseph Gilbert & others of the first part, have here un to subscribed his name & affixed his seal, the day & year first herein written.

Robert Fugate seal

___________

At a Circuit Superior Court of Law & Chancery continued and held for Russell County at the Court house on Thursday, the 19th day of April 1838:

Tyree Culbertson Complainant
against
The heirs of Robert Vicars, decd. Defendants

On this day, this cause came on again to be further heard, upon the papers formerly read in the cause & the report of Robert Fugate Commissioner of the court to make partition of the lands in the bill mentioned by counsel, it is ordered, adjudged & decreed that the said Report be confirmed. And it is further ordered, adjudged & decreed that the Complainant, Tyree Culbertson, make several deeds of conveyance, with suitable covenants of special warranty against the claim of himself & his heirs to Thomas Vicars for the land partitioned to him in the report of said Fugate, and also to the heirs of Jacob Vicars jointly, for the portion of land off to them in said report, and that the defendant Thomas Vicars make several deeds of a like kind to the Complainant & to the heirs of Jacob Vicars jointly for the land partitioned to them in said report. And it is also further ordered, adjudged and decreed that the heirs of Jacob Vicars make several deeds of a like kind to the Complainant & to Thomas Vicars for the land partitioned to each of them in said report. And it is further ordered, adjudged, and decreed that the defendant, Joseph Gilbert and wife make several deeds of like kind to the complainant & to the heirs of Jacob Vicars & to Thomas Vicars for the lands partitioned to them severally in said report. And that the heirs of John Vicars make several deeds of a like kind to the complainant, to Thomas Vicars & to the heirs of Jacob Vicars for lands partitioned to each of them in said report. And it appearing to the satisfaction of the court that the heirs of John Vicars & the heirs of Jacob Vicars in the bill mentioned are infants, under the age of 21 years, and that the said Joseph Gilbert & wife are non-residents, it is ordered, adjudged & decreed that Robert Fugate, who is hereby appointed a Commissioner for that purpose, make the deeds aforesaid, for the Infants & Non-residents above mentioned and report his proceedings to this Court. And it is further ordered, adjudged, and decreed, that time be allowed said infants, until twelve months after they severally attain the age of 21 years, to show cause against this decree & the cause is continued til the next Term.

On this 21st day of September 1838, this cause came on to be further heard upon the bill, answers & exhibits formerly read in the cause, and was again argued by counsel, and it appearing to the satisfaction of the Court that Thomas Vicars against whom a decree was rendered in this cause on the 19th of April last, is a non-resident & not within the power of the court, and it further appearing to the Court that deeds have not been executed by said Thomas according to said decree, therefore, it is ordered and adjudged & decreed that Robert Fugate, who is hereby appointed a commissioner for that purpose, execute the several deeds of conveyance from Thomas Vicars to the persons respectively entitled thereto under said decree & that he report his proceedings to this Court, and the cause is continued till the next Term.

At a court held for Russell County on the 2d day of April 1839.
This Indenture of bargain & sale from Robert Fugate, Commissioner for and on the part of Joseph Gilbert & others, to the heirs of Jacob Vicars deceased, was acknowledged in Court by the said Robert Fugate, to be his act and deed as Commissioner, as aforesaid, and ordered to be Recorded.

Teste,
James P. Carrell, CRC

This file contributed by: Dawna J. Vicars

visitor since May 16, 2001

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