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Indenture to Land Acquired by Elias James in

Loudoun County, Virginia on December 12, 1785

 

THIS INDENTURE made the Twelfth day of Dec. in the Year of our Lord One thousand seven hundred and eighty five BETWEEN the Honorable George William Fairfax Esquire by George Nicholas his Attorney in fact of the one part and Elias James of the other part. WITNESSETH that the said George William Fairfax for and in consideration of the rents and covenants herein after mentioned, on the part of the said Elias James to be paid and performed hath demised, granted, set and to farm let and by these presents doth demise, grant and to farm let unto the said Elias James his heirs and assigns one hundred acres of land, with the appurtenances, situate, lying and being in the perish of Shelburne in the County of Loudoun on the side of the blue ridge being part of a tract of land of 30,185 acres and called Shannandale and bounded as followeth.  Beginning at a red oak and hicory corner Richard Osbornes lott running thence with his line No. 8° Et. one hundred and thirty three poles to a Gum .Corner to lott No.2. which is Leased to the said James, thence So. 26° Wt. one hundred and twenty one poles to a spanish and red oak. Corner to lott No. 2. thence So. 8° Wt. on hundred thirty three poles to a spanish oak in the line of the lott that was once laid off for Daniel James now Leased to ______ thence No. No. 26° Et. on hundred and seventy one poles to the beginning containing one hundred acres which lott is called No. one. together with all profits, commodities, and appurtenances to the same belonging or in any wise appertaining, excepting and increasing unto the said George William Fairfax his heirs and assigns all mines, minerals and quarries whatsoever, and the rest of them, and the privilege of hunting and fowling in or upon any part thereof. TO HAVE AND TO HOLD the said One hundred acres of land with the appurtenances (except as below excepted) unto the said Elias James his heirs and Assignes from the day of the date hereafter and during the natural lives of Thomas James, Elias James, and Ann James Sons and Daughter of the said Elias James YIELDING AND PAYING unto the Said George William Fairfax his certain attorney, heirs, executors, administrators or assignees, Yearly, and every year on the first day of May the rent of two pounds two shillings and six pence current money of Virginia for and during the space and term before mentioned and if it shall happen that the said reserved Yearly rent or any part thereof should be in arrear, or unpaid for the space of sixty days next after the day appointed for the payment thereof in any Year during that demise, and the same being lawfully demanded at the message of the said Elias James his heirs, or Assigns, upon the demised premises, and thus shall not be goods and chattel of the said Elias James his heirs or Assigns upon the said premises, sufficient by distress to satisfy and pay the rents so in arrear that then and in that case it shall and may be lawful to and for the said George William Fairfax his heirs or Assigns into and upon the said demised premises to reenter and the same to have again, retain and enjoy as of his or their former estate this indenture or any thing herein contained to the contrary in any wise notwithstanding.  And the said Elias James for himself, his heirs, executors, Administrators and Assigns doth further covenant promise and agree to and with the said George William Fairfax his heirs and Assigns that the said Elias James his heirs or Assigns shall and will within the space of two years at furthest from the date hereof build or cause to be built on same convenient part of the hereby demised land and premises a good dwelling house twenty feet by sixteen and a barn twenty feet square after the manner of Virginia building or other houses and buildings equal thereto and that he or they will also within the before mentioned space of Two Years plant on same convenient part of the hereby demised land and premises an orchard of two hundred winter apple trees at least thirty feet distance every way from each other and fifty peach trees at sixteen feet distance every way from each other and the same well enclosed with a good sufficient and lawful fence and keep them all well pruned and if any of them should die or decay that the said Elias James his heirs, executors, Administrators or Assigns shall plant other of the same kind in the room of them, and that he will from time to time, and at all times during the continuance of this demise, will and sufficiently maintain and keep all and singular the said buildings, Orchards and fences, which are to be built or at any time during the said term shall be upon the demised premises in good and sufficient repair and at the end or former determination of the demised will so yield up and leave the same to the said George William Fairfax, his heirs or assigns.  And moreover the said Elias James for himself his heirs, executors, administrators and assigns doth further covenant promise and agree to and with the said George William Fairfax that the said Elias James his heirs and assigns will leave standing in same convenient part of the above granted premises and in one body, at least Ten Acres of Woods untouched, which woods shall remain and be held as a further support of the plantation or farm at the expiration or determination of this Lease and that the said Elias James his heirs executors Administrators or assigns shall not use, fell or otherwise dispose of or suffer to be used, sold or otherwise disposed of any sort of timber or wood from off any part of the hereby demised land and premises in any manner whatsoever (except for the proper use and benefit of the hereby demised land and premises) without the consent of the said George William Fairfax his heirs and assigns first obtained under his or their hand.  And that the said Elias James his heirs, executors, administrators or assigns shall not suffer any sub-tenant to dwell on any part of the demised premises, nor any waist or spoil to be made of the woods, underwoods, trees, or timber to the said premises belonging, and if at anytime any timber fit for carpenters or coopers use or rails should be cut down in clearing ground or otherwise the same shall all be worked up and not suffered to rot or perish under the penalty of five pounds current money over and above the value of such timber to be paid by the said Elias James his heirs executors, administrators or assigns to the said George William Fairfax his heirs, executors, administrators or assigns for every such offence and further the said Elias James for himself, his heirs, executors, administrators and assigns doth covenant, promise and agree to and with the said George William Fairfax that no assignment, transference or other conveyance whatsoever of this Lease or of the hereby demised land and premises, or any part thereof shall be made by the said Elias James his heirs, executors, administrators or assigns, or any other person or persons whatsoever in his or their behalf to any person or persons whatsoever without the consent of the said George William Fairfax his certain attorney, heirs, executors, administrators or assigns first obtained under his or their hand and seal otherwise such assignment, transference or conveyance to be void and of no effect and further that it shall and may be lawful to and for the said George William Fairfax his heirs and assigns, his and their lawful attorney and attorneys and his and their servants and workmen, and every of them at all times during the continuance of this demised into all or any part of the hereby demised premises (the dwelling house and other houses thereupon being only excepted) to enter and there to dig, search, or drain for any mines of stone, iron, lead, copper, or other mines, and to have free ingress, egress, and regress from time to time during this demise for making his and their best benefit of the same, and for carrying the same away with cart, wagons, carriages, horses, and oxen, from time to time, to the use and at the pleasure of the said George William Fairfax his heirs and assigns.  And that the said George William Fairfax, his heirs, executors, administrators, and assigns shall and may from time to time, have free use of any part of the lands hereby demised (except the houses aforementioned) for the laying any of the mines aforesaid to be got in the demised premises, he and they, from time to time, making full recompense to the said Elias James his heirs, or assigns for such loss as he or they shall sustain by reason of the digging, carrying away, or laying, the mines aforesaid on any of the demised premises, during the term hereby demised. AND MOREOVER that whenever eight of the tenants shall, by a declaration in writing under their hands, adjudge a path or road needful to be made through any part of the demised premises, it shall and may be lawful for the said George William Fairfax, his heirs, or assigns, his or their lawful attorney or attorneys, to cause such path or road to be made and cleared by the persons desiring the same, without any interruptions or molestation from the said Elias James his heirs or assigns. And lastly, the said Elias James for himself his heirs, executors, administrators, and assigns, doth further covenant and agree to and with the said George William Fairfax his heirs, or assigns, that if he or they or either of them, shall at any time make a breach or failure of any part of the above covenants that then it shall and may be lawful to and for the said George William Fairfax, his heirs and assigns to re-enter upon the said land and premises, and the same to have again, retain and enjoy as if this deed had never been made. And the said George William Fairfax for himself, his heirs, executors, administrators, and assigns doth covenant and grant to and with  the said Elias James his heirs, and assigns that it shall and may be lawful to and for the said Elias James, his heirs, executors, administrators or assigns and all and over other person or persons who by virtue of the demise shall be legally and justly possessed of the hereby demised land and premises, shall and may under the rents, payments, penalties, reservations, restrictions, provisions, conditions and agreements herein before mentioned peaceably and quietly have, hold, use, occupy, possess, and enjoy the said hereby demised land and premises, with the appurtenances, during the before mentioned space and term of the above three lives without any trouble, molestation, interruption or denial of him the said George William Fairfax his heirs, or assigns or any other person or persons whatsoever lawfully claiming or to claim by, from, or under him, them or any of them. IN WITNESS whereof the said parties (the said George William Fairfax Esquire by George Nicholas his attorney in fact) have hereunto interchangeably set their hands and seals the day, month and year first within written.

 

Sealed and delivered

in the presence of }

Geo. Rootes                            G. Nicholas    S.S.

William Bready

Battaile Huse

 

At a Court held for Loudoun County April the 10th 1786 This Indenture was proved by the oath of George Rootes Esq. and William Bready two Witnesses subscribing thereto and at the same Court continued and held the 12th day of the same month the same was fully proved by the oath of Battaile Muse another witness thereto and ordered to be recorded.

 

                                Teste. Cha. Binns

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Updated: September 20, 2025