1819 Deed to Benjamin Phipps, Brunswick County, Virginia

A copy of an 1819 Brunswick County, Virginia deed was sent by the proprietor of the excellent Witcher genealogy website. This deed is dated 6 January 1819, and involved the sale of land from Frederick Smith to Benjamin Phipps.

A very recent post included a transcription of a land patent to Jesse Tatum. The land had been earlier patented to James and Mary Smith, but they lost the land when they neglected to pay the quit rents. Now, in this 1819 deed, Frederick Smith is the seller.

The record also refers to someone whose name is indistinct but which looks as though it might be Arthur Ford. If that’s the surname, one must wonder whether he could have been related to Frederick Ford of Amelia County.

We’ve discussed in past posts the 1786 will of Frederick Ford in Amelia County, Virginia. That will was witnessed by John Phipps and Tabitha Phipps. Past posts, such as this one, suggest that Frederick Ford probably had some of the same social and family connections as did the Phips or Phipps family of Surry, Sussex, and Brunswick Counties in Virginia.

Frederick Smith is said to have been born about 1766 in Brunswick County, Virginia. The 1777 Brunswick County will of Cuthbert Smith, as abstracted, names his son Frederick Smith.

The Thomas Goodrich who is also mentioned in the deed appears to have been related to Briggs Goodrich, who we’ve discussed in the past (see here, for instance, as well as here). Supposedly a daughter of Briggs Goodrich, who was named after the family’s association with the Briggs family, married a Harris, a name which has come up repeatedly in past posts.

[p. 228:]

This indenture made and entered into this sixth day of January eighteen hundred and nineteen between Frederick Smith of the one part & Benjamin Phipps of the other part both of the County of Brunswick and state of Virginia Witnesseth that whereas Thomas Goodrich late of that said County and state did by his certain Indenture of bargain and sale bearing date the second day of October eighteen hundred and five sell alien make over and confirm unto the said Frederick Smith as trustee the fee simple estate to and of one certain tract or parcel of land situate in the said County containing by estimation one hundred and sixty acres more or less and in the said Indenture particularly mentioned & described and which said sale alienation and transfer of property by the said Goodrich to the said Smith was in trust & with a condition in the said Indenture also particularly mentioned that in the event of the said Goodrichs failing to pay Arthur [ford? or fort?] or his assigns a certain debt therein named on or before the first day of January 1806 then and at any time thereafter the said Frederick Smith should sell the said land and pay the said debt all of which will more fully appear by reference to the said Indenture of bargain and sale. And whereas further the said Frederick Smith after duly advertising the day and place of sale agreeable to the condition

[page break]

and requisitions of the said Trust deed or indenture hath this day sold to the said Benjamin Phipps he being the highest bidder the said tract or parcel of land for the sum of five hundred and Twenty [or Seventy?] five dollars Now therefore this Indenture further witnesseth that he the said Frederick Smith trustee as aforesaid for and in consideration of the said sum of money by the said Benjamin Phipps to him in hand paid before the unsealing and delivery of these presents the receipt whereof is hereby acknowledged the said Frederick Smith as trustee [did?] [or?] otherwise hath granted bargained and Sold and by these presents doth grant bargain and sell make over and confirm unto the said Benjamin Phipps the said Tract or parcel of land situate in the said County and bounded by the [lands?] of lines of Richard [Heartwell?] John Harrison and of Moses Wheeler decd. Containing by estimation one hundred and sixty acres be the same more or less and the same land that the said Thomas Goodrich purchased of the said Arthur [Fort? or Ford?] To have and to hold the said described land and its sppurtenances ith the reversion and reversions remainder and remainders yearly and other rents issues and profits thereof and of any part or parcel thereof free from the claim [&? or or?] claims of him the said Frederick Smith as trustee and of his heirs and he the said Frederick Smith for himself and his heirs doth convey to the said Benjamin Phipps all the right title claim or interest vested in him as trustee and no other rights whatsoever and will forever warrant and defend the right from the claim or claims of all [and any?] other person or persons whatsoever claiming formerly in [the right?] under law the said Frederick Smith & of no others whatsoever

In Witness whereof he the said Frederick Smith hath hereunto set his hand and affixed his seal the day and year first above written

[signed:]
Fredk Smith (Seal)

Signed Sealed acknowledged and delivered before [signed:]
Edward C Smith
R. Brown
John Edwards

Brunswick County Court Clerks office 23d January 1819.

This Indenture of bargain and sale between Frederick Smith of the one part and Benjamin Phipps of the other part was proved by the oaths of John Edwards a witness thereto and having been before proved by the oaths of of [sic; word repeated] Richardson Brown and Edward C Smith also witnesses thereto was admitted to Record

Teste
[rest cut off]

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