Submitted by James M Miscovich.
Book 2 Page 398
Moses Shepard (Lydia and Daniel Cruger)
Sept 18, 1838
This Indenture made the eighteenth day of September in the year of our Lord one thousand eight hundred and thirty eight between Daniel Cruger and Lydia his wife of the county of Ohio in the state of Virginia of the first part and William Dougherty of the county of Marshall in the state aforesaid of the second part. Whereas Moses Shepard by his last will and testament, bearing date the first day of January in the year 1830, duly admitted to record in the Ohio Circuit Superior Court, at the spring term of 1832, and by the will appointed his then wife Lydia, above named, sole executrix. Therefore and whereas the said Moses Shepard did by his said last will and testament, alleged that he had sold some tracts of land which he had not conveyed, on some of which the whole, and on some part, of the purchase money was due and to carry into effect the said sales therein authorized and empowered his said Executrix to execute all such contracts to all intents and purposes as he could do if in life: And whereas the said Moses Shepard did sell in his lifetime to the said party of the second part the following described piece or parcel of land for the sum of three hundred dollars and received thereon seventy five dollars and paid part of the said consideration to the said Lydia since the death of Moses Shepard and while feme sole, and the balance to the said Daniel since his intermarriage with the said Lydia: Now therefore in execution of the power contained in said will This Indenture witness eth that the said parties of the first part for and in consideration of the said sum of three hundred dollars paid in manner aforesaid the receipt whereof is hereby confessed and acknowledged have granted bargained and sold: and by these presents, do grant, bargains sell unto the said party of the second part. His heirs and assigns forever all that certain piece or parcel of land lying and being in the county of Marshall, in the state aforesaid, and bounded as follows. Beginning at a Sugar tree standing in a small drain in the line of Edward Supler thence with his line North three degrees West ( passing a corner to Supler at four poles) one hundred and thirty six poles to a stake in the original line, thence with the original line South six degrees West ( passing a White Oak corner to the original at eighty nine poles) one hundred and nineteen poles to a stake, thence South sixty two and a half degrees East one hundred and twenty six poles to a White Walnut, in Barrisford’s line, thence with said line North twenty six degrees East, sixty six poles to a White Walnut, thence North thirteen degrees East, ten poles to a Beech, thence leaving Barrisford’s line North thirteen and a half degrees West, fifty poles to the beginning containing one hundred acres as surveyed by John Scott. Together with all and singular the tenements, hereditaments and appurtenances to the same belonging or in anywise appertaining; To have and to hold the said above described tract of land with the tenements, hereditaments and appurtenances to the same belonging or in anywise appertaining to the said party of the second part his heirs and assigns forever. To the only proper use and behoove of the said party of the second part his heirs and assigns forever, And the said parties of the first part for themselves and their heirs, the said piece or parcel of land, above described, with all and singular, the tenements, hereditaments and appurtenances before mentioned, unto the said party of the second part his heirs and assigns, free and clear from the claim or claims of them the said parties of the first part or either of them or either of their heirs and of all and every person or persons whatsoever will do and shall warrant and forever defend by these presents. In witness whereof the said parties of the first part have hereunto set their hands and seals the day and year first above written: signed sealed and delivered
Daniel Cruger SEAL
Lydia S. Cruger SEAL
in the presents of
State of Virginia Ohio County jp:
We Thomas Johnston and George Dulty Justices of the piece in and for said county and state aforesaid do hereby certify that Daniel Cruger one of the parties to the foregoing deed personally appeared before us in our county aforesaid and acknowledged the same to be his act and deed, and desired us to certify his said acknowledgement to the clerk of Marshall County in order that the said deed might be recorded. Given under our hands and seals this twentieth day of September 1838.
Thos. Johnston SEAL
Geo. Dulty SEAL