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Sunday, January 29, 2023

Sale of the late Thompson B. Powell Estate Lands

 R. T. Powell & Others to F. H. Smith and Wife Deed

The State of South Carolina
             Know all men by these presents That We William M. Hurst and Mary E. Hurst his wife, Richard T. Powell and Ellen E. Powell Heirs and distributes of  Thompson B. Powell "deceased"  in the State aforesaid for and in consideration of the Sum of Five Hundred Dollars to us in hand paid at and before the Sealing of these presents, by Ferguson H. Smith and Ann R. Smith his wife in the State aforesaid, the receipt whereof is hereby acknowledged, have granted, bargained, Sold, and released, and by these presents do grant, bargain, Sell and released  unto the said Ferguson H. Smith & wife Ann R. Smith all that piece, parcel or tract of Land, lying Situate and being in the County of Chesterfield and State aforesaid on both sides of the Sneedsboro Road Containing one hundred and Sixty acres as will fully show by a plat of the same thereunto annexed made and certified to by John H. Lowry Deputy Surveyor, on the 14th day of November, A.,D. 1871 Together with all and Singular the rights, members, hereditament and appurtenances to the said premises belonging or in any wise incident or appertaining. To Have and to Hold all and Singular the premises before mentioned unto the Said Ferguson H. Smith and wife Ann R. Smith their heirs and assigns forever and we do herby bind ourselves, heirs, Executors, and Administrators to warrant and forever defend all and Singular the said premises unto the Said Ferguson  H. Smith and wife Ann R. Smith their heirs and assigns against ourselves and our heirs, and all and every person or persons, lawfully claiming or to claim the Same or any part thereof. And we the Said Wm. M. Hurst & wife Mary E. Hurst, R. T. Powell, Jr. & Ellen E. Powell for ourselves and our heirs, Executors  and Administrators do covenant, promise, grant and agree to, and with the said Smith and Wife their heirs and assigns, by these presents in manner and form following that is to say That we the Said Wm. M. Hurst and wife Mary E. Hurst, R. T. Powell, Jr. & Ellen E. Powell now and at the time of the Sealing and delivery of these presents are lawfully and absolutely seized of and in in the Said Lands and all and Singular other the premises herein before mentioned, and intended to be hereby granted and released, and every part and parcel thereof with their and every of their appurtenances of a good, Sure, perfect and absolute State of inheritance, in fee-Simple without any manner of condition [unreadable], power of revocation or limitations or any use or uses, or other restraint, matter, or thing whatsoever, to alter, change, charge, defeat or evict the Same. And also that we the Said Wm. M. Hurst and wife Mary E. Hurst, R. T. Powell, Jr. & Ellen E. Powell now have in ourselves good rightful power and lawful and absolute authority to grant, release and confirm the said Lands and all and singular others the premises herein before mentioned and intended to be herby granted and released. And every part or parcel thereof with their and every of their appurtenances, unto the said Smith and wife their heirs and assigns forever as aforesaid. And also that it Shall and may be lawful; to and for the Said Smith and wife, their heirs and assigns from time to time, and at all times forever hereafter peaceably and quietly to enter into, have, hold, occupy, possess, and enjoy the said land and all and Singular other the premises herein before mentioned and intended to be hereby granted and released and every part (pg 117)  and parcel thereof with their and every of their appurtenances without any of the lawful Suit, trouble, molestation, Eviction, or interruptive of us the Said W. M. Hurst and wife Mary E. Hurst, R. T. Powell, Jr. & Ellen E. Powell our Executors Administrators or any other person or persons whatsoever: And  that free and clear, and freely and Clearly, and absolutely acquitted exonerated and discharged of, and from all and all manner of former and other gifts, grants, bargains, Sales, Uses, Wills, initials, joiners, dowers, judgments, Executors charges and encumbrances whatsoever had, made, done, committed, or Suffered by us the Said W. M. Hurst and wife Mary E. Hurst, R. T. Powell, Jr. & Ellen E. Powell  or any other person or persons whatsoever.
And lastly, that we the  Said W. M. Hurst and wife Mary E. Hurst, R. T. Powell, Jr. & Ellen E. Powell and our heirs, and all and every other person or persons lawfully claiming or to claim, and estate, right, title, trust, or interest, of, in or to, the Said lands and all and singular other the premises herein before mentioned and intended to be hereby granted and released, or any part or parcel thereof Shall and will from and at all times hereafter, at the reasonable request and proper costs and charges of the law, of the said Ferguson H. Smith and wife Ann R. Smith their heirs and assigns, make, do acknowledge, and execute, or cause and procure to be made, done acknowledged, and executed, all and every such further and other lawful and reasonable Act and Acts. thing and things, conveyances and assurances in the law whatsoever for the further, better, and more perfect and absolute granting conveying and assuring the said Lands and all and Singular other the premises herein before mentioned and intended to be herby granted and released and every part and parcel thereof with their and every of their appurtenances to and for the use and behoof of the said Ferguson H. Smith and wife Ann R. Smith their heirs and assigns forever, as by him or them, or by his or their counsel, learned in the Law, Shall be reasonably devised or advised, and required. 
Witness our hands and seal this first day of December in the year of our Lord one thousand eight hundred and Seventy One, and in the 96th <sic> [95th] year of the Independence of the United States of America.
Signed, Sealed and delivered}                               W. M. Hurst {Seal}
in the presence of}                                                 Mary E. X Hurst {Seal}
A. W. Davis}                                                          R. T. Powell, Jr. {seal}
T. F. Mulloy}                                                          Ellen Powell {Seal}

[U.S. Stamp amounting to]
[Fifty cents properly canceled]

The State of South Carolina}
Chesterfield County}
         Personally appeared before me Thos. F. Mulloy and made oath that he saw the within named Wm. M. Hurst, Mary E. Hurst, R. T. Powell, Jr. and Ellen Powell sign and as their act and deed deliver the within written deed and that he with A. W. Davis witnessed the execution thereof.
                                                                                T. F. Mulloy
Sworn to before me this 2nd}
day of September 1872.}
Hugh Craig}
     Judge of Probate}

PLAT MAP INCLUDED





South Carolina
     The above plat represents a Tract of Land laid off to Ferguson H. Smith and wife heirs-at-Law of the late Thompson B. Powell dec'd. under the directions of the Commissioners appointed to partition the Estate of the late Thompson B. Powell Dec'd. containing One Hundred and Sixty Acres. Situate in Chesterfield County in the State aforesaid and has such form mark and boundaries as above represented.
     Surveyed November 14th A.D. 1871
                                                                                John H. Lowry
                                                                                     Deputy Surveyor

Auditor's Office}
Chesterfield Co.}
         Recorded Dec. 6th 1871 in Sales Book A page 3.    
                                                                                 T. L. Weston
                                                                                        A.C.C.

Recorded 23rd Oct. 1872
Orign'l Dlvd F. H. Smith


Thompson B. Powell was born abt 1801 and died before 11 June 1866. He was married to Mary "Polly" Boatwright. Thompson and Mary had 4 children; 3 daughters and 1 son.  Those 4 children are named within the above Land Deed. They were:

  1. Mary E. Powell-- William Monroe Hurst
  2. Richard Thompson Powell--Margaret G. Powell
  3. Ann Rebecca Powell-- Ferguson Hale Smith
  4. Ellen E. Powell - Never married

____________________________

1. This Land Deed can be downloaded in its entirety at Archive Viewer (uslandrecords.com)

2. Chesterfield County, South Carolina, Deed Book 4: pages 116,117 and 118, R. T. Powell & Others to F. H. Smith and Wife Deed; Register of Deeds, Chesterfield, Chesterfield County, South Carolina.

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