Sale of Randolph Rutherford, Sr. farm to James T. Gleaves

This Indenture made this 20 day of May in the year of Christ one thousand eight hundred and forty two between Calvin Rutherford and Josiah Rutherford heirs of John Rutherford deceased – James Rutherford Jane Fry wife of Philip Fry Nancy Orr Polly Orr wife of William Orr Elizabeth Shipley William Rutherford Nehemiah Rutherford Randal Rutherford Delilah Austin wife of John Austin and Calvin M. Rutherford heirs of the late Randal Rutherford of Wythe County Virginia of the one part and James T. Gleaves of the county and state aforesaid of the other part – witnesseth that the said Calvin Rutherford and Josiah Rutherford (heirs of John Rutherford deceased), James Rutherford Jane Fry wife of Philip Fry Nancy Orr Polly Orr wife of William Orr Elizabeth Shipley William Rutherford Nehemiah Ruther(ford) Randal Rutherford Delilah Austin wife of John Austin and Calvin M. Rutherford for and in consideration of the Sum of eight hundred and five dollars to them in hand paid by the Sd Gleaves the receipt of which is hereby acknowledged have bargained and sold and by these presents do give grant bargain and sell unto the said James T Gleaves a certain tract or parcel of land (except that Polly Rutherford – widow of Randal Rutherford deceased shall hold and possess her dower in the same during her life time) lying in Wythe county on the waters of Cripple creek containing 335 ½ acres be the same more or less and bounded as follows Viz Beginning at two white oaks thence with James T Gleaves land S 64 W 93 poles crossing a branch to a stake N 51 W 93 poles to a white oak on a ridge N 78 W 31 poles to a double white oak S 80 ¼ W 80 poles to a white oak on the point of a ridge near the creek S 11 W 54 poles to two white oaks near the creek thence with Rosenbums land S 25 E 36 poles to a white oak S 5 W 133 poles to two red oaks near a spring thence with Fry’s land S 29 E 20 poles to three white oaks by the corner of a fence thence along sd fence in part N 69 ¼ E 444 poles leaving Fry’s land and in part with an other tract of James T Gleaves land to three poplars from one root thence with Burrs land N 80 ½ W 106 poles to a large white oak stump by which is a hickory marked N 68 W 39 poles to four maples on a ridge thence N 17 W 39 poles to the beginning with its appurtenances to

have and to hold the said tract of land with its appurtenances except as herein before excepted unto the said James T. Gleaves and his heirs and the said Calvin Rutherford and Josiah Rutherford heirs of John Rutherford deceased James Rutherford Jane Fry wife of Philip Fry Nancy Orr Polly Orr wife of William Orr Elizabeth Shipley William Rutherford Nehemiah Rutherford Randal Rutherford Delilah Austin wife of John Austin and Calvin M. Rutherford for themselves and their heirs do covenant with the said James T. Gleaves that they – the party of the first part hereto, the said tract of land with its appurtenances unto the said James T. Gleaves and his heirs against the claim or claims of all persons whomsoever (except Polly Rutherfords life estate or dower interest in the Same) do warrant and will forever defend in testimony of which the said Calvin Rutherford and Josiah Rutherford heirs of John Rutherford deceased James Rutherford Jane Fry wife of Philip Fry Nancy Orr Polly Orr wife of William Orr Elizabeth Shipley William Rutherford Nehemiah Rutherford Randal Rutherford Delilah Austin wife of John Austin and Calvin M. Rutherford do hereunto set their hands and affix their seals the day and year first above written