Deed Ayres Stockley & Wife To James Tomlinson Ne. 1861

This Indenture made this fifth day of September in the Year of Our Lord one thousand eight hundred and sixty one between Ayres Stockley of Kent County and State of Delaware and Margaret Stockley his wife of the one part; and James Tomlinson (n) of the same County and state of the other part; Witnesseth: Whereas the said Ayres Stockley in and by and obligation dated the Tenth day of October in the Year of Our Lord one thousand eight hundred and Forty eight became bound to the said James Tomlinson and A certain Henry Viney since deceased in the following  words to wit: Know all men by these presents That I Ayles Stockley of Smyrna Kent County and state of Delaware for and in consideration of the sum of Five hundred dollars good and lawful money of the United States of America with lawful Interest from the date hereof, this day covenanted and agreed to be paid to me by Henry Viney & James Tomlin son negroes of Duck Creek Hundred Kent County aforesaid and secured by their two Judgement Bonds, bearing even date herewith, Have granted bargained and sold unto the said Henry Viney & James Tomlinson all that tract or piece and parcel of land situate in Duck Creek Hundred aforesaid adjoining lands of Alexander Peterson, Lands of the heirs of James Savin deceased and Lands of Abraham Allee said to contain about Fifty acres of Land be the same more or less (this being the same tract or piece of Land formerly owned by Mary Thompson and John Thompson and sold as their property to me by Caleb Wolcott Esq then Sheriff of Kent County in the Year of our Lord one thousand eight hundred and Forty two with all the buildings fences improvements & appurtenances to the same belonging or in any wise appertaining, And I do hereby covenant and agree to and with the said Henry Viney and James Tomlinson, their heirs executors and administrators and do hereby bind myself my heirs executors and administrators to make to them the said Henry Viney and James Tomlinson or their heirs executors and administrators a good and sufficient Deed for the said Tract or piece and parcel of Lands when their Judgement Bonds ^as aforesaid for the payment of the consideration money and all interest and expenses thereon if any shall be fully paid to me or my Executors administrators or assigns. Witness my hand and seal this tenth day of October in the Year of Our Lord one thousand eight hundred and forty four. Ayres Stockley {seal}

Witness Signed Wm Temple Wm Ringgold

And whereas the said James Tomlinson having paid unto the said Ayres Stockley one half of the consideration money named in said Obligation and letters of Administration on the estate of Henry Vining deceased having been granted in due form of law to George Morris (n) who prefered his petition as said Administrator to the Orphans Court of Kent County at the March term held at Dover AD Eighteen hundred and sixty praying an order of said Court Authorizing and empowering him to sell the lands of said Henry Viney deceased on which said petition an order was granted for the sale of said lands and whereas said lands under and by virtue of said order of the Orphans Court aforesaid were sold by the said Administrator on the twenty fifth day of August AD eighteen hundred and sixty to said James Tomlinson one of the parties to this Indenture, and return of said sale was made by said administrator to the Orphans Court aforesaid on the twenty sixth day of September AD eighteen hundred and sixty and by the said Court on the same day confirmed all of which will more fully and at Large appear by reference to the proceedings in the Orphans Court aforesaid upon the petition aforesaid And whereas on the said twenty sixth day of September AD eighteen hundred and sixty the said George Morris by the Authority aforesaid executed and delivered to the said James Tomlinson a deed conveying to him his heirs and assigns all the right title interest and estate of which the said Henry Viney was seized in his life time of in and to said land which said deed is or Record in the Office of the Recorder of Deeds at Dover in Book S. folio 56 to which reference is hereby made for a further recital of proceedings in said Orphans Court and a more accurate description of said Lands, and whereas the residue of said consideration money mentioned in the said obligation has been paid by the said administrator to the said Ayres Stockly who in fulfilment of his said agreement and covenant and for the better assuring and confirming the title of the said James Tomlinson to the Lands and  premises aforesaid executes acknowledges and delivers these presents, Now this Indenture witnessed that the said Ayres Stockley and Margaret Stockley his wife for and in consideration of the premises and for and in consideration of the further sum of one dollar to them in hand paid by the said James Tomlinson (n) at and before the sealing and delivery of these presents the receipt whereof they the said Ayres Stockley and Margaret Stockley his wife do hereby acknowledge have given granted bargained and sold aliened enfeoffed released conveyed and confirmed and by these presents do give grant bargain and sell alien enfeoff release convey and confirm unto the said James Tomlinson his heirs and assigns all their right title interest and estate of in and to all the lands and premises mentioned and described in the above recited bond or obligation situate in Kent County and State of Delaware containing fifty acres of lands the the same more or less Together with all and singular the rights liberties priveleges hereditaments and appurtenances whatsoever thereunto belonging or in any wise appertaining and the reversions and remainders rents issues and profits thereof and also all the estate right title interest property claim and demand whatsoever of them the said Ayres Stockley and Margaret Stockley his wife in law or equity or otherwise howsoever of in and to the same, To Have and to Hold the premises hereby granted or mentioned or intended so to be with the appurtenances unto the said James Tomlinson, his heirs and assigns, to the only proper use and behoof of the said James Tomlinson his heirs and assigns forever. And the said Ayres Stockley for himself his heirs executors and administrators doth Covenant promise and agree to and with the said James Tomlinson his heirs and assigns by these presents that he the said Ayres Stockley and his heirs the said above mentioned and described messuage or tenements and tract or piece of land hereditaments and premises hereby granted or mentioned or intended so to be with the appurtenances unto the said James Tomlinson his heirs and assigns against him the said Ayres Stockley and his heirs and against all and every other person or persons whomsoever lawfully claiming or to claim the same or any part or parcel thereof by from or under them or any of them shall and will warrant and forever defend by these presents. In witness whereof the said parties of the first part to these presents have hereunto set their hands and seals the day and Year first above written. A Stockley {seal}. Margaret Stockley {seal}

Signed Sealed and delivered in the presence of A. H. Stockley E. I. Golt

State of Delaware Kent County SS. Be it remembered that on this fifth day of September AD 1861 personally came before me E.I. Golt a Notary public of the state of Delaware Ayres Stockley ad Margaret Stockly his wife Parties to this Indenture Known to me personally to be such and severally acknowledged this Indenture to be their act and Deed, And the said Margret Stockley being at the same time privately examined by me apart from her husband acknowledge that she executed the said Indenture willingly without compulsion threats or fear of her husbands displeasure. Given under my hand and seal office the day and Year aforesaid. E I Golt N.P.

I received this Deed to record this 26th day of November AD 1861 Geo B Dickson R

Attest A true Copy of Original Geo B Dickson R