Submitted by Corine Taylor, (CORITAY@aol.com). DEED BOOK MARSHALL CO., VA VOL. 14, PAGES 343-345 1863 Samuel Misenhelder, etal Deed of petition This deed of petition made this sixth day of March in the year 1863 between Samuel Misenhelder and Jacob Misenhelder of the first part and Charles Misenhelder, etal Charles Misenhelder M., Amanda E Misenhelder, Rebecca A. Misenhelder, Christy N. Misenhelder and Sarah M. Misenhelder. (Infants under the age of twenty one) by Hiram McMechen, their commissioner appointed as herein after mentioned of the second part, whereas in a certain cause lately depending in the County Court of Marshall County for the partition of a tract of land of land situated on BOGGS RUN in Marshall County containing one hundred acres being the same tract of land conveyed by Benjamin McMechen by deed dated on the ___ day of _____ to Frederica and to John F., Henry, Samuel, Jacob and Mary Ann Misenhelder wherein the said Samuel and Jacob were of the first part were the complainants and the said Charles M., Amanda, Rebecca A., Christy M. and Sarah M. Misenhelder were the defendants, the said court decided at their January term 1863, that according to the report of commission made and filed in the cause of which is hereby made a part of this deed. The said parties of the second part shall have and hold as tenants in common, as this portion of the said one hundred acres of land. Lot No. 1 as described on the plat field with the said report and bounds as follows. Beginning at a double poplar on the North bank of a branch of BOGGS RUN , corner to Henry Keltz, thence down said run S. 18 1/2 W. 53 poles t a stake, thence S. 50 W. 46 poles to a stake, thence N. 27 E. 32 poles to a small chestnut oak by a rock, thence N. 24 1/2 E. 23 1/10 poles to a stake, thence S. 60 1/2 E 67 1/10 poles to a white oak, thence N. 28 1/2 E.4 1/10 poles to a small red oak , thence N. 28 3/4 W. 8 1/10 poles to a white oak, thence N. 31 E. 33 poles to a dogwood, thence N. 42 1/2 E. 38 poles to a double dogwood, thence N. 34 1/2 W. 12 poles to a stake of Henry Hertz line, thence with the same S. 72 W. 35 poles to a stake, thence S 78 1/4 W 22 poles to the beginning. Containing twenty eight acres & bounded by the lines A. B. C. D. E. F. G. H. I. J. K. L. M. N. which said boundaries contain twenty eight acres. And where as also the said court then there further decreed that the said Samuel and Jacob parties of the first part., should have an hold as their portion of the said one hundred acres of land. Lot No. 2, as described on the said plat, the said Samuel to have to hold the one fifth part thereof in his own right and the said Samuel and Jacob to have and to hold as tenants in common the remaining four fifths of the said parcel of land described as No. 2 in said report and bounded as follows. Beginning at a large red oak on the North East of BOGGS RUN THENCE S. 72 W. 8 poles to a stake on BOGGS RUN, thence down said run 56 poles to a stake, thence N. 27 E. 32 poles to a small chestnut oak by a rock, thence N. 24 1/2 E. 23 1/10 poles to a stake, thence S. 60 1/2 E. 6 7/10 poles to a white oak, thence N. 28 1/2 E. 4 1/10 poles to a small red oak, thence N. 28 3/4 W. 8 1/10 poles to a white oak, thence N. 31 E. 33 poles to dogwood, thence N. 42 1/2 E. 38 poles to a double dogwood , thence N. 34 1/4 W. 12 poles to a stake on Henry Keltz line, and with his line N. 72 E. 24 poles to a sugar tree, corner to Samuel Allen, thence S. 51 1/2 E. 39 poles to a red oak and beech, thence N. 54 1/2 E. 75 poles to a stake, no hickory found, thence S. 34 1/2 W. 209 poles to the beginning bounded by the lines P. 2 . D. E. F. G. H. I. J. K. L. M. N. O. P. which said boundaries contain seventy acres, two rods, and thirty two poles, and then and there appointed Hiram McMechen to make and deliver all necessary deeds for the infants. This deed therefore witnesseth that for in consideration of the promises aforesaid, the said Samuel and Jacob, the parties of the first part aforesaid do grant and release to the said parties of the second part and their heirs forever with special warranty all their right title and interest in and to the said Twenty Eight acres contained within the aforesaid boundaries of No. 1 on the said plat and as herein before described. (cont) DEED BOOK MARSHAL CO., VA VOL. 14, PAGES 343-345 1863 (part 2) And the said Charles M., Amanda E., Rebecca A., Christy N. and Sarah Misenhelder parties of the second part, aforesaid by Hiram McMechen commissioner appointed by the aforesaid decree, for and in consideration of the promises do grant and release to the said Samuel the one fifth part in his own right and the four fifths in Common to the said Samuel and Jacob and their heirs all the right, title and interest of them, the said parties of the second in and to the tract of land contained within the boundaries aforesaid of No. 2 containing seventy acres two rods and thirty two poles as hereunto before described with special warranty witness the following signatures and seals the day and year first above written. Samuel Misenhelder seal Jacob Misenhelder seal her Eliza (X) Misenhelder seal mark H. McMechen, Court seal seal seal seal Marion County State of Illinois viz. I William Stoker a Notary Public for said County in the state of Illinois do certify that Jacob Misenhelder and Eliza Misenhelder and Samuel Misenhelder whose names are signed to the foregoing writing bearing the date of the 6th day of March 1863 acknowledged the same before me in my county aforesaid give under my hand and notarial seal this 28th day of March AD 1863. William Stoker Seal Notary Public State of Illinois, Marion County to wit I William Stoker a Notary Public in the state of Illinois do certify that Eliza Misenhelder the wife of Jacob Misenhelder personally appeared before in the county aforesaid and being examined by me privately and apart from her husband and having the writing aforesaid fully explained to her and the said Elizabeth Misenhelder acknowledged the said writing to be her act and deed and that she had willingly executed the same and she does not wish to retract it. Given under my hand and notary seal this 28th day of March 1863. William Stoker Seal Notary Public State of Virginia, County of Marshall to wit I Thomas Morgan a justice of the peace for the county aforesaid in the state of Virginia do certify that Hiram McMechen whose names is signed to the deed hereto annexed bearing date on the sixth day of March 1863 has acknowledged the same before me in my county aforesaid. Given under my hand this 17th day of April eighteen hundred and sixty three. Thomas Morgan, J.P. Seal Virginia Clerks office, Marshall County Court, May 25th 1863 This deed of partition between Samuel Misenhelder & all and Charles M. Misenhelder and others was this day received in my office for record and being duly certified, the said deed & certification are admitted to record. Teste E. H. Caldwell, Clk