Appendix G
Selected Land Documents
[25 January 1820]
This Indenture made on the twenty fifth day of January one thousand eight hundred and twenty between John M Perry and Frances his wife of the county of Albemarle on the one part, and Arthur S Brockenbrough Proctor of the University of Virginia acting in trust for the said University, on the other part Witnesseth, that the said John & Frances in consideration of the sum of Seven thousand two hundred and thirty one Dollars eighty cents to them in hand paid the reciept whereof is hereby acknowledged, do hereby bargain and sell, to the said Arthur, one parcel of land in the said county of Albemarle, containing by a survey made by William Woods, surveyor of Albemarle county forty eight and three fourths acres, and bounded as follows, towit, begining at a stake corner to the tract of forty three and three quarters acres heretofore conveyed by the said John & Frances to the late Central College thence up and along Wheelers road as it meanders sixty eight poles to a stake, thence north five degrees West forty four poles to a stake, thence north thirteen degrees East one hundred and thirty seven poles to a stake on the three notched road thence down said road, as it meanders sixty and one half poles to a pine & stake, another corner of said tract of forty three & three quarter acres, thence South ten and a half degrees West twenty two poles to a stone pile and persimmontree, thence South three degrees east thirty six poles to a stake, thence South nineteen degrees West twenty nine poles to a stone pile, thence South thirty degrees East thirty five poles to the begining, To have and to hold the said parcel of Land with its appurtenancies to him the said Arthur and his Successors Proctors of the said University of Virginia to and for the use of the said University for ever, and the said John M Perry and Frances his wife for themselves, their heirs executors and administrators, the said forty eight and three fourths acres with its appurtenancies, to the said Arthur, and his successors proctors of the said University of Virginia and for the use of the said University do covenant that they will warrant and do warrant and will forever defend Witness the hands and names of the said John, and Frances, and their seals hereto set on the day and year, within named.
Signed, Sealed, and delivered John M. Perry (seal)
In presence of
Matthew W Maury Frances T Perry (seal)
Charles Stewart
Hugh Chisholm
Albemarle County towit We Wm. Woods and Charles Brown Justices of the peace in the county aforesaid in the State of Virginia, do hereby certify that Frances Perry the wife of John M Perry, parties to a certain deed for the conveyance of real estate to Arthur S Brockenbrough Proctor of the University of Virginia bearing date the twenty fifth day of January 1820 and hereto annexed, personally appeared before us in our county, aforesaid, and being examined by us privily and apart from her husband, and haveing the deed aforesaid fully explained to her she the said Frances Perry acknowledged the same to be her act and deed, and declared that she had willingly signed, sealed and delivered the same, and that she wished not to retract it Given under our hands and seals this 28th. day of March 1820.
Wm. Woods (seal)
Charles Brown (seal)
AD, in Alexander Garrett's writing, ViU:PP, 2p, with docket in the writing of Alexander and Ira Garrett, "Deed Perry & wife to University of Virginia 10 June 1820 ackd. relinqd dower rcd. & admitted to record in my office I Garrett DC Recorded Page 170." A statement of Albemarle County Court Deputy Clerk Ira Garrett on the coversheet reads: "In the Office of the County Court of Albemarle the 10th day of June 1820 This Indenture was produced to me in said Office and acknowledged by John M Perry party thereto and thereupon the same together with the Certificate of the relinquishment of Dower of Mrs. Frances Perry Wife of said John M Perry was admitted to record. Teste Ira Garrett D.C." Brockenbrough added this note to the document in 1824: "Memorandum, At the request of Capt John M Perry, A. S. Brockenbrough Proctor consented that Wheelers road mentioned in the first part of this deed, should be changed from below to above the spring accordingly in the year 1821 or 1822 commissioners were appointed to view and report upon it, they accordingly did so & the road was changed runing in now upon the University land & cutting off small triangular slips which said proctor intended exchanging with said Perry for other land of same value, but finding there is difficulty in making a conveyance, it (the slips cut off) is still the property of the University of Va. the old road being the Line A. S Brockenbrough P. U.Va. June 7th 1824."
[9 April 1824]
articles of agreement made & entered into between Mary garner of the one part & Arthur S. Brockenbrough proctor of the university of virginia of the other part. witnesseth,
that the Said Mary Garner hath this day Sold to the Said Brockenbrough proctor of the university or his Successor in office all her right & title & Interest which she Now holds in a Certain parcel of land lying on the three Chopted road opposite the university of Virginia & bounded as followeth to wit begining at John Gormans house from thence a straight line four feet north of a small white oak Sapling opposite the plank Kiln at the university untill it intersetes with the three Choped road a little beyond the western street of the university thence down the three Choped road to the Corner of sd. Gormans house to the begining. for & in Consideration of the land aforesaid the sd. Brockenbrough proctor of the university binds himself & his successor in office to pay the sd. Mary Garner the Sum of fifty dollars. Given under our hands & Seals this 9th. of april 1824
Teste Mary Garner (Seal)
John M. Perry A S Brockenbrough (Seal)
Approved Proctor of UVa
Th: Jefferson
DS, in John M. Perry's writing, ViU:PP, 1p [2068] with ASB docket "Contract Mary Garner with Proctor of the U.Va April 9 1824."
[9 April 1824]
articles of agreement between Daniel Piper & Frances his wife of the one part & Arthur S. Brockenbrough proctor of the university of virginia--witnesseth, that the Said Daniel & frances his wife hath this day Sold to the sd. proctor of the university of virginia & his successor in office--a Certain peace of land lying on the three notched road opposite the sd. university--in the County of Albemarle--bounded as followeth to wit beging at John Gormans & runing a straight line from sd. Gormans four feet north of a small white oak Sapling opposite the plank Kiln at the university untill it intersects or emtys into the thre Chopt road a litle beyond the western Street of the university & there down the road to the begining at sd. Gormans for & in consideration of the lot of land aforesaid the sd. Brockenbrough proctor of the university binds himself & his Successor in office to pay the sd. Daniel Piper & frances his wife the Sum of one hundred and fifty dollars Current money of virginia when the sd. Daniel Piper & Frances his wife bind themselves their heirs &Ca to Convey to the sd. Brockenbrough & his Successor in office all the right & title to the land aforesaid which they possess--given under our hands & Seals this 9th. of april 1824--
attest-- Daniel A Piper (Seal)
John M Perry Mary A. F. Piper (Seal)
Approved (Seal)
Th: Jefferson
DS, in John M. Perry's writing, ViU:PP, 1p [2069] with ASB docket "Contract D. A. Piper & Wife with Proct: of the UVa April 9. 1824."
[22 September 1824]
Articles of agreement made & entered into this 22d. of September 1824 between Arthur S. Brockenbrough proctor of the university of the one part & Daniel A. Piper & Frances his wife of the other part witnesseth--that the Said Daniel & Frances his Wife hath contracted with the Said Brockenbrough for the Sale of a parcel of land lying & being in the County of Albemarle Near the university of virginia & bounded as followeth beginning at the west Corner between the university & the said Piper thence a straight line untill it gets opisite the estern street of the university. to a corner and at the distance of fifty five yards from the present line between the university and the said Piper. thence a straight line to John Gorman's thence runing with the line between the university & the said piper to the beginning upon the following terms & Conditions to wit. the said Brockenbrough for & in be half of the university of Virginia agrees to pay the Said Daniel A. Piper & Frances his wife the sum of one hundred & five dollars per acre for all the land Contained in the above boundry, when the Daniel & Frances bind them selves their heirs & assigns to Convey to the sd. Brockenbrough proctor of the university of virginia or his successor in office a good & sufficent deed to the land aforesaid--it is understood betwen the Contracting parties that the public road is to run on the line next to the remaing part of the land belonging to the sd. Piper & Frances his wife so that the front lots belonging to them shall be on the public road given under our hands & seals the date above written
Witness D A Piper (Seal)
John M Perry Mary A. F. Piper (Seal)
DS, in John M. Perry's writing, ViU:PP, 1p, with ASB docket "Contract D. A. Piper with Proctor of the U.Va 1824 22 Sept." For the consummation of this agreement, see the Pipers' contract and deed of 8 October.
[8 October 1824]
Arthur S Brockenbrough Proctor acting for and in behalf of the University of Va on the one part and Daniel A Piper & Mary A. F. his Wife on the other part, Witnesseth--that Daniel A. & Mary A. F. his wife having made a deed on this 8th day of October 1824 to the said Arthur S as proctor of the University of Va for a small parcel of Land adjacent to the lands of the University of Va containing four acres & four hundredth parts of an acre, for which the said Daniel A & Mary his Wife is to be paid the sum of four hundred & twenty four dollars & twenty cents and by covenant in the said deed the said proctor is to consent (if the legal Authorities shall so determine & order) that the present road shall be discontinued, and shall be established along the line now described as the future boundary between the lands of the University & the remaining lands of Daniel A & Mary his Wife & that the said proctor will admit a breadth of thirty feet within and adjacent to the said lines on the south side thereof to be occupied & established as the bed of the public road--the aforesaid parties farther agree if the legal Authorities will not agree to the aforesaid alteration in the road, then the deed for the aforesaid parcel of Land shall be void provided the said Daniel A & Mary A. F. his Wife will repay to the said Arthur S, or his successor the aforesaid four hundred & twenty four dollars 20/100 cents with interest from the above date untill paid--Witness our hands & seals this day & year before written
Witness Arthur S Brockenbrough (Seal)
Ira Garrett Daniel A Piper (Seal)
DS, in ASB's writing, ViU:PP, 1p, with ASB docket "Contract A. S Brockenbro' Proct: & D. A. Piper 8 Oct 1824."
[8-9 October 1824]
This indenture made on the 8th day of October One thousand eight hundred & twenty four between Daniel A Piper and Mary A. F. his wife on the one part and Arthur S Brockenbrough, Proctor of the University of Virginia and acting on behalf of the said University on the other part all the County of Albemarle Witnesseth that the said Daniel A & Mary A. F. his Wife in consideration of the sum of four hundred and twenty four dollars twenty cents to them paid and secured, have given, granted, bargained & sold to the said Arthur S as Proctor of the said University and in trust and for the use thereof a certain parcel of land in the same county adjacent to the lands of the said University and particularly to the parcel thereof lately sold and conveyed by a nother deed to the said proctor for the use of the University by the said Daniel A and Mary A. F. his wife, which parcel now conveyed is bounded as follows to wit, Begining at a stake on the North side of the Public road leading from Charlottesville to Rockfish gap and in a right line with the West side of West street four hundred & sixty two feet from a stake in a line with the north front of Hotel AA on said West Street thence runing S 68½ E 54 poles and 8 links to a stake in the field opposite the Eastern street and exactly in a line with the east fronts of the Hotels on the said East street and four hundred & Sixty two feet from the Hotel A on said street, thence S 35 E 42 poles & 5 links to the said public road, and thence in a direct line to the begining, which parcel of land so now bargained, sold and conveyed contains by estimate four Acres and four hundredth parts of an acre be the same more or less to have and to hold the said parcel of land to him the said Arthur S and his successors in office, Proctors of the said University, for the use of the said University for ever. And the said Daniel A and Mary A. F. his wife and their heirs the said parcel of land to the said Arthur S. and his successors as proctors of the said University will forever warrant and defend. But it is covenanted by the said Arthur S for himself and his successors, proctors of the said University that he the said Arthur S and his successors for an in the name of the said University will consent (if the legal authorities shall so determine and order) that the said public road shall be discontinued in it's present location and shall be established along the line now described as to be the future line between the lands of the University and the remaining lands of the said Daniel A and Mary A. F his Wife and that he the said proctor will admit a breadth of 30 feet within and adjacent to the said lines on the south side thereof and along their whole length, to be occupied and established as the bed of the public road; which said covenant is expressly declared to be a part of the consideration (and in addition to that of the money paid) for the grant of this parcel of land, by the said Daniel A and Mary his wife and that it is that special part of the consideration without which this grant would never have been made. In witness whereof the said Daniel A & Mary A. F. his wife have hereto severally set their hands & seals on the day & year before written
Signed & sealed & Daniel A. Piper (Seal)
delivered in the presence of Mary A. F. Piper (Seal)
Albemarle County, To:
We Opie Norris and Allen Dawson, Justices of the peace in the County aforesaid, in the State of Virginia, do hereby certify that Mary A. F. Piper, the wife of Daniel A Piper, parties to the annexed Deed, personally appeared before us in our said County and being by us examined privily and apart from her husband, and having the said Deed fully explained to her, she the said Mary A. F. Piper acknowledged the same to be her act and deed, and declared she had willingly Signed Sealed & delivered the same, and that she wished not to retract it. Given under our hands and Seals the eighth day of October, eighteen hundred & twentyfour.
O: Norris ( )
Allen Dawson ( )
In Albemarle County Court Office the 9th. day of October 1824
This Indenture was acknowledged before me in the Office aforesaid by Daniel A Piper party thereto & thereupon the same (together with the relinquishment of Dower of Mrs. Piper) was admitted to record
Teste Ira Garrett D.C
DS, in the writing of ASB, Allen Dawson, and Ira Garrett, ViU:PP, 4p, with ASB docket "Piper & wife To Proctor of University of Virginia Deed." Beneath Brockenbrough's docket the clerk wrote: "9th. Octo 1824 ackd before me in the Clerks office by Danl. A Piper relinqh recd & admitted to record I Garrett DC. Recorded Page 420."
[9 May 1825]
This Indenture made and entered into this ninth day of May in the year One thousand eight hundred and twenty five. Between John M Perry and Frances T his wife of the County of Albemarle of the one part and Arthur S Brockenbrough Proctor of the University of Virginia of the other part: Witnesseth that the said John M Perry and Frances T his wife for and in Consideration of the sum of Six thousand six hundred(842) dollars ninety three Cents Current money of Virginia to them in hand paid before the Sealing and delivery of these presents, the receipt whereof is hereby Acknowledged, they the said John M Perry and Frances T his wife have given, granted, bargained & Sold and by these presents do give grant bargain and sell unto the said Arthur S Brockenbrough acting for and in behalf of the University of Virginia and to his successor's in office of Proctor for the benefit of the said University of Virginia, One Certain tract or parcel of Land lying and being in the said County of Albemarle, and adjoining the Lands of the said University, the Lands of John M Perry and Thomas W Maury, and Containing by Survey One hundred and thirty two Acres and three poles and bounded as towit: Begining at a Stone on Wheelers road thence North 3¾° West 31½ poles to a Stone thence North 15° East 48 poles to a stone thence North 75° West 95 poles to a white oak thence South 73° West 29 poles to pointers thence West 14 poles to a rock on a branch thence North 69° West 109 poles to a white oak thence South 50° West 20 poles to a chesnut oak on a mountain thence South 22° East 7½ poles to pointers thence South 5° West 26 poles to pointers thence South 30° West 24 poles to a red oak thence South 10° West 24 poles to pointers on a mountain thence North 75° East 92 poles to pointers thence South 31° East 32 poles to a spannish oak thence South 17° East 52 poles to a pine on the mountain road thence North 87½° East 135 poles to the Begining:--To Have and to Hold the said tract of Land with its appurtinances unto him the said Arthur S. Brockenbrough and his successors in office of Proctor of the University of Virginia, forever free from the Claim or Claims of all and every person or persons whatsoever. And the said John M Perry and Frances T his wife for themselves their heirs executors and administrators do hereby Covenant and agree to and with the said Arthur S Brockenbrough Proctor as aforesaid and his successors in Office to forever warrant and defend a good & Sufficient right and title in fee simple to the said Tract of Land and its Appurtinances against the claim of themselves, and all and every person or persons whatsoever, shall, will, and do warrant and forever defend by these presents.--In Testimony whereof the said John M Perry and Frances T his wife have hereunto set their hands and affixed their seals the day and year first Within written.
Th J Randolph John M Perry (seal)
Lewis Randolph Frances T Perry (seal)
Nicho. P W: Trist
Albemarle County Court towit
We John R Jones & Opie Norris Justices of the peace in the County aforesaid in the State of Virginia do hereby Certify that Frances T Perry the wife of John M Perry parties to a Certain deed bearing date the Ninth day of May in the year 1825 and hereunto annexed personally appeared before us in our County aforesaid, and being examined by us privily and apart from her husband, and haveing the deed aforesaid fully explained to her she the said Frances T acknowledged the same to be her Act and deed, and declared that she had willingly signed sealed and delivered the same, and that she wished not to retract it. Given under our hands and seals this 12th day of May 1825
Jno. R. Jones (seal)
O Norris (Seal)
DS, in Ira Garrett's writing, ViU:PP, 3p, with heading "Deed Perry & wife to Proctor. University Va." and docket "17 June 1825 ackd before me in cks office by Jno M Perry relinqt recd. & admitted to record I Garrett DC Recorded Page 257." Garrett also wrote on the deed: "In Albermarle County Court Office the 17th June 1825 This Indenture was presented to me in said Office & acknowledged by John M Perry Party thereto & thereupon the same together with the Relingt of Dower of Mrs Frances T Perry was admitted to record Teste Ira Garrett DC." The names of Jones and Norris and the date "12th" were inserted in the text by Jones or Norris.
[1-14 December 1825]
This indenture made on the first day of December One thousand eight hundred and twenty five, between Arthur S Brockenbrough, Proctor of the University of Virginia in the county of Albemarle on the one part and Thomas Jefferson, Rector and James Madison, James Breckenridge Chapman Johnson, Joseph C Cabell, John Hartwell Cocke and George Loyall Visitors of the Said University on the other part witnesseth that
Whereas John M Perry and Frances T. his wife of the same county of Albemarle, by deed of bargain and sale bearing date the 25th. day of January 1820. duly proved and recorded, did convey to the said Arthur S and his successors, Proctors of the said University, in trust for the University, and in consideration of the sum of 7231. Dollars 80 cents of the Money of the University to them in hand paid, a certain parcel of land in the same county contaning 48 acres 120 poles, and the dwelling houses and appertenances thereon, extending from the public road which leads from Charlottesville to Staunton, on the one side to Wheelers road on the other, and adjacent to a parcel of 50 Acres conveyed before that date by the Proctor of the Central college, to the President and Directors of the literary fund, and accepted by the legislature for the use of the said University.
And the sd John M Perry and Frances T. his wife, by one other deed of bargain and sale, bearing date the 9th. day of May 1825 duly proved and recorded did also convey to the said Arthur S. and his successors Proctors of the said University and in trust for the said University in consideration of the sum of 6,600 Dollars 93 cents of the money of the said University, to them in hand paid, one other parcel of land in the same county, containing 132 acres 3 poles adjacent to the parcel of 48 acres 120 poles last mentioned on the one side, and to another parcel of 153 acres on the other side, conveyed in the same deed with the said 48 acres 120 poles, by the Proctor of the sd central college to the President & directors of the Literary fund and accepted by the Legislature for the use of the said University.(843)
And a certain Daniel A Piper and Mary A. F. his wife of the same county, by a deed of bargain & sale, bearing date April 9th 1824 duly proved & recorded did convey to the sd Arthur S and his Successors, Proctors of the said University in trust for the sd University, and in consideration of the sum of 150 Dollars, of the money of the University to them in hand paid, a certain parcel of land containing four acres 80 poles in the same county and adjacent to the parcel of 50 acres before mentioned on the North side.
And the same Daniel A Piper and Mary A F. his wife by one other deed of Bargain & sale, bearing date the 8th of October of the same year 1824 duly proved & recorded, did convey to the said Arthur S and his successors Proctors of the University and in trust for the sd University, and in consideration of the sum of 424 Dollars 20 cents of the money of the University to them in hand paid, one other parcel of Land containing 4 acres 6 and 4/10 poles in the same county and adjacent to the 4 acres 80 poles before conveyed by them as aforesaid on the north side, both of which said parcels of land last mentioned, corners on an acre lot of Lewis or Garners lying above Gormans corner and is connected with the 50 acre parcel conveyed before that date by the Proctor of central college, to the President & Directors of the literary fund and ac[c]epted by the legislature for the use of the University.(844)
Which four parcels of land so conveyed by these premisses and containing 189 Acres 494/10 poles, together with the three other parcels adjacent derived as aforesaid from the central college and containing 203 acres, constitute an entire parcel of three hundred and ninety two acres forty nine poles the property of the University and are comprehended in the following contour of Metes & bounds, to wit
Beginning at the fork of the Staunton and Wheelers roads, and running up & with the said Staunton road to Dinsmores now Gormans corner 42 poles thence up and along the said Staunton road as it now runs to the upper corner of Lewiss or Garners acre lot, therein N. 35 W. 422/10 poles, N. 68½ W 54. 32 poles and further up and along the said Staunton road to a stone marked U.V. on the line between J. M Perry & the University, thence South 15. W 137 Poles to a stone N 75. W 95 po: S 73 W 29 Po: W. 14. Po: to a rock in a branch, N 69. W. 109. po: S. 50 W 20. po. to a chesnut oak, S 48 W. 37 Po: to a chesnut oak, N. 58 W 20. po: S. 29 W. 38 poles. S 14. E. 66. po. S 29 E. 41. po. to a White oak. S. 18. W. 45 po. S. 20 W. 20. po: S. 25 W. 10. Po: S 35 W. 54 po: to a White oak on Wheelers road aforesaid, thence down the sd road 118 poles to pointers near a branch N 8. E 17 Po. to a maple N 19 E. 44½ po. to a chesnut oak N 75 E. 48 Poles to pointers on the Mountain road, thence along said road 48 poles N 87½ E 135 po: to a stone Marked U.V. on Wheelers road, thence S 3¾ E 10. 84 po. to a stone in a branch below Perrys spring and in the old road S. 87½ E 12. Poles N 77. E 33½ po along the old road, thnce down and along Wheelers road to the beginning.
Now therefore be it known that the said Arthur S Brockenbrough Proctor and trustee of the sd University as aforesaid, in consideration of his duty in executing the said several trusts in him so reposed, and of the sum of one Dollar to him in hand paid by the Sd Rector and Visitors of the Sd University of Virginia, hath given, granted, bargained and sold to them and their successors Rectors & Visitors of the University, all the said several parcels of land so conveyed to him as aforesd by the sd John M Perry and Frances his wife and Daniel A Piper & Mary A F. his wife, to have & to hold the said several parcels of land with their appertenances to them the said Rector & Visitors and their successors to & for the use of the said University for ever, in witness whereof the said Arthur S. hath hereto set his hand & seal on the day & year first above written.
signed, sealed & delivered
in Presence of Arthur S Brockenbrough
In Albemarle County Court Office the 14th December 1825
This Indenture was presented to me in said Office & acknowledge by Arthur S Brockenbrough Party thereto & admitted to record
Teste Ira Garrett DC
ADS, Albemarle County Court House: Virginia Land Title Papers, with ASB docket "Deed A. S. Brockenbrough, Proctor to Rector & Visitors of the U. Va."; Dft, in TJ's writing, ViU:PP, 3p [2270]; Dft (fragment), in TJ's writing, ViU:TJ [Acc. 7254-b]. Both drafts are undated. The Albermarle County deputy clerk docketed the deed "14. Decr 1825 ackd before Me & admitted to record I Garrett DC Recorded Page 376."