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Deed Book 10, Page 249 Russell County Courthouse, Lebanon, Virginia

This indenture made this fifteenth day of January in the year of our Lord one thousand eight hundred and thirty eight between Edward Fulton & Andrew S. Fulton executors of John H. Fulton dec'd of the County of Washington and state of Virginia of the one part and David Phelps of the County of Russell and state aforesaid of the other part. Witnesseth, that the said Edward & Andrew S. Fulton Executors as aforesaid for and in consideration of the sum of Eighty Dollars current money of the United States to them in hand paid, the receipt whereof is hereby acknowledged, do grant, bargain and sell unto the said David Phelps a certain tract or parcel of land, laying and being in the County of Russell on the north side of Clinch Mountain on the crane fork of Mocqueson Creek containing by estimation Eight six acres be the same more or less and bounded as follows, to wit. Beginning at a red oak and dogwood on the east side of a Ridge N50E66 poles to three white oaks near the top of a ridge N61E74 poles crossing the mouth of a hollow to a white oak on the top of a ridge S50E70 poles to two large chestnuts near the top of said Ridge N70E30 poles crossing a hollow to three sugar trees on the top of the dividing ridge at the County line, thence along the top S13E18 poles to a white oak & red oak S30E15 poles to two ash trees S22E20 poles to two sugar trees, thence leaving the County line S30W63 poles crossing a hollow to two sugar trees & a mulberry a corner to said Phelps patent land, thence with a line of the same N85W125 poles to a black oak S79W38 poles to a walnut & cucumber thence leaving the lines thereof N28E34 poles to the Beginning, being part of the McClung patent land, with all the appurtenances. To have and to hold the said tract or parcel of land with all the appurtenances unto the said David Phelps and his heirs to the sole use and behoof of him the said David Phelps and his heirs forever. And the said Edward & Andrew S. Fulton Executors of John H. Fulton for themselves and their heirs do covenant with the said David Phelps and his heirs, that they the said Edward & Andrew S. Fulton Executors as aforesaid and their heirs, the said tract or parcel of land with all the appurtenances unto the said David Phelps and his heirs against the claims of all persons whomsoever, shall Warrant and will forever defend. In witness whereof the said Edward & Andrew S. Fulton Executors of John H. Fulton dec'd have hereunto subscribed their names, and affixed their seals, the day and year first above written.

Signed, sealed and delivered Edward Fulton In presence of And. J. Fulton Executors of John H. Fulton, dec'd

Virginia Washington County, to wit. We James W. Paxton and Andrew Gibson Justices of the Peace in the County of Washington and state of Virginia aforesaid do hereby certify that Edward Fulton and Andrew J. Fulton Executors of John H. Fulton dec'd parties to a certain deed bearing date on the 15th day of January 1838 and hereto annexed, personally appeared before us in our County aforesaid and acknowledged the same to be their act and deed and desired us to certify their said acknowledgement to the Clerk of the County Court of Russell County, in order that the said deed may be recorded. Given under our hands and seals this 15th day of January 1838 J. W. Paxton Andrew Gibson

This indenture of bargain and sale from Edward Fulton and Andrew S. Fulton Executors of John H. Fulton deceased to David Phelps certified to have been acknowledged before two Justices of the peace was produced to me in the Clerks office of Russell County on the 6th day of February 1838 and admitted to record.

James P. Carroll, C. R. C.

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