McPherson, Brien: Conveyance of Ore Bank

This Indenture made this sixth day of May 1810 Between Thomas Derne and Ludwell Lee of the County of Loudoun and the State of Virginia of the one part and John McPherson of Frederick County State of Maryland and John Brien of Washington County State of Maryland trading under the name and firm of McPherson and Brien of the other part. Witnesseth that for and in consideration of the sum of one thousand and ninety dollars current money of the United States in hand paid to the said Thomas Derne and Ludwell Lee by the said McPherson and Brien at or before the sealing and delivery of these presents the receipt whereof is hereby acknowledged, they the said Thomas Derne and Ludwell Lee have granted bargained sold released and confirmed and by these presents do grant bargain sell release and confirm unto the said John McPherson and John Brien a certain piece parcel or tract of land situate lying and being on the Potomac River in the County of Jefferson aforesaid containing fifty four acres and two roods and including part of the ore Bank now occupied dug and used by said McPherson and Brien, being part of a survey lately made by William McPherson surveyor of Jefferson County comprehending seventy two acres and three roods by the folling butts and bounds to wit: Beginning Hickory corner to a lot of 58 acres 3 roods and 29 poles of land lately purchased by Adam Moler from said Derne and Lee, thence S 1 2/2 E 90 poles thence S 32 W 12 4/10 poles to a corner of a lot of 50 acres of land lately purchased by Joseph McMurran from said Derne and Lee, thence with said McMurran lot traversing the course S 54 1/2 E 100 5/10 poles to Potomac River thence up the same S 11 1/2 E 24 poles thence N 1 3/4 E 90 poles thence N 4 W 58 poles to the corner of Adam Moler lot aforesaid, thence with the same reversing the course S 82 W 82 4/10 poles to the beginning; which said part of said survey now intended to be conveyed is that part thereof which remains after deducting and taking there from that part which the said McPherson and Brien now held under a conveyance from Alexander Henderson and others to them duly recorded amonst the records of the late district court of Winchester, and was recovered by Alexander Henderson in an action of judgement lately decided in the said District Court of Winchester between said Alexander Henderson’s lessee plaintiff and Henry Lee Defendant, as by a reference to the records of said Court will appear. And all the mofits, commodities, hereditaments and appurtenances whatsoever in any manner thereto belonging or appertaining and also all the estate right title interest use trust property claim and demand whatsoever of the said Thomas Derne and Ludwell Lee of in and to the said bargained sold and released premises. To have and to hold the bargained sold and released premises unto the said John McPherson and John Brien their heirs and assigns, to the only proper use and behoof of the said John McPherson and John Brien their heirs and assigns forever as tenants in common. And the said Ludwell Lee for himself his heirs executors and administrators doth covenant promise and grant to and with the said John McPherson and John Brien their heirs executors and administrators that the said Ludwell Lee will obtain and procure for the said John McPherson and John Brien their heirs or assigns from Mary Anne Lee and Eliza Armistead Lee daughters of said Ludwell Lee as they shall severally arrive at lawful age a release and confirmation in fee simple of all their right title interest and use which they now have of in and to the bargained and sold premises, and that the said John McPherson and John Brien the heirs and assigns shall forever here after hold and possess the bargained and sold premises free and clear from all former and other gifts, grants, bargains sales dower right and title of dower, judgements executions titles troubles changes and incumberances whatsoever made done committed or suffered by any person or persons whatsoever. The land tax imposed by law excepted and foreprised, and except a right which the United States now have heretofore derived, from Henry Lee.

To the Iron ore on and in said bargained and sold premises and except also the right of said United States to dig Iron ore on said premises and to remove the same provided the earth dug shall be laid level and also the free and absolute use of roads for said United States through the same, and wharves on the River for the purpose of moving the ore, and except also one half acre of land adjoining the said river for the use of the said United States and to be selected by them, together with all the rights, privlidges and advantages nesessary for the digging, raising, and removing the said ore. And lastly that the said Ludwell Lee and is hiers all and singular the bargained and sold premises (except as above excepted) hereby sold and released with the appurtenances unto the said John McPherson and John Brien their heirs and assigns against him the said Ludwell Lee his heirs and assigns and all and every other person and persons whatsoever shall forever warrent and defend by these presents. In witness whereof the said Thomas Derne and Ludwell Lee have hereunto set their hands and seals, the day and year first aforesaid.

Thomas Darne, Jr (seal)
Ludwell Lee (seal)