Wager; Failed Group Speculative Real Estate Purchase, 60 investors.

This Indenture made this 12th day of Feby 1844, between Robert Lucas, George Mauzy & Mary, his wife, & William J. Stephens & Elizabeth, his wife, all of the county of Jefferson in the State of Virginia, of the first part, and Gerard B. Wager, of the same county and state of the second part; Whereas on the first day of May 1840, George Mauzy, Saml Shoebridge, John Claspy, John Sleppy, John Burke, John Baylis, George Compten, Saml Trail, John Shoebridge, Harrison L Clow, Henry W Clow, James Shoebridge, John H Coke, Alfred Norees[??], Marine Krepps, Thomas Sturdy, William Copeland, Henry V Andrews, Alfred Andrews, William Bilson, William H Moore, James Claspy, William H (Decker, Lewis Gore, William L Smith, John Stahl, Thomas Laley, Jerome B Young, William J Stephens, Andrew J Wright, Thomas Mullighan, Lewis Kiser, Jocomiah Leaman, William Orme, James R Hayman, Thomas Foster, Henry Nunnemaker, Joseph Matthews, George Sargent, Dannis Snook, Henry Bird, John Arvin, Henry Krout, William W Turke, Soloman Snook, George W Duncan, Isaac Fouke, William McDaniel, Abraham Roderick, Alfred Hite, John Shackleford, John Barnett, Joseph Baylis, Bartholomew Sweetman, Eleayer Carney, & Jesse Bateman, John Marsteller, Jeremiah Fuss, Arsemer Kidwell, Saml Compton, in all sixty persons, were each of them indebted to the said Gerard B. Wager, in the sum of twenty dollars, making in the aggregate twelve hundred dollars, being for the purchase money of two pieces or parcels of land herein & after described, and being desirous to secure the payment of these said debts, they the said debtors, George Mauzy & others, did on the said first day of May 1840, make & execute, and subsequently admit to record in the Clerk’s Office of the County Court of Jefferson County, Va. (dated the same day & year) a deed of trust whereby there was conveyed to Robert Lucas aforementioned in order to secure the payment of said debts [?] two pieces or parcels of land lying and being at Harper’s Ferry in the county of Jefferson, in the state of Virginia, one being the lot designated on the map or plot of the lands of the heirs of John Wager, dec’d, as number fifty (No-50) situated on Shenandoah Street, adjoining the lands of Thomas Hughes and others, and the other being so much of the lot (situated at the same place upon the same street, adjoining said lot number fifty) designated on the same map or plot as Number fifty one, as was conveyed to said Gerard B Wager by a certain deed bearing the 8th day of Feby 1839, from N H Swayne & Sarah Ann Swayne, his wife, and now of record in the Clerk’s office of the County Court of Jefferson aforesaid. And whereas afterwards, to wit, on the day of Jany 1844, fifty eight of said debtors, all except said George Mauzy & William J Stephens having failed to pay the said sums of money due from them, respectively, to said Wager, and secured by said deed of trust, or any part thereof; he, the said Robert Lucas, having been thereto required by said Wager did, on the 10th day of Feby 1844, on the premises, sell all the right, title, interest, and claim of said fifty eight debtors, in and to the said two pieces or parcels of land, at publication, to the highest bidder, the time and place of said sale having been advertised more than one week in some newspaper published in the county of Jefferson aforesaid and the requirement of said deed of trust having been in all other respect complied with, the said Gerard B Wager, then and there became the purchaser of said fifty eight interests for the sum of twenty dollars each, making in the aggregate eleven hundred and sixty dollars, and the said Gerard B Wager having paid the said purchase money to the said Robert Lucas, at and before the sealing and delivery of these presents, the rec’t of whereof is hereby acknowledged, which purchase money was by said Rob’t Lucas applied to the pay’t and satisfaction of the debts due to said Wager from said fifty eight debtors, the rec’t whereof is hereby acknowledged by said Wager. Now therefore this indenture in [?], that for and in consideration of the premises, and for the further consideration of five dollars to the said Lucas, twenty five dollars to the said George Mauzy & Mary, his wife, and twenty five dollars to the said William J Stephens & Elizabeth, his wife, by the said Wager in hand paid at and before the sealing and delivery of these presents, the rec’t whereof is hereby acknowledged, they the said parties of the first part have granted, bargained, sold, aliened & conveyed, and by these presents do grant, bargain, sell, alien & convey unto the said Gerard B Wager, the two pieces or parcles of land before mentioned, lying & being at Harper’s Ferry, Va., situated on Shenandoah Street, to wit; the lot designated on the map or plot of the land of the heirs of John Wager, dec’d, as number fifty, and so much of the lot number fifty one, as was conveyed to said Wager by a deed bearing date the 8th day of Feb’y 1839 from N H Swayne & wife, and now of record in the Clerk’s Office of the County Court of Jefferson. To have and to hold the said two parcels of land unto the said Gerard B Wager, his heirs and assigns forever, together with all and singular the rights, improvements, appurtenances, & appendages of whatsoever kind or character thereunto belonging, and all rents, issues, and profits thereof. And the said parties of the first part, for themselves, their heirs, assigns, and adm’s do covenant & agree, that they will warrant and defend the rights & interest hereby conveyed, to the said Wager his heirs and assigns, for and against the claim or claims of all and every person claiming under them. In Testimony whereof, the said parties have hereunto set their hands and seals this the day and year first above written.