Rigney Deeds from Floyd Co., VA 1839, 1844 and 1847 - Deed between Bejamin Howell,David and Andrew Rigney;Deed between Andrew,Elijah and Henley Rigney;Deed between J.N.Zentmeyer and David Kitterman with reference to Andrew, David Rigney & Benjamin Howell - Personal - http://maxpages.com/generations/Rigney_Deeds_Floyd_Co

Deed between Bejamin Howell,David and Andrew Rigney;Deed between Andrew,Elijah and Henley Rigney;Deed between J.N.Zentmeyer and David Kitterman with reference to Andrew, David Rigney & Benjamin Howell

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The Information on the Floyd Co., VA Deeds was provided by Dusty Smith. All notes are from Dusty and if anyone would like any further information on Isham, please see the links page for Dusty's email address.

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RIGNEY HOWELL DEED

This indenture made the 3rd day of July in the year our Lord `839 between BENJAMIN HOWELL, County of Floyd in State of Virginia of the one part, and DAVID and ANDREW RIGNEY of the same place of the other part, witnesseth that the said BENJAMIN HOWELL for and in consideration of the sum of $9.00 to him in hand(?) paid by the said DAVID and ANDREW RIGNEY, the receipt thereof he doth hereby acknowledge has bargained and sold and by these presents do grant, bargain and sell a certain tract on boundary of land containing twenty five acres by survey, be the ----- (illegible) more or less lying and being in the County of FLoyd on the head of the Falling Branch adjoining the land formerly belonging to MARY BOWLS and others. Beginning at a chestnut-etc. etc. etc. To have and to hold the above said land and premises with all its appurtenances thereunto belonging or in any ---- ----- (two words illegible) to said DAVID and ANDREW RIGNEY, their heirs and assigns forever and that said BENJAMIN HOWELL, his heirs and assigns shall and will warrant and forever defend (?) a good and lawful right and title to the foresaid tract of land to the said DAVID and ANDREW RIGNEY, their heirs and assigns against the claim of himself and his heirs and assigns and as against the claim of all person or persons whatever. In witnesseth whereof the said BENJAMIN HOWELL has hereunto set his hand and seal this day and date above written.

Signed
BENJAMIN HOWELL

In the Clerks Office of Floyd County, the 10th of August 1839. This deed of conveyance from BENJAMIN HOWELL to DAVID AND ANDREW RIGNEY was acknowledged by the said HOWELL and admitted to record.

Teste M. Sandifur DC
DEED BOOK B
PAGE 294

1.) ANDREW and DAVID, brothers enter into a deed with what is believed to be their Mothers Uncle... BENJAMINE HOWELL.

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Deed Book D
Page 19

RIGNEY
From - Trust Deed
RIGNEY

This indenture made this 17th day of August 1844 between ANDREW RIGNEY of the County of Floyd and State of Virginia of the one part and HENLEY RIGNEY of the second part and ELIJAH RIGNEY of the 3rd part accomplish (?sp) that whereas the said ANDREW RIGNEY is justly indebted to the said HENLEY RIGNEY in the sum of $50.00 due by account which dates (states?) he is willing and anxious to secure the said HENLEY RIGNEY. Now, therefore, this indenture witnesseth (?) that the said ANDREW RIGNEY for and in consideration of the promises and for the further consideration of the sum of one dollar to him paid by the said ELIJAH RIGNEY the receipt whereof is hereby acknowledged, hath both bargained and sold and by these presents doth bargain sell and convey unto the said ELIJAH RIGNEY the following land or parcel of land beginning and being in this county of Floyd on the head of FALLING BRANCH containing by estimate 25 acres of land more or less and adjoining the lands of the HELMS heirs and MOLLY BOWLS and bounded as follows to wit: Beginning at a chestnut a corner into MOLLY BOWLS thence with the line S72 E88 poles to a Black Oak Chestnut Oak and corner to the land formerly belonging to JOHN CARTER. Thence leaving the former and running north the latter N20 E84 poles to a Chestnut Oak and Locust in said line. Thence leaving N14 W72 poles to a Spanish Oak S2 W32 poles to a White Oak and Chestnut a corner to land of HELMS heirs thence N32 49 poles ------ -(illegible) a branch to a Chestnut Oak N84 W50 poles to a White Oak in a line of BENJAMIN HOWELLS land then with the same S5 E25 poles to the beginning together with all and singular the appurtenances thereto belonging to the said trust or parcel of land, to have and to hold the same to him the said ELIJAH RIGNEY his heirs to the only proper use and behalf (behoof?) of him the said ELIJAH RIGNEY his heirs and assigns forever, and the said ANDREW RIGNEY for himself and his heirs doth covenant promise and agree to and with the said ELIJAH RIGNEY and his heirs ---(illegible) that he the said ANDREW RIGNEY the said tract or parcel of land to the said ELIJAH RIGNEY his heirs and assigns against the claiming or claims of him the said ANDREW RIGNEY his heirs assigns and all other persons whomsoever shall and will by these presents warrant and define. Upon trust nevertheless that if the said ANDREW RIGNEY his heirs or assigns shall on or herefore the 17th day of August 1846 well and truly pay to the said HENLEY RIGNEY the aforesaid sum of $50.00 with interest thereon from the date hereof and the cost attending the execution of this trust then this indenture and every thing herein contained shall be null and void. But if on the aforesaid 17 day of August 1846 the said sum of money in any parts thereof or the costs attending the execution of this trust shall be and remain unpaid, then in and in that case it shall and may be lawful for the said ELIJAH RIGNEY to dispose (?sp) to sale by public auction for ready money at Floyd Courthouse having first given public notice in writing put up at the principle door of Floyd Courthouse at least 20 days previous thereto and out of the proceeds of said sale first pay the costs attending the execution of this trust and next pay the aforesaid sum of $50.00 together with the interest that may be due thereon, and lastly pay the remainder of any to the said ELIJAH RIGNEY or his legal representatives and it is agreed between the said parties that the said ANDREW RIGNEY is to remain in ____ (quit?-illegible) possesion of the said land until default be made. In witness whereof the parties to these presents have been hereunto set their hands and affixed their seals the day and year before mentioned. In the clerks office of the Floyd County Courth 17th August 1844. This deed of trust from ANDREW RIGNEY to ELIJAH RIGNEY trustee for the benefit of HENLEY RIGNEY was acknowledged by all parties and admitted to records. Teste J.ZENTMEYER
Signed by ANDREW RIGNEY, (mark), ELIJAH RIGNEY, HENLEY RIGNEY

On the side of the document is noted:
Received of ANDREW RIGNEY $50.00, the full amount of the debt specified in the -------(illegible) trust deed and the same being now fully paid. I hereby declare the said deed null and void as specified in the said deed and do hereby relinquish and renounce all claim to the land and all benefit that might result or be claimed and by so deed given under my hand this 25 day of September 1844. Signed w/signature of HENLEY RIGNEY

This deed was reviewed for me by a researcher for an explanation of it's terms. They are:
1844 Floyd County
It is, indeed, a deed of trust. Today we would call it a mortgage. ANDREW borrowed $50.00 from HENLEY. He had to offer security that the debt would be paid by a certain time. Therefore, he made a conditional deed for his tract of land to ELIJAH as security for the debt. ELIJAH was to hold the land "in trust". If Andrew paid HENLEY on time, the deed would be void. If, however, he was not able to pay HENLEY on time, then ELIJAH had authority to sell the land at a public auction for whatever amounty he could get for it, then pay HENLEY from the proceeds of the sale (and give the remainder of the money, if any, to ANDREW)
ANDREW paid HENLEY on time, so the deed was made void.

This deed is significant, I think, in that ANDREW, ELIJAH, and HENLEY are all on the same deed. Perhaps indicating a relationship between the 3 of them.

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DEED BOOK D
Page 394
KITTERMAN FROM ZENTMEYER
DEED TRUSTEE

This indenture made and entered into the 23rd day of April 1847 between J.N. ZENTMEYER of the first part and DAVID KITTERMAN of the second part, both of the County of Floyd and State of Virginia wheras a certain ANDREW RIGNEY by a certain indenture bearing a date of the 23rd day of Septemeber 1844 and recorded in the Clerks office of Floyd Co. Court on the said 23rd of September 1844, did grant, transfer and convey unto J. N. ZENTMEYER, his heirs and assigns one certain tract or parcel of land containing 25 acres be the same more or less lying and being in the county of Floyd on the head waters of the falling branch and being the same land deeded to the said ANDREW RIGNEY and DAVID RIGNEY from BENJAMIN HOWELL on the 3rd day of July 1839 and recorded in the Clerks Office of Floyd County in Deed Book B, page 294 by reference to which deed the uses and acres may be seen together with all and singular the appurtenances to the said tract or parcel of land belonging with the power (?) and authority, is the said J. N. ZENTMEYER, his heirs and assigns to sell and dispose of said land for certain purposes in said deed expressed (?) whereas the said ZENTMEYER in execution of the said trusst ------ (illegible) the time place and terms of sale for twenty days previous ----- (illegible) having been advertised at the front door of the Floyd Courthouse, did on the 15th day of February 1848 at Floyd Courthouse expose to sale by way of public auction the aforesaid tract of land for ready money, at which sale the aforesaid DAVID KITTERMAN being the highest bidder the person (?) chosen, at the sum of $35.00. Now, therefore, this indenture witnesseth that the said J. N. ZENTMEYER for and in consideration sof the premises and for the further consideration of the sum of $35.00 to him paid by the said DAVID KITTERMAN to be by him applied in pursuance of the said trust towards the discharge of such sum of money as shall have been ----- (illegible) to the surviving partners of McCabe Headon & Company in further execution of the trust aforesaid has granted bargained and sold, and by these presents doth grant bargain, sell and convey unto the said DAVID KITTERMAN, the tract of land herein before mentioned and described and which was disposed of at public auction as aforesaid, together with all singular the appurtenances thereto belonging, to have and to hold the said tract of land with its appurtenances unto him the said DAIVD KITTERMAN, his heirs and assigns forever the said J. N. ZENTMEYER the said trust or parcel of land hereby conveys together with its appurtenances to him the said DAVID KITTERMAN and his heirs and assigns against the claim of the said J. N. ZENTMEYER and his heirs and all other persons claiming by, through or under him as trustee as aforesaid by these presents will forever warrant and defend the said ZENTMEYER taking no individual responsiblity on himself in witness whereof the said J. N. ZENTMEYER hath hereunto set his hand and affixed his seal the day and year aforesaid.

1.) In this document ANDREW (son of NANCY and ISHAM) is on a document with his bother DAVID, and with a HOWELL, his mother's maiden name. It is tentatively believed that this BENJAMIN is the brother of NANCY HOWELL RIGNEY'S Father.

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