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If you've ever seen those wonderful old deeds that one can
get from county records offices, you'll know what I mean when I say
that they can be a challenge to read. I'm sure the transcription below
if full of errors.. but it's the best I've been able to do. Enjoy!
I don't fully understand the implications of these
deeds, and if you do, I'd enjoy hearing from you. Christian had accummulated
over 800 acres of land in the South Branch area. His properties, including
"Mill Place Plantation" included a sawmill, grist-mill (grain),
and a wool carding machine. In addition, according to correspondence
with Mongold researchers, at the time that Christian and Catherine
sold the bulk of their land in 4 parcels described below, they reserved
the right to subsequently remove equipment for their "powder mill"
to a two-acre set aside for the residence for Jacob Eyman. It's
often thought that Christian and Catherine were joining their son Henry
in a migration to Southern Illinois. The reference to "powder
mill"
suggests that Imans may have been producing gunpowder which in those
days was made using limestone deposits from caves or particularly rich
outcroppings on hillsides. It's believed that Iman lands on "Iman's
Run" were described in deeds as being on Spring Run and near the
site today of a fish hatchery. The creek bed maintained by "Friends
of Spring Run Trout" (a location where nearly extinct natural
trout spawn) is on land whose deed refers to Eymans as prior owners.
Very near the head of Spring Run are restricted access caves full of
stallegmites and stallegtites and a species of nearly extinct large
eared bat.
By the time he sold his lands he seems to have paid
off underlying financing, but the land may have sold for a pittance?
And why was Christian still paying manufactures taxes following the
sale of this land?
It's of interest that the buyer of the plantation,
from Rockingham and a considerable distance, was a Martin Garber --
head of the Brethren Church for Northern Virginia at the time. It is
possible that there were other payments and considerations from the
sale which do not appear in this document. Other court items are available
to clarify title and settlement of loans on these lands.
The historian, Emmert Bittinger believes that perhaps
Garber bought the land with the intention of having a son move to the
area and attempt to resurrenct the "lost congregatiion". (During
the 1790s, the local Brethren congregation under the leadership of Valentine
Powers was excommunicated from the church for having rather liberal
policies related to military service of some members of the congregation.
The congregation had relied on an argument that such service should
be a matter of individual conscience -- a core principle to members
of the church.)
(The following seems to involve the reconveyance of interest in Iman land
used as collateral in the financing of a wool carding machine.Such evidence
of payment might have been required prior to conveyance of various tracts
of land to Martin Garber.) Know all men by these presents that whereas Christian
Eyman did by his certain Indenture bearing deeds the .. .bearing date the
19th day
of December 1810 sell and convey to Charles Lobb in Trust two certain tracts
of land also one wool carding machine in the said indenture expressed
& described and whereas the said Eyman was indebted to Cyrus B. Baldwin
in the sun of two hundred dollars and also in the sum of two hundred
and fifty dollars due to said Baldwin by writings under seal as in the
said Indenture more at Large set forth and the said lands & wool
carding machine being conveyed by the said Indenture to the said Charles
Lobb as aforesaid in Trust that if the said Eyman should fail to pay
to the said Baldwin the aforesaid sums of money with Interest & every
part thereof when the … should be due that then the said Charles
Lobb should at the request of the said Baldwin sell the said lands and
wool carding machine at public sale and out of the monies arising from
such sale pay the said sums of money and Interest to the said Baldwin &
the balance of any pay to the said Eyman all which must have been done
agreeably to the terms set forth at large in the said Indenture now
of record in the Superior Court of Hardy County afore said reference
thereto being had will more fully appear. And whereas the said Cyrus
B. Baldwin has informed the said Charles Lobb that the said Christian
Eyman hath fully satisfied & paid him … the said sums of money & Interest
& that the said Eyman is entitled to an acquittance for the same
in full and to a release of the said Lands & premises with the said
wool carding machine according to the intent & meaning of the said
Indenture. Not knowledge that I the said Charles Lobb of County of Hardy & State
of Virginia for & in consideration of the promises aforesaid and
for and in consideration of the sum of one dollar by the said Christian
Eyman in hand paid to the said Charles Lobb at or before the sealing
and delivery of these presents have released aliens aliened and forever
quit claim and by these do release and reconvey alien & forever
quit claim to the said Christian Eyman his heirs &
assigns all the said Lands & premises & the said wool carding machine
with the … and appurtenances thereto belong & every part & parcel
thereof also all the Estate Trust use interest & demanded of in &
to the said lands premises & wool carding machine by said Indenture conveyed
to me in Trust as aforesaid To have and to hold to the said Christian Eyman
& his heirs & assigns To his & their only profers use & behalf
– forever as though the said Indenture & the conveyance in Trust
contains therein as aforesaid had never been made. Lastly I the said Charles
Lobb & y heirs the said Lands & premises & wool carding machine
conveyed to me in Trust as as aforesaid to the said Christian Eyman assign
his Eyman and his nears against me the said Charles Lobb as Trustee in
the said Indenture mentioned as aforesaid & against heirs & all
and every person claiming under me shall & will forever warrant & defend
by these presents In witness thereof I have herein set my hand & seal
the 10th day of November 1811
Cha Lobb (seal)
At the Superior Court of Law held for the County of Hardy at the Court house
thereof the 11th day of May 1812. This Indenture was acknowledged
by Charles Lobb a party thereto and ordered to be recorded
Teste
Chas Lobb
(Court entries below seem to register the sale of four tracts adding to
810 acres to Martin Garber. It's believed that there were other set-asides
of Iman land, and other lands such as those at Turning Mill Run which included
in this inventory.) This indenture was this 19 day of November in the year
of the Lord 1811. Between Christian Eyman and Catherine his of the County
of Hardy & State
of Virginia of the one part and Martin Garber of the County of Shenandoah&
said State of the other part witnesses that for and in consideration of the
sum of two hundred and seventy pounds current money of Virginia .. in hand
paid by the said Martin Garber at or on before the sealing & delivery
of these presents the receipt whereof they hereby acknowledge and there
of doth acquit and discharge the said Martin Garber his Epois (?) & administrators
by these presents have granted bargained total aliened released & confirmed
& by these presents do grant bargain… release and confirm unto
the said Martin Garber & his heirs a certain tract or parcel of land
lying and being in the said County of Hardy on Horst's Spring run & bounded
as followeth …Beginning at a red oak Spanish oak & white oak on
the Northern Neck line and turning S35-o W 116 poles to three chestnut
oaks corner to George Sites & with his line N66W180 poles to a Spanish
oak
& two white oaks corner to the said Sites with another of his lines South
15-o W 94 poles to a Spanish oak and white oak by a branch of Richardson's
run on South Mill Creek and in the Sites line thence leaving said line N.32W40
poles to a sugar tree Lynn & Spanish oak thence N 14E 42 poles to a
pine
& Spanish oak on a …Thence N 16W122 poles to a Spanish oak &
white oak in the fork of a branch thence N. 50-oE 50 poles to two hickories
and a while oak in the Northern Neck Line & with the same S. 52SE305
poles to the Beginning containing Three hundred and fifty Eight Acres & was
granted to said Christian Eyman assn of Cooper who was assn of John H by
patent dated 11the day of November 1791. Also one other tract of land part
of a larger tract which first contains One hundred & seventy eight
Acres the remainder of the said larger parcel lower 169 acres being already
conveyed by said Christian Eyman & Catherine his wife to Jacob Borer
by deed dated the 30th
day of May 1792 of record in the Court of Hardy County aforesaid … larger
tract his in said County of Hardy on the head of deep spring run a drain
of South Mill Creek and Bounded as follows ,… Beginning at two poplars
& a Spanish oak on t he side of a hill above the said spring thence N.
22-oE 90 poles to a poplar & two Elms by a branch N 60-o W 70 poles
to a poplar elm & birch by the side of a spring run N 148 poles to
four pines N69-o E 124 poles to a white oak & chestnut oak in a hollow
N 42-o W 150 poles to two white oaks & chestnut oaks …W 100 poles
to a black oak ask & hickory S 20-o W 162 poles to a white oak & hickory
on the side of a hill N.40-oW242 poles to a Spanish oak on the west5 side
of the said run thence S55W60 poles to three white oaks in a hollow Easterly
S32E 535 poles to the Beginning 170 Acres of which said larger Parcel is
hereby conveyed as aforesaid & has thereon a grist mill & saw mill
the two latter now out of repair. This indenture also witnesseth that the
said Christian Eyman hath sold bargained & released and by these presents
doth conjoin sell & release to the said Martin Garber for the consideration
aforesaid One certain wool carding machine now Erected & Standing in
the said Grist mill house which stands on the said 170 Acres of Land. Also
one Tract of Lying in said County of Hardy adjoining the lands aforementioned
on the waters of South Mill Creek and Bounded as follows to wit. Beginning
at a white oak &
two red oaks said Eyman's Corner in the Northern Neck line & running
with the same N.S2.30W156 poles to a red oak & hickory by a drain in
said line thence leaving said line N37.30E. 66 poles to a pine & two
red oaks on a hill in a line of said Eymans thence with the same S.52.30
E. 100 poles to three Lynns in said line thence leaving said line S63W.
76 poles to the Beginning containing Seventy one Acres by survey made by
William Heath S.H.C. dated the 19th November 1811. also one other
Tract or frame of Land lying & being in the said County of Hardy on
the Middle Mountain between the South fork & south Mill Creek on the
waters of S. Creek &
bounded as follows to wit. Beginning at two chesnut oaks & Chesnut John
Spellman's Corner on a knob in the Northern line and running with said line
S50.E 230 poles to a Lynn & locust on the side of said mountain hence
North 15E.240 poles to three white oaks on the side of said mountain thence
N.22 W 100 poles to two white oaks & red oak on the side of the Cedar
knob thence S4-oW266 poles to the Beginning containing two hundred & thirty
eight Acres by survey made by said William Heath SHC. Dated 19th
November 1811. The large Tract out of which 170 Acres are conveyed as aforesaid
was granted to the said Christian Eyman assn of Joshua Pettit by patent
dated the 11th day of November 1791. The two last mentioned tracts
or parcels of land were conveyed to the C. Eyman but were not patented &
the said surveys are not respectively assigned by the said Christian Eyman
by writing on the back of each survey & plat & delivered to the
said Martin Garber that patents may be obtained therefore by him and all
houses Mills buildings orchards ways waters water courses profits commodities
here otitaments & appurtenances to the said lands & wool carding
machine belonging and every piece & parcel thereof Also all the Estate & claim
& demand whatsoever & reminders of reservations rents issues &
profits thereof of the said Christian Eyman & Catherine his wife in and
of the said Lands …& wool carding machines both in Law & in
Equity To have and to hold the said Lands & premises as before described
& every part & parcel thereof to him the said Martin Garber his heirs
& assigns forever to his & then only proper use be he of forever
and Lastly that the said Christian Eyman & his heirs all Singular the
said Lands & premises with the appurtenances & wool carding machine
to him the said Martin Garber and his heirs and assigns against them the
said Christian Eyman & Catherine his wife & theirs or either of
their heirs and against all and every other person & persons whatsoever
shall warrant forever & defend by these presents In Witness whereof
the said Christian Eyman & Catherine his wife have hereunto set their
hands & Seals the
day of the year first above written.
Signed with X's and seals
Signed and sealed in the presence of..
Chas. Lobb
Rudolph Shobe
James Machis(?)
James Russell
Walter Malcom (?)
John Clifford
Abel Seymour (?)
(The following commentary suggests that Catherine, the wife of Christian,
was not able to attend court. The court therefor, as it did in circumstances
of illness, requested nomination of a team to visit her in order to verify
her participation in decisions involved in the sale.) The Commonwealth of
Virginia to Abraham Shobe and Adam Fisher Gent: Justices of Hardy County
greeting Whereas Christian Eyman & Catherine
his wife had by their … Indenture of bargain & Sale dated the 19
day of November 1811 sold and conveyed unto Martin Garber one Tract of Land
of 350 Acres –
one Tract of 170 Acres – one Tract of 71 Acres - & one other tract
of 230 Acres lying & being in the said County of Hardy & particularly
described in said Indenture and whereas the said Catherine cannot conveniently
leave to our Superior Court of Law held for Hardy County at the Court house
thereof to make acknowledgement of the said Indenture therefore we give
unto you or any tow of you power to receive the acknowledgement which the
said Catherine shall be willing to make before you of the conveyance aforesaid
contained in the said Indenture which is hereto annexed and we do therefore
command you that you do therefore personally go to the said Catherine and
receive her acknowledgement for the same and examine her privately & apart
from her said Husband Christian whether she willingly and without the
persuasions of threats of her said Husband signed & Sealed the said
Indenture and whether she consented that the same may be recorded with
this commission surveyed in our said Superior Court of Law held for Hardy
County and when you have received her acknowledgement and examined her
as aforesaid that you distinelly
& openly certify to us thereof in our said Court under your seals sending
therewith the said Indenture & this will Witness
Charles Lobb Clerk of one said Court at the Court House aforesaid
the 20th day of January 1812 in the 36th year of
the Commonwealth.
Chas Lobb
We do hereby certify that pursuant to the above commission to us directed
we did this day personally go to Mrs. Catherine Eyman wife of the above named
Christian Eyman and after having shown and explained to her the said Indenture
examined her privately and apart from her said husband and the said Catherine
declared that she willingly signed & sealed the said Indenture without
the persuasions or threats of her said Husband & consented that the same
with this commission annex may be recorded in the said Superior Court of Law
held for Hardy County at the Court house thereof – certified under our
seals this 24th day of February 1812
Abraham Shobe
Adam Fisher
At the Superior Court of Law Continued & held for the County of Hardy
at the Court house thereof the 12th day of May 1812 This Deed was
proved by the oaths of Abel Seymour Walter Malcom & Charles Lobb three
of the witnesses therto and together a Commission annexed for taking the acknowledgement
& privy Examination of Catherine wife of the said Christian Eyman &
the certificate of the Execution thereof being returned are ordered ti be
recirded
Teste Chas. Lobb | 
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