Republic of Texas — County of Jasper – Whereas on the fifth day of December AD Eighteen hundred and thirty five, in the Parish of Natchitoches State of Louisiana, one Simon Wiess and one Robert Gelaghtly entered into a Contract that the said Simon should unite himself in Marriage to and with one Margaret Sturrock that said Margaret's father William Sturrock. Should pay to the said Simon the sum of Four thousand dollars as the marriage portion of the Said Margaret and which was paid accordingly and Whereas said Wiess agreed to pay to the use and benefit of Said Margaret the sum of Eight thousand dollars or property of that value in Consideration of the sum first mentioned, and Whereas the said Simon failed to perform his entire contract and Whereas the Said Robert sued the Said Simon on account of his Said Simon's nonperformance of his contract and Whereas the Said Robert recovered against Said Simon damages to the amount of Twelve thousand dollars interest and cost of suit and Whereas execution is about to be had of the property of Said Simon under the direction of Plaintiff Gelaghtly's attorney of record all of which will be seen by refference to Records of the District Court of said County and the Session thereof last past. Therefore be it Remembered that I Simon Wiess in Consideration of the sum of money recovered against me by the Said Robert towit Twelve thousand dollars and interest and cost of suit and for the part payment of the same (which is accepted by Plaintiffs attorney of Record) on the twenty-seventh day of October AD Eighteen hundred and forty-one. Do bargain sell release and Convey and confirm and deliver over to the Said Robert for the use and benefit of Margaret Sturrock now the wife of me the Said Simon and his heirs forever and Subject to the direction and will of her the Said Margaret, all of my right title interest and estate of and to the following property Towit One home and lots on Grants Bluff discribed by Bond from David Brown to me value $400. One half of the league and labor of land the headright of Antonio de los Santos Cay $750. Land warrant of Robert Gelaghtly of 320 acres $150 as by refference to the transfer of Cay and Gelaghtly to me. One acre of Land on Sabine Pass of J W Burton's headright reference to Deed $150. One sixth part of the headright of John I. Brigham of 1280 acres as for reference to Brigham's deed and power of attorney to me $100 One third of the headright of one league and labor of James A Wilkinson see deeds $300 two labors of the headright of John Allen Veach see deeds $200, one League of land the headright of Spenser Odborn $500, one Do of Johnson Palmer Jr. $500. Three fourths of one League and labor more or less of the headright of Juan Pedro Bodin $400. Land Warrant of John Pleasants of 320 acres $100, one hundred and fifty acres of the headright of Benjamin F Mott $250 Three hundred and twenty acres the headright of Solomon Wright $100 Two hundred and thirteen and third acres of the headright of Hillard Durden $50. Two hundred and thirteen and third acres of the headright of Benjamin Williams $50 Two hundred and thirteen and third acres of the headright of Robert Laird $100. One house and lot in the Town of Beaumont $500 One female slave Jane $600 one Cart and two horses $250, one pair of Oxen $75. One mare $100 one Lot of hogs marked Crop off the right ear $75 Twelve cows and Calves Brand $240. Farming utinsels $50 household and kitchen furniture $500 and merchandise $800. Reference to the deeds bonds and power of attorney given me by the transferes of said property for a further discription of the saime some of which are Recorded in the Counties of Nacogdoches Jasper, Jefferson and Liberty and some not Recorded. To have and to hold the above discribed property, and all the rights thereto to the said Robert for the use benefit and advantage of the said Margaret and her heirs forever, and subject to the Control of her the said Margaret in her lifetime and then to the Control of her heirs forever. And furthermore I the said Simon Wiess do covenant and agree to warrant and forever defend all and singular the said property to the said Robert for the use of the said Margaret and heirs, as aforesaid against the Claim or Claims of all persons whatever (excepting the Claims which the said Margaret has at this time in other respects than the above mentioned uses and benefits) claiming through or _____ me in any manner whatever under the penalty of one hundred thousand dollars to be recovered of me my heirs & for the above uses and benefit by the said Robert — And further more do bind myself heirs & to make or Cause to be made to the said Robert for the use benefit and advantage of the Said Margaret, and her heirs forever any other than this ____, to more fully and Completely assure and Convey to the Said Robert for the Said uses and benefits if the Same shall be necessary the above mentioned property. Total value of said property is Seven thousand two hundred and nine dollars which is placed to my Credit by endorsement of the same on the writ of execution now running against me. Done this twenty seventh day of October In the year of Our Lord one thousand eight hundred and forty one.
In presence of
Thos W Hant
(Interlined before signing)
My scroll used by way of Seal
S Wiess seal
Republic of Texas
County of Jasper
Personally Came before me H Good Deputy County Recorder in and for Said County. Came S Wiess the assigner of the foregoing Instrument of writing and Acknowledged the same to be his free act and done for the purposes therein Contained and mentioned.
Given under my hand and official Seal at my office this 22nd day of November AD
1841 IS H Good Dept C Recorder Ile
(Marked on the back)
Simon Wiess to Robert Gelagthly for the use of Margaret Sturrock now Margaret Wiess == Filed for Record November the 22nd 1841 H Good Dept C Recorder == Recorded November the 25th 1841 In Book "E" page 252. H Good Dept C Recorder
I hereby certify that the foregoing is a Correct Copy of the original Instrument of writing from S Wiess, to Robert Gelaghtly for the use of Margaret Wiess, and also of the Certificate of Authentication thereunto appenned, and also the Certificate of the former filing and Record of the same Given under my hand on this the 24th day of June AD 1858
H Good Clerk Co Court Jle
Republic of Texas
County of Jasper
I hereby certify that the foregoing is a Correct transcript of the Record of the Deed of Conveyance from Simon Wiess to Robert Gelaghtly for the use of Margaret Wiess as the Same is of Record in my office in Record of Deeds book "E" on pages 537, 538 & 539.
Given under my hand and official seal this the 16th day of November AD 1858.