Deed - Wallace to Wilkes

Contributed by Suzanne Coats

From: Jas. Wallis [Jos. Wallis]
To: J. A. Wilkes
This deed of conveyance made this the 3rd day of December A.D. 1855 between Joseph Wallis, Administrator of the Estate of John Wallis, deceased, of the first part and James A. Wilks of the second part all of the County of Holmes and State of Mississippi.
Witnesseth: that whereas at a term of the Probate Court of said county holden for the County of Holmes at the September Term thereof 1855, among other things it was ordered that the party of the first part should sell in a credit of one and two years, the real estate belonging to said decedents and known as the South West quarter of Section 19 and the North West quarter and West half of the North East quarter of Section thirty all in the township thirteen of Range four East containing four hundred acres said land lying and being in the County of Holmes and State of Mississippi except one acre for a grave yard where it now is and in pursuance of the said order and after giving the notice required by law, arise said order of Court and between the hours prescribed by law, the said party of the first party of the first part at the Court house door of said County did on the first Monday of December 1855 , that being the 3rd day of said month of December, did expose to sale at public auction the above described land in a credit of one and two years ( that is one half of the purchase money is to be paid in Twelve months and the balance in Twenty four months from the day of sale.) and the said above described lands were struck off to James A. Wilks for the sum of Thirty five hundred and ninety one dollars, that amount being the best and highest bid therefor. Now this indenture witnesseth: that in consideration of the premises and that the party of the second part has executed his bonds with approved security for the said purchase money at twelve and twenty-four months from the day of sale which by law operates as a special lein or mortgage on said land, the said party of the first part has bargained and sold and by these presents doth bargain and sell unto the party of the second part, his heir and assigns forever, all the foregoing described land with the improvements and appurtinances there unto belonging and to all the estate, right, title and interest in law or equity of him the said John Wallis, deceased, his heirs, executors, or administrators in and to the same. To have and to hold the above granted land to him the said party of the second part, his heirs and assigns as fully and effectually to all intents and purposes in law as the party of the first part might, could or ought to do by virtue of said decree of said Court. In witness whereof, the party of the first part has hereunto set his hand and seal the day and date above written.
Joseph Wallis ( seal )
(Note: this deed was already typed and was in the deed book as typed, not hand written)

The State of Mississippi
Holmes County
Personally appeared before the undersigned as acting Justice of the Peace in and for the said
County, Joseph Wallis, administrator of John Wallis, deceased, and acknowledged that he signed, sealed and delivered the forgoing deed on the day of the date thereof and for the purposes therein specified. Given under my hand this the ______ day of December A.D. 1855
Jas. M. Haynes, J. P. (seal)

<Please note the part of the deed that where it talks of the "except one acre for a grave yard where it now is". We are going to be looking for that graveyard as we haven't as yet been able to find any of the Wallis/Wallace graves that are in our family: the family of John & Narcissa Wallace. Their daughter, Lucinda Coats Wallace married James Archer Wilkes---they were my g g grandparents>.