Articles of Agreement with William Champe Carter
Articles of agreement concluded between Wm. Champe Carter on the one part and Thomas Jefferson as Attorney for William Short on the other.
The said Wm. Champe covenants to convey to the said Wm. Short a fee simple estate in a certain tract of land known by the name of the Indian camp quarter, part of a tract of land devised to him by his father, and lying between the lands of James Monroe and the Blenheim lands, which part has been lately surveyed by Robert Lewis and found to contain thirteen hundred and thirty four acres, to hold the same clear of all incumbrances and charges by mortgage, dower or otherwise, and to recieve possession thereof immediately, and that he will as soon as may be execute sufficient instruments of conveyance for the same.
And the said Thomas as attorney for the said William Short covenants that in consideration of the said conveyance the said William Short shall pay to the said William Champe twenty three shillings and sixpence per acre, whereof three hundred dollars shall be paid by draught on Philadelphia at three days sight, six hundred dollars by a like draught at six weeks sight, and two thousand dollars shall be paid to Mr. Wilson Cary Nicholas for the said Wm. Champe by like draught at six weeks sight. And whereas at the running of the Southern boundary of the said land, where it adjoins the Blenheim tract no person attended on the part of Mrs. Carter mother of the said William Champe and tenant for life thereof, nor has her agreement to the said line been obtained, it is therefore agreed between the said parties that the said Mr. Champe will obtain a sufficient act of agreement on her part to the said line, whereupon the balance shall become payable in like manner by draughts on Philadelphia, or if her agreement cannot be obtained to the said line, then that her agreement shall be obtained to some other line as the boundary of her life estate, and a rateable deduction shall be made from the sum total of the purchase money, according to the quantity which such other line shall take away from that total, surveyed and marked by the said Robert Lewis.
Saving to the tenants now in the occupation of any part of the said lands their several rights thereto according to contracts heretofore made according to law.
In witness whereof the said parties have hereto set their hands and seals this 20th. day of April 1795.
|Signed sealed and delivered
in the presence of
|William C. Carter|
MS (DLC: William Short Papers); in TJ’s hand, signed by Carter, Nicholas Lewis, and TJ; with remnants of seals.
Surveyed by Robert Lewis: a reference to Lewis’s 18 Apr. 1795 survey of Indian Camp Quarter (MS in same, at foot of survey by Lewis: “This is a plot of 1334 Acres of Land in the County of Albemarle lying on the South East side of the South West Mountains and on the waters of Buck-Island Creek. Surveied for Wm Short April 18th 1795 by Robt W Lewis,” with notation on verso by TJ: “Carter to Short} the original survey made by Robert Lewis, according to which the quantity & price was fixed, and the conveyance made”; Tr in ViW, consisting of survey and Lewis’s note in TJ’s hand; enclosed in TJ to William Short, 13 Apr. 1800). Draught on Philadelphia: on 20 Apr. 1795 TJ made two drafts on Philadelphia merchant John Barnes in favor of Carter for the amounts of money specified above (PrCs in DLC: Short Papers; letterpressed on the same page). On 22 Apr. 1795 TJ made a draft on Barnes for $2,000 in favor of Wilson Cary Nicholas (Tr in same; in TJ’s hand; undated, but see the following two documents).