This indenture made & entered into this the twenty third day of January Eighteen hundred and sixty three between Irwin Waller of said County & State of the first part and William Fraley Executor of the Estate of Albert M. Berry late of said County deceased of the same place of the second part Witnesseth that the said Irwin Waller for and in consideration of the sum of two hundred and sixty dollars to him cash in hand paid at and before the sealing and delivery of these presents the receipt of which is hereby acknowledged hath given granted bargained sell alien and conveyed unto the said William Fraley Executor of said Albert M. Berry deceased his heirs and assigns to and for the use of said Estate. The purchase by said Executor being made under an order of the Court of Ordinary of said County. The following tract of land or parcel of land , a plat of which by Wm. L. Wilson , Surveyor is hereto attached. Situate lying and being in said County on the waters of Beaver dam creek adjoining the lands of White, Vinson, Barnes & others, begining at a red oak, White’s corner on the road from Powelton to Sparta thence N 29.10 31 chs 10 lks to a pine X N 69 1/2 E 28 to Po X S34 E 13 stake in the forks of the Sparta & Culverton road. Thence with said Sparta go to the beginning . Containing fifty two acres more or less. To have and to hold the said bargained premises with all and singular the rights members & appurtenances to the same in any wise belonging unto him the said Fraley Executor of A. M. Berry deceased his heirs and assigns to his use as Executor aforesaid forever in fee simple. And the said Waller for himself his heirs Executors & administrators the right and title to the said premises with all and singular the rights members & thereunto belonging unto him the said Fraley Executor as aforesaid his heirs and assigns shall & will forever warrant & defend against the claims of all persons whatsoever.

In witness whereof the said Irwin Waller has hereunto subscriber his name and made his scroll for a seal the day and year first above written.

Signed sealed & delivered

in presence of Irvin Waller

E. F. Cothern

Thomas I. Little Ordinary

Hancock Cty. Geo

Registered July 29th 1870

J. B. Johnson Clk.