Gunston Hall Octor. 17th. 1769.
I have your Favour, returning the Deed I sent you, which I have not had an Opportunity of executing before Witnesses that cou'd be at this Court; I shall therefore endeavour to wait on you with it at Posey's Sale, or sooner, if I am able to ride. It is certain that there is no Warranty contain'd in the Deed, nor did I apprehend you expected one, or I shou'd have objected to it at the Time, as I have not an Acre of Land in the World for with which I would give a general Warranty. The Destruction of Records, the Loss of Papers, & the Negligence of the Hands thro' which in process of Time the Lands may pass, are with the unanswerable Objections to general Warrantys; let the Title be ever so good at the Time of the Sale; but in this particular Case, I lookd upon a Warranty as totally out of the Question. I candidly told you all I knew about Hooper's Survey, or the mark'd line, when I left the Matter to yr own Choice. You know in what manner the Agreement was made, & had there turn'd out less Land within the Line than the Quantity sold (in which Case I was to have paid you by the Acre for the Deficiency) I shou'd have required Nothing more from you than a Relinquishment of your own Title for the Difference, in such a Manner as to bar any Persons hereafter claiming under you; which is always the Case of a Release, & in this Light only I understood, & still do understand our Agreement; tho' I take it to be a Matter of very little Importance; because I verily believe the Land contain'd in Thompson's Patent to be as safe as any Tract of Land in the County. I have all the original Papers relative to it bye me, which I shou'd be glad you wou'd examine, if you have any Doubt about it; & the rather, because it gives me Concern that there shou'd have arisen any, the least Misapprehension between us. I have examined the Deed over again, & I think it contains as full a Confirmation of yr Title, & Release of mine, as Words can express; if not, I am willing to add anything to it for that Purpose, which you can desire.
I must again trouble you with an Ordr. to the Treasurer for the Money due to me from the Country; it's to be hoped there is by this Time Cash in the Treasury, & that the House will be permitted next Session to go thro' the public Business. I have some Thoughts of petitioning Your Honours for an Allowance of Interest.
Mrs. Mason offers her Comps. to Mrs. Washington, & Miss Custis; to whom Please to Present those of Dr Sir Yr. most Obt. Sert