James Kenan Shff. To John Waller junr. Deed 19 April 1786
(Transcribed by Joan S Dunn)


Deed Book 1 A Page 435, 436, & 437

James Kenan Shff. To John Waller junr.

Deed for 100 acres lands

	This indenture made the 19th day of April in the tenth year of the American 
Independence Anno Domini 1786.  Between James Kenan Esqr. High Sheriff of the County 
of Duplin in the State of North Carolina on the one part & John Waller junr. of the 
same place on the other part witnesseth, whereas by a writ of Fieri Facias issued 
from the County Court of Duplin in the following words, To wit.  State of North 
Carolina To the Sheriff of Duplin County, greeting, you are hereby commanded that 
of the goods & chattels lands & tenements of Benjamin Smith late of Duplin County, 
planter, deceased, if to be found in your Bailywick, you cause to be made the sum 
of nine pounds nineteen shillings which lately in the County Court of Pleas & Quarter 
Sessions at Duplin, Stephen Williams, recovered against him for debt & damages, as 
also three pounds nine shillings & three pence like money for cost & charges in said 
suit expended, whereof the said Benjamin Smith is convicted & liable as appears of 
record, & have you the said monies before the said County Court at Duplin, on the 
third monday of October next, there to render to the said Stephen Williams his damages 
& cost aforesaid, here in jail not and have you then & there this writ.  Wtiness 
William Dickson Clerk of the said Court at Duplin the twenty second day of July in 
the tenth year of American Independence Anno Domini 1785.  By virtue of which said 
writ the Sheriff did enter upon & take possession of a certain tract or parcel of 
land lying & being in the County of Duplin aforesaid, on the south side of Limestone 
swamp, & on both side of the main road, being the place where the said Benjamin Smith 
lived on, & is bounded as follows.  Begining at a pine on Waller's back line near the 
road, thence So. 15 Wt. 90 poles to a pine, thence No. 75 Wt. 180 poles to a pine 
north of the road, by the end of Hall's avenue, thence Wt. 15 Et. 90 poles to a pine, 
thence to & with Waller's line to the begining, & containing in the whole one hundred 
acres be the same more or less, which said tract of land the said Sheriff did according 
to law advertise & expose to sale on the sixteenth day of September 1785, on which day, 
to wit. the sixteenth day of September aforesaid, the said John Waller junr. being then 
& there present upon the premises, did bid off the said tract or parcel of land at 
the sum of twenty five pounds fifteen shillings current money & was the last & highest 
bidder.  Now this indenture witnesseth, that the said James Kenan Sheriff of Duplin 
County aforesaid by virtue of & in pursuance of his said office & the writ aforesaid, 
& for and in consideration of twenty five pounds fifteen shillings to the said James 
Kenan in hand paid before the sealing & delivering of these presents, the receipt whereof 
the said James Kenan doth hereby acknowledge, hath granted bargained sold aliened 
enfeoffed conveyed confirmed assigned & set over by virtue of his said office & in 
pursuance of the writ aforesaid, as fully as he can & is hereby empowered & enabled, 
doth by these presents grant bargain & sell alien enfeoffe, transfer convey confirm 
assign & set over unto the said John Waller junr. all the aforesaid tract or parcel of 
land containing one hundred acres situate lying & being as afore mentioned & discribed 
with all the woods waters profits & advantages to whatsoever to the said one hundred 
acres of land & premises belonging or appertaining & all the estate rights & title, 
interest claim & demand of the said James Kenan therein.  To have and to hold the said 
tract or parcel of land herein mentioned or intended to be sold, aliend transferred 
assigned set over, conveyed & confirmed unto the said John Waller junr. his heirs & 
assigns forever, to the only proper use benefit & behoofe of the said John Waller junr. 
his heirs & assigns forever, in as full and ample manner as he the said James Kenan 
Sheriff of Duplin County aforesaid by virtue of his office of Sheriff & in execution of 
the writ aforesaid & is hereby enabled to convey transfer & change the same, & the said 
James Kenan doth covenant promise & agree to & with the said John Waller junr. his heirs 
& assigns, that the said James Kenan Sheriff of Duplin County aforesaid will warrant & 
defend the said granted & bargained premises unto the said John Waller junr. his heirs 
& assigns against, the said James Kenan & his heirs & against every other person or 
persons claiming under him the said James Kenan his heirs or assigns, so far as he is 
empowered & enabled by virtue of his said office of Sheriff & in pursuance of the writ 
aforesaid & of the act of Assembly in such case made & provided.  In witness whereof 
the said James Kenan hath hereunto set his hand & seal the day & dated first above 
written.
				Jas. Kenan Sheriff

Signed sealed & delivered in the presents of
				William Dickson
				W. Lightfoot

State of No. Carolina Duplin County October Term 1787.
Then was the within deed acknowledged in open Court and ordered to be registered.
	Test		W. Dickson, C. C.





Return to Duplin County Deed Index

Return to Duplin County Index Page