James Pearsall To Auston Bryan Deed 23 April 1789

James Pearsall To Auston Bryan Deed 23 April 1789

(Transcribed by Joan S Dunn) Deed Book E Page 55, 56, 57, 58, & 59 James Pearsall To Auston Bryan This Indenture made the Twenty third April in the thirteenth year of the American Independence and in the year of our Lord one thousand seven hundred and Eighty nine. Between James Pearsall esquire High Sheriff of the County of Duplin in the State of North Carolina of the one part and Auston Bryan of the same place of the other part whereas the States Writ of Fieri Faceras issuing from the County Court of Pleas and Quarter sessions for the County of Duplin in the following words to wit State of No. Carolina To the Sheriff of Duplin Court Greeting. We command you that of the goods and chattels lands and tenaments of Isom Sheffield Deceased in the possession of Robert Dickson administrator of Isom Shuffield Deceased is to be found in your Bailywick you cause to be made the sum of Eighty nine pounds two shillings and nine pence, which lately in the County Court of pleas and quarter sessions held for Duplin County at the Court House in Duplin was and judged to Isabelle Slingsby Administrator of John Slingsby deceased for her damages and also the sum of five pounds nine shilling and eleven pence, for costs and charges in the said suit is pended whereof the said Robert Dickson is liable it appears to us of Record and have you the said monies before our said Court at Duplin on the third monday of January next, then and there to render to the said Court the damages and costs and charges aforesaid beside your own fees for the service. Therein fail not and have you then and there this writ. Witness William Dickson Clerk of the said Court at Duplin the twenty first day of October in the 13th year of the Independence of the said State Anno. Dom. 1788. By virtue of which said Writ the said Sheriff did enter upon and take possession of sundry tracts of Land lying on the No. East River in the said County of Duplin joining and above the mouths of Muddy Creek and Maxwell Creek one of which said Tracts of Land of the Estate of the said Isom Shurrield Decd. lying on the East side of the No. East River above the mouth of Muddy Creek. Begining at a large pine Jesper Coxes corner tree near the River thence along that line to a pine near a Pond, thence by a dividing line to a sweet gum in a Branch, called Stafford Branch thence by a row of marked trees to a live oak in the River swamp thence up the River to the first station containing one hundred acres of Land be the same more or less and one other tract or parcel of Land of the Estate of the said Isom Shuffield decd. on the west side of the No. East River in the fork of said River and Maxwell Creek. Begining where River and Creek joins thence up the River as it meanders to a bent, which in a straigh line is No. 36 East seventy six poles, thence by various courses 100 poles to a water oak, thence No. 54 Wt. 230 pole to a pine, thence So. 36 West 140 pole to Cypress at the run in Maxwell swamp, thence as the same meanders to the begining, containing in the whole one hundred and fifty acres be the same more or less, it being the contents of a Patent, granted to Alexander Dickson bearing date the fourt day of March 1774 and afterward conveyed by the said Alexander Dickson to Robert Sloan and by the said Robert Sloan to the said Isom Shuffield, reference being thereto had may more fully appear, and one other Tract or parcel of land of the Estate of the said Isom Shuffield on the East side of the No. East River including the Home and part of the improvements where he formerly lived Beging at a water oak & pine on the River Bank above the Landing and runs thence No. 75 Et 36 poles to a stake at the first station of Jipper Coxes 400 acres survey thence down along ther side line of said patent So 45 Et one hundred & eighty six pole to a stake thence along James Lockhearts line So. 75 W. 114 pole to a black jack thence So. 20 Wt. 22 pole to a pine Lockharts Corner of Land Patened by James Picket thence along that line So. 65 Wt. 28 poles to a white oak on the River Bank thence up the RIver by various courses, as it meanders to the first station containing one hundred and fifty acres be the same more or less it being the contents of a patent granted to the said Isom Shuffield reference being thereunto Had may more fully appear, and also one other Tract containing one hundred acres by Patent near or joining the back corner of 400 acres survey Patened by Jesser Cox supposed that a part thereof is covered by old patents, reference to the Patent for the courses thereof will more fully appear which said four Tracts of parcels of land containing in the whole five hundred acres more or less the said Sheriff did advertise according to Law and expose the same for sale at Publick vandue on the fourteenth day of January in the year aforesaid and the said Auston Bryan appearing upon the premises ond the day aforesaid Did bid off the said four sundry Tracts of Land containing five hundred acres more or less at the sum of Ninety eight pounds six shilling and was the last and highest bidder. Now this Indenture witnesseth that the said James Pearsall Sheriff of DUplin County by virtue of and in pursuance of his said office, and the Writ aforesaid and for and in consideration of the sum of Ninety eight pounds six shillings to the said James Pearsall in hand paid before the sealing and Delivery of these presents, the Receipt whereof the said James Pearsall doth hereby acknowledge hath granted bargained sold alliened enfeoffed assigned set over conveyed and confirmed by virtue of his said office and in Pursuance of the writ aforesaid as fully as he can, and is thereby impowered and enabled Doth by these presents grant bargain and sell allien enfeoffe transfer assigns and set over unto the said Auston Bryan all the aforesaid four Tract or Parcels of Land situate lying and being as before described with all the woods, waters, profits and advantages whatsoever to the said four Tracts of Land and part and parcel thereof Excepting only all the white oak water oak and red oak Timber on the Tract of one hundred and fifty acres lying in the fork of the said North East River and Maxwell creek which was by the said Isom Shuffield in his life time sold to Robert Slon and conveyed to him by a Deed bearing date the thirteenth day of December 1788 referonce being there unto had may more fully appear, and was now excipted by the said James Pearsall in the present sale the said Auston Bryan and all the estate right and title interest property and demand, whatsoever of the said Robert Dickson Admr. as aforesaid of the heirs of the said Isom Shuffield, therein, To have & to hold the said lands mentioned or Intended to ge granted, sold alliened transfered, conveyed, confirmed, assigned and set over unto the said Auston Bryan his heirs and assigns forever, and in as full and ample a maner as the said James Pearsall Sheriff of Duplin County aforesaid by virtue of his said office of Sheriff and in Execution of the writ aforesaid and is hereby enabled to convey alter transfer and change the same, and the said James Pearsall Sheriff of Duplin County aforesaid, will warrant and defend the said bargained premises unto the said Auston Bryan his heirs and assigns against the said James Pearsall and his Heirs and against every other person or persons claiming under him the said James Pearsall his heirs or assigns so far as he is impowered or enabled by Virtur of his said office of Sheriff and in pursuance of the Act of Assembly in such case made and provided. In witness whereof the said James Pearsall hath hereunto set his hand and seal the day and year first above written. Signed sealed and James Pearsall Sheriff Delivered in the presence of David Murdock John Dicskon State of No. Carolina Duplin County April Term 1789 Then was the within Deed acknowledged in open Court and ordered to be Registered. Test W. Dickson C. C.

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