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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