Theophilus Williams To Kilby Faison Deed 1 November 1784
(Transcribed by Joan S Dunn)

Deed Book 1 A Page 72, 73, & 74

Theophilus Williams To Kilby Faison

Deed for 400 acres lands

	This indenture made the first day of November in the eighth year of the American 
Independence, and in the year of our Lord one thousand seven hundred and eighty four, between 
Theophilus Williams Esquire High Sheriff of the County of Duplin in the State of North Carolina,
of the one part and Kilby Faison of the same place of the other part, whereas by a writ of Pure 
Tacia issued from the clerk's office of the County of Duplin bearing date the seventeenth day of
July in the year of our Lord 1782 directing the said Theopilus Williams Esqr. Sheriff of Duplin 
County aforesaid, that of the goods & chattel lands & tenements of Henry McColoch Esqr. or of 
the goods & chattels lands and tenements of Henry Eustace Meculloch Esqr. heir at law to the 
estate of the said Henry McCulloch (now confiscated) of in your Bailywich to be found you cause 
to be made the sum of four hundred and eighty one pounds five shillings specie, which lately in 
the county Court of Pleas & Quarter Sessions at Duplin William McCanne recovered against the 
said Henry McCulloch Esqr. for debt and damages by his petition in virtue of the late act of the
General Assembly in such case made and provided and also the sum of two pounds six shillings for
cost & charges in the said out expended.  Whereof the said estate is liable as appears to us of 
record & and the moneys by you so made of the estate of the said Henry McCulloch or Henry Eustas 
McCulloh aforesaid, you have before the justices of the County Court of Pleas & Quarter Sessions
to be held for the County of Duplin at the Court House in Duplin on the third monday of October 
next, there & there to satisfie and pay the said William McCanne his damages cost and charges 
aforesaid together with your own fees for this service etc.  By virtue of which said writ of 
Pien Facias the said Sheriff did enter upon and into his possession a certain tract of land on 
the east side of the six runs & upper side of Gaylor's Branch.  Begining at a water oak and 
white oak on the bank of the six runs creek at James Faisons lower corner, and runs thence 
along James Faison's line So. 75 Et. 20 poles to a white oak in the lowe grounds, thence the 
same course and continued along his line So. 75 Et. 414 to a large pine James Faison's corner 
on Joseph Herrings's line thence along Joseph Herring's line So. 16 Et. 174 pole to a black 
gum on the run of Gaylor's Branch joining Daniel Nance's & Curtis Ive's lands at the run meanders
to a cypress at the mouth thereof at the creek thence up the six runs as the creek meanders to 
the begining and containing in the whole four hundred acres which being the property of the said
Henry Eustace McCulloh, heir at lw to the estate of the said Henry McCulloh, the said Sheriff 
did according to law advertize & expose the same to sale on the first day of November in the 
year of our Lord 1782 and the said Kilby Faison being then and the present on the premises on 
the said first day of November aforesaid did bid off the aforesaid tract of land at the sum of 
ninety pounds specie & was the last and highest bider.  Now this indenture witnesseth that the 
said Theophilus Williams High Sheriff of Duplin County aforesaid by virtur of and in puntuance 
of his said office and the writ aforesaid and for and in consideration of the said sum of ninety
pounds specie to the said Theophilus Williams in hand paid before the sealing and delivery of 
these presents the receipt whereof the said Theophilus Williams doth hereby acknowldee hath 
granted bargained & aliened enfeoffed assigned set over conveyed and confirmed by virtue of his 
said office and in pursuance of the write aforesaid as fully as he can and is hereby empowered 
and enabled doth by these presents grant bargain sell alien enfeoff transfer assign & set over 
convey & confirm unto the said Kilby Faison all the aforsaid tract of land containing four 
hundred acres situated lying and being as before mentioned with all the woods profits and 
advantages wharsoever to the said four hundred acres of land and every part & parcel thereof & 
all the estate right title interest claim or demand of the said Henry McCulloh of Henry Eustace 
McCulloch, therin to have & to hold the said tract of land herein mentioned or intended to be 
granted sold aliened transfered set over assigned conveyed & confirmed unto the said Kilby 
Faison his heirs and assigns forever to the only proper use benefit & behoof of the said Kilby 
Faison his heirs & assigns forever in a full and ample manner as he the said Theophilus Williams
Sheriff of Duplin County aforesaid, by virtue of his said ofice of Sheriff and in execution of 
the write aforesaid, and is hereby enabled to convey after transfer and change the same, and the
said Theophilus Williams doth covenant promise and agree to and with the said Kilby Faison is 
heirs and assigns that he the said Theophilus Williams Sheriff of Duplin County aforesaid will 
warrant and defend the said granted and bargained premises unto the said Kilby Faison his heirs 
& assigns against every other person or persons claiming under him the said Theophilus Williams 
his heirs or assigns so far as hi is empowered & enabled by virtue of his said office of Sheriff
and in persuance of the act of Assembly in that ease made and provided.  In witness whereof the 
said Theophilus Williams hath hereunto set his hand & seal the day and year first above written.
				Theophilus Williams

Signed sealed & delivered in presence of
				Michael J. Kenan
				James Thomson

State of No. Carolina, Duplin County, October Court 1784.
Then was the within deed proved in open court by the oath of James Thomson and ordered 
to be registered.

	Test			W.Dickson, C.C.






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