Thos. J. Kinnear Shff to Thos Davis Jas Williams junr & Yates Brooks Deed 17 July 1839

Thos. J. Kinnear Shff to Thos Davis Jas Williams junr & Yates Brooks Deed 17 July 1839

(Transcribed by Joan S Dunn) Deed Book 12 Page 21, 22 & 23 Thos. J. Kinnear Shff to Thos Davis Jas Williams junr & Yates Brooks Deed for 115 acres This Indenture made the seventeenth day of July AD 1839 between Thomas J. Kinnear former high Sheriff in and for the County of Duplin in the State of North Carolina of the one part and Thomas Davis James Williams Jr and Yates Brooks of the State & County aforesaid of the other part Witnesseth that the said Thomas J. Kinnear sheriff as afroesaid by vertue am in pursuance of the commands of two writes of Firefaciares issued fro, Court of Pleas & Quarter Sessions for the County of Duplin aforesaid tested of April Term 1839 of said Court and returnable to July Term 1839 of the same and to me directed and delivered one in favor of Owen R. Kenan Guardean to the heirs of Stephen Graham decd & the other in favour of James B Carroll Admon of Stephen Graham to the use of Owen R Kenan the first above mentioned against Buckner Parker Thomas Davis & James Williams Junr & the last against Buckner Parker Yates Brooks & John McCann by his Deputy J H Judge levied said srits of fine facias on the Lands of Buckner Parker on the 24th May 1838 lying on the East Side of the North East River on or near Muddy Creek Swamp joining the lands of William M Cann decd James Lanier & others and after due advertisement there of did on the 16th day of July AD 1838 espose to sale at public auction at the Court House in Kenansville between the hourse of eleven in the forenoon & four in the afternoon the lands aforesaid herein after more perticularly discribed at whitch time place Owen R. Kenan became the last & highest bideer in the sum of fifty Dollars & has assigned his bid for said land to the aforesaid Thomas Davis James Williams Jr Yates Brooks Now there fore This Indenture Witnesseth that the said Thomas J Kinnear for and in consideration of the premises and of the said sum of fifty dollars to him paid the recipt & payment whereof is hereby acknowledged confirmed & by these presents doth give grant bargain sell alien release & confirm unto the said Thomas Davis James Williams Jr and Yates Brooks & there hiers the afore said tract of Land begining at a Water oak in Briary Branch on Nathan Fountains Line Runs as his line about south (45) forty five west one hundred & Twenty one poles to a pine corner then North for five West twenty Eight poles to a pine on an old line then a long that line South thirty three West Ninety four poles to a pine thence North twenty west Ninty poles to a stake thence North thirty three East one hundred & ninety five poles to a gum and cypress thence about south seventy seven East Twenty two poles to a holly on the Edge of the creek thence up the Run of Creek as it meanders to the mouth of the Briary Branch to an ash then up said Branch as it meanders to the Beginning containing by estimation one hundred and fifteen acres be the same more or less and all the proffits and appurtenances thereunto belonging containing by estimation one hundred and fifteen acres be the same more or less and all the profits and appurtenances then unto belonging to have & to Hold the aforesaid Lands and premises with the appurtenances unto the said Thomas David James William Junr & Yates Brooks & their Heirs to their only proper use & behoof forever And he the said Thomas J. Kinnear Sheriff as aforesaid the aforesaid lands & premises unto the said Thomas Davdi, James William Junr & Yates Brooks & their Heirs against himself & his heirs and all persons whatsoever Shall & will warrant & forever defend by these presents so far as he is authorised & empowered to do by virtue of his office but no Further In Testimony whereof he hath hereunto set his hand & seal the day & year aforesaid Th. J. Kinnear Shff Signed sealed & delivered in presence of Patrick Murphy State of North Carolina Duplin County Court of please and Quarter Sessions July term 1839 The Execution of the within deed is duly proved in open court by the oath of Patrick Murphy the subscribing witness thereunto & is ordered to be Registered Copy N Routledge Rgr test James Dickson Clk

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