1749 Deed - Granville to Malachi Reeves
Granville County, North Carolina
Deed Book C, Pages 1-4
Written 25 Mar 1749
Recorded 2 Mar 1756
TranscriptionTHIS INDENTURE made the twenty fifth day of March in the year of our Lord one Thousand seven hundred and forty nine and in the twenty second year of the Reign of our Sovereign Lord George, the Second by the Grace of God of Great Britain France and Ireland King Defender of the Faith & Between the Right honorable John Earl Granville Viscount Cartaret and Baron Cartaret of Hawns in the County of Bedford in the Kingdom of Great Britain and one of the Lords of His Majesty’s most honourable Privy Council of the one part, and Malachi Reeves of Granville County of the other part WHEREAS his said most excellent Majesty King George the Second in and by a certain Indenture bearing date the seventeenth day of September in the eighteenth year of his Reign and the year of our Lord Christ one thousand & seven hundred and forty four and made between his said most excellent Majesty of the one part and the said John Earl Granville by the Name Stile and Title of the Right honourable John Lord Cartaret of the other part Did for the Consideration therein mentioned Give and Grant Release Ratify and Confirm unto the said Earl (by the name of John Lord Cartaret) and his heirs and assigns for ever, a certain District Territory or Parcel of Land in the Province of North Carolina in America and all the Sounds Creeks Havens Ports Rivers Streams and other Royalties franchises privileges and Immunities within the same as they are therein set out allotted and granted and confirmed to the said John Earl Granville by the name of one eighth part of the Provinces of South and North Carolina as by the said Indenture duly Enrolled in His high Court of Chancery in Great Britain and in the Secretary’s Office of the Province of North Carolina relation being thereunto had will amongst other things more fully and at large appear - NOW THIS INDENTURE Witnesseth that as well for in Consideration of the sum of three shillings proclamation money to the said John Earl Granville in hand paid by the said Malachi Reeves at or before the ensealing and delivery of these presents the receipt whereof he the said Earl doth hereby acknowledge as also for and in Consideration of the Rents Covenants Exceptions Provisoes and Agreements herein after mentioned reserved and contained and by and on the part and behalf of the said Malachi Reeves his heirs and Assigns to be paid performed observed and kept he, the said Earl, hath given granted bargained sold and confirmed and by these presents doth give grant bargain sell and confirm unto the said Malachi Reeves his heirs and Assigns for ever all that piece and parcel of Land situate lying and being in the Parish of (omitted in original) and County of Granville in the Province of North Carolina in America on both sides of Tabbs Creek begin at a Pine on the East side the Sd. Cr thence run. S 350 pole, to a Hickory thence W. 186 pole to a White Oak thence N 350 pole to a Hickory thence left to the beginning containing in the whole four hundred acres of Land all which premises are more particularly described and set forth in the plan or map thereof hereunto annexed together with all Woods Underwoods Timber and Timber trees Lakes Ponds fishings Waters Water courses Profits Commodities Appurtenances and Hereditaments whatsoever thereunto belonging or in any wise appertaining together with the privileges of Hunting Hawking and Fowling and of taking catching and making use of all sort of Game in and upon the premises hereby granted and all Mines and Minerals whatsoever therein to be found (except and always reserved out of this present Grant unto the Kings most excellent Majesty, his heirs and Successors one fourth part of all the Gold and Silver Mines to be found in or upon the premises, and also except and reserved thereout unto the said John Earl Granville his heirs and Assigns one moiety or half part of the remaining three fourths of all such Gold and Silver Mines as shall be found in or upon the said premises and one moiety or half part of all other Mines and Minerals whatsoever and all white pine trees growing or hereafter to be found growing thereon TO HAVE AND TO HOLD the said piece or parcel of Land and all and singular other the premises hereby granted with the appurtenances, except as before excepted, unto the Said Malachi Reeves his heirs and Assigns forever, YIELDING and paying therefore yearly and every year for ever unto the said Earl his heirs and Assigns the yearly Rent or Sum of sixteen shillings which is at the rate of three shillings Sterling or four shillings proclamation money for every hundred acres at or upon his two most usual feasts or days of payment in the year that is to say the feast of the Anunciation of the blessed Virgin Mary and the feast of St. Michael the Arch Angel in every year by even and equal portions and to be paid at the Court house of the County of Granville aforesaid unto the said Earl or his Deputy Attorney or Receiver for the time being the first payment thereof to be made on such of the said feast days as shall first happen after the date hereof And the said Malachi Reeves for himself his heirs & Assigns and for every of them doth hereby covenant promise and agree to and with the said Earl his heirs and Assigns and to and with every of them by these presents in manner and form following, that is to say, that he the said Malachi Reeves his heirs and Assigns shall and will yearly and every year for ever well and truly pay or cause to be paid unto the said Earl his heirs and Assigns or unto his or their Deputy Attorney or Receiver for the time being on the days and at the place aforesaid the aforesaid yearly Rent or Sum of sixteen shillings by half yearly payments as aforesaid. And further that he the said Malachi Reeves his heirs or Assigns or some or one of them shall and will within three years to be accounted from the day of this date hereof clear and cultivate at the rate of three acres for every hundred acres of the said premises hereby granted and as on from three years to three years for the space of twenty one years from the date hereof or in case he shall omit to clear and cultivate at the rate of three acres for every hundred acres of the said premises for any one three years of the said twenty one years as aforesd that then and in such case he will in lieu thereof erect and build a good dwelling house on some part of the premises hereby granted and also keep a Stock of Cattle on the said premises at the rate of two head for every hundred acres of the said premises provided always and it is hereby expressly declared and agreed by and between all the parties hereto, that if it shall happen that the said yearly Rent of sixteen shillings or any part thereof shall at any time for ever hereafter be behind or unpaid by the space of twenty one days next over or after either of the said feast days before limited and appointed for the payment thereof, (and no sufficient distress can be found on the Premises hereby granted to levy such Rent and Arrears with the Charges of such Distress) or if the said Malachi Reeves his heirs or Assigns shall not within three years to be accounted from the day of the date hereof clear and cultivate the premises hereby granted at the rate of three acres for every hundred acres of the said premises, or shall not within the said space of twenty one years clear and cultivate the premises after the rate of twenty one acres for every hundred acres of the premises hereby granted as aforesaid, nor erect and build a good dwelling house on some part of the premises as aforesaid, or shall not keep a stock of Cattle thereon at the rate of five head for every hundred acres as aforesaid that then, in all, every or any of His cases aforesaid, it shall and may be lawful to and for the said Earl his heirs and Assigns into all and singular the said hereby granted Premises with the appurtenances or into any part thereof in the name of the whole to reenter and the same to have again, retain keep and enjoy as in his first and former Estate and Interest, and the said Malachi Reeves his heirs and Assigns and all and every other person and persons tenents or occupiers of this said premise thereout utterly to expel move and put out, of this Grant or any thing herein contained to the contrary thereof in any wise notwithstanding. IN WITNESS whereof the parties above named have hereunto set their Hands and Seals the Day and Year first above written.
BE IT REMEMBERED that the Day and Year first above written E. Mosely & R. Halton Esqrs. by virtue of a Letter of Attorney and Commission under the hand and Seal of the above named John Earl Granville duly entered and registered in the Secretary’s Office of the Province of North Carolina did in the name of the said Earl sign and subscribe this Grant with the said Earl’s Title and then Seal and deliver the same as his the said Earl’s Act and Deed in the presence of us, who in their presence have hereunto subscribed our names as Witnesses.
Willm Churton, Danl Q. Welden Robt. Halton (S.S.)
At a Court held for Granville County 2 March 1756.
This Deed was proved by the Oath of David Q. (?) Welden one of the Witnesses thereto to be the Act & Deed of Edward Moseley & Robert Halton Esqes. Agents & Attornies for Earl Granville & on Moton (sic motion), it was Ordered to be Registered & Teste Danl Q. Welden C. C.
Truly Registered. Teste
Willm. Eaton, Publ. Reg.