1752 Deed - Granville to William Reeves
Granville County, North Carolina
Deed Book C, Pages 342-344
Written 1 May 1752
Recorded 7 May 1757
Transcription
THIS INDENTURE made the first day of May in the year of our Lord one thousand seven hundred and fifty two and in the XXIX 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 and Knight of His most noble Order of the Garter of the one part and William Rieves (sic Reeves) of Granville County of the province of North Carolina planter 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 and consideration of the sum of three shillings procl. money to the said John Earl Granville in hand paid by the said William Rieves (sic 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 William Rieves (sic 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 from himself and his heirs give grant bargain sell and confirm unto the said William Rieves (sic Reeves) his heirs and Assigns for ever all that piece and parcel of Land situate lying and being in the Parish of St. John and County of Granville in the Province of North Carolina in America on both sides of fishing Creek begining at a white Oak on the N. side of Creek thence N - 380 Po. to a white Oak then Wt. 220 po. to a Hiccory thence So. 380 Po. to a white Oak then Et. to the beginning containing in the whole five hundred & twenty five acres 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 privilege 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 William Rieves (sic 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 twenty shillings & ten pence ½ which is at the rate of three shillings Sterl. or four shillings proclat. 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 William Rieves (sic 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 William Rieves (sic 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 twenty shills & ten pence ½ by half yearly payments as aforesaid and further that he the said William Rieves (sic 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 provided always and it is hereby expressly declared and agreed by and between the said parties hereunto that if it shall happen that the said yearly Rent of twenty shills & ten pence ½ or any part thereof shall at any time hereafter be behind or unpaid by the space of twenty one days next over or after any of the sd feast days before limited and appointed for payment thereof, and no sufficient distress can be found on the Premises to levy such Rent and Arrears with the charges of such Distress or if the said William Rieves (sic Reeves) his heirs or Assigns shall not within the space of three years after the date hereof clear and cultivate the land above granted according to the proportion of three acres for every hundred that then and (illegible) of the said cases this present Grant and all Assignments thereof shall be utterly void and of none effect and it shall be lawful for the said Earl his heirs or Assigns to regrant the same to any other person or persons whomsoever as if this Grant of any Assignment thereof had never been made IN WITNESS whereof of the parties above named and 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 the Honble Jas. Innes & Fras. Corbin 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 Earls title and then Seal and deliver the same as his the said Earls Act and Deed in the presence of us who in their presence have hereunto subscribed our names as Witnesses.
Granville (L.S.) by
Alexd. McCulloch James Innes
David Hunter Fras. Corbin
This Deed was proved on the Oath of Alexander McCulloch Esqr. one of the subscribing Witnesses thereto this 7th day of May 1757 before me Peter Hanley C.J. Let it be Registered.
Truly Registered
Willm. Eaton Publ. Regr.