Beaufort-Hyde County NcArchives Deed.....Jordan, Trustee, George W - Selby Jr, John January 26, 1822 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Kathy Wilde wildekat@hotmail.com November 4, 2005, 11:58 pm Written: January 26, 1822 Recorded: May 1822 This indenture of three parts made this twenty Sixth day of January AD one thousand eight hundred & Twenty two between John Selby Jr. of the County of Beaufort State of North Carolina of the first part George W Jourdan of the County of Hyde of the Second part and Zacheus Bell, Jesse Lucas, James Leith, Benjamin M Selby & William Blackledge of the third part, Witnesseth that the Said John Selby Jr party of the first part for and in consideration of One Dollar to him paid by the Said George W Jordan party of the second part the receipt whereof he doth hereby acknowledge and thereof acquit discharge and release the said George his heirs Execrs and admrs and for divers other good and valuable causes & considerations him thereunto moving, hath this day given granted bargained Sold assigned released conveyed and confirmed and by these presents doth give grant bargain Sell assign release convey and confirm unto the Said George W Jordan his heirs Executors admrs and assigns forever all those several tracts and parcels of Land tenements and hereditaments with all the rights privileges Improvements appurt [en]ances, Equity and Equities of redemption to the same in any wise belonging or appurtaining, together with all those several Negroes and other personal property hereinafter particular[l]y mentioned, Set forth and described – Vizt One tract or parcel of Land on Mattamuskeet Lake Containing Three hundred acres be the Same more or less which the said John Selby purchased of the heirs of James Davidson; One other Tract of parcel of Land Bray Bay containing five hundred & fifty acres more or less purchased by the Said Jno. Selby Jr. of the heirs of John Bray; One other tract or parcel of Land on Rose Bay containing Five Hundred acres more or less which the said Selby purchased of William S Bell; One other tract containing Seventy five acres more or less at the head of Mattamuskeet Lake purchased by Said Selby of Jno. Harriss; One other tract containing fifty acres more or less on Swan Quarter purchased of Stephen Searles; One other tract or parcel of land containing Five hundred & fifty acres more or less adjoining the Lands of Asa Bell & others purchased by Said Selby of Ebenr Bell the heirs of Thomas Clark & Morris Bell & Reuben Rue; One other tract containing One hundred acres more or less adjoining the lands of B K Moore which said Selby purchased of Fredk Rue; All the Said Several tracts and parcels of Land situated lying and being in the County of Hyde aforesaid the particular local Situation and boundaries of each to be ascertained by reference to the Several Deeds of Conveyances from the Said Several persons of whom the Same was purchased by the Said John Selby Jr. The following Negroes to wit: Negro Man, George Spiner, Rubin, Pilce, Simon, Wity Daniel John, Old Joe & Tam; negro Woman named Cloe, Rhode, Lucinda, Ellin, Sarah, Sixteen feather Beds, four Dining Tables, four Beaureaus; Twenty four Stool chairs — To have and to hold, the above described Lands Tenements and Hereditaments with all the Rights and privileges aforesaid & the above named Negroes and other personal property to the Said George W. Jourdan his heirs Execurs admrs & assigns forever, In trust, nevertheless and for the uses and purposes herein after expressed covenanted and agreed vizt Whereas the aforesaid Zacheus Bell, Jesse Lucas, James Leith, Benjamin M Selby and William Blackledge parties of the third part have or are about to become bound as sureties for the said Jno Selby Jr to or in a note or obligation or to Several Notes or obligations which are or are intended to be lodged passed or discounted in the State Bank of North Carolina or in one of the branches thereof to the amount of about Seven thousand five hundred Dollars, and whereas the Said Jno Selby Jr is desirous of Securing and Saving harmless the said Zacheus Bell, Jesse Lucas, James Leith Benjamin M Selby and William Blackledge the Several heirs Executors & admrs of and from all loss damage payment detriment and trouble for or by reason of thereof. Now then for it is hereby covenanted and agreed between the parties to this Indenture for themselves their heirs Executors & admrs, that the Said George W Jourdan trustee as aforesaid Shall and may at any time whenever default shall be made by the said Jno Selby Jr his Execurs or admrs in the payment of any one or more instalments or payments required by the said Bank or by any person authorised by said Bank proceed to Sell and Shall and may make Sale for Cash of so much of the property hereby conveyed as aforesaid as shall be sufficient to pay the said Instalment or other payment required as aforesaid together with the cost and damages accrued or Suffered by the Said party of the third part — or either of them, their heirs Executors admrs, The Said Trustee first giving ten days public Notice of the time and place of Such Sale, and the Said Trustee Shall apply the proceeds of Said Sale, first deducting the cost & charges thereof, to the discharge of the Instalments or payments required as aforesaid, and of all Cost and damages and payments made or Suffered by the Said parties of the third part or either of them their heirs Executors & admrs, and the Said Trustee Shall from time to time as Instalments or payments may be required as aforesaid — proceed to Sell & make Sale as aforesaid of such part of the property herein conveyed as Shall be Sufficient to discharge all Such Instalments and payments and all cost payments and damages as aforesaid, and if any Surplus Shall remain after the full and entire discharge of the said Notes or obligations, and of all cost damages and payment as aforesaid then and in that case the Same Shall be conveyed or paid over by the Said Trustee to the said Jno Selby Jr his heirs Execurs admrs and assigns, and it is further hereby agreed that untill a Sale or Sales Shall be necessary as aforesaid that the property herein convyed Shall remain in the care and custody of the Said Jno Selby Jr. In Witness whereof the parties have hereunto Set their hands & Seals day & Date above written. John Selby Jr. G. W. Jordan Zacheus Bell Lucas James Leith Signed Sealed & del in the presence of Thos W Blackledge Sam Smallwood Ebenezer Isler [Jester?] State of No Carolina Beaufort County Court of Pleas and Quarter Sessions, May Term 1822. Then the Execution of the within Mortgage deed was proved by the oaths of the following persons viz Jno Selby Sam Smallwood proved the hand writing of Zacheus Bell Jesse Lucas & James Leith Let it be Regt. Thomas Smaw Clk for Jos B Hinton C Beaufort Deed Book 13, pp. 41-43 Additional Comments: Some punctuation has been added by me to make this deed more readable. File at: http://files.usgwarchives.net/nc/beaufort/deeds/selbyjr47gdd.txt This file has been created by a form at http://www.genrecords.org/ncfiles/ File size: 7.5 Kb