Beaufort County NcArchives Deed.....Shaw, Matthew - Smaw, Thomas August 25, 1825 ************************************************ 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 5, 2005, 1:41 am Written: August 25, 1825 Recorded: August 1825 This Indenture made the 25 day of August 1825. Between Thomas Smaw of the one part, Matthew Shaw of the second part and William Ellison of the third part all of the County of Beaufort and State of North Carolina: Witnesseth that the said Thomas Smaw for the purpose of securing the payment of the following debts and demands, at the time and times when the same Shall become due and payable, according to the liability of him the said Thomas Smaw, Vizt, to Secure the payment of one note dated the 24th day of August AD 1825. payable one day after date to James and William Ellison, for the Sum of two hundred and fifty Dollars, signed by him the said Thomas Smaw; also one other note dated the 12th day of March AD. 1824, payable thirty days after date to James Ellison for the sum of eighty five dollars and also for the purpose of Securing and indemnifying the said William Ellison from any loss damage or molestation, either by suit or demand, by reason of his having become my Security to one note dated some time in January AD. 1823 payable twelve months after date to William Vines and William Hill as Executors of the Estate of Thomas Bowen for the Sum of Seventy Seven Dollars and fifty cents or thereabouts, and also one other note dated some time in January A.D. 1824 payable to the said Williams and William Hill as Executors of Said Thomas Bowens Estate, due twelve months afterdate, and for the Sum of Seventy Seven dollars and fifty cents (77.50/100) or thereabouts: to both of which notes, the said William Ellison has become my security, and for and in consideration of the Sum of five Shillings to me in hand paid by Matthew Shaw aforesaid at and before the Sealing and delivery of these presents, the receipt wherof I do hereby acknowledge and for divers other good causes and considerations as well as the payment of the Said Sum of five Shillings to him the said Thomas Smaw, by him the said Matthew Shaw, moving him the said Thomas Smaw; he the said Thomas Smaw hath Granted bargained Sold and conveyed and by these presents doth grant bargain Sell and Convey unto the Said Matthew Shaw his Executors admrs and assigns forever, one Negro man Slave named Jack, about twenty five years of age, one N[e]gro man Slave named Jim about the same age and one Negro Boy named Dak a Slave aged about fifteen years; To have and to hold the said Slaves to him the said Matthew Shaw his Executors admrs and assigns: Provided that this deed is upon the following trust and conditions, Vizt. that the said Matthew Shaw, his Executors, as his administrator or administrators or his assigns, Shall and May, and the said Matthew Shaw or his Executor or Executors, his administrator or his administrators, or his assigns — is hereby empowered and authorised at any time after the third day of January AD 1826 and on being requested so to do by said James Ellison or Said William Ellison, to Expose the said Negro Slaves to Sale at public auction at the Court House in the Town of Washington, first giving twenty days notice of the time and place of Sale, by advertisement in the County of Beaufort and the said Slaves to Sell for the best price that can be had therefor for cash, and to Execute good and Sufficient deeds to the purchases thereof and the money arrising from the said Sale of said negroes, & apply on the payment of the debt and Securities herein before describe, to the parties entitled thereto, and the surplus, which shall remain after paying off the said debts and securities as aforesaid, and the reasonable and proper charges and expenses for conducting said sale, to be immediately paid over to the said Thomas Smaw. And also, if the said Thomas Smaw do and Shall well and truly pay off and discharge the said debts and securities, at the time and times when the sale shall become due and payable then the above deed and every part thereof to be null and void and also, if he shall pay off and discharge the said debts and Securities on or before the 3rd day of January 1826, then this deed to be void. In Testimony whereof the parties to these presents have hereunto Set their hands & Seals this the day and year above written. Thomas Smaw Matthew Shaw Wm Ellison Signed Sealed and delivered in the presence of Thomas Ellison— The word “Seven” interlined before signed. At August Term 1825. Then this deed from Thomas Smaw to Matthew Shaw, was proved by the oath of Thomas Ellison a subscribing Witness thereto let it be registered. Jos. B. Hinton Clk Beaufort Deed Book 13, pp. 514-515. File at: http://files.usgwarchives.net/nc/beaufort/deeds/smaw49gdd.txt This file has been created by a form at http://www.genrecords.org/ncfiles/ File size: 5.2 Kb