Bertie County, NC - Deeds - Edward Howcutt to James Potter, July 20, 1738 USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be freely used by non-commercial entities, as long as this message remains on all copied material. These electronic pages cannot be reproduced in any format for profit or other presentation. File contributed for use in USGenWeb Archives by Lorene Rambo hocott@aol.com Transcriber Note: This area of Chowan later became part of Bertie County. ========================= Deeds of Chowan County, North Carolina Book W, p. 380 Edward Howcutt to James Potter, July 20, 1738 North Carolina This Indenture made the 20th day of July in the year 1738 Between Edward Howcutt of the province of Chowan and precinct (?) aforesaid planter of the one part and James Potter of Edenton of the province aforesaid Joyner of the other part. Whereas in and by a certain Deed and Patent bearing date the Nineteenth Day November 1730 made by the Governor and Councell aforesaid according to a Grant Deed of _____ bearing date the first day of May 1668 and given to the County of Albemarle under the hand and great seal of the said Province did give and grant unto the said Edward Howcut aforesaid a certain Tract of land containing three Hundred and forty six Acres lying in Chowan aforesaid at Green Hall beginning at a white Elm Eln. Sadlers corner then N forty six East pole to a gum then W Eighty three East fiftysix pole to a red Oak, then W fifty five East twenty pole to a red oak W eighty three East Ninety two pole to a white oak then fifty five East fifty two pole to a white oak then W One Hundred and Eighty pole to a Gum in the Creek Swamp then N. forty with one hundred forty four pole to a Red Oak then west forty four Pole to a red Oak then W fifty six west fifty pole to a Gum then N seventy west Twenty pole to a Hickery in a Sadlers line then N forty East Two Hundred and Sixty pole to the first Station which ______and was Surveyed by Jno Chandler Deceased and by the ______ of Jno. Chandler assigned and Transferred to the said Edward Howcut as by the said assignment may more fully appear to hold the said Land with all the Rights and priviledges of Hunting Hawking Fishing and Fowling with all woods water rivers and all profits commodities and heriditaments to the same belonging or appertaining Except one half of all Gold and Silver Mines unto him the said Edward Howcut his Heirs and assigns for Ever in as large and ample manner to all Intents and purposes as in and by the first mentioned Deed is granted or Intended yielding and paying unto the Lord/Proprietors their Heirs and Successors yearly every year the fee rent of One shilling for Every fifty Acres here before granted to be holden of the Lords/proprietors their Heirs Successors in free and comonage ______________ as by the said recited Deed or Patent may more at large appear now this Indenture witnesseth that the said Edward Howcut for and in consideration of four hundred pounds Current Money of the said province to them in hand paid by the said James Potter before the Ensealing and Delivery hereof the Receipt where of he doth hereby acknowledged there of and of every part and parcel thereof doth fully and clearly and absolutely acquit Exonerate and discharge the said James Potter his Executors and Administrators by these presents __________ for Divers other good Causes and Considerations him thereunto moving hath granted Bargained Sold Aliened assigned En_ and Confirmed and by these presents do thereby grant Bargain Sell Alien Sell and Confirm unto the said James Potter and his Heirs all that piece or parcel of land containing by Estimate Three Hundred and forty six acres or thereabouts Butted and bounded as the same is with ________ or Expressed Excepting forty acres or thereabouts be the same lying and being within the patent aforesaid beginning at a maple in the headline running W. forth Degrees East to line now belonging to the Heirs of W. Bonner then along that line to a Gum on the W _____ Root Swamp then the several courses of the Patent to the first mentioned Maple together with the said resident patent as also said Deed of assignment of the Principality before mentioned in the said Patent contained and thereby mentioned to be made from the Heirs of Jno Chandler to the said Edward Howcut and his Heirs and assigns lying and being in the ___________ aforesaid together with all Buildings Orchards and Gardens that are adjoining and belonging and also the Reversion and Reversions Remainder and Remainders Right Estate Title Interest Benefit claim and Demand whatsoever of him the said Edward Howcut of __________________ Singular premisses aforesaid and of in and to every part and parcel thereof Except before Excepted to have and to hole all and singular the premises herein before mentioned and Extended to be hereby granted with their ____ of their ___ Except before Excepted unto the said James Potter his Heirs and assigns forEver together with the said Patent and Deed of Assignment as aforesaid to the only use and behoof of him the said James Potter his Heirs for Ever and the said Edward Howcut for himself and His Heirs all and singular the _________ with their and every of their apps Except before Excepted unto the the said James Potter his Heris and assigns against him the said Edward Howcut his Heirs and assigns as also against all other persons whosoever shall and will warrant and for Ever defend by these presents also of and from all manner of quit Rent and quit Rents that shall and may be due to the Lord Proprietors of the said aforementioned for or concerning the same in any manner of wise to this day of the date here of shall and will also warrant save harmless and Defend by these presents In Witness whereof the said Edward Howcutt have to the present Indenture of Bargain and Sale hereunto set my hand and Seal the day and year within Written. Signed: Edward Howcutt North Carolina This day appeared before me Will Smith _ Cheif Justice of the __________ aforesaid Edward Howcutt in the within Deed and made oath on the Holy Evangelist of Almighty God that he signed and acknowledged the within ______ of Writing as his free and voluntary Act and Deed to the use within mentioned and that he hath received the consideration money herein mentioned for the same taken and acknowledged before me the 18th day of July 1738. Signed: W. Smith, Chief Justice