Bladen County NcArchives Deed.....Howe, Job - Swann, Samuel  1736
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File contributed for use in USGenWeb Archives by:
William Brackett brackettwilliam@yahoo.com April 27, 2008, 6:11 pm

Written: 1736

The State Records of North Carolina, by Walter Clark, Volume XXIV Laws 1777-
1788, published in 1905 contains the following on page 848-49:   

"Chapter XLVI.  An Act to Confirm unto Richard Dobbs Spaight an Indefeasible 
tilt to Certain Lands therein mentioned in Bladen County.  

Whereas Richard Dobbs Spaight, Esquire of Craven County, hath represented to 
this present General Assembly, that Samuel Swann, Esquire, deceased, obtained 
a grant from the late Lords Proprietors of Carolina bearing date the twentieth 
day of October, one thousand seven hundred and twenty-eight, of six hundred 
and forty acres of land in Bladen county, then part of that district called 
Bath county, lying on the south side of the north-west branch of Cape-Fear 
river, being a place then commonly known by the name of Perlemburg:  Beginning 
at a birch, the late Richard Singletary's lower corner tree, and running south 
sixty west in the said Singletary's line three hundred and forty poles, thence 
south sixty east three hundred and ten poles, to the line of Cornelius 
Harnett, deceased, thence down along his line north sixty east to an ash, his 
supposed corner tree, thence up the meanders of the river to the first station.

And whereas the said Samuel Swann afterwards sold the said lands among other 
thing to Job Howe, Esquire, deceased, by deed poll bearing date on or about 
the year one thousand seven hundred and thirty-six; and the said Job Howe in 
and by his last will and testament, devised the lands herein before described 
to his own sons, Thomas Clifford Howe and Arthur Howe, their heirs and assigns 
forever equally to be divided between them:  

And whereas the said Thomas Clifford Howe and Arthur Howe, did by mutual 
consent and agreement make partition of the said lands between them, and each 
of them possessed his respective share of the said lands after the division of 
said lands, in severalty, agreeable to the last will of their said father:  

And whereas the deed poll before mentioned, executed by the said Samuel Swann 
to the said Job Howe, having been lost or mislaid, he the said Samuel Swann, 
by indenture tripartite, bearing date fourteenth day September, one thousand 
seven hundred and sixty-seven, made between him the said Samuel Swann of the 
first part, the said Thomas Howe of the second part, and the said Arthur Howe 
of the third part (Therein reciting more fully all the facts and circumstances 
herein before set forth) did remise, release and forever quit claim unto the 
said Thomas Howe, then in his actual possession and seizen, and to his heirs 
and assigns forever, among other things, three hundred and twenty acres of 
land, being one moiety or half part of the lands herein before mentioned and 
described (being the lower half part) as the same was laid off and  divided 
agreeable to the plan thereof annexed to the said indenture:  

And whereas the said Thomas Clifford Howe, by indenture bearing the date on or 
about the year one thousand seven hundred and fifty-eight, or one thousand 
seven hundred and fifty-nine, bargained, sold and conveyed to Richard Spaight, 
Esquire, deceased, (father of the said Richard Dobbs Spaight) who died 
intestate, the same three hundred and twenty acres of land, with the 
appurtenances to hold to him the said Richard Spaight, his heirs and assigns 
forever:  Beginning at a white oak, Harnett's upper back corner tree, running 
thence north sixty west one hundred and fifty-five poles, then north sixty 
east three hundred and forty-eight poles to the river, thence down the 
meanders of the river to an ash, Harnett's upper corner tree on the North-west 
River, thence south sixty-west three hundred and forty-eight poles to the 
beginning; which said last mentioned premises with the appurtenances were 
actually in the possession and seizen of the said Richard Spaight in his 
lifetime, and hath continued to this time in the possession of the said 
Richard Dobbs Spaight, and during part of his minority hath by his guardian 
been rented out as his property, and in the neighbourhood thereof is 
universally acknowledged to be part of his estate:  

And whereas by the long minority of the said Richard Dobbs Spaight, the death 
of one of his guardians, and the removal from this country of the other, and 
the calamities and confusion of the late war or by some other causes, the 
conveyance of the said Thomas Clifford Howe to the said Richard Spaight hath 
been lost or mislaid, and the records of Bladen county having some years since 
the conveyance of the said land been consumed by fire, the said Richard Dobbs 
Spaight is left without any legal title to the said lands purchased by his 
father as aforesaid, and hath little more to defend his property than a 
precarious title grounded on possession and supported by verbal testimony, of 
which in the course of human events he must soon be deprived:  For remedy 
whereof, the several facts being made known to the satisfaction of the 
legislature,

I.  Be it enacted by the General assembly of the Sate of North Carolina, and 
it is hereby enacted by the authority of the same, That the said tract or 
parcel of three hundred and twenty acres of land herein last mentioned and 
described, as the same was divided and laid off by a division made between the 
said Thomas Clifford Howe and Arthur Howe, and agreeably to the plat or survey 
thereof annexed to the before recited indenture, made between the said Samuel 
Swann of the first part, the said Thomas Clifford Howe of the second part, and 
the said Arthur Howe of the third part, with the appurtenances, be and the 
same and every part and parcel thereof, is hereby confirmed to the said 
Richard Dobbs Spaight, his heirs and assigns, in full and ample manner as he 
and they can have, hold and enjoy the same; saving and reserving nevertheless 
to all and every person and persons other than the heirs of the said Thomas 
Clifford Howe, all the right, title and interest, which they or any of them 
might have had of, in and to the same, in the same manner as if this act had 
never been made, any thing herein contained to the contrary notwithstanding.  
(Passed Jan. 6, 1787.)"


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