DEED: John Clark -to- Martin Colter - 23 Sep 1755 -------------------------------------------------------------------- File contributed for use in USGenWeb Archives by Derick S. Hartshorn" USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. -------------------------------------------------------------------- DEED: John Clark -to- Martin Colter - 23 Sep 1755 This INDENTURE Made the 23d. Day of September in the year of our lord 1755 Between John Clark of the County of Anson in the province of North Carolina of the one part and Martin Colter of the County and province afsd. of the other part Witnesseth that the sd. John Clark for and in consideration of the sum of Eighty pounds current money of Virginia to the sd. John Clark in hand paid the sd. Martin Colter at or before the Ensealing and delivery of these presents ye receipt whereof he the sd. John Clark doth hereby acknowledge and thereof and of every part and parcel thereof doth clearly acquit and discharge the sd. Martin Colter his heirs Execes. and Admines. and every of them by these presents have given granted alienated released and confirmed and by these presents do give grant Alien release and confirm unto sd. Martin Colter his heirs and assigns all that Messuage Tenement, plantation tract or parcel of land situate lying and being in the county of Anson and province of North Carolina Beginning at James Robinson line on No. side of the So. fork of the Cuttawba river and along said Robinson line to ye back line thence to ye upper corner thence to ye river ye various courses of the river to ye beginning containing by computation 400 acres be ye some more or less including the Mill and all it's improvements being ye upper part of one thousand acres granted to ye sd. John Clark together with all and singular the houses edifices buildings Orchards gardens pastures common woods woodlands water water courses mines minerals profits commodities hereditaments and appurtenances whatsoer to the sd. John Clark belonging or in any wise appertaining or therewith all used occupied or enjoyed or accepted reputed taken and known as part parcel and member thereof all which sd. premises are now in the actual possession of him sd. Martin Colter by virtue of one indenture of bargain of sale to him made for the term of one year bearing date the day before this date of the se presents and made between the sd. John Clark of the County and province afsd. on ye one part and the sd. Martin Colter of the other part and by virtue of the statute for transferring uses into Possession and allye Estate Right title intrust use trust property reversion claim and demand whatsoever of the sd. John Clark his heirs and Assigns of in and to ye premises and every or any part and parcel thereof and ye reversion and reversions remainder and remainders yearly and other rents and profits of the premises and of every part and parcel therof together with all and singular deeds evidences writings records exemplification of records excerpts and miniments whatsoever -- Touching and concerning ye sd. premises only or only any part or parcel thereof To Have and To Hold the sd. tract or parcel of land and all and singular other the premises hereinbefore mentioned Meant or intended to be hereby granted alienated released or confirmed and confirmed and every part and parcel thereof w ith their and every of their appurtenances unto ye sd. Martin Colter his heirs and assigns to ye only proper use and behoofe of him ye sd. Martin Colter and his heirs and assigns for ever and ye sd. John Clark for himself his heirs Execes. and Admines. doth convenant promise and agree to and with sd. Martin Coulter his heirs and assigns and every of them by these presents in manner and form following that is to say that the sd. Martin Colter [pg. 178] John Clark at the time of ye ensealing and delivery of these presents is seized of an in ye sd. messuage and all and singular other premises in and by premises granted bargained and sold with all and every their rights members and appurtenances of a good pure perfect and absolute estate of inheritance in fee simple without aney condition reversion or limitation of any use or uses estate or estates in or any person or persons whatsoever to alter change defeat determine or make void the same and that the sd. John Clark at the time of ensealing and delivery of these presents hath full power good power good right and lawful authority to grant bargain sell and convey all and singular ye before hereby granted or mentioned to be granted premises with their and every of their appurtenances unto sd. Martin Colter his heirs and assigns in manner and form afsd. and that he ye sd. Martin Colter his heirs and assigns and every of shall and by force and virtue of these presents at all times hereafter lawfully peaceably and quietly have hold and occupy and possess ye sd. premises and all and singular the before granted premises with their and every of their rights members and appurtenances and have receive take ye rents issues and profits thereof to him and their own proper use and behoof for ever without aney lawful lett suit trouble denial interruption eviction or disturbance of sd. John Clark his heirs or assigns or from any other person or persons whatsoever lawfully claiming by from or under him them or any of them or by his or their means act or consent title interes t privity or procurement and that free and clear and freely and clearly exonerated and discharged or otherwise from time to time sell and sufficiently saved and kept harmless by the sd. John Clark his heirs and assigns of and from all and all manner of former and other gifts grants bargains sales leases mortgages jointures dowers title of lower statute merchant and of the staple recognizance extents judgments --ecns. uses entails rents and arrearages of rent forfeiture fines issues and amerciaments and of and from all and singular other titles incumbencies and demands whatsoever had made committed suffered omitted or done by the sd. John Clark or hid assigns or by any other person or persons whatsoever lawfully claiming by from or under him them the rents and services which from henceforth from time to time shall grow due and payable to Chief Lord or Lords of the fee or fees of the premises only excepted and foreprized and further the sd. John Clark for himself his heirs execs. and admines. doth covenant promise and agree to an with the sd. Martin Colter his heirs and assigns that he sd. Martin Colter his heirs and assigns shall and will at all Times during the space of twenty years next ensuring ye date herof at and upon ye reasonable request and at ye cost and charges in law of the sd. Martin Colter or his heirs or assigns make do and execute all and every such further lawful and reasonable assurances and conveyance in ye law for ye further assuring and conveying all and singular the before granted premises and appurtenances unto the sd. Martin Colter his heirs and assigns as by the sd. Martin Colter or his counsel learned in ye law shall be reasonably advised devised or required provided the sd. John Clark his heirs or assigns be not required to travel above 500 miles from his or their dwelling house to make such assurances IN WITNESS Whereof the sd. John Clark hath hereunto set his hand and affixed his seal the day and year above written Signed Sealed and Delivered in presence of John Willkins John Clark (seal) William Smith James Robinson ----------------------------- Anson County Deed Book Containing - 1755, pg. 178-180, relating to area in present Catawba County]