Chowan County, NC - Debt to Alexander Cheshire, 1843 ~~~~~~~~~~~~~~~~~~~~~~ DEBT TO ALEXANDER CHESHIRE (typed from copy of original from Releigh archives) From WILLIAM T. BUSH and brother JOHN T. BUSH of Chowan County NC. 1843 DOCUMENT JUNE 20, 1843 SIGNED BY JOHN BUSH, WILLIAM BUSH, ROBERT T PAINE IN THE PRESENCE OF THOMAS V/ HATHAWAY. CLERKS OFFICE, EDENTON CHOWAN CO. REGISTERED APRIL 12, 1855 BOOK N AND ON PAGES 51,52, 53 NS PERKINS, Registrar. Describes land owned by William T Bush: "a certain tract or parcel of land situated lying on and being in the County of Chowan State of North Carolina in the UPPER DISTRICT in said County being the property of said William Bush whereon he now resides and bounded by the lands of ROUNTREE BUSH on the east by the swamp called BEAR SWAMP and the lands of HUMPHRY AND SHADRACK WARD on the south by SANDY RUN SWAMP and on the west by ** WELCH'S MILL POND containing by estimation 300 acres be the same more or less, also certain personal property of the said William Bush consisting of negro slaves: "Stafford, Bob, Courtney and Mary" Together with the personal years crop of him the said William Bush and all his household and kitchen furniture, his stock of cattle, horses, hogs, (can't read), his carts and tackling, his farming utensils and property of every kind and description, save the debts due to him on bond or otherwise and also one certain parcel of land situte in the middle district in the said county whereon the said John Bush now resides containing by estimation 125 acres to be the same or or less and bounded on the north by the land of EDMUND BRINKLEY, on the east by the lands of JOHN RIDDICK and others, on the south by the lands of MAHALA SIMPSON, and on the west by the lands of ANN ROBERTSON, also certain negro slaves: Dick, Patty, Cynthia, Mariah, Peter and boy Dick" and the present crop upon the last mentioned tract of land of the said John Bush and by him conveyed to the said William Bush by deed bearing date of 30th July 184- and all other property of him the said John Bush save and except the debts due and owing him by bond or otherwise." conveying to "ROBERT T PAINE...public and private sale.. to discharge the aforesaid bond or notes. Held in trust for Alexander Cheshire On the outside page of document: Act sales of the personal and real estate of WILLIAM T BOUSH recorded in Book C p 74. (The only time we see his name spelled Boush in the document.) OUTSIDE OF HAND WRITTEN DOCUMENT: COPY OF A DEED OF TRUST Wm Bush & John Bush to R.T. Paine Trustee State of North Carolina Chowan County. Whereas John Bush & William Bush both of the County of Chowan & State of North Caroline are justly indebted the said John Bush as principal & William Bush as surety to ALEXANDER CHESHIRE of said County by a certain judgment ordered against them the said John & William in the Court of Pleas & Quarter Sessions of Chowan County at the suit of the said ALEXANDER CHESHIRE for the sum of nine hundred and fifty six dollars with interest on Three hundred and fifty six dollars part thereof from the 14th February 1840 in the costs of suit say fifteen Dollars & fifteen cents & whereas upon said judgment execution is now levied in the hands of the sheriff of said county returnable to August Term next of said Court and commission of 2 l/2 percent on the amount due in said execution has accrued to the said William D. Roscoe sheriff aforesaid for levying said execution besides his fees for services of same; and whereas the said John Bush as principal and the said William Bush as surety stands further indebted to THOMAS D. WARREN in the sum of Two hundred dollars eighty seven dollars by bond on note bearing even date with the presents, and whereas the said William Bush as principal and the said John Bush as surety are further indebted to the said THOMAS D. WARREN in the sum of five hundred & forty two Dollars by bond or note bearing even date with these presents, and the said John Bush and said William Bush are anxious & desirous of more effectually securing the aforesaid Judgment & execution & the aforesaid Notes or obligations aw well as each other by reason of the mutual surety ship. Now know all men by these presents that we the said John Bush & the said William Bush severally and jointly for & in consideration of the promises & the further consideration of five shilling to them in hand paid by ROBETRT T.PAINE of said county before sealing and delivering these presents the receipt whereof is hereby acknowledge & therewith satisfied & contented, have granted bargained sold and conveyed & & they therewith satisfied & contented, have granted bargained sold & convey by these presents do grant, bargain sell & convey unto the said ROBERT T PAINE his heirs, executors, administrators & assigns forever the following property to wit, a certain tract or parcel os land situated lying and being in the county of CHOWAN & State of North Carolina in the UPPER DISTRICT of said County being the property of the said WILLIAM BUSH whereon he now resides bounded on the North by lands of ROUNTREE BUSH on the east by swamp called BEAR SWAMP & the land of HUMPHREY & SHADRACK WARD, on the south by SANDY RUN SWAMP & on the west by WELCHES MILL POND, containing by estimation three hundred acres (300) be the same more of less, also certain personal property of the said WILLIAM BUSH consisting of negro slaves, STAFFORD, BOB, COURTNEY & MARY together the present years crop of him the said William Bush & all his household & kitchen furniture, his stocks of cattle, horses & hogs, his Gid(?) & harness, his carts & tackling, his farming utensils & property of every Kind and description save the debts due to him on bond or otherwise and also one other certain piece of land situate in the MIDDLE DISTRICT of said whereon the said JOHN BUSH now resides containing by estimated One hundred and twenty five acres to be the same more or less & bounded on the North by the lands of EDMUND BRINKLEY and on the east by the lands of JOHN RIDDICK and others and on the south by lands of MAHELA SIMPSON and the West by the lands of ANN ROBERTSON also certain Negro slaves DICK, PATTY, CINTHIA, MARIAH, PETER AND BOY DICK and the present years crop upon the last mentioned tract of land, together with household and kitchen furniture, stocks of cattle, horses & hogs Ge’d (?) and harness, carts & tackling, farming utensils now in the possession of the said John Busy and by him conveyed to the said William Bush by and bearing the date of 30th July 2850 & all other the property of him the said John Bush save and except the debts due & owing to him by bond or otherwise, To have and to hold the above described xxx (illegible) tract of land & all other the property described in the promise and the interest of them the said William & John Bush in the above described last tract of land together with the above named negroes crops & personal property him the said ROBERT T PAINE his heirs, executors administrators and assigns forever. In trust nevertheless that the said ROBERT T. PAINE, shall whenever he shall deem it advisable in the interest of the parties herein secured expose the same to Public sale after advertising said property at least twney days in said County of the said John Bush or the said William Bush shall agree he may sell all or a part of said property herein conveyed at private sale & the money arising from the sale together either at public or private sale the said ROBER T PAINE shall apply find to the discharge & extinguishment of the aforementioned execution & judgment & all costs & commissions due them & all the interest further to accrue there on & after fully paying off & discharging the same the residue and if any shall apply to the discharge of the several notes or bonds due to the said THOMAS D. WARREN as above described and all interest that may accrue thereon & out of the residue if any he shall retain a sufficient compensation for drawing these presents & executing the trusts therein declared & the residue if any after satisfying the aforesaid judgment & execution & all costs & commissions pay over to the said JOHN BUSH & the said WILLIAM BUSH as the property of each shall have been more than sufficient to have discharged the debt where he is principal after paying the debts where either or both are sureties on to their executors & administrators & it is expressly understood that until the above described property herein conveyed or any part thereof be wanted for sale thereof the same shall remain respectively in the possession of the said JOHN BUSH & said WILLIAM BUSH as is now is subject to be out of their or either of their possession when required by the said ROBERT T PAINE & it is further agreed that the said ROBERT T PAINE shall be responsible only gross neglect in the premises. In witness whereof the parties to these presents have hereunto set their hand & seals the 20th day of June 1843 in the presence of T.V. HATHAWAY JOHN BUSH SEAL WILLIAM BUSH SEAL ROBERT T. PAINE SEAL State of North Carolina Clerk office Edenton Chowan County 20th June 1843. Before me THOMAS V. THATHAWAY clerk of Chowan County Court personally aforesaid JOHN BUSH, WILLIAM BUSH & ROBERT T PAINE and acknowledged the due execution of the foregoing instrument of writing to be their act and deed for the purposes herein mentioned. Let it be registered. T.C.WHIBER Regs C.C. this 22 June 1843. T.V. HATHAWY CLERK Certificate: Edenton Chowan County state of North Carolina April 12, 1855. I hereby certify that the foregoing instrument of writing is a true Copy of the Record, Recorded in this office in Book in N.O on pages 51, 52, 53. N.S. PERKINS Reg CC Account of Sale of the property belong to the ESTATE OF WILLIAM T. BUSH deceased, son on Saturday 6 Day of Sept 1851, Terms as follows all Sums under Three Dollars Cash all Sums of Three Dollars and over Six months credit by the purchasers giving bond with approved security By DREW WELCH Admin. One hand saw THOMAS DEANES 1.30 One hand saw ELISHA BUSH .75 One hand axe ISAAC BYRUM, JUN. .66 One hand plain ELISHA BUSH . 37 ½ Box Gimblets & Bits THOMAS DEANE 1.12 ½ One J Plain ISAAC BYRUM, JUNIOR . 60 ONE j Plain TIMOTHY WARD . 26 2 SQUARES THOMAS DEANES .12 L/2 ONE PLAIN & SAW HALSEY HOBBS .30 4 Chisels ISAAC BYRUM,JUNIOR .45 1 Lot Gages THOMAS DEANES .15 1 Lot Trumpery THOMAS DEANES .15 1 chest & contents THOMAS DEANES .40 1 saw set ISAAC BYRUM JUNIOR .15 1 chest and contents HALSEY HOBBS .12 1 Lathe ELISHA BUSH .50 gouge & chisels ELISHA BUSH .17 1 Bunch screws ELISHA BUSH .02 $8.19 DREW WELCH Admin. On the outside: Acct later of the personal & real estate of WILLIAM BUSH recorded in Book C p. 74 ROBERT T. PAINE TRUSTEE in acct with ESTATE OF WILLIAM T. BUSH 1845 Down Page cut off May 6 to sale of NORMAN, PATTY & 2 children, PETER & DICK TO T. NORCOM 335.25 Of CHNTHIA to J.R LENNUTT 228.50 Of MARIAH to ditto 120.00 May 7 of ? to ALEXANDER CHESHIRE 85.00 Of MAN BOB TO W.H. ELLIOTT 500.00 Of WOMAN MARY to W.H. ELLIOTT 300.00 To suit on above am $1567.75 to Oct 5/55 979.84 Sale of STAFFORD to W.H. ELLIOTT 475.00 Int on $475 to Oct 8/55 292.12 1850 May 14 to sale of Chattel property 257.12 Int on debt Oct 8/55 60.16 Sale of Land to JNE C. TROTMAN 900.00 Interest on same to Oct 8/55 235.10 June 28 Sale of Negro girl 450.00 Interest on same to Oct 8/55 115.55 ------------- $5330.64 By ? 5222.80 Balance due trust fund 107.84 Paid into court 12 Oct 1855 The Master which the above statement of the Trustee’s Account & reports the balance due from him to be $107.84 RESPECTFULLY THO C MANNING ELISHA T. BUSH buying at the sale (full name ELISHA TWINE BUSH) was the son of WILLIAM T. BUSH AND MARTHA TWINE. ALEXANDER CHESHIRE married SARAH HOSKINS in Chowan co NC Mary 4, 1833 Bondsman: Richard H. Thompson ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Mary Lou Wolfarth ___________________________________________________________________