Johnston County, NC - Deeds File contributed for use in USGenWeb Archives by Elton Cooke 1891 James H. & Sary. P. Cook to Nancy Cook Deed This Indenture Made this 29th day of October in the year of our Lord One Thousand Eight Hundred and Ninety One between J. H. Cook and S. P. Cook his wife of the County of Johnston and State of North Carolina of the first part, and Nancy Cook of the County of Johnston and State of North Carolina of the second part: Witnesseth, That the said parties of the first part for and in consideration of the sum of One Hundred & Fifty Dollars in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, have Bargained and sold, Conveyed and Confirmed, and by these presents do bargain, sell, Convey and confirm unto the said party of the second part, her heirs and assigns, forever, all the following described piece or parcel of land lying and being in the County of Johnston and State of North Carolina and known and designated as follows, viz: adjoining the lands of Guion Earp heirs and others and bounded as follows, beginning at a stake in the road near the old Still place and runs thence S 77 E 114 P. to a stake thence S 113 P. to Buffalo thence up Buffalo & on between the two runs at the road a Pine stump thence up said road 59 Poles to the beginning Fifty Two acres be the same more or less. To Have and to Hold the same, together with all the hereditaments and appurtenances thereunto or anywise appertaining, to her the said Nancy Cook, her heirs and asssigns forever. And the said J. H. Cook & S. P. Cook his wife, parties of the first part, do Covenant with the said party of the second part, her heirs and assigns, as follows. First, That they are the owners and lawfully seized of said premises. Second, That they have good right to convey the same. Third, That the same is free from all incumbrances whatever. And Fourth, That the party of the second part, her heirs and assigns shall quietly enjoy and possess the same and that they will Warrant and defend the title to the same, against all lawful claims. Provided, nonetheless, That if the said J. H. Cook & S. P. Cook of the first part, or their heirs, executors and administrators shall well and truly pay or cause to be paid to the said Nancy Cook party of the second part, her heirs, executors, administrators or assigns the sum of One Hundred & Fifty dollars, according to the conditions of two certain bonds of even date herewith payable 1st Jan. 1893 of $75 & one Jan. 1st 1894 of $75 Then this deed to be null and void, otherwise to remain in full force and effect. But if default shall be made in the payment of either of the said sums of money, or the interest, or any part thereof at the time hereinbefore specified for the payment thereof, the said parties of the first part in such case do hereby authorize and fully empower the said party of the second part, her heirs, executors, administrators and assigns to sell the hereby granted premises at public outcry at the Courthouse door in Johnston County after first advertising the same at three public places in Johnston County and convey the same to the purchaser in fee simple, and out of the moneys arising from such sale to retain the principal and interest which shall then be due on the said Bonds together with all costs and charges, and pay the surplus, if any, to the said parties of the first part, their heirs, executors, administrators or assigns. In Testimony whereof the said parties of the first part have hereunto set their hands and seals the day and year first above written. Signed, sealed and delivered in the presence of Chas. F. Kirby (Signed) J. H. Cook (seal) (Signed) S. P. (x, her mark) Cook (seal) North Carolina, Johnston County I Chas. F. Kirby do hereby certify that J. H. Cook and S. P. Cook, his wife, personally appeared before me this day and acknowledged the due execution of the annexed deed of mortgage and the said S. P. Cook being by me privately examined separate and apart from her said husband, touching her voluntary execution of the same doth state that she signed the same freely and voluntarily without fear or compulsion of her said husband or of any other person and that she doth still voluntarily assent thereto. Witness my hand & private seal this 29th day of October 1891. (Signed) Chas. F. Kirby, J.P. (seal). North Carolina, Johnston County The foregoing certificate of Chas. F. Kirby, J.P. of Johnston County, is adjudged to be correct and sufficient. Let the instrument with the certificate be registered. Witness my hand this 21 day of Nov. 1891. (Signed) W.S. Stevens, Clerk of Superior Court Filed at 5 p.m. Nov 21, 1891 Reg'd at 12 m. Nov. 23, 1891 (Signed) Jas. W. Oliver, Register of Deeds //Source: N. C. State Archives microfilm, Johnston County Deeds, 1891, Deed book A6, page 150. //Contributor's notes: The land involved in this mortgage deed was the subject of several other deeds, including the 1881 James H. and Sary P. Cook to Stephen H. Morris deed. Nancy Cook, the widow of A. J. Cook, was James H. Cook's mother. It is interesting to note that even in loaning money to her son and daughter-in-law, she kept the transaction on a business-like basis. She died very soon after executing this deed. ______________________________________________________________________________ USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. 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