Johnston County, NC - Deed Records File contributed for use in USGenWeb Archives by Elton Cooke 1891 J. I. Murphrey & Wife to J. H. A. Cook mortgage deed North Carolina Johnston County This Indenture made this 9th day of Decm. A. D. 1891 by and between J. I. Murphrey and M. M. Murphrey, his wife, of Johnston County and State of North Carolina, parties of the first part, and J. H. A. Cook of Johnston County and State of North Carolina, party of the second part, Witnesseth: That whereas said party of the first part are justly indebted to said party of the second part in the sum of three hundred Dollars, as evidenced by bond of even date herewith, bearing interest from date at 5 per cent per annum and due and payable on the 1st day of Nov. 1893; and whereas said party of the first part are anxious to secure the payment of said bond at maturity; Now, therefore in Consideration of the previous and for the purpose aforesaid and for the sum of Ten Dollars to the party of the first part paid by party of the second part, the receipt of which is hereby acknowledged, said party of the first part have given, granted, bargained, sold, aliened, Conveyed and Confirmed, and by these presents do hereby give, grant, bargain, sell, alien, Convey and Confirm unto said party of the second part, his heirs and assigns forever, a certain piece of land lying and being in Johnston County, State aforesaid, in Wilders Township, and described and defined as follows, to wit: Beginning at a stake & pointers in the old road runs N 78 1/4 degrees E 12.86 ch. to a stake & pointers thence N 88 1/4 degrees W 25 ch. to a pine thence S 0 1/4 degrees W 24.82 ch. to a stone thence S 88 1/4 degrees 12.92 ch. to a stake thence S 2 degrees W 21.25 ch. to the beginning and containing 86 1/4 acres. To Have and to Hold said lands and premises to said party of the second part, his heirs and assigns forever. And said party of the first part do Covenant to and with said party of the second part, his heirs and assigns that they are the owners and seized of said premises in fee simple; That they have the right to convey ! the same; That the same are free from any encumbrances whatsoever and that they will forever warrant and defend the title to the same against the lawful claims of all persons whomsoever. But this deed is made on the Special Trust that if the said party of the first part shall well and truly pay to said party of the second part or his legal representatives, the bond hereinbefore described at its maturity then this deed to be null and void. But if default shall be made in the payment of said bond, or the interest on the same, or any part of either at maturity thereof and, in that event, it shall be lawful for and the duty of said party of the second part to sell said land hereinbefore described to the highest bidder for cash , at the Court House door in Johnston County, first advertising the same for thirty days in some newspaper published in Johnston County , and convey the same to the purchaser in fee simple, and out of the moneys arising from said sale to pay said bond and interest on the same, together with costs of sale, and pay surplus (if any) to said party of the first part or his legal representatives. In Testimony whereof, said party of the first part hereto subscribe their names and affix their several seals. (Signed) J. I. Murphrey (Seal) (Signed) M. M. Murphrey (Seal) Signed, sealed and delivered in the presence of W. M. Estridge North Carolina Johnston county. I, W. M. Estridge, do hereby certify that J. I. Murphrey and M. M. Murphrey, his wife, personally appeared before me this day and acknowledged the due execution of the annexed deed of mortgage; and the said M. M. Murphrey 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 any other person, and that she doth still voluntarily assent thereto. Witness my hand and private seal this 9th day of Decm. 1891. (Signed) W. M. Estridge, J. P. (Seal) North Carolina Johnston County The foregoing certificate of W. M. Estridge, a J. P. of Johnston County, is adjudged to be correct. Let the instrument with the certificate be registered, this 4th day of January 1892. (Signed) W. S. Stevens Clerk Superior Court Filed at 2 p.m. January 4, 1892 Reg'd at 11 a.m. " " " (signed) Jas. W. Oliver Register of Deeds //Transcriber's note: this document bears the following endorsement// Satisfaction of this mortgage is hereby acknowledged this April 26, 1894 (Signed) J. R. Green, Assignee Witness: (Signed) J. W. Oliver, Register //Contributor's notes: John H. A. Cook was the son of Andrew Jackson (A. J.) and Nancy Cook. __________________________________________________________________________ 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. The electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor, and contact the listed USGenWeb archivist with proof of this consent. 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