Lenoir County NcArchives History....Mortgage, 1870

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File contributed for use in USGenWeb Archives by:
Joe P. Sutton, PhD, sutton@edtesting.com, November 26, 2017.

Clellan Sutton Collection, Bucklesberry Community, La Grange, NC.

JULIUS ERI AND NANSETTA SUTTON MORTGAGE, 1870

Mortgage
Julius Sutton
and wife
to
John Ivey G’d

Enrolled
and pd

Reg	1.10
??	1.10
Tax	1.00
       $3.20 paid

Came to hand 10:40
o’clock A M Feb 17
1870

This indenture made this the 16th day 
of Feb A D 1870 by and between Julius 
Sutton and wife Nansetta Sutton 
parties of the first part, and John 
Ivey Guardian to Dempsey Parks and 
Martha Jane Parks party of the second 
part, all of Lenoir County North 
Carolina: Witnesseth that the said 
parties of the first part for and in 
consideration of the sum of one dollar 
the receipt whereof is hereby 
acknowledged have bargained, granted, 
sold and conveyed unto the said John 
Ivey Guardian as aforesaid the following 
tract of land lying in Bucklesberry 
Pocosin Lenoir County: to wit that 
of land conveyed from Benj. Sutton to 
Hardy Sutton by deed of gift bearing 
date Nov. 13th 1820 – beginning at a 
maple in John Sutton’s line – the 
dividing corner agreed-on between Benj 
Sutton Jr and Hardy Sutton, and runs 
with their agreed-on line W 83 W 196 
poles to a white oak – another agreed 
on corner then N 7 W 20 ˝ poles to a 
forked white oak – another agreed-on 
corner then S 20 W 62 poles to a stake: 
then W 52 poles to a red oak (down) – 
Thos Jones and Thos Burnetts old patent 
corner: then S 30 E 179 poles to a white 
oak (down and gone) near a hickory marked 
old tree: then S 30 W 39 poles to a stake 
and pointer – Thos Uzzells corner: then 
with the dividing line made and agreed on 
between said Hardy Sutton and said Uzzell 
W 72 E 220 poles to a stake and pointer: 
then N 12 W 94 poles to a stake: then 
E 10 poles to a stake and small post – 
oak Jno Suttons corner: then with his 
line W 1 E 42 ˝ poles to the beginning, 
containing two hundred and fifty-nine 
acres more or less.
To have and to hold to him the said John 
Ivey Guardian to the use of the aforesaid 
Dempsey Parks and Martha Jane Parks & 
their heirs fee simple forever.
The condition of this indenture is such 
that whereas the aforesaid Julius Sutton 
and N Sutton are justly indebted to the 
said John Ivey Guardian as aforesaid in 
the sum of two thousand dollars due by 
bond bearing same date with this indenture
Now therefore if the said Julius Sutton & 
wife shall fully pay off and discharge 
said bond together with the lawful 
interest thereon accruing on or before 
the first day of Jan 1871, then this 
indenture and every clause thereof shall 
be void; otherwise to remain in full 
force. And if said bond be not paid on 
becoming due then the said John Ivey shall 
have power to sell said land after 30 days 
advertisement.

In testimony whereof the said Julius Sutton 
and N Sutton have hereunto set their hands 
and seals on the day and year above-written.

Executed in the	X Julius E Sutton {Seal}	
presence of	X Nansetta Sutton {Seal}
J W Harper.

Lenoir County:	In the Probate – Court 
		Be it remembered
that on this [empty space] day of Feb 1870, 
before the undersigned Judge of Probate – 
for said County, personally came Julius 
Sutton and Nansetta Sutton his wife, the 
persons described in, and who signed the 
foregoing deed, and acknowledged the due 
execution thereof by them as their act and 
deed. And thereupon the said Nansetta Sutton 
being the undersigned privately examined 
separate and apart from her said husband, 
touching her face consent in the execution 
thereof, doth declare, on such her 
examination, that she had executed the same 
freely, of her own will and accord, and 
without any force, fear, or undue influence 
of her said husband or any other person, 
and did still voluntarily assent thereunto.
     Therefore let said deed with this 
certificate be registered.
                            R F Green
                             Probate Judge

Came to hand 10:40 o’clock AM Feb 17th 1870 
and Enrolled in the Registers Office of 
Lenoir County immediately thereafter Book 
38 Page 398, 399 & 400.
                             A G Wadsworth
                              Reg of Deeds


END OF DOCUMENT

Comments:

‘G’d’ is ‘Guardian.’

The names referenced in the phrase, “Thos Jones 
and Thos Burnetts old patent corner,” were first 
mentioned some 130 years earlier in the ca 1781 
copy of a 1741 document in the Collection.
 
It is also significant that ‘Pocosin’ is named 
along with ‘Bucklesberry’ in this document, making 
this the first recurrence of the Bucklesberry 
Pocosin term in the Collection since the 1794 
document of the State land grant deed to Benjamin.

John Sutton mentioned herein is likely the brother 
of Hardy Sutton, both sons of Benjamin and Sarah
Hardy Sutton.

This document has been cross-referenced with the 
1871 promissory note for Julius Sutton, identifying 
the same $2,000 amount indicated in the mortgage.