Lenoir County NcArchives Deed.....West, W. H. & Seth - Broadway, Edward S. 1880
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File contributed for use in USGenWeb Archives by:
Sloan S. Mason http://www.genrecords.net/emailregistry/vols/00022.html#0005225 December 18, 2020, 2:57 pm

Written: 1880

Transcribed by Sloan Mason
slomas7@comcast.net
Register of Deeds Office
Lenoir County, NC
Bk. 1, p.438, 439, 440
Edward S. BROADWAY to W. H. WEST of Lenoir Co., NC-Mortgage Deed
28 Oct 1880

This deed made this the 28th day of Oct. A.D. 1880 by and between Edward S. 
BROADWAY of the County of Lenoir in the State of North Carolina of the first 
part and W. H. WEST & Seth WEST of the County of Lenoir in the State of 
North Carolina of the Second part. Witness the, that the said party of the 
first part for and in consideration of the sum of Five Dollars to him in 
hand paid by the said parties of the Second part, the recipe of which is 
hereby fully acknowledged, has given, granted, bargain, sell & convey unto 
the said parties of the second part, their heirs and assigns, the said party 
of the first part enter interest, either legal or equitable in possession, 
remainder, —, or expectancy or in anyway or manner denied in and to the 
herein after resolved real estate and personal property to wit: three tracts 
of land lying in the County of Lenoir in Sand Hill Township, NC. One tract 
containing about 290 acres knows as the “CLARK Place” bounded on the North 
and West by Neuse River, in the East by the lands of John S. W. PEARCE, and 
South by W. H. WEST, one other tract containing about 10 1/2 acres known as 
the “HOWARD Tract” adjoining the lands of Isaac COBB, Abram MCCOY and Mrs. 
Susan HARRIS, one other tract containing about 25 acres adjoining the lands 
of J. D. SUTTON, Seth WEST, W. H. WEST, & Susan HARRIS; One other tract 
lying in Contentnea Neck Township, Lenoir Co., NC containing about 300 acres 
known as the “TILGHMAN Place” and being the plantation upon which J. W. 
BROADWAY resided up to his death adjoining the lands of C. M. TILGHMAN on 
the north, the lands of Mrs GRAY on the West the Stonington Creek, on the 
South, and the lands of Council HOOTEN & Fred JONES on the East, All of the 
above described lands descended to the party of the first part from his 
father J. W. BROADWAY, Dec’d, Also the following personal property is hereby 
conveyed to wit: All the crop of every Kind and description growing or to be 
grown on the above described tracts of land during the present year (1880). 
also all the stock of J. W. BROADWAY, Dec’d and which belong to the party of 
the first as distributed of the late J. W. BROADWAY, Dec’d.  To Have and to 
hold the above described property to them the said parties of the Second 
part their heirs, executors, administrators and assigns forever. The 
condition is such that whereas the said party of the first part eh said E. 
S. BROADWAY, has been appointed Administrator of the Estate of J. W. 
BROADWAY, Dec’d by the Probate Court of Lenoir County not his day and the 
said parties of the Second part have signed as sureties on his the said E. 
S. BROADWAYS, Administration bound for the amount of Thirteen Hundred 
Dollars. Now therefor this deed witnesseth, that if the said party of the 
first part shall will and truly, and according to law, administrator the 
estate of the said J. W. BROADWAY, Dec’d in accordance with his 
administration bond, and shall save perfectly harmless the said parties of 
the second, part their heirs, executors, administrators and assigns, from 
any loss by reason of their Suretyship on the said Administration bond of 
the party of the first part the said E. S. BROADWAY, then this deed to be 
void. But if the said E. S. BROADWAY shall in any way abuse or mismanage the 
estate of the said J. W. BROADWAY, Dec’d and the parties of the second part 
or their or their representations shall be obliged to pay out any money or 
other thing of value, by reason of their liability as sureties on the said 
Administration bond of the said E. S. BROADWAY then the said parties of the 
Second part shall fully indemnify themselves out of the property hereby 
conveyed by a suit in court to foreclose this mortgage deed and sale of the 
property herein described and hereby conveyed and the surplus after fully 
indemnifying themselves pay to the party of the first part.
In Testimony whereof the said party of the first part has hereunto set his 
hand and seal in the day & date above written.
E. S. BROADWAY (Seal)

Attest:
A. J. LOFTIN

Lenoir County Probate Court
The Execution of the forgoing instrument was acknowledged by E. S. BROADWAY 
let it and this certificate be registered Oct. 28, 1880
W. W. N. HUNTER
Probate Judge

Filed for Registration on the 8th day of Nov. 1880 at 9 O’clock A. M. & 
enrolled in the Office of the Register of Deeds for Lenoir County on the 8th 
day of Nov. 1880.
B. S. TAYLOR
Register of Deeds.


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