Lenoir County NcArchives Deed.....Newsome, John W. - Daly Et Al, James R. 1917 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Hazel Yarbrough hhyarbrough@embarqmail.com October 13, 2010, 10:55 am Written: 1917 From the James R. Daly Collection in the possession of Hazel Ruth Hill Yarbrough, Lenoir County Transcribed by Hazel Ruth Hill Yarbrough from the original. 1917 Mortgage Deed – James R. Daly and wife Emma G. Daly to John W. Newsome NORTH CAROLINA, LENOIR COUNTY THIS INDENTURE, Made and entered into this the 4th day of December, 1917, by and between James R. Daly and wife Emma G. Daly, parties of the first part, and John W. Newsome, party of the second part: WITNESSETH, That the parties of the first part in consideration of Five Dollars to them paid by the party of the second part, the receipt of which is hereby acknowledged, has bargained and sold, and by these presents, does bargain, sell and convey to the party of the second part, his heirs and assigns, a certain tract of land situated in Lenoir County, North Carolina, adjoining the lands of Miss Johnnie Kornegay, and others, and described as follows:- Beginning at a stake on the side of the Kinston and Seven Springs Road, and runs N. 19 3/4 E. 109 poles to a ditch, then with said ditch S 82 1/2 E. 45 poles to a canal, then N. 5 E. 64 poles to a stake, then N. 19 3/4 E. 78 poles to Hardies Bridge and Seven Springs road, then with said road N. 76 1/2 W. 68 2/3 poles to a stake, L.B. Grady’s corner; then with L.B. Grady’s line S. 19 3/4 W. 273 poles to the Kinston and White Hall road, then with said road E. 31 2/3 poles to the beginning containing ninety (90) acres, more or less; and being the same tract of land conveyed to the said John W. Newsome by D.R. Kornegay and wife Minnie S. Kornegay by deed dated December 6, 1912, and recorded in the office of the Register of Deeds for said Lenoir County in Book 44 at page 794. And being the same tract of land conveyed to said James R. Daly by John W. Newsome and wife by deed bearing the date of December 4, 1917. It is understood that the said James R. Daly is not entitled to the possession of said lands until January 1, 1918, nor to the crops raised thereon during the year 1917. TO HAVE AND TO HOLD the aforesaid tract of land and all privileges and appurtenances thereto belonging, to the party of the second part, his heirs and assigns in fee simple. And the said parties of the first part, for themselves and their heirs, executors and administrators, covenant to and with the party of the second part, his heirs, executors, administrators and assigns, that they are seized to said premises in fee and have a right to convey the same in fee simple, that the same are free and clear from all incumbrances and that they will warrant and defend the said title to the same against he lawful claims of all persons. THE CONDITION OF THIS DEED IS: That Whereas, the parties of the first part are justly indebted to the party of the second part in the sum of Four Thousand Dollars, for balance of purchase money for the lands hereinbefore described, evidenced by his five certain notes of even date herewith, as follows: One for $800 due on January 1, 1919, one for $800.00 due on January 1, 1920, one for $800.00 due on January 1, 1921, one ofr $800.00 due on January 1, 1922, one for $800.00 due on January 1, 1923, all of said notes bearing interest from January 1, 1918, at the rate of six percent per annum until paid, the interest payable annually, and Whereas, the parties of the first part desires to secure the payment of said note and the interest thereon when due; NOW THEREFORE, If the parties of the first part shall pay off and discharge the aforesaid notes and all interest thereon when due, then this deed shall be void. But it is expressly understood and agreed, that if the parties of the first part shall fail to pay off and discharge said notes or the interest thereon when due, then, and in such event , all of said notes and the interest thereon shall become immediately due and payable, and the party of the second part, his heirs and assigns, is and are fully authorized and empowered to advertise the aforesaid land at the Court House door and three other public places in Lenoir County and in a newspaper published in said County for thirty days and after such advertisement sell said tract of land at the Court House door in Kinston, N.C., for cash, to the highest bidder, and convey the same deed to the purchaser, and out of the proceeds of such sale pay off and discharge the aforesaid indebtedness herein secured and all interest thereon and all necessary expense allowed by law for making and executing this trust, and any balance then remaining shall be paid to the parties of the first part, or their legal representatives. IN WITNESS WHEREOF the parties of the first part have hereunto set their hands and seals. Jas. R. Daly (Seal) Emma G. Daly (Seal) STATE OF NORTH CAROLINA, WAYNE COUNTY I, Robert R. Uzzell, a Notary Public of Wayne County hereby certify that James R. Daly and wife Emma G. Daly personally appeared before me this day and acknowledged the due execution of the foregoing and annexed deed and the said Emma G. Daly 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 husband, or of any other person, and that she doth still voluntarily assent thereto. Witness my hand and seal this Dec. 4, 1917. Robert R. Uzzell, Notary Public My commission expires July 7, 1919 James R. Daly To John W. Newsome Mortgage Deed Filed for registration at 2 o’clock PM, Jan. 3, 1918, and enrolled in the office of Register of Deeds for Lenoir County, N.C. This 3 day of Jan., 1918, Book 59 Page 156. C W Pridgen Register of Deeds Written across page one of the deed: Paid and satisfied this Jan. 29, 1923. John W. Newsome File at: http://files.usgwarchives.net/nc/lenoir/deeds/dalyetal578dd.txt This file has been created by a form at http://www.poppet.org/ncfiles/ File size: 6.5 Kb