Lenoir County, NC – Deeds – William Stroud to James H. Spence, 1880 ~~~~~~~~~~~~~~~~~~~~~ William STROUD to James H. SPENCE Mortgage Page 546 4 Dec. 1880 State of North Carolina Lenoir County This Deed made this the 4th day of December 1880 by William STROUD and his wife Sarah J. STROUD of Lenoir County, and State of North Carolina to James H. SPENCE of Lenoir County and State of North Carolina. Witnesseth, that said William STROUD and wife Sarah J. STROUD in consideration of one hundred dollars to them paid by James H. SPENCE the receipt of which is hereby acknowledged have bargained and sold and by these presents do bargain sell and convey to the said James H. SPENCE hand his heirs a tract of land in Lenoir county, State of North Carolina adjoining the land of William WALLER, and other bounded as follows viz: on the north side of South West Creek beginning on the side of the mill pond and runs N 10 W 110 poles to a stake, then S 50 W 71 p to a lightwood stump, then S 10 E 76 P to the main road then S 27 W 52? P to the mill pond, then with the mill pond to the beginning containing 55 ¼ acres more or less. To have and to hold the aforesaid tract of land and all privileges and appurtenances thereto belonging to the said James H. SPENCE his heirs and assigns to his only use and behoof. And the said William STROUD and Sarah J. STROUD covenant that they are seized of said premises in fee, and have right to convey the same are free from all encumbrances, and that they will warrant and defend the said title to the same against the claims of all persons whatsoever. Provided, nevertheless, that if the said William & Sarah STROUD of the first part their heirs executors, administrators shall will and truly pay or cause to be paid to the said James H. SPENCE party of the second part his heirs executors administrators or assigns the sum of one hundred dollars according to the condition of one certain Bond of enn? Date herewith payable to James H. SPENCE, January 1st 1882 with interest from date at the rate of 6 per cent per annum then this deed to be null and void otherwise to be in full force and effect. But if default shall be made in the payment of the said sum of money or the interest or any part thereof at the time herein before specified for the payment thereof the said party of the first part in such case does hereby authorize and fully empower the said parties of the second part their heirs executors administrators and assigns, upon written notice to party of the first part for 90 days that prompt payment is expected and in default thereof sale will be made under the powers of this mortgage, to sell the said hereby granted premises at public outcry at Court house in Kinston after first advertising the same at three or more public places or in some newspaper published in Lenoir County for 30 days 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 bond together with all costs and charges and pay the surplus (if any) to the said party of the first part his heirs, executors, administrators or assigns. In Testimony whereof the said parties of the first have hereunto set their hands and seals the day and year above written. William STROUD, Seal Sarah J. STROUD, Seal State of North Carolina Lenoir County I, W. W. N. HUNTER and (Sarah crossed out) Judge of the Probate Court do hereby certify that William STROUD and Sarah J. STROUD his wife appeared before me this day and acknowledged the due execution of the annexed deed of conveyance and the said Sarah J. STROUD being by me privately examined separate and apart from her said husband, touching her voluntarily 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. Set the same with this certificate be registered. Witness my hand and official seal this 4th day of Dec. A.D. 1880 Wm. W. N. HUNTER, Judge Probate Court Filed for Registration on the 11th day of Dec. A. D. 1880 at 3 O’clock, P. M. and was duly recorded December the 13th, 1880 in the office of the Register of Deeds for Lenoir County. B. S. TAYLOR Register of Deeds Written on side of deed: I hereby certify that I have received full satisfaction for the foregoing mortgage both principal and interest. This 27th Sept. 1881 James H. SPENCE Witness: B. S. TAYLOR Register of Deeds. END OF DOCUMENT ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Sloan Spence Mason ___________________________________________________________________