Lenoir County NcArchives Deed.....Gardner, Mary E. - Spence, Henry E. & Maggie 1882
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Sloan S. Mason http://www.genrecords.net/emailregistry/vols/00016.html#0003873 January 26, 2019, 7:08 pm

Written: 1882

Register of Deeds Office
Lenoir County, NC
Bk. 4, p. 782
Henry E. SPENCE & wife Maggie SPENCE of Lenoir Co., NC to Mrs. Mary E. 
GARDNER of Wayne Co., NC
20 Dec 1882

This Deed made this the 20th day of Dec. 1882 by Henry E. SPENCE and his 
wife Maggie SPENCE of Lenoir County and State of North Carolina to Mrs. Mary  
E. GARDNER of Wayne county and State of North Carolina. Witnesseth that said 
H. E. SPENCE & wife in consideration of Four Hundred dollars to them paid by 
Mrs. Mary E. GARDNER the receipt of which is hereby acknowledged, have 
bargained and sold and by these presents do bargain, sell and convey to the 
said Mary E. GARDNER and her heirs a tract of land in Lenoir County, State 
of North Carolina adjoining the lands of Capt. BIRD, W. J. NUNN, Jr. and 
others, bounded as follows. Beginning at a short straw pine in the head of 
Panther Creek in Barbara HINES line and runs East 86 poles to a light wood 
stake S 73 E 26 poles to a stake no. 14 E 132 —— 30 poles a stake no. 9 
poles a stake, West 116 poles a stake————
the Beginning contains 108 1/2 acres.
To have and to Hold the aforesaid tract of land ———
and appurtenances thereto belonging to the said Mrs. Mary E. GARDNER & to 
her heirs and assigns, to their only use and —————————
And the said H. E. SPENCE & wife covenant that they————————
premises in fee and have right toe convey the same————————
that the same are free from all encumbrances, and warrant and defend the 
said title to the same———————————
of all persons whatsoever.
Provided, nevertheless, that if the said H. E. SPENCE & wife of the first 
part, their heirs executors, administrators, ————————
truly pay, or cause to be paid to the said Mary E. GARDNER of the second 
part his heirs executors, administrators, ——— sum of Four Hundred Dollars 
according to the conditions of a certain Bond of even date herewith payable 
to Mrs. Mary E. GARDNER then this deed to be null and void, otherwise to be 
in full force and effect. But if default, shall be mad win the payment of 
the said sum of money or the interest or any part thereof at the time 
hereinbefore specified for the payment thereof the said parties of the first 
part in such case do hereby authorize and fully empower the said party of 
the second part her heirs executors administrators, and assigns, upon 
written notice to parties 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 
Kinston after first advertising the same at three or more public places or 
in the 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 
mortgage together with all costs, and charges and pay the surplus (if any) 
to the said parties of the first part their heirs executors, administrators, 
or assigns. In Testimony whereof The said parties of the first part have 
hereunto set their hands and seals the day and year above written.
Signed sealed and delivered in presence of 
E. M. SPENCE

Signed:
H. E. SPENCE (seal)
Maggie SPENCE (seal)

State of North Carolina
Lenoir County
I, W. S. BIRD, Justice of the Peace do hereby certify that H.E. SPENCE & 
Maggie SPENCE his wife personally appeared before me this day and 
acknowledged the deed execution of the within deed of conveyance and the 
said Maggie SPENCE 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 and or any other person and that she doth still 
voluntarily assent thereto.
Witness, my hand and private seal, the 20th day of Dec. A.D. 1882.
W.S. BIRD, J.P. (seal)

State of North Carolina
Lenoir County
The forgoing certificate of W.S. BIRD a Justice of the Peace of Lenoir 
County is adjudged to be in due form and according to Law. Therefore let the 
same with this certificate be registered.
This 22 day of October 1883.
W. W. DUNN, Clerk
Superior Court

Filed for Registration not he 10th day of Nov. 1883. at 10 O’clock.
A. M. and enrolled in the office of the Register of Deeds for Lenoir County.

(on side of deed: Satisfied and cancelled this November 1890. Mrs. M. E. 
GARDNER;
for A. T. HILL, Attorney. Witness: P. A. HODGES. Deed Registered.)


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