MACON CO., NC - DEEDS - H. Davis Dean, Sheriff to W. A. Foster, 1908 ==================================================================== Submitted by Gigi Foster Creel (gigicreel@attbi.com) Macon Co., NC GRANTEE Book B-3 Page 193 State of North Carolina} County of Macon} This indenture, made this the 22nd day of April 1908, between H. Davis Dean, Sheriff of Macon County, North Carolina of the first part and W.A. Foster of the County of Macon and State of North Carolina of the second part-Witnesseth that under and by virtue of two certain units of execution issued out of the Superior Court of Macon County: one in favor of W.A. Foster, plaintiff and against The Middle Creek Lumber Company, W.C. Smith and W.C. Smith Trustee and R.F. Branner (?), defendants and the other in favor of W.A. Foster and M.C. Kiser Company plaintiffs and against The Middle Creek Lumber Company, W.C. Smith and W.C. Smith Trustee and R.F. Branner (?), defendants and both to the said Sheriff were directed and delivered, commanding him out of the personal property of the said defendants within said county found, to satisfy the same, as in default thereof out of the real property of said judgment debtors in said county (situate?) cause the same to be made as by reference to said execution will more fully appear and whereas because sufficient personal property of said Book B-3 Page 194 judgment debtors to satisfy said execution in said county could not be found, he the said Sheriff did levy an(d) take and seize all the estate, right, title and interest of the said judgment debtors of, in and to the real estate hereinafter particularly described with the appurtenances and did on the 22nd day of April 1908, sell the said premises at public auction at the court house door in Franklin, in said County of Macon after having first given the notice of the time and place of such sale, and advertised the same according to law at which sale the said W.A. Foster became the last and highest bidder therefor at and for the price of $125.0 (one hundred twenty five Dollars). Now, therefore, know all men by these presents, that the said party of the first part, Sheriff as aforesaid by Virtue of said execution and for and in consideration of the sum of money above mentioned, to him in hand paid by the said party of the second part the receipt whereof is hereby acknowledged, has granted, sold, conveyed and confirmed and by these presents does grant, sell, convey and confirm unto the said party of the second part his heirs and assigns all the estate, right, title and interest of the said The Middle Creek Lumber Company, W.C. Smith, R.F. Branner (?) and W.C. Smith Trustee, whereof they were seized or possessed at the day of Book B-3 Page 195 docketing of said judgment in said County or at any time afterward of in and to the following described real estate, to wit: First Tract: Being the lands described in a deed from Flora A. Connor to W.C. Smith and W.C. Parkey, dated the 1st day of December 1903, and reg- istered in the office of the register of deeds for Macon County, N.C. in book of deeds “PP” pages 572 et seq. and being in Flatts Township, on the waters of Shoal Creek, containing 200 acres more or less, said lands adjoining the lands of Smart, Mc Connell, Bradley and others and to said records reference is hereby made for more full description. Second Tract: Being the lands described in a certain deed from G.P. White and wife to The Nantahala Company, dated the 12th day of March 1903, and recorded in the office of the Register of deeds for Macon County, N.C. in book of deeds “OO” pages 36 et seq> to which said records reference is hereby made for more full des- cription, said lands being conveyed by the said The Nantahala Company to the W.M. Ritter Lumber Company and by the said W.M. Ritter Lumber Company to said Middle Creek Lumber Company & partner- ship consisting of W.C. Smith, R.F. Branner (?) & to W.C. Smith as trustee for said partnership to which said deed reference is also hereby made, Said lands- Book B-3 Page 196 Beginning on a locust the beginning corner of State Grant #3047 and runs thence S. 9 poles to a Stake and pointers at the road; then N. 61 E. 22 poles to a Stake and pointers; then N. 26 E. 10 poles to a Stake and pointers; then N. 56 E. 18 poles to a maple; then D. 62 & 1/2 E. 18 poles to a chestnut; then N. 59 E. 40 poles to a Stake and pointers; then N. 72 E. 42 poles to a black oak on top of a ridge; then N. 81 E. 42 poles to a Stake and pointers in Penland's line; then N. 5 E. -- poles to a hickory; then N. 25 E.68 poles to the middle of Middle Creek; then down the middle of Middle Creek 176 poles to a Stake in the line of Grant #3047; then S. 10 W. with said line 180 poles to the beginning, containing 133 acres more or less, same being parts of State Grants #3047; 12350 and Entry #1730. Together with all and singular the rights, privileges an appurtenances thereunto belonging or in any wise appertaining. To Have and to Hold the described premises, with the appurtenances unto the said party of the second part, his heirs and assigns forever, as fully and as absolutely as he, the said Sheriff party of the first part aforesaid can, may or ought to by virtue of the said execution and of his said office as Sheriff grant, sell, convey and confirm the Said. Book B-3 Page 197 In witness whereof, The said party of the first part, Sheriff as aforesaid, hath hereunto set his hand and seal, the day and year first above written. H.D. Dean, Sheriff of Macon County, N.C. State of North Carolina} Macon County} Be it remembered that on this the 9th day of May 1908, before me, R.M. Ledford, the undersigned clerk of the Superior Court, in and for the County of Macon, personally came H. David Dean Esq, Sheriff of Macon County, North Carolina, to me well known to be the same person described in and who executed the foregoing deed and then and therein due and lawful form the said Sheriff acknowledged that he executed the same for the purposes therein mentioned, Let the said deed and this Certif- icate be registered. R. M. Ledford Clerk of the Superior Court Macon Co N.C. The foregoing deed was filed for registration Sept. 7th 1908, and registered this the 9th day of Sept. 1908. D.W. Blaine Register of Deeds ==================================================================== Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Gigi Foster Creel gigicreel@attbi.com ====================================================================