Orange County NcArchives Deed.....Farley, Et Al - Byrd, William October 25, 1755 ************************************************ 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: Beverly Watson beverly_wat@msn.com May 25, 2010, 7:15 pm Written: October 25, 1755 Recorded: November 8, 1755 Orange County, North Carolina Deed Book 1, pg 69 This Indenture made this twenty fifth Day of October in the twenty ninth year of the Reign of our Sovereign Lord George the Second by the Grace of God of Great Britain France and Ireland King Defender of the Faith -- and in the Year of Our Lord one thousand Seven Hundred and fifty five Between the Honorable William Byrd Esquire and Elizabeth his wife of the County of Charles City in the Colony of Virginia of the one Part and Francis Farley and Simon of the Island Antigua Merchant of the other Part. Witnesseth that the said William Byrd and Elizabeth his Wife for and in Consideration of the sum of one thousand Pounds lawful Money of Great Britain to them in hand Paid by the said Francis Farley and Simon Farley at or before the sealing and Delivery of these Presents the Receipt whereof the said William Byrd and Elizabeth his Wife do hereby acknowledge have granted bargained and Sold aliened enfeoffed released and confirmed and by these Presents do grant bargain and sel alien enfeoff release and confirm unto the said Francis Farley and Simon Farley two Seats, Tracts or Parcels of Land Contiguous containing in the whole twenty six thousand acres situate lying and being on both sides the River Dan in the County of Orange the Province of North Carolina Twenty thousand acres Part thereof having been granted to the Honorable William Byrd Esquire late of the County of Charles City and Father of the above-named William Byrd Letters Patent bearing Date the Ninth Day of December in the Year of our Lord one thousand seven hundred and Twenty Eight the other six thousand Residue thereof having been granted to the said William Byrd the son by Letters Patent bearing Date the twenty second day of March in the year one thousand seven hundred & forty two and by the said Patents respectively remaining of Record in the Secretarys Office in the said Province of North Carolina Reference being thereunto had may more fully appear (and bounded as B---- in said Patent is mentioned and expressed) and also the Remainder and Remainders Reversion & Reversions Rents Issues (?) and Services thereof and also all the Estate Right Title Interest Claim and Demand whatsoever of them the said William Byrd & Elizabeth his Wife of in and to the said Premises and of in and to every Part and Parcel thereof TO HAVE AND TO HOLD the said tracts or Parcels of Land and Premises above mentioned with the Appurtenances unto the said Francis Farley and Simon Farley their heirs and Assigns forever and the said William Byrd for himself his heirs and assigns doth Covenant and grant to and with the said Francis Farley & Simon Farley their heirs and assigns that he the said William Byrd now is Lawfully and rightfully seised of the above mentioned tracts or Parcels of Land containing in the whole twenty six thousand acres with their appurtenances in his own Right a Perfect pure indefeazible Estate in fee simple and also the said William Byrd now hath good Right full Power and authority to grant Bargain Sell & Convey all and Singular Premises with the appurtenances hereunto belonging. And also that they the said Francis Farley and Simon Farley their heirs and assigns shall and may at all times forever hereafter Peaceably and Quickly have hold occupy Possess and enjoy all and Singular the said Tracts & Parcels of Land above mentioned Containing in the whole twenty Six thousand acres and the Premises above mentioned with their Appurtenances without the Let (?), trouble, Hindrance, Molestation Interruption and Denial of him the said William Byrd his heirs or assigns and of all and every other Person and Persons whatsoever and that Tried and Discharged or otherwise will and sufficiently saved and kept harmless and indemnified of and from all former and other Bargains Sales Gifts Grants Levies (?) Mortgages Joint Shares Dowers ---- Wills Intails Fines Issues amercements Seizures Bonds & Annuities Writings Obligatory Statutes Merchant and the Staples Recognizances Extents, Judgments Executions Quitrents and Arrearages of Quitrents and of and from all other Charges Estates Rights Titles Troubles & Incumbrances whatsoever had made Committed done or Suffered or to be had made Committed done or Suffered by the said William Byrd or any other Person or Persons whatsoever. AND FURTHER That he the said William Byrd and his heirs and all and every other Person and Persons and his and their heirs any thing having or Claiming in the said Premises abovementioned or any Part thereof shall and will from time to time and at all times hereafter upon the reasonable request and at the Proper Cost and Charge of the said Francis Farley and Simon Farley their heirs or assigns make do and execute or cause to be made done & executed all & every such other and further lawful assurance and assurances act and acts thing and things Devise and Devices Conveyance and conveyances in the Law whatsoever for the Further Better and more Perfect granting conveying and assuring, of all and Singular the said Premises above mentioned with the appurtenances unto the said Francis Farley and Simon Farley their heirs and assigns to the only proper use and Behoof of the said Francis Farley and Simon Farley their Heirs and assigns forever according to the true Intent and Meaning of these Presents as by the said Francis Farley and Simon Farley their Heirs and assigns or any of their Council learned in the Law Shall Reasonably devised or advised and required AND the said William Byrd for him self and his Heirs Executors and administrators Doth further Covenant grant and agree to and with the said Francis Farley and Simon Farley and their assigns forever that he the said William Byrd and his heirs the said Seals Grants & Parcels of Land and Premises abovementioned and every Part thereof against him and his heirs and against all and every person & persons whatsoever to the said Francis Farley Heirs -- and assigns shall and will warrant and for ever do for these Presents IN WITNESS whereof the said William Byrd and Elizabeth his Wife have hereunto set their hands and affixed their Seals the Day and year first above Written - Sealed and Delivered § W Byrd (Seal) In Presents of § E Byrd (Seal) Will Lightfoot Jff--ld Robert Jones junr North Carolina The above written Deed of Feofment from William Byrd and Elizabeth his Wife to Francis Farley and Simon Farley was Proved in due Form of Law by the Oath of Robert Jones junr a Subscribing Witness thereto therefore tis ordered that the same be registered according to Law. And whereas it is Represented to me that the said Elizabeth is a Resident of Virginia & cannot travel to me to make acknowledgement of the said Deed or to the County Court of Orange in which said County the Lands mentioned in the said Deed lieth Tis therefore ordered that the Clerk of the said County Court do Issue a Commission to two or more Commissioners for receiving the acknowledgement of the said Elizabeth to the said Deed according to the act of assembly in such Case made and Proved and given under my Hand their 8th Day of November 1755. Jas. Howell CJ Additional Comments: Deed to Francis Farley and Simon Farley by William Byrd Esquire and Elizabeth his wife for 26,000 acres on both sides of the Dan River granted to his father, the Honorable William Byrd Esquire late of Charles City County, Virginia. File at: http://files.usgwarchives.net/nc/orange/deeds/byrd500dd.txt This file has been created by a form at http://www.poppet.org/ncfiles/ File size: 8.1 Kb