Deed, Lord Granville to John Smith, Orange Co. NC 1760 ****************************************************************** File transcribed and contributed for use in the USGenWeb Archives by: Kenneth Smith http://files.usgwarchives.net/nc/orange/deeds/smith01.txt USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. ****************************************************************** Transcriber's note: This land was located on Wolf's Island Creek, in what is now Rockingham County, NC "THIS INDENTURE made the thirtieth day of July in the year of our Lord. One Thousand Seven Hundred Sixty BETWEEN the Right Honorable John Earl of Granville, Viscount Carteret, and Baron Carteret, of Hawnes in the county of Bedford, in the kingdom of Great-Britain, Lord President of his Majesty's Most Honorable Privy Council, and Knight of the Most Noble Order of Carter, of the first part, and John Smith of Orange County in the Province of North Carolina, Planter, on the other part, WHEREAS His Most Honorable Excellent Majesty King George the Second, in and by a certain Indenture bearing date the seventeenth day of September, in the eighteenth year of his reign, and in the Year of One Thousand and Seven Hundred and Forty-Four, and made between His said Most Excellent Majesty of the one Part, and said John Earl Granville, by the Name, 'Stile, and Title of the Right Honorable John Lord Carteret, of the other Part; DID, for the Considerations herein mentioned, Give and Grant, Release, Ratify, and Confirm, unto the said Earl, (by he Name Stile and Title of John Earl Carteret, as aforesaid}) and his Heirs and Assigns, forever, a certain District, Territory, or Parcel of land lying in the Province of North Carolina in America, and the Sound, Creeks, Havens, Ports, Rivers, Stream, and other Royalties, Franchises, Privileges and Immunities, within the fame, as they are therein set out, or described, allotted, granted and confirmed, to the said John Earl Granville, as aforesaid for one Eighth Part of the Charters granted by King Charles the Second, in the Fifthteenth and Seventeenth Year of his Reign to Eight Lord Proprietors of Carolina; and by the said Indenture duly Enrolled in the High Court of Chancery in Great Britain and in the Secretary' Office in the Province of North Carolina, Reference being thereto had, will more fully appear. NOW THIS INDENTURE WITNESSETH, That as well for and in Consideration of the Sum of Ten Shillings Sterling Money to the said John Earl Granville in Hand paid, by the said John Smith at or before the Sealing or Delivery of these Presents, the Receipt whereof the said Earl doth hereby acknowledge; as alfo for and in Consideration of the Rent, Covenants, Exception, Provinces, and Agreements, herein after mentioned, reserved and contained, and by and on the Part and Behalf of the said John Smith his Heirs and assigns to be paid kept and performed: He, the said Earl, HATH given granted, bargained fold and confirmed and by these Presents , DOTH give, grant, bargain, fell, and confirm, unto the said John Smith his Heirs and Assigns, forever, ALL that Tract of Parcel of vacant land situate, lying, and being in the Parish of Saint Matthew in the county of Orange in the said Province on Wolf Island Creek, Beginning at a Hickory, Thence running South Cross the Creed 37 Chain to a White Oak, thence West 64 Chains to a Black Oak; thence North cross the Banks of the Creed 37 Chains to a post, thence East to the first Station. Containing in the Whole Two Hundred & thirty-six Acres of Land; all which premises are more particularly described and set forth in the Plan or Map thereof hereunto annexed; TOGETHER with all Woods, Underwoods, Timber Timber trees, Water-Courses, and the Privilege of Hunting, Hawking, Fishing and Fowling in and upon these premises, and all Mines and Minerals whatsoever therein to be found excepting and always reserving out of this present Grant unto the Kings Most Excellent Majesty , His Heirs and councellors one Forth Part of all the (probably gold or silver) Mines to be found in and upon these premises; and also Excepting and always reserving until said John Earl Granville, his Heir and Assigns one Moisty or half part of the remaining Three Fourths of all such Gold and Silver mines; TO HAVE AND TO HOLD the said Tract or Parcel of vacant Land, and all and singular other the Premises with their Appurtenances, (except before excepted.) unto the said John Smith, his Heirs and Assigns, forever; Yielding and Paying therefore Yearly and every Year unto the said John Earl Granville, his Heirs or Assigns the yearly Rent or Sum of Nine Shillings five pence halfe penny which is at the rate of Three Shillings Sterling or every hundred acres, and so in Proportions for a less Quantity, at or upon the Twenty-fifth day of March, and the Twenty-ninth Day of September in every Year, by even and equal Portions, and to be paid at the Court-house of the said County of Orange unto the said Earl, his Heirs or Assigns, or to his or their Attorney or Receiver for the time being; the first Payment thereof to be made on such of he aforementioned Days of Payment, as Shall first happen after the date hereof, And the said John Smith for himself, his Heirs and Assigns, and for either and every of them, doth hereby covenant, promise. And agree, to and with the said Earl, his Heirs and Assigns and to and with either or every of them, by thefe prefente on Manner and Form following: That is to say; That John Smith his Heirs or Assigns, shall and will Yearly, and ever year forever, well and truly pay or cause to be paid to the said Earl, his Heirs or Assigns or unto his or their lawful Attorney or Receiver or the time being, on the Days, and at the place aforesaid, the aforesaid Yearly Rent of Sum of Nine Shills and five pence. One half Yearly Payments, as aforesaid: Provided always, and this present Grant is hereby expressly declared and agreed, by and between the said Parties' to be nevertheless UPON THIS CONDITION, VIZ. That if it should happen that the Yearly Rent of Nine shill & five pence one half or any Part thereof, Shall at any Time hereafter be behind or unpaid for the Space of Six Months next over or after either of the aforementioned Day of Payment ( and no sufficient distress can be found on the premises whereon it shall be lawful to levy such Rent and areas with the full Costs, Charges and Expenses in making the fame) That then this present Grant, and all assignment, thereof, shall be utterly void and of none effect: And it shall be lawful for the said Earl, his Heirs and assigns, to re-enter into said lands, and to re-grant the fee to any person or persons whom-forever, as if this Grant, and such Assignment, had never been made. IN WITNESS whereof, the parties above name have to these Present interchangeable set their Hand and Seals the Day and Year herein first above written. Lord Granville by Tho. Child BE IT REMEMBERED, That on the Day and Year first above written Thomas Child, squire by Virtue of a special Letter of Attorney and Commission under the Hand and Seal of the above named John Earl Granville, to him made for his Purpose, and duly entered and registered in the Secretary's Office of the Province of North Carolina, did, in the name of the said Earl, subscribe this Grant with the said Earl's Title, and then seal and deliver the same as his the said Earl's Act and Deed, in the Presence of us, W. Churton, Tho. Jones Examined by us Richard Wigers W. Churton Twenty-four acres out of this conveyed to William Russell Orange Superior Court August 1761. This was proved by the oath of William Churton, Esq., one of the witnesses and ordered to be registered. Registered in the Registor's Office in Book (F) Page 1451