Granville Grant to John Gardner in 1762, Rowan Co. NC ****************************************************************** File transcribed and contributed for use in the USGenWeb Archives by: Chester Sturgeon http://files.usgwarchives.net/nc/rowan/land/gardnr01.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. ******************************************************************. Granville Grant to John Gardner in 1762 Submitted by Chester Sturgeon- Chestur@Juno.com Transcribed to best of my ability from microfilm of C.085.40003 Vol 5, p52-53 This Indenture made the twenty sixth day of August in the year of our Lord, One Thousand Seven Hundred & Sixty two between the Rgt Honorable John Earl Granville __ of the one part and John Gardner of Rowan County in the Province of North Carolina of the other part, Whereas __ __ in Page 8 from line __ to the following words Now this Indenture Witnessth that as for & in consideration of the sum of Ten shillings sterling money to the said John Earl Granville in hand paid by the said John Gardner at or before the sealing of Delivery of these presents the receipt whereof he the said Earl doth hereby acknowledge as also for and in consideration of the Rent Covenants Exceptions Provisions and agreements herein after mentioned referred and contained and by and on the part and behalf of the said John Gardner his Heirs & assigns to be paid kept and performed He the said Earl hath given granted bargained sold and confirmed and by these presents Doth give grant bargain sell and confirm unto the said John Gardner his heirs & assigns forever that tract or parcel of vacant land situate lying and being in the County of Rowan in the said Province on both sides of Crain Creek beginning at a Hickory, standing on South side of said creek and running thence West 132 Poles to a red Oak sapling, thence North 125 Poles to a Red Oak, West 26 Poles to a Hickory, thence North 69 Poles to a red oak, thence West 104 Poles with John Dunn's line, thence South 171 poles to a post, thence West 32 poles to John Smith's corner, thence South 326 Poles to a post, thence East 294 Poles to a post, thence North 326 Poles to the beginning, containing four hundred and seventy six acres of Land all which premises are more particularly defined and set forth in a plan or map thereof hereunto annexed together with all woods, under-woods, timber and timber trees water courses and the privilege of hunting, hawking, fishing and fowling in and upon the premises and all mines & minerals whatsoever therein to be found excepting and always reserving out of the present grant unto the King Most Excellent Majesty his heirs and exceptions one fourth part of all the gold and silver mines to be found in and upon the premises and also excepting and always reserving unto the said John Earl Granville his heirs & assigns one moiety or half part of the remaining three fourths of all such gold and silver mines To hath and To hold the said tract or parcel of vacant land and all singular other the premises with their appurtenances except before excepted unto the said John Gardner & his heirs & assigns for ever Yielding and Paying therefore yearly and every year unto the said John Earl Granville his heirs & assigns, the yearly rent and sum of nineteen shillings and one half penny which is at the rate of three shillings sterling for every hundred acres and so in proportion for a less quantity at or upon the 25th day of March and the 29th day of September in every year by even and equal portions and to be paid at the courthouse of the said county of Rowan unto the said Earl his heirs & assigns or to his or their lawful attorney or receiver for the time being the first payment thereof to be made on such of the aforementioned days of payment and shall first happen after the date hereof and the said John Gardner 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 & assigns and to and with either & every of them by these presents in manner and form following that is to say that John Gardner his heirs & assigns shall and will yearly & every year forever will and truly pay or cause to be paid unto the said Earl his heirs or assigns or unto his or their Lawful attorney or Receiver for the time being on the day & the place aforesaid yearly rent or sum of nineteen shillings and one half penny by 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 shall happen that the said yearly rent of nineteen shillings & 1/2 penny 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 days of payment and no sufficient distress can be found on the premises whereon it shall be lawful to levy such rent & arrears with the full costs charges and expenses in making the same that then this present grant and all assignments thereof shall be utterly void & of none effect __ and it shall be lawful for the said Earl his heirs & assigns to reenter into the said lands and to re-grant the same to any other person or persons whomsoever as if this grant and such assignments had never been made In Witness whereof the parties above named have to these presents Interchangeably set their hands and seal the day and year herein first above written. Be it remembered on the day and year first above written } Tho Child, Esq by virtue of a special letter of attorney } Granville & Commission under the hand and seal of the above named ) SEAL John Earl Granville to be made for this purpose and } Tho Child duly entered and registered in the Secretaries office } of the Province of North Carolina Did in the name of } said Earl subscribe this grant with the said Earls title } and the seal and deliver the same as his the said Earls } act and said in the presence of us, Oct. Court 1762 Jno Agar }North Carolina} This is to certify that the within Deed was John Frohock }Rowan County } duly proved in open court and recorded in the Clerks Office as the Law directs---- Let it be registered--- John Frohock ESQ