Rowan-Davidson County NcArchives Deed.....Ellis Jr., John - Granville, Earl Of February 22, 1759 ************************************************ 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: Robert Ellis http://www.genrecords.net/emailregistry/vols/00017.html#0004075 and Linda Ellis January 20, 2007, 4:22 pm Written: February 22, 1759 Deed to John Ellis, Jr. Rowan Co., NC – 22 Feb 1759 [SUMMARY: Earl of Granville to John Ellis, Jr. of Rowan Co., St. Luke’s Parish, province of NC, Planter 112 A. N side of Yadkin River above the mouth of Davis’s Creek (on a land grant map drawn by Robt M. Lanier, Davis’s Creek shows as Ellis Creek). Yearly rent: 4 shillings 6 pence. This property became a part of Davidson County when it was formed from Rowan County, NC.] This Indenture made the Twenty Second Day of February in theYear of Our Lord, One Thousand Seven Hundred and Fifty Nine Between the Right Honourable John Earl Granville Viscount Cateret and Baron Cateret of Hawns in the County of Bedford, in the Kingdom of Great Brittain, Lord President of His Majestys Most Honorable Privy Council and Knight of the Most Noble Order of the Garter, of the One Part, and John Ellis, Junr of Rowan County and the Province of North- Carolina, Planter of the Other part. Whereas His Most Excellent Majesty King George the Second, in and by a Certain Indenture, bearing Date the Seventh Day of September in the Eighteenth Year of his Reign, And in the Year of Our Lord, One Thousand and Seven Hundred and forty four; And made between his said Most Excellent Majesty of the one part, And the Said John Earl Granville, by the Name, Stile, and Title of the Right Honorable John Lord Cateret, of the Other part, Did, for the Considerations therein mentioned, Give and Grant, Release, Ratify, and Confirm, unto the Said Earl, (by the Name, Stile, and Title of John Lord Cateret as aforesaid, And his Heirs and Assigns for ever, a Certain District, Territory, or parcel of Land, in North-Carolina, in America; And all the Sounds, Creeks, Havens, Ports, Rivers, Streams, and other Royalties, Franchises, privileges, and Immunities, within the Same, as they are therein set out or described, allotted, and 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 Fifteenth and Seventeenth Years of his Reign, to Eight Lords Proprietors of Carolina, as by the Said Indenture, duly Inrolled in the High Court of Chancery in Great Brittain, And in the Secretaries Office in 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 Ellis at or before the sealing and Delivery of these presents the Receipt whereof is hereby acknowledged, As Also, for and in Consideration of the Rents, Covenants, Exceptions, provisos and Agreements herein after mentioned, reserved and contained, and by and on the part and behalf of the Said John Ellis, his Heirs and Assigns, to be paid; kept and performed, he the Said Earl, Hath Given, Granted, Bargained, Sold, and Confirmed, and by these presents, Doth, from himself, and his Heirs, Give, Grant, Bargain, Sell, and Confirm, unto the Said, John Ellis, his Heirs and Assigns for ever, All that Tract or parcel of Land, situate, lying, and being in the Parish of St. Luke in the County of Rowan in the said province. Beginning at a hiccory on the North Side of the Yadkin River, and above the Mouth of Davis’s Creek, then North thirty East 10 Ch: to a white Oak on the bank of Said Creek, thence North 60 Ch: to a White Oak, thence West, 15 Ch: to a White Oak, thence North 9 Ch: to a White Oak, thence West 15 Ch: to a hiccory on the River bank, thence Down the Various Courses thereof to the beginning, Containing in the Whole, One Hundred Twelve acres; all which Said premises are more particularly Described and Set forth in the 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 Reserving Always, Out of this present Grant, and to the Kings Most Excellent Majesty, his Heirs and Successors, One fourth part of all the Gold and Silver Mines to be found in and upon the premises; And Also, excepting & always Reserving thereout unto the Said John Earl Granville, his Heirs and Assigns, One Moiety 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 Land; and all and singular Other the premises, with their Appurtenances, except as before excepted, unto the Said John Ellis, his Heirs or assigns for Ever, Yielding and Paying therefore, Yearly, and every year unto the Said John Earl Granville his Heirs and Assigns, the Yearly Rent of Four Shillings and Six pence, 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 Twenty-fifth Day of March, and the Twenty-Ninth Day of September, in every year, by Even or Equal portions; and to be paid At the Court-House for the Said County of Rowan, unto the Said Earl, his Heirs or Assigns, or to his or their Lawful Attorney, or Deputy-Receiver for the time being; the first payment thereof to be made on Such of the aforementioned Days of payment as Shall first happen after the Date hereof; And the Said John Ellis 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 and every of them, by these presents, in Manner and form following: That is to Say, That John Ellis, His Heirs or Assigns, Shall and Will, Yearly and every year, forever, well and truly pay, or Cause to be paid unto the Said Earl, his Heirs or Assigns, or unto his or their lawful Attorney or Deputy- Receiver, for the time being, on the Days, and at the place aforesaid, the Said Yearly Rent or Sum of Four Shillings and Six Pence 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 four Shillings & Six Pence, or any part thereof, Shall at any time hereafter, be behind or unpaid for the Space of Six Months, next over or after any or either of the aforementioned Days of Payment, (and no Sufficient Distress can be found on the premises, to Levy such Rent and Arrears with the full Costs, Charges and Expences in making the same) that then, this present Grant, and all Assignments thereof shall be utterly void, and of none Effect; and it shall be lawful for the said Earl, his Heirs or Assigns, to re-enter into the said Lands, and to re- grant the same, to any other Person or Persons whomsoever, as if this Grant, and such Assignments thereof, had Never been made. In Witness Whereof, the parties above-named, have hereunto set their Hands & Seals, the Day and Year first above-written. Granville, Seal By Fras. Corbin Josa. Bodley John Ellis, Seal Signed, sealed and delivered In the presence of us, Witnesses: W. Churton Willis Ellis Be it Remembered, That on the Day and year first above written The Hon’ble. Francis Corbin and Joshua Bodley, Esquires, By Virtue of a Letter of Attorney and Commission, under the hand and Seal of the Above-named John Earl Granville, 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 then Seal and Deliver the Same, As his the Said Earls Act and Deed, in the presence of us, Who in their presence have hereunto Subscribed Our names as Witnesses. Geo. Disbowr W. Churton North Carolina, Salisbury, to wit, This is to Certifie that the within Deed was proved by the Oath of William Churton, One of the Subscribing Witnesses, Sworn before me this 25th May 1759 Jas. Hasell C.J. Let it be Registered. Rowan County, NC Deed Book 4, Pp. 161(bottom), 162-163. Transcribed by Bob & Linda Ellis, Duluth, GA Nov, 2006 File at: http://files.usgwarchives.net/nc/rowan/deeds/granvill153gdd.txt This file has been created by a form at http://www.genrecords.org/ncfiles/ File size: 8.8 Kb