Rowan-Davidson County NcArchives Deed.....Ellis Jr., John - Granville, Earl Of December 21, 1761 ************************************************ 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, 4:45 pm Written: December 21, 1761 Deed to John Ellis, Jr. Rowan Co., NC – 21 Dec 1761 [SUMMARY: Earl of Granville to John Ellis of Rowan Co., province of NC, 520 A. W side of Deep River about a mile and a half below the Trading Path. Yearly rent: 20 shillings 10 pence. This land later became a part of Davidson County. Pp. 627-628] This Indenture made the Twenty First Day of December in the Year of Our Lord, One Thousand Seven Hundred and Sixty One 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, of Rowan County in the Province of North-Carolina, of the Other part. Whereas His Most 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 Our Lord, One Thousand 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, lying in the province of 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, 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 of 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 Ellis at or before the sealing and Delivery of these presents the Receipt whereof he the Said Earl Doth hereby Acknowledge, 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 Give, Grant, Bargain, Sell, and confirm, unto the Said John Ellis, his Heirs and Assigns for ever, All That Tract or parcel of Vacant Land, situate, Lying, and being in the County of Rowan in the Said province; Lying on the West side of Deep River, about a mile and a half below the trading path, beg: at a walnut, on the river bank, then West five Chs: to a White Oak, then So. 90 Chs: to a Black Oak, then East 65 Chs: to a Spanish Oak, then North 70 Chs: to a White Oak on the river bank, then up the river to the beginning, containing in the whole five hundred and twenty 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, 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 this present Grant unto 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 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 Vacant Land; and all and singular Other the premises, with their Appurtenances (except as before excepted) unto the Said John Ellis, his Heirs and assigns for Ever, Yielding and Paying therefore, Yearly, and every year unto the Said John Earl Granville his Heirs or Assigns, the Yearly Rent or sum of Twenty Shillings and Ten 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 of September, in every year, by Even and Equal portions; and to be paid At the Court House of the Said County of Rowan, unto the Said Earl, his Heirs or 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 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, for Ever, 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 Receiver, for the time being, On the Days, and at the place Aforesaid, the Aforesaid Yearly Rent or Sum of twenty Shillings and ten 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 twenty Shillings & ten 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, whereon it shall be Lawful to Levy Such Rent & 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, had Never been made. In Witness Whereof the parties above-named, have to these presents, interchangeably Set their hands and Seals, the Day & Year herein first above- written. Granville (Seal) by Tho. Child. Be it Remembered, That on the Day and year first above written Thomas Child, Esqr, 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 this purpose, and Duly Entered and Registered in the Secretary’s 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. James Coupland Wm. Gibson John Frohock Rowan County, January Court, 1762 The within Deed of Sale was Duly proved in Open Court by the Oath of John Frohock one of the Subscribing Witnesses thereto & Recorded Let it be Registered John Frohock, CC Rowan County, NC, pp. 627-628 Transcribed by Bob & Linda Ellis Duluth Ga. Transcribed by Bob & Linda Ellis, Duluth, GA Nov, 2006 File at: http://files.usgwarchives.net/nc/rowan/deeds/granvill158gdd.txt This file has been created by a form at http://www.genrecords.org/ncfiles/ File size: 8.5 Kb