Wayne County NcArchives Court.....Potts, Henry 1918
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File contributed for use in USGenWeb Archives by:
Guy Potts http://www.genrecords.net/emailregistry/vols/00017.html#0004214 May 16, 2015, 12:15 am

Source: Wayne Co Register Of Deeds Bk 139, P 589-590
Written: 1918

State of North Carolina
Wayne County

This indenture made this the 13 day of September, 1918, by and between D. H. 
Bland, Commissioner, party of the first part, and W. F. Brogden, party of the 
second part:

Witnesseth that whereas W. F. Brogden has agreed to advance to Henry Potts the 
sum of five hundred dollars to be expended in his education during the year 1918 
and in the payment of certain necessary expenses of the said Henry Potts during 
said time, and whereas the said D. H. Bland was duly appointed Commissioner of 
the Court by an order made in a special proceeding entitled "The Petition of 
Henry Potts, Infant, by his General Guardian, W. F. Brogden", which said order 
was approved by his Honor, F. A. Daniels, Judge, on the 10th day of September, 
1918, to execute a mortgage to the said W. F. Brogden conveying a one-half 
undivided interest belonging to the said Henry Potts in the tract of land 
hereinafter described, as security for the payment of said amount of money 
advanced as aforesaid, and whereas the said sum of five hundred dollars has been 
paid over to the said party of the first part to be turned over to the said W. F. 
Brogden, Guardian, after the payment of the necessary costs of this proceeding, 
and to be expended by the said Guardian in the necessary education and 
maintenance of his ward, the said Henry Potts, as aforesaid.

Now therefore, for and in consideration of the premises and the sum of five 
hundred dollars paid to him as aforesaid, the said D. H. Bland, Commissioner, 
doth hereby bargain, sell and convey unto the said party of the second part, his 
heirs and assigns, the one-half undivided interest of the said Henry Potts in and 
to the following described tract of land situate in Wayne County, North Carolina, 
bounded as follows:

Beginning at Lou Pearl Casey's corner on the run of Stoney Creek and runs thence 
with her line S. 15 E. 160 poles to a stake, corner of Lot No. 3; thence with Lot 
No. 3 N. 32 1/2 E. 50 3/4 poles to a stake on the ditch; thence with the ditch N. 
54 W. 32 poles to a stake; thence N. 32 1/2 E. 94 poles to a stake in line of Lot 
No. 1; thence with Lot No. 1 N. 61 W. 125 poles to the run of Stoney Creek; 
thence down the run of said creek to the beginning containing one hundred 
seventeen and one half acres, more or less, and being the same land allotted to 
his mother, Louise Potts Jones, in the division of the lands of William Daniels, 
deceased, which said division is recorded in the office of the Register of Deeds 
for Wayne County in Book No. 2, page 518.

To have and to hold the above described land unto the said party of the second 
part, his heirs and assigns, in as full and ample manner as the said party of the 
first part is authorized and empowered to convey the same and no further.

The condition of this deed is that whereas the said W. F. Brogden has advanced 
the sum of five hundred dollars to be expended, after the payment of the costs of 
this proceeding, in the necessary education and maintenance of his ward, the said 
Henry Potts, and whereas the said D. H. Bland, Commissioner, was authorized to 
execute a note for said sum of five hundred dollars bearing interest from date at 
the rate of six per cent, and to convey the said one half undivided interest of 
the said Henry Potts in said tract of land above described as security therefore 
as aforesaid.

Now therefore if the said not hereinbefore referred to, together with the 
interest thereon accrued, shall be fully paid and satisfied when the same shall 
become due and payable, then this deed shall be void. And it is further 
understood and agreed that in case the said note above referred to shall not be 
paid off and discharged when the same shall be come due and payable then the 
party of the second part, or his assigns, are authorized and empowered to 
advertise said one half undivided interest in the above described tract of land, 
at the Court House door and three other public places in Wayne County, and in a 
newspaper published in said County for thirty days, and after such advertisement, 
sell the same for cash at the Court House door in Goldsboro, and convey the same 
by deed to the purchaser, and out of the proceeds of such sale pay the said debt 
and interest, and all necessary expenses of making and executing this trust, and 
the balance remaining he shall pay over to the party of the first part, or his 
legal representative.

In witness wherefore, the said party of the first part has hereunto set his hand 
and seal, the day and year above written.

D. H. Bland (Seal)
Commissioner


North Carolina
Wayne County
I, J. B. Hooks, C.S.C., do hereby certify that D. H. Bland, Commissioner, 
personally appeared before me this day and acknowledged the due execution of the 
foregoing Mortgage. Let the same with this certificate be registered.
Witness my hand and seal, this the 13 day of September, 1918.
J. B. Hooks C.S.C.

Received & Recorded Sept. 13, 1918
G. E. Grantham, Register of Deeds



Additional Comments:
Henry Potts was son of Robert Henry Potts and Louisa Daniel. Father Robert died 
of typhoid in 1900 leaving a wife and infant. Mother Louisa died in 1913.

Robert Henry was the son of Newman and Susan Marinda Lewis Potts of Brogden 
Township, Wayne.

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