Wayne County NcArchives Deed.....Daily, George - Spence, Timothy & Ursula 1880 ************************************************ 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: Sloan S. Mason http://www.genrecords.net/emailregistry/vols/00016.html#0003873 January 26, 2019, 5:25 pm Written: 1880 Register of Deeds Office Wayne Co., NC BK. 32, P. 198 Timothy SPENCE & wife Ursula SPENCE to George DAILY 23 Nov. 1880 State of North Carolina Wayne County This Deed mad this the 23rd day of November 1880, by Timothy SPENCE & wife Ursula SPENCE of Wayne County and State of North Carolina to George DAILY of Wayne County & State of North Carolina. Witnesseth that Said Timothy SPENCE and wife in consideration of Fifty three 13/100 dollars to them paid by George DAILY, the receipt of which is hereby acknowledged, have bargained and sold and by these presents do bargain sell and convey to the said Geo. DAILY and his heirs a tract of land in Wayne County, State of North Carolina, adjoining the lands of C.C. RICH, A. KORNEGAY and others, bounded as follows: viz: beginning at a lightwood stake & runs north with Elmithy? HINES line to A. KORNEGAY’S line: then with KORNEGAY’S line to Joel HINES line: then with his line to a stake in C. C. RICH’S corner: then with his line to the beginning containing 42 acres, more or less known as lots no. 3 & 4 in the division of the lands of Wm. HINES, dec’d. To have and to hold the same to him the said George DAILEY and his heirs in fee. And the said Timothy SPENCE and wife parties of the first part do covenant with the said party of the second part, his heirs and assigns as follows: First, that they are the owners and lawfully seized of said premises; 2nd. that they have good right to convey the same; 3rd. That the same is free from all encumbrances whatever and 4th that the said party of the second part his heirs and assigns shall quietly enjoy and possess the same and that they will warrant and defend the title to the same against all lawful claims. Provided nevertheless that if the said parties of the first part their heirs executors & administrators shall well and truly pay or cause to be paid to the said George DAILY party of the second part, his heirs exes, admins, or assigns the sum of fifty three 13/100 dollars, according to the condition of a certain bond of even, date wherewith payable to George DAILY, then this deed to be null and void, otherwise to be in full force and effect. But if default shall be made in the payment of said sum of money or the interest or of any part thereof at the time hereinbefore specified for the payment thereof the said parties of the first part in such case do hereby authorize and fully empower the said party of the second part his heirs execs., aims & assigns, upon written notice to said parties of the first part for 90 days that prompt payment is expected & in default thereof sale will be made under the powers of this mortgage to sell, the said hereby granted premises at public outcry, at Goldsboro; after first advertising the same at three or more public places or in some newspaper published in Wayne County for 30 days or convey the same to the purchaser in fee simple and out of the monies arising from sale to retain the principal and interest which shall be then due in the said Bond together with all costs and charges and pay the surplus if any to the said parties of the first part their heirs, exes., admrs., or assigns. In testimony whereof the said parties of the first part have hereunto set their hands and seals, the day & year above written. W.B. WHITFIELD Signed: Timothy SPENCE (seal) Ursula (her X mark) SPENCE, (seal) State of North Carolina, Wayne County J. W. B. WHITFIELD, Justice of the Peace do hereby certify that Timothy SPENCE & Ursula SPENCE his wife personally appeared before me this day & acknowledged the due execution of the within deed of lands and the said Ursula SPENCE being by me privately examined separate & apart from her said husband touching her voluntarily execution of the said same, doth state that she signed the same freely & voluntarily without fear or compulsion of her said husband or any other person and that she doth still voluntarily assent thereto. Witness my hand and private seal this the 24th day of Nov. A.D. 1880. W. B. WHITFIELD, J.P. (seal) State of North Carolina Wayne County The foregoing certificate of W. B. WHITFIELD, a Justice of the Peace of Wayne County is adjudged to be in due form & according to law. Therefore let the mortgage with this certificate be registered. This 25th day of Nov. 1880 R & R, Nov. 25, 1880 R. W. EDGERTON, Regt. W. T. YELVERTON, CSC File at: http://files.usgwarchives.net/nc/wayne/deeds/spence894gdd.txt This file has been created by a form at http://www.genrecords.org/ncfiles/ File size: 5.0 Kb