Lenoir County NcArchives Deed.....Gardner, Mary E. - Spence, Henry E. & Maggie 1882 ************************************************ 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, 7:08 pm Written: 1882 Register of Deeds Office Lenoir County, NC Bk. 4, p. 782 Henry E. SPENCE & wife Maggie SPENCE of Lenoir Co., NC to Mrs. Mary E. GARDNER of Wayne Co., NC 20 Dec 1882 This Deed made this the 20th day of Dec. 1882 by Henry E. SPENCE and his wife Maggie SPENCE of Lenoir County and State of North Carolina to Mrs. Mary E. GARDNER of Wayne county and State of North Carolina. Witnesseth that said H. E. SPENCE & wife in consideration of Four Hundred dollars to them paid by Mrs. Mary E. GARDNER the receipt of which is hereby acknowledged, have bargained and sold and by these presents do bargain, sell and convey to the said Mary E. GARDNER and her heirs a tract of land in Lenoir County, State of North Carolina adjoining the lands of Capt. BIRD, W. J. NUNN, Jr. and others, bounded as follows. Beginning at a short straw pine in the head of Panther Creek in Barbara HINES line and runs East 86 poles to a light wood stake S 73 E 26 poles to a stake no. 14 E 132 30 poles a stake no. 9 poles a stake, West 116 poles a stake the Beginning contains 108 1/2 acres. To have and to Hold the aforesaid tract of land and appurtenances thereto belonging to the said Mrs. Mary E. GARDNER & to her heirs and assigns, to their only use and And the said H. E. SPENCE & wife covenant that they premises in fee and have right toe convey the same that the same are free from all encumbrances, and warrant and defend the said title to the same of all persons whatsoever. Provided, nevertheless, that if the said H. E. SPENCE & wife of the first part, their heirs executors, administrators, truly pay, or cause to be paid to the said Mary E. GARDNER of the second part his heirs executors, administrators, sum of Four Hundred Dollars according to the conditions of a certain Bond of even date herewith payable to Mrs. Mary E. GARDNER then this deed to be null and void, otherwise to be in full force and effect. But if default, shall be mad win the payment of the said sum of money or the interest or 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 her heirs executors administrators, and assigns, upon written notice to parties of the first part for 90 days, that prompt payment is expected and in default thereof sale will be made under the powers of this mortgage to sell the said hereby granted premises at public outcry at Kinston after first advertising the same at three or more public places or in the newspaper published in Lenoir County for 30 days and convey the same to the purchaser in fee simple and out of the moneys arising from such sale, to retain the principal and interest which shall then be due on the said mortgage together with all costs, and charges and pay the surplus (if any) to the said parties of the first part their heirs executors, administrators, or assigns. In Testimony whereof The said parties of the first part have hereunto set their hands and seals the day and year above written. Signed sealed and delivered in presence of E. M. SPENCE Signed: H. E. SPENCE (seal) Maggie SPENCE (seal) State of North Carolina Lenoir County I, W. S. BIRD, Justice of the Peace do hereby certify that H.E. SPENCE & Maggie SPENCE his wife personally appeared before me this day and acknowledged the deed execution of the within deed of conveyance and the said Maggie SPENCE being by me privately examined separate and apart from her said husband touching her voluntary execution of the same, doth state that she signed the same freely and voluntarily without fear or compulsion of her said husband and or any other person and that she doth still voluntarily assent thereto. Witness, my hand and private seal, the 20th day of Dec. A.D. 1882. W.S. BIRD, J.P. (seal) State of North Carolina Lenoir County The forgoing certificate of W.S. BIRD a Justice of the Peace of Lenoir County is adjudged to be in due form and according to Law. Therefore let the same with this certificate be registered. This 22 day of October 1883. W. W. DUNN, Clerk Superior Court Filed for Registration not he 10th day of Nov. 1883. at 10 O'clock. A. M. and enrolled in the office of the Register of Deeds for Lenoir County. (on side of deed: Satisfied and cancelled this November 1890. Mrs. M. E. GARDNER; for A. T. HILL, Attorney. Witness: P. A. HODGES. Deed Registered.) This file has been created by a form at http://www.genrecords.org/ncfiles/ File size: 5.1 Kb