Monday, May 17, 2010

* Jacob Brasswell, Cumberland Co., NC 1768

1768 - October 28
, John Walsh to Duncan Mackie - This Indenture Made this 28th day of October in the 8th year of his Majestys Reign and in year of Our Lord 1768. Between John Walsh Esquire Coroner of the County of Cumberland in the Province of North Carolina of the one part & Duncan Mackie Merchant of the County & Province aforesaid of the other part. Whereas by Act of Parliament of Great Britain Made & passed in the fifth year of the Reign of our late Sovereign Lord George the second King of Great Britain entitled an Act for the More easy recovery of Debts in his Majestys Plantations in America it is therein & thereby enacted among other things that from & after the 29th day of September A.D. 17 The Houses lands Negro's & other hereaditaments & real estate Situate or being within any of the said Plantations belonging to any person shall be liable to & chargable with all just debts dutys & demands of what kind a nature soever oweing by such persons to his Majesty or any of his subjects & shall & may be assessed for the satisfaction thereof & shall be subject to the like remedies & process in any Court of Law or equity in any of the said Plantations Respectively for seizing extending selling or disposing of any such Houses lands & Negros & other heradetaments & real estate towards the satisfaction of such debts dutys & demands in the like Manner as personal estates in any of the said plantations Respectively are seized extended sold & disposed of for the satisfaction of Debts is in & by the said Act Retatin thereunto being had may more fully & at large Appear, And Whereas a Writ of Plurris Plurieis Venditam Exponas issued out of his Majesty Inferrir Court of Pleas & Quarter Sessins held for the County of Cumberland dated 26th day of July in the 8th year of Our Reign A.D. 1768 at the Suit of Duncan Mackie against Jacob Brasswell late of Cumberland County for the sum of 19 pnd? 17 shillings Proclamation Money as well for his debts as for his damages sutained by the said Duncan Mackie Together also with the further sum of 4 pounds 3 shillings like Money adjudged to the said Plaintiff which said Writ were returnable to the same inferier Court to be held on the 4th Tuesday of October then Next following & directed to the said Coroner commanding him to expose to sale the lands of the said Jacob Braswell whereon he lately lived which said land had been levyed on by James Simpson then late Sheriff of Cumberland County by Virtue of an Original attachment dated the 17th day of February A.D. 1767 to him & obtained by the said Duncan Mackie and returned by the said late Sheriff levyed on the lands of the said Jacob Braswell And Wheras in pursuance of the said Writ of Pleries plur--Venditine Exponas the said John Walsh Coroner of Cumberland County aforesaid by virtue of his said Office and Confirmable to the before recited Act of Parliament & due notice given agreeable to Law did on the 28th of October 1768 set up for sale the said lands hereafter more particularly disinbed to the highest bidder at public Vendue in the Town of Campbellton in said County at which time the said Duncan Mackie became the last & highest bidder at the sum of 10 pounds proclamation Money for the aforesaid Piece of land & appertinances And Whereas the said Jacob Brasswell became posessed of the said 100 acres of land that he levyed on by Virtue of a Penal Act from Arthur Donally deceased duly executed & bearing date the -- day of -- 176- now in the hands of John Tarlow Planter & binding the said Arthur his heirs & c. to Make or cause to be made to the said Jacob & - a good & lawful deed as the Law directs to the said 100 acres of land or whatsoever quantity is contained or mentioned in the said Bond be the same more or less the receipt & payment whereof has been acknowledged by the said Arthur in his lifetime in presence of Sundry persons to wit Andrew Shepperd & James Stringfield late of this Province from the said Jacob Braswell situate lying & being in Cumberland County aforesaid on the North West of Cape Fear River on the Western side of the said River. Beginning at a Black Oak in the lower corner of Arthur Donallys plantation where he the said Donally lives (?) then by the same South 70 West 155 poles to a pine then South 20 East 155 poles to a pine then North 70 East 155 poles to a Black Oak then up the River to the first station it being part of a tract of 150 acres which said Arthur Donally purchased of Archibald Buie by deed duly executed bearing date 21st day of October A.D. 1765 Which May more fully & at large appear, Rec--se thereunto being had /Beginning May 1755 Folio 221) Now this Indenture Witnesseth that the said John Walsh Coroner of the County aforesaid in virtue & pursuance of his said Office & the Writ Aforesaid & for & in Consideration of the said Sum of 10 pounds Proclamation Money to the Said John Walsh in hand paid before the ensealing & delivery of these presents, the receipts & payment whereof the said John Walsh doth hereby acknowledge hath given granted bargained sold aliened enfoffed assigned set over Conveyed & confirmed & in virtue of his Office & in pursuance & execution of the aforesaid Writ as fully as he can & is hereby empowered & enabled doth by these presents grant bargain sell alein enfoff transfer assign set over convey & confirm unto the said Duncan Mackie all the aforesaid tract of Land Situate lying & being in the Province & County afforesaid Together with all sinjuler profit Enroluments advantages rights Members Heraditents & appurtenances whatsoever to the said lands & Buildings belonging or appertaining & the yearly rents & profits thereof & every part & parcel thereof and all the estate rights & title & interest of the said Jacob Braswell therein to have & to hold the said land & houses & other the premises herein before mentioned or intended so to be hereby granted bargained & sold unto the said Duncan Mackie his heirs & assigns forever to the only benefit & behoof of him the said Duncan Mackie his heirs & assigns forever in as full & ample a manner as he the said John Walsh Coroner of the County of Cumberland aforesaid by virtue of his said Office of Coroner of the said County & in pursuance & execution of the aforesaid Writ Plurris pluris Venditine Exponas is hereby enabled & empowered to convey alter transfer & change the said Lands & houses with the appurtenances unto the said Duncan Mackie his heirs & assigns for ever and the said John Walsh Coroner aforesaid doth hereby Covenant Promise and agree to & with the said Duncan Mackie his heirs & assigns that he the said Duncan his heirs & assigns may from time to time & at all times hereafter have hold occupy & enjoy the premises with all the appurtenances & every part & parcel thereof free & clear of all manner of Incumberances had made done or committed by him the said Coroner as by any other person or persons by his means or procurement & the said Coroner doth hereby further Covenant Promise & agree thus upon the reasonable -----st Cost & Charges in the Law of the said Duncan Mackie his heirs or assigns, he shall at all & will at anytime or times hereafter make do & execute any further or other lawful act or Acts deed Conveyance & assurance whatsoever for the further & better conveying & confirming the hereby granted premises as far as he is or can be enabled. By virtue of the aforesaid mentioned Act of Parliament & the said Writ of Pluris pluris Venditime Exponas to the said Duncan Mackie his heirs & assigns

In Witness Whereof the said John Walsh Coroner hath hereunto set his hand & seal the day & year first above written.
Signed sealed & delivered} John Walsh, Coroner {Seal}
in presence of} Received the consideration
John Walsh Sen,} Money within Mentioned
Samuel Boyd} the sum of 10 pounds Proc
Money from Duncan Mackie}

Witness My hand 28th October 1768
Witness Samuel Boyd} John Walsh
North Carolina Cumberland County July Term 1769
Then was the Execution of this Deed in Open Court
in due fum of Law acknowledged by John Walsh
Coroner & ordered to be Recorded.
And Recorded by Thomas Rutherford C.C.

(Cumberland Co., NC Book 3 Page 349-352)