Tuesday, April 29, 2014

Amanuensis Monday on Tuesday: Alfred Mitchell --Deeds #1 & #2

As I mentioned in my post from last week, 52 Ancestors: #12 Alfred Mitchell --A Son Bears Witness, I want to share over the course of the next few Mondays (well, for this week Tuesday) the deeds of my 2nd great grand uncle. Like his father, Mortimer Mitchell, and sister, Rosa Mitchell Jones, Alfred went on to become a property owner as well. Here is the earliest deed I have for him, dated December 23, 1882.  I really did try to get this post out last night but my parenting duties take priority over blogging. As a result, we have Amanuensis Monday on Tuesday.  

(Part one)

     This indenture made and executed this 23rd day of December, A. D. 1882, by and between Alfred Mitchell of the one part and Abram D. Fisher of the other part, both of the County of Craven and State of North Carolina; Witnesseth that the said Alfred Mitchell for and in consideration of the sum of Two Hundred and Ten dollars, to him in hand paid by Abram D. Fisher the receipt where is hereby acknowledged, hath granted, bargained, sold and conveyed and by these presents doth grant, bargain, sell and convey to the said Abram D. Fisher his heirs, executors, administrators and assigns, a certain tract or parcel of land situate, lying and being in the County of Craven, and on the South Side of Neuse River and South Side of Crooked run adjoining the lands of Solomon Allen, James Ryan, Scipios Toodles and Crooked run containing Forty acres more or less.

(Part two)

     
      To have and to hold the aforegranted premises with the improvements and appurtenances thereunto belonging to him the said Abram D. Fisher, his heirs executors, administrators and assigns in fee simple. Provided nevertheless that if the said Alfred Mitchell his heirs executors and administrators shall well and truly pay or cause to be paid to the said Abram D. Fisher his heirs, executors administrators or assigns, Two hundred and Ten dollars, according to the condition of two certain Bonds bearing even date here with payable one on the 1st day of December, 1883, for One Hundred Dollars with interest from date at 8 percent, One note on the first day of December, 1884, for One Hundred and Ten Dollars with interest from date at 8 per cent, 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 the said notes or either of them and the interest or any part thereof at the times hereinbefore specified for the payment, the said party 

(Part three)

of the first part his heirs in such case doth here authorize and fully impower the said party of the second part his heirs executors administrators assigns, upon written notice to the party of the first part for ninety days that prompt payment is expected and in default there of sale will be made under powers of this mortgage, to sell the said hereby granted premises at public auction or cash at the Court House Door in New Berne and three other public places in Craven County and convey the same to the purchase in fee simple, and out of the monies arising from such sale retain the principal and interest which shall then be due on the said notes, (and if the default be on the first note, the second note shall be due also) together with all costs and charges and pay the surplus (if any) to the said party of the first part his heirs, executors, administrators or assigns. In testimony whereof the said Alfred Mitchell hath hereunto set his hand and seal  ? day and date first herein written. 

     Signed, Sealed, and delivered in     {Alfred Mitchell {Seal}
          presence of W. G. Brinson

(Part four)

North Carolina -----                                   Craven County
The execution of the foregoing instrument was this day acknowledged before me by Alfred Mitchell the grantor for the purposes therein expressed. Witness my hand and private seal this 23rd day of December A. D. 1882

                                    W. G. Brinson J.P. {Seal}

State of North Carolina 
            Craven County}  SS: Probate Court.
The annexed certificate of W. G. Brinson, Justice of the Peace of Craven County is adjudged correct. Let this Instrument with the certificates be registered. Witness my hand and official seal, this 23rd day of December A. D. 1882


E. W. Carpenter Probate Judge
Presented Dec. 23rd 1882, at 12 M.
Recorded Dec. 28th 1882 



(Part five)

In presence of }  I acknowledge the satisfaction of the provision of 
     Jos Nelson }  the annexed mortgage from Alfred Mitchell to 
     Reg Deeds }  to Abram D Fisher fully satisfied and paid and do 
                          hereby release and discharge the same this 17   

                          Day March 1885.
                                                           A. D. Fisher

I also have part of another deed that was also written in December 1882 which shows Alfred's purchase of another piece of land from Abram Fisher. I am lucky to have these deeds due to the kindness of a fellow researcher from the New Bern, NC who made copies for me a few years ago. Unfortunately, I don't have the second page to this other deed but a lot still can be learned from the page I do have.



(Part six)

This indenture made and executed this 23rd day of December 1882 by and between Abram D. Fisher of the one part and Alfred Mitchell of the second part, both of the County of Craven and State of North Carolina; Witnesseth that the said party of the first part for and in consideration of the sum of three Hundred and fifty dollars to him in hand paid by the said party of the second part the receipt whereof is hereby acknowledged, hath granted, bargained and sold and conveyed and by the presents doth grant, bargain, sell and convey to the said party of the second part his heirs, executors, administrators and assigners, a certain tract or parcel of land situate lying and being in the County of Craven and on the South side of Neuse River and South side of crooked run adjoining the lands of Solomon Allen James Ryan Scipio Toodles and crooked run, containing Forty acres more or less. 
     To Have and to hold the aforegranted premises with the improvements and appurtenances thereunto belonging to him the said Alfred Mitchell his heirs, executors, administrators and assigns in fee simple forever. And the said Abram D. Fisher for himself and his heirs do warrant and ...

Those names that I have in bold have some significance. Solomon Allen was Alfred Mitchell's father-in-law. The other name Scipio Toodle I will have to explain what is interesting about him tomorrow.  Let's just say, sometimes I think the ancestors have a way of making things come together. 


To be continued...

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