Abstract of Title to Lot on Spruce Street made for
Trustee of Congregation Beth-Ha-Tefillah [Beth-ha-Tephila]

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Item I.D.#

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Abstract of Title
to
Lot on Spruce Street
Made For
Trustees of Congregation Beth-Ha-Tefilla [Tephila]

Asheville, N.C.

Dear Sirs-
We herewith send you an abstract of title of the old Christian Church property next to the corner of Woodfin and Spruce Streets in this city. We submit the following opinion upon said title, subject to the remarks contained herein and in the attached abstract.
The deed from E. H. McClure, Clerk and Master in Equity, to Joseph M. Rice is not on record, but this is probably immaterial in so far as the validity of the title is concerned, as the certificate of Joshua Roberts, Commissioner, copied in the second nine of the attached abstract tends to establish that Joseph M. Rice was the purchaser of the land and that he had paid the purchase-price in full; and in addition to this, Rice's deed to Patton and Osborne recites that McClure had made a deed to Rice.
We found in Book 25, page 360, a deed in trust form from H. Franze to N. Blackstock, trustee, to secure the payment of eight hundred dollars due James M. Smith on July 25, 1858. This trust deed was probably given to secure the payment of part of the purchase money, as it bears date about the date of the deed from Smith to Franze, see No 13 of attached abstract-; and conveys the land described in that deed. There does not appear to be any release of record, no is there any conveyance of record from Blackstock to anyone else for this land. We believe the debt was paid for J.M. Smith was not a man to leave a debt uncollected. However, if it was not paid, in all human probability neither the debt nor trust deed can now give trouble because of the lapse of time and the resulting probable bar of the Statute of Limitations.

We call attention to certain words in the section 14 of the...

Encumbrances.

1. There is a deed of trust on this property given by T. M. Myers and wife Zeb F. Curtis, trustee, to secure the payment of $700.00 due one year after March 9th, 1901. The trust deed is abstracted in Section 17 of the abstract and is a valid and binding lien on said property. This trust deed should be paid off and released of record before the title is accepted.

2. The County and State taxes now due and owing by T. M. Myers which might become a lien upon this property amount to $36.60 and should be paid off before the title is accepted.

3. The taxes due the City of Asheville by T. M. Myers which might become a lien upon this property amount to $36.60 and should be paid off before the title is accepted.

4. There is a sidewalk assessment against this particular property (which is a specific lien thereon) amounting to $10.40, of which the sum of $3.25 is now due and the sum of $7.15 is not yet due. Both sums should be paid off before the title is accepted. T

This examination was completed April 2nd, 1902.

Asheville, N.C., April 10th, 1902.

2.

John Burton
to
Zebulon and  Bedent Baird.

Deed in Fee.
Book 2, page 252.
Registered no date.
Consideration L 200.

Words of Conveyance: Give, grant, bargain and sell to Z and B. Baird, their heirs and assigns.

Description: A certain tract or parcel of land lying and being in the County of Buncombe and state aforesaid, it being a tract granted to J. Burton, bearing date the 20th day of [July?], 1794, it being the town tract, including the town, all except what lots is sold and made over, the said tract is joining Gillihan's entry, beginning at a black oak, Burton's Southeast corner, and runs South towards Swannanoa 253 poles.
 

Covenants: For quiet and peaceable enjoyment and freedom from encumbrances.

Warranty: General, against all claims whatsoever.

Signed: John Burton (Seal)
Probate: No probate.

3.

Andrew Baird vs. Z. & B. Baird.
Judgment for certain sum of money in Burke County. See Baird vs. Baird 1st Dev. and Sat. Equity, page 524. For recitals, see deed following.

4.

Henry Grady, Sheriff Buncombe Co.
to
Zachariah Candler.

Deed in fee.
Book 14, page 218.
Dated Oct. 7th, 1815.
Registered Aug. 16th, 1827.
Probated April Term Co. Court 1824.
Consideration $430.

Recites: Execution from Buncombe County against Zeb Baird and B. Baird on judgment assigned to James Murphy for 267 pounds 6 s. 7 d.; levy on land, no goods and chattels found; due advertisement of sale' sale made March 22nd, 1815; that Z. Candler was last and highest bidder for $430.00.

Words of Conveyance: Bargain, sell, alien, oneoff, convoy and confirm unto Z. Candler his heirs, executors and administrators forever.

Habendum: In fee. "In as full and ample a manor as he the said Sheriff is empowered by virtue of his office to do."

Covenants: For quiet enjoyment of possession and freedom from encumbrance by H. Grady.

Signed: H. Grady (Seal)

Probate: "The within deed was acknowledged in open court (County Court) recorded and ordered to be registered." John Miller, Clk. by E. H. McClure, D. C.

Note: This deed was made in accordance with sale under execution issued on judgment next above recited, which had been previously assigned by Andrew Baird to James Murphy. The judgment was obtained in Burke County. See old records in Clerks office of Buncombe.

5.

Zachariah Candler to Zebulon Baird.
Deed.
Book 13, page 361.
Dated October 25th, 1815.
Registered Sept. 15th, 1826.
Probated Co. Court Apl. T- 1824.
Consideration $420.

Words of Conveyance: Given, granted, bargained sold and conveyed unto Z. Baird, his heirs and assigns.

Description: Same as in No. 4.

Habendum: None.

Covenants: Full covenants and warrants to Z. Baird and his heirs, against all claimants through or under Z. Candler or his heirs or assigns.

Signed: Zachariah Candler, (Seal)

Probate: Within deed was duly acknowledged in open court, recorded and ordered registered. John Miller, Clk. E. H. McClure, D.C.

6.

Zebulon Baird
to
Hannah Baird, (His Widow) Mira M. Vance, Sarah Ann Smith, John M. W. Baird, Joseph C. Baird, Adolphus E. Baird, Andrew N. Baird, James E. Baird, his children and only heirs at law.

7.

Bedent Baird, Pltf.
v.
Hannah Baird, widow of Zebulon Baird, David Vance and wife Mira M. Vance, B. J. Smith and wife Sarah Ann Smith, John M. W. Bard, Adolphus E. Baird, Joseph C. Baird, Mary A. Baird, Andrew N. Baird, and James E. Baird, children and heirs at law of Zebulon Baird, and D. L. Swain, Admr. of Zebulon Baird.

Suit in Equity. Begun September 1827. Ended June Term of Supreme Court 1837.

Note- This was a suit begun by Bedent Baird to have the Sheriff's deed to Candler and Candler's deed to Z. Baird cancelled, and that he, Bedent Baird be declared owner of one half interest in lands sold by said sheriff and conveyed in his said deed. The suit was decided against the plaintiff, B. Baird (see Baird v. Bard 1 Dec. & Bat. Eq., page 524), and the title of Z. Baird's heirs under the said deeds was confirmed. The Record Books of Buncombe County of that date

Covenants: Covenants and warrants all except parts hitherto sold.

Signed: James E. Baird (Seal)
A. N. Baird (Seal).

Witnesses:
D. L. Swain,
D. Vance, Jurat.
N. Blackstock.

Probate: The within deed was duly proven in open court by the oath of D. Vance subscribing witness thereto, recorded and ordered to be registered. John Miller, Clk. by Q. B. Whitson, D. C.

9.

Hannah Baird, David Vance and wife Mira M. Vance, [B.] Smith and wife Sarah Ann Smith, John W. Baird, Joseph C. Baird, James M. Smith, and Adolphus E. and Mary A. Baird minors, by their guardian David Vance.

Ex parte proceedings. Petition for sale for Partition. Court of Equity, Spring Term, 1838.

Note- This was petition for sale of lands belonging to the estate of Z. Baird for purpose of division. The old record books of the Equity Court, of this date were burned, but we found the original petition among some old papers in the clerk's office. It was filled by B. Shipp, attorney for the petitioners above named at Spring Term 1838 of Court of Equity. It sets forth:
1. Name of petitioners.
2. That Z. Baird died in 1824 intestate.
3. Name of widow and heirs (same as in No. of this abstract.)
4. Describes lands Z. Baird died seized and possessed of. The third tract described is same as that in No. 1 of this abstract.
5. Parts sold by Z. Baird are excepted.
6. Represent that it will be greatly to advantage of all to have lands sold.
7. Widow claims right of dower, but wishes land sold and have dower assigned from proceeds.
8. James M. Smith had bought the interests of Andrew N. Baird and James E. Baird, and had deed for same.
9. Petitioners unite in request for sale under direction of the Court.
10. Affidavit of John M. Baird and James M. Smith that the interests of the tenants in common demand a sale.
Among the old papers we found the original report of Joshua Roberts, made to Spring Term, 1839 of Equity Court, which recites, among other things, that in obedience to a decree of Equity made at Spring Term, 1838, he took inventory of lands of Z. Baird's estate, that the widow had sold her dower right to the heirs, that James M. Smith had bought the interests of James Baird and Andrew Baird, who were of full age, that he had subdivided the land into lots that he had truly advertised the sale, that he sold the lots at public auction on twelve months credit on 21st and 22nd days of August, 1828, "when and where the whole of said
 

10.

E. H. McClure, C. M. R.
to
Joseph N. Rice

Deed not on record. See recitals in next deed.

Notes: From a careful examination of the various deeds made to the purchasers of the Baird lands by Joshua Roberts as above mentioned, we found that they were made by E. H. McClure, Clerk and Master in Equity. They recited sale by Joshua Roberts and payment of purchase money. It is evident the report of Joshua Roberts, Comr. had been approved by the Court of Equity, and its clerk was ordered to make deed when purchase money was paid. We were also enabled by the examination of the deeds made to purchasers by E. H. McClure, C. M. E. to definitely locate the land purchased by Rice,

and lot in question is within the 4 1/4 acre lot.

11.

Joseph M. Rice
to James W. Patton and Joseph R. Osborne

Deed in fee.
Dated November 1st, 1845.
Book 23, page 290.
Registered April 25th, 1846.
Consideration, none given, evidently omitted in registration.

Words of conveyance: Hath given, granted, bargained and sold, released, oneoffed, conveyed and confirmed and by these presents doeth give, grant &c. unto James W. Patton and Joseph R. Osborne, their heirs and assigns forever.

Description: "Situate, lying and being in the County of Buncombe, in the corporation of the town of Asheville, being a part of a portion of the land sold under decree for the division of the estate of Zebulon Baird late of said County, as per rederance to a deed of conveyance from the clerk and master in Equity of said county E. H. McClure, bearing date 2nd November, 1845 will fully appear. Beginning at the Northwest corner at a stake of a four acre lot on the back street and runs with the line of the same North 72 degrees East sixty eight poles to a stake on the East line of the town tract or to the said James W. Patton's line, thence with that line North 2 degrees East ten poles to stake on the 2nd cross street, then with that street to the back street, then with that to the beginning, containing four and three-quarter acres." Also another tract.

Habendum: In fee.

Covenants: To defend the title.

Signed: Joseph M. Rice (Seal)

Probate: "The within deed was duly acknowledged in open court by the maker thereof. Is recorded and ordered to be registered. A. Henry Clerk."

12.

Joseph W. Patton and Joseph R. Osborne
to
James M. Smith.

Deed not of record.

Note: We cannot find this deed, but Patton and Osborne must have conveyed to Smith, as he conveyed to Franz. Patton and Osborne live several years after the execution of the deed by Smith to Franz, and consequently they and their heirs are all barred by statute of limitations even if there was no need from them.

13.

James M. Smith
to
H. Franz

Deed in fee.
Dated July 25th, 1854.
Book 35, page 399.
Acknowledged, Fall Term, 1854.
Registered, no date.
Considered $1200.

Words of conveyance: Hath given, granted, bargained, sold, aliened and confirmed by these presents doth give, grant, bargain, sell, alien and confirm unto said H. Franz, his heirs and assigns forever.

Description: "Situate, lying and being in the County of Buncombe and town of Asheville: beginning at a black gum a conditional made by and between James M. Smith and Dul. A. Hawkins, being on the original line between their lots, and runs thence South 17 degrees East ten poles to a stake on E. Clayton's line, then with his line South 73 degrees West 30 1/2 poles to a stake on the East margin of a street that passes Clayton's shop- then with that street North 17 degrees West 20 poles to a stake on the South margin of the street leading from N. Woodfin's law office to the Steward's hall; then with that street North 73 degrees East 30 1/2 poles to a stake, then south 17 degrees East 10 poles to the beginning, containing 4 acres, be the same more or less, including the place where the said H. Franz now lives."

Habendum: In fee simple.
 

14.

Herman Franze
to
Trustees Baptist Church

Deed in fee.
Dated Aug. 21st, 1863.
Book 27, page 387.
Registered
Consideration $400.00

Words of Conveyance: Hath given, granted, bargained and sold, aliened and confirmed and by these presents doth give, grant, bargain and sell, alien and confirm unto the said trustees, as aforesaid, and assigns forever.

Description: Beginning on the north east corner of the lot on which said Herman Franze now resides and upon which the lot hereby conveyed is out off and runs in an easterly direction with said Franze's line and fence to the fence erected by Samuel Stradley, Sr., as the line fence between him and the church lot; thence a northerly direction with said last named fence to the street leading from Woodfin's law office to and by the Steward's Hall building; thence in a westerly direction with the last named street to the street loading from Vance's law office to the last named street' thence in a southerly direction with the last named street to the beginning, containing one acre.

Habendum: To have and to hold with the appurtenances  unto the said David Gasson, C. C. Matthews, G. N. Alexander, G. W. Shackelford and J. F. Sulivan and their successors in trust for their use and [behoof] of the said Baptist Church in the said town of Asheville, forever, for the purpose of public worship according to the rules of said church.

Covenants: [Seizen] in fee; "full power and ability to convey the same and hereby conveyed the same in fee simple;" warrant and defend the title.

Signed: Herman Franze, (Seal)
Witness: B. M. Edney

15.

Trustees Baptist Church
to
Trustees Christian Church.

Deed in fee.
Dated Oct. 15th, 1891.
Book 79, page 467.
Registered Oct. 17th, 1891.
Consideration $3700.

Words of Conveyance: Have given, granted, bargained, sold, conveyed and confirmed and by these presents do give, grant, bargain, sell, convey and confirm unto the said parties of the second part their successors and assigns forever.

Description: Beginning at a stake in the east edge of Spruce Street 62fee and four inches north of the southwest corner of the 1st Baptist Church lot and north west corner of Mrs. C. B. Duffield's lot, runs thence north with the edge of Spruce Street 50 feet and 4 inches to a stake; runs thence East 111 feet to a stake; thence runs South 50 feet and 4 inches to a stake; thence runs West 111 feet to the beginning in the edge of Spruce Street.

Habendum: In fee.

Covenants: Seizen in fee; right to convey; freedom from encumbrances; warrant and defend the title.

16.

Trustees Christian Church
to
T. M. Myers.

Deed in fee.
Dated
Book 114, page 333.
Registered Apr. 7th, 1900.
Consideration $2000.00

Words of Conveyance: Have bargained and sold, and by these presents do bargain, sell and convey unto the said party of the second part, his heirs and assigns forever.

Description: Same as in No. 15 hereof.

Habendum: In fee.

Covenants: Seizen in fee; right and power to convey; warrant and defend the title.

Signed:
Frank McCrary, (Seal)
J. M. Smith, (Seal)
Geo. W. Culvern, (Seal) Trustees.
H. C. Hunt, (Seal) Former trustee.

Probate: Regular.

title017

17.

T. M. Myers and wife,
to
Zeb F. Curtis, Tr.

Deed in Trust.
Dated March 9th, 1901.
Book 50, page 242.
Registered March 11th, 1901.
Amount $700.00
Due one year after date.

Words of Conveyance: Has bargained and sold, and by these presents does bargain, sell and convey unto said party of the second part, his heirs and assigns forever.

Description: Same as in No. 15 hereof.

Habendum: In fee.

Covenants: Usual covenants.

Powers: Usual powers.

Signed:
T. M. Myers (Seal)
M. C. Myers (Seal)

Probate: Acknowledged before and private examination taken by notary public. Clerk Superior Court says: "Let the deed in trust, with this certificate, be registered."