Item Number:
0083
Description:
Indenture dated December 26, 1874, Henderson County, result of a
bankruptcy. Bankruptcy sale of 100 acres was held on the steps of
the Henderson County Courthouse on December 23, 1874.
Date of Item:
1874-12-26
Category:
Supporting Documents
Location:
Box 1
No available
image.
[Page 1]
Bankrupt Sale:
By virtue of a decree directed to me by the Hon. R.P. Dick, Judge of
the U.S. District Court for the Western Dist [district] of North
Carolina, I will proceed to sell at the Court Lower door(?) in the
towns of Hendersonville and Co [county] of Henderson on the 23rd day
of Dec 1874 the absolute interest of J.C. Carr, Bankrupt in the
following valuable tract of land, to wit:
One tract in the County of Henderson lying on the waters of Devils
fork adjoining lands of J.L. Hill, [et al?] containing 100 acres
more or less. [Terms?] cash on day of sale. Purchaser to pay for all
papers.
M.C. [Torres?], Assigner
This Dec 1874
[Page 2]
This indenture made and entered into this the 27 day of January 1879
between J.C. Case and wife S. and lease and S.V. Pickens all of
Henderson County. Witnesseth that for and in ... of the said Pickens
conveying to the said Case a part of his old the [mentioned?] tract
- where his said lease now lives. He the said J.C. Case and wife
S.A. Case remit, release, and do hereby forever quit claims unto the
said S.V. Pickens his heirs and assigns forever all our interest in,
or claim of whatsoever kind upon the ... or ... of all the land
specified in a certain line to S.V. [Pickens?], made by M.C.
[Torres?] assigner in Bankruptcy of the said J.C. Case, except that
part on south of the Road Leading [Grain?], Case's house and a small
piece on north side, between [Road?] the first branch and Jeff
Cases' line, as described in agreement. And I J.C. Case hereby
acknowledge John [Jachin?] and withdraw all proceedings in the W.
District(?) Court against said Pickens ... for anything.
Given under our hands and seals this the day above written
In presence of
R.J. [Hellinsworth?]
J.C. Case
Sarah A. Case
[Page 3]
This indenture made this the 26th day of Dec. A.D. 1874 between J.C.
[Torres?], assignee of J.C. Case Bankrupt of the one part and S.V.
Pickens of the second part witnesseth whereas by a decree of the
Dist. Court of the United States for the Western Dist. of North
Carolina in the case of J.C. Case Bankrupt praying the benefit of
the Act of Congress entitled an Act to Establish a uniform system of
Bankruptcy throughout the U.S. approved March 2, 1867, it was
[included?] by said Court that the Land is herein of the described
should be sold free from the homestead or any other inconvenience
and whereas at a sale of said lands or in accordance with said order
and mode on due notice of time and place of sale the party of the
second part because the purchase at the sum of two hundred and
thirty dollars. Now therefore this indenture witnesseth that the
said party of the first part for and in consideration of the
premises and the sum of
[Page 4]
two hundred and thirty dollars to him in hand paid by the party of
the second part the receipt whereof is hereby acknowledged hath
given granted [bargain?] of and sold and doth by these presents
given Grant [bargain?] and sell [?] the said part of the second part
a certain prices parcels of land situated lying and being in the
County of Henderson on the waters of Devil Fork adjoining lands of
Sorin Hill Et al and containing 44 acres more or less first tract
beginning on a chestnut on Joseph Jones line a corner between Sorin
Hill and J.C. Case thence north 150 poles to a hickory thence west
about 50 poles to a stake and pointers the conditional between T.J.
Case and J.C. Case thence south 150 poles to a black oak on J. Jones
line thence east 50 poles to the beginning corner. A track adjoining
land of Louis Hill Et al on Devil's Fork beginning on a pine to old
... Now the said J. Jones Hills corner
[Page 5]
thence west 82 poles to a stake at Case's [lines?] thence south 66
poles to a stake and pointers a corner made between Sorin Hill and
the said Jones thence north 70 degrees east with a line made and
agreed on between the said Hill and the said Jones 82 poles to a
stake by a cross fence thence north 40 degree east 53 poles to the
[...ging?] containing 30 acres more or less. 3rd track beginning at
a black Joseph [Selbach?] and wife claim and runs with this line 158
poles to a [fence?] on its South side of a ridge Louis Hill and J.
Hill and Myers corner thence with Myers line west 179 poles to a
stake and pointers in Myers line thence North 40 poles to a black
oak on the south side of a creek. Miller's corner thence with his
line north 16 degrees east 160 poles to a stake and partners in
Myers line thence with Myers line east 188 poles to this Black oaks
in John [Sliff's?] and Myers line thence South 30 poles to a stake
and pointers Myers and [Gelhart's?] line
[Page 6]
thence with their line to the beginning, containing 140 acres more
or less and being the same tracts described in the [schedule?] of
the aforementioned Bankrupt now on file in the said Dist. Court of
the U.S. at Asheville. To have and to hold [when?] the said party of
the second part his heirs and assigns forever, together with all the
appurtenances thereunto belonging on in any will appertaining
[free?] from the claim and claims of all persons whoever and the
said {Mc...?] party of the report warrants and defends the
[premises?] aforesaid unto the party of the 2nd part his heirs and
assigns so for as he is authorized to do by virtue of his said
office of Assignee and no further [into?] testimony. Whereof he has
hereunto set his hand and affixed his seal the day and year above
written.
M.C. [Torres?] [Signed & seal]
Assignee of J.C. Case
[Page 7]
State of North Carolina in the Probate Court Henderson County
Be it remembered that on the 26th day of December 1874the execution
of the annexed deed was duly acknowledged by the maker(?) thereof.
Therefore let the said deed and the certificate be Registered.
C.M. Pace [Signed]
Probate Judge
State of North Carolina Henderson County Registers Office
This the 2nd day of January A.D. 1875 the written deed and the above
certificate has been duly registered in book No. 10 at Page 572 and
573.
J.B. Gash [signed]
Register of Deeds
[Page 8]
State of North Carolina Clerks Henderson County Clerks office in
vacation the 21st day of October 1854 The Executor of the written
deed was duly acknowledged before me by Thomas [J.?] Case the maker
thereof recorded and ordered to be Registered
Witness
[R.N.?] Allen, C.C.C. [Signed]
State of North Carolina Henderson County} Registers Office the 27th
June A.D. 1855. The within and foregoing deed and certificate was
duly registered in Book No. 5 at Page 681 and 682.
Lambert [Clayton?], C.R.
[Page 9]
Know all men by these presents that I Thomas J. Case of the first
part and J.C. Case of the other part of the county of Henderson and
State of North Carolina in consideration of the sum one hundred and
sixty two dollars to me paid by J.C. Case the receipt whereof is
hereby acknowledged by these presents grant remiss, release and
forever .. claims unto the said J.C. Case his heirs and assigns all
my right title interest and estate in and to a lot of land situated
in the county and State aforesaid {Recorded?] and described as
follows to wit: Beginning on a chestnut on James Jones line a corner
between Lewis Hill & J.C. Case running north one hundred and fifty
poles to a hickory thence west fifty poles more or less to a stake
and pointers the conditional line between T. [Hease?] and J.C. Case
thence south one hundred fifty poles to a black oak on J. Jones line
thence east fifty poles to the beginning corner containing forty
four acres more or less. To have and to hold the above released
promises to him the said J.C. Case his heirs and assigns and to his
and their use and behoof for ever so that neither I the said T. [Hease?]
nor my heirs nor any other person or persons claiming by from or
under me all there or in the name right or stead of me or theirs
shall or will by any way or means have claims or demand any right or
title to the above released premise or to any part or parcel thereof
forever. In witness I the said T. [Hease?] have hereunto set my hand
and seal this twelfth day of April in year of our Lord eighteen
hundred and fifty two.
Sign sealed and delivered in presence of us witness
[Signed]
C.A. Case
Landon ...
Thos J. Case [sealed]