[Page 1]

This Indenture made and entered into, the seventeenth day of December, in the year of our Lord, one thousand eight hundred and twenty nine, Between, Throderick F. Birchett, clerk & master in Equity for the County of Rutherford in the State of North Carolina of the first part and Arthur Bronson, Goold Hoyt & James B. Murray of the City of New York & State of New York of the second part:- 

Whereas, at a court of Equity which was held for the County of Rutherford, at the courthouse at Rutherfordton, in the State of North Carolina, at April Term A.D. 1828, it was among other things ordered and decreed by the said count, in a cause then depending in the same court between Arthur Bronson, Goold Hoyt & James B. Murray; and Peter A. Jay, Peter [W.?] Ratcliff and Eliza Thomson, executors & executrix of James Thomson deceased, complainants, and David B. Ogden defendant, "that the complainants recover of the Defendant the sum of three thousand nine hundred and seventy eight dollars & ninety cents-with interest on three thousand one hundred dollars till paid, and if the amount of principal & interest be not paid within three months, the clerk & master of Rutherford County proceed to sell the land described in the bill and Mortgage deeds upon a credit of twelve months purchase giving [bond?] with approved security: that forty days notice be given in either of the papers printed in Raleigh, and at the courthouse in Rutherford and three other public places in the County, of the times of sale; and report to next Court.  "as by the said order and decree, now on the record of said court, reference being thereto had, will appear:  And, whereas, Throderick F. Birchett esquire, the clerk & master of Rutherford County, in pursuance of the said orders and decree of the said Court, (the said David B. Ogden having failed to pay the monies according to the decree) did on the 13th day of October in the year, One thousand eight  hundred twenty eight, sell at public auction, the said mortgaged premises herein after described, having first given notice of the time & place of such sale agreeably to the orders and decree aforesaid; at which said sale, the said mortgaged premises herein after particularly described were struck off to a certain James Stevens of the town of New Port in the State of Rhode Island for the sum herein after mentioned, the said James Stevens being the highest bidder for the same: That is to say, all that certain tract of land situated in the County of Rutherford, aforesaid, Number 1041 containing as by the Patent [appears?], and as in the Bill set forth, Six thousand three hundred and twenty four acres, on the South

[Page 2]

side of Main Broad River, an Hinson's, Buck & [McKinney's?] creeks, adjoining the State line, for the price of two hundred and twelve dollars; for which sum of two hundred and twelve dollars the said James Stevens entered into bond and gave security according to the said Decrees:  And whereas at October Term of the said Court A.D. 1828 upon the coming in of the Report of the clerk & Master setting forth the sale of the mortgaged premises aforesaid, it was then by the said court, ordered and decreed "that the purchaser have leave to pay up the purchase money by discounting the interest thereon from the day of payment, to the time it would become due, and upon the payment of the purchase money to the clerk & master for said purchase, then the clerk & master execute a deed to James Stevens the purchaser for the lands sold under the decree."-And, whereas, at October Term of the said Court A.D. 1829 upon its being proved to the satisfaction of the Court, that a writing transferring and assigning over the bid of James Stevens, for the said lands, to Arthur Bronson, Goold Hoyt & James B. Murray, was of the hand writing of James Stevens: it was ordered by the court, that the clerk & master execute a deed for the land purchased by said James Stevens as mentioned in the said writing to Arthur Bronson, Goold Hoyt, and James B. Murray upon their paying up the purchase money.-

Now, therefore, this Indenture witnesseth, that the said Throderick F. Birchett clerk & master in Equity for the County of Rutherford in the State of North Carolina aforesaid, party of the first part to these presents, for and in consideration of the sum of two hundred and twelve dollars to him paid by the parties to the second part, and in pursuance of the order and decree of the said court at October Term A.D. 1829. and in obedience to the said orders and decrees: So far forth as his said office of Clerk and master, and the said orders and decrees of the said Court of Equity, herein made do direct, empower, and authorize him (and no further) hath granted, bargained [alienated?], conveyed, confirmed & set over and by these presents do grant, bargain, alien, convey, confirm & set over into the said Arthur Bronson, Goold Hoyt and James B. Murray, parties of the second part, and to their heirs, executors and assigns forever, all the aforesaid tract or parcel of land and the hereditaments and appurtenances, thereunto belonging, or in anywise appertaining;  and all the estate right, title, interest, claim and demand, whatsoever which the said David B. Ogden has, or had, in and to the said lands, or ay part thereof, whether under or by virtues of the mortgage above mentioned, or other wise howsoever.

To have and to hold all and singular the said premises above descried and mentioned, and hereby granted and conveyed or intended to be, with the appurtenances, into the said parties of the second part, their heirs and assigns. And to their only proper use, benefit and behoof forever.-

In witness whereof, the said Throderick F. Birchett clerk and master as aforesaid, party of the first part to these presents, hath hereunto set his hand and seal the day and year first above written.-

Signed Sealed & delivered in presence of}

Isaac [Fraion?]  [Signed]                                             T.F. Birchett C.&M.  [Signed & Seal]

Joshua [Normand?]  [Signed]

[Back of document]

State of North Carolina Rutherford County} April Court 1830 

No 5  T.F. Birchett, Clerk and master in Equity acknowledged the written deed in open court.  It was recorded and ordered to be Registered

certified by    [I. Braton?]  [Signed]

T.F. Birchett  [Signed]
 

T. F. Burchett Clerk & Master in Equity---to Goold Hoyt, James B. Murray & Arthur Bronson---Conveyance No 5

 

State of North Carolina Rutherford County}

I do certify that the written Deed [was?] duly entered in the Public registers office for said County this 15th of May 1830

Cha-[Charles] Lewis Regr  [Signed]

(Book 37 No 176)