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before me, H G Coroner of the said County, upon view of the body of R S, late of Raleigh, then and there lying dead; and upon the oath of A B, C D, E F, &c., good and lawful men of the said County of Wake, who being charged and sworn to inquire how and in what manner the said R S by his death came; upon their oath do say, that on the fifth day of May, in the year, and at the place aforesaid, T V, late of Wake County, carpenter, by force and arms did assault the said R S, being then and there in the peace of God, and of the State; and that the said T V, with a certain sword, of the value of which the said T V, in his right hand then and there held, feloniously and of his malice aforethought, did give the aforesaid R S, one mortal wound in the left side of his breast, of the breadth of one inch, and the depth of five inches, of which wounds the said R S instantly died, and so the said T V, him the said RS, then and there feloniously killed, and wilfully murdered, contrary to the peace and dignity of the State; and further, the said Jurors
uprn their oath do say, that the said TV, at the time of committing the felony and murder aforesaid, had no goods or chattels, lands or tenements, in the County aforesaid, to the knowledge of the Jurors aforesaid.
In testimony whereof, as well I, the said Coroner, as the Jurors aforesaid, to this inquisition have severally put our seals, the day, year and place, first above-mentioned.
CD. HG, Coroner.
DEED FOR LAND PASSING THE FEE SIMPLE TITLE.
This Indenture, made this tenth day of August, in the year eighteen hundred and fifty-two, between A B, of the County of Wake, and State of North Carolina of the first part, and C D, of the County of Granville, and State of North Carolina of the second part: Witnesseth, that the said party of the first part, for and in consideration of the sum of dollars, the receipt of which is hereby acknowleded, has given, granted,
bargained, sold and conveyed, and does hereby give, grant, bargain, sell and convey to the said party of the second part, his heirs and assigns all that tract or parcel of land, lying in the County of Wake, State of North Carolina, bounded as follows : [here give the boundaries.] To have and to hold the same with the appurtenances thereunto belonging, to C D, the said party of the second part, his heirs and assigns forever. And the said party of the first part, for the consideration aforesaid, does hereby covenant and agree to warrant and defend the premises aforesaid, to the said party of the second part, his executors, administrators and assigns, against the claim and entry of all persons whatsoever, and he does further covenant, that the said A B is seized of the premises in fee simple, and has power to make and convey such an estate by this indenture, and has done the same by these presents :
In witness whereof, the said party of the first part has hereunto set his hand and seal on the day and year above written.
A B, (SEAL.] Sigued, sealed and delivered
in presence of G H.
Vote.--The word heirs is absolutely necessary to pass a fee simple. No other word will suffice, and without it only an estate for life will be granted.
DEED OF TRUST—[2ND FORM) This Indenture, made this tenth day of August, in the year of our Lord one thousand eight hundred and fifty-two, between A B and C D, both of the County of Wake and State of North Carolina, witnesseth : That whereas the said A B, is justly indebted to the said C D, in the sum of dollars, due by bond, bearing date the first day of May, 1852, which he the said A B, honestly desires to secure and pay. In consideration thereof, and in further consideration of fifty cents, to him in hand paid by the said C D, before the signing, sealing and delivering of these presents, the receipt whereof the said C D, doth hereby acknowledge, the said A B doth, for himself his
heirs and assigns, give, grant, bargain, sell, and deliver, and by these presents bath given, granted, bargained, sold and delivered to the said C D, his heirs, and assigns, forever, for the purposes hereinafter-mentioned. (Describe the property.) To have and to hold the above described [house and lot, dc., as the case may be,] and every part thereof, with all the rights and privileges thereunto belonging, free and clear from the lawful claim
or claims, or incumbrances of any person whatever unto him the said C D, or his heirs, and assigns forever : In trust, nevertheless; that he, the said C D, or his heirs, shall and may at any time after the [date] sell the said [property as the case may be] to the highest bidder for ready money, at such time and place, as he the said C D, or his heirs shall think proper; first giving
days' notice by public advertisement of the time and place of sale, and the money arising from such sale to apply to the discharge of the aforesaid debt of dollars due, and owing to the said C D, or so much thereof as may then remain due and unpaid, and also the interest thereon, together with cost of advertisement, recording this instrument, and all other costs accruing by reason of these présents, and to make and execute all proper and sufficient assurances to the purchaser thereof, and the balance of the money, if any, to be paid to the said A B, his heirs or assigns.
In witness, whereof, we, the abovenamed, have hereunto set our hands and seals, the day and year first above written.
A B, [SEAL.]
CD. SEAL.] Signed, sealed and delivered
FORM OF A DESD OF CONVEYANCE BY HUSBAND AND WIFE,
FOR LANDS DESCENDED TO THE WIFE.
This Indenture made on the tenth day of August one thousand eight hundred and fifty-two, between A B and C his wife of the county of Wake and State of North Carolina, on the one part; and D E of the county of Wake, and State of North Carolina, on the other part witnesseth : Whereas F G, late of the county and State aforesaid, was lawfully seized in
bis demesne as of fee of and in a certain tract of land situate in the county and State aforesaid, on the waters of adjoining the lands of H I, J K and others, supposed to contain six hundred and forty acres, with the appurtenances; and being so thereof seized and possessed, died intestate, leaving issue four children, viz:-the aforesaid C, wife of the said A B, L, M, and O, to whom the same, according to the laws of the State, did descend and come, as tenants in common; and no partition having yet been made between the said children, the said A B and C his wife hold, and are entitled to an undivided interest in the same, consisting of one fourth part of the said tract of land. Now, therefore, this indenture witnesseth that, the said A B and C his wife, for and in consideration of the sum of
dollars to them in hand paid by the said D Е, the receipt whereof is hereby fully acknowledged, have given, granted, bargained, sold and confirmed, and by these presents do give, grant, bargain, sell and confirm unto the said D Е, all their right, title. interest and claim in and to the said undivided fourth part of the lands and premises above described. To have and to hold, together with all and singular the privileges and appurtenances thereunto belonging, or in anywise appertaining, to him, the said D Е, his heirs and assigns, free and discharged of any and all incumbrance, in fee simple absolutely forever, and the said A B and C his wife, have covenanted, and by these presents, for themselves and their heirs, to and with the said D Е, his heirs and assigns, do covenant to warrant and forever defend the title hereby conveyed, from the lawful claim or claims of any and all persons whatsoever.
In testimony whereof, the said A B and C his wife, do hereunto set their hands and seals the day and year first above written.
CB. . Signed, sealed and delivered
in presence of
A B, (SEAL
FORM OF TIIE CERTIFICATE OF THE WIFE'S PRIVY EXAMINATION.
State of North Carolina,
Court of Pleas and Quarter Ses
I, R S, one of the members of the said Court, do hereby certify, that I this day took the privy examination of C B separate and apart from her husband; whereupon she acknowledged that she executed the foregoing deed of conveyance of her own free will and choice, and without fear, compulsion, or the constraint of her husband the said A B; and that she doth voluntarily assent thereto. Certified this 7th day of February, A. D. 1852.
RS, Member of Court.
Where any conveyance for lands in this State, or power of attorney for the conveyance of lands in this State, hereafter shall be made by husband and wife, or power of attorney residing in any of the United States, other than this State, or in any of the territories of the United States, or in the District of Columbia, be, by them, personally acknowledged, before some one of the judges of the courts of supreme jurisdiction, or before some one of the judges of the superior courts of law, or circuit courts of law of superior jurisdiction, within said state or territory, the wife being first privily examined before said judge, whether she doth voluntarily assent thereto; and an attestation of such acknowledgement, endorsed on, or affixed to said deed by said judge, and the certificate of the Governor of the said state or territory, duly authenticated, and annexed to said deed, that the judge before whom such acknowledgement may be taken, was, at the time of taking thereof, one of the judges of the courts of supreme jurisdiction, or one of the judges of the superirr courts of law or circuit courts of law of superior jurisdiction in said state or territory, or in the District of Columbia, such deed being exhibited to the Court of Pleas and Quarter Sessions of the county where the lands lie, or to one of the judges of the superior courts, shall be ordered to be registered with the certificates annexed thereto; and such deeds and certificates, in pursuance of such order, being hereafter registered,