A printed lien form with the blanks filled in by hand, and the recording docket on the back. The words “all of his crops” in the printed form were struck out and “one Thousand lbs of Gint Cotton” written above them, so the lien covered only that much cotton.
Agricultural lien from C. M. Roach to G. W. Winters Jr. on his 1880 cotton crop – Pitt County, 1880
Transcription notes: spelling, capitalization and punctuation follow the original. Words in [square brackets] are editorial notes; [?] marks an uncertain reading and [illegible] marks words that could not be read.
[Printed form: Lien Bond secured by Real & Personal Property. – Printed and for sale by Edwards, Broughton & Co., Raleigh, N. C. Handwritten entries are given as written.]
State of North Carolina, Pitt County.
Articles of Agreement, Between C. M. Roach of said County and State, of the first part, and G. W. Winters Jr. of the County and State aforesaid, of the second part, to secure an Agricultural Lien according to an Act of General Assembly of North Carolina, entitled “An Act to secure advances for Agricultural Purposes,” and all the amendments thereto:
WHEREAS, The said C. M. Roach being engaged in the cultivation of the soil, and being without the necessary means to cultivate his crop, G. Winters have agreed to furnish goods and supplies to the said C. M. Roach to an amount not to exceed Sixty Dollars, to enable him to cultivate and harvest his crops for the year 1880.
And in Consideration Thereof, The said C. M. Roach doth hereby give and convey to the said G. Winters A LIEN upon one Thousand lbs of Gint [ginned] Cotton [written over the struck-out words “all of his crops”] grown in said County in said year, on the lands described as follows: Groing [growing] in Craven County on Lands belonging to C. M. Roach
And Further in Consideration Thereof, The said C. M. Roach for One Dollar in hand paid, the receipt of which is hereby acknowledged, have bargained and sold, and by these presents do bargain, sell and convey unto the said G. W. Winters his heirs and assigns forever, the following described Property, to-wit: one Thousand lbs of Good Gint Cotton which is to be delivered at Geo. W. Winters’s Gin
TO HAVE AND TO HOLD the above described premises, together with the appurtenances thereof, and the above described Personal Property, to the said G. W. Winters his heirs, executors, administrators and assigns.
The above to be null and void should the amount found to be due on account of said advancements be discharged on or before the first day of November 1880; otherwise the said G. Winters his executors, administrators or assigns, are hereby authorized and empowered to seize the crops and Personal Property aforesaid, and sell the same, together with the above Real Estate, for cash, after first advertising the same for fifteen days, and the proceeds thereof apply to the discharge of this Lien, together with the costs and expenses of making such sale, and the surplus to be paid to the said C. M. Roach or his legal representatives.
In Witness Whereof, The said parties have hereunto set their hands and seals this 22th day of March 1880.
Witness: H. S. Page
C. M. Roach (Seal)
State of North Carolina, Pitt County. In the Probate Court, March 28th 1880.
The execution of the foregoing Mortgage was duly proved before me Henry Sheppard Judge of Probate for said County, by the oath and examination of H. S. Page the subscribing witness thereto. Therefore, let the said Mortgage and this Certificate be registered.
Hy. Sheppard [?]
Probate Judge.
[Back:]
LIEN.
C. M. Roach TO G. W. Winters
Received in office March 30th 1880, at 3 o’clock P. M., and recorded in Book “Q 3” Page 543.
Alex. L. Blow,
Register of Deeds Pitt Co.
[Pencil:] … 20/20 [?]
About the original
The probate judge’s name is read as Henry Sheppard; his signature is hard to read. The register’s date is read as “March 30th.” A pencil note at the foot of the back is not clear.
The cotton was grown on C. M. Roach’s land in Craven County, though the lien was made and recorded in Pitt County, where G. W. Winters had his gin.
Source: Agricultural lien from C. M. Roach to G. W. Winters Jr. on his 1880 cotton crop. Roach Family Papers (#346), East Carolina Manuscript Collection, J. Y. Joyner Library, East Carolina University, Greenville, NC, Box 1, Folder d (Legal Records, 1784–1901). Collection guide. Digitized folder: ECU Digital Collections, 0346-b1-fd.
Images courtesy of East Carolina Manuscript Collection, J. Y. Joyner Library, East Carolina University. View in ECU Digital Collections: 35872.
Also from this folder: Swift Creek residents hire Turner Nelson as teacher of “Reading writing and Arithmetic” in 1823.
Part of the Roach Family Papers collection on East Carolina Roots.
