On November 28, 1846, William H. Schenck of Craven County sold Francis R. Vincent of Craven County a parcel of land for four hundred fifty dollars. It began at a stake on the run of Miry Branch, ran to a stake on the road side, and came back down the branch. No acreage is given. The neighbors named are W. H. Schenck himself and John Blackwell.
The witnesses were H. L. Backus and Stephen D. Sparrow. On the same day John Blackwell, witnessed by James Daniel, released any claim he had on the lot by mortgage. Sparrow proved the deed before Judge M. E. Manly, and Blackwell acknowledged his release before Judge Richmond M. Pearson, both in April 1847. Both papers were registered in Book 58, folios 293 and 294 (Steph. B. Forbes, register). James Roach bought this lot in 1851, which is why the deed is in the Roach papers. The writer’s own words are kept as written below.
Deed from William H. Schenck to Francis R. Vincent, a lot on Miry Branch and the road, with John Blackwell’s release – Craven County, 1846
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.
This Indenture, made on
the 28th day of November, A.D. one thousand
eight hundred and forty six, between
William H. Schenck of the county of
Craven and State of North Carolina,
on the one part, and Francis R.
Vincent of the county and State afore-
said, on the other part, witnesseth:
that the said William H. Schenck,
for and in consideration of the sum
of Four hundred and fifty Dollars to
him in hand paid by the said F.
R. Vincent at the time of executing
these presents, the receipt whereof
is hereby acknowledged, hath granted,
bargained, sold, conveyed, aliened
and confirmed, and by these presents
doth grant, bargain, sell convey, alien
and confirm unto the said F. R. Vincent,
his heirs and assigns, a certain parcel of
land in the county and State aforenamed
adjoining the lands of W. H. Schenck and
John Blackwell, bounded as follows:
Beginning at a Stake on the run of
Miry Branch and runs S. 84° W. 11 poles
to a Stake, then N. 45° W. 20 poles to
a Stake, S. 54° W. 11 poles to a Stake on
the Road side, then up the same N. 26°
W. 4 poles to a Stake, then N. 45° E. 21 poles
to a Poplar tree on the run of said Branch
then down the same to the first Station;
to have and to hold the said lands and
premises, and all and singular the
tenements, hereditaments, woods, ways, waters,
mines, minerals, improvements, rents, issues,
profits, remainders, reversions, previleges and
appurtenances thereunto belonging, or in any
wise appertaining to him, the said F. R.
Vincent, his heirs and assigns, to his and
their own proper use and behoof in fee
simple forever. And the said William
H. Schenck and his heirs, all and singular
the premises hereby conveyed to the said
F. R. Vincent, his heirs and assigns, shall
and will warrant and forever defend
from the lawful claim or claims of
any and all persons whatsoever. And
lastly, the said William H. Schenck
for himself, his heirs, executors and
administrators, hath covenanted and
agreed, and by these presents doth
covenant and agree to and with the
said F. R. Vincent, his heirs and
assigns, that he the said William
H. Schenck is now, at the time of
executing these presents, seized of a
good, sure and indefeasible right in
the aforesaid lands and premises,
and that he hath full power and
lawful authority to convey the same
in manner and form aforesaid,
and that the said F. R. Vincent,
his heirs and assigns, shall hence-
forward have and hold peaceable
possession and quiet enjoyment of
the same, free from any and all
judgments, executions, leases, mortgages
trusts, recognizances, dower rights, and
all other incumbrances heretofore
accrued, done or suffered by the said
W. H. Schenck or any other person what-
soever, or hereafter to accrue, be done
or suffered by the said W. H. Schenck,
or any other person for him in his
right or by his procurement.
In testimony whereof, the said W.
H. Schenck, doth hereunto set his
hand and seal, the date first
above written.
Signed, sealed,
and delivered
in presence of
H. L. Backus
Stephen D. Sparrow
W. H. Schenck (Seal)
Know all men by these presents that I
John Blackwell of the County of Craven & State of North
Carolina for and in consideration of the sum of one dollar
to me in hand paid by William H. Schenk of the County &
State aforesaid, do hereby for myself my heirs & assigns
forever release & discharge the said William H.
Schenk his heirs executors & administrators of & from
all claim & demand which I may have [by Mortgage or otherwise written above the line] to &
in the piece or parcel of land set forth in the
above deed from the said Wm. H. Schenk to F. R.
Vincent. And I do hereby covenant to & with the
said Wm. H. Schenk & his legal representatives, that I will
at all times hereafter keep him & them harmless from
all claims upon said land arising from said Mortgage
or otherwise. In testimony whereof I have hereunto set my hand
& seal this 28 day of Nov. 1846.
In presence of —
James Daniel
John Blackwell (Seal)
[On the back:]
State of North Carolina
Before me the subscriber one of
the Judges of the Superior Courts of Law & Equi-
ty in & for the State aforesaid Stephen D.
Sparrow a subscribing witness to the foregoing
deed from William H. Schenck proved
the same in due form of law to be the act
& deed of the said William for the pur-
poses therein mentioned — at Newbern
the 23rd [?] of April [?] AD 1847
Wherefore let the deed & this certificate be
registered
M. E. Manly
State of North Carolina
The execution of the within deed
of release was duly acknowledged before
me by John Blackwell the maker
thereof — Let it be registered
Richmond M. Pearson J.S.C. [?]
April 23d. 1847
W. H. Schenck’s deed to F. R. Vincent, Registered in the
Records of Craven County, Book No. 58 folio 293 & 294 — and
J. Blackwell’s release to W. H. Schenck Book No. 58 folio
293 & 294.
Steph. B. Forbes Regr.
[Docket, written sideways:]
William H. Schenck
to
Francis R. Vincent
Deed
John Blackwell’s
Release
Rc $1.20
About the original
The deed is written in a neat hand on the first three pages of a folded sheet, with John Blackwell’s release in a different hand below the signatures. The two judges’ certificates, the registration and the docket are on the outside.
The branch at the beginning is Miry Branch; the same courses in the 1851 Arthur–Roach deed in this folder spell it the same way. The words “by Mortgage or otherwise” were added above the line in the release. In Judge Manly’s certificate the day and month are cramped; they are given as 23rd of April with question marks, which matches the date of Judge Pearson’s certificate. The letters after Pearson’s name are unclear. M. E. Manly and Richmond M. Pearson were judges of the Superior Court at this time.
The release shows that John Blackwell held a mortgage on Schenck’s land and gave up any claim to the lot sold to Vincent. The deed does not give the acreage.
This is the same lot, with the same courses, that James G. Arthur sold to James Roach in 1851 after it was sold out of Francis R. Vincent’s estate (see that deed in this folder), which is why this earlier deed is with the Roach papers.
Source: Deed, William H. Schenck to Francis R. Vincent, 28 November 1846. Roach Family Papers (#346), East Carolina Manuscript Collection, J. Y. Joyner Library, East Carolina University, Greenville, NC, Box 1, Folder c (Land Records, 1728–1886). Collection guide. Digitized folder: ECU Digital Collections, 0346-b1-fc.
Images courtesy of East Carolina Manuscript Collection, J. Y. Joyner Library, East Carolina University. View this item in ECU Digital Collections.
Part of the Roach Family Papers collection on East Carolina Roots.
