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Deed, Owen MacDaniel to Edward Tool, Sr.

Deed EDWARD TOOL Book E p. 266-8 Bertie Co., N.C. 1738

No. Carolina
To all people to whome these presents shall come, Greeting etc.
Know ye that I Owen MacDaniel of Bertie Precinct in the County of Albemarle in
his Majesty's province of North Carolina, for and in consideration of the sum
of twenty five pounds current money of Virginia in hand already paid
before the ensealing thereof by EDWARD TOOL, of the County and
Precinct aforesaid the receipt whereof I do hereby acknowledge and
myself therewith fully satisfied and contented and thereof and of every part and
parcel thereof do exonerate acquit and discharge the said EDWARD TOOL
his heirs executors admrs forever by these presents, have given, granted
bargained, sold, aliened, conveyed and confirmed, and by these presents do
freely, fully and absolutely give grant, bargain, sell alien, convey, and
confirm unto him the said EDWARD TOOL, his heirs and assigns forever,
one messuage or tract of land and plantation situate lying and being in
Bertie Precinct in the County aforesaid Containing by estimation two
hundred acres of land and plantation, be the same more or less, part
of a patent formerly granted to John Waim bearing date the 5th day of April
one thousand seven hundred and twenty and since made over from John Waim
by a conveyance to Owen MacDaniel, butted and bounded as followeth
beginning at a marked Maple standing in Jumping Run by the main water
course; thence running along a row of marked trees to a marked Red Oak
standing in or nigh a branch of Flagg Run thence along a row of marked
trees until it comes to a scrub white oak; thence through a small meadow
unto a marked pine standing on the Hill by the meadow side; then along a
row of marked trees until it comes to a small marked pine standing in
Thos Busby's line; so along the said Busby's line to the corner and then along
the said line till it meets with Jumping Run and then down the main water
course of the said Run, until it comes to the first station; it being the
same land and plantation that the former conveyance from Owen MacDaniel to
EDWARD TOOL was for but by default in laying of the land did not lay
of the said TOOL'S due, and now hath made an addition to make the two
hundred acres. To have and to hold the said granted and bargained
premises with all the appurtenances privileges commodities to the same
belonging or in any wise appertaining to him the sd EDWARD TOOL, his
heirs and assigns forever, and their only proper use, benefit and behalf
forever, and I the said Owen MacDaniel, for me my heirs, executors
administrators do covenant promise and grant to and with the said
EDWARD TOOL his heirs and assigns that before the ensealing hereof I
am the true sole and lawful owner of the above bargained premises and
lawfully seized and possessed of the same in mine own proper right as a
good perfect and absolute estate of inheritance in fee simple and in
myself good, full power and lawful authority to grant bargain sell convey and
confirm the said bargained premises in manner as above said, and that the
said EDWARD TOOL, his heirs and assigns shall and may from time to
time and at all times forever hereafter by force and virtue of these
presents lawfully peaceably and quietly have, hold, use, occupy, possess and
enjoy the said demised and bargained premises with the appurtenances free and
freely, clear and clearly acquitted and discharged of and from all
manner or former or other gifts, grants, bargains, sales, leases,
mortgages, wills, entails, joynters, donnis, judgments, executions,
encumbrances and extents furthermore I the said Owen MacDaniel for myself, my heirs
execrs, admrs, do covenant and engage the above demised premises to him
the said EDWARD TOOL, his heirs and assigns against the lawful claims
or demands of any person or persons whatsoever for ever hereafter to
warrant, secure and defend.

In witness whereof I have hereunto set my hand and fixed my seal this 29th day of November 1737 Owen Mac (his) M (mark) Daniel & a SEAL

Signed, sealed and delivered in the presence of
John Ielverton, John Harrell, Jurat Bertie Precinct May Court 1738.

The within Deed of Sale was duly proved by the oath of John Harrell in open
court which is ordered to be registered.