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Gardner Deeds & Land Records

Gardner Deed Book Records, 1853 - 1893
Nash Co., NC


1853, George Gardner to Thomas Gardner, Nash Co., NC

This Indenture made this thirteenth day of October One thousand Eight hundred and fifty three between George Gardner of the first part and Thomas Gardner of the second part all of the County Of Nash and state of North Carolina Witnesseth that the said George Gardner for and in consideration of the sum of one dollar to him paid the receipt whereof is acknowledged hath bargained and by these presents doth grant, bargain and sell and convey to the said Thomas H. Gardner his heirs and assigns forever a certain tract of land in said county. And bounded as follows. Beginning at a Hickory standing on the East side of the old road and running N. 50 to 30 pole to a pine and Hickory standing on the West side of said road. Then due N. 216 pole 20 links to a corner rock on Fishing Creek thence along Said creek to the Mouth of Red field Branch thence due East 61 pole 15 links to a White Oak on the Brushy Branch. Thence up brushy branch to a maple thence from brushy branch So. 21 West to a White Oak on the Gold Mine branch. Thence So. 35 E. 18 pole to a Spanish oak thence So. 15 West 19 pole to a Spanish oak thence So. 50 West 44 pole 16 links to the begining containing one hundred and fifty one (151) acres more or less. With all and every the appentenances thereunto belonging or in anywise appertaining. And I do hereby covenant to and with the said Thomas H. Gardner that I have before the excertions of this deed full rights absolute and lawful authority to sell the said land and premises and agree hereby to warrant and forever defend the right and title of the same to him the said Thomas H. Gardner his heirs and assigns forever .

In Witness whereof I have hereunto set my hand and seal this day and date above written.

George Gardner {seal}

Witness: John Powell
James A. Egerton

State of N. Carolina }
Nash County }

Court of Pleas and Quarter Sessions Feby. Term 1854

The Execution of the foregoing Deed of Sale is duly proven in Open Court by the oath of John Powell of the subscribing Witnesses thereto & is ordered to be registered.

Attest G. W. Hand CleC

And is registered

Attest Wm H. Joyner "____"

Source: Transcribed from the Nash Co. Deed Bk. 20, pg. 612, by Martha G. Wilson.


1883, Petition, Heirs of George Gardner, Nash Co., NC

North Carolina
Nash County

Whereas George Gardner died intestate in the year 1872, seized and possessed of a certain tract of land which descended to his grandchildren, George A. Gardner, Mary Ann Saunders (formerly Mary Ann Gardner), Martha Ann Gardner, R. A. Gardner, Benjamin Gardner, and Sarah T. Gardner and whereas the heirs above named filed a petition in the Probate Court of Nash County asking for a Sale of the land inasmuch as it could not be equally divided by metes and bounds without injustice to some of the parties interested and thereupon an order of sale was issued by the Court appointing N. W. Cooper as Commissioner to Sell the Said Land, and whereas the said Cooper, as commissioner, after making due advertisement according to law of the time and place of sale did on the 26th day of December 1878 offer the said land for sale to the highest bid when and where appeared Mary Ann Saunders and bid the Sum of twelve hundred dollars and that being the last and highest bid, she was declared the purchaser and that the Sale was confirmed by the Court. Now this Indenture witnesses that the said N. W. Cooper, as commissioner aforesaid, in consideration of the sum of twelve hundred dollars to him in hand paid the receipt of which is hereby acknowledged has bargained, granted, and sold and by these presents do bargain, sell, and convey to Mary Ann Saunders her heirs and assigns forever, in fee simple a certain tract of land in Griffin township in Nash County Known as the "Home Place" of George Gardner, deceased and joining the lands of T. V. Avent, Green Cook, John Thornton & others containing three hundred and seventy three acres more or less. To have and to hold unto the said Mary Ann Saunders, her heirs and assigns the above described land and every part and parcel thereof together with all the buildings, appurtenances and privileges thereto to her and their use and behoof. And the said N. W. Cooper as commissioner hereby covenants and agrees to and with the said Mary Ann Saunders, her heirs and assigns that he will warrant and defend the title hereby conveyed against all claims and demands of all persons so far as his right as commissioner extends and no further. In witness whereof the Said N. W. Cooper does hereunto set his hand and seal this the 13 day of January 1883.

N. W. Cooper { seal }

Witness:
T. V. Avent

Personally appeared before me, Miles Bobbitt, Justice of the Peace of Nash County, N. C. Thos. V. Avent and acknowledged his signature as witness to the above instrument of writing. Witness my hand and seal this 7th day of Dec. 1885.

Miles Bobbitt: J. P. {seal}

North Carolina }
Nash County}

In the Superior Court
Dec. 10th 1885

The foregoing certificate of Miles Bobbitt, a Justice of the Peace of said County, is adjudged to be correct. Let the Deed with Said certificate be registered.

Jno. T. Morgan C.S.C.

Filed for registration on Dec. 28th 1885.

J. G. Fitts
Reg. Deeds

Source: Transcribed from a copy of the Nash Co. Deed Bk. 65, pg. 101, by C. K. Wilson.


1893, Petition, Heirs of Thomas Gardner, Nash Co., NC

NORTH CAROLINA }
NASH COUNTY}
Petition to divide lands

G. A. Gardner }
M. A. Saunders }
R. A. Gardner }
B. B. Gardner }
T. G. Gardner }
Mrs. S. T. Hedgepeth }
Ex Parte }

To the Superior Court of said County. The petitioners complain and alledge that they are tenants in common and and are seized in fee simple of the following land lying and being in the County of Nash state aforesaid adjoining the lands of the late Dr. Tom Arrington, James R. Saunders and others containing one hundred and fifty acres more or less. That the defendants are of full age. That they desire to hold their shares in severality.

Wherefore your petitioners pray that you will appoint three commissioners to divide the same into six equal shares by proper metes and bounds and allot to each of your petitioners such shares thereof as each is entitled to and if an equal divisions cannot otherwise be made then to charge the more valuable dividends with such sums as they shall judge necessary to be paid to the dividends of inferior value in order to make the division equal and represent their proceedings. Under their hands and seals as so was practicable into your Court.

This the 22nd day of Dec 1893

G. A. Gardner

Source: Transcribed from a copy of the Nash Co. Orders & Decrees Bk. 3, pg. 67, by C. K. Wilson.


1893, Division of land of Thomas Gardner, Nash Co., NC

State of North Carolina }
Nash County }

To the Clerk of the Dispersal Court of Nash County. We the undersigned commissioners, appointed by the Court of the Said County, having been duly sworn proceeded on the 28th day of Dec. 1893 to divide and make partition between and among G. A. Gardner, Mrs.. M. A. Saunders, R. A. Gardner, B. B. Gardner, T. G. Gardner, and Mrs. S. T. Hedgepeth tenants in common of the land descended to them as children and heirs of the late Thos. H. Gardner deceased. Wherefore we have made and do hereby make the following appropriations among the respective claimants in severalty. That is to say- the

Lot No. 1
Is assigned and appropriated to Mrs. M. A. Saunders in severalty, bounded as follows Viz. - Beginning at Pine and Hickory on the road, and running S 50 deg. 629 P - to Hickory Stump on N side said road. Thence N 56 deg. E 46 P 13 Links to a Stake. Thence N-15 W 19 P to a Spanish Oak. Thence N 35 W. 18 P to a White Oak in the Gold Mine Branch. Thence N 28 deg. E 6 P to a Dogwood, corner of lot No.2, Thence W 51 P to a Stake in the Arrington line, Thence S 47 Poles to the beginning Containing 19 ¾ acres, valued at one hundred and Twenty five dollars. -

Lot No. 2
Is appropriated -T. G. Gardner in Severalty bounded as follows Viz. -beginning at a Dogwood in Saunders line and corner of Lot No.1 -Thence N 25 deg, E 55 P to a Stake, Thence W 64 P to a Stake in the Arrington line Thence S 52 P to a Stake, Thence E 51 P to beginning containing 19 3/4 acres valued at one hundred and forty dollars.

No. 3
Is appropriated to G. A. Gardner in severalty bounded as follows Viz. -Beginning at a stake in Saunders line corner of lot No.2 - Thence N. 25 - E 44 P to a Ash- Thence W 80P to a Stake in the Branch. Thence S 42 P to a Stake -Thence E 64 P to beginning containing19 ¾ acres valued at one hundred and ten dollars.

No. 4
Is appropriated to B. B. Gardner in severalty -bounded as follows Viz. Beginning at Ash in Saunders line Thence N 25 E 39 P to a Dogwood Thence W 94 P to a Maple in Arringtons line. Thence S 36 P to a Stake in Branch Thence E 80 P to beginning containing 19 ¾ acres valued at one hundred and five dollars.

No. 5
Is appropriated to Mrs. S. T. Hedgepeth in severalty bounded as follows Viz. – Beginning at Dogwood in Saunders line Thence N 25 E 35 P to a Hickory -Thence W 108 P to a Stake in Arringtons line Thence S 32 P to a maple Thence E 94 P to beginning containing 19 ¾ acres valued at one hundred and three dollars.
No. 6
Is appropriated to R. A. Gardner in severalty bounded as follows Viz. - Beginning at Hickory In Saunders line Thence down various courses of Said Branch to a Sweet Gum formerly a White Oak, Thence W 40 P to a Pine in the Redfield Branch, Thence down various courses of Said Branch to Fishing Creek. Thence up said Creek to a stake Arrington Corner. Thence S l0 P to a Stake, Thence E l08 P to beginning containing 19 ¾ acres valued at one hundred dollars.

We further charge the more valuable dividuals with Such Sums of Money respectively, to be paid to those of inferior value respectively, as will be made an equitable division. That is to say -- The lot no.1 appropriated to Mrs. M. A. Saunders is to pay to the lot no.6 - appropriated to R. A. Gardner the sum of nine dollars and sixty six cents and to the lot no.5, appropriated to Mrs. S. T. Hedgepeth the sum of Five dollars and sixty eight cents. The lot No.2 appropriated to T. G. Gardner is to pay to the lot No.5 -appropriated to Mrs. S. T. Hedgepeth the sum of ninety eight cents, and to the lot No.4 -appropriated to B. B. Gardner the sum of Four dollars and Thirty six cents. The lot No.3 - appropriated to G. A. Gardner is to pay to the lot No.4, appropriated to B. B. Gardner the Sum of Thirty four cents. All which is respectively submitted under our hands and seals This 5 day of Feb. 1894 -

Miles Bobbitt {seal}
T. V. Avent {seal}
I. C. Sledge {seal}

Miles Bobbitt } $ 3.00
T. V. Avent } 2.00
I. C. Sledge }
Commr. 2.00
J. J. Cockrell Sen. } 6.00

This Plat is made on a scale of 40 pole to the inch. This Dec the 29 1893.

North Carolina }
Nash County }
In the Superior Court

Decree Containing Report of
Commissioners

G. A. Gardner }
M. A. Saunders }
R. A. Gardner }
B. B. Gardner }
T. G. Gardner }
Mrs. S. T. Hedgepeth }

This cause coming in to be heard and having heard upon the report of T. V. Avent, Isham Sledge & Miles Bobbitt commissioners duly appointed by the Court to divide the lands described in the foregoing petition and no exception having been filed to said report it is ordered adjudged and decreed that said report be and the same is hereby in all respect confirmed and made binding between all the parties to this action. It is also ordered that said report together with plat thereto apportioned and the configuration herein be certified to the register of Deeds to the land that same be recorded in his office. It is further ordered that the costs in this action be taxed against all the parties to this action. This Feby. 12th 1894.

S. E. Eure CSC

Filed for registration April 7th 1902.

J. A. Whitaker
Reg. Of Deeds

Source: Transcribed from a copy of the Nash Co. Deed Bk. 94, pg. 308, by C. K. Wilson.


Submitted by:  Ken Wilson


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