BROOKS Deed #1

Southern
Roots and Shoots

The following is a transcription by CATindell done in 2001 from a photocopy of the original record found at the Courthouse in Murphy, Cherokee Co., NC.

State of North Carolina
Cherokee County

KNOW ALL MEN BY THESE PRESENTS that

WHEREAS William CROFTS recovered a Judgment against Joseph BROOKS for the sum of $77.60 debt or damage and the sum of $1.90 costs at the term A.D. 8 of the Superior Court for the County of Cherokee, upon which judgment a writ of execution was issued from the Court on the 14th day of January A.D. 1876 directed to me as Sheriff of said County, and

WHEREAS, by virtue of said writ of execution, and in order to satisfy the same, I did afterwards, to-wit on the 15th day of January A.D. 1876 levy on the right, title and interest of the said Joseph BROOKS, in and to the tract or parcel of land hereinafter described; and

WHEREAS, afterwards on the 22 day of March A.D. 1876, by virtue of said writ of execution having duly advertised the premises according to law, I sold the same at public auction at the courthouse door in Murphy to O.O. VEST of the county of Polk, Tennessee, who was the highest bidder and purchaser at the said sale for the sum of $6.00 which was the highest sum then bid therefore.

NOW, THEREFORE, I, D.W. Deweese, Sheriff as aforesaid, for and inconsideration of the premises, and in further consideration of the said sum of $6.00 to me in hand paid by the said O.O. VEST, the receipt whereof is hereby acknowledge, have bargained and sold and conveyed any by these presents do bargain, sell and convey unto the said O.O. VEST and his heirs and all the right, title and interest of the said Joseph BROOKS in and to the following tracts or parcels of land and lying and being in the County of Cherokee, bounded as follows, to-wit:

Tract No. 93 in the 8th district, beginning on a whit [white oak?] in a flat hollow the South West corner of No. 92 and runs West 170 poles to a large black oak in the line between the state and the State of Tennessee; then North with said line 160 poles to a stake; thence East 170 poles to a black oak; then West 160 poles to the beginning, containing 135 acres more or less, Also Tract No. 94 in District 8, containing 175 acres, more or less, adjoining the lands of A.B. PANTHER and W.F. BRYANT in Shoal Creek Township and on the waters of Turtletown Creek.

TO HAVE AND TO HOLD the aforesaid tract or parcel of land, with all the appurtenances thereunto belonging unto the said O.O. VEST and his heirs and their only use and beoof forever. AND, I, the said D.W. Deweese shall by covenant to and with the said O.O. VEST and his heirs that I warrant the title to the aforesaid tracts of land in as full and ample manner as Sheriff is empowered to do by virtue of his office.

IN TESTIMONY whereof D. W. Deweese, Sheriff as aforesaid have hereunto set my hand and seal, this ___ day of June 1876.

D.W. Deweese Sheriff of Cherokee

Witness:
K.P. Axley

State of North Carolina
Cherokee County
In the Probate Court

Be it remembered that on the 20th day of June, 1876, before the undersigned Judge of Probate for said County personally came D.W. Deweese, Sheriff of said county, who signed the foregoing, and acknowledged the due execution thereof by his act and deed; therefore, let the said deed and this certificate be registered in Book B, page 230,

Jas. C. AXLEY Probate Judge

The foregoing deed and certificate came to hand June 20th 1876 and was recorded in the Register's Office of Cherokee County, NC in Book P page ____ [380?].

J.H. Hennesa Register of Deeds