This is a copy of a deed that I printed off microfilm at the North Carolina Archives in Raleigh, North Carolina several years ago. There are several of these in a folder so I am trying to get them organized and transcribed to share and have in my records. Most of them pertain to Hosea Tapley, my 6th great grandfather.
The following is an indenture concerning 402 acres located on both sides of the north fork of Little River, Orange County, North Carolina dated 1756.
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Tapley, Hosea, Orange County (North Carolina), Indenture dated January 2, 1756 for 402 acres
located on both sides of the north fork of Little River, Office of Secretary of State, Granville Proprietary
Land Office, Call Number SSLG 101B, North Carolina Archives, Raleigh, North Carolina. |
"This Indenture, Made the Second Day of January In the Year of our Lord One Thousand Seven Hundred and Fifty Six
BETWEEN the Right Honourable John Earl Granville, Viscount Carteret, and Baron Carteret, of Hawnes, in the County of Bedford, in the Kingdom of Great Britain, Lord President of His Majesty's Most Honourable Privy Council, and Knight of the Most Noble Order of the Garter, of the One Part, and Hosea Tapley of Orange County in the Province of North Carolina, Plantere of the Other Part. WHEREAS His Most Excellent Majesty King GEORGE the Second, in and by a certain Indenture bearing Date the Seventeenth Day of September, in the Eighteenth Year of his Reign, and in the Year of our Lord One Thousand Seven Hundred and Forty Four, and made between his said most Excellent Majesty, of the One Part, and the said John Earl Granville, (by the Name, Stile, and Title of the Right Honourable John Lord Carteret,) of the other Part, DID, for the Considerations therein mentioned, Give and Grant, Release, Ratify, and Confirm, unto the said Earl, (by the Name, Stile, and Title of John Lord Carteret, as aforesaid,) and his Heirs and Assigns for ever, a certain District, Territory, or Parcel of Land, in North-Carolina, in America; and all the Sounds, Creeks, Havens, Ports, Rivers, Streams, and other Royalties, Franchises, Privileges, and Immunities, within the same, as they are therein set out or described, allotted, and granted, and confirmed, to the said John Earl Granville, as aforesaid, for One Eighth Part of the Charters granted by King CHARLES the Second, in the Fifteenth and Seventeenth Years of his Reign, to Eight Lords Proprietors of Carolina, as by the said Indenture, duly Inrolled in the High Court of Chancery in Great-Britain, and in the Secretary's Office in North-Carolina, Reference being thereto had, will more fully appear. NOW THIS INDENTURE WITNESSETH, That as well for and in Consideration of the Sum of Ten Shillings Sterling Money, to the said John Earl Granville in Hand paid, by the said Hosea Tapley at or before the Sealing and Delivery of these Presents, the Receipt whereof is hereby acknowledged, as also for and in Consideration of the Rents, Covenants, Exceptions, Provisos, and Agreements herein after mentioned, reserved, and contained, and by and on the Part and Behalf of the said Hosea Tapley, his Heirs and Assigns, to be paid, kept, and performed, he the said Earl HATH Given, Granted, Bargained, Sold, and Confirmed, and by these Presents, DOTH, from himself, and his Heirs, Give, Grant, Bargain, Sell, and Confirm, unto the said Hosea Tapley, his Heirs and Assigns for ever, all that Tract or Parcel of Land, situate, lying, and being in the Parish of St. Matthew in the County of Orange in the said Province,
Lying on both Sides of the North Fork of Little River, Beginning at a Hickory on the East side of the said River, running thence North 60 ch: to a Pine, then West 67 ch: to a Pine, then South 60 ch: to a Red Oak, then East 67 ch: to the first Station.
Containing in the Whole, Five Hundred and two Acres: All which said ____________ more particularly described and set forth in the Plan or Map thereof, hereunto annexed; together, with all Woods, Underwoods, Timber, and Timber-Trees, Water-Courses, and the Privilege of Hunting, Hawking, Fishing and Fowling, in and upon the Premises, and all Mines and Minerals whatsoever therein to be found, excepting and reserving always, out of this present Grant, and to the King's Most Excellent Majesty, his Heirs and Successors, One Fourth Part of all the Gold and Silver Mines, to be found in and upon the Premises; and also, excepting and always reserving ______ onto the said John Earl Granville, his Heirs and Assigns, one Moiety or half Part of the remaining Three Fourths of all such Gold and Silver Mines: TO HAVE AND TO HOLD the said Tract or Parcel of Land, and all and singular other the Premises, with their Appurtenances, (except as before excepted) unto the said Hosea Tapley, his Heirs and Assigns for ever; YIELDING AND PAYING therefore, Yearly, and every Year, unto the said John Earl Granville, his Heirs or Assigns, the Yearly Rent of Sixteen Shillings and one pence, which is at the Rate of Three Shillings Sterling, for every Hundred Acres, and so in Proportion, for a less Quantity, at or upon the Twenty-fifth Day of March, and the Twenty-ninth Day of September, in every Year, by even or equal Portions; and to be paid at the Court-House for the said County of Orange unto the said Earl, his Heirs or Assigns, or to his or their lawful Attorney or Deputy-Receiver for the Time being, the first Payment thereof to be made on such of the aforementioned Days of Payment as shall first happen after the Date hereof, and the said Hosea Tapley for himself, his Heirs and Assigns, and for either and every of them Doth hereby Covenant, Promise, and Agree, to and with the said Earl, his Heirs and Assigns, and to and with either and every of them, by these Presents, in Manner and Form following: That is to say, That Hosea Tapley his Heirs or Assigns, shall and will, Yearly, and every Year, for ever, well and truly pay, or cause to be paid, unto the said Earl, his Heirs or Assigns, or unto his or their lawful Attorney or Deputy-Receiver for the Time being; the first payment thereof to be made on such of the aforementioned Days of Payment as shall first happen after the Date hereof; and the said Hosea Tapley for himself, his Heirs and Assigns, and for either and every one of them Doth hereby Covenant, Promise, and Agree, to and with the said Earl, his Heirs or Assigns, and to and with either and every of them, by these Presents, in Manner and Form following: That is to say, That Hosea Tapley, his Heirs or Assigns, shall and will, Yearly, and every Year, for ever, will and truly pay, or cause to be paid, unto the said Earl, his Heirs or Assigns, or unto his or their lawful Attorney or Deputy-Receiver for the Time being, on the Days, and at the Place aforesaid, the said Yeaarly Rent or Sum of Sixteen Shillings and one pence, by half Yearly Payments, as aforesaid: Provided alwys, and this present Grant is hereby expressly Declared and Agreed, by and between the said Parties, to be, nevertheless, UPON THIS CONDITION, viz. That if it shall happen, that the said Yearly Rent of Sixteen Shillings and one pence, or any Part thereof, shall at any Time hereafter, be behind or unpaid for the Space of Six Months, next over or after any or either of the aforementioned Days of Payment, (and no sufficient Distress can be found on the Premises, to levy such Rent and Arrears, with the full Costs, Charges, and Expences in making the same) That then, this present Grant, and all Assignments thereof, shall be utterly void, and of none Effect; and it shall be lawful for the said Earl, his Heirs or Assigns, to re-enter into the said Lands, and to re-grant the same, to any other Person or Persons whomsoever, as if this Grant, and such Assignments thereof, had never been made. IN WITNESS whereof, the Parties above-named, have hereunto set their Hands and Seals, the Day and Year first above written.
Signed, Sealed, and Delivered,
in the Presence of Us,
Hosea Tapley
Thos. Haywood
John Haywood Junr"
I asked Google Gemini to explain this document to me. It did not disappoint.
"What is this document?
This document is a Lord Granville Land Grant (sometimes called an Earl Granville deed or indenture) dated January 2, 1756.
The Parties: The agreement is between John Carteret, 2nd Earl Granville (represented as the Lord Proprietor of the northern half of North Carolina) and Hosea Tapley.
The Land: It grants 402 acres of land situated in Orange County, North Carolina (specifically in the Parish of St. Matthew, located on both sides of the North Fork of Little River).
Key Sections Explained
The Historical Background (The Recital): The long preamble explains why Lord Granville has the authority to sell this land. It references a 1749 indenture where King George II formally confirmed that Earl Granville retained a one-eighth proprietary share of the old Carolina territories originally granted by King Charles the Second.
The Sale & Price: Lord Granville transferred the 402 acres to Hosea Tapley in exchange for ten shillings sterling paid upfront, alongside ongoing annual fees (quitrents).
Mineral Reservations: True to colonial land grants, the Crown and the Earl kept a tight grip on potential wealth beneath the soil. The document reserves one-fourth of all gold and silver for the King, and half of the remaining three-fourths for Earl Granville himself. Hosea Tapley owned the surface, timber, and farming rights, but not the royal precious metals.
The Quitrent (Yearly Tax): Hosea Tapley was required to pay a yearly rent of sixteen shillings and one pence (calculated at the standard rate of three shillings per 100 acres). This payment was due annually (split across March and September) and had to be paid directly at the Orange County Court-House to the Earl's deputy receiver.
The Default Clause: If the rent went unpaid for more than six months—and if no physical property or livestock could be seized ("distressed") on the land to cover the debt—the grant would become void, and the Earl had the legal right to re-enter the property and give it to someone else.
Witnesses: The document was formally signed, sealed, and delivered in the presence of of two witnesses with Hosea Tapley signing at the bottom."
Google Gemini also provided the transcription with me having to read it line by line and correct several mistakes. Those mistakes mostly came from the handwriting, specially the spelled out numbers.
