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From: "Mills" <>
Subject: FW: [APG] Deed Wording, Colonial North Carolina
Date: Fri, 7 Oct 2005 17:08:01 -0500

Beth Davies AG R wrote:
>I need help interpreting the meaning of some wording from a 1754
Edgecombe County, North Carolina deed, or suggestions as to where to
find the answers. In this deed from Thomas Sanders it says "for my
self my heirs Exors and admons fully, freely Clearly and absolutely
give, grant, alein, enfeoff, convey and confirm unto the said Arthur
Hedgepeth his heirs and assigns forever a certain tract of land..." No
money is mentioned. Further in the deed it states: "Provided always
that this said Arthur Hedgepeth his heirs or assigns shall will and
truly pay unto the said Sanders the yearly Rent of six shillings and
five pense Proclamation money in each year at the the request of the
said..."

>My question: Is the land being sold or only leased? If it is being
sold with no other remuneration than the six shillings of yearly rent,
then I want to explore the possibility of a relationship between Arthur
Hedgepeth and Thomas Sanders. >


Beth, it's risky to judge any document on the basis of a couple of snippets.
It could be a lease but it could also be half of a lease-and-release.

In case you're not familiar with the latter, I'll copy here from the
definition I give students in my land module at Samford IGHR:


Lease and release:
A legal contrivance used in England and some colonies to circumvent laws of
the Crown. Under this conveyance, two documents were executed; together they
constituted a virtual deed of sale. On Day 1, the lessor/grantor of the
property executed a lease to the lessee/grantee, transferring usage of the
property in return for payment of a peppercorn (or an ear of India corn, or
5 shillings, or other token). On Day 2 (often the next day) the
lessor/grantor executed a release of his right of reversion--i.e., the right
to recover the property at the end of the lease--in exchange for a specified
sum that represented more accurately the value of the property transferred
by the two documents.

(I would copy a real definition for you from Black's, except I can't get to
Black's. The wrecking crew--uh, repair crew--has stripped my office (along
with the whole back half of my house), dumped all my books who-knows-where,
and relegated me to the kitchen table where wireless reception on my laptop
is a hit-or-miss matter!)

Hastily,
Elizabeth

-----------------------------------------------------
Elizabeth Shown Mills, CG, CGL, FASG

This thread:

• Deed Wording, Colonial North Carolina by Beth Davies <>

  • FW: [APG] Deed Wording, Colonial North Carolina by "Mills" <>