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Fairfield District, SC Deed Book HH, pages 258-261
The State of South Carolina}
This Indenture made the thirty day of June In the Year
of Our Lord one thousand seven hundred & ninety five between Moses
Duke of the County of Fairfield & State aforesaid planter of the one
part & Edward Sims of the same County & State, planter of the other
part Witnesseth that the Said Moses Duke for & in consideration of
the Sum of ten Shillings Sterling money to him in hand paid by the said
Edward Sims at & before the sealing & Delivery of these presents
the Receipt -- whereof is hereby acknowledged & that he the Said Moses
Duke hath Bargained & Sold & by these presents doth bargain &
Sell into the said Edward Sims a Certain tract or plantation of Land Containing
Seventy five Acres Situated between twenty five mile Creek & flat branch
-- bounded North on Robert Duke South on land laid out for Moses Duke S.
E. on Thomas Duke & West on Aaron Johnson the same being part of the
tract of three hundred acres first -- Originally Granted unto William Simmons
under the hand of William Bull Esquire day to the thirty first day of August
-- Anno Domini 1774 duly Recorded in the Secretaries office in Book S.
S. page 448 the aforesaid Seventy five acres legally transferred by Lease
& Release unto the Said Moses Duke from the Said William Simmons together
with all & Singular the gardens orchards fenceways wells Water Watercourses
privileges & appurtenances whatsoever belonging thereunto or in any
wise appertaining & the reversion & reversion's remainder &
Remainders rents Shares & profits thereof & of every part &
parcel thereof -- To have & to hold the said plantation or tract of
seventy five Acres of Land with every the premises & appurtenances
thereunto belonging unto the said Edward Sims his heirs Executors administrators
& assigns from the day next after the date of these presents for &
during the full and & term of one year from thence next ensuing &
fully to be completed & ended yielding & paying thereof unto the
said Moses Duke the rent of one pepper corn on the last day of the said
term if the same Shall be lawfully Demanded to the intent & purpose
that by virtue of these presents & by force of the Statute for transferring
uses into possession he the said Edward Sims may be in Actual possession
of all & Singular the premises Above mentioned with every the premises
& appurtenances thereunto Belonging & thereby be the better Enabled
to have take & receive the Reversions & inheritance ??? as which
is intended to him & his heirs Granted & release by the said Moses
Duke by another indenture intended to be made dated the day next after
the date here of -- In Witness whereof the said Moses Duke have hereunto
set my hand & Seal the above date --
(signed) Moses Duke (Seal)
Signed & Sealed & delivered in presence of
(signed) George Watts
(signed) John (his x mark) Stewart
State of South Carolina}
This Indenture made the first day of July in the Year
of Our Lord One thousand Seven hundred & Ninety five between
Moses Duke of the County of Fairfield & State aforesaid planter of
the one part & Edward Sims of the Same County & State planter of
the other part Witnesseth that the said Moses Duke for & in Consideration
of the Sum of Sixty pounds Sterling money to him in hand paid at &
by the said Edward Sims at & before the Sealing & delivery of these
presents the receipt hereof he doth hereby acknowledge & himself well
satisfied & paid by the said Edward Sims & he the said Moses Duke
hath Granted Bargained & Sold released & confirmed unto the said
Edward Sims in his Actual possession now being by virtue of bargain &
sale to him thereof made by the said Moses Duke for one whole year Bearing
Date the day next before the day of the Date of these presents & also
by force of the Statute for transferring uses into possession in that Case
made & proved & unto his heirs & assigns forever a Certain
tract or plantation of land containing seventy five Acres Situated between
twenty five mile Creek & flat branch bounded North on Robert Duke South
on Land laid out for Moses Duke south East on Thomas Duke & west on
Aaron Johnston be Same being part of a tract of three hundred Acres first
Originally granted unto William Simmons under the hand of William Bull
Esqr Dated the thirty first day of August Anno Domini 1774 Duly Recorded
in the Secretaries office in the book SSS page 448 the aforesaid Seventy
five Acres Legally transferred by lease & release unto the Said Moses
Duke from the said William Simmons together with all & Singular the
gardens orchards fences ways wells water Watercourses as privileges and
appurtenances thereunto bonding unto the said seventy five Acres of Land
on & of every part & parcel thereof & all the Estate rights
tithes interest -- property profits Claims & demands whatsoever either
in Law or Equity which he the Said Moses Duke now hath or ever had or which
he or his heirs hereof shall may can or ought to have of in & or out
of the same premises & all & Singular this the said premises parcel
or tract of Seventy five acres of land hereby granted & Released or
intended to be granted & Released unto the said Edward Sims his heirs
& assigns forever & the said Moses Duke for himself & his heirs
the Said premises hereto bargained sold granted released or intended to
be bargained & released with this & every of these appurtenances
unto him the said Edward Sims his heirs & assigns against all &
every this person or persons lawfully Claiming or to Claim by from or under
law And lastly the said Moses Duke & his heirs the said premises
plantation parcel or tract of cap land unto the said Edward Sims his heirs
& assigns shall warrant & forever Defend the said premises unto
the said Edward Sims his heirs & assigns forever as by him or them
or by his or their Council Learned in the Law shall be reasonably advised
& descried -- In Witness whereof I the said Moses Duke have hereunto
set my hand & Seal the above Date
(signed) Moses Duke (seal)
Signed Sealed & Delivered in presence of --
(signed) George Watts
(signed) John (his x mark) Stewart
The observation being made before the assignment of the
within All the land bounding between the said Moses Duke & Edward Sims
bounded on (space) Oak from thence to a Station tree on a pine Close by
a maple thicket. a Extract or piece of Land taken off from the said
75 Acres --
Test
(signed) Geo Watts
(signed) John (his x mark) Stewart
Received the day and year first within mentioned of the
within mentioned named Edward Sims the full Sum of Sixty pounds It being
the full Condition money within mentioned by say rec'd firm?
(signed) Moses Duke
Fairfield County}
Before John Wilson Esqr. one of the justices assigned
to Keep the peace in the Said County personally appeared George Watts &
after being duly sworn says he was personally present with John Stewart
the other within evidence & says they both did see the within Moses
Duke Sign Seal & Deliver this release or instrument of writing unto
Edward Sims as his Act & Deed for the purposes within mentioned he
with said deponent further says they did see the said Duke assign the above
Receipt -- Sworn to this 22'd day of August 1795 before
(signed) John Wilson
Rec Oct 29th 1830
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