Mortimer Mitchell's Neighbor Vine Allen Tolson --Part Three

If you missed Parts One and Two, here are the links:
Mortimer Mitchell's Neighbor Vine Allen Tolson --Part One
Mortimer Mitchell's Neighbor Vine Allen Tolson --Part Two

Yeah, It's been like a month since I posted Part Two. I apologize for the delay. June quickly spun by. I had knee surgery at the beginning of the month which brought with it followup doctor's appointments and physical therapy. My kids finished school for the year and then we were quickly off to Cape Cod for a week of rest and relaxation. Then, I made a wonderful cousin connection thanks to the wonders of DNA. Next, the 4th of July was upon us.We had a little barbecue in our backyard. I've yet to post pictures from the day (Coming soon!) Lastly, I've spent a good chunk of time this month being Taxi Mom, shuttling my son to soccer camp and my daughter to gymnastics practice. Whoo! I'm pooped. No time for rest though. There's genealogy to do!

In Part Two, I shared a newspaper article that mentioned how my 3rd great grandfather's neighbor, Vine Allen Tolson, was not able to make payment on money owed to Alexander Mitchell, a wealthy Craven County, NC landowner. My 3rd great grandfather was Mortimer Mitchell and I suspect that he may have once been owned by this Alexander Mitchell.  I haven't come across any direct evidence yet that Mortimer was a slave of Alexander's. I thought that if I explored the relationship Vine Allen Tolson had with Alexander Mitchell, I might reveal more evidence to prove my case.

Vine's son James Henry Tolson swooped in and saved the farm for his papa in 1869.  When the it went up for public auction, James was the highest bidder and established a new agreement between the Mitchells and the Tolsons.

Image courtesy of Craven County Register of Deeds.

This indenture made on the fifth day of February A.D. one thousand eight hundred and sixty nine between Thomas J Mitchell of the City of Newbern and State of North Carolina on the one part and James Henry Tolson of the County of Craven and State of North Carolina on the other part witnesseth: That whereras by virtue of a certain deed of trust made by one Vine Allen Tolson to the said Thomas J. Mitchell on the 15th day of May 1868, to secure the payment of one thousand and thirty dollars and sixty-seven cents and interest due to one Alexander Mitchell as will freely appear on reference being had to said deed, the conditions of which not being complied with the said Thomas J. Mitchell did according to said conditions, expose to public sale the property therein mentioned and thereby conveyed that is to say one plantation hereinafter particularly described and the said James Henry Tolson being the last and highest bidder at the price of Eight hundred dollars, became the lawful purchaser. Now therefore this indenture witnesseth, that the said Thomas J. Mitchell for and in consideration of the said sum of eight hundred dollars to him in hand paid by the said James Henry Tolson the receipt whereof is hereby fully acknowledged hath given, granted, bargained and sold and by these presents doth give, grant, bargain and sell unto the aforesaid James Henry Tolson all the said tract of land or plantation lying and being and in the same county of Craven on the south side of the Neuse river at and near Croatan station on the Atlantic and North Carolina Rail Road, eleven miles from New Bern aforesaid recently occupied, owned and cultivated by the said Vine Allen Tolson containing about seven hundred and fifteen acres of land bounded as follows (viz:) on the by land of John C. Washington and others, on the North by land of heirs of Stephen Hardison, on the West by land B. T. Williams and John F. Williams, John C. Washington, and others. To have and to hold said plantation or tract of land, together with all and singular the woods, ways,waters, mines, minerals, improvements, privileges, and appurtenances us thereunto belonging or in anywise appertaining to him the said James Henry Tolson his heirs and assigns absolutely in fee simple forever free and discharged of and from any and all encumbrance or encumbrances, whatsoever; and all the estate, right, title and interest hereby conveyed, or intended to be conveyed, the said Thomas J. Mitchell doth covenant and agree to and with the said James Henry Tolson his heirs and assigns to warrant and defend forever so far forth as he has power and lawful authority to convey and assure the same by virtue of his office as trustee and no further.  In testimony whereof the said Thomas J Mitchell doth hereunto set his hand and seal the date first above written. 

Signed, Sealed & delivered }
 in presence of                     }                        Thos. J. Mitchell (Seal)
Jno. Hughes.                       }           Probate Court, Craven Co. N.C.
                                                                   New Bern, Feb. 5th 1869.

There was the due & legal execution of the foregoing Deed proven before me by Thos. J. Mitchell, the grantor named therein, who acknowledged the within signature to be his voluntary act and deed.  --Therefore let said Deed with this certificate, be registered. 

                                                                        J. E. West 
                                              Judge of Probate for Craven Co., N.C.

Registered Feby. 6th 1869. 

This wasn't the end of this land matter. Eight hundred dollars was not enough in the eyes of Alexander Mitchell to pay off the debt of Vine Allen Tolson. The following agreement appeared directly after the one I featured above in the deed book.

This Indenture made on the fifth day of February one thousand eight hundred and sixty nine between James Henry Tolson of the County of Craven and State of North Carolina of the one part and Thomas J. Mitchell of the City of Newbern and State aforesaid of the other part witnesseth whereas the said James Henry Tolson is justly indebted to the said Thomas J Mitchell in the sum of twelve hundred and seventeen 44/100 dollars, as on reference to four certain notes bearing date the first day of February inst. will move fully and at large appear said notes being for the sums and payable at the times following (viz:) Note for ten dollars payable in two months after the date, Note for three hundred eighty 02/100 dollars payable one year after date. Note for four hundred and two 47/100 dollars payable two years after date and note for four hundred and twenty four 92/100 dollars payable three years after date, and whereas the said James Henry Tolson is honestly desirous to secure the  payment of said debt: Now therefore this indenture witnesseth that for and in consideration of the promises together for the further consideration of the sum of one dollar to the said James Henry Tolson hath granted, bargained and sold and by these presents doth grant bargain and sell unto the said Thomas J Mitchell, a certain tract of land lying and being in the County of Craven aforesaid on the South side of Neuse River at and near Croatan Station on the Atlantic and North Carolina Rail Road eleven miles from Newbern aforesaid, recently occupied, owned and cultivated by one Vine Allen Tolson, containing about seven hundred and fifteen acres, as follows -(viz:)- on the         by land of John C. Washington and others on the South East by the land of Bell and others on the north side by land of heirs of Stephen Hardison, on the west by land of Ives heirs, and land of B. T. Williams, and John F. Williams, John C. Washington and others to have and to hold the said tract of land and premises and all and singular the tenements, hereditaments, woods, ways, waters, anines
versions, privileges, and appurtenances, whatsoever thereunto, belonging or in anywise appertaining to him the said Thomas J. Mitchell his heirs executors and administrators in fee simple forever free and discharged of any and all encumbrances,whatsoever. In Special trust and confidence nevertheless, said Thomas J. Mitchell shall and will hold, keep, use and apply the same to the uses and intents following and no other: that is to say if the aforesaid debt and every part thereof shall not be paid in the manner and at the time above specified and set forth, or if any one of the said notes shall not be paid at the time when the same becomes due and payable, then the said Thomas J. Mitchell shall give notice in writing to the said James Henry Tolson that the same is due and unpaid and that the payment of the same is demanded, and if the same shall not be paid in sixty days from the date of said notice the whole sum hereby intended to be secured or so much thereof as shall then remain unpaid shall become at once due and payable without reference to the time of payment prescribed in said notes, and in that case it shall be lawful and at the option of the said Thomas J. Mitchell, after he shall have advertised the same at the Court House in the said City of Newbern and three other public places within the said County of Craven for the space of twenty days to proceed to sell the said land and premises at public auction to the highest bidder for ready money, and convey the same by proper and sufficient assurances to the purchaser and out of the proceeds of money arising from said sale to retain all the necessary expenses of this trust and then pay off and discharge the said debt and interest or such part thereof as shall remain unpaid at the time of sale; and the overplus (if any) he shall truly and faithfully return to the said James Henry Tolson his executors and administrators. 
            And it is further covenanted and agreed by and between the parties hereto that in the meantime, that is to say from the date hereof until the payment of said notes or until the day of sale, the said James Henry Tolson shall be privileged and entitled to live on the said lands and premises and take use and apply the rents issues and profits and every part thereof to his own use.  And if at any time before the sale of the property the said James Henry Tolson shall pay off and discharge the aforesaid debt and interest together with all the necessary expenses hereby incurred there and in that case this indenture and part thereof shall be utterly void and of no effect otherwise to remain in full force. 
          In testimony whereof the said parties have hereto set their hands and seals the day and year first above written Signed, sealed and delivered in presence of  }           J. Henry Tolson  (Seal)
            Jno. Hughes              }           Thos. J. Mitchell  (Seal)

                                             Probate Court Craven Co., N.C.
                                                           New Bern, Feb 5th 1869.

Then was the due & legal execution of the foregoing Deed acknowledged before me by J. Henry Tolson & Thos. J. Mitchell the grantor therein. Therefore let said Deed & this certificate be registered. 
                                                                J. E. West 
                                              Judge of Probate for C, Co.
          Presented for registration at 3 P.M., February 5th 1869, and registered the following day.                 Jas. G. Harrison
                                                                                                    Register of Deeds. 



Some helpful information gained from going through these records are the names of landowners who had land directly adjacent to Vine Allen Tolson's land. Perhaps those neighbors did business with Alexander Mitchell as well. I will have to look into this. In any event, while researching deeds for Vine Allen Tolson, I came across a particularly interesting one between Vine and his half sister Elizabeth Tolson Williams. That I will feature in an upcoming post.

Anyway, it is 2:45 am and my eyelids are drooping. Time for some sleep.