STEPHEN BARFIELD to WILL TURNER
This Indenture made this 23rd day of August Annodomini 1802 by and between STEPHEN BARFIELD of the One part and WILLIAM TURNER of the Other part both parties of the County of Sampson and State of North Carolina of the other part. Witnesseth the said STEPHEN BARFIELD hath bargained sold and delivered unto the aforesaid WILLIAM TURNER One Certain piece or parcel of land for an in consideration of the sum of Six hundred pounds Current money The Receipt Whereof is hereby acknowledged and myself thus most fully satisfied contented and paid and the said STEPHEN BARFIELD hath bargained sold and delivered unto the said WILLIAM TURNER One Certain piece or parcel of land situate lying and being in the County & State aforesaid On the East side of great Coharee and upper side of the Marsh branch Beginning at a large sweet gum on the Bank of Coharee Creek thence with JOHN STEPHENS line formerly WILLIAM DREWS line thence East 148 poles to a hickory and White Oak his Corner Thence along STEPHENS other line making a corner of about North 22 East 430 poles to a hickory his corner On JOHN STEPHERNS line formerly SIMON TURNERS line thence with said line East 120 poles to a black jack thence South 29 West 78 poles to a pine thence South 36 East 78 poles to a hickory thence South 17 East 46 poles to a White Oak on the Run of the Marsh branch thence down said branch as the Run Meanders about 400 poles to the mouth where it Entered into Coharee Run and up Coharee Run as it Meanders to the first Station and containing Two Hundred and Fifty four acres of land also another piece or parcel of land being the same land patented by JOSIAH WHITNEY and lying at a Black Jack and Runs South 29 West 78 poles to a pine ? thence South 36 East 22 poles to a post Oak thence No East [East marked out] 68 East 232 poles to a Stake among some pines thence South 62 poles to a Stake thence East 62 poles to a pine thence North 62 poles to a pine on ARTHUR BROWNS line thence West 182 poles to a pine at ARTHUR BROWNS Corner thence South 30 poles to a pine JOHN STEPHENS Corner thence to the Beginning. Containing One Hundred Acres of land and in both pieces 354 acres of land to Have and to Hold the aforesaid Bargained lands and premises with Every advantage thereunto Belonging or in my own appertaining unto him the said WILLIAM TURNER His Heirs and assigns forever in fee simple and I the said STEPHEN BARFIELD and my heirs and assigns doth further warrant and defend unto the said WILLIAM TURNER his heirs and assigns the aforesaid land and ? premises with Every advantage thereunto belonging against the just and lawfull claim of any person or persons whatsoever.
In Witness Whereof I the said STEPHEN BARFIELD have hereunto set my hand and seal affixed the day and date above written
Signed Sealed & |
Delivered in the presence of |
OWEN HOLMES |
JOHN WEBB TURNER | STEPHEN BARFIELD Seal

State of North Carolina
Sampson County February Term One thousand Eight hundred & three 1803 Then was the within deed from STEPHEN BARFIELD to WILLIAM TURNER was acknowledged in Open Court to Be Registered
HARDY HOLMES Clk
Registered this Being the first day of March 1803 O HOLMES Regr

This is to certify that Blackman Cox, deceased, was the owner of Lot No. 18 of the Clinton Cemetary(sic), as shown on the plot thereof which is recorded in Book 135 at page 602 of the Registers Office of Sampson County; and with the exception of the Barbrey Grove situate therein, the heirs of said Blackman Cox are permitted to use said Lot forever,
as a burying ground; said Lot being 32 by 32 feet in size. This May 26th 1919.
Henry A. Grady, (seal)
Mayor of Clinton,
North Carolina, Sampson County.

The execution of the foregoing instrument was this day acknowledged before me by Henry A. Grady, Mayor of Clinton, for the uses and purposes herein expressed. Let the instrument and this certificate berecorded, this May 26th 1919.
W. F. Sessoms ? C. S. C.
Filed May 26th 1919 at 2: P.M.
Recorded May 27th 1919
J. B. Williams, Reg Deeds

JOHN TURNER to SIMON TURNER
To all whom these presents Shall come Greetings Know Ye that I JOHN TURNER of the County of Bladen and Province of North Carolina for and in consideration of the sum of Thirty Pounds Sterling money of England to me in hand Paid before the sealing and Delivery hereof By SIMON TURNER of the County of Duplin in the provide aforesaid Planter the Receipt whereof I do hereby acknowledge myself therewith fully satisfied contented and Paid thereof and every part thereof do Execute Acquit and Discharge the said SIMON TURNER his heirs Executors Administrators & assigns forever By these presents Have Given Granted Bargained Sold Aliened Conveyed and Confirmed and By these presents Shall do freely fully and Absolutely Give Grant Bargain sell alien Convey and Confirm unto the said SIMON TURNER his heirs and assigns forever.
One Certain Tract or Parcell of land lying and Being in the County of Duplin and Province aforesaid Situate On the East side of Great Coheary Swamp. Butted and Bounded that is to say Beginning at a Small Pine EDWARD BROWN Corner thence So 32? Degrees West to a pine a Corner ? thence No 89 Degrees West 350 poles to a live Oak in the Run of the said Swamp thence up the [word, probably Swamp, marked out] said Run to a live Oak EDWARD BROWN Corner thence So. 89 deg East to a marked poplar in EDWARD BROWN line thence down a Run of Water in a Marsh Branch to the mouth of a small Branch that makes into it thence up the Same along the Course of the Water thereof to a gum at the Head thereof to a marked Pine standing in the Pond Thence the First Station Containing by Estimation Three Hundred acres be the same more or less being part of a tract of land Conveyed to me By JOHN SAMPSON Esqr of Wilmington and by me herby Conveyed to the aforesaid SIMON TURNER to him and his Heirs forever To Have and to Hold the said Bargained premises with all the appurtenances thereon Belonging with all the privileges Commodities thereunto in any manner of ? appertaining to him the said SIMON TURNER his heirs and assigns Forever to him and them only proper and lawful and behoof forever in Fee Simple and I the said JOHN TURNER for me my heirs Executors Administratos Do Covenant promise and agree to and with the said SIMON TURNER his heirs and assigns that before the ensealing hereof I am the true sole and lawfull Owner of the above Bargained premises and am lawfully signed and possessed of the Same in my Own proper Right as a Good perfect and absolute estate of Inheritance in Fee Simple and have and myself a Good right full power and lawfull authority to grant bargain sell convey and confirm the said bargained premises in manner as at entered and the said SIMON TURNER his heirs & assigns Shall and may from time to time and at all times forever hereafter By Virtue of these premises lawfully peaceably and Truly Have Hold and Occupy possess and enjoy the said Dimmed and Bargained premises with all the appurtanances free and Clear Freely and Clearly acquit Execute and discharge from all and all manner of Gifts grants bargains sales mortgages Sales Conveys Wills I___? Dowers entails Ind___? Executant encumbrances and troubles Whatsoever Except the Quit Rents ? of as is Known By these Presents to become due to his majestry and I the said JOHN TURNER doth Covenant and bind my self my heirs Garantors Administrators and any of them, hereby By these presents to warrant and defend the said SIMON TURNER his heirs Executors Admrs or Assigns ? And ? ? at all and Singular the granted and bargained for ? ? the Just and lawfull claim or claims of any person or persons By from or under me or by from or under any manner of person or persons Whatsoever and for the ? ? the title thereof to the above said SIMON TURNER his heirs, Executors Administrators or assigns Within [word scratched out] land to make and Give my Deed or Deeds as he the aforesaid SIMON TURNER his heirs Executors Administrators or assigns as or his or their Assigns in Law have think fit or Request.
As Witness my Hand and Seal. This the Twenty Second day of April and in the Year of Our Lord. One thousand Seven Hundred and Fifty four 1754

Signed Sealed and Delivered |
In the presence of |
GABRIEL HOMES | (Signed) JOHN TURNER Seal
MACKAY WILLIAMS |
ALEXANDER DURDEN |

MIAL TURNER to WILLIAM PETERSON
This Indenture made this 4th day of October in the Year of our Lord One Thousand seven hundred and Ninety One Between MIAL TURNER of the One part and WILLIAM PETERSON of the Other part. Both Parties of the County of Sampson and State of North Carolina Witnesseth that the said MIAL TURNER for and in consideration of the sum of forty two pounds to me in hand paid by the said WILLIAM PETERSON the Receipt whereof I do hereby acknowledge and my self thus most fully satisfied contented and paid and by these presents do give grant bargain sell convey and confirm unto the said WILLIAM PETERSON One Certain Messauge of tract of land in said County On the East side of great Cohany and on the West side of Cedar Creek Beginning at a pine on BENJAMAN WILLIAMSON line thence West 140 poles to a pine said Creek 15 poles to a Stake thence North 230 poles to a Stake thence East 15 poles to a Stake thence down Course 105 poles to a Stake at the Run of Cedar Creek and up the same by various Courses to the Beginning for Two Hundred acres of land Be the same more or less To Have and to Hold the said Bargained premises unto the said WILLIAM PETERSON his heirs and assigns forever and I the said MIAL TURNER my heirs and assigns to Warrant and forever defend the said land and plantation and all that may or doth appertaining to the same unto him the said WILLIAM PETERSON his heirs and assigns forever.
In Witness Whereof I the said MIAL TURNER Have Hereunto set my hand and seal The day and year first above written.
Signed Sealed & | his
Delivered in the presence of | MIAL X TURNER Seal
ALEXANDER CARRELL | mark
WILLIAM WILLIAMSON |

State of North Carolina
Sampson County August Court One thousand seven hundred and Ninety One then was the within deed from MIAL TURNER to WILLIAM PETERSON was proved in Open Court and Ordered to Be Registered.
CURTIS IVEY Clk
State of North Carolina
Sampson County Registered in the Registrars Office at the aforesaid County on Page 208 and 209 Book N this 8th day of November 1792
OWEN HOLMES Registrar

WILLIAM TURNER to JOSEPH DURDEN
This Indenture made this 19th day of March Annodomi One Thousand Eight hundred and Two 1802 Between WILLIAM TURNER of the one part and JOSEPH DURDEN of the other part both of Sampson County and State of North Carolina. Witnesseth that the said WILLIAM TURNER for and in consideration for the sum of fourteen hundred and Eighty Dollars $1480 to him in hand paid by the said W. JOSEPH DURDEN the Receipt whereof is hereby acknowledged hath bargained sold and conveyed and by these presents Bargain sell and convey unto the said JOSEPH DURDEN his heirs and assigns forever all that tract or parcel of lands situate lying and being in the County aforesaid On the North side of Young swamp Beginning at an ash at the Head of Young Swamp thence North 45 west 150 poles to a Red Oak thence South 48 West 20 poles to a Red Oak thence North [crossed out with and X] South 20 East 108 poles to a pine down thence North 79 West 88 poles to a pine these South 20 West 102 poles to a White Oak on the Run of said swamp thence down the Run as it meanders to the Beginning Containing by Estimation Three Hundred and Seventy One acres of lands and also all Woods Ways Waters and Water Courses and all and Every appurtenances thereunto Belonging or in any Mode appertaining To Have and to Hold the aforesaid land and premises with the appurtenances unto the said JOSEPH DURDEN and his heirs and assigns to the only proper use and Behoof of the said JOSEPH DARDEN his heirs and assigns forever and the said WILLIAM TURNER for himself his heirs and aforesaid land and premises and Every part thereof against the said WILLIAM TURNER and his heirs and against the lawfull claim or claims of all and Every other person and persons Whatsoever to the said JOSEPH DARDEN his Heirs and assigns shall And Will forever Warrant and Defend by these presents In Witness Whereof I the said WILLIAM DURDEN hath hereunto set my hand and seal the day and the Year first above Written

Signed Sealed & |
Delivered in the presence of |
MICHAEL KING | WILLIAM TURNER Seal
DANIEL MARLEY | SALLY TURNER Seal

State of North Carolina Sampson County November Term One Thousand Eight hundred and Two then was the above deed from WILLIAM TURNER and SALLY TURNER to JOSEPH DARDEN was acknowledged in Open Court and Ordered to be Registered
By HARDY HOLMES Clk
Sampson County Then was the above deed Registered the first day of December Anno domini 1802
December first day Anno domini 1802 By O HOLMES Regr

Source: Google Books online; North Carolina Reports, Vol XXXIV: Cases Argued and Determine in the Supreme Court at Raleigh, North Carolina: Cases Argued and Determine in the Supreme Court of North Caroline, January Term 1881, Reported by Thomas S. Kenan (Vol. 9) Raleigh: News and Observer, State Printers and Binders, (pages 421-423)

In the Supreme Court of NC

January Term 1881

POWELL Vs. MORISEY

James M. POWELL and others v. James K. MORISEY and others

Construction of Deed-Estate for life in Joint-Tenancy.

A deed to five grandchildren without the use of any restrictive, exclusive or explanatory words conveys an estate for life in joint-tenancy. The act of 1784 applies only to estates of inheritance (see preceding case.)

POWELL v. ALLEN, 75 N.C., 450, cited and approved.

Special Proceeding for partition of land commenced in the probate court and heard at Spring Term, 1880, of Sampson Superior Court, before Avery, J. The plaintiffs appealed from the judgment below.

Mr. D. J. Devane, for plaintiffs.

Messrs. E. T. Boykin, and Reade, Busbee & Busbee, for defendants.

Ruffin, J. This was a special proceeding begun in the probate court of Sampson County for a sale of lands for the (page 422) purposes of partition, and which was transferred to the superior court of that county, for the trial of certain issues raised by the pleadings. It comes to this court upon an appeal of the plaintiffs from a judgment of that court overruling a demurrer which they had interposed to the answer of the defendants; but we have not thought it necessary to elaborate that point, as we are of the opinion that the plaintiffs' case must fail because of an entire failure of title in them to the lands which are the subject of the action. The facts as set forth in the pleadings are as follows: On the 10th day of April, 1860, James Vann, under whom all parties claim, executed a deed whereby, after reserving to himself a life estate in the lands, he conveyed them to his five grandsons, James REGISTER, Harmon REGISTER, Gibson REGISTER, John R. REGISTER, and Edmond REGISTER, without the use however of any words of inheritance in the deed, and in 1866 he died leaving a will in which after making several special legacies and devises, he devised the residue of his estate to the plaintiffs who are also his grandchildren.

Of the grandsons mentioned in the deed, three died during the life of the grantor and one since his death, leaving John R. REGISTER alone surviving from whom the defendants, since the death of all his brother, have purchased.

The plaintiffs insist that the effect of the deed was to the grandsons only a life estate in the lands, whereas the defendants say that it was the intention of the grantor to give them a fee simple interest, and that the necessary words of inheritance were omitted through the mistake of the draughtsman, and they ask to have it corrected so as to give effect to such intention.

Of course if there be this mistake and the correction be made, then the plaintiffs cannot maintain their action; nor do we see that their condition will be bettered at all, if we give to the deed the construction insisted upon them.

A copy of the deed is made part of the case, and upon (page 423) reference to it we find that after reserving the land to the grantor for his life, it conveys a vested remainder to the five grandsons, without the addition of "any restrictive, exclusive, or explanatory words," such as is said by Blackstone in his commentaries, to be necessary to present the estate created by it becoming a joint-tenancy. It has every element essential to constitute it an estate of that character as defined both by the author just quoted and Lord Coke, and must be so construed by us, and all the properties and incidents be given it, that properly belonged to such an estate at common law save as they may have been modified by statute.

In the very recent case of POWELL v. ALLEN, 75 NC., 450, it was decided by this court that a joint tenancy for life was not within the mischief intended to be remedied by the act of 1784 which abolished the right of survivorship in joint estates, and consequently was not affected thereby, but that the common law rule, so far as such an estate was concerned, remained unchanged; and it is difficult to conceive of a case more in point that this one, as it too was an estate for life given to several joint-tenants in remainder after a particular life estate, and in which several of the tenants had died before the falling in of the particular estate.

We are constrained to hold that upon the death of his companions and by virtue of the doctrine of survivorship, John R. REGISTER as the last survivor became seized of the entire lands conveyed in the deed for and during the term of his life, and that the defendants as purchasers from him, are entitled to have the same and every part thereof for that period of time. As a necessary consequence to the failure of their title to the premises, the plaintiffs' petition should have been dismissed, and inasmuch as the plaintiffs are in no condition to complain of the action of the superior court in overruling their demurrer, their appeal to his court is dismissed.