Some years ago, when Carolyn Hartsough was researching her paper on Peter Pettypool, I managed to track down a very poor quality film of this particular land transaction. Carolyn was able to decipher the almost illegible script and made the transcription below. My thanks to Larry Hartsough for retrieving this copy. You can read more about Peter at http://www.pettypool.com/America/Peter/Peter.html
It is worth noting that this property was in South Carolina, not Tryon county, North Carolina as described. At this time, the border between North and South Carolina was in a state of flux, and Tryon county North Carolina covered much of north western South Carolina on North Carolina maps.
This Indenture made this twenty seventh day of Feby in the twelfth year of the Reign of our Sovereign Lord George the third by the grace of God of Great Britain France Ireland, King, defender of the faith In the year of our Lord God One thousand seven Hundred and seventy two Between John Howell of St. Paul’s Parish and Province of Georgia of the one part and Peter Patty Pool of Tryon County and Province of North Carolina of the other part Witnesseth that for and in consideration of the sum of Seventy Pounds sterling Money of Great Britain by the sd Peter Patty Pool to the said John Howell in hand paid for the sealing and delivery of these presents for the absolute purchase of a certain tract of land containing two hundred and two acres of land situate lying and being in Tryon County Province of North Carolina on Black Walnut Creek otherwise Called Mitchels Creek being Branch of Fair Forest Beginning at a white Oak and runs S. 18 poles 45 Chains to a stake thence E. 12 poles 45 Chains to a stake thence N. 18 poles 45 Chains to a stake and from thence to the first station with the sd premises the said John Howell to him his heirs & assigns by grant under the broad seal of the province of North Carolina, bearing date the twenty sixth day of March in the year of Our Lord 1755 and the said John Howell to the said Peter Patty Pool doth hereby grant release & convey the sd Tract of Two hundred and two acres together with […] Houses, out houses buildings and improvements timber & timber trees on the said tract of land Being Orchards ways waters Fishings, fouling feeding priviledges, hereditaments whatsoever hereunto in any wise or manner appertaining or belonging and the Reversion and reversions, Remainder and remainders of rents leases and profits thereof and the Said John Howell doth hereby relinquish all his state right title interest property claim & demand whatsoever thereunto of in and to the same To have and to hold the said tract of land with all the improvements appurtenances and hereditaments whatsoever hereby granted unto the said Peter Patty Pool and assigns forever to the only use and behoof of the said Peter Patty Pool his heirs and assigns forever And the said John Howell his heirs and assigns doth convey the sd Land Freely clearly and clear of all incumberances whatsoever the one half of all gold and silver mines excepted to the use of his Majesty and his successors forever & Lastly that the said John Howell and all and every other person or persons lawfully or equitably claiming or claim any Estate title or Interest of in or to the before granted Premises by from or under them or either or them from time to time and at all times hereafter upon the reasonable request and at the proper cost and charge in the Law of him the Said Peter Patty Pool his heirs & assigns shall & will make, acknowledge & execute or cause to be made Ackd executed all & every said acts & acts devices & assurances in the Law whatsoever for the more absolute conveying all and singular the premises hereby intended to be granted & to the use of the Peter Patty Pool his heirs and assigns or his or their council learned in the Law shall be devised or advised & required In Witness whereof the said John Howell doth to these presents set his hand and seal the date & year above written.
Signed sealed and delivered in presence of John Howell Seal
Jeremiah Routh
[…]
Elizabeth Carson
John Howell to Peter Pattypool, Lincoln County Deeds, Volume
1, pp. 596-597; NC State Department of Cultural Resources, Office of Archives and History; film C.060.40001