deed of trust

R.S. Wilkins has a house built.

When Redden S. Wilkins contracted Claudius Aycock to build him a house in 1897, Wilkins borrowed $206.50 from J.R. Uzzell and put up his Lodge Street lot as surety. The house was a tiny one, measuring 36 feet long by 21 feet wide with an 18-foot porch and a six-foot-wide passageway. (That seems like a lot of hall for such a narrow house.)

Deed book 45, page 53, Wilson County Register of Deeds Office, Wilson, N.C.

Important sale.

Tarborough Southerner, 2 December 1854.

Both Jonathan D. Rountree and William D. Thorne were merchants in Wilson. When Thorne failed to repay a large loan, Rountree forced the sale of, it appears, everything Thorne had, including “three young Negroes.” Day in, day out, the lives of enslaved people were upended by their owners’ bad decisions.

Conveyance to the Elm City Colored Cemetery trustees.

Deed Book 81, page 323.

In 1893, Ellen Williams, J.H. Joyner, Joseph Short, Haywood Batts, Amos Whitley, William Barnes, George Barnes, Robert Barnes, Agatha Williams, Frank Barnes, James Williams, Doublin Barnes, Amerson Parker, George Gaston, Joshua Farmer, Louis Deans, Leah Bullock, Elbert Locust, John Marshaw, Richard Battle, William Pender, George Barnes Jr., and Proctor Battle “associate[d] themselves” to purchase land to establish an African-American cemetery just outside Elm City. The group bought a two and a half acre parcel from Thomas G. Dixon and wife on 6 January 1893. As they began to sell burial plots, however, they ran into a problem. Securing the signatures of all the owners on every single sale was difficult and time-consuming.

After fifteen years of this struggle, on 28 September 1908, the owners conveyed the Elm City Colored Cemetery to three of their number — Robert Barnes, Haywood Batts, and George Barnes — as trustees. 

The Townsends default.

A deed of trust is essentially an agreement between a lender and a borrower to give legal title to a property to a neutral third party who will serve as a trustee. The trustee holds the property until the borrower pays off the debt owed to the lender. During the period of repayment, the borrower keeps the actual or equitable title to the property and generally maintains full responsibility for the premises. The trustee, however, holds the legal title to the property and is empowered to sell the property to satisfy the debt if the borrower defaults. Once the sale is complete, the trustee will distribute the proceeds between the borrower and the lender. The lender gets whatever funds are required to satisfy the debt, and the borrower receives anything in excess of that amount.

On 15 January 1940, the Wilson Daily Times published a notice of sale of six properties belonging to Andrew J. and Mary L. Townsend, who had defaulted on the terms of a deed of trust filed in 1938:

(1) adjoining the property of Trinity A.M.E. Zion Church, H.W. Farrior, and Owen Smith a lot on Banks Street purchased from O.L.W. and Cynthia Smith, recorded in Book 85, page 398, Wilson County Register of Deeds Office;

(2) a lot on the southern edge of Banks Street where Banks crosses a ditch that runs south into the Hominy Swamp canal, purchased from O.L.W. and Cynthia Smith, recorded in Book 111, page 361;

(3) adjoining the property of Louis W. Townsend, Trinity A.M.E. Zion Church and H.W. Farrior, a lot on the western side of Goldsboro Street and south of Banks Street, on the same ditch as above, purchased from O.L.W. and Cynthia Smith, recorded in Book 98, page 179;

(4) lot 14 in the Winona subdivision on Mercer Street (map recorded at Book 68, page 457) purchased from S.H. and Annie M. Vick and recorded at Book 116, page 273;

(5) adjoining the lands of John and Mary Lewis and S.H. Vick, a 50′ by 100′ lot on Mercer Street (lot 16 of Winona subdivision) purchased from S.H. and Annie M. Vick and recorded at Book 172, page 24; and 

(6) lot 15 on the plat of Winona subdivision, a 50′ by 100′ lot on Mercer Street purchased from S.H. Vick and recorded at Book 68, page 457.

——

  • Andrew J. Townsend — in the 1940 census of Wilson, Wilson County: Andrew Townsend, 58, section hand for N.S. [Norfolk Southern railroad]; wife Lula, 49, tobacco factory laborer; children Lewis, 27, Rachel, 22, Louisa, 18, Christine, 16, Odell, 15, Hazel, 13, and Minnie Ruth, 11; and granddaughter Maybelle, 3.
  • Mary L. Townsend — Mary Lula Townsend.
  • Trinity A.M.E. Zion Church
  • H.W. Farrior — Henry W. Farrior.
  • Owen Smith — Owen L.W. Smith.
  • Cynthia Smith — Cynthia Smith died 
  • Louis W. Townsend — Louis Townsend died 12 March 1932 in Wilson. Per his death certificate, he was born 29 February 1853 in Person County, N.C., to Dempsey Townsend and Margaret Thorp; lived at 408 East Hines Street, Wilson; was the widower of Henrietta Townsend; was a day laborer for a tobacco manufacturing company. Informant was Rachael Dixson, Wilson, N.C.
  • S.H. Vick — Samuel H. Vick.
  • Annie M. Vick — Annie Washington Vick.

As shown in this Google Maps aerial, the area of the Townsends’ property is no longer residential.

Trustee’s sale of Suggs’ land.

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Wilson Daily Times, 12 October 1928.

Trustee J.S. Duncan posted a notice of the sale of three lots on which Daniel C. Suggs and wife Mary A. Suggs defaulted payment.

The first lot was one and a half acres between Railroad Street and the Atlantic Coast Line Railroad, adjacent to Contentnea Fertilizer Factory.

The second lot was six acres north of Contentnea [Cemetery] Street adjoining Calvin Blount, John RatleySamuel H. Vick, and “the colored cemetery.”

The third lot was at the intersection of Railroad and Suggs Streets.

The 200 block of East Street and the 900 blocks of Carolina and Washington Streets.

In February 1920, Atlantic Coast Realty Company surveyed an irregularly shaped parcel of land between East and Vick Streets in Wilson. The land, commonly known as the Sallie Lipscomb property, belonged to J.H. Griffin and others, who planned to carve out 45 lots for sale to home builders.

[Note: Sarah A. Barnes (1842-1927), daughter of Edwin T. and Theresa Simms Barnes, married Virginia-born Oswald Lipscomb in 1869. Per documents in Lipscomb’s estate file, Lipscomb and his brother-in-law John T. Barnes entered into a partnership to form Lipscomb & Company (also known as Lipscomb & Barnes), a contracting, carpentry and woodworking business that operated from a shop at Pine and Lee Streets. The business operated profitably until “opposition in business, a general falling off of the trade, the contraction in prices and one or more contracts for building houses in which the firm lost money” caused Lipscomb to give up the trade and “retire to his wife’s farm near the town of Wilson.” It is reasonable to assume that the Sallie Lipscomb property platted here was (part of) that farm. (Lipscomb & Barnes continued to struggle, and Barnes piled on more debt to keep the firm afloat. Lipscomb died in 1891, and Barnes in 1894. Soon after, Edwin T. Barnes, administrator of John T. Barnes’ estate, sued to make sure their brother-in-law’s estate claimed no portion of the business.)]

Plat book 1, page 184, Register of Deeds Office, Wilson County.

The plat map shows neighboring landowners as “Vick” (almost certainly Samuel H. Vick), Dorsey Williams, Robert Rice and “Howard.” Development did not commence immediately, as the 1922 Sanborn fire insurance map below shows empty space along the 200 block of East Street and between the 900 blocks of Washington and Carolina Streets. The six houses on Washington and one on Carolina lie beyond the borders of the Sallie Lipscomb property. Sam Vick’s house is at top left on Green Street, and the strip of land he owned at the edge of the map seems to have been behind houses in the 700 block of Green. Dorsey Williams’ house was at 304 (formerly 147) East Street.

1922 Sanborn fire insurance map of WIlson, N.C.

On 12 February 1924, barber David H. Coley and wife Eva Speight Coley, a teacher, purchased Number 44, one of the larger lots in the subdivision, and built a house on it. On 1 October 1929, they executed a deed of trust with realtor D.S. Boykin to secure a loan from Carolina Building and Loan Association. Exactly four weeks later, the stock market collapsed, and it is not hard to imagine that the Coleys’ fortunes fell with the country’s. They defaulted on their loan, and in February 1932, Boykin advertised the impending sale.

Wilson Daily Times, 17 February 1932.

Here is the approximate location of the Sallie Lipscomb property as shown on Google Maps today. The Coleys’ house at 931 Carolina Street was long ago demolished; it is not listed in the East Wilson historic district inventory.

 

To have and hold the said land, no. 1.

Abstracts of deeds recording the purchase of real property by African-Americans in Wilson County during the first fifty years of freedom:

  • On 4 February 1867, Jacob Jones paid Thomas and Rhodey Williamson $100 for 36 acres of land on the west side of Sheperds Branch adjoining the lands of Stephen Boykin and R.H. Baker. The purchase was recorded in Deed Book 3, page 363, Register of Deeds Office, Wilson.

Jacob Jones was freeborn. In the 1860 census of Old Fields township, Wilson County: Jacob Jones, 31, day laborer, with wife Milly, 31, and children Louisa, 11, Charity, 10, John, 6, Stephen, 4, and Joana, 2. Jacob reported $40 in personal property.

Shepard Branch is a tributary of Contentnea Creek. It branches off the creek just below N.C. Highway 42, then runs northerly between Lamm Road and Interstate 795 and behind James B. Hunt High School.

  • On 15 September 1867, Lemon Taborn paid K.H. and Martha Winstead $600 for a half-acre parcel on Tarboro Street. The purchase was recorded in Deed Book 2, page 413, Register of Deeds Office, Wilson.

Lemon Taborn, also freeborn, operated a barber shop in Wilson as early as the 1850s.

  • On 10 April 1869, Jacob Jones paid Thomas and Rhodey Williamson $17 for 3 1/4 acres on Poplar Spring Branch. The purchase was recorded in Deed Book 3, page 364, Register of Deeds Office, Wilson.

Poplar Spring Branch, like Shepard, runs in Old Fields township.

  • On 12 November 1869, Hilliard Ellis and Warren Rountree paid R.J. Taylor and wife $1225 for 245 acres on Little Swamp adjacent to Stephen Lipscomb. The purchase was recorded in Deed Book 3, page 467, Register of Deeds Office, Wilson.

Hilliard Ellis and Warren Rountree were brothers. I do not know the source of their wealth so soon after emancipation.

Little Swamp is also in Old Fields township. It branches off Contentnea Creek just east of present-day Saint Rose Church Road, then runs west, then north between Radio Tower Road and Flowers Road.

  • On 21 March 1870, “Henry Forbes col.” purchased 1 acre from Virginia C. Edwards near Clarisa Barnes and others. The purchase was recorded in Deed Book 2 (part 3), page 133, Register of Deeds Office, Wilson.

In the 1870 census of Wilson township, Wilson County: Henry Forbes, 48, domestic servant; wife Louisa, 43; and children Charles, 15, farm laborer, and Georgiana, 9; plus John Forbes, 21, selling tobacco, and Patsey Forbes, 70.

 

Deeds of trust, no. 1.

A deed of trust is essentially an agreement between a lender and a borrower to give legal title to a property to a neutral third party who will serve as a trustee. The trustee holds the property until the borrower pays off the debt owed to the lender. During the period of repayment, the borrower keeps the actual or equitable title to the property and generally maintains full responsibility for the premises. The trustee, however, holds the legal title to the property and is empowered to sell the property to satisfy the debt if the borrower defaults.  (In that event, once the sale is complete, the trustee will distribute the proceeds between the borrower and the lender. The lender gets whatever funds are required to satisfy the debt, and the borrower receives anything in excess of that amount.)

Here are details of several deeds of trust filed in Wilson County:

  • Levi H. Peacock and his wife Hannah H. Peacock borrowed $65.88 at 6% interest from Kathleen Smith Grady to purchase a 53′ by 210′ lot with buildings on Ash Street adjacent to lots owned by O.L.W. Smith and others. The loan was due 1 January 1929. On 24 September 1928, trustee R.A. Grady filed a deed of trust that was recorded at Book 181, page 302. It carries a stamp noting thet the loan was paid in full and the deed cancelled on the due date.
  • Laura Reid and her husband H.S. Reid, Minnie Reid Creech and her husband M.C. Creech, Levi J. Reid, Hugh C. Reid, J. Harvey Reid and Walter Reid borrowed $1000 at 6% interest from A.O. Dickens to purchase 46 acres on New Raleigh Road and Contentnea Creek. Laura Reid had purchased the acreage, identified as Lot #5 of the plat at Plat Book 1, Page 24, from F.J. and Mattie Finch. Trustee Bryce Little filed a deed of trust that was recorded at Book 181, page 470. There is no indication that the loan was satisfied.

Plat Book 1, Page 24, “Division of J.D. Farrior Raleigh Road Farm Three Miles West of Wilson, N.C.,” 5 December 1916.

Lot #5 of the above plat.

The location of Laura Wilder Reid’s land today, out N.C. Highway 42 West, just past Forest Hills Road and just before Greenfield School.

  • W.M. King, J.H Neil and G.J. Branch, the trustees of “Mount Zion Holiness Church (colored)” borrowed $75 at 6% interest from J.T. Dew & Brothers to purchase a lot on the south side of Lodge Street on which a church building stood. The loan was due 14 April 1929. On 14 April 1928, trustee R.A. Grady filed a deed of trust that was recorded at Book 181, page 26. There is no indication that the loan was satisfied.
  • John Whitehead, Mat Turner and Alonzo Walker, the trustees of “Good Hope Missionary Baptist Church (colored)” borrowed $400 at 6% interest from R.A. Grady. (“Witnesseth: That whereas at a special meeting of the membership of Good Hope Missionary Baptist Church (colored) held on the 4th day of January 1929 … it was made to appear that in order to complete the church building now in the course of erection” and to pay the purchase price of the lot, they needed to borrow money. … F.F. Battle, Moderator, Mary Jones, Clerk.) The lot and church building were on Atlantic Street. The loan was due 10 January 1930. On 16 January 1929, trustee R.A. Grady filed a deed of trust that was recorded at Book 181, page 543. There is no indication that the loan was satisfied.

The collapse of the Vick empire.

A deed of trust is essentially an agreement between a lender and a borrower to give legal title to a property to a neutral third party who will serve as a trustee. The trustee holds the property until the borrower pays off the debt owed to the lender. During the period of repayment, the borrower keeps the actual or equitable title to the property and generally maintains full responsibility for the premises. The trustee, however, holds the legal title to the property and is empowered to sell the property to satisfy the debt if the borrower defaults.  Once the sale is complete, the trustee will distribute the proceeds between the borrower and the lender. The lender gets whatever funds are required to satisfy the debt, and the borrower receives anything in excess of that amount.

On a single day in April 1935, Samuel H. and Annie Washington Vick lost nearly all of their wealth, including their home. The Vicks were heavily in debt and had defaulted on their loans.  Trustee Mechanics and Farmers Bank, an offshoot of North Carolina Mutual Life Insurance Company (and one of a handful of black North Carolina banks to survive the Great Depression), offered dozens of their properties for sale. On 4 April 1935, as recorded in Deed Book 221, pages 333-341, Home Development Corporation purchased the following tracts — comprising 109 houses and lots, 4 additional vacant lots, and 2 large parcels — for $35,000:

  • Tract 1 — the house and lot at 310 [North] Pender Street.
  • Tract 2 — the house and lot at 313 [North] Pender Street.
  • Tract 2-A — the houses and lots at 401, 403, 407 and 409 Viola Street.
  • Tract 3 — “off of and south of Plank road [East Nash Street], adjoining the lands of Harry Clark and others.”
  • Tract 4 — a 19-room house on Vance Street. [This is likely the building that housed the Independent School.]
  • Tract 5-A — the house and lot at 714 East Viola Street.
  • Tract 5-B — the “Vick Home Place” at 622 East Green Street. [The Vicks regained title to this house, which remains in family hands today.]
  • Tract 5-C — the houses and an empty lot at 711, 713 and 717 East Green Street.
  • Tract 5-D — the house and lot at 716 East Green Street.
  • Tract 5-E — the house and lot at 703 East Green Street.
  • Tract 5-F — the house and lot at 709 East Green Street.
  • Tract 5-G — the houses and lots at 606, 608, 610, 612 and 614 East Vance Street.
  • Tract 5-H — the houses and lots at 630 and 632 East Vance Street.
  • Tract 5-I — the house and lot at 620 East Vance Street.
  • Tract 5-J — the house and lot at 624 East Vance Street.
  • Tract 5-K — the house and lot at 628 East Vance Street.
  • Tract 5-L — the houses and lots at 617 and 619 East Viola Street.
  • Tract 5-M — the houses and lots at 705 and 707 East Viola Street.
  • Tract 5-N — the house and lot at 623 Darden Alley [now Lane].
  • Tract 6 — the houses and lots at 701 and 703 East Vance Street.
  • Tract 7 — a 5820 square-foot lot on Viola Street.
  • Tract 8 — the house and lot at 508 East Green Street.
  • Tract 9 — the houses and lots at 509 and 511 [East] Green Street.
  • Tract 10 — the houses and lots at 503 and 505 [East] Green Street.
  • Tract 12 — the houses and lots at 529, 531 and 533 East Nash Street.
  • Tract 13 — the houses and lots at 543, 545, 547 and 549 East Nash Street.
  • Tract 25-A — the buildings and lots at 535, 537 and 539 East Nash Street.
  • Tract 25-B — the house and lot at 526 Smith Street.
  • Tract 25-C — the house and lot at 522 Smith Street.
  • Tract 25-D — the house and lot at 516 Smith Street.
  • Tract 25-E — the houses and lots at 523 and 525 Smith Street.
  • Tract 25-F — the houses and lots at 517 and 519 Smith Street.
  • Tract 14 — the house and lot at 518 East Nash Street.
  • Tract 15 — a 53′ by 153′ lot on Church Alley [now Street].
  • Tract 17 — the houses and lots at 402 and 404 Vick’s Alley [now Parker Lane].
  • Tract 18 — the house and lot at 503 South Spring [now Lodge] Street.
  • Tract 19 — a 7200 square-foot lot adjoining Louis Townsend, near Spring Street [now Lodge].
  • Tract 20 — the houses and lots at 406 and 408 Vick’s Alley [now Parker Lane].
  • Tract 21 — the houses and lots at 403, 405, 407 and 409 Vick’s Alley [now Parker Lane].
  • Tract 23 — the houses and lots at 206 and 208 South Manchester Street.
  • Tract 26-A — the houses and lots at 810 and 812 Elvie [formerly, Elliott] Street.
  • Tract 26-B — the house and lot at 1002 Elvie Street.
  • Tract 26-C — the houses and lots at 801 and 803 Elvie Street.
  • Tract 26-D — the house and lot at 811 Elvie Street.
  • Tract 26-E — the house and lot at 908 Elvie Street.
  • Tract 27 — the house and lot at 607 Stantonsburg Street [now Pender Street S.E.]
  • Tract 28 — the house and lot at 600 Stantonsburg Street [now Pender Street S.E.]
  • Tract 29 — the houses and lots at 213, 215 and 217 Stantonsburg Street [now Pender Street S.E.]
  • Tract 31-A — the houses and lots at 903 and 907 Mercer Street.
  • Tract 31-B — the house and lot at 915 Mercer Street.
  • Tract 32 — a lot on Sugg[s] Street.
  • Tract 33 — the house and lot at 700 Suggs Street.
  • Tract 34-A — the house and lot at 309 Hackney Street.
  • Tract 34-B — the houses and lots at 305 and 307 Hackney Street.
  • Tract 35-A — the house and lot at 617 Darden Alley [Lane].
  • Tract 35-B — the house and lot at 623 Darden Alley [Lane].
  • Tract 37 — the houses and lots at 109, 111, 113, 115, 117 and 201 East Street.
  • Tract 38 — the houses and lots at 108 and 110 Ashe Street.
  • Tract 39 — the houses and lots at 114, 116 and 118 East Street.
  • Tract 40 — 40 acres in Wilson township.
  • Tract 42 — the houses and lots at 400, 402 and 404 Hines Street.
  • Tract 43 — the houses and lots at 500 and 502 East Vance Street.
  • Tract 44 — the house and lot at 712 East Vance and the adjoining lot.
  • Tract 45 — the house and lot at 603 Darden Alley [Lane].
  • Tract 46 — the house and lot at 504 [North] Vick Street.
  • Tract 47 — the house and lot at 504 Stantonsburg Street [now Pender Street S.E.]
  • Tract 48 — the house and lot at 515 Stantonsburg Street [now Pender Street S.E.]
  • Tract 49 — the house and lot at 201 Stantonsburg Street [now Pender Street S.E.]
  • Tract 16 — the house and lot at 519 Church Street.

Separate deeds filed the same day showed the transfer of (1) a 50-acre subdivided parcel (minus several dozen lots already sold) from trustee E.R. Merrick to Home Development Corporation for $3500 (Deed Book 221, page 332), and (2) 7 lots on Suggs, Vick, Church and Viola Streets from trustee R.L. McDougald to Home Development Corporation for $6000 (Deed Book 221, page 331). Both transactions involved land the Vicks had borrowed against.

Marked with red asterisks, this roughly six-block area shows the locations of 34 properties held in trust by Merchants and Farmers Bank and sold on 4 April 1935. Many were small shotgun houses built for rental to working-class families. Excerpt from page 32 of the 1922 Sanborn fire insurance map of Wilson, N.C. 

Mercy goes on the block.

Eighty-seven years ago today, Mercy Hospital was sold at auction to the highest bidder. J.D. Reid had pledged the facility as security several years before, and the scandal that undid the Commercial Bank also dragged the struggling Mercy under. Oliver N. Freeman had signed the deed of trust transferring title.

The hospital soon reopened under new ownership.

PC 3 8 1930 mercy sold

Pittsburgh Courier, 8 March 1930.