Henry Falkenborough rents/sells 134 acres to Jacob Falkenborough for 100 pounds of Proclamation money plus the 5 shillings paid on the previous deed the day before.
SPD beginning at an oak on the riverbank.
Witnesses – John Leeth and Isaac Falkenborough
Synopsis
The "release" half of a lease-and-release deed dated 29 April 1756 (typed transcript, deed book pages 132-133, entry no. 88). Henry Falkenborough of Anson County, North Carolina, conveys to Jacob Falkenborough of the same county, in fee simple, the 134-acre plantation on the south side of the Great Pee Dee, beginning at an oak on the riverbank. Jacob was already in possession under a one-year lease dated the day before (28 April 1756). Henry signed with his own name rather than a mark. Witnesses were John Leeth and Isaac Falkenborough (typed "Faldenborough", by mark). The same tract is conveyed back from Jacob to Henry by the January 1757 lease (see the 1757 1-18 posts), and a typed heading on that deed cross-references "pg 134 4-28-56".
Full Transcription
Transcribed from the deed-book images already shown in this post (click any image above for the full-size original). Spellings are kept as typed in the transcript. [sic] marks an apparent typing error, [?] marks an uncertain reading, and words in brackets are editorial notes.
88 HENRY FALKENBOROUGH TO JACOB FALKENBOROUGH
THIS INDENTURE made this 29th day of April in the year of our Lord 1756 Between Henry Falkenborough of the County of Anson in the province of North Carolina of the one part and Jacob Falkenborough of the County of Anson of the other part Witnesseth that for and in consideration of the sum of one hundred Pounds Proclamation money to the sd. Henry in hand paid by the sd. Jacob Falkenborough at and before the Ensealing and delivery of these presents the recpt of which he hereby acknowledges and thereof and of Every part and parcel thereof doth clearly Acquit and discharge the sd. Jacob Falkenborough and his heirs Executors and Administrators and Every of them by these presents and of the sum of the sum of five Shillings lawful money of great Britain to the said Henry Falkenborough in hand paid by the sd. Jacob Falkenborough the recpt whereof the sd. Henry Falkenborough doth also hereby acknowledge the sd. Henry Falkenborough have aliened released and Confirmed unto the sd. Jacob now in his actual Possession now being by Virtue of a Bargain and sale to him thereof made for one whole year By Indenture bearing date the day before the date hereof & by force of the Statute for Transfering uses into Possession & to his heirs and Assigns all messuage tenement Plantation tract or parcel of land Sitate lying and being in the County of Anson in the Province of North Carolina and on the south side of great Pee Dee Beginning at an oak on the river Bank runing thence Wt. 94 poles then No. 74 Wt. 200 poles then No. 17 Wt. 80 poles then No. 60 Et. 80 poles to the river thence to the first Station Containing by Estimation one hundred & thirtyfour acres be the same more or less and all the Estate right title Interest reversion claim and demand whatsoever of him the sd. Henry Falkenborough of in & unto the premises aforesaid and Every part & parcel thereof and the reversion and reversions remainder and remainders yearly and other rents and profits of the premises and every part or parcel thereof To have and to hold the said messuage and plantation of land and all and singular other the premises herein before mentioned and intended to be hereby granted with the appurtenances unto the sd. Jacob Falkenborough & his heirs to the use of the sd. Jacob Falkenborough and of his heirs and assigns & the sd. Henry Falkenborough his heirs Exrs. admrs. doth covenant and grant to and with the sd. Jacob Falkenborough his heirs & assigns by these presents that he the sd. Henry Falkenborough now Standeth lawfully and rightfully seized of and in the sd. messuage and premises with their appurtenances of a good sure perfect absolute and Indefeasable Estate in fee and now he hath good rightful power and absolute Authority to grant and convey the sd. messuage and premises unto the sd. Jacob Falkenborough and heirs according to the purport & true intent and meaning of these presents and that it shall and may be lawful to and for the sd. Jacob Falkenborough & his heirs & assigns from time to time & at all times hereafter Peaceably & Quietly to have hold Possess and Enjoy the sd. Messuage and all and singular other premises herein before mentioned and intended to be hereby granted with their appurtenances without the lawful let suit trouble or Interruption of him the sd. Henry Falkenborough heirs or assigns or any other person whatsoever freed and discharged of & from all incumbrances whatsoever the rents or services
hereafter to grow due to his majesty etc. only Excepted and foreprized and the sd. Henry Falkenborough heirs Executors & administrators doth Covenant and grant to & with the sd. Jacob Falkenborough by these presents that it shall & may be lawful to and for the sd. Jacob Falkenborough his heirs & assigns from time to time and at all times forever hereafter peaceably & Quietly To have hold Possess and Enjoy the sd. Premises & messuage with their appurtenances without the lawful Let suit or trouble or interruption of him the sd. Henry Falkenvorough heirs & assigns or any of them or any other person or persons lawfully claiming or to claim in by from or under him or any of them and the sd. Henry Falkenborough and his heirs & Executors and administrators do covenant and grant to and with the sd. Jacob Falkenborough & his heirs and assigns by these presents that he the sd. Henry Falkenborough & his heirs shall and will at any time or times hereafter upon the request and at the proper costs & charges in the law of the said Jacob Falkenborough heirs & assigns do make and Execute & cause & procure to be made and done and Executed all and Every such further & other act & acts Conveyance & assurances in the law whatsoever for the further and better conveying and assuring the said messuage & premises with their appurtenances unto the sd. Jacob Falkenborough & his heirs to the use of the sd. Jacob Falkenborough & of his heirs & assigns forever be it by fine or fines Recovery or recoveries or otherwise howsoever as by the sd. Jacob Heirs or assigns or his or their Council Learned in the law shall be reasonably advised devised or required so as such further assurance Contain no further covenant or warrantee than in these presents is contained In Witness whereof the sd. Henry Falkenborough hath hereunto set his hand and seal the day & year above written Signed sealed and delivered in the presence of
Henry Falkenborough (seal)
John Leeth
his
Isaac Faldenborough
mark
Note (unverified): The Jacob in this 134-acre exchange was possibly Henry’s son rather than the grandson Jacob, son of Isaac, named in Henry’s 1759 gift deed. This is not yet confirmed.