Jacob Falkenbery sells/rents 134 acres to Henry Falkenbury for 100 pounds Proclamation plus 5 shillings paid on the previous deed.
SPD beginning at an oak on the riverbank.
Witnesses – Samuel Berry, Thomas Berry, Nicolas Broady, William Howell
Synopsis
The "release" half of a lease-and-release deed dated 18 January 1757 (typed transcript, deed book pages 408-409). Jacob Falkenbery (also Falkembury, Folkembury) of Anson County releases to Henry Falkenbury (Folkenbury) of the same county, for £100 proclamation money plus five shillings sterling, a messuage and plantation on the south side of the Great Pee Dee River. The tract begins at an oak on the riverbank and runs W 94 poles, N 74 W 200 poles, N 17 W 180 poles, and N 60 E 180 poles to the river, "Containing by Estimation one Hundred Twenty five Acres." Henry was already in possession "by Virtue of a Bargain and seal … for one Whole year by Indenture bearing Date the Day before" under the Statute for Transferring Uses. This deed pairs with the lease in the post "1757 1-18" (already transcribed). That lease, and the April 1756 Henry-to-Jacob release, call the tract 134 acres. The 125 here is possibly a typing slip or a resurvey, which is not yet confirmed. Jacob made his mark. Samuel Berry, Thomas Berey, Nicolas Broady (Broadaway), and William Howell witnessed. In April 1756 Henry released the tract to Jacob, and nine months later Jacob released it back for £100. In September 1759 Henry gave half of a 134-acre tract on Smiths Creek to grandson Henry son of Jacob. These may all be the same land, kept within Henry Sr.'s line (possibly, not yet confirmed).
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.
JACOB FALKENBERY -TO- HENRY FALKENBURY
THIS INDENTURE Made this 18 Day of January 1757 In the year of our Lord One thousand Seven Hundred and fifty Seven BETWEEN Jacob Falkenbery of the County of Anson in the Provance of North Carolina of the one Part and Henry Falkenbury of the County of Anson of the other Part WITNESSETH that for and in Consideration of the sum of one Hundred Pounds Proclamation to the said Jacob in hand Paid by the sd. Henry Falkembury at and before the Ensealing and Delivery of these Presents the Receipt Whereof he hereby Acknowledge and thereof and of Every Part and Percel thereof Doth Clearly Acquit and Discharge sd. Henry Falkenbury and his heirs Exectrs. and Administrators and Every of them by these presents and of the sum of five Shills. Lawful money of Great Britain to the sd. Jacob Falkenbury in hand Paid by the sd. Henry Falkenbury the Receipt Whereof the sd. Jacob Falkenbury Doth also hereby Acknowledge the sd. Jacob Falkembury Have Granted Alinated Released and Confirmed and by these Presents Do Grant Alinate Release and Confirm Unto the sd. Henry Now in his Actual Possession Now being by Virtue of a Bargain and seal to him thereof made for one Whole year by Indenture bearing Date the Day before the Date Hereof and by Force of the Statute for Trancefering Uses to Possession and to his heirs and Asings all that Messuage Tenement Plantation Tract or Parcel of Land Situate Lying and being in the County of Anson in the Provance of North Carolina and on the South Side of Great Pee Dee Beginning at an Oak on the River bank Running thence West 94 Pole then North 74 West 200 Pole then No. 17 West 180 Pole then North 60 East 180 Pole to the River Thence to the first Station Containing by Estimation one Hundred Twenty five Acres be the Same more or less and All the Estate Right title Intrest Reversion Claim and Demand Whatsoever of him the sd. Jacob Falkembury of in and Unto the Premises aforesd. and Every Part and Percel thereof and the Reversion and Reversions Remainder or Remainders yearly or Other Rents and Profits of the Premises and of Every Part and Percel thereof to Have and to Hold the sd. Measuage or Plantation of Land and all and singular Other the Premises Herein before Mentioned and Intended to the Hereby Granted with the Appurtenances Unto the sd. Henry Folkenbury and his Heirs to the Use of the sd. Henry Falkenbury and his Heirs to the Use of the sd. Henry Folkenbury and of his Heirs and Asigns and the sd. Jacob Folkembury Heirs Exectrs. Administrators Doth Covenant and Grant to and with the sd. Henry Falkenbury tenances of a good sure Perfit Absolute and Indefeasable Fee And Now Good Rightfull Power and Lawful and Obsolute authority to Grant and Convey the said Measuage and Premises Unto the sd. Henry Folkenbury Heirs assigns to the perfect and true Intent and meaning of these Presents and that it Shall and may be Lawful to and for the sd. Henry Falkenbury heirs and Asigns from time to time and at all times Hereafter Peacably and Jointly to have Hold Posess and Injoy sd. Measuage and all and Singular Other Premises hereinbefore mentioned and Intended in the hereby Granted with their appurtenances without any Lawful suit Trouble or Interception of him the sd. Jacob Folkembury heirs or Asigns or any other Person Whatsoever freed and Discharged of and from all Incumbrances whatsoever the Rents or Services Hereafter to grow Due to his majesty only Excepted and fore Priesed
and the Jacob Folkenbury Heirs Exectrs. and Administrators Doth Covenant and Grant to and With the sd. Henry Folkenbury by these Presents that it shall and may be Lawfull to and for the sd. Henry Folkembury heirs and asigns from time to time and at all times for Ever hereafter Peacably and Quietly to have Hold Poses and Injoy the sd. the sd. Measuage and Premises with their Appurtenances Without the Lawful Let Suit Trouble or Interception of him the sd. Jacob Folkembury and Heirs and Asigns 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 Jacob Falkembury and Heirs Extrs. and Admtrs. Do Covenant and Grant to and With the sd. Jacob [sic] Falkenbury his heirs and asigns by these Presents that he the sd. Jacob Falkenbury his heirs shall and will any time or times hereafter Upon the Request and at the Proper Cost and Charge in the Law whatsoever for the further Better Conveying and asuring the sd. Measuage Premises WITH THEIR Appurtainances Unto the sd. Henry Falkenbury and his Heirs to the Use of the sd. Henry Falkenbury and of him heirs and Asigns for Ever be it by fine or fines Recovery or Recoverys Otherwise howsoever as by the sd. Henry Falkenbury heirs or asigns or his or their Counsils Lerned in the Law Shall be Reasonably Devised Advised or Required so as Such further Asurance Contain No Further Covenant or Warentee then in these Presents Contained In Witness Whereof sd. Jacob Falkembury here Unto set his hand and Affixed his Seal the Day and year Above Writen – – –
Signed Seal'd and Delivered In the Prence of
Samuel Berry
Thomas Berey
Nicolas Broady
William Howell Jacob (his X mark) Falkenbury (Seal)