Jacob Falkenbury sells/rents 134 acres to Henry Falkenbury for 5 shillings.
SPD beginning at an oak on the riverbank.
Witnesses – Samuel Berry, Tho. Berry, Nicolas Broadaway, William Howell
Synopsis
A lease (the first half of an English "lease and release" conveyance) dated 18 January 1757. Jacob Falkenbury of Anson County, Province of North Carolina, leases to Henry Falkenbury of the same county, for five shillings sterling, a 134-acre plantation on the south side of the Pee Dee River, beginning at an oak on the riverbank. The term is one year at a yearly rent of one peppercorn, payable at the Feast of St. Michael the Archangel if demanded. Under the Statute for Transferring Uses into Possession, this puts Henry in actual possession so that he can accept the "release" (the grant of reversion and inheritance), which normally followed a day later. Jacob signed by his mark. The handwritten note at the top reads "Jan 18, 1757 Jacob to Henry, 134 acres Anson, S Pee Dee (same as pg 134 4-28-56)", which links this tract to the 28/29 April 1756 deeds between Henry and Jacob.
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.
[Handwritten note at top: "Jan 18, 1757 Jacob to Henry / 134 acres Anson, S Pee Dee (same as pg 134 4-28-56)"]
JACOB FALKENBURY -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 Falkenbury of the County of Anson in the Provance of North Carolina of the one Part and Henry Falkenbury of the County aforesd. in the Provance Aforesd. of the Other Part WITNESSETH that the said Jacob Falkenbury for and in Consideration of the sum of Five Shillings Sterling to him in hand Paid by the sd. Henry Falkenbery the Receipt Whereof He Doth hereby Acknowledge Hath Bargained and Sold and by these presents Doth bargain and sell unto the sd. Falkenbery all that Mesuage tenement Plantation tract or parcel of Land Situate Lying and being in the County of Anson aforesd. Beginning at an oak the River Bank on the south side of Pee Dee River Runing then West 91 Pole then North 44 200 Pole then 17d. West 80 Poles then North 60 East 80 Poles to the River thence to the first Station Containing One Hundred and Thirty four Acres and the Revertion Remainder and Remainders With the Rents Isues and Profits of ye Premisice and of Every Part and Percel thereof to have and to Hold the sd. Messuage tenement Plantation tract or Parcel of Land and all and Singular other the Premises herein Mentioned and intended to be Hereby Bargained and sold with their and Every of their appurtenances Unto ye sd. Henry Falkenbery His Executors Administrators and Assigns from the Day before the Date hereof for and Dureing ye term of one Whole year from thence Next Ensuing and fully to be Compleated and Ended yealding and therefore the yearly Rent of one Peper Corn at the feast of St. Michael the Archangel Only if the same be then Demanded to the Intent that by Vertue of these Presents and of ye Statute for Transfering Uses into Possession the sd. Henry Falkenbery may be in the actual Possession of the Premises and be Enabled to Accept a grant of the Reversion and Inheritance thereof to him and his Heirs and assigns IN WITNESS Whereof the said Jacob Falkenbery hereunto Set his hand and Affixed his Seal the Day and year Above Writen – –
SIGNED SEALED AND Delivered
In the Presence of
Samuel Berry
Tho. berry
Nicolas Broadaway
William Howell
his
Jacob [X] Falkenbery (Seal)
mark
Note (unverified): This Jacob was possibly Henry’s son and not the grandson Jacob, son of Isaac, named in the 1759 gift deed. That would mean two Jacobs in the family. This is not yet confirmed.