It seems that this date could be a typo and should be 1753 not 1759. John Leeth was dead by 1759. We need to see the original deed.
Francis Mackilwain sells 200 acres to John Leeth for 30 pounds Virginia currency.
Patent to Francis Mackilwain to Samuel French to Francis Mackilwain. In Anson Co. on south side of Pee Dee River and on both sides of Cedar Creek beginning at a white oak.
Witnesses – Antho. Hutchins, M. Brown
Synopsis
Typed deed-book transcript, pages 352-353, showing three Anson County, NC deeds. The middle one is the deed this post covers. Francis Mackilwain (also spelled Mackelwain, Mackilwean, Mackilwane), surveyor, sells to John Leeth, planter, for £30 Virginia currency, 200 acres on the south side of the Pee Dee River and both sides of Cedar Creek. The tract was patented to Mackilwain on 11 April 1749, went from him to Samuel French, and came back to him by deed of 17 January 1750/1. The quit-rent was four shillings proclamation money per hundred acres. Witnesses were Antho. Hutchins and M. Brown. The transcript dates the deed "fifth Day of September 1759". However, the 1758 deed by which Anthony Hutchins, as John Leeth's executor, sold this same tract cites "deed dated Sept 5th 1753" from Francis to John Leeth. So the post's suspicion is confirmed: 1759 is a typing error for 1753, which also fits the neighboring deeds of April and August 1753 on the same pages. The other two deeds on the page, John Francis to Richard Touchstone (12 April 1753) and Henery Downs to Richard Downs (8 August 1753), are transcribed for completeness. Antho. Hutchins and M. Brown also witnessed the Touchstone deed.
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.
North Carolina
JOHN FRANCIS TO RICHARD TOUCHSTONE
THIS INDENTURE made this 12th Day of April in the year of our Lord Christ One Thousand Seven hundred and fifty three Between John Francis of Anson County in the province of North Carolina planter of the one part and Richard Touchstone of the Same County & province afsd. of the other part. WITTNESSETH that the Said John Francis for and in Consideration of the Sum of fifty Two pounds Current money of the Colloney of Virginia to him in hand paid by the Sd. Richard Touchstone the Receipt whereof the said John Francis Doth hereby Confess and Acknowledge himself to be therewith fully paid and Satisfied and therefore hath granted Bargained Sold aliened and Confirmed and by these presents doth grant bargain Sell & Confirm unto the Sd. Richard Touchstone his heirs and assigns forever a Tract of Land granted to Ye Sd. John Francis by his Majesties Letter Pattent Dated at Newburn June the Twenty first One Thousand Seven Hundred and forty Six Containing Three Hundred acres lying and being in the County of Anson formerly called Bladen in the province afsd. on the North Side of Great Pee Dee as Viz. Beginning at a Hickory on Lake Island & Runs So. 160 po. then East 156 Po. then No. 8 Degrees Wt. 420 pole to Little River then So. 42Degrees Wt. 145 poles to Great Pee Dee then Down the River to the first Station Which may fully appear by the patent aforsd. To have and to hold the Sd. hereby bargained Lands & premises and every part and parcel thereof unto the said Richard Touchstone his heirs and assigns and to him and their only proper use and behoof forever and the said John Francis for himself his heirs Exors. and Admrs. Doth hereby Covenant and grant to and with the said Richard Touchstone his heirs and assigns that he the said Richard Touchstone his heirs and Assigns Shall and will at all times hereafter have Hold and Enjoy the Sd. hereby bargained premises with the appurtenances free and clear of all former or other Gifts Grants bargains Sales Dowers Judgments Exors. or other Incumbrances Whatsoever the Quit-rents becoming due to his Majesty his heirs and Successors only Excepted and further that he the said John Francis and his heirs and all and Every other person and persons and his and their heirs having or Claiming in the Sd. premises above mentioned or any part thereof by from or under him (Except as before Excepted) Shall and will from time to time and at all times hereafter upon the Reasonable Request and at the Costs and Charges of the said Richard Touchstone his heirs or Assigns make do and Execute all and every such further and other Lawfull and Reasonable Act or Acts thing and Things Conveyance and Conveyances in the Law for the further better and more perfect granting Conveying and assuring of all and singular the said premises above mentioned with the appurtenances unto the said Richard Touchstone his heirs and assigns and to his & their only proper use and behoof forever according to the true Intent and Meaning of these presents as by the Sd. Richard Touchstone his heirs or assigns or his or their Councel Learned in the Law Shall be Reasonably Advised or Required and Ann Francis Wife of the said John Francis hereby doth join her said Husband in the Bargain and Sale of in and to the hereby granted premisses and by these presents Doth Bare herself of all Dower and of all other pretentions thereunto of in and to the said hereby granted premises and every part thereof IN WITTNESS whereof the said John Francis and Ann his wife to this presents Indenture has Interchangeably put to their hands and afixed their Seals the Day and year first above written.
Signed Sealed and Delivered John Francis (SEAL)
In the presence of us her
Antho. Hutchins Maryan X Francis (SEAL)
M. Brown mark
Wm. Downs
FRANCIS MACKILWAIN TO JOHN LEETH
NORTH CAROLINA ANSON COUNTY
THIS INDENTURE made between Francis Mackewain of the province and County aforsd. Surveyor of the one part and John Leeth of the Same place planter of the other part WITTNESSETH that the said Francis Mackelwain for and in the Consideration of the Sum of Thirty pounds Virginia Currency to him in hand paid by the said John Leeth the Receipt whereof the Sd. Francis Mackelwain Doth hereby acknowledge and Confess that he the said Frs. Mackelwain hath granted bargained Sold aliened and Confirmed and by these presents Doth freely fully and absolutely grant bargain Sell Alien and Confirm unto the said John Leeth and to his heirs and assigns forever Two hundred acres of Land being the whole tract formerly granted to the said Francis Mackelwain by his Majesties Letter Pattent Baring Date the 11th of April in the year of our Lord One Thousand Seven Hundred & forty nine & from the Said Francis to Samuel French & from said Samuel French to said Francis Mackilwane by Deed of Conveyance bearing Date January the Seventeenth 1750/1 Lying in Anson County & on the So. Side of P. D. River & on both Sides Ceder Creek beginning at a white Oak Running So. 30 Et. 160 pole to a Stake then So. 55 W. 200 poles to a Stake then No. 30 Wt. 160 Po. to a Stake on the River then Down the Various Coursea to the first Station with all houses Edifices Building pastures paths Water and amunements Whatsoever to the said Land belonging or appurtaining and all the Estate Right Title and Interest Whatsoever as will in Equity as in Law of him the said Frs. Mackilwean of in & to all & Singular the premises and every part and parcel thereof the Sd. John Leech [sic] his heirs or assigns paying to his Majesty and his Successors the Yearly Quit-rents at four Shillings proc. Money Pr. Hundred as in the foresd. paten is mentioned to have and to hold the Sd. Plantation or Tract of Land and all and Singular the premises above mentioned unto the Sd. John Leeth his heirs and assigns to to the only proper use and behoof of the said John Leeth his heirs & Assigns forever & the said Francis Mackilwean his heirs Exors. & Admrs. doth Covenant & Grant unto the said John Leeth his heirs and assigns that he the said Francis Mackilwane now his true and Lawfull owner of the Sd. Tract or parcel of Land & the premises and Every part and parcel thereof without any manner of Condition mortagage or other matter case or other thing to alter or change the Same and that the Sd. Francis Mackilwean hath now full authority to grant bargain and Sell the Sd. Tract of Land and all and Singular the appurtenances above mentioned unto the Sd. John Leeth
his heirs and assigns forever unto his & their on proper use & behoof forever according to the true intent & meaning of these presents and also that the Sd. John Leeth his heirs and assigns Shall and may at all times hereafter peaceably and Quietly have hold use occupy possess & Enjoy all & Singular of the above mentioned Land & primises without any Trouble Molestation or Interruption of him Ye Sd. Francis Mackilwane his heirs or assigns & from all other persons whatsoever Lawfully Claiming the same and freed and indemnified Discharged and kept harmless of and from all former bargains Sales Gifts Grants Leases Mortages Joynters Dowers & from Rents or Rears of Rents and from all other Charges or Incumbrances whatsoever done or Commited by him & said Francis Mackilwean or any other person or persons whatsoever & further that the said Francis Mackilwean his heirs & assigns & all & every of them and all & every other person or persons & his and their heirs anything having or Claiming the above mentioned premises or any part thereof from or under him Shall and will from tine to time & at all times hereafter upon the Reasonable Request & at Cost & Charges of the Sd. John Leeth his heirs Etc. Shall make do & Execute or cause to be made done & Executed all & every such further & Lawfull Act or Acts Device or Devices Conveyance and Conveyances in Law Whatsoever for the further better & more perfect granting Conveying & Securing of all and Singular the above mentioned premises unto the said John Leeth his heirs & Assigns as his or their Counsel Learned in the Law Shall Reasonably Demand or Require in WITTNESS wherof the said Francis Mackilwean hath here unto Set his hand & Seal this fifth Day of September 1759 [sic; 1753 per the 1758 Hutchins-to-Pickett deed] Enterlined before before signing between the tenth and Eleventh line in the first Side the words the 11th of April & the words Lawfully Claiming the Same) between the Thirty Sixth and Thirty Seventh Line from the Top.
Sealed and Delivered in Presence of Francis Mackilwean (SEAL)
Antho. Hutchins
M. Brown
HENERY DOWNS TO RICHARD DOWNS
THIS INDENTURE made the Eighth Day of August in the year of our Lord One Thousand Seven hundred and fifty Three Between Henery Downs of Anson County and province of North Carolina Planter of the one part and Richard Downs of the County and province aforesd. Planter of the other part WITTNESSETH that the Sd. Henery Downs for and in Consideration of the Sum of Twenty pounds Virginia money to him in hand paid by Sd. Richard Downs before the Ensealing and Delivery of these presents the Receipt whereof he doth hereby acknowledge Exonerate and Discharge the Sd. Richard Downs his heirs Execors. & Administrators by these presents hath given granted bargained Sole Aliened Enfeoffed Conveyed and Confirmed and by these presents doth give grant Bargain Sell Alien Enfeeof Convey and Confirm unto Ye Sd. Richard Downs a certain parcel or Tract of Land Lying in the Sd. County of Anson it being part of a Tract of five hundred acres granted to Robert Mills by his Majesty Letter Pattent Baring Date 22 Day of November 1746 and Conveyed from him the said Robert Mills to his Son Nathan Mills and by Sd. Nathan Acknowledged by Deed to Henery Downs as will more fully appear having Recorse to the Records of Anson County Court Beginning at a large White Oak on the west side of Little River and on the River Bank thence Crossing Little River and Running with the Patton Line which Runs North Seventy East to the Corner thence with the Patton Line that Runs North 2 degrees till it comes to Parke's Line and then a Straight course to the Bufalo Lick run thence down the several courses to the River then Down the River to the Beginning Station to Contain one hundred acres be the same more or less together also with all and Singular the Building improvements ways woods waters and water courses Rights Liberties Hereditaments & appurtenances whatsoever there unto belonging the one half of all gold and Silver mines Excepted and the Reversion and Reversions Remainder and Remainders Rents Issues and profits thereof and all the Right Title Interest property Claim and Demand whatsoever of him the Sd. Henery Downs of in or to the hereby granted premises in as full and ample manner as the same was Conveyed and Confirmed to him and his heirs to have and to hold the Described and bargained one hundred acres of Land Hereditaments and premises hereby granted or mentioned to be granted with their appurtenances and every part and parcel thereof unto the Sd. Richard Downs his heirs to the only use and Benefit and Behoof of him the Sd. Richard Downs his heirs and assigns forever and that free and clear of all manner of Incumbrances Whatsoever the Quit-rents hereafter arising only Excepted and the Sd. Henery Downs for himself his heirs Executors & Administrators doth Covenant promise grant to and with the said Richd. Downs his heirs and assigns by these presenrs that he the Sd. Henery Downs and his heirs the the hereby granted premises and every part and parcel thereof with their appurtenances to the Sd. Richard Down his heirs and assigns against him the Sd. Henery Downs and his heirs and against all manner of person or persons whatsoever Lawfully Claiming or to Claim Shall and will Warrant and forever Defend and by these presents and further that he the said Henery Downs and his heirs and all and every person or persons having or Lawfully Claiming any Estate Right Title or Interest of in or to the Said Bargained premises or any part thereof from or under him them or any of them the Reasonable Request and Charges in the Law of the said Richard Downs his heirs and assigns Shall and will sign Seal and Deliver any such further and other Instrument or Instruments of Writings whatsoever for the further and better Assurance and Confirmation of the hereby granted premises with their appurtenances unto the Sd. Richard Downs his heirs and Assigns as by him or them or by his or their Council Learned in the Law Shall or may be Reasonably Advised Devised or Required IN WITTNESS whereof the Sd. Henery Downs hath here unto Set his hand and Seal the Day and Year first above written.
Signed Sealed and Delivered in the presence of
John X Stone Benj. X Vines. Hen. Downs (SEAL)
mark mark
Note (unverified): John Leeth, the buyer here, is possibly the source of the “Leath” later used as a Fortenberry given name (James Leath Fortenberry). He was a neighbor and associate of Henry Falkenburg, but a family connection is not yet confirmed.