Henry Falkenbury sells 200 acres to Jacob Falkenbury for 60 pounds current money.
SPD Pleasant Hill beginning at a hickory.
Witnesses – Benjamin Martin, Nicholes Padway, Thomas Benerry
Synopsis
Deed dated 14 November 1760 (typed transcript, deed book pages 134-135, entry no. 70). Henry Falkenbury of Anson County, planter, sells to "Jacob Falkenbury son of Isaac Falkenbury," for £60 current money, 200 acres on the south side of the Great Pee Dee River at a place "formerly …… Hill" (blank in the transcript; probably Pleasant Hill, as in the post). The tract begins at a hickory. Its chain of title runs from a patent to John Fitzjarral dated 30 September 1748. Fitzjarral conveyed 100 acres to Hugh Wilson in June 1750. Fitzjarral and Wilson conveyed the tract to Isaac Falkenbury on 17 April 1751, and Isaac conveyed it to Henry on 25 April 1758. So the land went from father Isaac, to Henry, to Isaac's son Jacob. Henry signed by mark ("Henry X Falkenbury"), unlike the signatures of Henry Sr. in 1754 ("signed in Dutch") and in December 1759. This seller was therefore possibly Henry Jr., Isaac's brother and Jacob's uncle, which is not yet confirmed. Witnesses were Benjamin Martin, Nicholes Padway, and Thomas Benerry. Compare the 1782 deed in which Jacob sells a 200-acre Pleasant Hill tract beginning at a hickory to Samuel Spencer.
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.
70 HENRY FALKENBURY to JACOB FALKENBURY
THIS INDENTURE made this 14th Day of November in the year of 1760 Between Henry Falkenbury of Anson County and province of North Carolina planter of the one part and Jacob Falkenbury son of Isaac Falkenbury of the County and province aforesd of the other part. WITNESSTH that the said Henry Falkenbury for and in consideration of the sum of sixty pounds Current money of sd province in hand paid by the sd Jacob Falkenbury at or before the Ensealing and Delivery of these presents the receipt is hereby acknowledged hath bargained sold aliened Enfeoffed and confirmed and by these presents doth bargain sell alien enfeoff and confirm unto the sd Jcob Falkenbury his heirs and assigns forever all that tract of land lying and being in the County of Anson and province of North Carolina lying on the south side of Great Pee Dee River formerly …… Hill and bounded as followeth Beginning at a hickory Runs So. 60 Wt. 100 poles to a white oak then No. 54 Degrees Wt. 200 poles to a pine then No. 25 Et. 200 poles to an oak then with the Courses of the River to the first station being a certain parcel of land Containing Two Hundred acres Granted to John Fitzjarral by Letter Beating date the 30th day of September 1748 then conveyed from sd Fitzjarral 100 acres to Hugh Wilson by deed bearing date June in the year 1750 and then Conveyed by a Deed from John Fitzjarral and Hugh Wilson to Isaac Falkenbury bearing date the 17th day of April in the year of our Lord 1751 and then conveyed from Isaac Falkenbury unto Henry Falkenbury by deed bearing date the 25th of April 1758 and now conveyed from Henry Falkenbury to Jacob Falkenbury by Deed bearing date 4th day of November 1760 [sic, 14th] Containing two hundred acres and the reversion and reversions remainder and remainders rents issues and profits thereof and also all the estate right title Interest of the sd Henry Falkenbury of in and to the same and all deeds evidences and writings touching and concerning the same TO HAVE AND TO HOLD the sd 200 acres of land hereby granted and sold and all the premises with their [and every of their, interlined] appurtenances unto the Jacob Falkenbury his heirs and assigns to the proper use and behoof of the sd Jacob Falkenbury his heirs and assigns forever and the sd Henry Falkenbury and his heirs Exers. Admrs. doth covenant and grant to and with the sd Jacob Falkenbury his heirs and assigns that he the sd Henry Falkenbury is truly and lawfully possesses of the sd 200 acres of land and all other the premises hereby bargained & sold and truly and lawfully seized thereof of a good absolute and indefeaseable estate of inheritance in fee simple without any manner of condition trust or limitation whatever to alter change charge or incumber the same and free and clear and free and clearly exonerated and discharged of and from all other sales mortgages or incumbrances whatever (the quitrents due and accruing to his Majesty only excepted) and [that, interlined] the sd Henry Falkenbury hath full power and authority to grant bargain sell convey the sd 200 acres of land and premises unto the sd Jacob Falkenbury his heirs and assigns according to the true intent and meaning of these presents and the sd Henry Falkenbury his heirs and assigns do covenant and grant to and with the sd Jacob Falkenbury and his heirs and assigns shall and may from time to time and at all times hereafter peaceably and quietly have hold occupy and enjoy the sd 200 acres of land and premises hereby bargained and sold without any let hindrance or molestation of or from him the sd Henry Falkenbury his heirs or assigns & of
or from every other person or persons whatsoever claiming by from or under him them or any of them and lastly that the sd Henry Falkenbury his heirs the sd 200 acres of land and premises hereby bargained and sold unto the sd Jacob Falkenbury his heirs and assigns against all persons whatsoever shall and will warrant and forever by these presents Defend. In witness whereof the sd parties to these presents have hereunto interchangeably set their hands and affixed their seals the day and year first above written.
Sealed and delivered in the presence of
Benjamin Martin his
Nicholes Padway Henry X Falkenbury (Seal)
Thomas Benerry mark