Benjamin Martin to sells 150 acres to William Moody for 50 pounds proclamation money.
NPD beginning at a live oak.
Witnesses- Christopher Hunt, John Long, John Cundall
Synopsis
Deed dated 9 August 1762 (typed transcript, deed book pages 37-38, entry no. 34). Benjamin Martin of Anson County sells to William Moody, for £50 proclamation money, 150 acres on the north side of the Pee Dee River. The tract begins at a live oak. Its chain of title starts with Jacob Falkenbery, who received it by patent dated 2 March 1754 and conveyed it to James McElroy by deed of 27 April 1757. McElroy conveyed it to Benj. Martin on 10 June 1758. That makes this deed evidence of an otherwise unrecorded 1754 patent to Jacob. The 1757 conveyance to McElroy was actually made by Isaac, who had bought the tract from Jacob on 20 December 1756 and sold it to "James Muckleroy" on 27 January 1757 (see those posts). The Martin deed skips Isaac's step. The seller's name is typed Martin, Benson Martin, Morton, and Mortin. The witnesses were Christopher Hunt, John Long, and John Cundall. Page 38 also contains Jacob Paull to Hezekiah White (1763), which is transcribed in full on that deed's own post. Benjamin Martin witnessed Henry's 1759 gift to his grandson Jacob and Henry's 1760 deed to Jacob, so he was possibly a close neighbor or family associate (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.
34 BENJAMIN MARTIN TO WILLIAM MOODY
THIS INDENTURE made this 9th day of August in the year of our Lord 1762 Between Benjamin Martin of Anson County in the province of North Carolina of the one part and William Moody of the County and province afsaid of the other part witnesseth that the said Benson [sic] Martin for & in consideration of the sum of Fifty pounds prock money to hin hand paid paid the Rect. whereof is hereby acknowledged hath Bargained sold alliened enfeoffed conveyd. & Confirmed unto the said William Moody his heirs and assigns forever all that tract of land Situate in the County & province afsd. lying on the No. side of Pee Dee River granted to Jacob Falkenbery by his majesties patent bearing the 2nd day of Mar. 1754 then conveyd. by him to James McElroy by deed dated 27th day April 1757 as pr. deed appears & then conveyd from Jas. McElroy by deed dated the 10th June1758 to Benj. Martin Beginning at a live oak & runs No. 55 E. 45 poles to a hickory then No. 25 Wt. 100 poles to a pine then No. 36 W.178 poles to a red oak on the river then So. 25 W. 160 poles to the River a red oak then Ste [sic] still along side the river to the first Station Containing 150 acres of Land & the Reversions & Reversions Remainder Rents Isues and profits & also all the Estate right title interest property claim and demand of Benjn. Martin of in and to the same and all deeds Evidences touching or in any wise Concerning the same to have and to hold the sd. 150 acres of land and premises afsd. with their & every of their appurtenances unto the said William Moody his heirs and assigns forever to the proper use and Behoof of him the said Moody his heirs & assigns forever & the sd. Benjn. Martin for himself his heirs Exetrs. admrs. do covenant & grant to & with the sd. William Moody his heirs and assigns that he the said William Moody his heirs & assigns shall are truly & Lawfully possesd. of the sd. 150 acres of land & premises afsd. are truly and lawfully seizd. of a good absolute and indefeasible estate of inheritance in fee simple with out any manner of condition trust or limitation whatsoever to alter change charge or incumber and free & Clear & freely & Clearly Exonerated & Discharged of & from all other sales Mortgages or incumberances whatsoever the quitrents a only excepted & that the said Benjn. Morton now have full Power & lawfull authority to grant & sell the same unto the said William Moody his heirs hises &C according to the true intent & Meaning of these presents the sd. Benj Morton his heirs and assigns do covenant and agree to & with the said William Moody his heirs & assigns that he the said William Moody his heirs and assigns shall & May from time to time & at all tims hereafter peacably & quietly have hold use occupy & Enjoy the said one hundred & fifty acres of Land hereby granted & [Enjoy the, struck through] Every its without the let hindrance or Molistation of or from Benj. Morton his heirs and assigns & of & from every other persons whatsoever claiming by from or under him them or any of them & Lastly that the sd. Benjm. Mortin his heirs & assigns the sd. 150 acres of Land & premises hereby Bargained & Sold unto the sd. Wm. Moody his heirs and assigns against all persons whatsoever Shall & will warrant & forever defend By these presents In witness whereof the sd. Benj. Mortin hath hereunto Set his hand & Seal the day & year
above Written Seald & Delivered in presents of us
Christopher Hunt
John Long
John Cundall Benjm. Martin (Seal)
[Below: 35 JACOB PAULL TO HEZEKIAH WHITE, 15 June 1763. Transcribed in full on the post "1763 June 15 Jacob Paul to Hezekiah White".]