Henry Talley sells 197 acres to Isaac Falconburg for 60 pounds proclamation money.
SWPD east of Jones Creek beginning at a white oak.
Witnesses- Geo. Wilson, John Downer
Synopsis
Deed dated 23 January 1769, registered in the "April to July Term 1769" section (typed transcript, deed book pages 360-361). Henry Talley of Anson County, planter, sells to Isaac Falconburgh, for £60 proclamation money, 197 acres on the southwest side of the Pee Dee River. The tract begins at a white oak on the east side of the Long Branch of Jones's Creek. It was part of land laid out for James McNish Senr. by patent of 5 December, "34 year," 1760, then passed James Liles > William Weatherford > Solomon Townsen > Henry Talley (deed of 5 December 1760). Several of these dates are left blank in the record. The sealing clause names "Henry Talley and Ann his wife," but Ann's signature line is blank. Henry signed by mark ("H"). Geo. Wilson and John Downer (by mark) witnessed, and Wilson proved it at the April Term 1769 (Saml. Spencer, Cl. C.). This deed shows that Isaac was buying land on Jones Creek in 1769. A year earlier, in February 1768, he and Mary had sold their 150 acres to Nicholas White. Isaac's wife was named Mary in 1768. She was possibly Mary Giles (see the family notes), which is 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.
CONVEYANCES REGISTERED.
FROM HENRY TALLEY-TO-ISAAC FALCONBURG.
THIS INDENTURE made this Twenty third day of January in the year of our Lord one thousand seven hundred and sixty nine Between Henry Talley of the County of Anson and in the province of North Carolina Planter of the one part and Isaac Falconburgh of the County and province aforesaid of the other part Witnesseth that the said Henry Talley for and in consideration of the sum of sixty pounds proclamation money to him in hand paid by the said Isaac Falconburgh before the ensealing and delivery hereof the Receipt whereof he doth hereby acknowledge and himself to be therewith fully satisfied contented and paid hath given granted bargained sold aliened enfeoffed conveyed and confirmed and by these presents doth fully and absolutely grant bargain sell alien enfeoff convey and confirm unto the said Isaac Falconburgh a tract of land containing one hundred and ninty seven acres lying and being in the County of Anson in the province of North Carolina on the South West side of Peedee River Begining at a white oak on the East side of the long Branch of Jones's Creek and thence No 10 Et 200 poles up to a pine then No 80 Wt 160 poles crossing the sd branch to a read oak then So 10 Wt poles to a pine then to a white oak then to a red oak in the last line crossing the said branch to the first station containing one hund and ninety seven acres be the same more or less it being part of a tract of land laid out for James McNish Senr. by his Majesties Letter Patent bearing date the fifth day of December 34 year Anno Dom 1760 and conveyed by Deed to James Liles bearing date the day of [blank] and then conveyed from the sd Liles to William Weatherford by Deed bearing date the [blank] day of [blank] and then conveyed from the said Weatherford by Deed bearing date the [blank] day of [blank] & then to Solomon Townsen and then conveyed by the sd Townsen to Henry Talley by Deed bearing date the 5th day of December 1760 together with houses out houses edifices buildings ways waters water courses woods underwoods profits privileges and appurtenances whatsoever to the same belonging or in anywise appurtaining. TO HAVE AND TO HOLD the said one hundred and ninty seven acres more or less and all and singular the premises hereby sold or ment. or intended to be bargained for and sold with their appurtenances to the sd Isaac Falconburgh to his heirs and assigns to the only proper use benefit and behoof of him the said Isaac Falconburgh his heirs and assigns forever and the said Henry Talley doth for himself his heirs Exrs. do covenant promise and agree to and with the sd Isaac Falconburgh his heirs and assigns that he the said Henry Talley before the ensealing and delivery hereof is the true sole and lawfull owner of the sd hereby bargained land and premises and now lawfully and rightfully seized and possessed of the same in fee simple and hath good right and lawfull authority to sell and dispose hereof and that he the said Isaac Falconburgh his heirs and assigns shall and may from time to time and at any time forever hereafter peaceably and quietly by virtue of these presents have hold use occupy possess and enjoy the sd hereby granted lands & premises and that free and clear and freely and clearly acquited and discharged of and from all manner of incumbrances whatsoever and the sd Henry Talley for himself his heirs Exrs. and Admrs. the sd hereby granted land and premises and every part and parcel thereof against him the sd Henry Talley and his heirs and against the claim and demands of all and every other person or persons
FROM APRIL TO JULY TERM 1769.
whatsoever to the sd Isaac Falconburgh his heirs and assigns shall and will warrant and forever defend by these presents. IN WITNESS WHEREOF the said Henry Talley and Ann his wife hath hereunto set their hands and affixed their seals the day and year first above written.
Sign'd Seal'd and Delivered His
in the presents of Henry H Talley (SEAL)
Geo. Wilson Mark
His (SEAL)
John X Downer
Mark
North Carolina April Term 1769.
Anson County.
The within Deed was proved in open Court by the oath of George Wilson and entered of record in due form of Law. Ordered that the same be registered.
Teste. Saml. Spencer Cl. C.