Henry Forternberry sells 150 acres to Thomas Wade for 50 proclamation money of North Carolina.
SPD on the NE side of Jones Creek 6 miles above the mouth of the creek.
Witnesses – John Wright, Henry Minish
Synopsis
Deed dated 2 July 1770 (typed transcript, deed book pages 302-303, entry no. 219). Henery Fortenberry of Anson County, NC, planter, sells to Thomas Wade of Craven County, South Carolina, for "fifty" (pounds) proclamation money of North Carolina, 150 acres on the south side of the Great Pee Dee. The tract begins on the northeast side of Jones Creek, about six miles above the creek's mouth, at two white oaks. This is the earliest deed in the collection so far that spells the name "Fortenberry." Henry signed his name. John Wright and Henry Minish (by mark) witnessed, and Wright proved it at the July 1770 Inferior Court (Samuel Spencer, clerk). The top of page 302 shows the end of a preceding deed proved in April 1770 by Walter Gibson. Henry Sr. was elderly by 1759, so this 1770 Henry was possibly Henry Jr., which is not yet confirmed. The family's land on Jones Creek also appears in deeds of Andrew, Isaac, and Hornback/Bruce (1761-1769).
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.
[Top of page: the end of a preceding deed:] Note the within word under was interlined before the signing of the presents North Carolina Anson County Session April Term 1770. The within deed was proved in open court by the oath of Walter Gibson one of the subscribing witnesses and entered of record in due form of law ordered the same be registered
TEST Saml. Spencer C.C.C.
219 HENRY FORTENBERRY TO THOMAS WADE
THIS INDENTURE Made this the second day of July in the year of our Lord one thousand seven hundred and seventy between Henery Fortenberry of the County of Anson and in the Province of North Carolina Planter of the one part and Thomas Wade of Craven County in South Carolina of the other part WITNESSETH that for and in consideration of the sum of fifty Proclamation money of North Carolina to sd Fortenberry in hand paid by the sd Thomas Wade at and before the sealing and delivery of these presents the receipt whereof is hereby acknowledged hath granted bargained sold aliened enfeoffed conveyed and confirmed unto the sd Thomas Wade his heirs and assigns every and all that messuage tenement plantation tract or parcel of land situate lying and being in the County of Anson and South side of Great Pee Dee beginning on the No. Et side of Jones Creek about six miles above the mouth of sd Creek at two white oaks and runs No.34° Wt.160 poles to a hickory and pine then So.56° Wt.160 poles to a white oak then South 34° Et.150 poles to a pine thence to the first station containing 150 acres of land situate lying & being as aforesd with their and every of their rights numbers and appurtenances whatsoever and the reversion & reversions remainder & remainders of all and singular the sd lands and tenements hereditaments and premises hereby granted or intended to be granted every part and parcel of them incident belonging or appurtaining and all the estate & estates rights titles claims interest demand whatsoever of him the sd Henry Fortenberry unto or out of the sd lands tenements hereditaments and premises whatsoever hereby granted or mentioned to be granted or orany [sic, or any] of them or any part or parcel thereof TO HAVE AND TO HOLD the sd lands tenements hereditaments and premises hereby granted with their appurtenances to the sd Thomas Wade his heirs and assigns to only proper use and behoof of the sd Thomas Wade his heirs and assigns forever and the sd Henry Fortenberry for himself his heirs executors and admrs. shall and will at all times warrant & forever defend the sd premises to the sd Thomas Wade his heirs and assigns against all lawful claims or demands whatsoever whereby the above granted premises might or may be effected or incumbered contrary to the true intent and meaning of these presents in witness whereof the sd Henry Fortenberry has set his hand and seal the day and year first above written
Signed sealed and delivered in presence of us
John Wright Henry Fortenberry SEAL
Henry x Minish
North Carolina Anson County Session Inferior Court July Term 1770
The within deed was proved in open court by the oath of John Wright one of the subscribing witnesses and entered of record in due form of law ordered the same be registered.
TEST Saml. Spencer CLERK