Anthony Hutchins, as executor of John Leeth’s estate, sells 200 acres to James Pickett Jr. for 20 pounds and 15 shillings.
Patented to Francis Mackelwean to Samuel French to Francis Mackelwean to John Leeth. In Anson Co. on the south side of the Pee Dee River on both sides of Cedar Creek beginning at a white oak.
Witnesses – John Collson, Benj. Rennolds
Synopsis
Deed dated 28 October 1758 (typed transcript, deed book pages 248-249, entry no. 112). Anthony Hutchins, executor of the will of John Leeth (typed "Seeth" in two places), late of Anson County and deceased, sold 200 acres at auction to the highest bidder, James Pickett Jr., for £20 15s proclamation money. The sale was to pay John Leeth's debts because his personal estate was not enough to cover them. The land lies on the south side of the Great Pee Dee River, on both sides of Cedar Creek. The deed recites the chain of title: patented to Francis Mackelwean on 11 April 1749, conveyed by him to Samuel French, reconveyed by French to Mackelwean by deed of 17 January 1750, and conveyed by Mackelwean to John Leeth by deed dated 5 September 1753. That date confirms that the "1759" on the Mackilwain to John Leeth deed is a transcription error for 1753. It also proves that John Leeth died before 28 October 1758 and left a will naming Anthony Hutchins as executor.
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.
112 ANTHONY HUTCHINS TO JAMES PICLETT [sic]
THIS INDENTURE made this 28th day of Oct. in the year of our Lord 1758 Between Anthony Hutchins of Anson County in the province of North Carolina Executor of the last will & testament of John Seeth [sic, Leeth] late of sd. County decd. of the one part & James Pickett Jr. of the one part WITNESSETH that in order to discharge the debts due from the sd. John Seeth [sic] Decd. & the personal estate not being sufficient thereof the following piece or parcel of land hereafter described was set on by set executor & sold at auction to the sd James Pickett Jr. he being the highest bidder the sd. land was struck off to him the sd. James. Pickett at twenty pounds & fifteen shillings proc. money & that the sd. sum of twenty pounds & fifteen shillings in hand paid by the sd. James Pickett Jr. to the sd. Anthony Hutchins aforesd. Exers. before the sealing & delivery hereof the recpt. whereof the sd. Anthony Hutchins doth hereby acknowledge and himself to be therewith fully paid & satisfied hath granted bargained sold aliened & confirmed & by these presents doth grant bargain sell alien & confirm unto the sd. James Pickett Jr. all & singular that piece or parcel of land containing two hundred acres lying & being in the County of Anson& province aforesaid on the South side of Great Pee Dee River & both sides of Cedar Creek Beginning at a white oak running So. 30 E. 160 poles to a stake then So. 55 Wt. 200 poles to a stake then No. 30 Wt. 160 poles to a stake on the river bank then down its various courses to the first station agreeable to his majestys letter pattent bearing date the 11th day of April 1749 granted to Francis Mackelwean & was conveyed by sd. Saml. French to sd. Francis Macklewean by deed dated 17th Jany. 1750 and was conveyed by the sd. Francis by deed dated Sept 5th 1753 to the aforesd. John Leeth decd. etc. TO HAVE & TO HOLD the aforesd. land & premises & every part & parcel thereof unto the James Pickett Jr. all & singular that piece or parcel of land containing two hundred acres lying & being in the County of Anson & province aforesaid on the South side of Great Pee Dee River & both sides of Cedar Creek beginning at a white oak running So. 30 E. 160 poles to a stake then So. 55 Wt. 200 poles to a stake then No. 30 Wt. 160 poles to a stake on the river bank then down its various courses to the first station agreeable to his majestys letter pattent bearing date the 11th day of April 1749 Granted to Francis Mackelweam & was conveyed by sd/ Francis by deed to Samuel French & reconveyed by sd. Saml. French to sd. Francis Mackelwean by deed dated 17th Jany. 1750 & was conveyed by sd. Francis by deed dates Sept. 5th 1753 to the aforesd. John Leeth decd. etc. TO HAVE & TO HOLD the aforesaid land & premises & every part & parcel thereof unto the James Pickett Jr. his heirs & assigns & to his & their only proper use & behoof forever Anthony Hutchins Exers. as aforesd. do hereby covenant & grant to & with the sd. James Pickens [sic] Jr. his heirs & assigns & that he the sd. James Pickett Jr. his heirs & assighs shall & may at all times hereafter have hold & enjoy the aforesaid premises with the appurtenances free & clear of all otherformer or other gifts grants bargains deeds dowers judgments executions or other incumbrances whatsoever the one half of all gold & silver mines & the quintrants now due & hereafter becoming due to his majestys his heirs & successors only excepted and further that the sd. Anthony Hutchins Exers. as aforesaid whereopon the sd. reasonable request & at the cost & charges of the sd. James Pickett Jr. his heirs or assigns shall do make & execute all & singular & every such further & lawful & reason-
-able act & acts thing & things conveyance & conveyances in the law for the further better & more perfect granting conveying & assuring of all & singular the premises above said with the appurtenances unto the sd. James Pickett Jr. his heirs & assigns & to his & their only proper use & behoof forever according to the true intent & meaning of these presents as by the sd. James Pickett Jr. his heirs or assigns or his or their council learned in the law shall be reasonably advised or required IN WITNESS WHEREOF the sd. Anthony Hutchins Exers. or as aforesaid hath hereunto set his hand & seal the day & year first above written. Sealed & delivered in presence of
Antho. Hutchins (SEAL)
John Collson
Benj. Rennolds
Note (unverified): John Leeth died by 1758. He is possibly the source of the later Fortenberry middle name “Leath,” for example if a Falkenburg married into his family, but this is not yet confirmed.