Andrew Falkenberry sells 150 acres to Thos. Dixon for 35 pounds proclamation money.
SPD beginning at a red oak north side of Jones Creek.
Witnesses- John Hornbeck, Isaac Falkenberry
Synopsis
Deed dated 26 February 1761 (typed transcript, deed book pages 4-5, entry no. 5). Andrew Falkenberry of Anson County sells to Thomas Dixon (also typed Dickson and Dickon), for £35 proclamation money, a plantation of about 150 acres. It lies on the south side of the Great Pee Dee River and begins at a red oak on the north side of Jones Creek. The witnesses were John Hornback and Isaac Falkenberry, who signed by his mark. This is one of the few records that place Andrew and Isaac together. Andrew was possibly a son of Henry or a brother of Isaac and Jacob, which is not yet confirmed. The top of page 4 holds the end of an earlier deed, John Frohock to Hugh McClain (witnesses Thomas Frohock and John Price). That deed is not Fortenberry-related, and only its closing portion appears in this image.
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.
[End of entry 4, John Frohock to Hugh McClain:]
and to hold the hereby Granted premises and every part and parcel thereof with the appurtinances unto the said Hugh McClain his heirs and Exetrs. admrs. or assigns to his and their only proper use & Behoof and the said John Frohock for himself his heirs Exetrs. admrs. or assigns that he the said Hugh McClain his heirs & assigns shall and may at all times hereafter have hold & enjoy the said hereby granted land and premises with every of the appurtenances free and Clear of all former & other gifts grants Bargains sales or other incumberances whatsoever the quitrents becoming due to his Majesties his heirs & Successors only Excepted and further that the said John Frohock his heirs & every other person or persons whatsoever any thing haveing or claiming in the premises above mentioned will warrant and forever defend by these presents and for the further and Better assurance and conveying in the above mentioned premises the sd. John Frohock shall at any time or times hereafter upon the reasonable request and charge of him the said Hugh McClain shall make and execute and any further Instrument or Instruments in writing as the said Hugh Mc Clain his heirs and assigns or other councel learned in the law shall reasonbly deadvised devised or required In Witness whereof the said John Frohock hath hereunto Set his hand & Seal & affixt. his seal the day and year above written Sealed and delivered in presents of
Thomas Frohock
John Price John Frohock (Seal)
5 ANDREW FALKENBERRY TO THOS DIXON
THIS INDENTURE Made this 26th day of February in the year of our Lord Christ 1761 Between Andrew Falkenberry of the County of Anson in the province of North Carolina of the one part and Thos. Dixon of the same place of the other part Witnesseth that the said Andrew Falkenberry for and in Consideration of the sum of thirty five Pounds proclemation money to him in hand paid by the said Thomas Dickson before the ensealing and delivery hereof the receipt whereof he doth hereby acknowledge and himself to be therewith fully satisfied Contented satisfied and paid hath granted Bargained Allened enfeoffed Conveyed and confirmed and by these presents doth freely and absolutely grant Bargain sell allein enfeoff convey & confirm unto the said Thos. Dickson all that plantation or parcel of land situate lying and Being in the County aforesaid on the South side of Great Pee Dee river Begining at a Red oak on the No. side of Jones creek and on the point of a Hill near said Creek and from thence No. 10 W. 200 poles to a Black oak then No. 70 W. 135 poles to a white oak then So. 15 E. 250 poles to a pine then due E. to the Beginning Containing by Estimation one hundred and fifty acres be the same more or less together with all houses and out houses Buildings ways waters & water Courses woods under woods profits priviledges & advantages Emoliments Hereditaments and appurtenances whatsoever to the same Belonging or in any wise appertaining to have and to hold the said tract or parcel of land and all and Singular the premises hereby grant sold or meant to be Bargained for and sold with their appurtenances
to the said Thomas Dixon his heirs and assigns to the only proper use benefit use and Behoof of him the said Thomas Dixon his heirs and assigns forever and the said Andrew Falkenberry for himself his heirs Extrs. admrs. doth covenant promise & agree to and with the said Thomas Dixon his heirs and assigns that he the said Andrew Falkenberry Before the Ensealing and delivery hereof is the true sole and lawfull owner of the said hereby Bargained lands and premises and now lawfully and rightfully possessed of the same in fee simple and hath lawfully rite and absolute authority to sell and dispose thereof and that he the said Thomas Dixon his heirs and assigns shall and may from time to time & at all times forever hereafter peaceably and quietly by virtue of these presents have hold use Occupy possess and enjoy the said hereby granted premises & that free & Clear & freely & Clearly acquit and discharge of & from all manner of Incumberances & the said Falkenberry the hereby granted land & premises & every part and percel thereof against him the A Falkenberry his heirs & against the claim or demand of all and every other person or persons whatsoever to the sd. Thos. Dickon his heirs & assigns forever shall & will warrant & defend by these presents In witness whereof I the sd. A Falkenberry have to these presents set my hand & seal the day & year first above Written Sealed and delivered in presents of us
John Hornback
Isaac (his X mark) Falkenberry Andrew Falkenberry (Seal)