Amanuensis Monday~1822 Land Deed~Sheriff’s Sale to Martin Dry

 
Amanuensis Monday is a genealogy blogging theme. It was started by John Newmark who writes the TransylvanianDutch blog.
His definition of Amanuensis is:
Amanuensis: A person employed to write what another dictates or to copy what has been written by another.

Today’s subject is a 1822 Land Deed~Sheriff’s Sale to Martin Dry.

I have found land deeds in some unusual places but this land deed was from a most unusual place-the Revolutionary Pension File of Martin Penniger, S-14951.



Transcription:

[This] Indenture made the 22^nd day of Oct. in the year of our Lord one thousand eight hundred and twenty two between John McLellan Esqr. High Shrff of the county of Cabarrus & State of N. Carolina of the one part – Whereas by virtue of an Execution Issuing from the county court of pleas & quarter Sefsions against Martin Peninger for the sum of Sixty dollars which Sd. Sum was recovered by Michael Brown against Martin Peninger of Sd county xxxxxxxxxx as on ?? may appear & whereas the Sd Execution was directed & delivered unto the Sd. J. McLellan Esq. High Sh’ff as aforesd commanding him that of the goods & chattles lands & tenements of Martin Peninger he should cause to be made the aforesd sum of $60 to satisfy Sd. Execution with costs thereon & the Sd J. McLellan Sh’ff as aforesd in pursuance & by virtue of his office & the aforesd Execution did seize & take into his hands & pofsefsion (No goods nor chattles to be found) a certain piece or parcel of land situate in Sd. County of Cabarrus Bounded as follows—Beginning at a P. O. at the edge of the old field of Wm. McGraves runs thence N. 48 W. 53 po to persimmons now a stake near the branch then S. 19 W 72 po to a P. O. then S. 40 W 33 2/2 po to a Hickory then N. 61 W. 58 po to a corner of the old tract & the division line N 28 E. 60 po to a Chery tree then N 5 E. 18 po to a walnut then N. 40 E. 32 po to a Sassafras then N. 15 W 144 po to a W. O. the dividing corner on the old line thence S. 72 E. 18 po to a R. O. then S. 16 ½ E. 192 po to a Hickory now a stake from thence to the beginning containing 95 acres --- And the Sd John McLellan Sh’ff as aforesd did after due advertisement according to law did cause the Sd. Piece or parcel of land with all the appurtenances thereunto belonging to be put up at public sale to the highest bidder on the 22^nd day of Oct. AD 1822 at which time & place the aforesd (pg 2) Martin Dry became the last & highest bidder at the sum of Sixty dollars for the Sd. Lands with the appurtenances thereunto belonging.
This indenture therefore witnefseth that the Sd. J. McLellan Sh’ff as aforesd of Cabarrus county for & in consideration of the Sd Sixty dollars to him in hand paid by the Sd. M. Dry before the sealing & signing of these presents the rect whereof is hereby ack’d- he the Sd. J. McLellan Sh’ff doth hereby bargin Sell alien Empeoff convey & confirm unto the Sd Martin Dry his heirs Exc. Adms & afsigns forever all the aforesd rights, title claim or demand of or on the aforesd land with all the hereditaments or Emoluments belonging to the same or in any wise appertaining to hold to him the Sd. M. Dry his Heirs Exe. Adm. Or afsigns forever in as full & as ample a manner as he the Sd. Sh’ff is empowered to go by virtue of his office & no further the Sd. J. McLellan Sh’ff doth hereby covenant promise & grant to & with the Sd. M. Dry his heirs &c that he the Sd. M. Dry his Heirs Exc. Adms shall & may from time to time & at all times hereafter to hold occupy & pofsefs & enjoy the Sd. Premises with the appurtenances free & clear of all Incumbrance had or made by him the Sd. Sh’ff or by his order means or procurement & he the Sd John McLellan Sh’ff will warrant & defend the same to the Sd M. Dry so far as he is Empowered by virtue of his office & no further_____
In witnefs whereof the Sd John McLellan Sh’ff of Cabarrus county hath hereunto set his hand & affixed his seal the day & year first above written .
Sealed & delivered} Peter Dry Lt.                               John McLellan Sr.{seal}
In the presence of}
State of North Carolina}
Cabarrus County) Oct. Sefs. 1824
I do hereby certify the within deed was duly proven in open court by the oath of Peter Dry recorded & ordered to be registered.
 
State of North Carolina}
Cabarrus County) Oct. 21st 1824
I certify that the within is a true copy.
                                                                                  J. Alexander Register
 
Martin Dry purchased this 95 acres of land, owned by Martin Penniger, at a Sheriff’s sale on 22 October 1822 for Sixty ($60.00) dollars. Martin Dry at the time of this purchase was 63 years of age; his son, Peter Dry, was 35 years of age. 
 
Martin Dry is my 4th Great Grandfather; Peter Dry is my 3rd Great Grand Uncle.  









 
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[1] Ancestry, "Revolutionary War Service Records" database, Military Service Records (http://www.fold3.com/:accessed 2 January 2017), entry for Martin Penninger, S-41951, Private; Revolutionary War; https://www.fold3.com/image/27197132.[Deed was found in the Revolutionary War file of Martin Penninger, S-41951 https://www.fold3.com/image/27197132 & https://www.fold3.com/image/27197135]