Sunday, March 17, 2019

Cabarrus County Land Deed Between Brothers~Tobias A. Dry to John C. Dry



In April 1858, Tobias A. Dry, son of Solomon Dry and Esther Melchor, sold to his Brother John Dry his share of land inherited from his father Solomon Dry for fifty-five dollars and 75 cents. ($55.75). His father Solomon Dry had passed away sometime shortly before 13 August 1857 when his personal estate was sold at auction.  Solomon’s death left his wife, Esther, and nine children surviving; 5 sons and 4 daughters.

Sadly, both of these men and another son, Tobias, John and Henry Riley, did not survive the forthcoming Civil War.  Tobias A. Dry died at Elmira on or about March 14, 1865. Cause of death not reported

DRY, TOBIAS A., Private
Born in Cabarrus County where he resided as a blacksmith prior to enlisting in Cabarrus County at age 39, August 6, 1861, for the war. Captured at Roanoke Island on February 8, 1862, and paroled at Elizabeth city on February 21, 1862.  Exchanged in August 1862. Present or accounted for until captured at Cold Harbor, Virginia, June 1, 1864. Confined at Point Lookout, Maryland until transferred to Elmira, New York, July 12, 1864. Died at Elmira on or about March 14, 1865. Cause of death not reported.  [North Carolina Troops, 1861-1865: A Roster -  Volume 4. Page 595]


John C. Dry died prior to January 13, 1864. Place, date, and cause of death not reported. 

DRY, JOHN C. Private
Resident in Cabarrus County and was by occupation a day laborer prior to enlisting in Cabarrus County at age 26, July 6, 1862, for the war. Hospitalized at Richmond, Virginia, October 5, 1862, with bronchitis. Died prior to January 13, 1864. Place, date, and cause of death not reported (probably died in the winter of 1862-1863). [North Carolina Troops, 1861-1865: A Roster -  Volume 14, page 184].


Also killed in the Civil war was another son, Henry Riley Dry, who died on 16 October 1862. [https://www.fold3.com/image/20/54690012

This land deed even though executed on 3rd April 1858 was not proven and registered until 17 March 1883.



Transcription: 

Tobias Dry  To John Dry  Deed


This Indenture made on the third day  of April in the year one thousand eight hundred and fifty eight between Tobias Dry of the one part and John Dry of the other part  all of the County of Cabarrus and State of North Carolina Witnesseth That said party of the first part for and in consideration of the sum of Fifty Five dollars + 75 cents in hand paid by the said party of the second part the receipt and payment is hereby fully acknowledged hath given granted bargained and sold and by these presents doth give grant bargain sell convey and confirm unto the said party of the second part his heirs and assigns forever all my  undivided interest in a certain tract of land lying in the County + State aforesaid adjoining the lands of Martha Smith + others it being  the lands descended to me as one of the heirs of law of Solomon Dry dec'd. subject to the Widows dower. My interest contains one eight part of said lands for boundary and number of acres refer to old title papers and alls all <sic> my interest of said estate in the personal property I hereby convey to the said party of the second part his executors Admns forever. To have and to hold free and clear against the claims and entry of all persons whatsoever and the said party of the first part doth further covenant and agree to warrant and defend the premises aforesaid forever to the said John Dry.
In Witness whereof the said party of the first part hath hereunto set his hand and seal the day and year first above written.                Tobias A. Dry {Seal}
Signed Sealed and delivered}
In the presence of us}
M. Widenhouse}
Adam H. Fink}



North Carolina}
Cabarrus County}    Superior Court
I James C. Gibson Clk Superior Court for Cabarrus County do hereby certify that the execution of the foregoing deed was this day duly proven before me by the oath and examination of M. Widenhouse the subscribing witness thereto. Therefore let the said deed and this certificate be registered, March 17, 1883.
                             Jas. C. Gibson
                             Clk., Sup. Court
Rec'd. and Registered
March 17, 1883
Jno. K. Patterson
     Register of Deeds



Tobias, John and Henry Dry are my 2nd Cousins 4 times removed. 








________________________
DEED BOOK 36, Pages 537 & 538
Cabarrus County, North Carolina


https://www.familysearch.org/ark:/61903/3:1:3QS7-8967-9KX3?i=279&cat=143999

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