Final Disposition of the Marcus "Mark" Huneycutt Estate Lands

Marcus "Mark" Huneycutt died between 1860 and 1870; the exact date of his death is unknown. At his death he owned a parcel of land containing 150 acres.

His estate was settled in 1902 except for the tract of land. The final disposition of the land was pronounced by the Superior Court during the March term 1911. Martin Irenus Huneycutt, the youngest of six sons, was granted clear title to the land.

Transcription:

ELI M. HUNEYCUTT ET. AL. TO M. I. HUNEYCUTT (JUDGMENT)
 
North Carolina} In Superior Court,
Stanly County.} March Term, 1911
 
Eli  M. Huneycutt, A. J. Huneycutt, J. W. Huneycutt, A. S. Huneycutt by his guardian P. J. Huneycutt, Mary P. Brooks, Tobitha J. Rowland, Thomas S. Huneycutt, Charles A. Huneycutt, John Huneycutt, Mary Hartsell, Sarah Whitley, and her husband Davidson Whitley, Cora Hatley, William Hatley, Seymore Hatley, Silas Hatley, Lula Hatley,  the last four named by their guardian Elam Hatley, Hattie W. Hatley, Leander Hatley, Gaston Hatley, John F. Hatley, Thomas J. Hatley, Charles E. Hatley, the last six by their guardian Ephriam Hatley, E. H. Huneycutt, L. W. Huneycutt, L. E. Love, and her husband Charles Love, Cora Taylor and her husband James Taylor, R. C. Huneycutt, Madie Hartsell and her husband, John Hartsell, Ina Kennedy and her husband Travis Kennedy, Anna Eudy and her husband, Jason Eudy, Lilly Huneycutt, Vassie Huneycutt, Love Huneycutt, the last three by their next friend E. H. Huneycutt, Malindy Strancill, Elizabeth Stancill, John Stancill, Margaret Lett and her husband Dr. –Lett, R. F. Huneycutt, A. J. Huneycutt, Jr., M. E. Rigler and here husband E. W. Rigler,T. L. Oxenham and her husband, W. H. Oxenham, S. E. Christopher, Minnie Osborn, Charles E. Rigler, Elizabeth Clontz, Nellie Clontz, W. J. B. Clontz, Ernest Clontz, the last three by their guardian J. W. Clontz, John Rigler, William Garbaldi and John Gardbaldi.
 
                                                 VS

                                        M. I. Huneycutt

This cause coming on to be heard at this term of Court,and it appearing to the Court that the parties hereto have agreed upon terms of compromise of all matters and differences between them: It, is now on motion of attorneys for both parties, adjudged by the court in accordance with the terms of compromise agreed upon by the parties and by consent of all the parties as follows:
 
1-          That the Plaintiffs recover of the Defendant the sum of Five Hundred Dollars and that this judgment shall be and constitute a lien on the lands hereinafter described until the said sum of Five Hundred Dollars, is paid, without interest if paid within sixty days from March 13th, 1911; and in case the said Defendant shall not pay said sum within said time, R. Lee Wright and R. L. Smith are hereby appointed Commissioners to sell said land at public auction,after due advertisement of the same for thirty days, and to apply the proceeds of the sale of said land to the payment and discharge of said sun of Five Hundred Dollars, with interest on the same after the expiration of sixty days from said date, and execute title to the purchaser, and pay the surplus, if any, to the said Defendant.
2-          That the Defendant pay the costs of the auction to be taxed by the Clerk, and judgment is hereby rendered against him for said costs.
Pg 84
3-          It is further adjudged and decreed that the Defendant, M. I. Huneycutt, is the owner in fee and entitled to the possession of the following described tract of land in controversy in this action said tract of land situate in Stanly County, N. C., in Furr Township, adjoining the lands of R. S. Smith, George Crayton heirs, C. Crayton, Frank Whitley, L. G. Brattian, I. J. Barbee, and N. F. Barbee, known as the Mark I. Huneycutt, lands, and bounded and described as follows:
 
Beginning at a stake in a road, said stake being formerly a blackgum, and runs thence South 64 West 22 3/10 chains to a stake by two white oaks; thence North 72 ½ W.20 chains to a stake in the Sam Hinson old line; (now R. S. Smith’s line)thence North 4 East 52 ½ chains to a stake in the C. Crayton line; thence South 57 East 33 chs. To a stake by two large red oaks in the L. G. Brattain’s line formerly Turner’s line thence South 10 east 31 chains to the beginning, corner,the same being in Brattain and Barbee’s line; said tract of land containing about one hundred and fifty acres, and lying on both sides of the public road leading from Albemarle to Locust, and known as the Charlotte road.
 
Subject, however, to the exception of a small lot of land herein described and conveyed to Providence Methodist Church on the South side of the public road and on the east side of said tract of land; the deed to said church lot being now duly registered in the Office of the Register of Deeds of Stanly County, and reference is hereby made to the said deed for complete lines, boundaries and description of said lot.
 
It is understood and agreed by and between the parties hereto that the Lands herein described as belonging to the defendant do not embrace or cover any part of the land conveyed by deed from E. M. Huneycutt, and by the said Huneycutt to L. G. Brattain and now in the possession of the said L. G. Brittain; and reference is hereby made to said deeds for a complete description of said lands now in possession of the said L. G. Brittain; said deeds being duly recorded in the office of the Register of Deeds of Stanly County, in Book 34 of deeds, pages,45 and 46, and Book No. 36 of Deeds page 279, respectively.
 
It is further ordered and decreed  by the Court that this judgment shall have the force and effect to transfer and confirm the title to the said lands herein above described as belonging to him, the said defendant M. I. Huneycutt to him; and that this judgment shall operate as a conveyance from the Plaintiffs to the Defendant of the said lands in as full and ample form and manner as a deed for the said lands in fee-simple executed in due form by the Plaintiffs to the defendant, and this notwithstanding the want of capacity in any of the Plaintiffs to make a conveyance of the said lands.
 
It is further ordered and adjudged that this judgment shall be registered in the office of the Register of Deeds of Stanly County under the same rules and regulations as would be observed if the Plaintiffs had executed a form conveyance of the said lands to the defendant.
                                       Signed.      C. C. Lyon__________
                                                                    Judge Presiding.
By Consent.
A. C. Huneycutt
J. C. Wright
R. Lee Wright
     Attorneys for Plaintiffs.
 
R. L.Smith.
R. E.Austin
Thos. J.Jerome
           Attorneys for Defendants
 
North Carolina,}
                              In The Superior Court.
Stanly County.}
           I, A. P. Harris, Clerk of the Superior Court of Stanly County, State of North Carolina, do hereby certify that the foregoing and attached four (4) sheets is a true and accurate copy of the judgment of the Superior Court of Stanly County at March term, 1911, as the same is taken from and compared with the original on file in the office of the Clerk of the superior Court of Stanly Court, and recorded on the Minute Docket of said Court in Book 7, pages 322, 323, 324, 325,  and 326, Let the Judgment with this certificates, be registered, In witness whereof I have hereunto signed my name and attached the seal of said Court, at office in Albemarle, this 20th day of March, 1911. 
                                                                  A. P. Harris             
                                                                 Clerk Superior Court
 
Register of Deeds Office, Stanly County, N. C.
Filed or registration in this office, on the 20th day of March, 1911 at 9 o’clock A. M., and was duly registered.      s/J. M. Boyett
                                                                    Register of Deeds.

Marcus I. Huneycutt is my 3rd Great Grandfather.

Martin Irenus (M. I.) Huneycutt is my 2nd Great Grand Uncle.




____________________
[1] Stanly County, North Carolina, DEED BOOK 42: Pages 83 & 84, ELI M. HUNEYCUTT ET. AL. TO M. I. HUNEYCUTT (JUDGMENT); 20 March 1911, Register of Deeds, Albemarle, Stanly County, North Carolina.