Back on 10 April 2020 I wrote about the Estate Lands of Marcus I. “Mark” Huneycutt. The blog post can be read here:
In this Land Deed R. W Simpson, Commissioner, of the Superior Court of Stanly County sold the 100 acres owned by Marcus at his death to his son Martin Irenus Honeycutt. No exact date has been found for Marcus I. “Mark” Huneycutt death; but, we know he died after the Census was taken in 1860 and before the 1870 Census was enumerated. The posting of the above land deed dated 9 April 1903, I thought, was the end of probate for Marcus I. Huneycutt estate and the end of the lawsuits against the estate.
But, I was wrong. Since finding the 1903 deed I have found another Deed executed on 21 September 1905.
THIS INDENTURE, made this the Twenty-First day of September in the year of our Lord one thousand nine hundred and five between M. I. Huneycutt & wife Nicey Huneycutt said M. I. Huneycutt acting as Agent for Mark Huneycutt heirs of the County of Stanly and State of North Carolina, of the first part and Dr. J. R. Jerome of the County of Cabarrus, and State of North Carolina, of the second part:
WITNESSETH. That the said parties of the first part, for and in consideration of the sum of Twenty five Dollars, to the said parties of the first part in hand paid, the receipt whereof is hereby acknowledged hath bargained, sold and conveyed, and by these presents doth bargain, sell and convey unto the said party of the second part his heirs and assigns, the following
described real estate, lying and being in the County of Stanly, and State of North Carolina, bounded as follows, to wit:
Beginning at a post oak by 2 post oaks Leonard Tuckers line and runs S. 65 W. 31 chains and 75 links crossing Stony Run Creek 3 times to a stake by two post O. & a red oak; thence S. 30 E. 31 chs. & 75 links to a red oak by a pine and post oak; thence W. 65 E. 31 chs. & 75 links to said Tuckers line; thence with it 30 W. 31 chs. and 75 links crossing the creek to the beginning containing 100 acres.
TO HAVE AND TO HOLD, all and singular, the above-granted premises with the appurtenances, unto the said party of the second part, his heirs and assigns forever.
And the said M. I. Huneycutt, Agt. & wife Nicey Huneycutt parties of the first part, for their heirs, executor, and administrator doth hereby Covenant with the party of the second part his heirs and assigns, that they are seized of the premises in fee-simple; that the said premises are free from all encumbrances; that they have good right and lawful authority to sell the same; and that they will warrant and defend the said premises unto the said party of the second part, his heirs and assigns, against the lawful claims of all persons whatsoever.
IN TESTIMONY WHEREOF, The said parties of the first part hath hereunto set their hands and seals, the day and year first above written.
Signed, sealed and delivered in the presence of}
J. A. Little J. P.} M. I. X his mark Huneycutt {Seal}
Nicey x her mark Huneycutt {Seal}
STATE OF NORTH CAROLINA}
Stanly County, }
Be it remembered that on this, the 21 day of Sept. 1905, before the undersigned, personally appeared M. I. Huneycutt & wife Nicey Huneycutt the grantors named in the foregoing Deed, and acknowledged the due execution thereof by them as their act and deed; and thereupon the said Nicey Huneycutt wife of M. I. Huneycutt being by me privately examined, separate and apart from her said husband, touching her free consent to the execution of Said Deed* Nicy Huneycutt on such private examination declared that she executed the same freely, of her own free will and accord, and without any force, fear or undue influence on the part of her said husband, or any other person, and doth still voluntarily assent thereto.
Therefore, let the said Deed, together with this certificate, be registered.
Witness my hand and private seal, date above written.
J. A. Little, J. P. {Seal}
Unused section skipped
STATE OF NORTH CAROLINA}
Stanly County} Superior Court, Nov. 8th, 1906
The foregoing certificate of J. A. Little a Justice of the Peace of Stanly County is adjudged to be in form and according to law. Therefore, let the said Deed, with the certificates, be registered.
H. A. Cromwell Clerk Superior Court
OFFICE OF THE REGISTER OF DEEDS}
Stanly County}
I hereby certify theta the foregoing Deed was filed in this office for registration on the 9th day of November A. D., 1906, at 9 o'clock A. M., and registered.
s/J. M. Vanhoy Register of Deeds
*Insert the words "EACH ONE FOR HERSELF" if more than one is examined.
In the Deed, Martin the youngest son of Marcus, and his wife Nicey (2nd Wife) are acting as Agents for the Mark Huneycutt heirs to sell the estate lands (100 Acres) to Dr. J. R. Jerome. Since the land is now ”out of the family” it's almost certain there will be no more land deeds concerning this land within the Huneycutt family.
As a final note to put this sale in perspective – the 100 acres was Sold in 1905 for 25 Cents/an acre.
Marcus “Mark” Huneycutt is my 3rd Great Grandfather.
Martin Irenus Huneycutt is my 2nd Great Grand Uncle.
_______________________________
[1] Stanly County, North Carolina, Deed Book 35: Pages 352 & 353, M. I. Huneycutt & wife Nicey Huneycutt tp Dr. J. R. Jerome; 1 September 1905, Register of Deeds, Albemarle, Stanly County, North Carolina.
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