Marcus I. Huneycutt and Charity Dry are my paternal third Great Grandparents. On 26 September 1848, Marcus, aka Mark, received Grant No:#151 receiving 100 acres of Land in Stanly County, NC on Strong Run Creek.
Mark Honeycutt Grant
State of North Carolina No 151
Know ye that for and in consideration of the sum of five dollars for every hundred acres hereby granted paid into our treasury by Mark Honeycutt hath given and granted and by these presents do give and grant unto the said Mark Huneycutt a tract of Land containing one hundred acres lying and being in the County of Stanly on Strong Run Creek adjoining Josiah Tucker formerly Leonard Tucker Beginning at a post oak by two post oaks in said Tucker's line and runs south sixty five west thirty one chains and seventy five links crossing Stoney Creek three times to a stake by two post oaks and a red oak thence south thirty east thirty one chains and seventy five links to a red oak by a pine and post oak thence north sixty five east thirty one chains and seventy five links to the said Tucker's line thence with it north thirty west thirty one chains and seventy five links crofsing said creek to the Beginning Entered 9th August 1847
As by the plat hereunto annexed doth appear together with all roads waters mines minerals hereditaments and appurtenances to the said land belonging or appertaining to hold to the said Mark Huneycutt his heirs and assigns forever yielding and paying to us such sums of money yearly or otherwise as our general assembly from time to time may direct provided always that the said grantee shall cause this grant to be registered in the registers office of our said County of Stanly within twelve months from the date hereof otherwise the same shall be void
In testimony whereof we have caused these our letters to be made patent and our great seal to be here unto affixed. Witnefs William A. Graham our governor at Raleigh the 28th day of September in the 75th year of our Independence and in the year of our Lord one thousand eight hundred and forty eight
By command Wm Hill Secretary of State. Will A. Graham
Registered 14th May 1849. Saml. L. Stone, Regs
Stanly County Deed Book 2, pages 191-192.
The land remained in his possession until his death. After his death the land remained in the family until it sold in 1905.
Marcus was alive and well in the early 1860’s as shown on the 1860 Census.
Sometime after the 1860 Census was enumerated on 5 June 1860, Mark Huneycutt passed away. He is not listed on his farm in the 1870 Census. No death date has been found for Mark Huneycutt. If you have any information concerning Mark and his passing I would love to hear from you.
Probate of his estate can be found here: https://www.familysearch.org/ark:/61903/3:1:3QSQ-G9CF-K148
The earliest date found within the Probate file was May 1902 and it looks as if the final probate occurred on 1 Jan 1913. [Image 843 of 1964]
The BIG Question is Why did his family wait from the 1860's until 1902 to Probate his Estate?
There was still litigation ongoing between the heirs in 1911. One of these heirs was my paternal Grandmother, Lucy Pearl Deese, b. 17 January 1885 and her two sisters, Etta and Theresa Deese.
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.
[DEED BOOK 42, Pages 83 & 84]
At this point the heirs may have made come to terms of compromise of all matters and differences between them and Martin Irenus Huneycutt has purchased the 100 acres tract of Land known as the Mark Huneycutt Lands. This is not the end of the story.
On 21 September 1905, we find Martin Irenus Huneycutt and 2nd wife Eunice “Nicey" Huneycutt acting as agent for the Mark Huneycutt Heirs selling this 100-acre tract to Dr. J. R. Jerome for a mere twenty-five (25) dollars. NOTE: That T. J. Jerome was one of the Attorneys for Defendants.
No one that I am in contact with seems to know when Marcus "Mark" Huneycutt or his wife Charity Dry passed away. If you have any information on Mark or Charity Huneycutt I would love to hear from you.
- https://carolinafamilyroots.blogspot.com/2015/10/its-family-timemarcus-mark-i-huneycutt.html
1. 1820 U S Census, Stanly County, North Carolina, population schedule, Cabarrus County, North Carolina, Page: 215; Line 13, Household of Mark HONEYCUTT; digital images, Ancestry (www.ancestry.com: viewed 31 July 2015); citing National Archives Microfilm M19, Roll 119.
3. Grant No:151 - Mark Huneycutt, 26 September 1848; NC Land Grants, Book No:154: Page No:124; Warrants, Receipts and Plats; Office of Secretary of State, Raleigh, North Carolina.
4. North Carolina, Deed Book: Volume 2, pages 199 & 200, Mark Huneycutt to Tobias A. Huneycutt; Register of Deeds, Albemarle, Stanly County, North Carolina.
5. Stanly County, North Carolina, Probate Files & Loose papers, Mark I. HUNEYCUTT; digital images, Church of Jesus Christ of Latter Day Saints, FamilySearch (http://www.familysearch.org: viewed 31 July 2015); Mark I. Huneycutt.
6. Marcus Honeycut - Charity Dry, (18 March 1822), North Carolina Marriage Bonds, 1741-1868: Bond #: 000008471; Ancestry, Raleigh, North Carolina, North Carolina.
7. Stanly County, North Carolina, Probate Files & Loose papers, Mark I. HUNEYCUTT; digital images, Church of Jesus Christ of Latter Day Saints, FamilySearch (http://www.familysearch.org: viewed 31 July 2015); Mark I. Huneycutt.
8. Stanly County, North Carolina, Deed Book 35: Pages 352 & 353, M. I. Huneycutt & wife Nicey Huneycutt to Dr. J. R. Jerome; 1 September 1905, Register of Deeds, Albemarle, Stanly County, North Carolina.
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