& logic-tie-in to Granville Co, NC

Subject: Charles Poythress of Dinwidd Co, VA in Dds of Bute Co, NC & logic-tie-in to Granville Co, NC
From: “Barbara P. Neal” Date: Tue, 20 Jan 2004 15:48:03

1/17/2004 JLP [Lou Poole] wrote to the Poythress List [captioned FW:
Poythress in Bute]:

I apologize if this is old news for everybody else, but I don’t think
I’ve ever seen this record before… Sent to me by someone who knew I
was interested in the Poythress family. (and notice the creative
spelling )

Lou

Lou, isn’t the Poythress family one that you’re following? -andy

BUTE DB-3, page 464. 6 April 1772. WILLIAM CRYOR, Surviving Exr. of
CHARLES POUTHRESS (POURTHRESS), dec’d., of Parish of Bath, Dinwiddie
Co., to ISAAC HOWELL, of same Parish & County. Having qualified as
Exrs. of will of CHARLES POURTNRESS who died 17, Certificate recorded
in Dinwiddie Court, WILLIAM CRYOR & PETER WOODLE~, of Dinwiddie Co.,
sold 644 A. in Bute Co. on Hawtree Creek, adj. HAWKINS, to JOHN
REES,JR., for 45 Pds. Va. money. PETER WOODLET died before this
transaction was completed, but JOHN REES had sold 320 A. of this land
to ISAAC HOWELL & the other 324 A. to TRAVICE REES. Now it is agreed
that the whole tract be conveyed to ISAAC HOWELL, for the 45 Pds. Va.
money paid by JOHN REES,JR. & 5 Sh: to be paid by sd. HOWELL. Wit:
JOHN COLEMAN, JOHN WILLIAMSON, DRUR! RAGSDALE, ABNER GRIGG,JR. Proved
by JOHN WILLIAMSON, Bute May Court 1772, BEN McCULLOCH, C.C. Reg: i
Aug.1772, by JS.JOHNSON, P.R.

Also on 1/17/2004 Lou clarified, in response to questions, that:

“Bute” is a reference to Bute County, NC. Sorry for not mentioning
that.

Also on 1/17/2004 Randy Jones added:

The document is from the Bute County, North Carolina deed book.
Bute County, just south of the Virginia line, was formed from
Granville Co. in 1764 and abolished in 1779 when it was divided
into Warren Co. and Franklin Co. The courthouse of Bute Co. was
located at a place called “Buffalo Rice Path” about 6 miles
southeast of present Warrenton, North Carolina. Most of the
records of Bute County are still located in Warren Co.
though some may be found in Franklin Co.

Then on 1/18/2004, JLP [Lou Poole again] wrote to the Poythress-List,
captioned FW: FW: Poythress in Bute:

Another Bute County, NC, deed that mentions Charles Poythress
(spelling’s getting better ), from my friend Andy:

Here’s one more in the Bute Deed books that refers back to the one I
sent before. There is nothing else that mentions Poythress as far as I
can see. -andy

DB-5. page 27. 23 October 1773. ISAAC HOWELL to HENRY FITTZ, both of
Dinwiddie Co. (Va.?) 100 Pds. Current money for 322 A. in Bute Co. on
BS Hawtree Creek, adj. JOSHUA ELLIS, TRAVICE REESE & JOHN JONES
(formerly YOUNG), land which was sold to CHARLES POYTHERESS, of
Dinwiddie Co., by JOHN HAWKINS. Wit: HEN. STURDIVANT, TRAVESS REES,
EPHRAIM ELLIS, WILLIAM ELLIS, Proved by EPHRAIM ELLIS, Bute August
Court 1774, BEN McCULLOCH, C.C. Reg: 8 September 1774, by JAMES
JOHNSON, P.R.

On 1/20/2004, BPN added, [captioned 1773 Bute Co, NC deed & Charles
Poythress of Dinwiddie Co, VA]:
Thanks so much, Lou. The 1773 Bute Co, NC deed that your friend Andy
found, below, clarifies where in VA (Dinwiddie Co) the Charles
Poythress lived, who was party to the 1751 Granville Co, NC deed that I
transcribed last week (John Hawkins to Charles Poythress, for when
Charles purchased the land now being sold in the Bute deed, below). Nice
to know, since the Granville 1751 deed had only said that Charles was
“of Virginia.”

It clarifies for me, too, that the “Hawkins Creek” (as I had originally
mis-transcribed creek due to the terrible handwriting of the 1751 deed)
was really “Hawtree Creek.” I will correct that in my next version of
the transcription of the 1751 deed. (By the way, I hope to soon have a
copy of the next consecutive page of that 1751 record, where it had
appeared the record had continued for a bit more.)

And from Andy’s earlier find of the 1772 Bute Co deed (in your 1/17/2004
message captioned “FW: Poythress in Bute”) we also know when & where
Charles died, pinpointing him even better.

Please thank Andy for me. I appreciate his & your great work in getting
both of these helpful Bute Co items to us all.
BPN

Subject:
Re: 1751 Deed Granville Co, NC – Corrected
From:
“Barbara P. Neal”
Date:
Fri, 30 Jan 2004 12:23:42 -0800
Below is a CORRECTED transcription of the deed I originally posted to the List on 12 January 2004. These additions and corrections are thanks to Sarah Poythress, who copied the deed at Oxford, Granville Co, NC, and who sent me the photocopy that I worked with. Thank you Sarah, for examining your copy and clarifying some of this for us. I got additional help from consulting Black’s Law Dictionary Deluxe 4th Edition for clarification of some of the legal terms [see notes at bottom]. Square brackets are mine. Barbara Poythress Neal, 30 January 2004

Oxford, Granville County, North Carolina, in Deed Book B, pages 312-314

Hawkins to Poythress
This indenture made this twenty-ninth day of May in the year of our Lord
Christ one thousand seven hundred and fiftyone Between John Hawkins
of North Carolina of the one part and Charles Poythress of Virginia of
the other part Witnesseth there for and in consideration of the sum of
Thirty Six pounds Curt. [i.e. “Current”] Money

of Virginia in hand paid to John Sellers Jr. and Robert Gee,
the Receipt hereof he the said Hawkins do hereby acknowledge, hath
given, granted, bargained and sold, aliened and confirmed, and by
these presents do give, grant, bargain and sell, alien and confirm unto
the aforesaid Charles Poythress, his heirs and Assigns forever all that
Tract or Parcel land lying and being in the Province of North Carolina
and in the County of Granville lying and being on both sides of Hawtree
Creek Containing six hundred and forty acres be the same more or less
and bounded as followeth, to wit, Beginning at the Letter A. on the
West side of the said Creek thence Running South 440 Poles to a Hickory
at B. thence East 230 Poles to a Pine at C. thence North 440 Poles
to White Oak at D. in the line of the aforesaid Hawkins thence by his
line West to the Beginning To have and to hold the said Tract or Parcel
of Land and all and singular the said Premises abovementioned and all
said every Part and parcel thereof with the appurtenances thereto
belonging unto the aforesaid Charles Poythress, his heirs and Assigns
to the only Proper Use and behalf [or possibly “behold”] of him the
sd. Poythress, his heirs and Assigns forever and the said John Hawkins
for himself and his heirs the said Tract or Parcel of Land and Premises
and every Part thereof against himself and his heirs and against all
and every other Person and Persons whatsoever to the said Charles
Poythress his heirs and Assigns shall and will Warrant and forever
Defend by these presents. In Witness whereof the said John Hawkins
hath hereunto set his hand and affixed his seal the Day and Year
above written.
Signed, sealed and Delivd. John Hawkins (L.S.)
In Presence of
Daff Weldon ~~~ Memorandum that a full and Peasible [i.e. “Peaceable”]
Possession and seizian [i.e. “seisin’] of the within Mentioned Land
was declared in the within Deed was taken

and held by the within names Charles Poythress according to due form of law.
Teste [i.e. Latin for “witness”] Daff Weldon
At a court held for Granville Co. 4 June 1764 John Hawkins has acknowledged this deed together with the Memorandum of living and seision [i.e. “seisin”] endorsed to be his Act and Deed which on the motion were ordered to be Registered. Cert. by Daff Weldon CC [i.e. abbreviation for “Clerk of Court”]
Teste William Eaton Pub.Reg.

[End of transcription; additional helpful legal notes from Black’s Law Dictionary are below]

• “Peaceable possession” of real estate is such as is acquiesced in by all other persons, including rival claimants, and not disturbed by any forcible attempt at ouster nor by adverse suits to recover the possession or the estate.
• Seisin – [many definitions including] possession with an intent on the part of him who holds it to claim a freehold interest; [and] right to immediate possession according to the nature of the estate.
• Teste or Testes – Latin for witness or witnesses; Teste of a writ, in practice, is the concluding clause, commencing with the word “Witness.”