Note 1: Below is a CORRECTED transcription of a deed originally posted to the Poythress mailing list (Rootsweb) on 12 January 2004 by Barbara Poythress Neal. 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

Note 2: A chronological interactive map of North Carolina county formation and boundaries (1665 – 1959) is available by visiting the Newberry Library’s Atlas of Historical County Boundaries. The Newberry Library’s site also provides a very useful Index of Counties and Equivalents with detailed histories of the formation and division of all North Carolina counties from 1665 forward.

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

[Page 312] 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

[Page 313] 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

[Page 314] 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.”