Monday, January 13, 2014

Tempy's Little Plot of Land

Farm and haybales in Stanly County, NC
Farm and Haybales in Stanly County, NC from

In researching Miss Temperance Russell, who was born sometime during the 1820's, most likely, within a range of 1817 to 1830, as given in the census records, I found that she owned a small tract of land, listed as one lot, in the early tax records of Stanly County, so with that fact in hand, I went to find mention of her in the County Deeds. 

It turns out, she bought her little plot of land from Davidson Hearne. The Hearne's were the family who donated the land for the fledgling town to be built upon and the courthouse to be erected on. The family was a most important one in the early running and business affairs of the town and county. Davidson Hearne, Eben Hearne, Nehemiah Hearne, are all names found heavily throughout the early records in various offices, land dealings and business matters. 

Tempy Russell was the mother of a son, John A Russell, with James R. Melton, another Albemarle businessman, who was a partner of Davidson Hearne in multiple ventures, and who named one of his sons, Davidson Hearne Melton. 

Instead of upload a nearly illegible scribble from the computer, I will include the important portions of these documents in this post. 

Davidson Hearne to Tempy Russell

This indenture made this 9th day of February, 1857 between Davidson Hearne of the county of Stanly + state of NCarolina of the first part and Tempy Russell of the County and state aforesaid of the second part, witnesseth that for and in consideration of the sum of twenty dollars to the said Davidson Hearne paid by the said Tempy Russell the receipt whereof is hereby acknowledged the said Hearne hath bargained granted and sold......beginning at a pine stump a corner of the big survey and by 3 white oaks and a red oak and runs to 6 ??? with a line of said survey 13 poles to a stake by a large spanish oak + sourwood, thence so. 13 poles...(13 poles square in each direction) containing one acre to have and to hold the aforesaid tract of land,,,,signed sealed and delivered in presence of D. A. Underwood.

The execution of the foregoing deed from Davidson Hearne to Tempy Russell was this 6th day of February, 1869 proved before the undersigned probate judge for said county by the oath and examination of D. A. Underwood the subscribing witness thereto, therefore let this acre and certificate be registered.  J M Redwine.

There are sales of property around Tempy, of ever-changing neighbors, in which she is named. I am sure I have only found but a small number of these. 

H. W. Spinks to T. E. Nash 

Stare of North Carolina, Stanly County  This deed made this 20th day of June 1881 by H. W. Spinks and wife Lucy Spinks T. E. Nash...a tract of land .... adjoining the lands of Tempy Russell, W. H. Hearne, W. F. Hearne, and H. W. Spinks, bounded as follows. Viz. Beginning at a stake Tempy Russell's second corner runs so 13 poles with Tempy Russell's line to a stake at her third corner, hence south...containing one half acres more or less...

T. E. Nash to J Marshall

This indenture made this 24th day of January in the year Eighteen hundred and eighty-two between T. E. Nash and wife Bettie E. Nash....and Joseph Marshall...beginning at a stake in Tempy Russell's second corner and runs so 13 poles with Tempy Russell's line to a stake her third corner...W. F. Hearne, containing 1/2 acres or less...

N. J Marshall to John A. Moody

9th day of July, 1887...a tract of land in Stanly County..on the waters of...near Albemarle... and joining the  lands Tempy Russell, H. W. Spink and others...viz...begining at a stake - Tempy Russell's second corner..etc. ...the aforesaid Norra J Marshall.

H. W. Spinks and wife to  O. D. King, M.D.

..made the 8th day of March in the year of our Lord Eighteen hundred and ninety...between Henry W. Spinks and wife Lucy J. Spinks of the county of Union....and O. D. King...adjoins the lands of Mrs. Watkins and others...beginning in Russell's line, H. W. Spinks corner, ...stone at Russell's a white oak near the forks of the road...thence with the road...Russell's corner..thence with his the beginning containing 4 acres..

Dr. O. D. King and wife to T. C. Hearne

...made the 27th day of January...1898...G. T. Dunlap's old line..J. A. Moody's corner..Tempy Russell's a planted stone on Tempy Russell's corner...

John A. Russell, son of Tempy, was obviously considered the owner of the property in the one deed above, however, Tempy's property would not be the only one that John and wife Sallie Carter Russell would inherit. 

This indenture, made this the 20th day of July, 1895 between John A Russell and wife Sallie E. Russell and W. W. Kearns, for the sum of 12 dollars...It being the one third undivided interest, now owned by the said John A. Russell and Sallie E. Russell in and to the following lands to wit: Beginning  at a stake by 2 small hickory's, J. M. Parkers corner, a post oak  in the Wm. Forrest line..with the Jordan line....containing 75 acres more or less and known as the Marcus Carter lands, now adjoining the lands of  William Forrest, deceased, J. M. Parker, Dupree Clodfelter, Thomas Mills and others. 

But back to Tempy, she wanted to make sure her grandchild, Eva Evelyn Russell Eudy, had a home. 

This Indenture, made the 22nd day of April, In the year of our Lord, One thousand nine hundred and one ...Tempy Russell of the first part and Eva Evaline Eudy, during her natural life and after her death to her bodily heirs, of the second consideration of the sum of 300 the town of Albmarle and known as a part of the Tempy Russell lot, bounded as follows, to wit: ....stump on T. C. Hearne's lot, running with the old line...containing one half acre, more or less. 

Then 8 years later, Eva Evaline sells her half-arce,

This Indenture, made the 12th day of February, in the year of our Lord  one thousand nine hundred and nine between Eva Evaline Eudy and John Eudy.... and M. F. Little...pine stump in T. C. Hearne's corner...a corner of the Big Survey...containing one half acre more or less.... The same being the lands conveyed to the said Eva Evaline Eudy by Tempia Russell on the 22nd day of April, 1901, and recorded in Book No 25 of Deeds for Stanly County. Also see deed executed by Davidson Hearne to Tempia Russell dated Feb. 9th, 1857 and recorded in the office of the Register of Deeds for Stanly County in Book No 6, on page 209.

Then after Tempy died in 1911.....

This indenture....7th day of August...1912...between John Eudy and wife, Eva Evaline Eudy, John Russell and wife Sallie Russell....on the first part and U. P. Harris on the second part...twelve hundred dollars...In the town of Albemarle joining the lands of J. R. Moss, L. A. Moody, M. F. Little and others, to wit: Beginning at an iron pin or stake at the South West corner of the lot conveyed by Eva Evaline Eudy to M. F. Little....being the same lot conveyed by Tempe Russell to Eva Evaline Eudy by will prior to her death which will is recorded in Book of Wills in the office of the Clerk of Superior Court of Stanly Couty, pages 532-533; and  said lot also being the Southern half of the vere lot conveyed by Davidson Hearne to Tempe Russell by deed dated 

February 9, 6 page 209..the said John Russell and wife Sallie Russell hereby join in the execution to this deed and quit-claiming to A. P. Harris the grantee herein named their right to have a home on said lot of land as long as they both shall live  and for the purpose of expressly waiving releasing and ...executed February 22, 1912...recorded in the book of wills on or about the 10th day of June 1908 on pages 532-533.

And with that, Tempie's little piece of land passed out of the hands of her family into the hands of a businessman. Today, the lot once occupied by the Russell's is likely under a store building or municipal office. That is unknown. The closest location to be estimated on where she lived in near the current location of the Albemarle Sweet Shop at 128 King Avenue. It is guessed Dr. O. D. King owned or lived on part of the lot and it is known that members of the Hearne family lived in the house beside the Lutheran Church and across from the present courthouse, now preserved by being turned into an attorney's office.  

Tempy left a will. In my next post, that will be featured. 

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