Amanuensis Monday~Court Issued Land Deed to Samuel Washington Brock, 1897

Amanuensis Monday is a genealogy blogging theme. It was started by John Newmark who writes the TransylvanianDutch blog.
 His definition of Amanuensis is:
Amanuensis: A person employed to write what another dictates or to copy what has been written by another.
 
Today’s subject is a Land Deed Issue by the Courts to Samuel W. Brock, 1897.¹
 
On 10 February 1888, Squire H. Brock of Chesterfield County, South Carolina died. Before his passing, he sold, to his son John W. Brock, the 85 acres described within this deed as stated in paragraph 5 – “the same containing eight-five (85) acres more or less and for more full description see Deed from Squire H. Brock to John W. Brock and his bodily heirs bearing date 29 August 1885 [DB 8, pages 350-362]. After his passing, his eldest son, James Albert Brock, et al brought suit “praying that the real estate of Squire H Brock deceased be sold for Partition.”

At this point and time (1897) both Squire and John W. are deceased but I don’t understand how this 85 acres reverted to Squire H. Brock estate lands rather than going to the John W. Brock widow Abigail Sellers Brock. 

This deed is the results of this suit and is the sale of the Squire H. Brock estate land to his son Samuel Washington Brock 

Deed Book 15 pages 174-177
G. J. Redfearn} To
Samuel W Brock} Deed
The State of South Carolina
To all to whom these Presents shall come are be made known I, G.J. Redfearn Clerk of Court of the County of Chesterfield in the said state. Send greeting:
Whereas Samuel W. Brock on or about the 5th day of April in the year one thousand eight hundred and ninety-seven [1897] did exhibit his Complaint in the Court of Common Pleas in the County of Chesterfield and State aforesaid against James A. Brock et al praying that the real estate of Squire H. Brock deceased be sold for Partition.
And the cause, being at issue before the Honorable the court aforesaid came on to be heard on the 80th <sic> day of June one thousand eight hundred and ninety-seven [1897] when the said Court after a full hearing thereof, and mature deliberation in the premises Did order, adjudge and Decree that the lands hereinafter mentioned and described should be sold at public auction by G. J. Redfearn Clerk of Chesterfield County on the terms and for the purpose mentioned in said Decretal Order, as by reference thereto, on file in the Said Court, will appear: And the said G. J. Redfearn Clerk after having duly advertised the said lands for sale by public outcry, on the 1st day of November in the year of our Lord one thousand eight hundred and ninety-seven [1897] Did then, openly and publicly and according to the custom of action, sell and dispose of the said premises below described unto Samuel W. Brock for $51 and 50/100 Dollars he being at that price the highest bidder for the same.
Now Know All Men, That I, the said G. J. Redfearn Clerk of Court in consideration of the premises, and also in consideration of the sum of Two Dollars paid me by the said Samuel W. Brock the receipt whereof is hereby acknowledged, Have granted, bargained, sold and release and by these Presents Do grant, bargain, sell and release unto the said Samuel W. Brock and his Heirs and assigns.
All that certain piece, parcel or tract of land in the County of Chesterfield in the State of South Carolina lying on the south side of Westfield Creek and West side of Wolf branch beginning at a stake on Samuel Parker's and W. M. Brock’s line running S. 29 E. 41.70 forty chains seventy links to stake in Meadows branch N. 13 1/4 E. two (2) chains and 64 links to stake, thence N. 35 W. 10 chains to poplar thence N. 55 W. 12 chains to stake, thence N. 14 E. 11 chains 30 links to stake thence S. 32 E. 22 chains 82 links to beginning_the same containing eight-five (85) acres more or less and for more full description see Deed from Squire H. Brock to John W. Brock and his bodily heirs bearing date 29 August 1885.
Together with all and singular the rights, members, hereditaments and appurtenances whatsoever, to the said premises belonging or in anywise appertaining, and the revisions and remainders, rents, issues and profits thereof; and also all the estate, rights, title, interest, dower, possession, property, benefit, claim and demand whatsoever, both at law and in equity of the said Jas. A. Brock et al and of all the parties to the said suit and of all other persons rightfully claiming or to claim the same, or any part thereof by, from, or under them or either of them.
To Have and to Hold the said premises with its hereditaments, privileges, and appurtenances unto the said Samuel W. Brock his Heirs and assigns forever.
In witness whereof, I, the said G. J. Redfearn Clerk of Court under and by virtue of the said Decree, have hereunto set my Hand and Seal at Chesterfield, S.C. this 24th day of October in the year of our Lord Eighteen hundred and ninety nine and in the one hundred and twenty third year of the Sovereignty and Independence of the United States of America.
Sealed and delivered}
in the presence of}                                           G. J. Redfearn {seal}
J.P. Mangum}                                                  Clerk of Court
R. E. Rivers}

The State of South Carolina}
Chesterfield County}
Personally before me T. L. Huntley Judge of Probate, came J.P. Mangum and made oath that he saw the within named G. J. Redfearn Clerk sign, seal and as his act and deed deliver the within Deed and that he with R. E. Rivers witnessed the execution thereof
Sworn to before me this 21st}
day of November 1898}                                       J.P. Mangum
{seal} T. L. Huntley}
Judge of Probate

Recorded this 21st day of November 1898 in Books “C” page 291. Fee $.25
R. E. Rivers

Auditor, Chesterfield County, S. C.

Recorded 21 November 1898




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[1] Chesterfield County, South Carolina, Deed Book 15: pages 174-177, G. J. Redfearn To Samuel W Brock Deed; Register of Deeds, Chesterfield, Chesterfield County, South Carolina.