Treasure Chest Thursday~Equity Suit #178~James Moultrie vs Jno. McNeill & Wife Luvicey, Page 1

Back in 2006, Joan Sellers Johnson posted information on GenForum listing the heirs of Joseph Moultrie that were given in an equity court petition. Since that time GenForum has been decimated and remnants of their posting can be found on www.genealogy.com

See posting here:
https://www.genealogy.com/forum/surnames/topics/moultrie/20/

Earlier this year I tracked down the original source documents pertaining to the Equity suit and received 3 documents.  Today, we will look at Document #1 from this Equity Suit.

Transcription:

Equity_178_Document #1
South Carolina} In Equity
Cheraw District} To the Honorable Hugh Rutledge, Wm. James, Waddy Thompson, William H. Dessaussure & Theodore Gaillard Esquires Judges of the Court of Equity of the said State.
Humbling complaining sheweth unto your honor your Orator James Moultrie of Edenton, of in the State of Georgia that your Orator some time in the year of our Lord One thousand seven hundred and ninety two bargained with on William Sellers of Chesterfield District State aforesaid for a certain Tract of land situates and lying near Chesterfield Court House in the district aforesaid containing two hundred acres for which tract of land your Orator agreed to give the said William two hundred & fifty dollars and your orator afterwards made several payments to the said William which on the whole amounted to two hundred and Twenty Dollars and the said William had never executed to your Orator any deed of conveyance of the said land; and your Orator further sheweth to your honor that sometime in the year of our Lord one thousand seven hundred and ninety six he moved from the State into the State of Georgia and left Joseph Moultrie your Orators father his agent to settle up his businefs in Chesterfield district aforesaid, and the said Joseph soon afterwards did as agent of your Orator pay out of your Orators money which had come into his hands the balance of the two hundred and fifty dollars which remained unpaid to the said William the said William <sic> did at that time execute a deed of the said land to the said Joseph which deed purported to be a conveyance of the said land to the said Joseph in his own right Nevertheless it was fully understood between the said Joseph and your Orator that the said Joseph was to have no beneficial interest in the said land and that the said Joseph was to be but a mere trustee for your orator; & the said deed was so taken by the said Joseph to himself for the special purpose to enable him in behalf of your Orator the more conveniently to make sale of the said land and to enable him to give an indisputable Title for the Same to a purchaser; and your Orator further sheweth unto your honor that some time in the year of our Lord one thousand Eight hundred and four the said Joseph your Orator father departed this life without ever having procured a purchaser for the said land and left your Orator and your Orators three sisters his heirs at law to wit: Ruth Cook the wife of Daniel Cook, Luvicey McNeill the wife of John McNeil, Margaret McNeil the wife of Neill McNeill (who hath since died) of Chesterfield District and state aforesaid and Sarah Walker wife of ____ Walker of the state of Georgia who hath since died and left Nancy Cook the wife of Daniel Cook, Polly Howard the wife of Samuel [Howard]. Bracketed surname added by the author of this blog.

[the remainder of this document is lost to time]

I have 3 additional pages from this Equity Record but none of those pages are a continuation of the above document.


I do hereby certify that this Sheet does contain a true and perfect copy of a Bill filed in the Court of Equity for Cheraw District wherein James Joseph Moultrie is complainant and Jno. McNeill and Luvicey his wife and other defendants.
22 January 1810                                                         James R. Ervin
                                                                                    Comr in Equity

List of Joseph Moultrie heirs that Joan Sellers Johnson named within her GenForum post:

Son - James Moultrie
Daughter - Ruth Cook, wife of Daniel Cook
Daughter - Luvicey McNeill, wife of John McNeill
Daughter - Margaret McNeill, wife of Neill McNeill
Children of Deceased Daughter, Sarah Walker, wife of Nelson/Nedom Walker: Nancy Cook, wife of David Cook; Polly Howard, wife of Samuel Howard; Peter Walker.
Next week, Thursday, we will look at document number two.

Daniel Cook and his wife Ruth Moultrie are my 5th Great Grand Uncle and Aunt.


_______________________
[1] SC Equity Record #178, SC State Archives, Columbia, South Carolina.
[2] GenForum posting by Joan Sellers Johnson naming heirs of Joseph Moultrie.