Continue from last Thursday's posting and the Thursday before last.
Transcription:
South Carolina}
Cheraw District} In Equity
To the Honorable Hugh Rutledge, Wm. James, Waddy Thompson, William Henry Dessaussure & Theodore Gaillard Esquires Judges of the Court of Equity of the said State.
Humbly complaining sheweth unto your Honors your Orator James Moultrie of Edenton in the State of Georgia that your Orator some time in the year of our Lord one thousand
eight seven hundred & ninety two bargained with one William Sellers of Chesterfield District and State aforesaid for a certain Tract of land situated & lying near Chesterfield Court House in the District aforesaid containing two hundred acres
(originally granted unto Thomas Davis on the 20th day of October 1763) 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 in 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 son afterwards die as agent of your Orator pay (insert) “out of your Orator money which had come into his hands” the balance of the two hundred & fifty dollars which remained unpaid to the said William, and the said William did at that time execute a Deed of conveyance 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, neverthelefs it was fully understood between the said Joseph & you 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; and 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 Honors that some time in the years of our Lord one thousand eight hundred & four the said Joseph your Orators 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 McNeill, Margaret McNeill the wife of Neill McNeill (who hath since died) of Chesterfield District
aforesaid & State aforesaid and Sarah Walker the wife of Nedom 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 & Peter Walker her children & heirs at law, and soon after the death of your Orators father the said John McNeill & Luvicey his wife in the right of the said Luvicey as one of the heir at law of the said Joseph took possession of the above mentioned tract of land; and your Orator since the death of his father hath after applied to in a personably manner to the said
Daniel Cook and Ruth, John McNell & Luvicey his wife, Neill McNeill, David Cook & Nancy his wife, Samuel Howard & Polly his wife & Peter Walker to
join have them all join in executing a Deed for the Said Land to your Orator and also to have the said John McNeill & Luvicey his wife let your Orator into possession of the said tract [of] land & to have them account to your Orator for the Annual rents and profits of the said land since they have been in possession thereof and your Orator well hoped they the said
Daniel & Ruth, John & Luvicey, Neill, David and Nancy, Samuel & Polly and Peter would have complied with such his reasonable request as in justice & Equity they ought to have done. But now So it is may it please your Honors that the said Daniel & Ruth, John & Luvicey, Neill, David & Nancy, Samuel & Polly and Peter combining & confederating themselves with divers persons unknown at present to your Orator whose names when discovered you Orator prays may be inserted herein with apt words to charge them, contriving how to defraud your orator of the said tract of land
they some times they all usually refuse to join in executing a Deed to your Orator for the said land & the said John & Luvicey refuse to let your Orator into possession of the land or to account to him for the annuals rents & profits on the timber cut of the same, they some timed pretending that your Orators father in his life time did purchase the said land of your Orator & paid him a full consideration for the same; and some time they pretend that your Orator father purchased the said land of the said William Sellers & William Sellers paid him a full consideration for the same & that your Orator never paid to the said William any part of the purchase money; when the truth is and which your Orator believes he will [be] able to prove to the satisfaction of your Honors that the said land was wholly paid for by your Orator all which outings & doings of the said Daniel & Ruth John & Luvicey Neill David & Nancy Samuel & Polly & Peter and the other confederates are contrary to right equity & good conscience & tend to the great injury of your Orator. In tender consideration whereof & for as much as matters of this nature are properly relievable in a court of Equity before your Honors and in regard your Orator cannot compel the said Daniel and Ruth, John & Luvicy, Neill, David & Nancy, Samuel & Polly & Peter to join in executing a Deed to your Orator for the said land And the said John and Luvicey to let your Orator in to the possession of the said land & to account to your orator for the annual rents & profits of the timber cut of the the <sic> Same but by assistance of A Court of equity: To The End therefore that the said
Daniel and Ruth, John & Luvicy, Neill, David & Nancy, Samuel & Polly & Peter may upon their several oath true & perfect answer make to and being allow the premises as fully & particularly as the same were here again repeated & interrogated & that they may set forth whether your Orator did not purchase the said land of the said William Sellers & pay to him a full consideration for the same and whether the said Joseph died not as agent for your Orator took a Deed from the said William & whether the said Joseph did not at divers times & various occasions declare in their presence that he held the said land in trust for your Orator & that he had no beneficial interest in the land
and that the said Daniel Cook & Ruth his wife John & Luvicey his wife, Neill, David & Nancy his wife, Samuel & Polly his wife & Peter may be ordered to join all & each of them in executing a deed to your Orator for the said land and also the said John & Luvicey his wife be ordered to let your Orator into the possession of the said land to account to him for the rents & profits of land and value of the timber cut of the same by them & received by them since the said Joseph’s death. May it Please your Honor to grant unto your Orator a writ pf subpoena to be directed to the said Daniel and Ruth his wife, John & Luvicey his wife, Neill, David & Nancy, Samuel & Polly & Peter thereby commanding them at a certain day & under a certain penalty therein to be inserted personally to be & appear before your Honor in the Court of Equity then & there to answer the premises and to stand to & abide such order and decree therein as to your Honors shall deem agreeable to equity and good conscience.
And your orator will ever pray & c.
Blanding & Hanford
Daniel Cook and his wife Ruth Moultrie are my 5th Great Grand Uncle and Aunt.
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[1] SC Equity Record #178, SC State Archives, Columbia, South Carolina.
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