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Monday, July 19, 2021

Suit to Partition Estate Lands of Squire H. Brock

On 10 February 1888, Squire H. Brock passed away. His wife Rachel had passed away some 8 1/2 months earlier on 25 May 1887. Squire left 8 grown children to mourn his passing and a host of grandchildren and great grandchildren. He was a farmer and land owner.

On 5 April 1897, ten years after his passing, his son, Samuel W. Brock brought suit in the Court of Common Pleas in the County of Chesterfield and State of South Carolina against James A. Brock et al praying that the real estate of Squire H. Brock deceased be sold for Partition. James Albert Brock was the oldest surviving son. The land (85 acres) was sold to Samuel W. Brock for $51.50.   

But, what happened to the money? No probate record or any other equity record of any kind has been found detailing what happened to the proceeds of the Squire H. Brock partition. That includes all the personal and real property belonging to the estate. Chesterfield County Land Deed Book 15, pages 174-177 documents the selling of the land but it doesn't show what happened to the money.  The Land Deed is 4 pages but for the sake of brevity I have only included page 174 of Deed Book 15. The entire deed can be downloaded at: archiveviewer.uslandrecords.com/sc/chesterfield


Transcription: 

G. J. Redfearn}
               Clerk}    Deed
to         }
Samuel W. Brock}

The State of South Carolina
             To all to whom these Presents shall come or be made known, or whom the same may in anywise concern (pg 175) 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 did exhibit his complaint in the Court of Common Please 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 hears on the 30th day of June one thousand eight hundred and Ninety-seven 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 purposes 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 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 Fifty-One & 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 on 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 released, and by these presents Do grant, bargain, sell and release unto the said Samuel W. Brock and his Heirs and (pg 176) 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 lines running S. 29 E. 41.70 forty chains seventy links to stake in Meadow branch N. 13 1/4 E. 2 chains and 64 links to stake, thence N. 35 W. 10 chains to popular thence  N. 55 W. 12 chains to stake, thence N. 14 E. 11 chains 30 links to stake, thence up run of Westfield Creek to stake thence S. 32 E. 22 chains 82 links to beginning -- the same containing Eighty-five 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 the 29th day of 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 reversions and remainders, rents, issues, and profits thereof: and also all the estate, right, 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 others 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 one thousand eight hundred and Ninety-eight (pg 177) and in the one hundred and Twenty-third year of the Sovereignty and Independence of the United States of America.   
Sealed and delivered}                                                   G. J. Redfearn      {Seal}
in presence of}                                                              Clerk of Court
J. P. Mangum}
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 Book C, page 291.
Fee $.25
                                                                      R. E. Rivers
                                                         Auditor Chesterfield County, S.C.
        

Squire H. Brock is either my 3rd Great Grand Uncle or 3rd Great Grandfather. 


_______________________

[1]. G. J. Redfearn to S. W. Brock Deed; Deed Book 15, Pages 174-177; Chesterfield, Chesterfield County, SC; Recorded 21st November, 1898.

[2]. Squire James Rivers Family Bible Family Bible Holy Bible, DEATH DATE; S. H. BROCK died February 10, 1888, Obtained from Judy McNeill.

[3] James C. Pigg, Chesterfield County Cemetery Survey; Chesterfield County Genealogical Services, 1995, page 1072. Tombstone of Rachel Parker Brock; 27 July 1810–25 May 1887, Brock Cemetery, Chesterfield County, South Carolina.


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