Sale of the Marcus I. Huneycutt Land

Marcus I. Huneycutt and Charity Dry are my paternal third Great Grandparents. On 26 September 1848, Marcus, aka Mark, received Grant No:#151 receiving 100 acres of Land in Stanly County, NC on Strong Run Creek.

Mark Honeycutt Grant

State of North Carolina      No 151

Know ye that for and in consideration of the sum of five dollars for every hundred acres hereby granted paid into our treasury by Mark Honeycutt hath given and granted and by these presents do give and grant unto the said Mark Huneycutt a tract of Land  containing one hundred acres lying and being in the County of Stanly on Strong Run Creek adjoining Josiah Tucker formerly Leonard Tucker Beginning at a post oak by two post oaks in said Tucker's line and runs south sixty five west thirty one chains and seventy five links crossing Stoney Creek three times to a stake by two post oaks and a red oak thence south thirty east thirty one chains and seventy five links to a red oak by a pine and post oak thence north sixty five east thirty one chains and seventy five links to the said Tucker's line thence with it north thirty west thirty one chains and seventy five links crofsing said creek to the Beginning Entered 9th August 1847

As by the plat hereunto annexed doth appear together with all roads waters mines minerals hereditaments and appurtenances to the said land belonging or appertaining to hold to the said Mark Huneycutt his heirs and assigns forever yielding and paying to us such sums of money yearly or otherwise as our general assembly from time to time may direct provided always that the said grantee shall cause this grant to be registered in the registers office of our said County of Stanly within twelve months from the date hereof otherwise the same shall be void

In testimony whereof we have caused these our letters to be made patent and our great seal to be here unto affixed. Witnefs William A. Graham our governor at Raleigh the 28th day of September in the 75th year of our Independence and in the year of our Lord one thousand eight hundred and forty eight

By command Wm Hill Secretary of State.             Will A. Graham

Registered 14th May 1849.                  Saml. L.  Stone, Regs

Stanly County Deed Book 2, pages 191-192.

 

The land remained in his possession until his death. After his death the land remained in the family until it sold in 1905.   

Marcus was alive and well in the early 1860’s as shown on the 1860 Census.

Sometime after the 1860 Census was enumerated on 5 June 1860, Mark Huneycutt passed away. He is not listed on his farm in the 1870 Census. No death date has been found for Mark Huneycutt. If you have any information concerning Mark and his passing I would love to hear from you.   

Probate of his estate can be found here: https://www.familysearch.org/ark:/61903/3:1:3QSQ-G9CF-K148

The earliest date found within the Probate file was May 1902 and it looks as if the final probate occurred on 1 Jan 1913. [Image 843 of 1964] 

The BIG Question is Why did his family wait from the 1860's until 1902 to Probate his Estate? 

There was still litigation ongoing between the heirs in 1911. One of these heirs was my paternal Grandmother, Lucy Pearl Deese, b. 17 January 1885 and her two sisters, Etta and Theresa Deese. 

ELI M. HUNEYCUTT ET. AL. TO M. I. HUNEYCUTT (JUDGMENT)

North Carolina} In Superior Court,

Stanly County.} March Term, 1911

Eli  M. Huneycutt, A. J. Huneycutt, J. W. Huneycutt, A. S. Huneycutt by his guardian P. J. Huneycutt, Mary P. Brooks, Tobitha J. Rowland, Thomas S. Huneycutt, Charles A. Huneycutt, John Huneycutt, Mary Hartsell, Sarah Whitley, and her husband Davidson Whitley, Cora Hatley, William Hatley, Seymore Hatley, Silas Hatley, Lula Hatley,  the last four named by their guardian Elam Hatley, Hattie W. Hatley, Leander Hatley, Gaston Hatley, John F. Hatley, Thomas J. Hatley, Charles E. Hatley, the last six by their guardian Ephriam Hatley, E. H. Huneycutt, L. W. Huneycutt, L. E. Love, and her husband Charles Love, Cora Taylor and her husband James Taylor, R. C. Huneycutt, Madie Hartsell and her husband, John Hartsell, Ina Kennedy and her husband Travis Kennedy, Anna Eudy and her husband, Jason Eudy, Lilly Huneycutt, Vassie Huneycutt, Love Huneycutt, the last three by their next friend E. H. Huneycutt, Malindy Strancill, Elizabeth Stancill, John Stancill, Margaret Lett and her husband Dr. –Lett, R. F. Huneycutt, A. J. Huneycutt, Jr., M. E. Rigler and here husband E. W. Rigler,T. L. Oxenham and her husband, W. H. Oxenham, S. E. Christopher, Minnie Osborn, Charles E. Rigler, Elizabeth Clontz, Nellie Clontz, W. J. B. Clontz, Ernest Clontz, the last three by their guardian J. W. Clontz, John Rigler, William Garbaldi and John Gardbaldi.

 

VS

M. I. Huneycutt

 

This cause coming on to be heard at this term of Court, and it appearing to the Court that the parties hereto have agreed upon terms of compromise of all matters and differences between them: It, is now on motion of attorneys for both parties, adjudged by the court in accordance with the terms of compromise agreed upon by the parties and by consent of all the parties as follows:

1- That the Plaintiffs recover of the Defendant the sum of Five Hundred Dollars and that this judgment shall be and constitute a lien on the lands hereinafter described until the said sum of Five Hundred Dollars, is paid, without interest if paid within sixty days from March 13th, 1911; and in case the said Defendant shall not pay said sum within said time, R. Lee Wright and R. L. Smith are hereby appointed Commissioners to sell said land at public auction, after due advertisement of the same for thirty days, and to apply the proceeds of the sale of said land to the payment and discharge of said sun of Five Hundred Dollars, with interest on the same after the expiration of sixty days from said date, and execute title to the purchaser, and pay the surplus, if any, to the said Defendant.

2- That the Defendant pay the costs of the auction to be taxed by the Clerk, and judgment is hereby rendered against him for said costs.

Pg 84

3- It is further adjudged and decreed that the Defendant, M. I. Huneycutt, is the owner in fee and entitled to the possession of the following described tract of land in controversy in this action said tract of land situate in Stanly County, N. C., in Furr Township, adjoining the lands of R. S. Smith, George Crayton heirs, C. Crayton, Frank Whitley, L. G. Brattian, I. J. Barbee, and N. F. Barbee, known as the Mark I. Huneycutt, lands, and bounded and described as follows:

 

Beginning at a stake in a road, said stake being formerly a blackgum, and runs thence South 64 West 22 3/10 chains to a stake by two white oaks; thence North 72 ½ W. 20 chains to a stake in the Sam Hinson old line; (now R. S. Smith’s line) thence North 4 East 52 ½ chains to a stake in the C. Crayton line; thence South 57 East 33 chs. To a stake by two large red oaks in the L. G. Brattain’s line formerly Turner’s line thence South 10 east 31 chains to the beginning, corner, the same being in Brattain and Barbee’s line; said tract of land containing about one hundred and fifty acres and lying on both sides of the public road leading from Albemarle to Locust and known as the Charlotte Road.

 

Subject, however, to the exception of a small lot of land herein described and conveyed to Providence Methodist Church on the South side of the public road and on the east side of said tract of land; the deed to said church lot being now duly registered in the Office of the Register of Deeds of Stanly County, and reference is hereby made to the said deed for complete lines, boundaries and description of said lot.

 

It is understood and agreed by and between the parties hereto that the Lands herein described as belonging to the defendant do not embrace or cover any part of the land conveyed by deed from E. M. Huneycutt, and by the said Huneycutt to L. G. Brattain and now in the possession of the said L. G. Brittain; and reference is hereby made to said deeds for a complete description of said lands now in possession of the said L. G. Brittain; said deeds being duly recorded in the office of the Register of Deeds of Stanly County, in Book 34 of deeds, pages,45 and 46, and Book No. 36 of Deeds page 279, respectively.

 

It is further ordered and decreed  by the Court that this judgment shall have the force and effect to transfer and confirm the title to the said lands herein above described as belonging to him, the said defendant M. I. Huneycutt to him; and that this judgment shall operate as a conveyance from the Plaintiffs to the Defendant of the said lands in as full and ample form and manner as a deed for the said lands in fee-simple executed in due form by the Plaintiffs to the defendant, and this notwithstanding the want of capacity in any of the Plaintiffs to make a conveyance of the said lands.

 

It is further ordered and adjudged that this judgment shall be registered in the office of the Register of Deeds of Stanly County under the same rules and regulations as would be observed if the Plaintiffs had executed a form conveyance of the said lands to the defendant.

                                      Signed.      C. C. Lyon__________

                                                                   Judge Presiding.

By Consent.

A. C. Huneycutt

J. C. Wright

R. Lee Wright

    Attorneys for Plaintiffs.

 

R. L.Smith.

R. E.Austin

Thos. J. Jerome

          Attorneys for Defendants

 

North Carolina,}

                             In The Superior Court.

Stanly County.}

          I, A. P. Harris, Clerk of the Superior Court of Stanly County, State of North Carolina, do hereby certify that the foregoing and attached four (4) sheets is a true and accurate copy of the judgment of the Superior Court of Stanly County at March term, 1911, as the same is taken from and compared with the original on file in the office of the Clerk of the superior Court of Stanly Court, and recorded on the Minute Docket of said Court in Book 7, pages 322, 323, 324, 325,  and 326, Let the Judgment with this certificates, be registered, In witness whereof I have hereunto signed my name and attached the seal of said Court, at office in Albemarle, this 20th day of March, 1911.  

A. P. Harris              

Clerk Superior Court

 

Register of Deeds Office, Stanly County, N. C.

Filed or registration in this office, on the 20th day of March 1911 at 9 o’clock A. M., and was duly registered.      s/J. M. Boyett

                                                                   Register of Deeds.

[DEED BOOK 42, Pages 83 & 84]

At this point the heirs may have made come to terms of compromise of all matters and differences between them and Martin Irenus Huneycutt has purchased the 100 acres tract of Land known as the Mark Huneycutt Lands. This is not the end of the story. 

On 21 September 1905, we find Martin Irenus Huneycutt and 2nd wife Eunice “Nicey" Huneycutt acting as agent for the Mark Huneycutt Heirs selling this 100-acre tract to Dr. J. R. Jerome for a mere twenty-five (25) dollars. NOTE: That T. J. Jerome was one of the Attorneys for Defendants.

No one that I am in contact with seems to know when Marcus "Mark" Huneycutt or his wife Charity Dry passed away. If you have any information on Mark or Charity Huneycutt I would love to hear from you. 

Marcus I. Huneycutt and Charity Dry are my paternal third Great Grandparents. 

Related Article: 

• https://carolinafamilyroots.blogspot.com/2015/10/its-family-timemarcus-mark-i-huneycutt.html

_____________________________________

1. 1820 U S Census, Stanly County, North Carolina, population schedule, Cabarrus County, North Carolina, Page: 215; Line 13, Household of Mark HONEYCUTT; digital images, Ancestry (www.ancestry.com: viewed 31 July 2015); citing National Archives Microfilm M19, Roll 119.

2. 1850 Census, Stanly County, North Carolina, population schedule, Furrs, Stanly County, North Carolina, Page: 38B; Line 28, Dwelling 542, Family 545, Household of Mark HONEYCUTT; online database, Ancestry.com (http://www.ancestry.com: viewed 31 July 2015); citing National Archives Microfilm Publication M432, Roll 645.

3. 1860 U. S. Census, Stanly County, North Carolina, population schedule, Stanly County, North Carolina, Page: 9 (stamped); Line 30, Dwelling 113, Family 113, Household of Mark HUNEYCUTT; online database, Ancestry.com  (http://www.ancestry.com: Viewed 31 July 2015); citing National Archives Microfilm Publication M653, Roll 914.
3. Grant No:151 - Mark Huneycutt, 26 September 1848; NC Land Grants, Book No:154: Page No:124; Warrants, Receipts and Plats; Office of Secretary of State, Raleigh, North Carolina.
4. North Carolina, Deed Book: Volume 2, pages 199 & 200, Mark Huneycutt to Tobias A. Huneycutt; Register of Deeds, Albemarle, Stanly County, North Carolina.
5. Stanly County, North Carolina, Probate Files & Loose papers, Mark I. HUNEYCUTT; digital images, Church of Jesus Christ of Latter Day Saints, FamilySearch (http://www.familysearch.org: viewed 31 July 2015); Mark I. Huneycutt.
6. Marcus Honeycut - Charity Dry, (18 March 1822), North Carolina Marriage Bonds, 1741-1868: Bond #: 000008471; Ancestry, Raleigh, North Carolina, North Carolina.
7. Stanly County, North Carolina, Probate Files & Loose papers, Mark I. HUNEYCUTT; digital images, Church of Jesus Christ of Latter Day Saints, FamilySearch (http://www.familysearch.org: viewed 31 July 2015); Mark I. Huneycutt.
8. Stanly County, North Carolina, Deed Book 35: Pages 352 & 353, M. I. Huneycutt & wife Nicey Huneycutt to Dr. J. R. Jerome; 1 September 1905, Register of Deeds, Albemarle, Stanly County, North Carolina.

52 Cousins~Eliza Ann "Lysian" Eddins

Eliza Ann "Lysian" Eddins was borne about 1812 to Williams Eddins and his wife Elizabeth Ingram of Chesterfield County, South Carolina.  She had 3 brothers and 2 sisters. 

At some point before March 1818, Williams and Elizabeth moved their family to Madison County, Alabama. There in 1828, Elizabeth Ingram passed away leaving her husband and 6 children;  the youngest a mere 3-year-old daughter. 

Williams next married Hannah probably right away in 1828 because of the children and his occupation as a farmer. No actual marriage notices or certificate has been found documenting this marriage. With Hannah, Williams had another 2 children; a son and a daughter.  

In 1832, Williams made a Deed of Gift to his Children and a grandson.

Williams Eddins, Wilson Eddins and PR Eddins, Pike County, Alabama, Deed Book A, page 83

27 Sep 1832

Pike County, Alabama

Pike county Deed Bk A, Page 83; Top of Page -Deed of Gift from Williams Eddins to grandson Pleasant R Eddins; Bottom of Page - Deed of Gift to children of Williams Eddins named William R, Calvin T, Matilda, Mahala Elizabeth, and Lysian (phonetic spelling for Lizzie Ann). Body of Deed of Gift says "William Eddins", but the Clerk notes the name "Williams Eddins" in the certification and "Williams Eddins" in the signature on page 84.

Also in June 1832, his daughter Eliza Ann noted as Lysian in the deed married  Eli Trevathan. This marriage took place on 12 June 1832 in Pike County, Alabama. Eli was previously married and brought small children into the marriage. Eli was previously married and brought small children into the marriage.  

On 7 August 1833, Eliza Ann “Lysian” (Eddins) Trevathan gave birth to her first child – Elizabeth Trevathan.

Eli Trevathan and Eliza Ann Eddins had the following child:

i. Elizabeth Trevathan, born 7 Aug 1833, Pike County, Alabama; married William Myrich Stewart, 24 Jan 1850, Colorado, Texas; died 26 Feb 1925, Goldthwaite, Mills, Texas.

Sadly, on 30 September 1833, Eli Trevathan passed away leaving Eliza Ann a Widow with a baby to care for. 

It's almost certain that during this time Eliza Ann with her baby Elizabeth moved back home with her parents. During this time, she must have met and married a scurrilous individual by the name of Jacob Lynch. No Marriage documents have been found for this marriage, but it occurred before 2 May 1836 based on the last Probate entry below. [See red letter comments]  

Its seem that the first thing on Jacob Lynch’s mind was to dupe his stepdaughter out of the legacy her Grandfather Eli Trevathan left for her. 

It appearing to the satisfaction of this court that the security given by Jacob Lynch Guardian of the person and property of Elizabeth Trevathan minor is insufficient it is hereby ordered that a citation issue to the said Jacob Lynch commanding him to appear before this court at the next term thereof to be holden on the first Monday in March next and give further and sufficient security by bond in the usual form as the guardian of the person and property of Elizabeth Trevathan minor. 

It appearing to the satisfaction of this court that Jacob Lynch guardian of the of Elizabeth Trevathan minor, has rendered to this person and property court no inventory of the goods and chattles rights or credits that have come to his possession as such guardian, and it further appearing that the said Jacob Lynch took out letters of guardianship on the person and property of the said Elizabeth Trevathan and was qualified as such on the 2nd day of May 1886 It is therefore ordered that a citation issue to any sheriff of the State of Alabama to sum on the said Jacob Lynch Guardian as aforesaid  (Page 10) to appear before this Court on the first Monday in March next then and there to return an inventory of all the goods and chattles rights and credits belonging to said minor that has come to his possession as such guardian that the same may be filed and recorded in the office of the clerk of this Court. 

It appearing to the satisfaction of this court that Jacob Lynch guardian of the person and property of Elizabeth Trevathan minor has rendered to this court no account of his acts as such guardian and has made no settlement of his accounts as guardian as aforesaid. And it further appearing that the said Jacob Lynch took out letters of Guardianship on the person and property of the said Elizabeth Trevathan and was qualified as such on the 2nd day of May 1836.  It is therefore ordered that a citation issue to any Sheriff of the State of Alabama to summon the said Jacob Lynch guardian of the person and property of Elizabeth Trevathan to appear before this court on the first Monday in March next then and there to exhibit his accounts and vouchers as such guardian that the same may be examined audited and stated by this Court. [https://www.familysearch.org/ark:/61903/3:1:33SQ-GB35-34C]

It is not known what happen to Jacob Lynch but on 20 January 1845, Eliza Ann Lynch married William H. Strahan her 3rd husband. 

Eliza Ann Lynch is now living in Texas having moved from Alabama sometime between the death of her 1st Husband (1833) and her marriage to her 3rd husband (1845). I haven’t found any info on Eliza Ann between 1845 and 1850 but she is not in the 1850 Census and William H. Strahan is now married to a lady by the name of Elizabeth M. Wicker on 25 May 1850 in Colorado County, Texas.

William H. Strahan and Eliza Ann Eddins had the following children:

i. John Robert "Uncle Bob" Strahan, born 2 Oct 1846, Eagle Lake, Colorado, Texas; married Elizabeth Cornelia Walker, 2 Sep 1868; died 2 Nov 1924, Houston, Harris, Texas.

        ii.     Elijah Strahan, born abt  1948. Does not appear in 1860 Census with his father and stepmother. 

Eliza Ann (Eddins) (Trevathan) (Lynch) Strahan died between 1845 and 1850 in Colorado County, Texas. 

William H. Strahan died 28 February 1873 in Colorado County, Texas.

[NOTE: William H. Strahan was involved in a lawsuit in the mid-1880s. The document contains a lot of Genealogical information. If you are researching William H. Strahan and his 3 wives, I highly recommend you read and mark up this Lawsuit. {LDS FILM #1927811, Final records District Court, 1839-1876; Texas. District Court (Colorado County) Image 101 of 932}; https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS9S-K3QG-D] 

Eliza Ann (Eddins) (Trevathan) (Lynch) Strahan is my 1st Cousin 4X Removed. 

_________________________________

Williams Eddins also known as (AKA) Williamson & Washington

1. 1850  U. S. Census, Colorado County, Texas, population schedule, Colorado, Colorado, Texas, Page 27B (Stamped), Line 17, Dwelling: 28, Family: 30, Household of William H. STRAHAN; digital images, Ancestry.com (http://www.ancestry.com : viewed 20 November 2022); citing National Archives Microfilm M432.

2. "Alabama, County Marriage Records, 1805-1967," database, Ancestry (http://www.ancestry.com : viewed 20 November 2022), Eli Trevathan and Eliza Ann Eddins, Film Number: 001033193.

3. "Texas, County Marriage Records, 1817-1965," database, Ancestry (http://www.ancestry.com : Viewed 20 November 2022), Marriage: W. H. Strahan & Eliza Lynch, Film Number: 000969533.

4. 1860 U. S. Census, Colorado County, Texas, population schedule, Eagle Lake, Colorado, Texas, Page#69/149B(Stamped), Line:#28, Dwelling:#463, Family:#440, Household of  W. H. STRAGHAN; digital images, Ancestry.com (http://www.ancestry.com : viewed 20 November 2022); citing  National Archives Microfilm M653.

5. Find A Grave, Inc., Find A Grave, database and digital images, (http://www.findagrave.com : accessed  20 November 2022); Memorial page for William H. Strahan; (23 February 1805–28 February 1873); Find a Grave memorial # 68423099, Citing Reels Bend Cemetery; Colorado County, Texas, USA.

Amanuensis Monday~1845 Land Deed naming Heirs-at-Law of Eldred Gulledge

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 1845 Land Deed naming Heirs-at-Law of Eldred Gulledge

Know all men by these presents, that we Sarah Gulledge (widow of Eldred Gulledge, Dec'd and Burrel Gulledge, Thomas Gulledge, Daniel Gulledge & John Gulledge only sons and heirs of the said Eldred Gulledge Decd and John T Poston and Eliza Poston his wife, also heirs of the said Eldred Gulledge Decd and all of Chesterfield District in the State of South Carolina, For and in consideration of the sum of seventy five dollars to us in hand paid by William F. Danmica of Howard County (Pg  59) in the State of Missouri, the receipt whereof is hereby acknowledged, have granted bargained and sold and do by these presents grant bargain and sell unto the said William Danmica his heirs and assigns the following described tract or parcel of Land lying and being in the County of Chariton and State of Missouri to wit containing hundred and Sixty acres of Land being the South East quarter of Section Number thirty three in Township number fifty three of Range number Sixteen, it being the the <sic> same patented to us as the heirs and legal representatives of the said Eldred Gulledge Dec'd which said described land was granted to us for the survey of the said Eldred Gulledge in the late wars of the United States with Great Britain, To have and hold the aforesaid  tract of land unto him the said William F Danmica his heirs and assigns forever , And we do further Warrant and Defend the title of said land against the claim or claims of all and every person whatsoever claiming under or through S. In testimony whereof we the said Sarah Gulledge, Burrel Gulledge Thomas Gulledge John Gulledge John T Poston and Elizabeth Poston his wife have hereunto set our hands and Affixed our Seals this nineteenth day of August in the year of our Lord one thousand eight hundred and forty-five.  

                                       Sarah X  her mrk Gulledge {seal}

Signed Sealed and Delivered}  Burrel x his mrk Gulledge {seal}

in the presence of}                                        Thomas Gulledge 

Daniel Campbell                                       Daniel Gulledge 

Joseph Seker                                                John Gulledge

                                                                    John S. Poston

 State of South Carolina}

Chesterfield District} I Sman Morgan ann  

I Kenan L Morgan an acting Magistrate for the State and district aforesaid, do hereby certify unto all whom it may concern that Elizabeth wife of the then (or above) named John S Poston did this day appear before me and upon privately and Separately examined before me did declare that she did freely and voluntarily without any compulsion or fear of any person or persons whomsoever renounce release and forever relinquish unto the within named William F Danmica of Howard County in the State of Missouri his heirs and assigns all her interest and Estate and allso her right and claim and dower of in and to all and singular the premises, within mentioned and released. Given under my hand and seal this 21st day of August A. D. 1845.

                                                 Elizabeth x her mrk Poston {seal}

R. Morgan May {LS}

State of South Carolina, Chesterfield District} Before me personally came this day David Campbell who after being duly sworn says that he was present and saw Sarah Gulledge Daniel Gulledge Burrel Gulledge Thomas Gulledge and John Gulledge and John S Poston Sign Seal and to their own act and declare the within deed of Land to William F Danmica for the purposes therein contained and this deponent further says that Joseph Decker was present with him and was subscribing witness to the same.                                                            Samuel Campbell 

sworn to before me this 21st August 1845. K T Morgan Majt {seal}

The State of South Carolina, Chesterfield District} I John C Evans Clerk of the Court of Common Pleas and General Session for said District do hereby certify that K. T. Morgan whose name appear to the above affidavit is now and was at the time of the signing the same an acting Magistrate in said District and that due faith and credit should be given to his acts as such, Given under my hand and the seal of the said Court at Chesterfield Court house the Twenty Sixth day of August Anno Domini 1845.

Filed & Recorded 2d October /45           Jno C Evans Clerk

_________________________________

https://www.familysearch.org/ark:/61903/3:1:3Q9M-C39T-PQ54-R

52 Cousins~ Temperance A. "Tempie" Brock, wife of Samuel Merkerson Parr

Temperance A."Tempie" Brock was born 10 August 1858, a daughter of Benjamin Brock and Jane Freeman, her Grandparents were Benjamin Brock and wife Temperance [Last name unknown] and Jesse Freeman and Sarah Jane Davis. 

We know from later records that Tempie was born in 1858. But the first mention of her, found to date, was after her marriage and can be found in the Jesse Freeman “Bill of Complaint” dated 25 October 1881. The fate of her parents is also unknown. First, we know that Jane Freeman died before Oct 1881 from the “Bill of Complaint”. We know that she and Benjamin had at least three children; two sons and a daughter. One son is known to have died young and that's the most likely fate of the other son. 

“your Complainants Mary Ann Wadsworth and Effie Purvis and also and <sic> granddaughter named Temple Parr, the wife of Samuel Parr who is a child of a daughter of testor named Jane which said daughter of testator had been intermarried with one Benjamin Brock and predeceased her said Father Jesse Freeman.” 

Benjamin Brock - The fate of Benjamin is also unknown. The “Bill of Complaint” says Jane ...said daughter of testator had been intermarried with one Benjamin Brock. We know Jane is deceased, but this statement suggests that she is no longer married to Benjamin Brock. Why? Could this be the reason:  

TOWN COUNTY AND STATE NEWS- THE MURDERS OF KNIGHT- So far as can we learn, the murders of Knight, are still at large. The probability is they have left the State. The two men charged with the crime, Robert Lewis and Ben Brock, are somewhat noted characters. The former it will be recollected was tried in Chesterfield District, South Carolina, last summer for homicide - it was said for causing the death of a man in Cheraw by striking him on the head with a bottle and the latter it is understood is a refugee from the State of Mississippi for causing or very near causing the death of a man by cutting him with a knife. It is presumed if the parties have left the State, the State authorities will take early and energetic measures to have them arrested and brought to justice. The majesty of the laws must be maintained, and their strong arm should be felt no matter where the perpetrator of crime should seek to hide himself. We understand that parties in South Carolina say that the offer of sufficient reward they will produce one or both of the parties. Probability is they are hiding just over the State line and these parties know where they are hiding...

[ARGUS (Anson County, NC), 23 February 1860, page 3]

The 1850 Census where Ben (age 16) is unmarried and this newspaper clipping [ARGUS (Anson County, NC), 23 February 1860, page 3] are the only documents found that mention Ben Brock. 

The entire “Bill of Complaint” can be found in this blog post.

https://carolinafamilyroots.blogspot.com/2012/07/will-real-ann-freeman-step-forward.html

Tempie Brock and Samuel Merkerson Parr were married in 1873. This date is based on the information given in the 1900 Census. Samuel and Tempie stated they had been married 27 years with 9 children of which 6 were living. Their first-born child, Benjamin Franklin Parr was borne Jan 1879 in Chesterfield County, South Carolina.  In the Census and other records, I could only find 5 of these 9 children.  

Samuel Merkerson Parr and Temperance A. Brock had the following children:

i. Benjamin Franklin Parr, born Jan 1879, Chesterfield, Chesterfield, South Carolina; married Nettie Hall, 11 Jul 1914, Chesterfield County, South Carolina; died 24 Mar 1926, Chesterfield, Chesterfield, South Carolina.

ii. James Melton Parr, born 13 Sep 1885, Hartsville, Darlington, South Carolina; married Eunice Victoria Steen, 1904; died 24 Nov 1939, Charleston, Charleston, South Carolina.

iii. Carrie Anne Parr, born 23 Dec 1885, Fairfield County, South Carolina; married Reuben Harvey Easler, 13 May 1906; died 24 Feb 1970, Columbia, Richland, South Carolina.

iv. Mary Luetta Parr Williams Scott Parr, born 13 Jun 1888, Bishopville, Sumter, South Carolina; married John Henry Williams, abt 1908; married William Henry Scott, abt 1927; died 20 Jun 1971, Columbia, Richland, South Carolina.

v. Arrie Lee Parr, born 10 Sep 1893, Chesterfield, Chesterfield, South Carolina; married Washington Nelson Green; died 23 Dec 1963, Columbia, Richland, South Carolina.

Temperance A. “Tempie” (Brock) Parr passed away on 20 Nov 1918 in Columbia, South Carolina. Samuel M. Parr passed away on 24 July 1928 in Columbia, South Carolina. 

Temperance A. “Tempie” (Brock) Parr is my 2nd Cousin 3X Removed. 

_______________________________________

1. Find A Grave, Inc., Find A Grave, database and digital images, (http://www.findagrave.com : accessed  February 2024); Memorial page for Samuel Merkerson Parr; (April 1849–24 July 1928); Find a Grave memorial # 86522763, Citing Elmwood Memorial Gardens; Columbia, Richland County, South Carolina, USA.

2. 1850 U S Census, Chesterfield County, South Carolina, population schedule, Chesterfield, South Carolina,, Page:#115 (Stamped); Line:#34, Dwelling:#263, Family:#263, Household of  Samuel PARR; digital images, Ancestry.com (http://www.ancestry.com : vbiewed February 2023); citing  National Archives Microfilm M432 Roll 851.

3. 1870 U. S. Census, Lexington County, South Carolina, population schedule, Congaree, Lexington, South Carolina, Page#377; Line:#09;, Dwelling:#672; Family:#670, Samuel PARR; digital images, Ancestry.com (http://www.ancestry.com : online February 2024); citing  National Archives Microfilm M593.

4. 1900 U. S. Census, Sumter County, South Carolina, population schedule, Bishopville Township, Sumter County, South Carolina, enumeration district (ED) #103, Page 11A, Line 2, Dwelling 199, Family 202, Household of Samuel PARR; digital images, Ancestry.com (http://ancestry.com : viewed 2002); citing National Archives Microfilm T623_Roll: 1542.

5. 1910 U. S. Census, Richland County, South Carolina, population schedule, Columbia Township, Richland County, South Carolina, enumeration district (ED) #0077, Page 132, Line 38, Dwelling 160, Family 160, Household of Samuel PARR; digital images, Ancestry.com (http://ancestry.com : viewed 2009); citing National Archives Microfilm  T624_1471.

6. Samuel M Parr, death certificate 013363 (24 July 1928), Vital Records, Department of Health and Environmental Control, Columbia, Richland County, South Carolina.

7. SAMUEL PARR DIES AFTER LONG ILLNESS obituary, The State, Columbia, Richland County, South Carolina, 25 July 1928, page 2, column 8. Pellagra.

8. Old Darlington District Chapter S.C.G.S., "Anson County, NC – Darlington District, SC Connections;," Darlington Flag, Vol. XV, No. 3 (Summer 2003): pages 21-23.

9. Charles Freeman, "COMPLAINT FOR RELIEF," Chesterfield District Chronicle, Vol. 5, No. 1, Winter 2002, Newsletter , Chesterfield County Genealogical Society (https://www.facebook.com/groups/131108983604237/), Pages 21-23.

10. Zimpie Parr, Columbia, Richland County, South Carolina death certificate 027309 (20 November 1918).

11. Mrs. Temple Parr obituary, The State, Columbia, Richland County, South Carolina, 21 November 1918, page 10, column 3. Aged Woman Passes.

12. Find A Grave, Inc., Find A Grave, database, "Record, Temple "Tempie" Brock Parr (10 August 1858–20 November 1918), Memorial # 86492973.

Hardy Sellers. Sr. Estate~Bill for account and partition

 Levina Sellers Hardy H Sellers}

 & Zilpha Sellers} Bill for account and partition 

John Evans & Turner Bryant &}

 John Sellers & others}

The State of South Carolina}

Cheraw District} In Equity 

To the Honorable the Chancellor of the said State Humbly complaining shew unto your honors your oratrix Levina Sellers and your orator and Oratrix Hardy Huntley Sellers and Zilpha Ann Sellers that Hardy Sellers, Senr. late of the (page 298) District of Chesterfield and State aforesaid departed this life some in the month of January in the year of our Lord one thousand Eight hundred and thirty leaving  your orator and Oratrix Hardy Huntley Sellers  and Zilpha Ann Sellers the issue of the marriage of the said deceased with your oratrix Levina Sellers together with the following children and grand children the issue of a former Marriage of the said Hardy Sellers Senr.  Viz John Sellers Abraham Sellers Philip Sellers Richard Sellers Mary intermarried with Thomas Gaddy Eliza Gulledge James Gulledge and Phobe Gulledge the children of Phobe a daughter of the said Hardy Sellars Senr who departed this life previous to the death of the said Hardy Sellars Senr. and Iverson L Briley the son of Jane and daughter of the said Hardy Sellars Senr who departed this life previous to the death of the Hardy Sellars, Senr---- and your oratories and oration further shew further shew unto your Honors that the said Hardy Sellars Senr in his lifetime was seized and possessed of a large real and personal Estate and that previous to his death viz on the fourteenth day of July in the year of our Lord one thousand eight hundred and thirty four the said Hardy Sellars Senr Made and duly executed his last will and testament a copy of which is herewith filed and marked Exhibit A which your oratrix and orator pray may be taken as part of this their Bill and referred to as often as may be necessary and your Orator and Oratrix further shew unto your Honors that upon or soon after the death of the Testator, John Evans and Turner Bryan two of the Executors in the said last will and testament named - proved the said will and took upon themselves the execution thereof and have since possessed themselves of the estate of Hardy Sellars Senr to an amt Much more than sufficient for the payment of his just debts, funeral expenses and legacies -- and your oratrix and orator further showeth unto your honors that being desirous of enjoying in severalty their portions bequeathed to them by the said (page 299) Hardy Sellers Senr. have applied to the said Evans and Bryant Executors aforesaid in a peaceable and friendly manner to make partition among the several Legacies and dowers in said will mentioned according to the provisions thereof all which reasonable request your oratrix and Orator will hoped the said Evans and Bryan would have complied with But now so it is may it please your honors the said Evans and Bryan have not complied - In tender consideration whereof and for as much as your oratrixes and orator are remediless at Common Law, and relievable only in this or honorable court to the end therefore that the said Evans and Bryan and the said John Sellers Abraham Sellers Philip Sellers Richard Sellars Thomas Gaddy & Mary his wife Elijah Gullage James Gullage and Phoebe Gullage and Iverson L Briley may full true and perfect answer make to all and singular the matters and thing herein set forth that the said Evans and Bryan may set forth fully the amount and value of the Estate of the said Hardy Sellars Senr. deceased and of what it consisted that they may fully account for all their actings and doings in the premises and particularly for their actings and doings as Executor of the said Hardy Sellars Senr. deceased in the management and conduct of the said Estate & that a writ or writs of partition may issue directed to certain individuals there in to be named commanding them or any three or more of them to make partition of the Estate of the said Hardy Sellars Senr. according to the rights of the parties and the provisions of the will of the said Hardy Sellars Senr. ---May it please your honors to unto and to your oratrixes and your orator a writ or writs of Subpoena to be directed to the said John Evans Thomas Bryan John Sellars Abraham Sellars Philip Sellars Richard Sellers (page 300) Thomas Gaddy and Mary his wife Elijah Gullage James Gullage Phoebe Gullage and Iverson L. Briley commanding them on a certain day and under a certain penalty therein named personally to be and appear before your honors in the court of Equity to answer the premises and to abide such order and decree in the premises as to Equity shall appertain and to your honors seem meet (Filed 28 June 1836 ) Robins & McIver Court Sol. 

This bill ordered pro confesso against John Sellars Richard Dollars Thomas Gaddy & Mary his wife Elijah Gullage James Grillage & Phebe Gullage defendants who are absent from without the Limits of this State. 9 Jany 1837 

                                                                Geo W Dargan Comr 

Copy Hardy Sellars, Senr Will 

Exhibit A The State of South Carolina}

 Chesterfield District} I Hardy Sellars Senr. of said State and District do make ordain and constitute this my last will and Testament 1st my son John Sellers who some time since removed to the West has received from me one tract of land on Thompsons Creek with six hundred dollars one negro man named Ned with five hundred dollars and two hundred and sixty dollars in money which I give him as a full share of my Estate real and personal I, my son Abraham Sellars I have previously given one negro man a med Jacob worth five hundred dollars besides sundry other articles I have not mentioned It is my will and I give him two other negroes viz, Lewis a boy and Penelope engine to be his full share of my Estate both real and personal 4/ my son Richard Sellars who lives in the Western Country has received from me one waggon worth one hundred dollars one hundred dollars in money one negro woman named Rhoda worth six hundred dollars and I give to his lawful begotten children three hundred dollars to be Equally divided between them as they arrive to the age of twenty one years to be raised as herein after directed to be his full share (page 301) of my estate both real and personal 5/My daughter Mary Gaddy has received from me two negroes some money and so forth to the amount of her share of my Estate both real and personal for which her husband Thomas Gaddy has given me a receipt to that effect 6/ To the three children of my deceased daughter Phebe Gullage - viz , Elijah Gullage James Gullage and Phebe Gullage I give to each three hundred dollars to bear interest from my death until they arrive to the age of twenty one years which sum is to be a full share of my Estate both real and personal to the three last children named -- 7/ To the son of my deceased daughter Jane Briley Iverson L Briley I give three hundred dollars to bear interest from my death until he arrive to the age of twenty one years which is to be a full share of my Estate both real and personal -- 8/ It is my will that Executors sell my two Tracts of Land one on Cruses Branch and one on Black Creek, and such other of my property as are not disposed of such as stock crop house hold and Kitchen furniture & to the amount of the Legacies already given and to be sold at their discretion and all legacies debts and Expenses being provided for by my Executors then the balance of my Estate not disposed of I give and dispose of in the following manner (that is to say to be Equally divided between my beloved wife Louisa my son Hardy Huntley Sellars and my daughter Zilpha A. Sellars my wife to have that part whereon the dwelling House and other out houses now stand and one third of the balance of my Estate not given away I Loan to my wife Levina during her natural life time or widow hood except the land as before mentioned to be for her use and benefit untill my son Hardy H. do arrive to the age of twenty one years (should she remain my widow so long at which time my son is to take possession of the said Lands and at the marriage or death of my said wife the whole of my estate not before given to my first set of children and grand (page 302)  children to be Equally divided between my son Hardy and daughter Zilpha A Sellars my son as before stated to have that part where on the buildings now stands - And I do here by nominate constitute and appoint my father-in-law Elder Joel Gullage and my friend John Evans and Turner Bryan Executors to this my last will and Testament in witness whereof I have hereunto set my hand and seal this 14th day of July in the year of our Lord one thou sand Eight hundred and thirty four and in the fifty ninth year of American Independance.

Signed sealed published and declared in the presence of the Testator and in the presence of us who have subscribed our names thereto.

Neel Smith}                                                                  Hardy Sellars Senr {seal}

Wm Hancock} 

Andrew J Hancock} 

Levina Sellars Hardy}

H. Sellars, Zilpha A Sellars}

vs }

 John Evans Turner Bryan}

John Sellers & others}

 The State of South Carolina 

Circuit - To John Evans Turner Bryan John Sellars Abraham Sellars Philip Sellars Richard [Sellars] Thomas Gaddy Mary Gaddy Elijah Gullage James Gullage Phoebe Gullage & Iverson L Briley your and hereby strictly commanded and firmly enjoined that all manner of Excuses he laid aside you personally be and appear before the Judges of the Court of Equity at Darlington Court House on the fourth Monday of June next then and there true and perfect answer to make up on your corporal oath on the holy Evangelists to all such matters as shall be objected against you in the bill of complaint of Levina Sellars Hardy H Sellars and Zilpha Ann Sellars and also that you do within thirty days immediately after the day above appointed and expressed file or cause to be filed in the Registry of said Court your plea answer or demurrer to the (page 303) said Bill of complaint hereof fail not under the pain of one hundred pounds - Given under the Seal of the Court at Darlington Court House - Witness Geo W Dargan Esquire Register of the Court of Equity in the said State for the said circuit at Darlington Court House the sixteenth day of June in the year of our Lord one thousand Eight hundred and thirty six and in the 60th year of the Sovereignty and Independence of the United States of America. 

{LS} Geo W Dargan C.C.C.D.                                         Robbins & Ever Solicitor

A copy of this ????? sent to be served on Iverson L. Briley which I have no doubt is done.  25 June 1836 

Served by Isaac Hearst 

Lavinia Sellars Hardy H} 

Sellars & a Sellars}|

Vs }  Answer of Turner Bryan Exor 

John Evans & Turner Bryan  Exor. & others}

South Carolina}   In Equity 

Cheraw District}  To the Honorable the Chancellors of the said State. The separate answer of Turner Bryan one of the Executors of Hardy Sellars, Senr. deceased to the bill of complaint of Levina Sellars Hardy Huntley Sellars and Zilpha Ann Sellars. This defendant now and at all times here after having and reserving to himself all and all manner of benefit and advantage of exceptions to the manifold errors and uncertainties imperfections and insufficiencies in the complainants said bill of complaint contained for answer there unto or unto so much or such parts as he is advised is advised is material for him to answer answers <sic> and says that Hardy Sellars, Senr. departed this life Seized and possessed in his life time of a considerable real and personal estate leaving a widow and children and grandchildren as is set forth in complainants bill that the said Hardy Sellars sent previous to his death (page 304) and on the day and year stated in complainants bill made and executed his last will and Testament a true copy of which is filed with said Bill - This defendant further answering says that soon after the death of the said Testator he and John Evans another of the Executor appointed by said will duly proved the same and took upon themselves the execution thereof and by virtue of their appointment as Executors did possess themselves of so much of the Testators Estate as they have been able to do-- This defendant for their answering says that real Estate of which his Testator died seized & possessed is Represented by a plat herewith filed and marked as Exhibit A. which defendant prays may be taken as part of this answer that the personal Estate is set forth in a Schedule (being a copy of the Inventory of appraisement) here with filed and marked Exhibit B, which defendant prays may be taken as part of this his answer which shows as well in what the said Estate consisted as the amount and value thereof this defendant submits to this honorable Court what Interest said complainants are entitled to in the Estate of his testator by virtue of the said Will and says he is ready & willing to account as this honorable court shall direct for all such parts of the Estate of the said Testator as have come to the possession of this defendants having all just and reasonable allowances made which he is entitled to as Executor and in all other respects (reserving to himself & his Co-Executor the payment of the Legacies in said will mentioned). This defendant submits to act as the Court shall direct & prays to be hence dismissed with his reasonable costs and charges and so forth.

                                 Exhibit B 

A true and perfect inventory of all the goods chattels and personal Estate of Hardy Sellars late of Chesterfield District deceased made by us whose names are hereunto subscribed the 4th day of February 1835.

Hardy Sellers, Sr. was twice married. His first wife was Mary Cook, daughter of  Abraham

Cook and his wife Phobe [last name unknown].

Children and grandchildren of the 1st marriage between Hardy & Mary Cook named within this Complaint are:   

• John Sellers 
• Abraham Sellers 
• Philip Sellers 
• Richard Sellers 
• Mary intermarried with Thomas Gaddy with children Eliza Gulledge James Gulledge and Phobe Gulledge
• Phobe a daughter of the said Hardy Sellars Senr who departed this life previous to the death of the said Hardy Sellars Senr.  
• Iverson L Briley the son of Jane, daughter of the said Hardy Sellars Senr who departed this life previous to the death of the Hardy Sellars, Senr---

Children of the 2nd marriage between Hardy & Levina Gulledge named within this Complaint are: 

• Hardy Huntley Sellers  
• Zilpha Ann Sellars

Hardy Sellers, Sr. is my 5th Great Grandfather

____________________________________

https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSL2-C31H-6?view=fullText&keywords=Levina%20Sellers%2CSouth%20Carolina%2CCarolina&groupId=TH-909-73509-107053-16

Image 411 of 587

Page 297 to 305

Darlington County, SC

Equity Records Book

LDS FHL Film#317576

1831–1841

52 Cousins~The Richard J. Eddins Families

Richard J. Eddins was born about 1833, a son of Richard Eddins and Elizabeth Wilson. He had four brothers and seven sisters. His parents, Richard and Elizabeth Wilson Eddins moved from Chesterfield County, South Carolina to Alabama before 1820. Based on the birth of their first 6 children all but Hosea was born in Alabama starting with William on 24 March 1816. Richard John T. Eddins, born about 1833, was the last child borne of this marriage.  

In July 1820, Richard Eddins executed the following Deed of Gift to his 7 named children.   

Know all men by these presents I Richard Eddings of the County of Walton and State of Alabama have this day given granted and delivered for the consideration of the Love and affection I bear to my beloved said children - Namely, Hosey, Harriet, Louisa, Jane,  William, Leadia [Lydia] & Jackson all Eddings), the following property Two Negroes Namely Sophia a girl and Elias a boy - two head of horses and twenty head of cattle forty head of hogs One Barge with a riding chair and one horse cast with all the household and Kitchen furniture and all and every other article of property that I the said Richard Eddings am now in possession of to their own proper use and I do at this time relinquish all right title claim and interest of the above named property to the aforesaid named children and their heirs and Lawfull assigns forever - In witness I have hereunto set my hand & Seal this this 29th day of July 1820. Richard Eddins 

Richard J. Eddins married Catherine Frances Wheeler about 1862 in Alabama. No marriage certificate or announcement has been found and the date is based on their known first-born child. The 1870 Census shows them with 2 daughters:

• Ellen R. EDDINGS, female, age 7, born in AL.
• Mary Jane EDDINGS, Female, age 3, born in AL. 

Sometime between 1880-1885, Catherine Frances (Wheeler) Eddins passed away. Richard J. Eddins then married Emma Morris on 15 January 1885 in Crenshaw County, Alabama. Emma was the widow of George Morris. Through this union was borne 4 children: 3 daughters and a son.     

Richard J. Eddins and Emma (Sullivan) Morris had the following children:

i. Millard T. Eddins, born 16 May 1886, Alabama; married Elizabeth D. Ward; died 18 Jan 1963, Santa Rosa County, Florida.

ii. Sarah Eddins was born in Feb 1890 in Alabama. 

iii. Susie E. Eddins was born on 2 Apr 1892 in Alabama.  She died on 8 Apr 1958 at the age of 66.

iv. Ida Eddins, born 29 Oct 1895, Alabama; married William Broxton Qualls, 18 Jul 1915, Walton, Florida; died 26 Jul 1985, Santa Rosa County, Florida.

Richard J. Eddins died on 2 January 1900. 

https://www.familysearch.org/ark:/61903/3:1:33SQ-G5JC-9C83

Emma (Morris) Eddings died on 28 July 1934 in Santa Rosa County, Florida. 

Richard J. Eddins is my 1st Cousin 4X Removed. 

NOTE: Online genealogical trees list this individual as Richard John Thrashley Eddins. However, his Fold3 Civil War service record is the only document found that identifies him as Richard J. T. Eddins. It does not indicate what the initials J. and T. stand for.

 

_______________________

1. Find A Grave, Inc., Find A Grave, database and digital images, (http://www.findagrave.com: accessed January 2023); Memorial page for Richard J. Eddins; (1833–1900); Find a Grave memorial # 12306158, Citing Jernigan Cemetery; Santa Rosa County, Florida, USA.

2. 1850 U. S. Census, Pike County, Alabama, population schedule, Pike, Alabama, Page: 262A (stamped); Line 16, Dwelling 1731, Family 1731, Household of Elizabeth EDINS; digital images, Ancestry.com (http://www.ancestry.com: viewed); citing National Archives Microfilm M432 Roll 13.

3. 1860 U. S. Census, Pike County, Alabama, population schedule, Eastern Division, Pike, Alabama, Page: 287(stamped); Line 3, Dwelling 762, Family 770, Household of Richard EDDINS; digital images, Ancestry.com (http://www.ancestry.com: viewed 3 April 2018); citing National Archives Microfilm M653 Roll 21.

4. Ancestry, "Civil War Service Records" database, Military Service Records (https://www.fold3.com/: accessed February 2023), entry for Richard J T Eddins, Pvt.; Co D 1st ALA Conscript C.S.A.; Confederate.

5. 1866 State Census, Pike County, Alabama, population schedule, Pike County, Richard Eddins; digital images, Ancestry.com (http://www.ancestry.com: online February 2023).

6. 1870 U. S. Census, Pike, County, Alabama, population schedule, Grimes, Pike, Alabama, Page: 366A(stamped), Line 27, Dwelling 56, Family 56, Household of Richard EDDINGS; digital images, Ancestry.com (http://www.ancestry.com: viewed 8 May 2019); citing NARA publication M593_37.

7. Land Deed - Richard J. Eddins and Wife Emma to Millard F. Eddins – Deed of Gift; 13 December 1886; Deed Book #K; Page(s) 509 and 510; The Chancery Clerk's Office; Troy, Pike County, Alabama; 16 December 2019.

8. Richard J Eddins, 4 October 1898; U.S. General Land Office Records, 1776-2015; Dept. of Archives and History, Montgomery, AL 36130.

9. Find A Grave, Inc., Find A Grave, database, "Record, Richard J. Eddins (1833–1900), Memorial # 12306158.

10. 1870 U. S. Census, Pike, County, Alabama, population schedule, Grimes, Pike, Alabama, Page: 366A(stamped), Line 27, Dwelling 56, Family 56, Household of Richard EDDINGS.

11. "Alabama, County Marriage Records, 1805-1967," database, Ancestry (http://www.ancestry.com: Online February 2023), Marriage: R. J. Eddins & Emma Morris, 001288731.

12. https://www.familysearch.org/ark:/61903/3:1:33SQ-G5JC-9C83

Early 1800 Equity Suit~James Moultrie vs John McNeil & Levicy his wife

 James Moultrie} 

vs             }                   Bill of Discovery

John McNeil & Levicy his wife} 

South Carolina} 

Cheraw District}    In Equity

 To the Honorable Hugh Rutledge William James Waddy Thompson William Henry Dessaussure and Theodore Gaillard Esquire Judges of the 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 of our Lord one thousand Seven hundred and ninety two Bargained with one William Sellers of Chesterfield District and State aforesaid for a certain tract of land situated and lying near Chesterfield Court House in the District aforesaid containing two hundred acres originally granted to Thomas Davis 20th day of Oct 1763 for which tract of Land your orator agreed to give the said William two hundred and 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 honors that some time in the year our Lord one thousand seven hundred ninety six he moved from this State into the State of Georgia and Left Joseph Moultree your orators father his agent to settle up his business in Chesterfield aforesaid and the said Joseph soon afterwards did as agent out of your Orators money which had come into his hands the balance of the two hundred and fifty dollars which remain (pg 236) unpaid to the said William and the said William 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 never the less 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 put 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 as indisputable titles for the same to a purchaser and your orator further showeth unto your honors that some time in the year of our Lord one thousand Eight hundred and 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 orators three sisters his heirs at Law to wit Ruth Cook the wife of Daniel Cook Levicy McNeil the wife of John McNeil Margaret McNeil the wife of Neil McNeil who hath since died of Chesterfield District and State aforesaid and Sarah Walker the wife of Nedom Walker of the State of Georgia who hath since died and left Mary Cook the wife of David Cook Polly Howard the wife of Samuel Howard and Peter Walker her children and heirs at law and soon after the death of your orators father the said John McNeil and Levicy his wife in the right of the said Levicy as one of the heirs 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 often applied in a friendly manner to the said Daniel Cook and Ruth his wife John McNeil Levicy his wife Neil McNeil David Cook and Mary his wife Samuel Howard and Polly his wife and Peter Walker to have them all joined in Executing a deed for the said Land to your orator, and also to have the said John NcNeil and Levicy his wife let your orator into possession of the said tract of land and to have them account to your orator for the annual rents and profits of the said tract of land as well as for the timber which they cutoff the said land since they have been in possession thereof and your orator will hoped they the said Daniel and Ruth John and Levicy Neal David and Mary Samuel  & Polly (pg 237) and Peter would have complied with such his reasonable requests as in justice and Equity they ought to have done but Now so it is may it please your Honors that the said Daniel & Ruth John & Levicy Neal David & Mary Samuel & Polly & Peter Combining and confederating themselves with divers person unknown at present to your orator whose name when discovered your 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 all severally refuse to join in Executing a deed to your Orator for the said Land and the said John &Livery refuse to let your orator into possession of the said Land or to account to him for the annual rents & profits of the timber cut off the same they some times pretending that your orators father in his life time did purchase the said land of your orator and paid him the full consideration for the same and some times they pretended that your orators father purchased the said Land of the said Land of the said William Sellers and paid him a full consideration for the same and 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 is well able to prove to the satisfaction of your Honors that the said land was wholly paid for by your orator all which actings and doings of the said Daniel & Ruth John & Levicy Neal David & Mary Samuel & Polly & Peter and the other confederates are contrary to right Equity and good conscience and tend to the great injury of your orator In Tender Consideration whereof and 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 Neal David & Mary Samuel & Polly and Peter to join in Executing a deed to your orator for the said land and the said John & Levicy to let your said Orator into the possession of the said land and to account to your orator for the annual rents & profits of the timber cut off the same but by the (pg 238)assistance of the court of Equity To the End therefore  that the said Daniel and Ruth John & Levicy Neel David & Mary Samuel & Polly & Peter may upon their several oaths true & perfect answer make to and Singular the premises as fully & particularly as the same were here again repeated & interrogated and 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 consideration for the same and whether the said Joseph did not as agent for your orator take a deed from the said William & whether the said Joseph did not at divers times & on various occasions declare in their presence that he held the said in trust for your orator & that had no beneficial interest in the same and that the said Daniel & Ruth his wife John & Levicy his wife Neel David & Mary his wife Samuel & Polly his wife & Peter may be decreed to join all & each of them in executing a deed to your orator for the said land and the said John & Livery his wife be decreed to let your orator in to the possession of the said Land and account to him for the rents and profits of the land and the value of the timber cut off the same by them & received by them since the said Joseph death. May it please your Honors to grant unto your orator a writ of Subpoena to be directed to the said Daniel and Ruth his wife John & Levicy his wife Neal David Mary Samuel & Polly & Peter thereby commanding them at a certain day & under a certain penalty therein to be inserted personally to be and appear before your honors in the Court of Equity then and there to answer the premises and to stand to & abide such order and decree there in as to your honors shall seem agreeable to Equity and good conscience. And your petitioner will ever pray &c.

                                                           Blanding & Hanford

                                                       Filed 27th December 1809

The within named Moultrie individuals are children of Joseph Moultrie and Mary (White) Moultrie.

Children in order:

Margaret -wife of Neil McNeil

Sarah - Wife of Nedom Walker

Ruth - wife of Daniel Cook, Sr. 

James Moultrie husband of Nancy Hopson

Louise "Levicy" - wife of John McNeil

William Sellers - most likely son of Hardy Sellers 

Ruth Moultrie Cook and William Sellers are both related. 

Ruth (Moltrie) Cook is my 5th Great Grand Aunt  

________________________

Darlington. Court Dockets 1803–1815, 1813–1838, 1828–1831

page 235- 238

Image 142 of 768

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Amanuensis Monday~Land Deeds~James Baker to Daniel Cook~Daniel Cook to T. Barrett

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 2 Land Deeds~James Baker to Daniel Cook~Daniel Cook to T. Barrett

On 9 November 1816, Daniel Cook purchased a one hundred and forty-nine (149) acres tract of land in Anson County from James Baker. H. Barrett was a witness to the execution of this transaction. This would be Holden Barrett. 

James Baker to Daniel Cook_S_223

This Indenture made this 9th of November 1816 Between James Baker of the County of Anson and State of No. Carolina of the one part and Daniel Cook of the other living in Chesterfield district of South Carolina. Witnesseth that the said James Baker for and in consideration of the sum of four hundred dollars to him in hand paid by the said Daniel Cook the receipt whereof is here by acknowledged, hath given granted bargained & sold by these (pg 224) presents doth give grant bargain & sell and confirm unto the said Daniel Cook all that track or parcel of land situate in the County aforesaid Beginning on a white oak near a drain in William Berries line thence with the said line So. 80 E. 38 poles to a stake said corner thence with said line No. 10 E. 66 poles to a stake in said line then So. 64 E. 102 poles to a red oak then So. 10 E. 91 poles to a black jack then So. 25 W. 64 poles to a pine thence So. 76 Wt. a dividing line 116 poles  to a pine in Berries path thence___the course of the path to the beginning containing one hundred & forty nine Acres more or less being a tract of land conveyed from the said James to the said Daniel Cook. To hold to him the said Daniel Cook his heirs Exrs. Admr. & assigns and the said James Baker for himself his heirs Execs. Admr. doth covenant premises & agree to warrant & forever defend the said 149 acres of land above mentioned to him the said Daniel Cook his heirs etc. free and clear from him the said James baker his heirs Execs. Admrs. and assigns from all manner of person claiming by person or under him, them or any of theirs. In witness where of the said James Baker hath here unto set his hand & seal the day and date above written. 

In the presence of us} James Baker {Seal} 

H. Barrett} Anson Oct. Term 1818

Peter Baker} Then the within Deed was duly proved in open Court by the oath of H. Barrett & Ordered to be registered.

  Tod Robinson Clk. 

[Deed Book "S'. page 223-224]

On 14 October 1817, Daniel Cook of Chesterfield, SC sold this tract of Land (149 acres) to T. Barrett of Anson County. H. Barrett or Holden Barrett was the Brother-in-Law of Daniel Cook, Jr. (the within buyer). Holden Barrett married Margaret Cook, sister of Daniel Cook. 

DANIEL COOK TO T. BARRETT

THIS INDENTURE made this 14th October 1817, Between Daniel Cook of the District of Chesterfield and State of So. Carolina of the one part and T. Barrett of the other part, living in North Carolina & Anson County, Witnesseth that the said Daniel Cook for and in consideration of the sum of four hundred dollars to him in hand  paid by the sd. T. Barrett the receipt whereof is hereby acknowledged hath given granted bargained and sold and by these presents do give  grant  bargain sell and confirm unto the said T. Barrett all that tract or parcel of land situated in the county aforesaid Beginning on a white ----- near a drain in Wm. Byrds line then with sd. line South eighty east eight poles to a stake sd. corner then with said line North ten East 66 poles to a stake in sd. line then South 64 E.102 poles to a red oak then South ten Et. 91 poles to a blackjack then so. 25 W. 64 poles to a pine then South 76 Wt. a dividing line 116 poles to a pine on Birds path then with the course of the path to the beginning containing one hundred and forty-nine acres be the same more or less a tract of land conveyed from the sd. Daniel Cook to the sd. T.  Bennett to hold to him the sd. Barrett his heirs Exers. Admrs. and assigns and the sd. Daniel Cook for himself his heirs Exers. Admrs.  doth covenant promise and agree to warrant and forever defend the sd. 149 acres of land above mentioned to him the sd. Barrett his heirs etc. free and clear from him the sd. Daniel Cook his heirs Exers. Admrs. or assigns from all manner of persons claiming by from or under him them or any of them. In Witness whereof the said Daniel Cook hath hereunto set his hand and seal the day and date above written. In Presence of us

William X his mark Morgan         Daniel Cook {Seal}

Wade Barrett Anson July term 1821. Then the within Deed was duly proven in open Court by Wm. Morgan and ordered to be registered. 

W. Dismukes, C.C.C. 

[Deed Book "T", page 268]

T. Barrett the purchaser of this land was Thomas Barrett. 

Daniel Cook, Jr. sold this land on 14 October 1817 and married Martha Warren Norwood of Darlington, SC on 28 January 1818.  

In 1820, Daniel and Martha can be found in 1820 Chesterfield County Population Census with one male under 10, which would be their son, Jesse.

Then from 1820 to 13 Jul 1835, a fifteen-year period, I have no Information about Daniel but on 13 July 1835, he purchased 80 and  55/100 acres of land more or less from John Manning and Mary Manning his wife for the sum of three hundred dollars in Wilcox County, Alabama. 

He spent the remainder of his life in Wilcox County where he passed away on 11January 1878. His 2nd wife Caroline passed away 19 June 1896. 

Related Blog Post:  

• https://carolinafamilyroots.blogspot.com/2019/12/last-will-and-testament-of-daniel-cook.html

Daniel Cook is my 1st Cousin 6X Removed. 

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1. Anson County, North Carolina, Deed Book "S': pages 223-224, James Baker to Daniel Cook; 9 November 1816, Register of Deeds, Wadesboro, Anson County, North Carolina.

2. Anson County, North Carolina, Deed Book "T': page 268, DANIEL COOK TO THOMAS BARRETT; 14 October 1817, Register of Deeds, Wadesboro, Anson County, North Carolina.

3. Daniel COOK Jr. (1866), WILLS & TESTAMENTS: Last Will and Testament; Will Book 6; pages 102-107; Wilcox County Probate, Camden, Wilcox County, Alabama.