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.

Amanuensis Monday~Chesterfield County Land Deed, Archibald Blue to Samuel Brock [1855]

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 Chesterfield County Land Deed~Archibald Blue to Samuel Brock [1855] ^[1]




Transcription:

Archibald Blue }
         To               }  Deed
Samuel Brock}
State of South Carolina,
         Know all men by these presents, that I, Archibald Blue of the District of Chesterfield and the State aforesaid for and in consideration of the sum of two hundred Dollars to me paid by Samuel Brock  of the District of Chesterfield in the State of South Carolina have granted , bargained sold and released and by these presents do grant, bargain, sell and release unto the said Samuel Brock all that piece parcel or tract of land situate lying and being in the District  of Chesterfield and the State of South Carolina, on the waters of Westfield Creek beginning on a Black Jack X111W, on the lower line of a tract of land granted to Elizabeth Brooks and running South 23 chains to a Black Jack X111W, thence S 54 degrees W 32.50 to a Pine X111W thence N 27 degrees W with the upper line of a tract of 343 acres granted to William Brooks to a corner on said Elizabeth Brooks' tract thence with the various lines of the said Elizabeth Brooks' tract around to the beginning Black Jack containing one hundred acres more or less; it being part of two tract of land, one granted to Elizabeth Brooks, the other granted to William Brooks bearing date the seventh day of October AD 1799, it being a tract of land  conveyed to James A. Brock by James Brock by deed bearing date twenty fifth day of August AD 1830, and conveyed by the said James A. Brock to our Stephen Brock by deed bearing date 31st day of January AD 1853, and sold at Sheriff's sale as the property of the said Stephen Brock and conveyed to me , by Stephen Jackson Sheriff of Chesterfield District together with all and singular the rights, members, hereditaments, and appurtenances to the said premises belonging, or in any wise incident or appertaining; to have and to hold, all and singular the premises before mentioned , unto the said Samuel Brock, his heirs and assigns forever; and I do hereby bind myself, my heirs, executors and administrators, to warrant and forever defend, all and singular the said premises  unto the said Samuel Brock, his heirs and assigns against myself and heirs and against every person whomsoever lawfully claiming or to claim the same, or any part thereof.
Witness my hand and seal this twenty day of January in the year of our Lord one thousand eight hundred and fifty five and in the seventy ninth year of the Sovereignty and Independence of the United States of America.
Signed, Sealed and Delivered}                        A. Blue {LS}
In the presence of}
Henry McIver
Joel W. Brock

The State of South Carolina}
Chesterfield District}
         Personally appeared before me Henry McIver and made oath, that he saw the within named Archibald Blue sign, seal and as his act and deed deliver the within written Deed and that he with Joel W. Brock witnessed the execution thereof.
Sworn before me the twentieth}
Day of January 1855}                        Henry McIver
W. L. T. Prince
Not. Pub. C. D.
The State of South Carolina}
Chesterfield District}
         I, Kerman T. Morgan, a magistrate in and for the District and State aforesaid do hereby certify unto all whom it may concern, that Margaret C. Blue, the wife of the within named Archibald Blue did this day appear before me, and upon being privately and separately examined before me, did declare, that she did freely, voluntarily, and without any compulsion, dread or fear of any person, or persons whomsoever release and forever relinquish unto the within named Samuel Brock, his heirs and assigns, all her interest and Estate, and also all her rights and claim of Dower of, in and to all and singular the premises within mentioned and released.
Sworn under my hand and seal this twentieth-second day of January Anno Domini 1855.
K. T. Morgan,  Magst. (no seal)                    M. C. Blue
Register Office
Chesterfield District
         Recorded 24 Jany 1855 in Book R, page 194. Examined and certified by
                                 J. C. Craig, Reg C.D.

---------------Recorded 11th Febry 1892-----------------

This is an interesting Land Deed in that it identifies an ancestor that I was not aware of or have found a record of during my research. The oldest James A. Brock in my database was born 6 December 1829. That means that James A Brock mentioned within the Land Deed is missing from my database.
it being a tract of land conveyed to James A. Brock by James Brock by deed bearing date twenty fifth day of August AD 1830…

The James Brock mentioned is most likely James Valentine Brock, b. 13 Sep 1749.

This James A. Brock had to be born prior to 1809 to have land deeded to him in 1830.

“Under British common law, full majority was reached at the age of 21.  Anyone under 21 was legally an infant.  Only persons who had reached majority could perform certain legal actions: ^[2]

• Buy or sell land without restriction”

Samuel W. Brock, Sr. is my 3rd Great grand uncle. The witness, Joel W. Brock is a son of  Samuel W. Brock.




____________________
[1] Chesterfield County, South Carolina, Deed Book 11: Pages 346 - 348, Archibald Blue to Samuel Brock; Register of Deeds, Chesterfield, Chesterfield County, South Carolina.
[2] https://genfiles.com/articles/legal-age/

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




_________________________________ 
[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.