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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