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William Bracewell/Braswell of Logan Co., KentuckyPreface: The more I studied William Bracewell/Braswell of Logan County, the more questions I have which require additional research. I have spent as much time as circumstances will allow at this time and hope this information will be helpful to other researchers. Logan County, Kentucky, was formed in 1792 from Lincoln, which was formed in 1780 from Kentucky County, Virginia. The southeastern portion of Logan was partitioned off into Simpson County in 1819. Logan is situated on the Kentucky/Tennessee border. Just south in Tennessee are the counties of Robertson and Sumner. We know that the William Bracewell of Tennessee was heir of Solomon Bracewell, deceased, 14 November 1795. [Edgecombe DB 8-641.] This William of Tennessee is most likely the same William Bracewell of the State of Kentucky who was son of Solomon Bracewell, deceased, and brother of Solomon Bracewell, deceased, October 23, 1797. [Edgecombe DB 8-820.] The lands of Solomon Bracewell, Junior, deceased were divided among his brothers and heirs, to wit: William Bracewell, James Bracewell, Richard Bracewell, Admiral Bracewell, and Reddick Bracewell. [Edgecombe, DB 9-84. August court 1798.] The lands of Solomon Bracewell, Senior, deceased, were divided among the claimants and heirs, to wit: William Bracewell, Richard Bracewell, Reddick Bracewell, Thos. Boykin, William Britt, Nelly Bracewell, Winney Bracewell, Topping Bracewell, and Charity Bracewell. [Edgecombe, DB 9-85, August court, 1798.] Then, is Thomas Boykin’s wife, Elizabeth Boykin first in Logan County in 1801 close to William Bracewell/Braswell? Then is Elizabeth Boykin a daughter of Solomon Bracewell, Senior? The lands of Admiral Braswell, deceased, were divided among the lawful claimants, to wit: William Bracewell, Toppin Bracewell, Richard Bracewell, Elizabeth Boykin, Charity Bracewell, James Bracewell, Lamon Cohoon, Reddick Bracewell, and William Britt. [Edgecombe, DB 10-158, November 23, 1801.] William Bracewell drew lands in the divisions of the lands of Solomon Bracewell, Senior, deceased, and Solomon Bracewell, Junior, deceased. Edgecombe, DB 10-183, December 19, 1800.] Elizabeth Boykin of Wayne County, North Carolina, sold land to Richard Braswell that she received from the estate of Winny Braswell, deceased. [Edgecombe, DB 10-194, October 14, 1799.] [Is this the same Elizabeth Boyken who shows up in Logan County, North Carolina, in 1801 on Clifty Creek where William Bracewell/Braswell received a land grant in 1797? Thomas Boykin and Richard Braswell drew land in the division of the lands of Solomon Bracewell, Senior, deceased. [Edgecombe, DB 12-120, January 26, 1807.] If Thomas Boykin is still alive and the husband of Elizabeth Boykin, why then would Elizabeth Boykin be by herself in Logan County in 1801? A William Brasel is listed in Sumner County, Tennessee as early as 1794 in the militia. This is probably William of Logan. I believe this William of Logan settled first in Sumner County and then moved across the line into Logan County along with the DeLoach and Boykin families. In 1794, in Sumner County, Tennessee, a William Brazil is listed with one poll and 100 acres. Listed just below him is William Dillard, then John Dawson, then John Deloach, with 3 polls and 340 acres. Five entries below John Deloach is Ruffin Deloach with 3 poles and 200 acres 1. In 1797, in Logan County, Kentucky, Ruffin Deloach is listed with no property, with 1 male over 21 and William DeLoach is listed with 200 acres, 1 male over 21, 1 male over 16. Some believe this William to be the Sumner County, Tennessee, William Brazzell who was born in 1775 and died in Sumner County in 1823. A William apparently appears as early as 1790 in Sumner County in the tax rolls, although I have not found that reference. A man born in 1775 would be 15 years old in 1790 and too young to own land. In 1794 he would be 19 years old, still too young to own land. My theory is there were two Williams, the earlier one and the William Brazzell (Brassell) who was married to Margaret Halfacre and bured inthe Old Brassell Cemetery near South Tunnell. It is possible they are father and son. The 75 acres settled by William born in 1775 (according to his tombstone) who married Margaret Halfacre was a North Carolina land grant made on behalf of Conrad Halfacre (Margaret’s father) for Revolutionary War Service. William Brazzell proved the grant in 1809 (on Station Camp Creek) and I believe lived there until his death in 1826. His descendants are documented in the vertical files in the Sumner County Archives. There may have been two grants on Station Camp Creek, one to each of these Williams, because the early tax lists show 100 acres for the early William, but the Halfacre grant was only 76 acres 2. Another in depth study needs to be done to finally separate these two Williams. In 1795, in Sumner County,Tennessee, William Brazil marries Sarah Sebastian. Thomas Edwards was the bondsman. I do not have any proof that this William is the William of Logan; however, in 1795, the William Brazzell of Sumner County, mentioned in the above paragraphs would have been age 20, maybe too young to get married. Another Braswell researcher, Joyce Hedrick, says that Sarah’s parents were Isaac and Martha Dorris Sebastian. "All three of their sons appeared in the Sumner County public records prior to 1799. Joseph married Polly Summers in Sumner County. Samuel Sebastian had land near Shadrick Nye and Isaac Sebastian, Jr., appeared only once in Sumner County records in 1799 when he signed a petition to divide the county into smaller counties. He had moved to Rutherford County by 1806 with his brother, Samuel. By 1810 he was in Lincoln County. He married Nancy Whitaker." Joyce has more information on this line. William Braswell left Logan County (as you will soon see) in 1806. If Sarah Sebastian was his wife, perhaps he left at the same time, for the same destination with Samuel Sebastian, his brother-in-law. Further research needs to be done on this issue. The fact that Thomas Edwards was the bondsman and that William Brazzell’s (1775-1826) daughter, Julia, married an Edwards leads me to believe there may be a father-son relationship between William (1775-1826) and the William of Logan. We know from Historical Southern Families: DeLoach of Isle of Wight and North and South Carolina, by Bodie 3, that William DeLoach lived first in Sumner County and then moved to Logan County, Kentucky. I believe that William Braswell followed William DeLoach, first from North Carolina to Sumner County, Tennessee, and then to Logan County, Kentucky. William Braswell next appears in the 1796 Logan County tax list as William Buswell (no particulars mentioned) (page 2). William DeLoach’s entry: one male over 21 with three horses (page 5), and Rhodes and Riggs are listed (page 13). In 1797, William Braswell in Sumner County, Tennessee, appears as surety in the Estate of Benjamin Mires, Deceased. Letters of Administration were issued to Dicy Mires. The bond was set at $2,000, with an exception under the direction of the court that the following words be left out in administering the same, "That to the best of her knowledge Benjamin Mires died without making any will or testament 4. In 1797, William Braswell enters and had surveyed 50 acres on Clifty, Logan County. The census shows one white male over 21 and one horse. 5 6 JAMES GARRARO, Esq. Governor of the Commonwealth of Kentucky, to all to whom these presents shall come Greetings Know ye: that by virtue in consideration of Certificate No. 524 granted by the state of Kentucky for the relief of settlers the south side of Green river agreeable to an act of assembly passed in the year 1795 there is granted by the said commonwealth unto William Brasswell a certain tract or parcel of land containing fifty acres by survey bearing date the 21st day of Ausut 1796 lying and being in Logan county on the waters of Clifty bounded as followeth to wit:
The surveyor’s certificate, no. 524, is witnessed by Gledwell Killabrew and Thomas DeLoach. William’s name in the warrant, south of Green River, no. 157, is "William Brazzwell." The plat says "William Bracewell." Two hundred acres were entered and surveyed for William DeLoach again with one male over 21, one male under 16, three blacks over 16, 4 total blacks, and four horses (page 2). Ruffin DeLoach is listed on page 2 also, with no property, but one male over 21, two blacks over 16 with total blacks of 7, and two horses. Other names of interest on Clifty Creek: Benjamin Harden, 200 acres, Daniel Rhoades, 200 acres, John Armstrong, Sr., and Jr., and Glidewell Killebrew, born 1777 Sumner County, Tennessee, died about 1845, (married to Sarah DeLoach born c. 1778, Edgecombe County, North Carolina, mother: Purity Ruffin) 7, 200 acres. No tax book can be found for 1798. In 1799, William Brazil is listed, again 50 acres on Clifty Creek, one white male over 21, one horse (page 1). William Deloach appears also (page 2). Other names of interest: Joseph Boring, Elijah Latham, John McIntosh, Jacob Pennington, Robert Sharrod, John Armstrong. On August 13, 1799, William Bracewell of Logan County, State of Kentucky, to John Deloach of Johnston County, North Carolina, Power of Attorney to sell lands that belonged to me in said county... to Samuel DeLoach...appears to be a mistake in the deed...this power of attorney gives said Deloach the right to make correct deeds. Witness: Jesse Deloach, John Sherrod. (Johnston County, NC, DB Z-1, page 37). [Braswells in Johnston County probably from Edgecombe, then Nash before Johnston. Johnston made from Craven in 1746. [Check Samuel DeLoach deeds in Johnston County re: DeLoach selling lands in Johnston County for William Bracewell via power of attorney.] The Johnston County, North Carolina, History Book says:
Query: any connection with the above Edwards and Thomas Edwards who was bondsman for William Brazil and Sarah Sebastian when they married in 1795 in Sumner County, Tennessee? In 1800, William Braswell appears with 50 acres still, on Clifty Creek, one male over 21 and one horse (page 2). )8 9; William DeLoach added 100 acres for a total of 300 acres (page 4). John Lawson apparently bought the 200 acres which was entered and surveyed for Samuel Phelps, with one white male over 21 and one horse (page 8). Robert Sherrod is listed with the 200 acres entered and surveyed for Ruffin DeLoach, with one white male over 21, one slave over 16, one horse (page 11). In 1800, in Sumner County, William Brasel of Sumner County, (as heir of brother John Brasel who served in service) gave a power of attorney to Wm. Cherry. [William Braswell also shows up in the Logan County, Kentucky, tax list. (This may be the William of Sumner (1775-1826). In 1797, Bird/Byrd Braswell, private, of Sumner County, Tennessee, assigned 228 acres to John Tate [citation]. Bird was born between 1760-1770. He moved on to Georgia. In 1800, William Brasel, was the bondsman for Joseph Sebastian and Polly Summers in Sumner County, Tennessee. In 1801, William Braswell still owns 50 acres on Clifty Creek, again one white male over 21 and one horse, but he adds 175 acres on Clifty surveyed for McMurray, no poll (page 1). The next entry (on page 1) is Elizabeth Boyakin, no information except one white male over 21, one white male under 16 and one horse. Also on Clifty Creek is Bazil Boren and John Boren. I have Truit Boren written (or it could be Pruit). Other names of interest: William DeLoach with 300 acres, T (homas?) & H(ardy?) DeLoach, Benjamin Harden, and Robert Sherrod (page 9). 10 [John Shelton (sheltonjdjr@kymtnnet.org) shows Elizabeth "Betsy" Bracewell Boykin (Thomas) daughter, Anna Boykin, marrying Jeremiah Jaco. His line is posted in the Braswell archives (7 March 1998 04:44:43). ] In 1802, William Brazzel is listed with 220 acres, "for him", with one white male over 21 (page 2). Elizabeth Boyken is the next entry with 140 acres, entered and surveyed for Elizabeth Boyken. Simon Boyken has no acreage and no polls, but one white male over 21 and one horse. Other names of interest: John Boren Senior, Basdal Boren, John and James Carr. William DeLoach is listed with 500 acres on Clifty Creek and Robert Sherrod has 158 acres. In 1803, William Brazwell owned 170 acres, his original grant of 50 acres and the 170 McMurray acres, one white male over 21, one horse. Somehow 5 acres have disappeared (see 1801) (page 2). Betsy Boyakin has 140 acres in her own name, with a horse. Solomon and Simon Boyakin has moved to Muddy Creek. Bazzell Boren owns 200 acres on Clifty (S. Pruett) (page 2). How much property Benjamin Carter owns on Muddy Creek is not revealed, but the list shows one white male over 21 (page 3). William DeLoach owns 400 on Clifty, "in his own name," and Thomas DeLoach owns 600 (page 4). Robert Sherrod owns 250 acres, entered for R. DeLoach and surveyed for R. Sherrod, one white male over 21, two horses (page 15). In 1804, in Sumner County, Tennessee, Courtney Brasil marries Henry Powell. Laurence Whitsett is the bondsman. There are Whitsetts connected with Blake William Braswell in Rockingham County, North Carolina . In 1805, in Logan County, Kentucky, William Braswell is listed with 222 acres (222 is correct) on Clifty "for himself," 1 white male over 21, three horses (page 2). Elizabeth Boykin has 121 acres on Clifty with no poles. Sollomon Boiken is listed with no land and one poll. Baswell Bowran (Boren?) Is listed with 200 acres, one pole and 8 horses. William DeLoach is listed with 850 acres. Robert Sherrod appears with 308 acres on Clifty, one white male, one horse (page 19). In 1806, in Sumner County, Tennessee, Elizabeth Braswell marries Kinchen Barnes. Ruffin DeLoeoch (b. 1768) is the bondsman.11 Ruffin DeLoach is listed in the 1797 Logan County tax list with no property, a male over 21, total of 7 blacks and two horses. ( Ruffin DeLoach is also listed in the 1794 Sumner County tax list along with William Brazil.) Because Ruffin DeLoach is the bondsman, this Elizabeth is probably the daughter of the Logan County William Braswell. An Elizabeth Barnes is listed in the Sumner County 1830 census (males: (1) 16-20, (1) 31-40, females: (1) 51-60.) 12 In 1806, William Braswell and Elizabeth Boykin have left Logan County! Where did they go? Still remaining: Solomon Boyakin with no land (page 3) and Hosea Borin. DeLoach is shown with 850 acres on Clifty Creek (page 6). See entry for 1795. In 1807, Robert Sherrod on Clifty Creek with 150 acres (R. DeLoach, 50 acres J. Pennington, 100 acres his own name) This 50 acres may be William Braswell’s acreage (21). Peter Lawson has 5600 acres (Logan County?) and David Lawson is shown with none (page 9). In 1808, Thomas DeLoach remains with his 850 acres (page 5), David Lawson, 45 acres-Whitcutts, 1 pole (page 15, Peter Lawson 600 acres on Sundres (page 18), Jonathan Word, 600 acres on Red River (page 36). In 1809, Solomon Boyakin, one pole, no land (page 2 William DeLoach, no land, one pole (pae 7); Robert Sherrod, 308 acres (158 entered and surveyed for R. DeLoach, 50 entered and surveyed for William Braswell, and 100 in his own name) (page 26). In 1810, John Jaco and wife, Elizabeth Jaco, of Logan County, Kentucky, were heirs of Richard Bracewell, deceased, 13 August 1810. [Edgecombe, DB 13-411.] Which Elizabeth is this? Elizabeth Boykin? If this is Elizabeth Boykin, then Richard Bracewell must have died with no heirs? In 1811, Lewis Fort, as attorney for John Jaco, and wife, Elizabeth Jaco, of Logan County, Kentucky, sold a one-eighth part of the land of Bennet Bell Bracewell, deceased, son of Richard Bracewell, deceased, 10 May 1811. [Edgecombe, DB 14-26.] Elizabeth must be the daughter of Bennet Bell Bracewell. [check bennett in dr Braswell book] In 1811, William Bracewell’s 50 acres was sold by the Sheriff to Robert Sherod (DB C-254); William Bracewell and Elizabeth Boykin had left the country by 1806. In 1818 Tabitha Brassell marries John Chadbourne in Sumner County, Tennessee. Who is she? In 1822, Robert Barnes and wife, Mary Bracewell Barnes, sold land that they claimed as their right from the death of Bennet Bell Bracewell, son of Richard Bracewell, deceased, November 1822. [Edgecombe DB 17-516.] In 1806 in Sumner County, Tennessee, Elizabeth Braswell marries Kinchen Barnes (see entry above at 1806). Melvin Brazzell, a descendant of William Brazzell (1775-1826) of Sumner County, Tennessee, says in the "Brazzell Family" on page 1: "In 1792 William Brassell obtained a land grant from the North Carolina government. The grant gave him 640 acres...The grant stated the boundry was ‘on the waters of Station Camp Creek and the middle of the East Fork runway.’ Highway 31E runs across Station Camp Creek and the East fork. This section of land is between Gallatin and Hendersonville. The land was obtained from Reuben Douglass." My question: "If the land was a grant from the State of North Carolina, how could it be obtained from Reuben Douglass? The book, 1770-1790 Census of the Cumberland Settlements by Fulcher says in several places that according to the "North Carolina Preemption Act of 1784, as one of the settlers on the Cumberland who had died there, whose heirs or devisees were entitled to 640 acres without any price to be paid to the public." (Page 43). The settlers who stayed and defended the settlements were entitled to 640 acres without any price to be paid to the public (page 55). In the section on John Kennedy, son of John Kennedy (Sr.): "Arrived with his family at the French Lick on the Donelson flotilla, April 24, 1780; listed in the North Carolina Preemption Act of 1784 as one of the settlers on the Cumberland who was too young to receive a preemption in 1784, but having come of age, was entitled to 640 acres." So they had to be of age to own property. William Brazzell (1775-1826) of Sumner County inherited, apparently through marriage, 49 acres, 70 poles lying in Sumner County in the first district on the middle fork of Station Camp Creek including his improvements, perfected by Conrad Halfaker through military service to the State of North Carolina Warrant #3924 8 December 1795 and retired (?) 2 September 1811 by #6818 as an occupant claim under the law of 1809 (D699 #339). The legal description for this property is: Beginning at a stake corner to REUBEN DOUGLAS and ROBERT MARSHAL’s line; thence west 5 poles with said line to a stake corner to said Marshalls; north west, is line 226 poles to hickory corner to Porterfield, east with his line 35 poles to a stake in Reuben Douglas’s line; south with his line 226 poles to beginning. Surveyed 17 July 1810 by William Montgomery, D.S. Reuben Douglas is talked about on pages 1470148 of the 1770-1790 Cumberland Settlement. He was listed in 1787 tax roll with 1 pole and 140 acres. He married Elizabeth "Betsy" Edwards in Sumner County on 23 January 1791. Then on 15 January 1811 a deed to William Brasel, 25-acre tract on Station Camp Creek beginning at the northeast corner of James Douglas, witnessed by James Douglass and Nicholas Stone. (James Douglas was the son of Edward Douglas and listed on the 1787 Sumner County tax roll with 1 pole.) On 11 October 1813, William Brasel sells the 49-acre tract to Nicholas Stone. The description: beginning northwest corner survey of Reubin Douglass of 640 acres on headwaters Station Camp Creek, the middle fork of east fork. John Dean Shelton, Jr. (shelton-john@usa.net), says that John JACO married Elizabeth "Betsy" BRACEWELL BOYKIN in Logan County, Kentucky, around 26 September 1806 and that Elizabeth was the widow of Thomas BOYKIN and the daughter of Solomon BRACEWELL (BRASWELL), Sr., and Rachel BYRD. That makes Betsy the sister of William Braswell/Bracewell who resided first in Sumner County, Tennessee, and then in Logan County, Kentucky. Mr. Shelton would like to know if John Jaco and Betsy had any children. ENDNOTES
6. William Braswell, 50 acres, Logan County, No. 157.
11. See Braswell Branches, Volume III, Issue 4 Fall 1994, Page 8, Edgecombe County, North Carolina. 12. Information re: 1830 census from Jon Michael Brazzell, Mike says there are many Barneses who settled in the Station Camp Creek area and over the rest of Sumner County. Send email to the author of this article. Update: According to another researcher, John V. Lucas, Jr. (www.attretired@worldnet.att.net) this William's son is Archelaus (the lst) and that by the time this Archelaus had died William had sold all his property in North Carolina. William Bracewell moved to Tennessee (Sumner County 1794), then to Logan County, Kentucky. William had appointed John Sherrod as his local attorney in order to effect the sales, but at some point John Sherrod relinquished the job to John Sutherland, another attorney. "Abstracts of the Wills of Edgecombe Co., NC, 1733-1856," by Ruth Smith Williams and Margarette Glenn Griffin, Dixie Letter Service, Rocky Mount, North Carolina, 1956 Pg. 100 DELOACH, MARY: Jan. 4, 1773. Apr. Ct., 1774. Son: WILLIAM, 5 S (shillings?); Dau: AVERILLA RUFFIN, wife of RICHARD RUFFIN, 5 S (shillings?); Son: JESSE, all I’ve already given him and 5 S (shillings?); Son & Exr: SAMUEL, all I’ve already given him and cow and calf; and 2 ewes and lambs; Daug: SELHA BARNES, all I’ve already given her and 5 S (shillings?); Son & Exr: JOHN, 320 A land, part of tract purchased of SOLOMON BOYKIN, also my great desk, square walnut table, painted chest, largest linen wheel, mare, horse, 30 lbs. feathers and 30 geese; Daug: MILLY BLOODWORTH, all I’ve already given her, also my wearing close (sic) and saddle; Son: SOLOMON, smallest desk, pine table, case of bottles, 5 cattle, 5 "Breading" sows, 1 linen wheel, mare, colt, and 5 £; Gr. Son: WILLIAM BRASWELL, 5 shillings. I will that WM. BLOODWORTH and ELIZAH HORN and two others divide property between Sons: JOHN and SOLOMON. Wit: JAMES FAULK, HANAH FAULK, SARAH FAULK. Pp. 100, 101 DELOACH, SAMUEL: Jan. 30, 1764. Apr. Ct., 1764. Wife & Extrx: MARY, land left by my father-in-law FRANCIS BOYKIN of North Hampton Co. mare & side saddle; lend all plant’n whereon I live, still, all slaves for the raising, maintaining and schooling of my children, for her life or widowhood, all chattles, and tenements until children come of age. Son & Exr: WILLIAM, all that part of my estate he’s already possessed of and 10 S (shillings?), Daug: AVERILLA RUFFIN, all that part of my estate she’s already possessed of and 10 S (shillings?); Daug: MOLLEY BRASWELL, all that part of my estate she’s already possessed of and 10 S (shillings?); Son & Exr: JESSE, all that land adjoining MOSES HAIR; colt, cattle, sows and 1 slave; Son & Exr: SAMUEL, plant’n purchased of JOHN STINSON, mair (sic), cattle, sows and 1 slave; Daug: SELAH, 5 cattle, etc.; Son: JOHN, land purchased of JOHN STRINGER, mair (sic), colt, cattle, sows, and 1 slave; Daug: MILLIE, 5 cattle, etc.; Son: SOLOMON, plant’n whereon I live, still, and 1 slave. All remaining slaves and increase at wife’s death to be divided between 4 Daugs. Wit: JOHN GASNEY, THOMAS BRYANT, JOHN FAULK. V202-15 Davidson County, TN, County Records, Mero District Vol 1, 1803-1806 (Page 49 in original records), page 23 in typed copy on microfilm: MIERS VS. SHARP - Bill in Equity, filed 22 October 1798 To the honourable the Judges of the Superior Court of Equity for the District of Mero---- Humbly complaining sheweth unto your honors your Orator Euridice Miers Administratrix of all and singular the Goods and chattels rights and credits of Benjamin Miers deceas’d, and your Orator Humphrey Myers who is of full age and one of the heirs of said Benjamin Miers, and James Turner and Polly Turner his wife who is another of the heirs of said Benjamin Myers and your Orators Milley Miers Elizabeth Miers, Thomas Miers, Miles Miers, and Patsey Myers, who are infants under the age of twenty one years and heirs of the said Humphry Miers by Euridice Miers their next friend. That it was agreed by and between the said Benjamin in his life time and a certain Thomas Sharp whom your Orator prays may be made a Defendant by their writing obligatory sealed with the seals of the said Benjamin Miers and Thomas Sharp, made the fifth day of September one thousand seven hundred and ninety four. That said Sharp had bargained and sold to the said Miers a certain tract of land of two hundred and twenty eight acres more or less lying on the waters of Station Camp the place whereon a certain William Maxwell then lived, for and in consideration of four hundred dollars, to wit, one half to be paid the thirtieth day of march the other half of (p 49) December one thousand seven hundred and ninety five, and that said Sharp was to retain the title in his own lands as a security, until full payment was made, at which time or as soon afterwards as possible the said Sharp was to make said Miers a good and lawful title to said land as may more fully appear reference being had to said article of agreement filed herewith and marked No. 1 Your orator and Orators further shew to your honors that the said Benjamin Miers in his life time to wit, on the said fifth day of September, agreed to pay said Thomas Sharp the sum of twelve dollars by his note in writing as a compensation for said Sharp delivering him immediate possession of said land, before any payments were due on said first mentioned writing obligatory and said Sharp gave said Benjamin immediate possession of said Land whereupon the said Benjamin put a certain John Edwards in possession of said land and returned to the State of North Carolina with an intention to remove his family to said tract as speedily as possible but being prevented by ill health he did not come into this State until April 1797 and for the year 1796 said Benjamin’s Agent returned the said land to a certain Josiah Howell for Bushels of Corn. - Your Orators further shew unto your honors that said Sharp took the whole rent from the said Josiah Howell because he claimed the land was his. Your Orators further State that the bad state of health of the said Benjamin put it out of his power to tender or pay the said twelve Dollars to said Sharp on the day of payment, or to pay (p 50) the said four hundred dollars or tender the same on the days specified in said writing obligatory. Your Orators further shew to your honors that the said Benjamin Miers died on Holston on his way with his family to said Tract of land, said monies being still unpaid. Wherefore, your Oratorix Euridice his wife took possession of said tract as agent for said Humphrey Miers, and James and Polly turner her children and as Guardian to said Milley Betsy Thomas Miles and Patsey also her children, and has continued in possession untill this time. --- Your Orators further shew to your honors that the said Thomas Sharp on the Day of 1796 conveyed said tract to his son Maxwell Sharp whom your Orator prays to be made a defendant; in order as your Orators believe more effectually to defraud your Orators out of said land. And your Orators expressly state that the said Thomas Sharp paid no valuable consideration to said Maxwell Sharp for said tract of land, and they expressly state that the said Maxwell Sharp had notice of said writing obligatory and also of the claim of your Orators in consequence of said writing obligatory. -- Your Oratrix Euridice further sheweth to your honors that a declaration in ejectment in the County Court of Sumner was served upon her on the demise of said Maxwell Sharp on the Nineteenth day of march 1798 to which she appeared and the said Maxwell sharp threatens to obtain Judgment speedily and take out execution against your Orators and wholly deprive your Oratrix Euridice, and (p. 51) Orators the heirs of Benjamin Miers of said tract of land. --- Your Orators further shew to your honors that the confusion occasioned by moving and by the sickness and death of said Benjamin put it out of the power of your Oratrix Euridice to offer to settle with said Thomas Sharp and pay him principal and interest of said note and writing ; When your Orators expressly state that the said Euridice went to the house of said Thomas Sharp prepared and fully intending to pay both principal and interest of said note and writing obligatory untill the seventh day of June last; When your Orators expressly state that the said Euridice went to the house of said Thomas Sharp prepared and fully intending to pay him both principal and interest due on said note for twelve dollars and said Bond for four hundred dollars and did then and there inform said Thomas Sharp that she was ready and willing to settle with him and pay him both principal and interest aforesaid and all that was due to him; but the said Thomas Sharp did then and there refuse to accept of the same and left her appearing unwilling to converse on the subject.----Your Orators further state to your honors that they are still ready and willing to pay to the said Thomas Sharp the principal and interest of said Note and bond and to pay the costs of said ejectment untill this time. ---But now so it is may it please your honors that the said Thomas Sharp and Maxwell Sharp combining and confederating themselves to and divers other persons to your Orators unknown whom when discovered pray may be also made defendants hereto, with apt words to charge them wholly refuse, to make a conveyance to the heirs of said Benjamin Miers, and the said Thomas Sharp refuses to pay to your Oratrix Euridice Administratrix of said Benjamin Miers the value of said land deducting what she offered to pay as aforesaid and the same Maxwell Sharp still threatens to take Judgment (p 2) and sue out execution against your Oratrix Euridice in the said ejectment----- In tender consideration whereof and as much as your Orator is remediless in the premises by the strict rules of the common law and can only be relieved in this honourable Court where matters of fraud and account are properly cognisable and relievable and where a specific performance of agreements can be had. To the end therefore that the said Thomas Sharp and Maxwell Sharp upon their corporal oaths may true and perfect answer make to all and singular the premises in as full and ample a manner as if the same were herein again repeated and interrogated to be answered unto more especially what they may say whether said writing obligatory was not executed by said Benjamin and the reasons for not sooner offering to principal and interest are not as above stated. Whether your Orator Euridice did not take possession of said tract as above stated? Whether said Thomas did not convey said tract to said Maxwell as above stated. Whether said Maxwell is a purchaser for a valuable consideration of the above tract without notice of the Plaintiffs claim or not. Whether said Maxwell has not brought an ejectment for said land and intends to deprive your Orators of the same? (P 53) Whether your Oratrix Euridice did not offer to pay principal and interest and whatever was due to said Thomas upon a settlement; and whether said Thomas did not refuse or evade acceptance of the same? May it please your honors to grant to your Orators the State’s most gracious writ of Subpoena or subponea’s directed &. Commanding &. And also the State’s most gracious writs of Injunction &. Commanding &. And that the said Maxwell Sharp if possessed of the legal title may by Decree of this honourable Court be compelled to convey said tract of land to the heirs of said Benjamin Miers; or the said Thomas Sharp may be so compelled if he has the legal title, or that the said Thomas Sharp may be compelled to pay into the hands of said Euridice the full value of said tract deducting what is due from her to said Thomas to be applied to the use of the heirs of said Benjamin, and that your Orator may have such other and further relief in the premises as is consistent with equity and good conscience and the nature of your Orators case may require. Isaac McNutt for Complainant This day appeared Euridice Miers Administratrix of Benjamin Miers deceased before me Bennet Searcy Clerk and master of the Court of Equity for Mero District of Mero and made oath that the facts and things set forth in the foregoing Bill that is of his own knowledge are true and those facts and things set forth not of his knowledge she believes to be true Her Sworn to before me this 3th July 1796 Euridice X Miers Mark B Searcy C M C E (54) Let writs of Subpoena and Injunction issue agreeable to the prayer of the within Bill October 22d 1798 Andrew Jackson We Euridice Miers and William White acknowledge ourselves indebted to Thomas Sharp and Maxwell Sharp in the full sum of two hundred Dollars but to be paid on condition that Euridice Miers Administratrix of Benjamin Miers deceased prosecute the Bill in Equity filed this day against said Thomas Sharp and Maxwell Sharp with effect or on failure thereof to pay all costs and damages that may accrue for wrongfully suing out the same then this obligation to be void otherwise to remain in full force and effect. Her Teste Euridice X Miers (seal) B Searcy Mark William White (seal) ------------------------------------------------------------------------------------------------------------------ Exhibit No 1 Articles of Agreement made this 5th day of September 1794 by and between Thomas Sharp of Davidson County of the one part and Benjamin Miers of North Carolina and County of Bertie of the other part Witnesseth that said Sharp hath bargained and sold to the said Miers a certain tract of land of 228 Acres more or less lying on the waters of Station Camp the place where William Maxwell now lives for the consideration of four hundred dollars to wit one half to be paid the 30th day of March the other half in December 1795 that said Sharp is to return the title in his hand as security until full payment is made at which time or as soon afterwards as possible the said (p 55) Sharp is to make said Miers a good and lawful title to said land for the true performance each and every of which articles we do bind ourselves our heirs and assigns severally to each other in the sum of five hundred Dollars As Witness our hands and Seals the day and year above written Benjamin Miers (Seal) Witness Thomas Sharp James Douglass Thomas Edwards The answer of Thomas Sharp to the Bill of Complaints filed against him and Maxwell Sharp in the Court of Equity for Mero District by Euridice Miers and the heirs of ______Miers deceased by the said Euridice Miers their next friend ----- This Defendant saving and reserving to himself now and at all times hereafter all and all manner of benefit and advantage of exception to the manifold imperfections uncertainties errors and insufficiencies, in the Complainants said Bill of complaints contained for answer thereto or so much thereof, as he is advised is material for him to answer unto, this Defendant answereth and saith - That true it is that a certain _____Miers of the State of North-Carolina on the day in the writing mentioned in said Complainants Bill at which time this Defendant informed him that if he sold him said tract of Land, it would be only on condition that he should be enable by the payment for the same to purchase another place, and that he could not be disappointed in the payment and the said Complainant did expressly engage that he would not disappoint in such payment- Whereupon it was stipulated, and agreed that he should (p 56) give four hundred Dollars for said tract of Land payable one half in March 1795 and the other as set out in the Complainants Bill and the said Complainant was to pay this Defendant twelve dollars rent untill the second payment was due, and the titles and possession were to remain in this Defendant untill all payment made ------ This Defendant further states that the said ____Miers secretly and clandestinly absconded without paying him the said twelve dollars or any sum whatever, and went to North-Carolina, and that as this Defendant is informed and verily believes be met on his way to North Carolina a certain John Edwards a friend of his moving to this District, and that he directed him to come and settle on said land and that the said Edwards having deceas’d on the road, his widow took possession without the leave of this Defendant, saying her husband had rented the place of Miers and she would not pay this Defendant rent for the same--- This defendants further states that he afterwards, to wit, the ensuing year rented the said land to one Josiah Howell and that the said Miers had failed to comply with any part of his contract, but on the contrary seem disposed to impose on this Defendant by false pretences - this Defendant as a considerable time had elapsed conceived that the contract was at an end and void, it being at first understood and intended by this Defendant to be conditional as aforesaid, viz. To be absolutely void on failure of due payments and as this Defendant expressly charges that to have also been the understanding and intention of the said Miers, he this Defendant sold said land to Maxwell Sharp in February 1798 as well as he recollects, this Defendant being justly indebted and owing the said Maxwell (p 57) Sharp three hundred and twenty acres of Land on Harpeth in satisfaction for which the said Maxwell received the said tract of 228 acres - This Defendant does not certainly know what was the reason that the said Miers did not pay him with due punctuality either by himself or agent, unless it was owing to the circumstances of his the said Miers knowing that the conditions of the said contract were broken and inferring from thence that it was void agreeable to the original understanding and intention of both parties-----This Defendant knows nothing of the sickness and death of the said ____Miers on Holston nor at what time it was- But states that Euridice the wife of the said ____Miers came to this Country long after the dissolution of the said contract and took an underhanded and clandestine possession of said Land --- and has continued in possession ever since- and that Maxwell Sharp has had a declaration in ejectment served upon her the said Euridice as stated in the Complainants Bill. This Defendant further acknowledges that the said Euridice came to him and told him she was ready to pay him the principal and interest of the sum contracted to be given for said land but that this Defendant thinking as before stated that the contract was wholly dissolved in the understanding of both parties, refused to again renew the contract or recover any thing from the said Euridice ----- This defendant further states that he never received any rent of said land, except from the said Josiah Howell and that the rent due from the said John Edwards was attached to James Douglass and sold by the sheriff as the property of said ____Miers and this Defendant expressly states that Euridice Miers aforesaid when she told him she would pay him principal and interest (p 58) for said land never shewed him any money nor even alighted from her horse but only offered word---- And this Defendant further states that the said Miers was only to have possession as a tenant and not as a purchaser - And this defendant denies all and all manner of unlawful combination and confederacy as stated in the Complainants bill - without that, that there is any other matter or thing in the Complainants said Bill contained material or effectual for this defendant to answer and not herein and hereby sufficiently answered confessed or avoided travers’d or denied is true to the knowledge and belief of this Defendant; all which matters and things this defendant is ready to ever maintain and prove as this honourable Court shall award and humbly prays to be hence dismissed with his reasonable cost and charges in this behalf wrongfully sustained &. This day Thomas Sharp personally appeared before me Bennet Searcy Clerk and master in Equity for the said District and made oath that the facts and things set forth in the foregoing answer as of his own knowledge are true and those set forth as not of his own knowledge he believes to be true. Sworn to before me Thos Sharp ------- Bennet Searcy ----- The amended Answer of Thomas Sharp one of the defendants to Euridice Miers Bill of Injunction - Your Defendant answereth and saith that the consideration received from Maxwell Sharp for the 228 acres of Land now in dispute, was a discharge of (p. 59) contract with said Maxwell for 320 acres of land on big Harpeth - Sworn to this 7th day of November 1800 Thomas Sharp ----- before me Bennet Searcy C M C E The Separate Answer of Maxwell Sharp one of the Defendants to Euridice Miers Administratrix to Benjamin Miers deceased, as also Humphrey Miers James Turner and Polly his wife Milley Miers Elizabeth Miers Thomas Miers Miles Miers and Patsey Miers heirs to Benjamin Miers deceased, Bill of Injunction. This defendant saving and reserving to himself now and at all times hereafter all manner of advantage and benefit of exception that may be had and taken to the many untruths uncertainties and insufficiencies in the said Complainants said Bill of Complaint contained or to so much as this defendant is advised is material for him to make answer unto, he answereth and saith - that eh admits there was a contract between Thomas Sharp and said Benjamin Miers deceas’d as stated in the said Complainants Bill as nearly so as he this defendant was informed by said Sharp- This Defendant further saith that said Thomas Sharp was indebted to him three hundred and twenty acres of land lying on the big Harpeth ---This Defendant further saith that said Sharp told him that the contract between him the said Sharp and said Benjamin Miers was void and proposed to let this Defendant have the two hundred and twenty eight acres in lieu of three that is stated in the Complainants Bill, he this Defendant being impressed with a belief that the information was true except of the proposed, and on which account the said Thomas (p 60) Sharp made this Defendant a deed of conveyance, This defendants does conceive himself to be an innocent purchaser for a valuable consideration and that the conveyance except by him from said Sharp was not without an intention to defraud any person. This Defendant admits that he caused writs of ejectment to issue against the tenants in possession, to wit, the Complainant in order that he this Defendant might get possession of his own land. This Defendant does positively say that from what said Sharp has told him and the circumstances of said Benjamin’s going away and not returning for such a length of time he did firmly believe from what said Sharp told him the aforesaid contact was null and void. This Defendant does positively deny ever giving any one of the Complainants possession of the aforesaid tract of land but that the aforesaid Euridice Miers Administratrix and complainant came out to the District of Mero and had got possession of said Land for a considerable length of time before he knew that she was in the Country positively and this Defendant doth deny all manner of unlawful combination and confederacy unjustly, charged against him in and by the Complainants said Bill of Complaint without contained material or necessary for this Defendant to make answer unto confessed or avoided, traver’d or denied is rue all which matters and things this Defendant is ready to verify and prove as this honorable Court shall award, and therefore prays to be by this honorable Court hence dismissed with his reasonable costs in this behalf most wrongfully and injuriously expended &.
Samuel Donelson For Deft (P 61) I certify that Maxwell Sharp on the 10th day of May 1799 made oath that the matters and things as stated of his own knowledge are just and true and that which is not of his own knowledge he believes to be true &. Sworn to before me the day and date above written Max. Sharp Samuel Donelson I certify I authorized Samuel Donelson to take this affidavit Searcy CMCE The amended Answer of Maxwell Sharp one of the defendants to Euridice Miers Bill of Injunction- Your Defendant answereth and saith that the consideration given by your Defendant was a tract of land lying on the big Harpeth River, to wit, three hundred and twenty acres for the land now in dispute between your Defendant and the said Euridice Miers, your Defendant further says that he knew there had been a contact between Thomas Sharp one of your Defendants and Benjamin Miers about the 226 acres of land now in dispute and which land lies on the waters of Station Camp but your Defendant does positively say that at the time he made the contract for said land he your Defendant was clearly of opinion hat the contract that had taken place between the aforesaid Thomas Sharp and the said Benjamin Myers was done away from what the said Thomas told your Defendant at the time your Defendant traded for said Land or some were about that time and from the circumstances stated in the said Thomas Sharp’s answer to Euridice Miers Bill of Injunction and from every other information our Defendant ever received upon that head of respecting the sale from the said Thomas Sharp to the Defendant Benjamin Myers and your Defendant (p 62) Sworn to before me Bennet Searcy Clerk and Master Clerk and Master in Equity this 7th day of November 1800 Bennet Searcy by Maxwell Sharp Samuel Donelson authorized by B Searcy CMCE ------ ------------------------------------------------------------------------------------------------------------------
EURIDICE MIERS & OTHERS ) Replication to the answer Vs. ) of Maxwell Sharp -- to be THOMAS & MAXWELL SHARP ) considered as filed when rule is ) Out for Defendants answer if he does ) not answer or answer fully --- This Repliant savings and reserving to himself all and all manner of advantage of exception to the manifold insufficiencies of said answer for replication thereunto saith that he will aver and prove his said Bill to be true certain and sufficient in law to be answered unto and that the said answer of the said Defendant is uncertain untrue and insufficient to be replied unto by this repliant without that any other matter or thing whatsoever in the said answer contained material or effectual in law to be replied unto confessed and avoided travers’d or denied is true all which matters and things this Repliant is and will be ready to aver and prove as this honourable Court shall direct. And humbly prays as in and by his said Bill he hath already prayed- Thomas Stewart For Complt --- ------------------------------------------------------------------------------------------------------------------ (P 63) EURIDICE MIER’S AND OTHERS ) Replication to Thomas Sharp’s Vs. ) Answer - to be considered as filed THOMAS AND MAXWELL SHARP ) when rule is out for Defts answer ) if he does not answer or answer ) fully The Replication of the Complainants to the answer of Thomas Sharp one of the Defendants ------ This Repliant saving and reserving to himself all and all manner of advantage of exception to the manifold insufficiencies of said answer for replication thereunto saith that he will ever and prove his said Bill to be true certain and sufficient in Law to be answered unto, and that eh said answer of the said Defendant is uncertain untrue and insufficient to be replied unto by this repliant without that that any other mater or thing whatsoever in the said answer contained material or effectual in the law to be replied unto confessed and avoided traversed or denied is true all which matters and things this Repliant is and will be ready to aver and prove as this honourable Court shall direct and humbly prays as in and by his said Bill he hath already prayed --- Thomas Stewart for Complainant And at May Term 1803 this Cause coming on to be heard and upon Solemn Argument and thereon by Counsel on both Sides. It is Ordered by the Court that the said Bill be Dismissed.
DEED: BRASSEL, WILLIAM of Tryon County, North Carolina to James Miller 21 August 1772 Lincoln County, North Carolina Real Estate Conveyances, 1769-1774, C.060.40001, Vol. 1, pp. 682-683 This Indenture, made the 21st day of August in the year of our Lord 1772 between Wm Bassell of the County of Tryon and province of North Carolina of the one part and James Miller of the County of Tryon and province of North Carolina of the other part Witnesseth that for and in consideration of the sum of forty five pounds proclamation money to the said Wm Bassell in hand paid by the said James Miller at and before the sealing and delivery of these presents the reciept of payment whereof , Hath granted bargained and sold and assigned, conveyed and confirmed and by these presents doeth grant barain sell, alien enjoy convey and confirrm unto the said James Miller his heirs and assigns forever one certain tract piece or parcel of land, lying and being in the said county of Tryon and province of North Carolina on both sides of Broad River including his improvements beginning or including the mouth of Two Creeks and a white oak tree marked W.B. Beginning at a cluster of small white oaks so side of the river on the hill side and rivers No and E 180 poles to a stake thence So of East 180 poles to a pine, thence So of W 180 poles to a red oak, thence to the beginning [this description is not clear] with the appurtenances situate lying and being aforesaid with these of every of their rights, members and appurtenances whasoever, and the reversion or reversionary remainder and remainders of all and singular the lands tenaments hereditments and premises hereby granted or included to be granted and of every part and parcel thereof and all costs assessed services assigned(?) to them or any of them or any part or parcel of them or any of these incidental belonging or appartaining of, And also all and every the estate and estates rights titles claim interest and assessments whatsoever of him the said Wm Bassell of or into the sd lands tenaments herediments or premises whatsoever hereby granted or mentioned to be granted or any of them or any part or parcel thereof. To Have and to Hold the said lands tenaments hereitaments and premises hereby granted with their appurtenances to the sd James Miller his heirs assigns, to the only proper use of _______ the said James Miller his heirs assigns forever and the said Wm Brassell for himself his heirs exec or adm does hereby promise covenant and agree that said Wm Brassell his heirs exec or adm shall at will at all times warrant and forever defend the said James Miller his heirs and assigns against all /lawful claims or demands whatsoever whereby the above mentioned premises might or may be affected or encumbered contrary to the true intent of meaning of these presents. Witnesseth whereof the sd Wm Brassell has hereunto set his hand and seal the day and year above written. /s/ William [his mark] Brassell (seal). Signed and sealed and delivered in the presence of : Jonas Bedford ) William Cleghorn ) North Carolina Edward [his mark] Hogan ) Tryon County, January session 1773. The within deed was proved in open court and recorded in the clerk’s office. Ordered to be registered. And Neil, C.C. |
