Review, Re-Do, and Rethink Todd Ancestry: James Todd Jr. Buys out his Brothers

Review:

I continued reviewing Katherine Bushman’s The Todd Family of Mossy Creek, Augusta County, Virginia. Mrs. Bushman cited Deed Book 33, page 345 in her proofs for James Todd Sr. She concluded Nathan, Samuel, and James Todd Jr. sold James Sr.’s land on Pudding Run in 1804.

FamilySearch.org digitized some Augusta County, Virginia deeds. I was able to view the deed in question at a Family History Center near my home. My read on the document differed from Mrs. Bushman.

Re-Do:

I’ll summarize my interpretation and follow with a transcription of the agreement.

The Augusta County, Virginia indenture was dated November 1, 1804—five years after James Todd Sr. died. Nathan and Samuel Todd each sold their undivided sixth share in a tract of land located on Pudding Run to James Todd Jr. The land belonged to their late father.

Money changed hands to seal the deal. James Junior paid Nathan and Samuel 30 Pounds each after borrowing 60 Pounds from J. McCue Dec. 18, 1804.

Transcription: Augusta County, VA Deed Book 33, pages 345-346

This Indenture made the first day of November in the year 1804 between Nathan Todd & Samuel Todd of the County of Augusta of the one part, & James Todd of the same place of the other part,  Witnesseth that the said Nathan Todd & Samuel Todd each for themselves & for and in consideration of the sum of thirty pounds to Nathan Todd & Thirty pounds currency to Samuel Todd to them in hand paid by the aforesaid James Todd at & before the ensealing & delivery hereof the receipt whereof is hereby acknowledged & themselves fully satisfied contented & paid do each for themselves Grant bargain sell assign alien ______ & confirm unto the said James Todd his heirs & assigns forever each and all their undivided part of in and to a Tract of land lying in Augusta County on Pudding run which s’d tract of land their Father James Todd dec’d Sr was seized & possessed of & which they hold as heirs at law of the s’d JamesTodd Sr dec’d to have & to hold the s’d two undivided shares to him the s’d James Todd & his heirs & assigns forever and the said Nathan Todd & Samuel Todd do covenant and agree to & with the s’d James Todd & his heirs & assigns forever that they will forever warrant and defend each his undivided sixth part of in & to the aforesaid Tract of land against themselves their heirs & c. & all others claiming anything therein or thereto by from or under them or any of them to him the s’d James Todd & his heirs & assigns forever.  Given under our hands & seals the day & year first written.

                                                                                    Nathan Todd

                                                                                    Samuel Todd

Test

James Cochran

William Cochran jun

Thomas Denny

I do assign my right and title to the two parts or Shares mention in the within Indenture, which shares I have bought of my brothers Nathan and Samuel Todd, together with my own sixt part of my fathers tract of land, on the within mentioned pudding run;  I say, I do assign my right and title, and that of my heirs, forever to J. McCue his heirs forever, in order to secure to him the Just and full payment of Sixty pounds one Shilling and nine pence on dem’d this 18^th day of Dec’r 1804 and he may sell said land any day to make his money. Witness my hand and Seal the day above written.

                                                                                    James Todd

Test

James A. McCue

Deed Book 33, page 346

Top of page

At a Court Continued and held for Augusta County June the 26^th 1805 ~~

This Indenture of bargain and Sale between Nathan Todd & Samuel Todd of the one part, and James Todd of the other part was proved by the Oath of William Cochran jun’r a witness thereto ~~

At July Court 1805 This Indenture was proved by the oath Thomas Denny a witness thereto ~~

At a Court held for the said County the 24^th day of March 1806

This Indenture was further proved by the oath of James Cochran a witness thereto and ordered to be recorded.

                                                                                    Teste

                                                                                    Chesley Kinney C.C.

It’s too bad a more detailed land description wasn’t included. I only know James Senior’s land was in the same vicinity as the 104 acres that James Junior paid the Davies family 100 Pounds on Pudding Run in 1822. See my last blog James Todd’s Ties to Pudding Spring Draft.

Richard McMurtry’s web site The Todds of Augusta County, Virginia is a genealogical goldmine for Todd family descendants. Mr. McMurtry traced the history of the 104 acre lot on Pudding Spring Tract to James Todd Sr. James Senior “encumbered a debt” with James and Walter Davies in 1795. The Davies’ purchased the land from the Hogshead family in 1793 and they obtained the parcel from the original patent owner Moses Hall. In 1799 the Davies’ went to court to get the money they were owed.

I confirmed a connection between James Todd Senior and the Davies among my papers. Senior died intestate leaving his son George to administer his estate. George Todd’s settlement was presented in Augusta County June 22, 1801. At first glance I thought the first item read ‘To paid Davies Executor 7 Pounds, 9 Shillings’.

Excerpt from Augusta Co. VA Will Book 9, page 113

Only when I enlarged the image, I saw ‘To paid Davies Execution’. Execution—what’s that? I checked my A to Zax Dictionary and soon realized James Todd Sr. had a judgment against him because he didn’t pay a debt. The Court had stepped in to satisfy the debt. This agrees with Richard McMurtry’s research.

I learned more specifics about the Todd tract from Peggy D. Munson’s web page Lytle Family: Register Report of James Hogshead. James’ son, William Hogshead, bought 2 lots on Pudding Spring Draft Aug. 16, 1773 from Moses Hall. One tract contained 104 acres and the other 99 acres. The Davies’ paid 120 Pounds for both Sept. 17, 1793.

  

I looked for Moses Hall on the Library of Virginia web site among the Land Office Patents issued by the Secretary of the Colony. He did indeed receive a land grant August 16, 1756 for 104 acres on Pudding Spring Branch in Augusta County, VA. I downloaded an image of the patent to study. Lo and behold, the land description was almost word for word as written in James Todd Jr.’s 1822 deed.

Rethink:

It seems James Todd Sr. owned the 104 acres on Pudding Spring Draft near the waters of the Mossy Creek. Then James Todd Jr. took over the property. A similar scenario was played out by James Junior’s children leaving the land to Todd grandsons Preston and James H. Todd.

By this time you know I’m a document diva so my next task will be to find any evidence of these dealings in court records.

Review, Re-Do, and Rethink Todd Ancestry: James Todd Jr.’s Ties to Pudding Spring Draft near the waters of Mossy Creek

Review:

In my last post, Review, Re-Do, and Rethink Todd Ancestry: James Todd Jr.’s Will, I wrote:

   “Finding the 104 ½ acres of land mentioned in the inventory gives me hope I’ll find more information in land records.”

Re-Do:

As I hoped, I found the recorded deed among the Augusta County, VA Deed Books. Grandfather purchased a parcel located on Pudding Spring Draft near the waters of Mossy Creek from Davies family members August 9, 1822.

Transcription from Deed Book 46, pages 430-433:

This Indenture, made and entered into this 9^th day of August in the year of our Lord one thousand eight hundred & twenty two  In pursuance of a decree of the worshipful Court of Augusta in Chancery at the August Term 1820 ~ In a Suit then & there depending between James Todd of the said County of Augusta of the one part & Walter Davies Sen’r, Martha Davies widow of James Davies dec’d, Jane Davies, Ann Davies, Polly Davies, Walter Davies Jun’r. & Walter Davies Sen’r as Guardian of James Davies infant of the County of Rockingham of the other part, all of the State of Virg’a. Witnesseth, that the said Walter Davies Sen’r & Rebecca his wife, Martha Davies, Jane Davies, Ann Davies, Polly Davies, Walter Davies Jun’r & James Davies by his said Guardian for and in consideration of the sum of one hundred pounds to them in hand paid, the recpt. whereof is hereby acknowledged have granted bargained & Sold & by these presents do grant bargain & sell to the said James Todd his heirs & assigns a certain tract or parcel of Land situate & being in the County of Augusta on Pudding Spring Draft near the waters of Mossy Creek containing by survey one hundred & four acres, be the same more or less  Bounded as follows.  Beginning at two white oaks & two pines on a hill on the South east side of the Draft & running thence N. 50^o W. 60 poles crossing a draft to a white oak thence S. 40^o W. 190 poles to a White oak ~ thence N. 50^o  W. 30 poles to a white oak saplin on a hill  thence S. 40 W. 60 poles to a black oak on the side of the Draft   thence S. 50^o  E. 90 poles cossing the draft to a white oak & Black oak & N. 40^o E. 250 poles to the beginning.  Together with all and singular appurtenances there unto, belonging or in any wise appertaining to have & to hold the said tract of Land with its appurtenances unto the said James Todd, his heirs and assigns to the only proper use and behoof of him the said James Todd, his heirs and assigns forever.   And the said Walter Davies Sen’r, Martha Davies, Jane Davies, Ann Davies, Polly Davies, Walter Davies Junior & James Davies by Walter Davies his Guardian for themselves respectively and for their several heirs, Ex’rs & Adm’s do covenant with the said James Todd, his heirs and assigns, that they the said Walter Davies Sen’r, Martha Davies, Jane Davies, Polly Davies, Ann Davies, Walter Davies Jun’r & James Davies by Walter Davies his Guardian their several heirs. Ex’rs & Adm’s the said tract of Land with its appurtenances unto the said James Todd his heirs and assigns against the claim of them their several heirs and of all & every person or person whatsoever shall and will forever warrant to defend.  In Witness whereof they have unto set their hands & affixed their seals the Day & year first above written.

                                                                        Walter Davies

                                                                        Rebekah Davies

                                                                        Marth  (her mark) Davies

                                                                        Jane R. Davies

                                                                        Anna Davies

                                                            Mary S. Davies

                                                            W. Davies Jr.

                                                            James Davies

                                                              By Walter Davies

                                                                        His Guardian          

Rockingham County, Sct.

  We Henry Welsh & Richard P. Fletcher Justices of the peace in the County aforesaid in the State of Virginia do hereby certify that Walter Davies Sen’r & Rebecca his wife, Martha Davies Widow of James Davies dec’d, Jane Davies,  Anna Davies, Polly Davies, Walter Davies Jun’r the said Walter Davies Sen’r acting likewise as Guardian for James Davies, an infant son of the said James Davies dec’d, parties to a Deed bearing date the 9^th Day of August 1822, personally appeared before us in our County aforesaid and acknowledged the same to be their Act & Deed and desired us to certify their acknowledgement to the Clerk of the County Court of Augusta in order that the said deed may be recorded. We likewise certify that the said Rebecca Davies wife of W. Davies Sen’r being examined by us privily and apart from her husband & having the Deed aforesaid fully explained to her she, the s’d Rebecca, acknowledged that she had willingly signed, sealed & Delivered the same & that she wished not to retract it. Given under our hands & seals the 17^th day of August 1822.

                                                                        Henry Welsh

                                                2^nd                   R. P. Fletcher

Augusta County August Court 1822

  This deed from Walter Davies Sen’r and Rebecca his wife, Martha Davies widow of James Davies dec’d, Jane Davies, Ann Davies, Polly Davies, Walter Davies Jun’r, and said Walter Davies Sen’r Guardian of James Davies Infant  ~ to James Todd and presented in Court and having been duly acknowledged before two Justices of the peace for the County of Rockingham and certified here, the same is ordered to be recorded together with the certificate thereon endorsed.

                                                                        Teste

                                                                           Erasmus Stribling   cc.

The 2^nd sentence in the deed piqued my interest:

  “In pursuance of a decree of the worshipful Court of Augusta in Chancery at the August Term 1820 ~ In a Suit then depending between James Todd of the said County of Augusta of the one part & Walter Davies Sen’r, Martha Davies widow of James Davies dec’d, Jane Davies, Ann Davies, Polly Davies, Walter Davies Jun’r. & Walter Davies Sen’r as Guardian of James Davies infant of the County of Rockingham of the other part, all of the State of Virginia.”

What happened in 1820? And what was the problem? As quick as I could, I found myself online at the Library of Virginia website. The Library has digitized images of the Augusta County Chancery Causes. I searched for a ‘Todd vs Davies’ suit but didn’t find it.

The Library of Virginia’s microfilm holdings include a sizeable collection for Augusta County. Records of Chancery Suits are among the films. I asked my reference librarian for help. Via interlibrary loan, my library requested 3 microfilms containing Records of Chancery Suits (1820-1821) for me. Two of the films have already arrived and I’ve examined them but once again haven’t found the chancery suit I seek. Perhaps the 3^rd microfilm will answer my questions.

Even if I don’t locate James’ chancery suit, I learned about a wonderful new resource. The images provided on the Library of VA website contain loose papers from the court files while the microfilms consist of bound books prepared by a court clerk. I took note of several suits while viewing the microfilm and later searched the LVA Chancery records and found no images for those causes. The clerk’s account looks to be as informative as the LVA’s images.

Does this mean some of Augusta County’s original chancery records didn’t survive to be digitized? Augusta County researchers, are there still chancery records in Augusta County that were not digitized by the LVA?

Rethink:

Not only did I get the recorded deed when James Todd Jr. acquired the 104 acres but also learned how his granddaughter fought to get her share of the Todd lands many years later. I’ll talk about that in a future post.

In the meantime, I’ll keep trying to find the 1822 chancery suit ‘Todd vs Davies’.

Virginia Landscape, 1830’s

Joshua H. Shaw

Courtesy of Wikimedia Commons