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 9th 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. 50o W. 60 poles crossing a draft to a white oak thence S. 40o W. 190 poles to a White oak ~ thence N. 50o 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. 50o E. 90 poles cossing the draft to a white oak & Black oak & N. 40o 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 9th 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 17th day of August 1822.
Henry Welsh
2nd 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 2nd 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 3rd 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
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