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 18th 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 26th 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 24th 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.
It's wonderful that there are other researchers for this family and that you can read what they've found. I don't know if you can discuss with them, too, but that would be even better. Have you found an old map that delineates property lines? I haven't researched property this early but have found property maps for Pennsylvania in the mid-1800s.
ReplyDeleteNancy, I appreciate you sharing your thoughts. I've reached out to the Todd researchers and am currently watching my mailbox for material from Aunt Rachel's line. Looking for property lines on maps is a very good idea. The 104 acres stayed in the family for generations. Thanks for visiting.
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