William Smith (1752– ?) m. ?
- Henry Smith (1727-1792) m. to Amy Hampton (1730-1794) (I haven’t personally confirmed the mother’s surname yet – but this seems to be the consensus. Henry Smith started “Smiths Ford” in Union County, South Carolina)
- Abraham Smith (1748-1806) m. Mary Guyton (1755-1831)
- John Smith (1750–1835) m. Sarah Guyton (1763-1800)
- Gideon Smith (1752–1783) m. Jean Steen (1755-?)
- William Smith (1751– ?) m. ?
- Elizabeth Smith (1754–1783) m. Joseph Jolly (1751-1836)
- Daniel Smith (1756–1779) (confirmed in Jonathan Smith’s Rev. War Pension Application – Daniel died in the war)
- Sarah Smith (1756– ?) m. John Ramsey (1747-1825)
- Henry Smith (1759– ?) m. Sarah Langston (1759-1794)
- David Smith (1761–1806) m. Barsheba Lusk (1773-?)
- Jonathan Smith (1765–1829) m. Margaret Guyton (1752-1800)
FACTS and NOTES:
1771 Oct 27 – (Lease) Joseph Neal to William Smith deed for 100 acres p 94, Vol 1771-1772, Tryon Co, NC
… between Joseph Neal of Broad River in Tryon County and Province of NC planter of the one part and William Smith of Broad River and County and Province afsd of the other part … in consideration of the sum of 30 pounds … confirm unto the said William Smith … land … in the County of Tryon and the Province of North Carolina … on both sides of a Branch of Broad River known by the name of Kings Creek … containing 100 acres … granted to sd Joseph Neal by pattent … 6th of May 1769 …
Signed: David Roberson
Wit: William Safold Jr, John Steen, Irby Disbery
(Release) – pg. 95-96. …. (same description)
Signed: Joseph Neal
Wit: Jacob Randall, George Tuban
1772 May 22 – Abraham Smith 200 acres Tryon, on both sides of Howards Creek of Broad River, … Boggans corner running thence … Abraham Smith was issued 200 acres of land on 22 May 1772 in Tryon County, located “Both Sides of Howards Creek“. This was recorded in Land Patent Book 22 page 101 as Tryon County Grant # 423. From PATENT BOOK. Issued: 22 May 1772. County: Tryon. Grant no.: 423. Book: 22 pg: 101
1772 May 22 – Abraham Smith was issued 150 acres of land on 22 May 1772 in Tryon County, located “Both sides of Howards Creek of Broad River – nearly with Henry Smith’s line“. This was recorded in Land Patent Book 22 page 103 as Tryon County Grant # 436. The original request for this land was entered on Aug 1771. It took 10 months to issue the grant.
1778 Dec – 1782 Feb Rev War Indents. Service dates (558 days of service) for Henry Smith Jr.
1785 May 13 (pg 1) – 2: No 365 – Henry Smith
This Accot of Sundrys for Militia use
Amots to L49.18.5
Forty nine pounds, eighteen shillings and five pence sterling.
NB most of the articles charged within are high & this accot is not properly vouched
Exd W G McAn?
This acct to be more particularly certified. E D.
(Pg 2) – The United States to Henry Smith Det.
To 10 bushels of corn …
To 16 ducts ….
To forrage …
To forrage for the horses 8 days …
To rations for three men 8 days …
The State of South Carolina to Henry Smith …
To forrage & Rations for Genl. Sumter’s Army …
To one sheep … by John Wallace …
To one sadle and bridle emprest by Capt Stevens …
To forrage duts & … sundrys …
To three bushels wheat ….
By Samuel Watson paid … 42.9.1
South Carolina C District} personally appeared Henry Smith and Jonathan Smith and being sworne saith that they gave corn for the use of ….. 9th of May 1783 .. Henry Smith, Jonathan Smith
S Carolina} Personally appeared before me Adam Meek & James Thompson … made oath that Genl Sumter and his army lay at the house of Henry Smith and also that they are of opinion that provisions and forage was given them to the amt of L19 sterling. Adm Meek, James Thomson.
(Pg 3) – N B this acct not vouched properly – Received 3 May 1785 full satisfaction for the within casse in indent ….Abraham Smith.
(Pg 4) – 1787 March 27 – I do hereby certify that the articles in Henry Smith’s account not heretofore certified is just. Signed: Wm Hill, Col.
1781 Jan 14 – Received of Mr Henry Smith 15 diels(sp?) also three pecks of corn and 10 sheaves of oats for use of the horses of the third regiment of light dragoons. Thomas May.
1781 Aug 9 – Received from Hendrey Smith three bushels of wheat it being for the yous of Genl Sumters army … Samuel Watson, Contractor.
1788 May 9th – Before me personally appeared Samuel Denton before me and made oath that he saw one said ….. the property of Henry Smith impressed by Capt Stevenson for the use of the Services …. Samuel Denton.
(Pg 5) – 1780 Nov 24 – Rcd of Mr Henery Smith one sheep valued at 4 hundred dollars for a detachment of men belonging to Col. Hillyrd. John Wallace, Cpt.
South Carolina} To Edward Blake and Peter Bauete, Esqr.
Commissioner of Treasury of Public Accounts Charleston. I do hereby appoint Abraham Smith my true and lawful attorney for me in my name to ask and receive the whole of my indents with the intrest and his receipt shall be your discharge for the same. Nov 30, 1785. Signed: Henry Smith
May 17, 1785? – Mr Henry Smith Jr & Mr Daniel Smith, their accounts of sundrys for militia use. Charged L395.5.
NB 2 horses charged L160 ….
State of South Carolina Debter to Henry Smith for services under Lieut Smith 50 days ….
Under Capt Thomson 31 days ….
Under Lieut Davis 10 days …
? Horse lost at Ashoo ….
To 56 days service done by Daniel Smith Lieut, deceased …
Deciesd(sp?) at L15 per day ….
to 1 horse lost in the service at Barnes Bridge …
(Pg 6) – H Smith Jr … (Indent recd) …
(Pg 7) – This is to certify that Hendry Smith being in the militia service with me as horsman lost his horse at BrierCreek Defeit on the 3d day of March 1779 the apprisment of which is in the adetor Genl office certified this 1st Jan 1788 frm me. Samuel Watson, Col.
Personally appeared before me John Smith and William Smith and being sworn saith that they have apraised one hore the property of Henry Smith to 50 pounds lost at Brier Creek defate and said that they have reason to believe that the sd horse was not lost by neglect of the owner sworn to before me this 9th day of May 1783. John Smith, William Smith.
1787 March 25 – Gentlemen, Please to deliver my indents to James Martin Esqr in Col Bratten’s Regt which will oblige your humble serv…. Henry Smith Jr.
(Pg 8) – Indent paid to to Henry Smith Jr … 30 pounds 9 pence May 17, 1785 …
(Pg 9) – Receipts for payments received by Henry Smith (Sept 28, 1787, Feb 29, 1788, June 2, 1789, Feb 12, 1790, Feb 21, 1790) …
(Pg 10) – 1785/6 June 29 – Henry Smith’s acct 558 days duty in militia Dec 7, 1778 to Feb 5, 1782.
(Pg 11) – State of South Carolina to Henry Smith
Dec 1778 – to 56 days duty
March 5, 1779 – to 28 days duty
April 10, 1781 – to 210 days duty
Feb 5, 1782 – to 264 days duty …
Appeared Henry Smith and made oath that the above duty charged 556 days has been justly perfored and that he has never recd any part thereof. Sworn to before me this 15 day of June 1784. D Hopkins, JP.
(Page 12) – (indent)
(Page 13) – (indent for Henry Smith paid June 9, 1787)
Series: Accounts Audited of Claims Growing Out of the Revolution (S108092):
Archives ID: Series: S108092 Reel: 0136 Frame: 00325 ignore: 000
1786 July 17 – William Smith and wife to William Lockhart bk A, p 216 Union Co, SC.
… between William Smith of Union Co, SC and William Lockard of the same place of the other part … confirm unto the said William Lockard … a certain tract of land laying on Broad River in Union County … containing 150 acres … originally granted to Isom Peoples … and from him conveyed to Mathew Russell and from said Russell to William Smith Sr, and from the said William Smith Senior to his son William by will … at a hickory on the River Bank a few poles below the mouth of Peoples Creek …. crossing the creek above the fork … to a Gum on the River Bank … to the beginning …
Signed: William Smith, Martha Smith
Wit: James Terrell, Abner Robison, Henry Smith.
Oct Court 1786. York Co, SC. Page 48. Deed of Sale trom Jacob & Mary Gardner to William Smith for 100 Acres dated 19 June 1779, proven by John Smith & Henry Smith Junr, Evidences thereto.
April Court 1787. York Co, SC. Page 82. James Hannah Senr vs. Rachel Smith & William Smith. Trover . Petit jury: James Fergus John Rice, ‘”John Vineyard, Sam’l Burns, Joseph Patterson, Isaac Enloe, Robert Ash, William Love, John Venable, John Bridges, Abraham Smith, Capt John Chambers. Give verdict for the defendants .
May Court 1791. York Co, SC. Page 305. Will of Henry Smith deceased was proven by Nathaniel Guyton, an evidence thereto & ordered to be recorded.
1791 – WILL OF HENRY SMITH – written 11 July 1790
He died in 1791, likely in York County, SC
In the Name of God Amen. I Henry Smith of York County State of South Carolian [sic] being weak in body & much distressed by pain, yet through the Assistance of Divine Providence of sound Judgment of memory. Do make this my last Will of Testament, hereby excluding all others hithertofore made by me. Commending my Soul to God who gave it to be received by him through the merits of Jesus Christ. And my Body to the dust to be decently Buried at the expence of my Executors.
…And first I will that my beloved Wife do hold & possess all my Estate real & personal during her life or widowhood, and then to be disposed of in the following manner.
… And first to my eldest son Abraham I will & Bequeath my second volum [sic] of Pools Anotations [sic]
… To my son David I will the plantation where on I live to Hold the same in Fee Talc. And in case he dieth without heir of his body, to be sold & divided amoungst the rest of my children male & female.
… To my son John I Bequeath fifty Acres of Land.
… And to my son Henry one hundred acres the which they are already possessed of and also to my son Henry my Negro fellow named Sam together with one half of the fishery in his Brother John’s division. x x x x x x
… To my son Jonathan I will my Negroe Wench named Rosse reserving at the same time forty pounds to be paid by him to his Brother William in trade. & her first child if she has any to my Daughter Sarah Ramsey.
… To my grandchild Henry Jolley I Bequeath a mare worth ten pounds together with two milch Cows to his mother to be paid by my Executors.
… And the Remainder of my Estate to be divided equally amoungst my Daughters married & single.
… Appointing my beloved Wife Amy two sons John & William Executors of this my last Will and Testament.
Sign,d & Seal,d this Eleventh Day of July in the year of our Lord One thousand seven hundred & ninety.
Signed Henry Smith [scrawled seal]
In Presence of Nathan N. Guyton (his mark). Nicholas Correy
York County, South Carolina Wills Vol. A-12 Page 65 Will No. 37. (FHL film: 229694)
1792 Jan 21 – William Smith fr John Reid, bk D, p 318 Union Co, SC.
… between John Reid of the State of South Carolina Union County of the one part and William Smith of the State and County of the other part … confirmed unto the said William Smith … part of two tracts of land one of them granted to Ann Goin the 21st day of June 1765 … and the other granted to John Weedingman bearing the date the 12th day of Oct 1772 … the said land conveyed to the said John Reed by the said John Weedingman lying and being in the County of Union and next above Fannins Creek on Broad River bounded on the upper side by Geo Bailey’s land … on the bank of said Broad River and at the mouth of said Fannins Creek … to an oak on the Bank of said Broad River thence down the river to the beginning containing 150 acres … to the said William Smith …
Signed: John Reed
Wit: Elias Wright, William Reed, Obediah Kendrick
1792 Aug 20 – Edward Bridges, Plat For 196 Acres adj Abraham Smith, William Smith, Henry Smith, and widow Smiths land, On East Side Of Broad River, York County, Camden District, Surveyed By James Pinkerton.
Broad River; Camden District; York County
Series: State Plat Books (Charleston Series) (S213190). Document Type: Plat
Images: Available at SCDAH building or by order. See How to search menu.
Archives ID: Series: S213190 Volume: 0028 Page: 00356 Item: 001
May Intermediate Court 1792. York Co, SC. Page 343. Ordered that Joseph Clark be appointed Overseer of the road commonly called Quinn’s Road. from Hugh Quinn Senrs to Kings Creek, William Smith from thence to Goyan Moores Creek. Abraham Green to be Overseer of sd road from Buffaloe to Hugh Quinns in room of Jas Bridges decd.
1793 Sept 17 – William Smith to Jos French, bk C, p 467 – 100 acres Bullocks Cr. York Co, SC
… between William Smith of York Co, SC planter, and Joseph French of the county and state afsd … in consideration of 60 pounds sterling … confirmed unto the said Joseph French … land situated lying and being in the State & County afsd on the waters of Bullocks Creek containing 100 acres … part of a certain tract granted to Jacob Barnet … 2d day of October 1786 …
Signed: William Smith
Wit: Isaac Smith, Rodah Smith, Joseph Howell
1794 April 5 – Henry Smith (by admr), Abraham Smith (admr) to Henry Smith, bk D, p 303 – 100 acres. York Co, SC
… between Adam Meek Esqr Sher of York Co in the State of South Carolina of the one part and Henry Smith of the County and State aforesaid of the other part … James Jordan of Spartenburgh and State aforesaid, did Implead Abraham Smith in and action on a not of hand in York County … did obtain a judgment …. a Fr Fa was issued from the County Court of York aforesaid … delivered to Adam Meek Esqr Sher of said County … that of the goods & chattels lands & tenements of Abram Smith admr of Henry Smith decd be sold to satisfy said Judgment and costs … a certain tract or parcel of land containing 100 acres be the same more or less being the remainder of 150 acres granted to Henry Smith Sr by Governor Tryon in the year 1765 bounded by what is commonly called Smiths old place on the one side and by John Smiths on the East. West by William Smiths land which was sold unto the above named Henry Smith for the sum of 5 shillings sterling … the sum of 5 shillings to him in hand paid by the said Henry Smith …. unto the said Henry Smith … all that said tract of 100 acres above mentioned and described …
Signed: Adam Meek
Wit: William Smith, Abrm Green
1803 Aug 6 – John Smith to Daniel Smith, bk F, p 450, 111 and 1/2 acres Broad River. York Co, SC
… John Smith of York County … in consideration of 10 dollars … by Daniel Smith of State and Dist afsd … sell to the said Daniel Smith … land on the S side of Howard Branch … white oak on Abraham Smith’s land … 111 and 1/2 acres being lands granted to the sd John Smith … 20th of April 1800 …
Signed: John Smith
Wit: Henry Smith, William Smith, Mich Gaffney,
1804 Oct 12 – William Smith fr Hugh Bankhead, bk H, 209 Union Co, SC.
… I Hugh Bankhead of the District of York and state aforesaid … sell and release unto the said William Smith all that tract or parcel of land containing 114 acres more or less … in Union District and State aforesaid on the W side of Broad River being part of a tract of 400 acres originally granted to James Fannin being the upper part of said tract of 400 … on the bank of Broad River and running thence …
Signed: Hugh Bankhead
Wit: Jo. Brown, J. A. Whyte
Judith Bankhead, the wife of the within named Hugh Bankhead … relinquished her right and claim of dower …
1808 Oct 4 – Estate of John Martin decd to William Smith, York Dist, SC … between Richard Sadler Esqr Sher of York Dist in the State afsd of the one part and William Smith of Yorkville in the Dist and State afsd of the other part …. John Martin in his lifetime … at the sime of his death was seized … of land in the Dist and State afsd on Bullocks Creek intended to be hereinafter described …. after the death of said John Martin, Elizabeth, James Martin, and Joseph Palmer duly obtained letters of adming …. Andrew Boddan obtained and entered up his judgment against said Elizabeth Martin admx and Joseph Palmer two of the admins, James Martin not being found, for the sum of 170 dollars and 42 cents and 20 dollars and 11 cents for costs … John Winn, Benj Waring, and William Miles obtained and entered up their judgment against Elizabeth Martin admx and James Martin and Joseph Palmer admin for the sum of 709 dollars and 89 cents …. Richard Sadler, esqr, Sherr of York Dist … zeized upon … the said plantation or tract of land .. public auction … William Smith for the sum of 1200 dollars being the highest and last bidder … land lying on both sides of Bullocks Creek … E side of Creek by John Hartness line at time of original survey, now E. Davis’ line …. 300 acres …
Signed: Richard Sadler
Wit: John McCaw, William McCaw
Discovery & relief, 1822, No 16. Bills, packet nos. 16-25. York Dist.
State of South Carolina, York District
1814 May 20 – William Smith fr William Sharp, bk M, p. 178 Union Co, SC.
… I William Sharp of the District of Union … in consideration of the sum of 4000 dollars … paid by William Smith of the District of York … sell and release unto the said William Smith all that plantation or tract of land containing 380 acres … the grant to me the said William Sharp bearing date the 15 day of Oct 1784 … in 96 Dist at the time it was granted but now Union Dist … bounding NE on Broad River, SW on Pacolet River, NW by lands claimed by Cunagaine, now claimed by Mr Lindsay … on the bank of Broad River a little above the ford called Hamilton’s Ford …
Signed: William Sharp
Wit: Jos. Gist, A W Thomson
Mary Sharp … wife of William Sharp … relinquished dower …
1815 July 1 – William Smith and Capt. James McGriff to Church of New Bethel, bk H, p 179, 5 and 3/4 acres Suseys Cr
… I William Smith of the Dist of York and State afsd and Capt. James McGriff of the Dist of Chester and State afsd in consideration of 12 dollars to us paid by William O’Neal and William Roberson … appointed agents or Trustees for the Church of New Bethel in the Dist of York and State of South Carolina … sell and release unto the said William O’Neal and William Roberson … land lying in the fork of Sucey’s and on the S side of Sucey’s Creek … near the Waggon Road … containing 5 and 3/4 acres … bounded on all sides by land belonging to William Smith and Capt. James McGriff …
Signed: William Smith, Captain James McGriff.
Wit: Silas Kolb, Robert Meek
1822 – James P Martin etal v William Smith etal, discovery & relief, 1822, No 16
State of South Carolina, York District}
To the Honorable Judges of the Court of Equity
… Orators James P Martin, Joseph G Martin, and Julius M Martin. … John Martin late of the District and State afsd was … at the time of his death devised and possessed of a large real and personal estate constituting of different tracts of land and between 20 and 30 negroes, besides other valuable property in bonds, notes, and a large stock of horses, cows, and so forth … John Martin departed this life intestate on or about the 8th day of June 1802 leaving a widow Elizabeth Martin and 4 children as his only heirs and next of kin … 3 of which children your orators the 4th John F R Martin died intestate and whilst quite and infant. … shortly after his death administration … the goods and chattels, rights and credits which were of the said John Martin decd was granted by the ordinary in and for the Dist and that … his widow and relict Elizabeth Martin, James Martin, and Joseph Palmer. That the said administratrix and administrators by virtue of their letter of admin became possessed of the whole personal estate … and as your orators are informed and believe sold a considerable part therof to an amount considerably more than sufficient to pay all the debt of the estate and defray the expenses of administration.
Your orators further shew … that a certain Andrew Bodan instituted a suit in the Court of Common Pleas at York Court House in for the Dist and State afsd against Joseph Palmer and Elizabeth Martin administrator and administratrix as afsd for the purpose of recovering the sum of 120 dollars 42 cents secured to be paid by a common promissory note … given by the confession of the said Defendants and was entered up and enrolled against them as admin and admstx afsd for the sum of 170 and 42 cents debt and 20 dollars 11 cents cost all which will more fully appear ref being had to a certified copy of the said record herewith filed as a part of this Bill and marked Exhibit B.
… Your orators further shew unto your Honors that Richard Sadler Esqr then Sher of York Dist on the 4th day of Oct 1808 … by virtue of some pretended or supposed authority devised from or under the said judgment sold a tract of land which the said John Martin decd … possessed containing 300 acres … in the Dist and State afsd on the waters of Bullocks Creek adjoining the lands of Elnathan Davis deceased of William Smith and others, at which sale so made was afsd one of the Defts William Smith became the purchaser at the price and for the sum of 1000 dollars or thereabouts …. your orators are informed obtained titles for the same … your orators charge that said tract of land was at that time well worth and would have sold for seven or eight thousand dollars if the same had been legally and fairly exposed to sale. And they further shew unto your Honors that the said William Smith has held possession of the said tract of land ever since his purchase until very lately when he as your orator is informed and believe sold and conveyed away the same to Robert Latta of the Dist and State afsd and that while in his possession the said tract was very much injured and exhausted by cutting down the timber clearing and cultivation, that the large and abundant crops he raised on the afsd tract of land since his afsd purchase up the the time of his above mentioned sale have been sources of income, wealth, and profit to the said Deft. The annual rent of which tract of land one year with another your orators charge to be well worth 500 dollars per annum.
… your orators further shew unto your Honors that notwithstanding all three of the said administrators were jointly entrusted in and charged with the administration of the said estate, yet the said Elizabeth Martin performed few or now acts as administratrix as afsd. But being confined with the care and troubles of a then helpless and infant family, trusted the whole management of the estate either to the said Joseph Palmer or the said James Martin or to both of them jointly.
And they further shew that throughout the whole course of admin upon the said estate the said admins acted under the counsel, advice, direction and superintendence of the said William Smith who was at that time and for a consideration after an iminent counsil and practicing lawyer in the Courts of this State residing at York Court House.
… your orators further … unto your honors that they … charge that the sale by the said Richard Sadler as Sher afsd of the said tract of land, and the purchase by the said William Smith are absolutely null and void in as much as the said admins at the time of the sale afsd had assets of the personal estate in their hands more than sufficient to have paid off the said judgment and inasmuch as the sheriff had no legal authority to sell the said tract of land.
… further shew unto your Honors that the said tract of land although it was represented at the time of the said sale as containing only 300 acres. Yet in fact your orators charge that it contained a third more and would have sold for a considerably greater sum of the real quantity had been known.
… your orators further shew unto your Honors that the said tract of land so purchased by the said William Smith was by far the most valuable and susceptible of improvement and increase of value of not only of all the several tracts of land of which the said John Martin decd seized and possessed, but was also more valuable and capable of improvement than any part of the personal estate of the said intestate.
… your orators further shew unto your honor that there was no necessity for sacrificing the said tract of land for cash at Sher sale, but the same was advised and procured and had and made under the express direction of the said William Smith who as your orators are informed and believe some short time previous to the sale afsd by the Sher afsd went upon and secured the said tract of land with an intention of having it sold and becoming a purchaser himself.
… they further shew unto your Honors that the said admins were ignorant that it was both illegal and unjust that the said tract of land should be sold by the authority for purposes and in the manner above set forth and depended entirely upon the counsel and advice of the said William Smith as their attorney as above state and that it was by means of the capacity in which the said William stood in relation to the said admins and the estate that he became acquainted with the value of the said tract of land and the affairs of the estate.
… your orators further shew unto your Honors that Joseph Palmer one of the admins departed this life ….
… by reason whereof the administration of the said estate of the said John Martin decd disolved upon and survived to the said Elizabeth Martin and James Marting and that the said Elizabeth Martin some time since intermarried with James Sadler who would have been admistrator in the right of his wife upon the said estate jointly with the said James Martin all of whom declining further management of the said estate and the ordinary of the district and State afsd revoking his letters of admin of all and singular the goods and chattles rights and credits which were of John Martin deceased in the hands of his surviving admins undadministered was granted to George Ross who has since completed the unfinished admin and settle up the affairs of the sd estate of the afsd intestate.
… your orators further shew unto your Honors that Robert Latta of the Dist and State afsd as your orators are informed and believe a short time since purchased the afsd tract of land from the said William Smith with a full knowledge of the fact and circumstances above stated in your orators bill and with a notice of your orators claim as heirs at law of the said tract of land and that they intended to commence suit shortly to establish their claim afsd.
… your orators further shew unto your Honors that they have lately arrive to the age of 21 years and have since frequently and in a friendly manner applied to the said William Smith and Robert Latta and requested them to deliver up possession of the said tract of land to your orator and to account for the rents and profits thereof during the time they have had possession of the same and that they would deliver up all the title deeds relative to the said tract of land in their possession in order that the same might be cancelled and your orators well hoped that they would have complied with such their reasonable request as in conscience and equity they ought to have done.
… But now so it is may it please your Honors that the said William Smith, Robert Latta, James Martin, Elizabeth Sadler and James Sadler combining and confederating together to and with diverse other persons as yet unknown to your orators. But whose names when discovered they may be inserted herein as Defendants and parties to this your orators suit with proper and sufficent words to charge them with the premises in order to oppress and injure your orators do absolutely refuse to comply with the above request of your orators.
… Your orators charge the whole premises to be true, that the afsd sale and purchase an absolutely void and fraudulent that there was no deficiency of personal assets, that they have been denied their just and legal rights and equitable partition of the afsd tract of land under the specious but flimsy pretence and excuse of the estate being better managed by a sale of the above tract of land and the presentation of the prersonal property, all which actings pretences and doings of the said confederates are contrary to equity and good conscience and tend to the mainfest injury and oppression of your orators.
… In tender consideration whereof and for that your orators are remediless in the premises by the strict rule of the Common Law and relievable only in a Court of Equity where matters of this nature are properly cognizible. The the end therefore that the said William Smith, Robert Latta, James Martin, Elizabeth Sadler, and James Sadler may respectively full, true, direct, and perfect answer make upon their respective corporal oaths according to the best of their respective knowledge ….
Rogers, Complainant Solicitor
The Separate Answer of Elizabeth Sadler, one of the Defendants to the Bill of Complaint of James P Martin and Others, Complainants
(Note: Elizabeth Sadler admits to some facts, and denies some, but the interesting part for people looking for genealogy purposes are the parts that follow. If you want to read her entire answer, just follow the link below).
… this Defendant for further answer saith that James Martin living in the State of North Carolina at some distance took an active share in the administration. That when the said Joseph was in the District the principal management of the business was entrusted to him, but the said Joseph Palmer being often absent from his own business for several months at a time, during his absence the entire management of the said estate devolved upon this Defendant, but she took no active part in the sale of the said land the said Joseph Palmer being at that time in the District.
Answer of James Sadler
Answer of Robert Latta
Exhibit A: 1805 July 25 – Lawsuit of John Winn, Benjamin Warring, and William Miles against John Martin decd, estate – summoning Joseph Palmer, James Martin & Elizabeth Martin, admins of estate – judgment at end. (Bill of Complaint – follow link to see details).
Exhibit: Andrew Boddan v. John Martin decd estate, summoning admins to answer suit for debt (follow link for details).
Exhibit: 1808 Oct 4 – Richard Sadler Esqr sher of York Dist of the one part and William Smith of Yorkville in the Dist & State afsd – Sher deed of sale of John Martin decds land to pay for judgment selling 300 acres on Bullock Creek adj to John Hartness line orig, now Elnathan Davis’ line, to William Smith for 1200 dollars highest bidder. (follow link for details)
Exhibit: 1775 March 15 – Deed for Land – Between Thomas Brandon of SC and County of Craven of the one part and Joseph Patterson of Mecklenburg Co, NC of the other part …. 187 pounds paid by Joseph Patterson … for 226 acres on Bullocks Creek … E side of the creek by John Hartness line … orig granted to John Riggs the 25 day of April 1767 ..
Exhibit: 1787 Feb 12 – between Joseph Paterson of York Co SC of the one part and William Harris of same … consideration of 2000 pounds … paid by sd William Harris … sell to Harris land sit on Bullocks Cr – adjoining John Hartness, William McAdas, Gayan Moore, and Fulton’s lines … 226 acres …
Exhibit: 1787 Oct 27 – Deed… between William Harris and Ann his wife …. to John arting …. sell to John Martin … land on both sides of Bullocks Creek containing 250 acres …
Signed: William Harris, Ann Harris. Wit: Abraham Smith, James Martin, George Ross
(Several pages afterwards with William Smith acting as atty regarding estate)
Exhibit: 1808 Oct 4 – Deed – from Richard Sadler Esqr to William Smith for land on Bullocks Creek …
Answer of William Smith (15 page answer)
James Rogers speech in the Court of Appeals (8 pages)
Summons to Robert Latta re land bounded by lands of the heirs of Elnathan Davis
Brief for Bond (5 pgs)
Plea for partition of land
1823 Nov 5 – William Smith to Richard Thompson, bk R, p 397, 398 Union Co, SC.
… I William Smith of York Dist in the State afsd in consideration of 5000 dollars to me paid by Richard Thomason of Spartanburgh Dist in the State afsd …. release unto the said Richard Thomsan … land containing 308 acres … be the same … granted to William Sharp … the 15 day of October 1784 and by him conveyed by deed .. to the said William Smith dated the 20 day of May 1814 … lying and being in Union District and the State afsd bounded NE on Broad River, SW on Packolett River, NW by lands claimed by Mr. Lindsey which boundary is designated by a line begining at a red … on Packlett River … the back of Broad River a little above Hameltons Ford …
Signed: William Smith
Wit: Samuel Ottersan, William F Gist
… Mrs Margaret Smith, the wife of the within named William Smith did … relinquish her right to dower … Signed: Margaret Smith.
1829 Jan 9 – William Smith fr George Perry, bk T, p 233, 234 Union Co, SC.
… I George Perry of the Dist of Union in the State afsd … sold and conveyed to William Smith of said District …. land situate in the Dist afsd containing 140 acres … bound NW by Mrs. Lucy Johnson’s land, W by Doctor James Machams land, S by Widow Posey’s land, E by Broad River …
Signed: George Perry
Wit: M P Meador, Mary McGraw.
… Ann Perry the wife of George Perry … relinquished her right of dower …