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- NOTE 1./ Court Case: "South Carolina In Equity Ninety Six District" Re Daniels brother Moses Mathews
<<http://www.vicfreeman.com/MathewsResearch/MathewsResearchPAF/pafg01.htm#6>>
"To the Honorable Henry William Dessaussure, Thomas Waites, Theodore Gaillard, Waddy Thompson and William James, Esquires, Judges of the Court of Equity of the said State.
"Humbly complaining show unto your Honors your Orator, Daniel Matthews and your Oratrix, Martha Matthews, widow of Moses Matthews, deceased, in behalf of herself and her children under age, viz: Budcade Matthews, William Matthews, Eleanor Matthews, and also in behalf of William Hardy and Anna, his wife, late Anna Matthews, Jacob Pope, and Elizabeth, his wife, late Elizabeth Matthews, and Daniel Cureinton and Cabell, his wife, late Cabell Matthews, children and heirs of herself and the said Moses Matthews, deceased, all except the said Daniel Cureinton of the District and State aforesaid; that on or about the 25th day of March in the year of our Lord, One Thousand seven hundred and ninety one Isaac Matthews of the said District and State departed this life leaving a widow, Anna Matthews, since deceased, and sons, Moses Matthews, Lewis Matthews, Hardy Matthews, Micajah Matthews, and your orator Daniel Matthews, and daughters, Cabell Matthews, who intermarried with Thomas Pace, now deceased, and since with Benjamin Carr, resident of the State of Georgia and Elizabeth Matthews, who intermarried with George Fluker, resident in the District and State first aforesaid, leaving also a personal estate and a real estate, the latter consisting of one tract of land alone, containing according to the original grant made to William Whitaker on the 4th of October, one thousand, seven hundred and sixty eight, two hundred and fifty acres situate on both sides of Little Saluda River near its junction with Big Saluda River; bounded at the time of the survey to east by lands of William West, and on all other sides by vacant lands, but containing five hundred and fifty acres according to a resurvey made by John Blocker, the younger, esq., which said tract of land was conveyed by the original grantor to John Chestnut, Esquire, of Camden, and purchased of him jointly by the deceased, Isaac Matthews and his son, Moses Matthews, now deceased (the eldest son of the said Isaac and the late husband of your oratrix,, Martha Matthews) for the sum of one hundred pounds sterling, equal proportions of which the said Isaac and Moses actually paid to him, the said John Chestnut, although the titles to said land were made to the said Isaac Matthews alone and under the express agreement and understanding that one?half part of the said lands was to enure to the use, benefit and behoof of the said Moses as his absolute property and estate in fee simple. Your orator and oratrix further beg leave to show unto your Honors that it was the express, distinct and well understood dying wish and desire of him the said Isaac Matthews that his half or undivided moiety of the said land should on his death vest in and become the absolute and unqualified right and property of him the said Daniel Matthews, your orator, and that after the death of the said Isaac, the brothers of your orator, to wit: Moses Matthews, Lewis Matthews, Hardy Matthews and Micajah Matthews, being anxious to show that the estate of their father had been settled up and divided in the spirit of peace and brotherhood, and being under the solemn impression, knowledge and understanding that their father's half of the land should be the clear and undisputed right and property of your orator, did enter into, execute and deliver to your orator the following agreement in writing under their hands and seals the original of which is now ready to be produced, that is to say "South Carolina, Edgefield County..... This is to certify that we five brothers, Moses Matthews, Lewis Matthews, Hardy Matthews, Micajah Matthews and Daniel Matthews do hereby bind ourselves in this bond of five hundred pounds sterling to stand to this sale that we are consenting to this 31st day of December, 1798. The property that was sold was part of the estate of our father, Isaac Matthews, deceased. The property is thus? one negro man, named Anthony, and another negro named Peter, a set of blacksmith's tools, and one wagon set up, and we five legatees have had a young negro a piece as we come of age and agreed before witnesses that we were satisfied to take them at one price and be even and satisfied; again we four brothers, Moses Matthews, Lewis Matthews, Hardy Matthews and Micajah Matthews, do hereby agree and bind ourselves in the above bond to give and make rights and titles to our parts of the land to our brother, Daniel Matthews, and hereto set our hands and seals," and subscribed by two witnesses, and signed and sealed by the parties, etc. That according to the above agreement and the understanding of all parties, your orator did take possession and has hitherto together with your oratrix (before and since the death of her husband Moses Matthews) kept the clear and undisputed possession of the tract of land above described although the said tract of land has never been partitioned or divided; that the said Thomas Pace who intermarried with Cabell Matthews, daughter of the said Isaac, deceased and George Fluker, who intermarried with the said Elizabeth Matthews, the other daughter of the said deceased, are perfectly satisfied with such parts of the estate of the deceased as they have received, appears by receipts and acquittances given by them, copies of which are herewith filed, marked A and B, which your orator and oratrix prays may be received as parts of their bill and referred to when necessary. That since the death of the said Isaac Matthews and also since the execution and delivery of the aforesaid agreement or instrument of writing and before any titles to the said lands have been made either to your orator or to the said Moses in his life time or to his heirs and legal representatives since his death. He, the said Moses, has deceased, leaving your oratrix, his widow, with the children aforesaid, three of whom have intermarried with William Hardy, Jacob Pope and Daniel Cureinton as aforesaid and the said Lewis Matthews has also deceased, leaving a widow, Nancy Matthews, since intermarried with a certain Bailey Crouch, but having by him the said Lewis Matthews the following named children, to?wit: Elizabeth who intermarried with Thomas Waites, by whom she had one child, Nancy, and died leaving the child now living a minor under the protection of its father the said Thomas Waites; also Sugar Jones Matthews, Cabell Matthews, Mary Quarles Matthews, Moses Matthews, Josiah Allen Matthews, Drury Matthews, Milbury Matthews, all of which said children are now under age except the first which renders it indispensible to the perfecting a good title to said land in your orator and your oratrix and her children whom she represents, to seek the aid and interference of this honorable Court to partition and divide the said land and to compel the parties interested to make good titles to said land as in equity they are bound to do. BUT NOW SO IT IS may please your honors that the said Hardy Matthews, Micajah Matthews, Nancy Matthews in behalf of herself and her said children, George Fluker, and Elizabeth, his wife, and Benjamin Carr and Cabell, his wife, combining and confederating with divers other persons at present unknown to your orator and oratrix, whose names when discovered they pray may be made parties hereto with apt words to charge them endeavoring to wrong and injure orator and oratrix in the premises that refused to make to your orator and oratrix a good title to the said tract of land in conformity with their agreement aforesaid, although they, (your orator and oratrix) have been in the peaceable and undisturbed possession of said land ever since said agreement. IN TENDER CONSIDERATION WHEREOF and for as much as your orator and oratrix are remediless in the premises by the strict rules of the common law and cannot compel a partition and specific performance of said agreement but by the aid and assistance of this honorable court where matters of this nature are properly cognizable and relievable. TO THE END THEREFORE, that the said Hardy Matthews, Micajah Matthews, Nancy Matthews, the widow of Lewis, in behalf of herself and her said children, George Fluker and Elizabeth, his wife, and Benjamin Carr and Cabell, his wife.
"And their confederates when discovered may upon their corporal oaths true direct and perfect answers make to all and singular the matters aforesaid, and that as fully and particularly as if the same were herein again repeated and interrogated, and more particularly that they may set forth and discover whether the said Isaac Matthews did not die intestate leaving the children aforesaid and possessed of the tract of land before particularly described; whether it was not conveyed from the grantee to John Chestnut and whether the said Isaac and his eldest son, Moses, did not before either of their deaths jointly purchase said tract of land; whether they did not pay for it; each of them in equal proportions, and whether it was not the express and distinct understanding and agreement of the said Isaac and Moses that he, the said Moses, should actually own, possess and enjoy one?half of said land in his own right and whether he, the said Moses, did not thereupon take possession of a part of the said land and whether himself in his life time and his widow since his death have not constantly been in possession of the same although the titles and deeds were executed and delivered to the said Isaac Matthews alone, and whether it was not the express agreement and understanding that titles should be made to the said Moses by the said Isaac of one?half of the land at some convenient time thereafter upon a division or partition of this land. That the said defendants may further particularly disclose and set forth whether it was not the distinct, frequently expressed and well known dying wish and desire of him, the said Isaac Matthews, that your orator, Daniel Matthews, should not, after the death of the Isaac, own, possess and enjoy his half of the said land, and whether the said Moses, Lewis, Hardy and Micajah did not make and execute the deed before set forth binding themselves to make good titles of their parts of the said land to your orator, Daniel Matthews, under a solemn understanding of their said father's will and desire; whether your orator, Daniel Matthews, did not in conformity thereto take possession of said land and whether he has not ever since said agreement kept the constant and uninterrupted possession of the said land. That they or either of them may further declare whether the said Moses and Lewis Matthews have not both died leaving the children and heirs before set forth without ever having made titles to your orator of the said land in pursuance of their agreement, and whether said land has ever been partitioned or divided. That they or either of them may declare further whether Thomas Pace who intermarried with Cabell Matthews, did not give the receipt and acquittance, a copy of which is herewith filed, marked A, and whether this was not done with the knowledge and by the consent of the said Cabell Pace, his wife, and whether she was not then and is not now fully satisfied with such part of the estate of her deceased father as has come into the hands of herself and her former husband. That the said George Fluker, and Elizabeth his wife, may declare whether the said George did not give the receipt and acquittance, a copy of which is herewith filed, marked B, and whether himself and his wife are not fully satisfied and content; that good and sufficient titles should be made to the land as is hereinbefore claimed after partition of the same, and that every and all parties aforesaid may declare whether they are not satisfied and willing that titles should be ordered and decreed by this honorable Court in the manner claimed and set forth by your orator and oratrix. May it therefore please your honor to grant to your orator and oratrix writ of subpoena to be directed to the said Hardy Matthews, Micajah Matthews, Nancy Matthews, in behalf of self and her children aforesaid, and the said Thomas Waites in behalf of himself and his child, Nancy, George Fluker and Elizabeth, his wife, Benjamin Carr, and Cabell, his wife, commanding and inquiring them under a certain penalty to be therein named personally to be and appear before your honors in this honorable Court on the 3rd day of October next ensuing and then and there particular answers make to all singular the matters and things herein contained; and that the said lands hereinbefore particularly mentioned and described may be ordered to be partitioned and divided by writ or partition to be issued from this honorable Court and that all and every the parties interested aforesaid including your oratrix, Martha Matthews, in behalf of her minor children, Enoch, Mary, Budcade, William, and Eleanor whom she represents by the order of this Court, and the said William Hardy and Anna, his wife, Jacob Pope, and Elizabeth, his wife, and Daniel Cureinton and Cabell, his wife, whom she represents by special power of attorney may be ordered and directed to make to your orator, Daniel Matthews, good and sufficient titles to one?half of said tract of land in such way and under such circumstances as this honorable Court may deem equitable and expedient in pursuance of the agreement before set forth. And that all and every the parties defendants herein including the said Daniel Matthews, your orator, may be ordered and decreed after said partition and division to make your oratrix, Martha Matthews, in behalf of herself and the aforesaid minor children, as the said William, Jacob and Daniel and their respective wives aforesaid, or such person, or persons, for their use, benefit and behoof as the honorable Court may deem meet, good and sufficient title deeds to the other half or moiety of the said lands in such way and manner and under such circumstances as this honorable Court may deem just and expedient, and further to abide the orders and decrees of this Honorable Court in their behalf and also to grant such other and further relief in the premises as to equity and good conscience may appertain and to your honors may seem meet.
"South Carolina
Edgefield District
"Personally appeared before me the said Daniel Matthews and the said Martha Matthews in her capacity aforesaid who upon their oaths declare that the matters and things contained in aforesaid bill are true so far as stated to be within their knowledge and they believe to be true what relates to be knowledge of others. Sworn to before me 9th of September, 1814. (Signed) Martha Matthews Eldred Simkins, J.Q.W. Daniel Matthews
"Judgment Roll 95 in Office of Clerk of Court of Edgefield, S.C. Filed 13th September 1814.
"State of South Carolina
County of Edgefield.
"I, L. T. May, Clerk of the Court of Common Pleas in and for the County of Edgefield, State of South Carolina, do hereby certify that the foregoing instrument of five pages is a true and correct abstract taken from the original records as found in the office of the Clerk of Court in and for the aforesaid County and State.
"Given under my hand and official seal this the 19th day of April 1929. L. T. May, Clerk of Court of Common Pleas for Edgefield, State of South Carolina. [Seal]
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Abt 1761 - Aft 1814 (> 53 years)