| Notes |
- Virginia:
1744 --- CAROLINE CO., VA. Caroline County Order Book 1740-1746,
Part 2, page 55. Page 267, 13 Apr 1744. - James Waldrope acknowledges
his deed of lease and release of land indented to Michael Waldrope.
Note: Deed of lease and release:
Special form of grant called a release could be used to convey a future
interest to someone who already had a current interest. [The modern
version is called a quitclaim.] This resulted in a very popular form of
conveyance called a lease and release. Two agreements were required.
First, a bargain and sale contract was executed by the seller to convey a
lease on the land. The seller then separately executed a release to grant
to the buyer (who was now his tenant) a reversion of the seller's interest.
The effect was to transfer title to the buyer, since he now owned both the
current and future interests in the land.
Based on the 1744 deed, I actually look at James Waldrop to likely be older
than Michael Waldrop, as in these type of deed, James Waldrop is releasing
his interest in the land to Michael Waldrop. Likely a father or brother. I
have listed him as a slightly older brother, since he mimics land purchases
later in South Carolina for roughly the same amount of time.
South Carolina:
1771 --- Craven Co., SC. Survey. James Waldrope, 100 acres. 3 Dec 1771.
Actual Text - Copy of original document in file.-CW South Carolina.
Pursuant to precept directed under the hand and seal of John Bremar Esq.
D.L.G. dated the 3rd day of Dec. 1771, I have admeasured and laid out
unto James Waldrope a plantation or tract of land containing one hundred
acres, in Cravens County, situate lying and being on the South side of
Enoree River. And bounded N E'st by said river and bounded S'rdy by
Luke Waldrope's land, and bounded on all other sides by vacant land. And
hath such shape form and marks as the above plat represents. Certified
under my hand May 18th day 1772. James Wofford, DS.
1772 --- Laurens Co., SC. Grant received from C.C. Montague, Governor.
19 Jun 1772. South side of Enoree River. Bounded by Luke Waldrop and all
other sides vacant land. Actual Text - Copy of original document in file.-CW
South Carolina. George the Third by the Grace of God, of Great Britain,
France and Ireland, King, Defender of the Faith and so forth, To all to whom
these Presents shall come, Greeting: Know Ye, that We, of our special Grace,
certain Knowledge, and mere Motion, have given and granted and by these
presents, for Us, our Heirs and Successors, Do Give and Grant, unto, James
Waldrope His Heirs and Assigns, a Plantation or tract of Land containing One
Hundred One hundred acres situate South Side of Enoree River bounding
North by said River, South by Luke Waldrope's land and on all other sides by
vacant and hath such Shape, Form and Marks, as appear by a Plat thereof,
hereunto annexed: Together with all Woods, Underwoods timber, timber-trees,
lakes, ponds, fishings, waters, water-courses, profits, commodities,
appurtenances and hereditaments, Whatsoever thereunto belonging or in any
wise appertaining: Together with Privilege of hunting, hawking, fowling in
and upon the same, and all mines and minerals whatsover; saving and reserving,
nevertheless, to us our heirs and successours, all white Pine-Trees, if any there
should be found growing thereon; and also saving and reserving, nevertheless,
to us, our heirs and successours, one tenth part of mines of gold and silver
only; To have and to hold, the said tract of One Hundred acres of land, and
all and singular other the premises hereby granted unto the said James
Waldrope His heirs and assigns for ever, in free and common soccage. The
said James Waldrope his heirs and assigns yielding and paying therefore, unto
us, our heirs and Successours, or to our Receiver General for the time being,
or to his Deputy or Deputies for the time being, yearly, that is to say, on the
twenty-fifth day of March, in every year, at the rate of three shillings sterling
or four shillings proclamation money, for every hundred acres and so in
proportion, according to the number of acres, contained herein; the same to
commence at the expiration of two years from the date hereof. Provided
always, and his present Grant is upon condition, nevertheless, that the said
James Waldrope his heirs or assigns, shall and do yearly, and every year, after
the date of these presents, clear and cultivate at the rate of three acres for every
hundred acres of land, and so in proportion, according to the number of acres
herein contained; And Also shall and do enter a minute or docket of these our
letters patent, in the office of our Auditior General for the time being, in our
said Province, within six months from the date hereof: And upon condition,
that if the said rent hereby reserved shall happen to be in arrear and unpaid for
the space of three years, from the time it shall become due, and no distress can
be found on the said lands, tenements and hereditaments hereby granted; or if
the said James Waldrope his heirs or assigns, shall neglect to clear and
cultivate yearly, and every year, at the rate of three acres for every hundred
acres of land, and so in proportion, according to the number of acres, herein
contained; or if a minute or docket of these our letters patent, shall not be
entered in the office of our Auditor-General for the time being, in our said
Province within six Months from the date hereof, that then and in any of these
cases, this present Grant shall cease, determine, and be utterly void, and the
said lands, tenements, and hereditaments hereby granted, and every part and
parcel thereof shall revert to us, our heirs and successours, as fully and
absolutely, as if the same had never been granted. Given under the Great
Seal of our said Province. Witness His Excely the Rte Hon'ble Lord Cha's
G. Montague, Capt'n Gen'l Governour and Commander in Chief in and over
Our said Province of South Carolina this 19th Day June Anno Dom.
1772 in the Twelfth Year of Our Reign C. G. (L.M.S.) Montague
Signed by His Excellency, the Governour in Council John Woodin_____?
And hath thereunto a Plat thereof annexed, representing the same, certified
by ____________? Surveyor General 18 May 1772.
1772 --- NO COUNTY STATED, SC. Memorial. James Waldrop,
18 May 1772, 100 acres on S Side of Enoree. [See Rin 21253, Interesting
Notes, for explanation of Memorial.-CW] Although there is no county
mentioned, we can say with certainty this was Cravens Co., SC, based on
the Plat and the Grant of the same description Actual Text - Copy of original
document in file.-CW A Memorial exhibited by James Waldrope to be reg'd
in the Auditors Office etc. of a plantation or tract of land containing 100
acres Situate on the S Side of Enoree River bounding N by said river S by
Luke Waldropes land & on all other sides by vacant land. Survey Certified
the 18th May 1772 and Granted the 19th of June 1772 to the Mem'st ??
[Looks like a rate?? pro per 100 acres to Commence two years from the
date In Witness whereof he hath hereunto set his hand the 28th August 1772.
James Wofford. DS
1784 --- Laurens Co., SC. Survey. South Carolina. I have caused to be
admeasured and laid out unto Lewis Saxon a Tract of Land, containing two
hundred and fifty acres situate in the District of Ninety Six on a branch of
Enoree called Hendrix Branch below the anuent boundary and hath such
form and marks, buttings and bounding as the above Plat represents.
Certified for the Twentieth day of October 1784. Jonothan Downs. DS.
Ephraim Mitchell, Surveyor-General.
1785 --- Laurens Co., SC. Deed Book A, page 217-221. James Kilgore sold
to John McElroy, lease & release, 500 acres. South Side of Enoree on James
Waldrop's line, Widow Hanna's line, James Olephens line, Beaver Dam Creek,
Widow Dunlap's spring branch. One hundred acres of original 600 acre grant
went to Elias Cheek the day before according to the deed. Witnesses Benjamin
Kilgore. Samuel Cobb. Humphery Cobb. [Note - Most of these names are on
the same census page in 1790, Laurens Co., SC with James Waldrop.-CW][
Copy of complete original document in file.-CW]
1786 --- Laurens Co., SC. Court Minutes. 18 Mar 1786 - Page 67. Robert
McNees Plt vs. John Martin Deft. In Debt. This day came the plt by J. Brown
& J. Yancey his attorneys and the Deft by William Shaw his attorney and
Thereupon came also a Jury to wit, John McElroy, Joshua Arnold, Charles
Swillivant, Saml Scott, Col. John Rodgers, James Saxon, James Watson,
Robert Culbertson, James Adair, Stephen Potter, Andrew Rodgers and JAMES
WALDROUP who being Elected, Tried & Sworn the Truth to Speak upon the
Issue Joind upon their oaths find for the Plt 7 pounds 17 shillings d 1 his Debt
in Declaration Mentioned, with one shilling Damages & Interest for one year
besides his costs. Therefore it is considered by the court that the Plt Recover
against the said Deft his debt amounting to 7 pounds 17 shillings 1 sterling and
his Damabes aforesaid in form aforesaid assesst and his Cost by him in this
behalf Expended and the said Deft in Mercy &c. Clerks fee 0.14.8 Sheriffs
fee 0.6.8 Attorneys fees 1.1.9 Total 2.3.1
1786 --- Laurens Co., SC. Court Minutes. 18 Mar 1786 - Page 70. James
Waldroup and Michael Waldroup were jurors for the same trial.
[See Michael Waldrop for details.]
1786 --- Laurens Co., SC. Court Minutes. 14 Jun 1786 - Page 90. James
Waldroup vs. Samuel Henderson. Case. S. P. by consent of the Parties by their
Attorneys they Mutually Submitted all matters In Difference between them to
the Determination of Of James Yancey & Jacob Brown Esq'rs and their award
to be made the Judgment of the Court and the same was Ordered accordingly
who now Return the same in these words that the Deft. Pay unto the said Plft.
Twenty shillings & cost of Suit. In Confirmation whereof it is Considered by
the Court that the Plft. Recover against the said Deft the said Sum of Twenty
Shillings & His Cost by him in this behalf Expended &c.
1787 --- Laurens Co., SC. Survey. Thomas Wadsworth survey for 130 acres
(survey for Lander Farrow 18 Feb 1786) in Ninety six District on Enoree
River. Bounded by James Waldrop. John Farrow. River.
1787 --- Laurens Co., SC. Deed Book "B", p. 183-185. Dated 23 Jan 1787.
JAMES WALDROP SR., late of Laurens Co., to JOHN WALDROP for 40
pds sterling, 100 acres on the South side of the Enoree River. Original patent
to James Waldrop 19 Jun 1772. Bounded by LUKE WALDROP.
Witnesses - James Waldrop, James Waldrop and David McElroy.
[Note - Notice James Waldrop, Sr. is "late of Laurens" indicating he didn't
live in Laurens. He signed the deed, so he wasn't deceased. On the "release"
portion of the lease and release, it looks like two James Waldrops and David
McElroy witnessed the deed.-CW] Actual Text - Copy of original documents
in file.-CW 18 Jul 1787. this Indenture made the twenty seventh day of
January in the year of our Lord one thousand seven hundred & eighty seven
& in the eleventh year of the Independence of the United States of America.
Between James Waldrop Senr late of Laurens county & State of South
Carolina of the one part and John Waldrop of the county & state aforesaid
of the other part--Witnesseth that for & in consideration of the sum of five
shillings sterling to him the said James Waldrop truly paid by the said John
Waldrop the receipt whereof is hereby acknowledged the said James Waldrop,
Senr hath granted bargained & sold & by these presents do bargain & sell
unto the said John Waldrop all that plantation or tract of land containing one
hundred acres being & lying on the south said of Enoree river in the county &
state aforesaid. Granted to the said James Waldrop by the Hon'ble Lord Charles
G. Montague, President Governor & Commander in Chief in & over the said
state for the time being by Patent bearing date the nineteenth day of June 1772
& the said one hundred acres hath such shape & form as a plat thereof to the
original Grant annexed doth & present. Together with all and singular the
appurtenances to have & to hold the said plantation with all & singular the
premises tenaments belonging with the houses, gardens, orchards, woods,
underwoods, timbers, water ways, ??? & profits, & all & singular the
appurtenances to him the said John Waldrop his heirs & assigns from the day
next before the day of the date of these presents for & ??? the full end of term of
one whole year from thence next ensuring & fully to bbe compleat of ??? yielding
& paying therefore unto the said James Waldrop Senr the rent of one pepper corn
at the last day of the said term if the same shall be truefully demanded & to the
intent that by virtue of these presents & by ??? of ??? for transferring of uses into
possession, the said John Waldrop may be in actual possession of all & singular
the premises above mentioned with every the appertenances thereunto belonging
& ??? or ??? better enabled to have take & Revise the revision of ??? ??? thereof
or unto belonging which is intended to be to him & his heirs -- Granted & released
by the said James Waldrop Senr as by another indenture to be made & dated the day
next after the date hereof. In witness whereof the said James Waldrop hath set his
hand and affixed his seal the day & year first above written. James Waldrop.
Signed sealed & delivered in the presence of James Waldrop. David M Elroy.
This indenture made the twenty seventh day of January in the year of Lord one
thousand seven hundred & eighty seven & in the eleventh year of the Independence
of the United States of America. Between James Waldrop Sen'r of the state of
South Carolina & County of Laurens of the one part and John Waldrop of the
county & state aforesaid of the other part. Witnesseth that for & in consideration
of the sum of forty pounds sterling money to the said James Waldrop Sen'r well
& truly paid by the said John Waldrop Before the sealing & delivery of these
presents the receipt whereof is hereby acknowledged he the said James Waldrop
hath bargained & sold & by these presents doth Bargain & sell unto the said John
Waldrop all that plantation or tract of land containing one hundred acres lying &
being on Enoree river in the county and state aforesaid and granted to the said
James Waldrop his heirs & assigns forever by the Hon'ble Charles g. Montague
capt Genl Governor & Commandor in Chief for the time being by Patent with the
seal of the said State thereunto annexed & dated the 19th day of June Anno dom.
1772 with a memorial hereof entered in the auditors office in Book L, No. 11.
Page 385 the 20th of August 1772. Situate lying & being on the south side of
Enoree river, in the county & state aforesaid & bounded N. by said River & Luke
Waldrop land, on all other sides by Vacant Land, Beginning on said river thence
N 10 E 37 chains to a stake, thence N 20 E 15 chains 31 links to a Red Oak thence
S 70 E 40 chains & 50 links to a stake thence N 10 W 7 chains & 50 links to a
Maple on the said river thence as said River meanders to the beginning as may
more fully appear by a Plat annexed to the original grant. Together with all and
singular the premises thereof belonging do Grant Bargain Sell Alein Revise
Release & confirm & by these presents do absolutely confirm unto the said John
Waldrop in his ?natural? possession now being by virtue of a bargain & sale to
him thereof made for one whole year & by force of the statute for transferring of
use into possession & to his heirs & assigns forever all the said plantation or tract
of land containing one hundred acres with all & singular the houses, out houses,
Edefissis, buildings, Barns, stables, yards, gardens, orchards, woods, underwoods,
timbers, timber trees, meadows, pastures, ponds, lakes, fishing, wa?? water &
water access, paths, ???, profits, heridetaments, rights, members & appurtenances
whatsoever thereunto belonging as in anywise appertaining & the provisions &
Reversions Remainder & Remainders, Rents, ???, Titles, Interests, ???, Trust,
Possession, property, profit, claim & demand & whatever of him the said James
Waldrop Sen'r of in to or out of the said premises & every part thereof to Have and
to Hold the said plantation or Tract of one hundred acres of land with every the
premisses & appurtenances thereunto belonging herein before granted. Released
& conveyed unto him the said John Waldrop his heirs & assigns forever, & to the
only proper use of him the said John Waldrop his heirs & assigns & the said James
Waldrop Senr doth hereby for himself his heirs Exec'r & Adm'r covenant promise
& agree to & with him the said John Waldrop his heirs & assigns in manner & form
following that is to say that he the said James Waldrop now is & unto the Execution
of these presents shall stand ??? of a good true & indefinsable estate of inheritence
in fee simple of all & every part of the said plantation or tract of one hundred acres
of land with the rights members & appurtenances, without any manner & condition
trust, mortgage, judgments, or incumbrance, Executions whatsoever & alter clangings
or determin the same and alson he the said John Waldrop his heirs & assigns shall &
may from time to time & at all times hereafter--?eauably of Quietly have hold use
occupy possess & enjoy the said plantation or tract of land with every the premisses
& appurtenances thereunto belonging without any manner of trouble, hinderance,
molestation, or denial of him the said James Waldrop Sen'r his heirs, Exe'r & Adm'r
& all & every other person or persons. And lastly, he the said James Waldrop Sen'r for
himself his heirs Exe'r & Adm'r the said plantation or tract of one hundred acres of
land with the appurtenances unto the said John Waldrop, his heirs & assigns of all and
every other person or persons whatsoever claiming the said plantation above mentioned
disclaiming & denighing all other sales, leases, deeds?, conveyances, bills of Dowerys
as fraudulent; this only granted of acknowledged & be just of ??? In witness whereof
he the said James Waldrop Sen'r will warrant & defend from all persons laying claim
to the said granted premises. In witness whereof I have sent my hand and affixed my
seal the day & year first above written. James Waldrop. Signed Sealed and delivered in
the presence of James Waldrop. James Waldrop. David M Elroy. Due of John Waldrop
forty pounds sterling it being in full satisfaction of the within written sum. I say
received by me this 26 January 1787. Jas. Waldrop. Test. Jas. Waldrop. David M Elroy.
ONE OF THESE SALES BY JAMES WALDROP (ABOVE OR BELOW) NEEDS TO
MOVE OR THE 2ND GRANT NEEDS TO BE PROVEN. WE HAVE THE GRANT
FROM MONTAGUE THAT BORDERED LUKE WALDROP. WE DO NOT HAVE
THE GRANT THAT WAS ON BUCKHEAD CREEK FOR 110 ACRES. IT LOOKS
LIKE A STATE GRANT, MAYBE.
1787 --- Laurens Co., SC. Deed Book B, p. 85, dated 21 Jan 1787, recorded 27 Mar 1787.
James Waldrup. Sr., of Laurens Co., SC sold to JOHN FARROW for 10 pounds sterling,
110 acres on south side of Enoree River across Buckhead Creek originally granted to said
Waldrup. Witnesses - Thomas Farrow, Vanson Brown. Actual Text - Copy of original
document in file.-CW 27 March 1787. This indenture made this twenty first day of January
in the year of our Lord one thousand seven hundred & eighty seven & in the Eleventh year
of the United States of America's Independence Between James Waldroup of the County of
Laurens, State of So Carolina of the one part, and John Farrow of the county District &
state aforesaid of the other part, Witnesseth that for & in consideration of the sum of five
shillings current money to him in hand paid by the said John Farrow the receipt whereof is
hereby acknowledged by the said James Waldrop the said James Waldrop hath granted
Bargained & sold, & by these presents doth bargain & sell unto the said John Farrow his
heirs & assigns forever all that plantation or tract of land containing one hundred & ten
aces, being lying on the south side of Enoree River in the state County & District aforesaid,
and granted to the said James Waldrop & hath such shape form and marks as a platt thereof
to the original grant annexed doth represent together with all & Singular the appurtenances
thereunto belonging with the houses gardens, orchards, woods, timbers, water ways, paths
of profit, to have and to hold the said plantation with all & singular the appertenances to
him the said John Farrow his heirs & assigns from the day next before the day of the date
of these presents for & during the full end & term of one whole year--from thence next
ensuing. & more fully to be compleat & ended & paying therefore unto the said James
Waldrop the rent of one pepper corn at the last day of said term if the same shall be lawfully
demanded, to the intent that by virtue of these presents & by force of the statute for
transferring of uses into possessions in the said John Farrow may be enabled & in actual
possession of all & singular the premises above mentioned with every the appertenences
thereunto belonging & hereby be the better enabled to have take & ??? the Revision &
Revisions & Inheritence minor? which is intended to be to him & his heirs granted &
released by the said James Waldrop by another indenture intended to be made & dated the
day next after the day of the date hereof. In witness whereof the said James Waldrop hath
hereunto set his hand & affixed his sal the day & year first above written. Acknowledged
to the true intent & meaning of the above writing. I have set my hand & affixed my seal
the day & year first above written. James Waldrop. Signed Sealed & delivered in the
presence of Thomas Farrow. Vanson Brown.
This indenture made the first day of February & in the year of our Lord one thousand seven
hundred & eighty seven between Jas. Waldrop late of Laurens County & State of So.
Carolina & district of Ninety Six of the one part, and John Farrow of the County, State &
District aforesaid of the other part, Witnesseth that for & in consideration of the sum of
ten pounds sterling money to him the said James Waldrop in hand paid by the said John
Farrow before the sealing & delivery of these presents the receipt whereof is hereby
acknowledged he the said James Waldrop hath bargained & sold & by these presents doth
bargain & sell unto the said John Farrow all that plantation or tract of land containing one
hundred & ten acres lying & being on Enoree River in the State District County aforesaid
and granted to the said James Waldrop by Patent unto the said James Waldrop his heirs &
assigns forever with the seal of the said State thereunto annexed. The said one hundred &
ten acres lying & being on the south side of Said Enoree River, Beginning at a stake on said
river, thence So across Bushhead Creek to a corner post oak, five chains, thence N70W
crossing said creek to a red oak corner 44 chains, thence S 20 W? to a pine corner 16 chains
& twenty five links thence N 15 W to a pine corner 66 chains, thence No 65 E. to a hickory
corner, 5 chains 150 links, thence down down the said river as is mamire to the beginning as
may more fully appear by a platt to the original grant annexed. Together with all and singular
the premises thereof do grant bargain sell alien remise release convey & confirm and by these
presents do absolutely confirm unto the said John Farrow in his actual possession now being
by virtue of a bargan & sale to him thereof made for one whole & by fore of the statute for
transferring of uses into possessions and to his heirs and assigns forever, all the said
plantation or tract of land containing one hundred & ten acres with all & singular the houses
or houses, edifirer, building; barns, stables, yards, gardens, orchards, woods, and ?? woods
timbers of timber trees meadows pastures ponds cakie? fishing ways water water courses,
paths, passages, profits, heriditments rights members & appertunances whatsoever thereunto
belonging or in any wise apperaining & the Revision & Revisions, remainder & Remainders
rents, issues, titles, interest use trust, possession, property profit. benefit, claim & demand
whatsoever of him the said James Waldrop of into acount of the same premisses belonging
and every part & parcel thereof To have and to hold the said plantation or tract of one hundred
and ten acres of land as aforesaid with every the premises & appurtenances thereunto belonging
herein before granted Released & conveyed unto him the said James Waldrop now is & doth
for himself his heirs Exe'r & Adm'r covenant promise and agree to of with the said John
Farrow his heirs & assigns in manner & form following that is to say that he the said James
Waldrop now is & until the executing of these presents shall stand siezed of a good sure
perfect and indefeasable estate of inheritence in fee simple of all & in the said plantation or
tract of one hundred ten acres of land with the right members & appurtenences without any
manner of condition trust Mortgage Judgement--Execution incumbrances whatsoever to alter
change or determine the same & also him the said John Farrow his heirs & assigns Shall &
may from time to time & at all times hereafter peacably & quietly occupy possess & enjoy
the said tract of one hundred & ten acres of land with every the premises & appurtenances
thereunto belonging without any manner of trouble, hinderance, molestation or denial of
him the said James Waldrop his heirs Exe'r or Adm'r & of all & every other person or
persons whatsoever and lastly he the said James Waldrop for himself his heirs Exe'r &
Adm'r the said Plantation or tract of one hundred & ten acres of land shall by these presents
warrant & defend from all manner of persons laying any claim thereunto In witness the said
James Waldrop have hereunto set his hand & affixed his seal the day & year first above written
according to the true intent & meaning thereof. I set my hand & affix my seal the day & year
first above written. Interlined before assigned---James Waldrop Sen'r. Signed Sealed &
delivered in the presents of Thomas Farrow. Vanson Brown. Received of John Farrow the
sum of ten pounds sterling it being in full satisfaction for the within sum. I say received by
me this first day of February 1787. James Waldrop.
1787 --- Laurens Co., SC. Book I, Number 11, Page 385, 26 Jan 1787 -
Release of Original Grant recorded in Auditors Office in Laurens Co., S.C.
We have not found this.
1787 --- Laurens Co., SC. Court Minutes. 12 Jun 1787, page 168. A Lease and Release for
the Conveyance of 100 acres of land from James Waldrop to John Waldrop, proven in open
Court by James Waldrop & Michael Waldrop ordered to be recorded.
1788 --- Laurens Co., SC. Deed Book "B" p. 399, Dated 1788: "JOHN WALDROP, planter
and wife ELIZABETH, leased land to Seth Petty Pool[Pettypoole]. Land originally granted
to JAMES WALDROP 1772.
[See above grant. Notice also that this John Waldrop, had a wife named Elizabeth. None of
Luke's sons or grandsons appear to have had a wife named Elizabeth. The only John with wife
Elizabeth is John Waldrop b. ca. 1745 d. ca. 1810 Christian Co., KY. and Elizabeth Nelson.
The importance of this is that John Waldrop's father was a James Waldrop who was granted
land in Laurens Co., SC. 1772 which is after the approximated date of death of James SR.]
|
Abt 1720 - Yes, date unknown
