1845 Deed - James H. Witherspoon, C E to Thomas Flemming
Lancaster County SC
27 January 1845
Deed Book P p35-36
James H. Witherspoon C E } Deed
To } for
Thos Flemming } 78 Acres
State of South Carolina
This Indenture made the twenty seventh of January in the year of our Lord one thousand Eight hundred and forty five between James H. Witherspoon Esqr Commissioner of the honorable Court of Equity for Lancaster District at Lancaster Court House in the said State of the one part and Thomas Flemming of Lancaster District of the other part -
Whereas Elisha Reeves and Bethenia Reeves widow of James Reeves (deceased) on or about the fourteenth day of November in the year of our Lord one thousand Eight hundred and forty four did exhibit this Bill of Complaint in the Court of Equity at Lancaster Court House in the said State against Philip Richardson & Winney his wife, Amos Blackmon and Jane his wife, James Reeves, John Reeves, Bynum J. Blackmon & wife Elizabeth, Caroline Reeves, Mary Reeves, Dorcas Reeves, Thos Reeves, Amy Reeves, and Bethenia Reeves - devisees of James Reeves late of said District decd - and the cause being at issue before the Honorable Court, came on to be heard Novr 28- 1844 in the year of our Lord one thousand Eight hundred and forty four when the said Court, after full hearing thereof, and mature deliberating in the premises, did order, adjudge, and decree, that the said piece, parcel, plantation, or tract of land below described belonging to Est James Reeves (decd) should be sold at Public Auction by the Commissioner of the said Court on the terms and for the purposes mentioned in their decretal order as by reference thereto in the Registry of the said Court will appear; and the said James H. Witherspoon as Comr of the said makes after having duly advertized the said piece, parcel, or tract of land below described for sale by Public outcry on the sixth day of January in the year of our Lord one thousand Eight hundred and forty five did there openly and publicly and according to the custom of auctions sell and disperse of the said piece or tract of land below described unto the said Thomas Fleming for the sum of Two hundred & ten Dollars 50 cents he being at that price the highest bidder for the same - Now therefore, this indenture Witnesseth that the said James H. Witherspoon as Commissioner of the said Court under and by virtue of the said decree, and in consideration of the sum of Two hundred and ten Dollars & 50 cents to be paid him by the said Thomas Fleming the receipt whereof is hereby acknowledged hath granted, Bargained, Sold & Released and by these presents do grant, Bargain Sell and Release unto the said Thomas Fleming his heirs and assigns all that piece parcel or tract of land situate in the District of Lancaster, Beginning at a post oak 3x ?? On the Branch thence S41 ½ W29 to a Pine on the Road thence along said Road to a Pine 2x ?? Thence S 47 E 27.50 to a stake on the Branch thence along said Branch to the beginning containing seventy eight acres more or less bounded by lands of Amos Blackmon, Susanah Baskin, B J Blackmon & Elinor Blackmon, having such forms, marks, & boundaries as the annexed plat represents, which is a copy from the original annexed to the return of the Comrs in the above case marked B. Together with all and Singular the hereditaments, Rights, members, and appurtenances, whatsoever, to the said piece, parcel, plantation or tract of land belonging or in anywise appertaining; and the (?) & Remainders, Rents, issues, and profits thereof, and also all the Estate, Rights, title, Interest, Dower, Possessions, Property, benefits, claim and demands whatsoever, both at law & Equity of the heirs and representatives of the said James Reeves decd and of all the parties to this suit and of all other persons, rightfully claiming or to claim the same or any part thereof, by fro or under thence or wither of thence. To have and to hold the said piece, parcel or tract of land with its hereditaments, privileges, and appurtenances unto the said Thos Fleming his heirs & assigns to have & his only proper (?) (?) - In witness thereof I the said Jas H. Witherspoon as Comr of the said Court (?) hath hereunto set my hand & seal
Signed Sealed and delivered in the presence of Jas. M. Shaw Wm R? James H. Witherspoon (LS)
South Carolina }
Lancaster District } Personally appeared before me William Reed and made oath that he saw the within conveyance signed & released by James H. Witherspoon Esqr to Thomas Fleming for the uses and purpose therein mentioned, and that he also saw James M. Shaw sign with himself as subscribing witness to the same - Wm Reed
Sworn and subscribed to this 27th day of Jany }
1845 before me -
L Fleming Magt
Resurveyed November 1844 -
By B J Blackmon DS
The above is a true copy from the original plat annexed to return of the Comrs & the plat was annexed by me to this conveyance to Thos Fleming
Jany 27 - 1845James H. Witherspoon Comr Eqty LC