Hi, Nel. This was a simple and ancient method of transferring all the rights, title and interest of a seller to a buyer by what was known as "lease and release".
By putting another person in possession of land, as he here did, by lease (with a token consideration of one peppercorn), and then at a later date (here one year later, but it could have been one day) by transferring what was called "seizen" (the rights of the owner to again occupy and enjoy the property) at the end of that "lease" term, the entire title was recombined and the whole of those rights was successfully transferred to the buyer.
Notice that the words, transfer any "...remainder and remainders thereof and of
every part & parcell thereof ...." any future expectancy also was included in the transfer; again, that assuring a complete title - bundle of rights - was being conveyed.
Genealogy without documentation is nothing.
Paul Drake JD
Genealogist & Author
<www.DrakesBooks.com>
----- Original Message -----
From: nelhatch
To: [log in to unmask]
Sent: Sunday, March 05, 2006 9:15 PM
Subject: [VA-ROOTS] Need an interpretation, please.....
HATCHER website: http://homepages.rootsweb.com/~nhatcher/faq.htm
HATCHER DNA project: http://homepages.rootsweb.com/~nhatcher/hatDNA.htm
HALL DNA project: http://homepages.rootsweb.com/~nhatcher/hall/HDNAtest.htm
Researching: Cook, Hall, Hatcher, Miller, Shepherd, Timberman
"Genealogy without Documentation is Nothing" - Paul Drake
Hi All,
I have the following two records for the same individual and am not at all
sure what is happening here. I "think" the land is being leased for a year
while the landowner continues to reside in his home on that land. I am
simply BURIED in the repetitive verbosity....if this guy was paid by the
word, he was a very rich man :-)
Hope someone can tell me what's going on here....
Thanks!
Nel
-------------------------
South Carolina
Thomas Hatcher
to
Ansbrey Noland
This Indenture made the first day of December in the year of our Lord one
thousand seven hundred and Seventy in the tenth year of the reign of our
Sovereign Lord George the third by the grace of God of Great Britain France
and Ireland ---- Defender of the Faith Between Thos Hatcher Shoe Maker of
Berkeley County in South Carolina of the one part and Ausbey Noland gent of
the County aforesaid of the other part. Witnesseth that for and in
consideration of the Sum of Twelve Shillings current Money of the Said
Province to me in hand well and truly paid by the said Aubrey Noland at and
before the sealing and Delivery hereof the receipt whereof is hereby
acknowledged Hath bargained and sold and by these Presents doth bargain &
sell and the said Aubrey Noland his exers admors and assigns a certain
plantation or tract of Land contaning on the Whole two hundred & fifty acres
situated lying and being in the fork between Broad & Saludy Rivers in the
Province aforesaid on a branch of said River called Tiger River and on a
branch of Tiger River called Peters Creek and butting and bounding on the
North East & N West part on land of Capt Saml Aubrey & part vacant & S
Eastwardly part on land said to be laid out to Isaac Fitchlin the other
sides on vacant land and hath such shape form and marks as are represented
by a Plat thereof to the Original Grant annexed together with all and
singular the said --- orchards, fences, ways, wells, (writing fades out but
continues the usual description of land inclusions), and appurtenances
whatsoever to the said two hundred fifty acres of land belonging or anywise
appertaining and the ------ ------- remainder and remainders thereof and of
every part & parcell thereof to have and to hold the said two hundred and
fifty acres of land & all and singular other the premises herein before
mentioned and intended to be hereby bargained and sold & every part and
parcell thereof with these and every of their appurtenances unto the said
Aubrey Noland his Exors Admors & assigns from the day next before the day of
the Date of these presents for and during the full time and unto the full
end and term of one whole year from thence next ensuing and fully to be
compleated and ended yielding and paying unto the said Thos Hatcher his
Exors & Admors the rent of one hopper (popper?) corn on the last day of the
said term of the same shall be lawfully demanded to the ---- and purpose
that the said Aubrey Noland by virtue hereof and by force of the statutes
for transferring of uses into possession may be in the actual possession of
the premises herein before mentioned and intended to be hereby bargained and
sold & every part & parcel thereof with their and every of their
appurtanances & every --- thereby enabled to accept & take a grant & release
of the provision and inheritance of the same to him and his heirs forever In
Witness whereof the said parties to thes presents have hereunto
interchangeably set their hands & seals this day and year first above
written.
signed Sealed & Delivered Thomas Hatcher (LS)
In the Presents of us
Jeremiah (his A mark) OCain
Reuben Jones
John Guttney
Memorandum that on the 10th day of December on the year of our Lord one
thousand seven hundred and Seventy came before me one of his Majesties
Justices assigned to keep the Peace. In Craven County in the Province of
South Carolina personally came & appeared John Guttney and made Oath on the
Holy Evangelists of Almighty God that he did see the within named Thos
Hatcher and his wife sign seal and acknowledge and deliver the within Deed
of Lease and release to and for the use within mentioned and --- also see
Jeremiah OCain & Reuben Jones the other two witnesses sign their names as
witnesses thereunto ot the acknowledging the within Deed ---- also see the
said Thos Hatcher and likewise his wife subscribe their names to the receipt
enclossed on the back of said deed and that he did subscribe his own name as
a witness. Sworn before me the day and date above written
Recorded & Examined this 9th of June 1774
----------------------------------
South Carolina Archives
(copy of original)
Thomas Hatcher & wife
to
Ansbrey Noland
This Indenture made the Second Day of December in the year of our Lord One
thousand Seven hundred and Seventy and in the Tenth Year of the reign of our
Sovereign Lord George the third by the grace of God of Great Britain France
& Ireland ---- Defender of the faith Between Thomas Hatcher Shoemaker of
Berkeley county in south Carolina of the one Part and Aubrey Noland Gent of
the County aforesaid of the other Part. Witnesseth that for and in
consideration of the sum of Two hundred & fifty pounds Currant Money of the
Province aforesaid to him the said Thomas Hatcher in hand at and before the
Sealing and Delivery of these Presents by the Said Aubrey Noland well and
truly paid the receipt thereof the said Thos Hatcher & Wilmoth his wife doth
hereby acknowledge & thereof & of every part & parcel thereof doth requit
release exonerate & discharge the said Aubrey Noland his heirs Exors &
Admors & every of them forever by these presents they the said Thomas
Hatcher and Wilmoth his wife Hath granted bargained sold alienated released
and confirmed and by these presents doth fully freely clearly & absolutely
grant bargain sell alien release and confirm unto the said Ausbrey Noland in
his actual possession now being by virtue of a bargain and sale to him
thereof made by the said Thomas Hatcher for one whole year for the
consideration of twelve shillings by an Indenture of Lease bearing date the
day next before the day of the date of these presents to commence from the
day next before the day of the date hereof and sealed and delivered before
the executing of these presents and also by force of the Statute for
transferring of uses into possession. In that case made and provided and
unto his heirs & assigns forever a certain plantation or tract of land
containing on the whole two hundred and fifty acres more or less situate
lying & being between Broad & Saludee Rivers on a branch of Tiger River
called Peterses Creek butting and bounding N Eastwardly and Northwestwardly
part on land laid out to Capt Saml Aubery & part vacant & South Eastwardly
part on land laid to be laid out to Isaac Fitchlin & part vacant the other
sides vacant land and hath such shape form & markers as are represented by a
plat thereof to the Original Grant annexed together with all and singular
the gardens orchards fences, ways, walls waters satercourses easements
profits commodites advangages emoluments hereditements and appurtenances
whatsoever to the said two hundred and fifty acres of land belonging or in
anywise appertaining and the reversions & aversions remainder & remainders
rents & dues & profits thereof & of every part and parcel thereof and also
all the estate right title interest possession property profit claim &
demand whatsoever either in law or equity which they the said Thos Hatcher
and Wilmoth his wife now hath or ever had ------ He or his heirs hereafter
shall may can or ought to have of onto or out of the said two hundred &
fifty acres of land & other the premises with their & every of their
appurtenances together with all deeds plats grants charters writings
immu---ments whatsoever which they the said Thos Hatcher and Wilmoth his
wife now hath in their custody or possession or can come by without suit in
law or equity that do only concern the premises to have & to hold the said
two hundred and fifty acres of land and all & singular other the premises
hereby granted & released or meant & intended to be granted & released unto
the said Aubrey Noland his heirs and assigns to the only proper use & behoof
of the said Aubrey Noland his heirs and assigns forever and they the said
Thomas Hatcher & Wilmoth his wife for themselves & their heirs the said
premises hereby bargained sold granted & released with their and every of
their appurtenances unto him the said Aubrey Noland his heirs and assigns
against all and all manner of person or persons whatsoever shall & will
warrant & forever defend by these presents and the said Thomas Hatcher &
Wilmoth his wife for themselves their heirs & admins doth covenant promise
grant and agree to and with the said Aubrey Noland his heirs and assigns by
these presents in manner and form following that is to say that the said
Thos Hatcher now at the time of the Sealing & Delivery of these presents is
and standeth lawfully and absolutely seized of & in the said plantation &
tract of two hundred and fifty acres of land & all and singular other the
premises herein before mentioned & intended to be hereby granted and
released & every part & parcell thereof with their & every of their
appurtenances of a good --- ---- and absolute estate of inheritance in fee
simple without any manner of consideration trust proviso power of revocation
or limitable of any use or uses or other restraint matter or thing to alter
change defeat or evict the same and also that they the said Thomas Hatcher
and Wilmoth his wife now hath in themselves good rightfull power & lawfull &
absolute authority to grant release & confirm the said plantation or tract
of two hundred & fifty acres of land and all and singular other the premises
herein before mention'd and intended to be hereby granted & released & every
part & parcel thereof with their and every of their appurtenances unto the
said Aubrey Noland his heirs and assigns forever as aforesaid and also that
it shall & may be lawfully ---- for the said Aubrey Noland his heirs and
assigns (ink blot) at all times forever hereafter peaceably and quietly to
enter into have hold occupy possess and enjoy the said plantation or tract
of two hundred & fifty acres of land & all and singular other the premises
herein before mentioned and intended to be hereby granted and released and
every part and parcel thereof with their appurtenances without any other
lawfull let suit trouble - molestation eviction or interception of them the
said Thomas Hatcher and Wilmoth his wife their exor's Admors or any other
person or persons whatsoever claiming or to claim by from or under them &
free and clear and freely and clearly & absolutely requitted exonerated and
discharged of and from all and all manner of formes & other gifts grants
bargains sales uses wills intails --intures powers judgements executions
charges and incumbrances whatsoever had made done committed or suffered by
the said Thomas Hatcher & Wilmoth his wife or any other person or persons
whatsoever lawfully claiming or to claim by from or under them and lastly
that the said Thos Hatcher and Wilmoth his wife their heirs & all & every
other person or persons lawfully claiming or to claim any estate right title
trust or interest of or to the said plantation or tract of two hundred &
fifty acres of land & all and singular other the premises herein before
mentioned and intended to be hereby granted & released and any part and
parcell thereof shall and will from & at all times hereafter at the
reasonable request and proper costs & charges in the law of the said Aubrey
Noland his heirs and assigns make do acknowledge and execute or cause &
procure to be made & done acknowledged and executed all & every such further
& other lawfull reasonable act & acts thing & things conveyances & apurances
in the law whatsoever for the further better and more perfect & absolute
granting conveying & assuring the said plantation or tract of land of two
hundred & fifty acres & all and singular other the premises herein before
mentioned & intended to be hereby granted and released & every part &
parcell thereof with these and every of their appurtenances to and for the
us (ink blot) of the said Aubrey Noland his heirs & assigns (ink blot) or
them or by his or their council ---- in the law shall be reasonably devised
& advised & required In witness whereof we the said Thomas Hatcher and
Wilmoth his wife have hereunto interchangeably set their hands & seals the
day and year first above written.
Thomas Hatcher (LS)
Signed Sealed & Delivered Wilmoth (her +
mark) Hatcher (LS)
In Presents of us
Jeremiah (his 5 mark) OCain
Reuben Jones
John Guttney
Recorded & Examined this 9th of June 1774
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