Land Transactions of James McGIRR (1815-1853), Allegany County, MD Contributed for use in USGenWeb Archives by Larry McGirr [lmcgirr@ssai.org] Copyright. All Rights Reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/md/mdfiles.htm ********************************************************* Lands in Allegany County (now Garrett) MD bought & sold by James McGirr ( lifetime c1785-1853) Who emigrated from Ireland in 1815 15 Jun 1831 “Brady’s Defeat” Page 325 At the Request of James McGirr this Dees was rcc.d the 15the of June 1831. This Indenture (?) made this eighteenth day of December in the year of our Lord One Thousand Eight Hundred & Twenty, Between Deward Barnardof Allegany County and State of Maryland of the one part, & James McGirr of the same county and state aforesaid, of the other part, Witnesses (?) that the said Edward Barnard for and in Consideration of the sum of Five hundred dollars current money of the United Sates to him in has paid before the sealing & delivery of these present by the same James McGirr the receipt, where of he paid Edward Barnard cash hereby acknowledges and by these presents doth fully clearly and absolutely grant bargain & said (?) alien & confirm unto the said James McGirr his heirs & assigns all this piece parcel, Tract or Sat (?) of land & premises, lying and being in Allegany County aforesaid known & distinguished by the mark of “Brady’s Defeat” and for the outlines thereof a reference being had (?) to a patent granted out of the Westernshore Land Office to the said Edward Barnard and Bearing Date the tenth day of January Eighteen Hundred and Twenty Seven, will move fully and at large appear said Tract of Land containing one hundred thirty three and a quarter acres To Have and Hold the said parcel or Tract of Land unto him the said James McGirr his heirs & offspring forever Together with all & survey (?) the aforesaid tenancy privilidegs & Benefits theretowit belonging and any wise appertaining and further the said Edward Barnard for himself and heirs that he the said Edward Bernard his heirs or executor the said parcel or Tract of Land & premises thereby granted & sold & every part & parcel thereof worth ale (?) & singely (?) their and every of their rights and assurances unto the said James McGirr his heirs and assigns him the said Edward Bernard and his beir, but none other claiming or to claim, agreeable to the True intent and meaning of this Deed. In witness whereof the said Edward Barnard hath herein to let his hand affixed his hand(?) the day & year first above written. Sign sealed & del’d in the presence of us William Shaw, George Layman Edward Barnard (Seals) State of Maryland Allegany County, To wit Be it remembered that on this 18th day of December 1830 came Edward Bernard before us to subscribe two Justice of the Peace of the aforesaid County & State and acknowledges, the said Deed or Instrument of western (/) to be his act and Deed, and the Law and promise, therein mentioned and thereby conveyed to be the Right of Estate of the within named James McGirr party Grantee, also therein mentioned his heirs & assigns, according to the Westernport (?0 there Intend and meaning of the same deed or Instrument of writing, and acts of assigning in Such case, made and provided, Acknowledged before Wm. Shaw, George Layman. Resurveying from Each & Deed of Henry Hammile Vol I 25 From General Index to Deeds, Etc., Allegany County, MD pg 145 Family Names Given Names To Name Kind of Book Page Year of Record Or From Instrument McGirr James From Edward Deed P 325 1831 Barnard It would appear by the following that a portion of Bradys Defeat was sold to Wm McRobie: 26 June 1852 “Brady’s Defeat”, Allegany County Land Records Book 8/pg 727 At the request of William McRobie the following Deed was recorded October 12th 1852. This Indenture made this twenty sixth day of June in the year one Thousand Eight hundred and fifty two, between James McGirr and Mary McGirr, his wife, of Allegany County in the State of Maryland of the one pact, and William McRobie of same County and State aforesaid of the other pact, Witneseth, that the said James McGirr and Mary, his wife, for and in consideration of the sum of three hundred and forty dollars, current money, to them in hand paid by the said William McRobie at and before the meeting and delivery of these presents, the receipt whose of they – do hereby acknowledge, have given, granted, bargained and sold, released, conveyed and confirmed and by these present do give, grant, bargain and sell, release convey and confirm unto the said William McRobie, his heirs and resigned, all that piece of parcel or part of a tract of Land, being part of a tract of land known and distinguished by the name of “Brady’s Defeat”, lying and being in said Allegany County and State of Maryland, and Beginning for the part thereby intended to be conveyed as a birch tree standing on the South bank of Laurel Run marked with teelve notcheds, it being at the end of about one hundred and sixty perches on the eighth line of said tract called “Brady’s Defeat”, and running thence North thirty degrees, East thirty four perches, South eighty five degrees, East eighty perches, South thirty eight degrees, east twelve perches, North sixty degrees; East twenty nine perches to Lot number one hundred and seventy eight, then North two degrees, west ninety two perches, north seventy-two degrees, west eighty five perches, South twenty six degrees, West one hundred and sixty eight perches, thence by a straight line to the place of Beginning, containing seventy nine and a half acres, more or less; together with all and singular the buildings, improvements, ways, eithts, members, priviledges, advantages and opporteuances These unto belongings or in any wise appertaining, and all the estate, right, title and interest, use, trust, property, claim and demands at Law in Equity of them the said James McGirr and Mary, his wife, of, in and do to the same. To Have and Hold the said herein described premises, with the appentiveances (?) these unto belongings unto the said William McRobie, his heirs and assigns, to the only proper use and benefit of the said William McRobie, his heirs & assigns forever. – And the said James McGirr and Mary, his wife, do thereby consent, grant, promise and agree to and with the said William McRobie, his heirs and assigns, that they the said James McGirr and Mary, his wife, and their heirs & assigns, the said piece, parcel or part of a tract of land and premised above with the afformentioned, unto the said William McRobie, his heirs and assigns shall will warrant and forever defactur (?) by these present against the claimed orf all persons whomsoever. __ In testimony thereof of the said James McGirr and Mary, his wife, have hereforto subscribed their names and affixed their seals on the day—and year first described fore written. __ Signed, sealed & delivered in presence of James McGirr seal P. Hammill JP Mary McGirr seal John Kight, JP State of Maryland, Allegany County, to wit: - Re it-remembered and it is hereby certified that on this twenty sixth day of June in the year one thousand eight hundred and fifty two, before us the subscribers, two Justices of the peace of the State of Maryland in and for said Allegany County, personally appeared James and Mary McGirr, his wife, they being known to us to be the persons who are named and described as and professing to be the party-grantors named in the foregoing deed or indenture, and severally acknowledged the said indenture or instrument of writing to be their respective respective act and deed for the purposes therein named. _ And the said Mary McGirr, the wife of the said James McGirr, having signed and sealed said indenture before us __ (?) Justices aforesaid, out of the presence and haring, of her husband, and being __ (?) us Justices as aforesaid examined privately and out of the presence and hearing of her said husband “ Whether she doth execute and acknowledge the same Inc’s (inclusions ?) by and entirely? And without being induced to do so by fear or threats of an ill usage by her said husband or fear of his dispeleaure: she declared and says that she does. _ In testimony whereof we have hereunto subscribed our names on the day and year aforesaid.- P. Hammill JP. _ John Kight, JP.- Received one dollar in klieu of the State of Maryland Stamp tax on this dees when it was offerd for same. ___ Horace Relley_. Clk_ From General Index to Deeds, Etc., Allegany County, MD pg 145 Family Names Given Names To Name Kind of Book Page Year of Record Or From Instrument McGirr Mary To William Deed 4 225 1848 James McRobie Page 625 McRobie William From James et ux Deed 8 727 1852 McGirr Note: there are numerous land transactions by Arthur McGirr and his wife Catharine and their daughter Alice. Could Arthur McGirr and James McGirr be related, one of the other four brothers that hypothetically emigrated to the US with James? Excerpts from The Cumberland Times McGIRR 28 Sep 1882 Mr Arthur McGirr, 50, of Independence Street was struck by the passenger train from Bedford at the Valley Street crossing. It was raining hard and he had the umbrella down over his head and did not see or hear the oncoming train. He was first struck by the pilot engine and thrown 25 feet into the air, landing on the track again and the pilot hit him again dragging him fifty feet when then fell under the trestle work into a coal yard. The verdict of the coroner's jury was accidental death by engine #507 which was drawing a passenger train on the Pennsylvania Railroad. Funeral services are at St Patrick's. McGIRR 01 Aug 1887 Mr. Mattie McGirr died Saturday (30 Jul) at the Almshouse. He was a soldier in the GAR during the war and was about 55 years of age. Burial is in the Potter's Field. * DEATHS OF THE WEEK 18 May 1889 Mrs Thomas Sheridan, aged 65 years; Mrs Lottie Campbell, colored, aged 85 years; Mrs Wunder, aged 57 years; Arthur McGirr, aged 16. County Date Created From Allegany 1789 Washington Garrett 1872 Allegany 1866 Voters Registration List – District 4, Allegany County, MD THE REGISTRATION LAW 1866 ALLEGANY COUNTY DISTRICT NO. 4 - WESTERNPORT WARNICK, A. J. WARNICK, JAMES OF W. WARNICK, JOHN WARNICK, JOSEPH OF W. WARNICK, SAMUEL S. WARNICK, SILAS WARNICK, WM. JR. WARNICK, WM. SR. DUCKWORTH, ADEN DUCKWORTH, ALTON C. DUCKWORTH, CHARLES W. DUCKWORTH, EMORY DUCKWORTH, GEO. M. DUCKWORTH, GEORGE DUCKWORTH, GEORGE W. DUCKWORTH, HENRY H. DUCKWORTH, HIRAM DUCKWORTH, JAMES DUCKWORTH, JOHN DUCKWORTH, PETER DUCKWORTH, THORNTON DUCKWORTH, URIAH THE REGISTRATION LAW 1866 ALLEGANY COUNTY DISTRICT NO. 16 - LONACONING DUCKWORTH, GEO. H. DUCKWORTH, JAMES DUCKWORTH, LEWIS J. DUCKWORTH, SIM. H. DUCKWORTH, WM. H. 22 Jan 1839 Military Lots 23 & 24 (renamed “Fog”) State of Maryland Site (or Acts?): By Virtue of a Special Warrants of Escheat granted out of the Land Office for the Western Shore to James McGirr Allegany County bearing date the 22nd day of January 1839. To affect and Escheat Lots No. 23 and 24 lying in living in Allegany County to the Westward of Fort Cumberland originally on the ___ day of ___ granted for ___ Acres. Who died seized therof intestate and without Heirs. By means whereof the sames have become Escheat as it is apprehended and he the Said James McGirr being the first discoverer thereof and decisions to Sume the Same by the Escheat as oforsaid. Or by any other way or means whats ever required a Special Warrant to resurvey and affect them and that on return of a certificate of resurvey thereof he paying the purchase Money and complying with all other requirements according to Law may obtain a Grant he can (which purchase money is to be paid within one year from the date hereof. To resurvey the aforesaid Lots according to their respective intent Meles (sp?) and Bounds to correct and amend any errorwith original Surveys add any Vacant Lant thaereto contiguous and to reduce the whole into one entire Tract I certify as Surveyor of Allegany County that I have carefully resurveyed for an in the name of him the said James McGirr the aforesaid lots. Escdheat Lots and find them, to contain 50 Acres Each, to which I have added one piece of contiguous Vacancy containing 4 1/16Acres and have reduced the whole into one Entire Tract. And lastly the Beginning for the outlines of the whole at the Beginning Tru of Lot 23 and running thend resolving (?) the Given line and the 3 line thereof N51º W 8 pcs to the 1º line of Lot 24 and with it N51º W 2 pcs then with the 2nd line and part of the 3rd line thereof S39º W 8 pcs S51º E 34 pcs then S33º W1 pcs to the end of the 3rd line of Lot 26 and running with parts of the Given line thereof S51º E 65 pcs then by a straight lineto the Beginning, containing 104 5/6? Acres to be held by the Name of Fog. Resurveyed the 14th day of January 1840. Benajmin Brown, Surveyor of Allegany County The Beginning of the resurvey; Lots No 23 & 24 contain 50 acres each ~ 100 acres The vacancy added contains ~ 4 1/16 acres The resurvey contains ~ 100 4/16 acres In the Circuit Court for Garrett County, Civil Docket – Case No. 044 Earl H. George Route 2, Box 2 Plantiff’s Attorney: ‘Swanton, Maryland 21561 Thomas R. Janes Plantiff (Burnett, Eiswert, Crawford Janes, P.A.) Vs Margaret Warnick and William C. McGirr c/o W. Dwight Stover 3 South Second Street Oakland, Maryland 21550 And All other persons having or claiming an interest in the property containing 50 acres, more or less, in election District No. 1, being Military Lot No. 24 and being the same as patented by the State of Maryland to James McGirr on January 22, 1839, and devised to Margaret Warnick or Mary Jane Duckworth and William C.l McGirr by the last will and testament of James McGirr dated March 1, 1853, in the office of the register of wills for Allegany County, Maryland Defendents This was for 50 acres, military lot #24. What about lot #23. Lot 23 & 24 formed “Fog” and consisted of over 100 acres. Garrett County Maryland. Abstract of Deed Titles, Military Lots, compiled by Hiram P. Tasker 23 Awarded to Timothy Cahill, Sol(dier). Patented to James McGirr Feby 26th 1845 in “Fog” Deed Ruth Peter to John Peter AC NO1-224. Includes “23”, 46, 72 & 25 “ Mary Beall “ “ “ “ “ same Lots. 24 Awarded to John Miller. Sol(dier). Patented to James McGirr Feby 26th 1845 in “Fog” 22 April 1836 “McGirrton” State of Maryland Sct (Act?): By Virture of tewenty three Acres part of a Special Warrant for thirty Acres granted out of the Land Office, for the Western Shore to James McGirr of Allegany Counting bearing date the 22nd Day of April 1836 ~ I Certify as Surveyor of Allegany County that I have carefully Surveyed for and in the Name of him the Said James McGirr all that Tract or parcel of Land lying and being in Allegany County Aforesaid. Betinning at a bounded white Oak Standing at the end of the 4th line of a Tract of Land called “First Venture” and running thence S25ºE 11 pcs, to a Small Cheasnut Oak Standing at the end of the 2nd line of Lot No 74 then west 268 ½ pcs, N67º W33pcs, to the tth line of a Tract of Land called “Brady’s Defeat” and with Said line East 114 pcs. Then by a Straight line to the Beginning containing 23 ¾ Acres to be held by the Name of McGirrton Surveyed the 28th Day of February 1837. Benjamin Brown Surveyor of Allegany County Improvements 225 rails @ 12 ½ @ pr (per) Hundred $ .28@ Scale 100 pcs to an Inch 22 Feb 1837 Very hard to read hd to reverse print it (white lettering on black background) will attempt transcription later. 16 Mar 1837 Lots 70 & 179 “Nova Zembla” Land Record Book D 1832-1839, Surveyors Office, Allegany Cty MD, pg 304 State of Maryland Sct (Act?): By Virtue of a Special Warrant of Escheat granted out of the Land Office for the Western Shore to James McGirr of Allegany County bearing date the 16th Day of March 1837. To affect and Escheat Lots No 84 and 179 lying and being in Allegany County aforesaid to the Westward of Fort Cumberland Origin ally on the ___ day of _______ granted ______ for _______ acres who died Seized therof and intestate by means where of the Same have become Escheat, as it is apprehended, and he the Said James McGirr, being the first discoverer thereof and desireous to Secure the Same be they Escheat as aforesaid or by any other way or means whatsoever, required a Special warrant to resurvey and affect them and that on return of a Certificate of resurvey thereof, he, paying the purchase Money and complying with all other requisites according to a Law, may obtain a grant thereon (which purchase money is to be paid within one Year from the date hereof). To resurvey the aforesaid Lots. Lots according to their respective ancients metes and Bounds, to correct and amend any errors in the original surveys, add any Vacant Lantd thereto contiguous and reduce the whole into one Entire Tract ~ I certify as Surveyor of Allegany County that I have carefully resurveyed for and in the name of him, the Said James McGirr the aforesaid Escheat Lots No 84 and 179, according to their respective ancient metes and Bounds and find that Lot No 84 contains 51 ½ acres and that Lot No 179 contains 50 Acres to which I have added one piece of contiguous Vacancy containing 5/8 of an Acre and have reduced the whole into one Entire Tract and lastly. Beginning for the outlines of theWhole at the original Beginning of Lot No 179 and running thence with the 1st and part of the 2nd linee these of S39º W89 ½ pcs, to a Bounded White Oak market 26th, Beginning tree of Lot No 26 then running with the 1st line of Lot No 26 and with the 2nd line of Lot No 84. S33º W 8 pcs then with the 3rd line and with the given line of Lot No 84. S24º W 80pcs, East 124 pcs, to the Beginning of Lot No 84 and running with the part of the 1st line thereof, N23º W132 pcs then W33 E 21 pcs, to the 2nd line of Lot No 179 and running with it and the 3rd line threof. S51º E52 pcs. N39º E 89 ½ pcs. Then by a Straight line to the Beginning containing 102 1/8 Acres to be held By the name of Nova Zembla, resurveyed the 28th Day of February 1838. Benjamin Brown Surv. Of Allegany County Scale 100 pcs to an inch Lot 84 contains 51 ½ acres Lot 179 contains 50 The Vacancy added Contains 5/8 The Resurvey Contained 102 1/8 Acres Explainations A Shows the Beginning of the Resurvey and also of Lot 179 B Shows the Beginning of Lot 84 The Black figures Show the lines of the Resurvey The Red figures Show the lines of the Lots Improvements 465 rails @ 10 @ pr hundred $ 0.46 ½ 101 ½ Acres Escheat land valued @ 15 per acre $15..22 ½