Fairfield County, South Carolina  BISHOP LAND SALE

File contributed for use in USGenWeb Archives by:
earlcolley@juno.com (Luster E Colley)

Sale and partition of land of James Bishop, deceased; Fairfield
Co. SC Deed Book T, page 63

State of South Carolina

This indenture made the sixth day of February in the year of our Lord one
thousand eight hundred and nine between James Fort Muse Sherif of
Fairfield District of the one part and Burrell Ivey of the same 
District whereas there issued out of the Cort of Comon pleas of 
Fairfield District a certain plantation in the name of Burel Ivey 
& wif ux Sarah her and sum months later at Winsborough the third 
monday after the forth monday in october in the year of our Lord 
one thousand eight hundred and Seven to all and singular the
Sherif of the Said State commanding them and each of them to Sumon Sarah
Bishop Samuel Bishop Eli Bishop and William Bishop to be and appear at
the Cort of Comon pleas to be holden at fairfield Cort for fairfield District
on the third monday after the fourth monday in october in the year of our
Lord one thousand Eight hundred and Seven directed to all and Singular the
Sheriff of the Said State commanding them and each of them to Sumon Sarah Bishop
widow and relict of James Bishop Thomas Davis and Elizabeth his wife Sarah
Bishop James Bishop Eli Bishop and William Bishop to be and appear at the court
of Common pleas to be holden at fairfield Court House for Fairfield District
on the third monday after the fourth monday in March in the year of our Lord
one thousand Eight hundred and Eight to Shew Cause if any they had why a writ
of partition Should not be granted to Burrell Ivy and fife of the Lands
belonging to James Bishop the District aforesaid Deceased as his life time and at
his Death and whereas in Obediance to the said petition and summons the said
James Ford Muse Did Summons the Said Sarah Bishop Widow and James Bishop Wiliam
Bishop Eli Bishop and Sarah Bishop but for want of time Could not Summon
Thomas Davis and whereas afterwards there Issued out of the Said Court a
writ of partition in the name of Barrell Ivy and fife against Sarah Bishop and
others directed to Samuel Alston Nicholas Peay Thomas Muse Senior Reuben
Harrison and Hilis Whitaker Commanding them or any majority of them to g
their Proper Persons upon the Lands of the Said James Bishop Deceased
consisting of four Several pieces Parcels or tracts of Land and after Being first Duly
Sworn to proud fairly and unparcially according to the Best of their Judgment
to mark partition or Divion of the Said Lands with the buildings
hereditements and appurtenances respect being had to the value thereof between Sarah
Bishop widow of the said James Bishop Burrll Ivy and Mary his wife in right of
his Life Thomas Davis and Esabeth his wife in right of his wife Sarah Bishop
James Bishop Eli Bishop and Wiliam Bishop Children of the Said James Bishop
Deceased on the one third part of the Said Several Tracts of Land and to asign one
six part of the remaining two thirds to Barrill Ivy & wife and one six part
of the remaining two thirds to Tomas Davis and wife and one sixth part of the
remaining two thirds to Sarah Bishop and one sixth part of the remaining
two thirds to James Bishop and one Sixth part of the remaining two thirds to
Eli Bishop and one sixth part of the remaining two thirds to Wiliam Bishop so
that neither of the Legatees or parties Shoud have more of the Said Lands than
they are Justly entitled to and imediately after Such Division to make a
return thereof in writing under their hands and seals in the manner they had
made the Division or partition unto the Clerks Office the Court aforesaid and in
case they should not make Division of the said Lands amongst the said parties
without manifest Injury to them or any of them to make return of the Said
Lands and the value thereof truly apraised and to Certify their opinion
to the Said Court whether it would be most benefit to the Said parties to
Deliver to one or more of the Said parties the Said Lands which could not be farely
be Divided upon payment of a sum of money to be assessed by the Said
Commissioners or to Sell the Said Lands at Publick auction and whereas
the Said Commissioners recommended to the Court the Property and absolute
necessity of Selling the Said Lands at Publick auction and whereas
afterwards there Isued out of the same Court and under the folowing words South
Carolina Fairfield District In the Common pleas Nov'r Term 1808 Burrell Ivy & wife
ux Sarah Bishop and others parties the commisioners apoynted to Execute the
writ of partition in this case having returned that they are of opinion that
the Lands mentioned in the Said writ cannot be Divided fairly and without
manifest Injury to the parties or Sum of them and having recommended that the Said
Lands be Sold at publick auction and the avnes thereof Divided among the
parties in Such proportion as they are entitled to the Said Land thereof
on motion of Mr ?____? plff it is ordered the Sheriff of this District do on
the first monday in febuary next Sell the Said Lands at publick auction on a
Credit of twelve months and that he take Bonds of good Security for the
payment of the purchase money and that he do not Delive the titles untill
the purchase money be paid and when the sam or any part thereof Shall be
received the Sheriff do pay over the Same to the parties this part or Such persons
may be intitled to return the Same for them in Such proportion as the Said
parie are respectively intitled to Said Lands and that Judgment and that Jud be
entred up accordingly By order of the Court 19th nov'r 1808  W Yongue
CCfr and whereas by virtue of and in Obedience to Said order James F Muse Sheriff
of fairfield District did enter upon and take into his possession a certain
tract of Land in Fairfield District on Wateree Creek as Described by the next
plat and after having Given sue and Legal notice of Exposing the Same to
publick auction for and towards the Distribution of the Lands aforesaid between
the parties aforesaid to the Said James Fort Muse Did on the Sixth Day of
Febuary in the year of our Lord one thousand Eight hundred and nine openly
publickly and fairly according to the usage and Custom of vendues of the Said tract
of Land Sixty four acres to Burrell Ivy Seventy two Dollars and fifty thre
Cents he being at that and Sum of the highest and Last bidder for the Same N
this Indenture witnesseth that for and in consideration of the Sum Seventy two
Dollars and fifty three Cents to him in hand paid by Burrell Ivy at and
Before the the Sealing and Delivering of these presents is hereby acknowledged
by the Said James ford Muse hath Bargained Sold and confirmed and by these
presents doth Grant Bargain Sell and Confirm Unto the Said Barrill Ivy all that
tract of land as Described in the above plat together with all and Singular the
premises belonging to have and to hold the Said Sixty four acres of Land
to the only proper use and behoof of the Said Burrell ivy his Heirs and
assigns forever in testimony whereof the Said James F Muse hath forever Set his
hand and afixed his Seal and Delivered in the presence of
John Pickett Jos Woodward                                 James Fort Muse (seal)

A plat drawing is reproduced with the above text, showing the 64 acres
described. The plat shows Wateree Creek flowing through the middle of the
land with this creek being joined by two branches (not named) within the plat
boundaries. Surroundin the plat boundaries appear, "widow Patrick Bishops
Land", "Austen T Peay", Wm Dokins Land", and another name not readily
legible. 
Jos Woodward  Fairfield District
Before me appeared John Pickett and made oath that he did see James F
Muse Sign Seal and as his act and Deed deliver the within Convey over to
Burrell Ivy for the uses and purposes therein mentioned and that he with Joseph
Woodward in the presence of Each other Witessed the due Execution thereof
Sworn to before me this 13th of March 1810
James Beaty JP                                John Pickett

Jos Woodward  Fairfield District

End of my copy of the documents from Deed Book T.

This document is really difficult, and I have copied it as nearly like
the original handwriting as I possibly could.

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