Amanuensis Monday - Indenture - Joshua Davis to Thomas Cook 1812

On his TransylvanianDutch blog, John Newmark defines an amanuensis as “a person employed to write out what another dictates or to copy what has been written by another.” For more information about this daily blogging prompt, see John’s post Amanuensis – Why?.

I have amassed quite a collection of scans of handwritten documents related to my ancestors—primarily marriage records, deeds, and wills. As I have been transcribing these documents, it occurred to me that most of these documents were not actually written by my ancestors, but rather dictated to someone else, and then transcribed by a clerk into official records.

This week’s transcription is another deed to which my maternal 4^th great-grandfather Thomas Cook was a party. This purchase of 68 acres on Brushy Mountain, in Wilkes County, North Carolina, took place about seven  years before Thomas’s death in 1819. Notice that the document mentions the "Iredell line." Thomas Cook's property straddled the boundary between Iredell and Wilkes counties. In fact, when the boundary changed in 1815, his land was mentioned in the legislation making the change; you can read about the boundary changes here.

“Joshua Davis to Thomas Cook

This Indenture made this twenty second day of September, In the year of our Lord one thousand Eight hundred & twelve between Joshua Davis of the County of Wilkes & State of North Carolina of the one part & Thos Cook of the County & State aford of the other part. Witnesseth that for & in Consideration of the sum of Eighty Dollars to me in hand paid by the s^d. Thomas Cook the same whereof is fully acknowledged, that the s^d. Joshua Davis hath given granted Bargained Sold & by these presents do give grant & sell unto the s^d. Thos Cook his heirs or assigns to a certain tract or parcel of Land Containing Sixty Eight acres the same more or less lying in the County of Wilkes on the brushy Mountain, It being part of a Tract of Eighty acres conveyed by James Fletcher sen^r. to Elijah Vickas & from Elilijah [sic] Vickas to Joshua Davis, Includnig the plantation whereon the s^d. Davis now lives, Beginning at a red oak in the Iredell line, Then north one hundred ps [poles?] to a chestnut. Then West one hundred & Sixty Eight po. to a red oak, Then South one hundred po to the Iredell line, Then East with s^d. line to the beginning and Divides by a conveyance of twelve acres conveyed by Elijah Vickas to Jeremiah Gilreath with the appurtenances and all rights titles & privileges & Improvements to the said [?] belonging to him that Joshua Davis his heirs or assigns, forever and the s^d. Joshua Davis himself his heirs do hereby covenant & agree to & with the s^d Joshua D Thos Cook that s^d Cook his heirs or assigns shall & may forever here after peacibly & Quietly Enjoy occupy & possess the afores^d Grant & [?] without molestation & the s^d Joshua Davis himself his heirs Executors, administr or assigns do by these presents warrant & forever Defend the rights & title of the afores^d Granted Land & premises to him the s^d Tho^s. Cook his heirs or assigns forever against the claim or right or title or Interest of any persons or whatsoever In Witness whereof I Joshua Davis hath hereunto set my hand & fixt my seal the day & date above written.

                                                                                     his

                                                                        Joshua X Davis {seal}

                                                                                    mark

Signed Sealed & Delivered In presence of

Jeremiah Gilreath     )

Richard Cook            )                       Wrote on the Back

            North Carolina          )

            Wilks County             )           Novber Term. AD 1812

                                               

The within Deed was duly proven in open Court by the oath of Richard Cook in order to be Registered.

                                                                        Test. R Martin Clk.”

Source: Wilkes County, North Carolina, Deeds, 1768-1964, G: 437, indenture, Joshua Davis to 

Thomas Cook, dated 22 Sep 1812, recorded Nov Term 1812; FHL microfilm 20,135.

© 2012 Denise Spurlock