The land grant images of James Phelps d 1786 Caswell County

The land grant of James Phelps d 1786 Caswell County, NC - With Images of the Original Documents

Before James’ 1779 land grant, the colonial land office had been closed from 1763 in the upper half of the colony and from 1775 in the lower half. So until 1777 when the State of NC provided for their land office, settlers farming unclaimed land had no secure title to it. Therefore, James most likely was on the land some time earlier. James first would have gone to the county “entry taker” to begin the process usually paying for all of the several fees. It took about a year to get the official grant to him. The entry taker had to wait 3 months before getting a surveyor to make a plat. Then the entry taker took everything to New Bern (the capitol in those years). After a delay to get proper signatures, the grant was then held until April or October when the county entry taker went to New Bern to get the grant. He would then return to Caswell. James had one year to record it at the county, but often the state did not enforce this. (Abstracted from “General Introduction to the State Grants”, George Stevenson, private manuscripts archivist, NC State Archives, available there.)

The state officially gave grants only to NC residents, but if the money was available, or one lived just over the line, this rule was sometimes ignored (per Dr. AB Pruitt, Box 815, Whitakers, NC 27891

The following were copied from the NC Archives in Raleigh, NC Transcriptions are by Latham Mark Phelps of Snow Hill, NC.

This image shows the "filing system" used to record the land grant. Notice that James' last name is incorrectly spelled Felpes. For years, this error prevented us from finding the records in the archives, since the archives' card catalog used this name, not Phelps in the actual documents.

Location: On the waters of C line Creek (Most likely this is Country Line Creek)

These are the images of the original authorization by the state of North Carolina to survey the land.

To the Surveyor of the said County Greeting:

You are hereby required as soon as may be to lay off and Survey for James Phelps a tract or parcel of land Containing Three Hundred and Twenty Acres, lying in the County aforesaid, joins the line of Anne Smith & the Virginia Line, on the Waters of Mill Creek, Including his Improvement.

Observing the directions of the Act of Assembly in such has made and provided for handing out lands. Two Just and fair Plans of such Survey with a proper Certificate Awarded to Each. You are to transmit with this Warrant to the Secretary's Office without delay.

Given under my hand at Palmyra the
Seventeenth Day of March, Anno Domini 1779

John Atkinson

Transcription By: Latham Mark Phelps 9-14-07

By a Scale of 40 Chains

State of North Carolina

This Plat Represents a Tract of Land Surveyed for James Felpes on the Waters of Country Line Creek. Beginning at a White Oak on the Province line of Virginia and runs thence South , Sixty five Chains to a Red Oak on Nathaniel Pass's line, thence his line West Forty five Chains to a Red Oak on Ann Smith's line, thence her line North Sixty five Chains to a Pine on the Province line, thence the Province line East Forty five Chains to the first Station , Containing Two Hundred & Ninety Two Acres.

Surveyed: May 25th , 1779 Hearndon Harralson DT

Chain Carriers:

Nathaniel Pass
Surv
Shadrack Hudson

It appears from the phrase "Including his Improvement" that James had possibly occupied this property long enough to make "Improvements". This could include clearing land, planting crops or building a residence. Further research of the meaning of "Improvements" in Land Deeds may be necessary.

The document from John Atkinson,Entry Officer for Lands in the County of Caswell, instructs the Surveyor to lay off 320 acres of land, curious why the deed only recorded 292 acres of land. What happened to the other 28 acres?? It's possible that it lay across the Virginia Line as some early settlers in this area owned property in Caswell and Halifax Va. and only the 292 acres could be recorded in Caswell County, NC., or perhaps when the actual survey was done the boundarys were limited by the adjacent property owners lines.
Virginia to the North, Shadrack Hudson to the East(not mentioned in survey), Nathaniel Pass to the South and Anne Smith to the West.

We need to research the "Act of Assembly" quoted in this document and what the terms and qualifications were for this "Act". I know that were "Acts" that covered grants of land to Soldiers and Patriots in the Revolutionary War, which was still ongoing in 1779.

Notice the "Chain Carriers" names: Nathaniel Pass, neighbor and father-in-law to James' son Thomas: Shadrack Hudson, neighbor and witness to James' Last Will.

The first document says "on the Waters of Mill Creek" and the Survey says "on the Waters of Country Line Creek". Could it be possible that this water course or a portion of it was known by both names in this time period.

From the "General introduction to this state grants" available in the archives building.. "...in 1776 ...the general assembly...was confronted by settlers farming land with no secure title to it, and the assembly lost no time in providing a solution. In the opening days of its November 1777 sesion the assembly passed a law for disposng of vacant public land to newe settlers. The law declared that anyone who took the oath of allegiance to the new state could purchase vacant public land at a stipulated rate. For 50 shillings per hundred acres, a man could purchase 640 acres for himself, and without incurring any penalty, another 100 acres for his wife, and an additional 100 acres for each of his children. ...

This is the actual deed as recorded in Caswell Co, NC, Dec 20, 1779, and copied by Mark Phelps.

and granted & by these presents do give and grant unto the said James Phelps his

acres lying and being in the County of Caswell. On the waters of Country Line

south sixty five chains to a red oak on Nathaniel Pass's line, thence his line

registered in the Register's Office of our said County of Caswell within twelve

Comments about this property, by Mark Phelps: James Phelps Land was on the East side of the Country Line Creek in Caswell County just across the Creek from the future Town of Milton, N.C. His property was bordered on the West by the lands of Anne Smith, on the East, by Shadrack Hudson, on the South by Nathaniel Pass Sr. and on the North by the Virginia Line. To the East of Shadrack Hudson were the lands of John Warren, whose daughter Jane married James Phelps' son William. James's son Thomas, married Nathaniel Pass Sr.'s daughter Mary and James Phelps' daughter Lucy married Willis Buckingham Smith, the son or grandson of Anne Smith. Anne Smith acquired her property in the year 1760 from "the Right Honourable John, Earl of Granville by deed bearing date the second day of August in the year of our Lord, One Thousand Seven Hundred and Sixty & registered in the Registers Office in Caswell County aforesaid in Book E Page( blank)”. This passage is from a Deed from James and Anne Reiley (Anne Smith's daughter and son-in-law) of Caswell County, N.C. to William Thomas Sr. of Pittsylvania County, Va., in 1779 (Caswell Co. Deed Book A--Page 115). Ironically, This Deed was witnessed by my 6th Great-Grandfather Andrew Haddock, as well as by Charles and John Boulton. This property consisted of 50 acres "Beginning at Benjamin Merritt's corner White Oak on the Virginia Line, and on the West side Country Line Creek".

William Thomas Sr. of Pittsylvania County, Va. had a son, Asa Thomas who is widely credited as being the Father of Milton, N.C. Quoted from The Caswell County Historical Association's (CCHA) website. " The town of Milton in northeast Caswell County was incorporated in 1796 as a center for warehousing and inspecting tobacco and flour. It was a natural site with a fine location on the Dan River. The property of Asa Thomas was selected. Because the new town was to have been located near the mill owned by Asa Thomas, it naturally was named Milltown or Milton." This mill was originally built by Benjamin Merrit and later sold to Anne Smith. If Asa Thomas was the Father of Milton, N.C., Then Anne Smith was the Grandmother of the town of Milton as it is situated on the land previously owned by her. Below is the transcription of Ane Smith's Will.

Comments by Doug Phelps: Based on the 300 acres in James' deed and the reported cost of 50 shillings per 100 acres, the cost was about 150 shillings. Accounting for 20 shillings per English pound, the equivalent dollar cost in 2003 would would be about $1530. See Money and Denominations The daily income for unskilled laborers in England did not much exceed a shilling a day (although that labor cost more in Colonial America). Source: Bound for America: The Transportation of British Convicts to the Colonies, 1718-1775. That would be about about $10 a day in 2003.

1778, November 20 – Land Entry #781 (NC Archives, Land Entry Book CR020.404.1) “James Phelps enters 320 acres of land joining the line of Ann Smith of the Virginia Line on the north side of Mill Creek including his improvements.” This would be when the initial entry in Caswell was done. (see abstracts of land entries for Caswell in Raleigh)

12/20/1779 James Phelps’ land grant. Recorded in the Caswell Deed Book and found in Caswell Co by ML Phelps, No. 277, page 404. (292 acres): “two hundred and ninety two acres lying and being in the County of Caswell. On the waters of Country Line Creek beginning at a white oak on the Provence Line of Virginia Graves (??), thence south sixty five chains to a red oak on Nathaniel Pass's line, thence his line west forty five chains to a red oak on Ann Smith's line, thence her line north sixty five chains to a pine on the Provence line, thence the Provence line east forty five chains to the first station” Nathanial Pass’ property named in boundaries.

NC Archives card catalog: #268 file no. on the card. 430 acres. Grant 266, Book 41, Entry “?54 2”

1779, December 20 – Nathanial Pass’ land grant issued. Waters of Smiths Mill Creek.

From a Pass web site http://www.familyorigins.com/users/h/a/m/William-D-Hammond/FAMO1-0001/d923.htm#P923 "Nathaniel Pass Sr. was born about 1732 in VA. He died in 1815 in NC, Caswell Co., near Milton. On 20 Dec 1779, Nathaniel was given a land grand of 430 acres in Caswell County, NC "on the waters of Smiths Mill Creek". It is not known why the land grant was given to a citizen of Virginia. It was not for Nathaniel's Revolutionary War service which did not begin until a year later. Most probably it was for some service in the Indian kirmishes which took place around the middle of the 18th century and which kept the settlers scurrying back and forth across the Virginia-North Carolina border. Sometime in 1780, Nathaniel moved onto his North Carolina grant with his wife, Alsey HOLLOWAY, whom he had married in Halifax, VA., and his first son, Holloway PASS, born 4 March 1762. It can be noted that Nathaniel's wife's maiden name, HOLLOWAY, is the same as one of the first nine townships that made up Person County when it was formed from Caswell County in 1791. Just what this connection is has not been discovered, but at least some tie between Alsey's family and the Person County township is suggested."

NC Archives card catalog: #828 file # on the card. 640 acres. Grant 826, Book 56, entry 265

NC Archives card catalog: #887 file # on the card. 484 acres. Grant x, Book 68, page 83 (check this again)

Richmond District (named several times for James Phelps) was in the upper right hand corner of Caswell and included the town of Milton.)

James’ will: ".. I Give and Bequeath after my Wifes decease to my Youngest Son Ambrose that part of my Land Lying on the North side of the Branch being the part whereon I now live..."

1790 NC Census: Mary Phelps, wife of James, is living in Richmond District, (upper-to-mid right side of Caswell C0)

Caswell 1806, December 5 Land purchased from Obediah PHELPS for $245, 118 A on Mill Creek

10/7/1805 Deed Book O, page 120-1: Ambrose (the one who moved to KY) sold 120 acres to Durrett Richards for $360 (Ambrose's only property in the 1803 tax list). Parcel was on Mill Creek adj to State line. Bounded by property owned by various people including Thomas Phelps.

1/20/1832 Book AA Page 321: T Jeffreys sells to BJ Crawley 166 acres on Mills Creek, adj State line, HA McCain, Thomas Phelps. It had been bought from Duret Richards who got it from Ambrose Phelps (the one who moved to KY).

12/26/1836 Book DD:351. Property sold on Mill Creek adj the state line, Isham Phelps, et al..

Dec 20/1832 Isham bought 132 acres from Thomas Phelps(?) for $264 on Mill Creek, adj Barthus J. Crawley.