Wilkinson County GAGenWeb

Reconstituted Deed to Methodist Episcopal Church ( now Poplar Springs Methodist Church)
from Fulton Kemp dated 1858 and filed 1875(?)
submitted by Tom Freeman, transcribed by Eileen McAdams

Georgia,
Wilkinson County
To the Honorable Superior Court of Said County
  The petition of Jesse Peacock Sr. respectfully showeth that he is one of the joint owners together with Wily Miller, Peter VanLandingham and Jethro Dean as Trustees of a trust deed made by Fulton Kemp to the aforesaid Trustees a Substantial of which is hereto attached of and that the same has been lost or destroyed or mislaid and cannot be found though petitioner has made therefore the most diligent search. Wherefore Petitioner prays the order of the Court and ordering  the said Kemp on his supernatants to show cause if any they have at the next term of the court, why the said copy deed should not be established in lin of the said lot or destroyed original and that a copy of said order be served on them according to Law.
N. A. Carswell
Atty of ??

(copy)
Georgia
Wilkinson county
    This Indenture made and ordered this Sometime in the year Eighteen hundred and twenty eight between Fulton Kemp of the county and state aforesaid of the one part & Jesse Peacock, Wily Miller and Peter Van Landingham and Jethro Dean all of the same place as trustees of the Methodist Episcopal Church, the said Fulton Kemp for and in consideration of the Sum of twenty five dollars hath this day bargained & sold and do by these presents (?) bargain & sell unto the said Trustees all that tract an parcel of land being part of lot  of land remaining, at a post oak corner (page 2) near the meeting house, running, ?? along the original line. (this was marked through) As (206) two hundred and six in the Fourth District Wilkinson County in South east corner of said lot of land commencing at a post oak corner near the meeting house spring running thence along the original line to a certain forked sweet gum, thence north to the road leading from Irwinton to Balls Ferry to a post corner thence west along the road to a certain Lightwood Post, thence South to the beginning corner containing ten acres more or less. To have and to hold the said bargain of land unto them and their successors as trustees for the Methodist Episcopal Church and the said Fulton Kemp will and do warrant and former despose the bargained land unto the said Jesse Peacock, Wily Miller, Peter VanLandingham & Jethro Dean as trustees aforesaid and their successors as Trustees from the claim or claims of any and any other persons whatsoever. In testimony whereof I have hereunto set my hand and seal this day and year first above written. Signed, sealed and delivered
 in presence of us
Witness is not recollecting
Fulton Kemp

Georgia, Wilkinson
    Personally came before me Samuel Beall a Justice of the Inferior Court in and for said County, Jesse Peacock who said on oath that the former deed is lost or misplaced or rather that it was burnt in this place and that the deed has shown is true copy  as near as he can recollect. Sworn to and subscribed before me this 4th day of October 1865.
Jesse Peacock
Samuel Beall I.J.C.

(page 3)
   It appearing to the court that Jesse Peacock as a Trustee was the joint owner of a trust deed dated 1828; made and executed by Fulton Kemp to him as and others, as Trustees, has been lost or destroyed or mislaid and cannot be found. It is therefore ordered that the said Fulton Kemp or his representations show cause or on before the next term of this court why a copy should not be fully established in lieu of the lost original, and that service of this be  __cted, as required by law.
A true extract from the minutes of Wilkinson Sup. Court October Term 1854
Geo. M. Tarpley Clk

  It appearing to the court that the order of the court granted at the October term of the court of 1854 and established at the April Term 1855 has been duly published as __ in instructed and no cause being shown in oppostion to said motion it is therfore ordered that said Rule Nisi be made absolute, and that the said copy deed be and the same is hereby established in law of the destroyed original and it is further ordered that the clerk present Jesse Peacock with a certified copy of the said established and of the rule upon applicaton and payment of all costs.

Georgia: Wilkinson County:
     I hereby certify that the within and forgoing a true extract from the minutes of Wilkinson Sup. Court. Given under my hand at office this 25 Nov. 1858.
Geo. W. Tarpley, Clk

(outside cover page)
Fulton Kemp to Jesse Peacock Deed Copy
Lot # 206 to a church
Recording fee $1.20 paid
Georgia Wilkinson County Clerks office Supr. Court Recorded in book C, page 239 & 240 __? Jan. 22nd 1875
John G. Hughes Clk
 
 


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