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