In a recent post regarding the Long Hunters I referenced two deeds from 1769 where James Skaggs Sr. deeded land to two sons, Henry and James Skaggs Jr. I think it's worth looking at one of these two deeds in detail since Skaggs ancestors were involved with several important historical figures from the New River area of Virginia when these deeds were signed.
Before we take a look at the deeds we need to be familiar with the valuable resources at Bob's Genealogy Filing Cabinet:
- A Bit of Deed History provides valuable historical information about colonial land transfer including the different types of property conveyance, the variety of types of interest in land, the operative language of the document and the proving and recording of deeds
- Legal Age describes the significance of legal age in colonial America, including who could legally do what at what age
- Colonial Legal Terminology is a glossary of terms often found in colonial legal documents
- Senior, Junior & Name Suffixes in General describes the historical use of name suffixes in colonial times
The land transfer I want to discuss involves the "lease and release" deeds between James Scaggs Sr. and James Scaggs Jr. in Augusta County, Virginia. First, a "bargain and sale" contract was executed on 25 April 1769 to convey a lease on the land to James Scaggs Jr. for five shillings. Notice this lease was marked by James Scaggs, the lessor, with an i-shaped mark with crossbar. Also, notice the list of witnesses to the recordation of the lease on 17 August 1769: William Preston, Richard Whitt, a James Skeggs whose mark was different than James Scaggs Sr., the lessor. As a witness, he was likely a third James Skaggs separate from James Scaggs, Sr, the lessor, and James Scaggs Jr., the lessee, a James without a financial interest in the transaction (likely the James Skaggs married to Susanna). A John Skaggs (father of Zachariah?), Israel Christian, James Buchanan and William Ingles were also witnesses to the recordation of the lease. That's quite the who's-who of the New River frontier of Virginia.
Next, the sellers James Scaggs Sr. and wife Rachel executed a release on 26 April 1769 to grant to the buyer, James Scaggs Jr. (who was now their tenant) a reversion of the seller's interest for 100 pounds sterling. Notice wife Rachel was listed as a grantor on the release and James and Rachel both made their marks as grantors. This deed was recorded on the same day as the lease above in the presence of the same witnesses.
Buying or selling land without restriction required the grantor and grantee to be age 21. So we know from this deed that James Scaggs Jr. was born before 1749. Also, the name suffixes Sr and Jr in colonial times did not necessarily indicate that the relationship was between father and son, however, I think in this case the relationship was father and son.
Even though a deed became effective upon receipt of the buyer, it still needed to be proven by three witnesses prior to being recorded by the county clerk. That's where Israel Christian, James Buchanan and William Ingles come in as witnesses to the recordation. These guys were significant men of influence in the development of the New River frontier.
The John Skaggs who also witnessed the recordation is interesting. I don't believe he was John "Gourdhead" Skaggs, son of James Sr and brother of James Jr because I don't think an interested party such as a son or brother would have been used as a witness. This John Skaggs was likely the John who was related (father?) to Zachariah Skaggs in a 1780 assignment of land to John Charlton.
Richard Whitt is another interesting witness. He married Susanna Skaggs the daughter of James Sr and was a Baptist preacher in the region back when only marriages by the Church of England were officially recognized. Finally William Preston was the prominent real estate developer in the region and a survivor of the Draper's Meadow Massacre. The town of Prestonsburg, Kentucky was named after him.
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