1.        Petition to Sale Martin Martin's Real Estate - September 1871
 

2.        Appearance Order for Heirs Living Out-of-State - 16 September 1871
 

3.        Appearance Order for Heirs in Spartanburg County - 20 September 1871
 

4.        Order for Sale of Martin Martin's Real Estate - 11 November 1871

with annotation of sale to C. P. Turner on 4 December 1871
 

5.         Deed of Conveyance - 18 January 1872

PETITION TO SALE MARTIN MARTIN'S REAL ESTATE -
SEPTEMBER 1871
 

Front of Folded File

Transcribed by James D. Martin                                                                                     2 February 2002 

PETITION TO SALE MARTIN MARTIN'S REAL ESTATE - SEPTEMBER 1871

 The State of South Carolina        ~                               Probate Court Spartanburg County 

To His Honor Benjamin Wofford Judge of Probate 

The Petition of William Martin, Jeremiah Martin, O[thello, son of Robert, dec.] Martin, William Williams + wife Nancy, R. A. Scruggs + wife Narcissa, Hood jolly + wife Ann, Drucilla Martin, Misseniah Martin, Joseph Price + wife Delphia, Edly [probably should be Audley] Martin son of Richard Martin decd Alfred Harris grandson of Wm Turner + wife Jane decd, William Moore, James Scruggs, Richard Scruggs, Mary Cantrell + husband Alfred and Patillo Farrow + wife children of Jesse Scruggs + wife Polly decd, Francis Lamb + wife Emily grandchild of Jeremiah Martin decd, Andrew Martin + B. B. Martin children of said Jeremiah Martin decd, Julius Jarrett + children James Jarrett + Jess Jarrett, Dock Turner + wife Hessantine + John Ezell + wife Emily respectfully present unto your Honor That they are a portion of the Heirs of Martin Martin decd, on or about the    day of   . That the said Martin Martin died seized and possessed of an undivided interest ammounting to Seven eighteenths (7/18) of the whole of a certain tract of land, to wit, situated in Spartanburg County in the State aforesaid on head waters of Thickety Creek bounded by lands of Jonas Harris, Calvin Phillips, So Car Maf Co + others containing One Hundred and Twenty acres more or less, in all the interest of Martin Martin being Forty Six and two thirds acres. That your Petitioners an all are over the age of 21 years, and inside this State, That there are other Heirs of the said Martin Martin decd who are either living out of the State or are minors under the age of 21 years of age. To wit, Robert, Berryman + Beauregard Martin minor children of Robt Martin decd all of whom reside out of the State and Robert Martin a minor. The Grandchildren of Richard Martin decd + who resides out of the State, and whose names are unknown to your Petitioners. Mary Goode + William Martin children of Richard Martin decd who reside out of this State. Walter Turner who lives out of the State. William Moore and his children who are minors, to wit, John, Calvin, Margaret, Julia, Evaline, Jane, Myra, George, Edward and Wm Willis Moore, all of whom are grand children of said Wm and Jane Turner, decd, James Harris + wife Polly Ann, Lewis Guthrie + wife Myra, who reside out of this State. The children of John Turner, decd, who reside out of this State and names unknown to your Petitioners. Almarine Brawley + his children, Wm Highly + wife Martha + James Brawley, who reside out of this State Catherine Martin, Perry D. P. Martin, Theodosia Martin, Tulula Martin, John B. Martin all minor children of Jno. Martin, Jr, decd, James Martin, Jno Martin, Jerry Martin + Lee Martin minor children of Green Martin, decd, The children of Ann Hamrick, to wit, W. W. and Polly Wright who reside out of this State. The Heirs of Willis Martin who reside out of this State and names unknown to your Petitioners. The Heirs of Lewis Martin who reside out of this State and names unknown. Eliphus and Clementine Jarrett minor children of Julia Jarrett. Wm Altne Turner minor child of Wm Turner, and your Petitioners pray that your Honor will grant an order for the sale of the land aforesaid for distribution among the Heirs aforesaid, and it is wholly impracticable to divide this land among the parties in interest. And further that your Honor will grant a order to be published making the parties absent from and without the State party to these proceedings and such other orders as prayed for us to your Honor may seem fit and proper. And your Petitioners will ever pray and be. 

Duncan & Cleveland Prof Pets

Transcribed by James D. Martin                                                                                     2 February 2002

PETITION TO SALE OF MARTIN MARTIN'S REAL ESTATE - SEPTEMBER 1871

Back of Folded File

A Rule having been posted as to absent parties and they failing to appear and object to the prayer of the Petitioner, their consent is entered of Record.

Nov 2"^d 1871

Benj. Wofford J.P.C.

Recorded Page 107

Transcribed by James D. Martin                                                                              2 February 2002

APPEARANCE ORDER FOR HEIRS LIVING OUT-OF-STATE
16 SEPTEMBER 1871

The State of South Carolina Spartanburg in Probate Court

William Martin, Jeremiah Martin and O. Martin
Applicants
vs.
Bruce J. Martin, E. M. Martin and others
Defendants

It appearing to my satisfaction, that Robert, Benjamin and Beauregard Martin, minor children of Jno. O. Martin, B. J. Martin, E. M. Martin and Robert Martin, minor children of Robert deceased. The grand-children of Richard Martin, deceased, names not known. Mary Goode and Wm. Martin children of Richard Martin, deceased, Walter Turner, James Harris and wife Polly Ann, Lewis Guthrie and wife Mira, the children of John Turner, deceased, names not known. Almarine Brawley and his children, Wm. Highley and wife Martha and James Brawley, W. W. Wright, Polly Wright, the heirs of Willis Martin, names not known, and the heirs of Lewis Martin names not known; Defendants reside without this State it is therefore ordered that they do appear and object to the division or sale of the real estate of Martin Martin, deceased, on or before the second day of November next, or their consent will be entered of record.

Given under my hand and Seal of office, September 16, AD, 1871.

BENJ. WOFFORD, J.P.C.

Sep 21                                               31                                                                  6w

This is a typeset printed document and was probably published in the Carolina Spartan [Spartanburg SC] on 21 September 1871.

Transcribed by James D. Martin                                                                                    

APPEARANCE ORDER FOR HEIRS LIVING IN SPARTANBURG COUNTY
20 SEPTEMBER 1871

Front of Folded File

In Probate Court
Spartanburg

Transcribed by James D. Martin                                                                               2 February 2002

APPEARANCE ORDER FOR HEIRS LIVING IN SPARTANBURG COUNTY
20 SEPTEMBER 1871

The State of South Carolina                                                    In Probate Court Spartanburg County

To John Moore, Calvin Moore, Margaret Moore, Julia Moore, Aveline Moore, Jane Moore, Myra Moore, George Moore, Ed Moore, William Willia Moore, Jas Harris + wife Polly, Catherine Martin, Perry D. P. Martin, Theodosia Martin, Tulula Martin, Jno. B. Martin, James Martin, Jno. Martin, Jerry Martin, Lee Martin, Eliphus Jarritt, Clementine Jarrett, Altne Turner, Legal heirs and representatives of Martin Martin who died intestate

Greeting

you and each of you are hereby required to appear at a Court of Probate to be holden at Spartanburg Court House, for Spartanburg County on the ^2nd Day of Nov. A.D. 1871 to show cause if any you can why the Real Estate of Martin Martin decd, Situated in said County bounded by lands of Janus Harris, Calvin Phillips, So Car Manufacturing Co + others, containing one Hundred + Twenty acres more or less, Should not be divided or Sold.

Given under my hand + Seal of office. Sept 20`^h 1871

Benj. Wofford J.P.C.

This is a handwritten document with very good handwriting.

Transcribed by James D. Martin                                                                                  2 February 2002

APPEARANCE ORDER FOR HEIRS LIVING IN SPARTANBURG COUNTY
20 SEPTEMBER 1871

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(374)

Entered Sept 20, 1871

John Dewberry

SSC

By Special Deputy Joseph Price. I

did on the 30`^h day of Sept. 1871 Served Jno. B. Martin, Theod. Martin, Tulula Martin, Perry Martin, Cath. Martin, John Martin, Lee Martin, Jas. Martin, Jerry Martin, Altne Turner, personally + searched for James Harris + wife, also

on the 3r^d + 10^th days of Oct. 1871,

Served Eliphus Jarratt, Clementine Jarrett, Ed. Moore, Aveline Moore, John Moore, Calvin Moore, Margaret Moore, Jane Moore, Julia Moore, Geo. Moore, Wm. W. Moore, Myra Moore, personally with copies of the written citation.

John Dewberry
SSC

Shffs cost Entry    0.50
23 copies  23.00
Mileage     20.90
               $44.40

Transcribed by James D. Martin                                                                              2 February 2002

ORDER FOR SALE OF MARTIN MARTIN'S REAL ESTATE
11 NOVEMBER 1871

Front of Folded File

In Probate Court
Spartanburg

Transcribed by James D. Martin                                                                              2 February 2002

ORDER FOR SALE OF MARTIN MARTIN'S REAL ESTATE
1 1 NOVEMBER 1871

The State of South Carolina                                                    In Probate Court
County of Spartanburg                                                           Spartanburg

In our Examination it is ordered that the Land described in the pleading in this case the same being the Real Estate of Martin Martin decd, Situated in the County of Spartanburg, lying on the headwaters of Thickety Creek bounded by lands of Jonas Harris, Calvin Phillips, So. Ca. Manf. Co. and containing One Hundred + Twenty Acreas more or less, be Sold by the Sheriff of the County of Spartanburg on the Pt Monday in Dec next or on such other Sale Day as will be most advantageous for the parties in interest on a Credit of 12 months with interest from the day of the Sale, Purchaser to give bond and good Security, and Mortgage of the premises to Secure the purchase money. Also to pay for Stamps, and papers.

Given under my hand + Seal of Office. Nov 11`^h 1871

Benj Wofford J.P.C.

The said interest in the above Land is 46 2/3 acres.

Transcribed by James D. Martin                                                                                 2 February 2002 

ORDER FOR SALE OF MARTIN MARTIN'S REAL ESTATE
1 1 NOVEMBER 1871

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As ordered I have this

day sold the within des-
cribed Tract of land to

C. P. Turner for Thirty-Five
($35.00) Dollars, that being
 the highest bidden therefore,
Dec 4, 1871

John Dewberry SSC

                       Recorded page 110

Sheriffs costs

Advertising       $1.00

Commissions        .70

$1.70

Serving Papers             44.40

 $46.10

Transcribed by James D. Martin                                                                                  2 February 2002

DEED OF CONVEYANCE
JANUARY18,1872
 

Benj Wofford S. P. C. ~                       Deed of Conveyance
vs                                                                                                       The State of South Carolina
C. P. Turner                                        Spartanburg County
 

Whereas William Martin, Jerry Martin, O. Martin, et. al, on about the day of one thousand eight hundred and did exhibit their petition in the Court of Probate at Spartanburg Court House, setting forth that Martin Martin departed this life on or about        day of one thousand eight hundred and seized and possessed in fee of a certain plantation or tract of land containing Forty six and two thirds acres, more or less, bounded by lands of James Harris, Calvin Phillips, that portion and division of said lands, yet remained to be made, which they prayed might be done. 

And whereas, afterwards, to wit: On the Eleventh day of November, in the year of our Lord one thousand and eight hundred and Seventy one, Benj Wofford Esq Probate judge of Spartanburg County, after due examination did order and decree that the land described in the said petition be sold by the Sheriff of Spartanburg, on the first Monday in December, the next ensuing or on such other sale day as would be most for the advantage of the parties in interest, in a credit of twelve months, with interest from date, except costs which must be paid cash on day of sale. And whereas John Dewberry, as Sheriff of the County aforesaid, after having duly advertised the said tract of land for sale by public outcry, on the fourteenth day of December, in the year of our Lord one thousand eight hundred and seventy one, did then openly and publicly and according to the custom of Auction, sell and dispose of the tract of land below described unto C. P. Turner, of the County and State aforesaid for the sum of Thirty five dollars ($35.00) dollars, he being at that price, the last and highest bidder for the same. Now therefore know all men by these presents, that I, Benj Wofford Esq., Probate judge as aforesaid, under and by virtue of the order and decree of the Probate judge aforesaid, and in consideration of the sum of ($35.00) Thirty five, secured to be paid to the Probate judge, aforesaid, have granted, bargained, sold and released, and by these presents do grant, bargain, sold and released unto the said C. P. Turner,

that certain piece, parcel, and plantation of land containing one hundred and twenty acres, more or less, adjoining lands of James Harris, Calvin Phillips, So Ca Manufacturing Company and others, lying on the head waters of Thicketty creek, in the county and State aforesaid. The interest herein conveyed and released, is the interest of the aforesaid Martin Martin, deceased, which is seven (7/18) Eighteenths of the whole tract above mentioned and described.

Together with all and singular, the rights, members, hereditaments and appurtenances belonging, in anywise incident or appertaining to the said promises and also of the state, right, title, interest, dower, possession, property, claim and demand, whatsoever, either at law or equity of the heirs and representatives of the said Martin Martin, deceased, and of the parties to this suit, or any other person rightfully claiming or to claim the same or any part thereof, by, from, or under their or either of them. To have and to hold the said tract of land, with its appurtenances hereditaments and privileges, unto the said C. P. Turner, his heirs and assigns, to his, and their proper use and benefit forever. In witness whereof, I, the said Benj Wofford, Esq., Probate Judge of the County aforesaid, under and by virtue of the said order and decree, have hereunto set my hand and seal, this fourteenth day of December, in the year of our Lord one thousand eight hundred and Seventy one, and in the Ninety Sixth year of the Sovereignty and Independence of the United States of America.

Signed, sealed and delivered                                                     Benj Wofford
in the presence of

Jno. Earle Bomar

Ed. H. Bobo

State of South Carolina County of Spartanburg

Personally appeared before me Jno Earle Bomar and made oath that he saw Benj Wofford sign, seal and deliver the within Deeds for the uses and purposes therein mentioned, and that Dependent, with Ed. H. Bobo, in the presence of each other, witnessed the due execution thereof Sworn to me January 18, 1872

J. M. [unreadable], Clk                                                     Jno Earle Bomar
I certify that the within transfer has been recorded in my office

W. Magill Fleming, Co Auditor

Registered, examined and certified January 18, 1872

Transcribed by James D. Martin                                                                                   2 February 2002

MARTIN MARTIN'S ESTATE FILE CHILDRENS NAMES, 1 872

Anna          W. W. and Polly Wright; children of Ann Hamrick

Jane            Alfred Harris grandson of Win Turner and wife Jane

Jane            Children of John Turner who reside out-of-state

Jane            James Harris and wife Polly Ann

Jane            Lewis Guthrie and wife Myra, resides out-of-state

Jane            Walter Turner, resides out-of-state

Jane            William

Jane            William Moore and his minor children; John, Calvin, Margaret, Julia, Evaline, Jane, Myra,

                 George, Edward and Wm. Willis Moore, grandchildren of Wm + Jane Turner

Jane            Wm. Althe Turner; minor child of Wm. Turner

Jerry           Andrew + B.B. Martin children of Jeremiah Martin

Jerry           Catherine Martin, Perry D. P. Martin, Theodosia Martin, Tulula Martin, John B. Martin; minor children of Jno. Martin Jr.

Jerry           Frances Lamb and wife Emily grand child of Jeremiah Martin

Jerry           James Martin, Jno. Martin, Jerry Martin and Lee Martin; minor children of Green Martin

Mary           Almarine Brawley and children Wm Highly and wife Martha and James Brawley who reside out-of-state

Mary          Dock Turner and wife Hessantine

Mary          Eliphus and Clementine Jarrett; minor children of Julia Jarrett

Mary          James Scruggs

Mary          John [Mart] Ezell and wife Emily

Mary          Julius Jarrett + children James Jarrett and Jess Jarrett

Mary          Mary Cantrell and husband Alfred

Mary           Patillo Farrow and wife; children of Jesse Scruggs and wife Polly

Mary          Richard Scruggs

Richard       Edly Martin [Audley?]

Richard       Mary Goode

Richard       William Martin

Robert        Beauregard Martin, resides out-of-state

Robert        Drucilla Martin

Robert        Joseph Price and wife Delphia

Robert        Misseniah Martin

Robert        Richard A. Scruggs and wife Narcissa

Robert        Berryman Martin, resides out-of-state

Robert        Robert Martin child of Robert, a minor, out-of-state

Robert        Washington Hood jolly and wife Ann

Robert        William Williams and wife Nancy

Laurens County South Carolina

Real Estate Transactions

for

Shadrack and Martin Martin

Deed Book Dates                                           Transaction

D/343             1772 Jun 17 - 1793 Feb 28           Shadrack Martin witnessed transaction

D/192             1773 Jan 15 - 1792 Jul 13             Shadrack Martin witnessed transaction

A/94               1774 May 23 - 1785 Nov 13         Shadrack Martin witnessed transaction

A/222             1774 Oct 10                                Survey in the name of Martin Martin

D/345             1777 May 29 - 1793 Feb 28         Shadrack Martin witnessed transaction

J/81                1786                                          213 a. grant to Martin Martin

A/276             1786 Jan 25 - 1786 Jul 07             Wm. Martin and John Martin witnessed

A/324             1786 Sep 06 - 1786 Sep 26           Shadrack Martin witnessed transaction

D/187             1786 Nov 10 - 1792 Jul 02           S. Martin to M. Martin 150 a.

H/205             1787                                           12 acre grant to Martin Martin

C/314              1789 Nov 07 - 1790 Dec 15         Martin Martin sold 25 a.

C/81               1789 Nov 27 - 1789 Nov 27         Shadrack Martin will to William Martin

C/80               1789 Nov 27 - 1789 Nov 27         Shadrack Martin will to Jean and Margaret

C/130              1789 Dec 26 - 1790 Mar 16         Martin Martin sold 150 a.

D/105             1791 Sep 05 - 1792 Feb 06           Martin Martin sold 150 a.

E/65                1792 Apr 14 - 1793 Nov 10          Shadrack Martin sells to Wadsworth and Turpin

F/252              1793               - 1797 Sep 09       Martin Martin sold 12 a.

F/231              1793 May 27 - 1797 Jul 18           Martin Martin sold 16 a.

E/209              1794 May 05 - 1794 May 07        Shadrack Martin & Wm. Martin bond on land

E/319              1794 Oct 16 - 1795 Jan 13           Martin Martin witnessed transaction

G/22               1797 Feb 20                               Wm. Martin sells 187 a.

G/686              1802 Feb 25 - 1803 Nov 08         Sale of part of grant where S. Martin widow lives

H/15               1803 Sep 20 - 1804 Mar 06          Wm. Martin sells 100 a.

Source:         Sara M. Nash, "Abstracts of Early Records of Laurens County, South Carolina 1785 - 1820," undated.

Transcribed by James D. Martin