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