Benjamin Phipps in North Carolina and Virginia

The following deeds are found in Hampshire County, Virginia Deed Book 1, 1757-1767, beginning with deed number 79. Digital copies are accessible in Family Search beginning at image 84 of 622. Two deeds are recorded, one immediately following the other. Both involved 400 acres which Benjamin Phipps had received by deed dated 9 May 1751 from the proprietor of the Northern Neck, Lord Fairfax. The land was on the North River of what is termed in the deeds “Cape Capon.” This was also called the Cacapehon, today the Cacapon.

It appears that Benjamin leased the land to Samuel Pritchard of Frederick County, Virginia on 15 December 1760, but then decided the following day to simply sell him the land. This resulted in two deeds, one dated the 15th and the other dated the 16th.

Some other events which may place these deeds in context:

  • 1743/44, Frederick County, Virginia: Benjamin Phipps was the overseer for a road leading from the north branch of the Cape Capon (Cacapehon; Hampshire County did not yet exist)
  • 1760, Hampshire County, Virginia: The two deeds below appeared, involving Benjamin Phipps’s land on the North River of the Cape Capon
  • 1760, Granville County, North Carolina: The will of Isaiah Phipps mentions his plantation in Hampshire County, Virginia on both sides of the Little Cape Capon (Little Cacapon)
  • 1797, Hampshire County, Virginia: Henry Baker received a grant on the North River of the Great Cacapehon adjoining Benjamin Fips (as current owner or as original grantee?)

Deed number 79:

  • Date: 15 December 1760
  • Grantor: Benjamin Phipps of the province of North Carolina
  • Grantee: Samuel Pritchard of Frederick County, colony of Virginia
  • Consideration: 5 shillings
  • One year lease of 400 acres which Benjamin Phipps had received by deed from the proprietor of the Northern Neck dated 9 May 1751
  • Land in Hampshire County on North River of Cape Capon
  • Witnesses: James Keith, Alexander Wodrow, Luke Collins, George Nickson (Nixon)

Deed number 80:

  • Date: 16 December 1760 (the day after Deed 79)
  • Grantor: Benjamin Phipps of the province of North Carolina
  • Grantee: Samuel Pritchard of Frederick County, colony of Virginia
  • Consideration: £60
  • Sell of the same 400 acres described in Deed 79
  • Land in Hampshire County on North River of Cape Capon
  • Witnesses: James Keith, Alexander Wodrow, Luke Collins

[in margin:]

79
[?]ps
to
[?]hard
[?]e
[?]ld.[to?]
[?]ed

[body of text:]

This Indenture Made this Fifteenth Day of December in the year of our Lord One thousand seven hundred and sixty Between Benjamin Phipps of the Province of North Carolina of the one Part and Samuel Pritchard of the County of Frederick and Colony of Virginia of the other Part Witnesseth That the said Benjamin Phipps for and in Consideration of the Sum of Five Shillings Current Money of Virginia to him in Hand paid by the said Samuel Pritchard at or before the Sealing and Delivery of these Presents the Receipt whereof he doth hereby acknowledge and thereof acquit and discharge the said Samuel Pritchard his Executors and Administrators Hath Granted Demised and to Farm Lett and by these Presents Doth Grant Demise and to Farm lett unto the said Samuel Pritchard a certain Tract of Land scituate lying and being upon the North River of Cape Capon in the County of Hampshire and bounded as follows to wit Beginning at a White Oak Red Oak and Chesnut Oak on the West Side of the said River and running thence North Twenty six Degrees West Three hundred and Twenty Poles to Three Pine Saplins in very Hilly Ground thence South Sixty four Degrees West Two hundred Poles to three white Oaks on the Top of a Mountain thence South Twenty six Degrees East Three hundred and twenty Poles to three White Oaks in a Hollow thence North Sixty four Degrees East Two hundred Poles to the Beginning Containing Four hundred Acres for which the said Benjamin Phipps obtained a Deed from the Proprietor of the Northern Neck bearing Date the Ninth Day of May One thousand seven hundred and fifty one and all Houses Buildings Orchards Ways Waters Water Courses Profits Commodities Hereditaments and Appurtenances whatsoever to the said Premises hereby Granted or any Part thereof belonging or in any wise appertaining of in and to the said Premises To have and to hold the said Tract of Land and all and singular other the Premises hereby Granted and Demised and every Part and Parcel thereof with their and every of their Appurtenances unto the said Samuel Pritchard his Executors and Administrators for and during and unto the full End and Term of one whole Year from hence next ensuing fully to be compleated and ended yielding and [page break] paying therefore the Rent of one Ear of Indian Corn to the said Benjamin Phipps on the last Day of the said Term if the same shall be lawfully demanded To the Intent and Purpose that by Virtue of these Presents and of the Statute for Transferring Uses into Possession he the said Samuel Pritchard may be in the more full and actual Possession of the Premises and thereby be the better enabled to accept and take a Grant and Release of the Reversion and Inheritance thereof to him and his Heirs In Witness whereof the Parties to these Presents have hereunto set their Hands and Seals the Day and year first above written

[signed:] Benjamen Phipps (LS)

Sealed & Delivered in presence of
Ja. Keith
Alexr. Wodrow
Luke Collins
George Nickson

At a Court continued and held for Hampshire County the 11th Day of February 1761 This Indenture of Lease from Benjamin Phipps to Samuel Pritchard was proved by the Oaths of James Keith and Luke Collins Two of the Witnesses to the same and Ordered to be Certified
Test Gabriel Jones Ct. Cur.
At a Court held for Hampshire County the 8th Day of September 1761 This Indenture of Lease from Benjamin Phipps to Benjamin Pritchard was further proved by the Oath of Alexander Wodrow another of the Witnesses to the same and Ordered to be Recorded
Test Gabriel Jones Ct. Cur.

[in margin:]

Phipps to
Pritchard
Release
Exd. & deld.
to Pritchard

[body of text:]

This Indenture Made this Sixteenth Day of December in the Year of our Lord One thousand seven hundred and Sixty Between Benjamin Phipps of the Province of North Carolina of the one Part and Samuel Pritchard of the County of Frederick and Colony of Virginia of the other Part Witnesseth That the said Benjamin Phipps for and in Consideration of the Sum of Sixty Pounds Current Money of Virginia to him in Hand paid by the said Samuel Pritchard at or before the Sealing and Delivery of these Presents the Receipt whereof he the said Benjamin doth hereby acknowledge and thereof and of every Part and Parcel thereof doth acquit discharge and exonerate him the said Samuel Pritchard [page break] his Heirs Executors Administrators and Assigns by these Presents Hath Granted Bargained Sold Aliened Released and Confirmed and by these Presents Doth Grant Bargain Sell Alien Release and Confirm unto the said Samuel Pritchard (in his actual Possession now being by Virtue of a Bargain & Sale to him thereof made for one Year by the said Benjamin Phipps by Indenture bearing Date the Day next before the Day of the Date of these Presents and by Force of the Statute for transferring uses into Possession) and to his Heirs and Assigns forever a certain Tract of Land situate lying and being upon the North River of Cape Capon in the County of Hampshire and bounded as follows to wit Beginning at a White Oak Red Oak and Chesnut Oak on the West Side of the said River and running thence North Twenty six Degrees West Three hundred and Twenty Poles to three Pine Saplins in very Hilly Ground thence South Sixty four Degrees West Two hundred Poles to three White Oaks on the top of a Mountain Thence South Twenty six Degrees East Three hundred and Twenty Poles to three white Oaks in a hollow thence North Sixty four Degrees East Two hundred Poles to the Beginning Containing Four hundred Acres for which the said Benjamin Phipps obtained a Deed from the Proprietor of the Northern Neck bearing Date the Ninth Day of May One thousand seven hundred and fifty one and all Houses Buildings Orchards Ways Waters Water=Courses Profits Commodities Hereditaments and Appurtenances whatsoever to the same belonging or in any wise appertaining and the Reversion and Reversions Remainder and Remainders Rents Issues and Profits thereof and of every Part and Parcel thereof with the Appurtenances And also all the Estate Right Title Interest Claim and Demand whatsoever of him the said Benjamin Phipps as well in Law as Equity of in and to all and singular the said Premises and of in and to every Part and Parcel thereof with the Appurtenances To have and to hold the said Lands Hereditaments and Premises before mentioned and every Part and Parcel thereof with the Appurtenances unto the said Samuel Pritchard his Heirs and assigns to the only proper use and Behoof of him the said Samuel Pritchard his Heirs and assigns for ever And the said Benjamin Phipps for himself his Heirs Executors Administrators and assigns doth Covenant and Grant to and with the said [page break] Samuel Pritchard his Heirs and assigns that he the said Benjamin Phipps now is the lawful and rightful Owner of the said Lands Hereditaments and Premises before mentioned and of every Part and Parcel thereof with the Appurtenances and also that he the said Benjamin Phipps now is lawfully and rightfully seized in his own Right of a good sure perfect absolute and indefeasible Estate of Inheritance in Fee Simple of and in all and singular the Premisses before mentioned with the appurtenances without any manner of Condition Mortgage Limitation of Use or Uses or other Matter Cause or Thing to alter change charge or determine the same And also that they the said Benjamin Phipps now hath good Right full Power and lawful Authority to Grant Bargain Sell and Convey the said Lands Hereditaments and Premises before mentioned with their and every of their Appurtenances unto the said Samuel Pritchard his Heirs and assigns To the only proper Use and Behoof of him the said Samuel Pritchard his Heirs and Assigns for ever according to the true Intent and Meaning of these Presents And further that he the said Samuel Pritchard his Heirs and Assigns shall and may from Time to Time and at Times for ever hereafter peaceably and quietly have hold occupy possess and enjoy all and singular the said Lands Hereditaments and Premises before mentioned and intended to be hereby Bargained and Sold with their and every of their Appurtenances without the Lett Trouble Hindrance Molestation or Interruption of him the said Benjamin Phipps his Heirs Executors Administrators or Assigns and of all and every other Person or Persons whatsoever and that freed and discharged or otherwise well and sufficiently kept harmless and indemnified of and from all former and other Gifts Grants Bargains Sales Leases Joyntures Mortgages Dowers Uses Wills Issues Amerci amen to [sic; as written] Seizures Bonds Annuities Writings Obligatory Recognizances Extents Judgments Executions Rents Arrearages of Rents and of and from all other Charges Estates Rights Titles Troubles and Incumbrances whatsoever had made committed done or suffered or to be had made committed done or suffered [page break] by the said Benjamin Phipps or any other Person or Persons whatsoever claiming or to claim from by or under him The Quit-rents and Land Taxes due and to become due only excepted And Lastly that the said Benjamin Phipps and his Heirs and all and every other Person or Persons any Thing having or claiming in the said Lands Hereditaments and Premises before mentioned and intended to be hereby Bargained and Sold or any Part or Parcel thereof with the Appurtenances by from or under him them or any of them shall and will from Time to Time and at all Times for ever hereafter at the reasonable Request and at the Cost and Charges in the Law of him the said Samuel Pritchard his Heirs or Assigns make do execute levy and suffer or cause or procure to be made done executed levied and suffered all and every such further and other lawful and reasonable Act and Acts Thing and Things Device and Devices Conveyances and Assurances in the Law whatsoever for the further and more perfect assuring suremaking and Conveying of all and singular the Lands Hereditaments and Premises beforementioned with the Appurtenances unto him the said Samuel Pritchard his Heirs and Assigns to the only proper Use and Behoof of him the said Samuel Pritchard his Heirs and Assigns according to the true Intent and Meaning of these Presents as by the said Samuel Pritchard his Heirs or Assigns or any of them his heir or any of their Council learned in the Law shall or may be reasonably advised devised or required In Witness whereof the Parties to these Presents have hereunto set their Hands and Seals the Day and Year first above written

[signed:] Benjamin [sic; as spelled] Phipps (L S)

Sealed and Delivered
in presence of
The words (and twenty) between the 15 & 16 Lines being first Interlined
Ja Keith
Alexr. Wodrow
Luke Collins
George Nickson [the above 3 names joined by a bracket pointing to George Nickson]

Received the within mentioned Sum of Sixty Pounds
[signed:] Benjamin Phipps
Witness
Ja. Keith
Alexr. Wodrow
Luke Collins

[page break]

At a Court continued and held for Hampshire County the 11th Day of February 1761 This Indenture of Release and the Receipt endorsed from Benjamin Phipps to Samuel Pritchard were proved by the Oaths of James Keith and Luke Collins two of the Witnesses to the same and Ordered to be Certified
Test Gabriel Jones Ct. Cur.
At a Court held for Hampshire County the 8th Day of September 1761 This Indenture of Release and the Receipt endorsed from Benjamin Phipps to Samuel Pritchard were further proved by the Oath of Alexander Wodrow another of the Witnesses to the same and Ordered to be Recorded
Test Gabriel Jones Ct. Cur.

For additional reading:

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Another Orange County, North Carolina Deed

The following is another Orange County, North Carolina deed to add to those posted in the last post. This one is a bit later, dated 1812, but involves a John Phipps of Orange County along with, again, the Forrest family. One of the witnesses was a Fielding Leathers, and according to unconfirmed secondary sources, his mother was a Forrest AKA Forrester.

The importance of these deeds can only be fully grasped by examining other earlier posts which connect the family in Brunswick County, Virginia with that in Wake County, North Carolina, and connections to other individuals, including the Reaves or Reeves family as well as Absalom Bennett.

Orange County, North Carolina Deed Book 14, p. 587 [image 569 of 657]:

John Phipps
To
Henry Forrest

This Indenture made the 20th day of January in the year of Our Lord one Thousand eight hundred & twelve Between John Phipps of the County of Orange & State of North Carolina of the One part and Henry Forrest of the County & State aforesaid of the other part Witnesseth that the said John Phipps for and in Consideration of the Sum of Five hundred Dollars to him in hand paid by the said Henry Forrest the receipt hereof is hereby acknowledged hath Bargained and Sold and by these presents doth bargain and Sell unto the sd. Henry Forrest a certain Tract or parcel of land lying in Orange County on the Waters of Elibes Creek Begining [sic; beginning] at a poplar in the North prong of the mink branch in Wake County line thence North [15d.?] east 215 pole to a white Oak then North 50 [A’?] West 19 pole to a pine then North 15 West 50 poles to a black Jack thence by a line of marked Trees to a pine on said Forrest corner in Turners line then South 200 to an Ash on [word missing?] thence up the various Courses of said Branch to the begining Containing 295 Acres by the same more or less and the said John Phipps doth for himself his heirs and Assigns Warrent [sic; warrant] and for ever defend the above granted land and premises unto the said Henry Forrest and to his heirs and Assigns for ever against the lawful claim or claims of all and every person or persons whatsoever In Witness whereof the said John Phipps hath hereunto set his hand and Seal the day and year first above Written –

John Phipps (Seal)

Signed Sealed and delivered
In presence of
John Clements
Fielding Leathers

orange County February Term 1814

The Execution of the within Deed was duly proved in Open Court by the Oath of Fielding Leathers a Subscribing Witness thereunto and Ordered to be Registered

Test
J. [H. Alford?] C. C.

See also these past posts:

From Amelia County, Virginia to Orange County, North Carolina

Various posts in this blog in the past, along with other sources, have alluded to an apparent link between the Phips or Phipps family or families of Grayson County, Virginia, Ashe County, North Carolina, and Guilford County, North Carolina, on the one hand, and Orange County, North Carolina, on the other. Orange County, North Carolina was created in 1752. In 1771, part of Orange County was combined with Rowan County to create Guilford County. At the same, time, another part was combined with other territory to create Wake County. In referring to the family of Benjamin Phipps of Grayson County, Virginia, the 1914 book on that county’s genealogy by Benjamin Floyd Nuckolls said that the Phipps family had come from Rowan County. John Mullins, in his 1980s Phipps family book, appeared to believe that the family came through Orange County before settling in Guilford and Ashe Counties in North Carolina and Grayson County in Virginia (adjacent to Ashe County, North Carolina).

We’ve also noted direct links from the Phipps family of Brunswick and Sussex Counties in Virginia into Wake County, North Carolina, from the Phipps family of Brunswick County, Virginia into Bute (later Warren) County, North Carolina, and from Amelia County, Virginia into Orange County, North Carolina. In the past, we noted that two or more individuals named John Fips or Phips or Phipps appear to connect Amelia County, Virginia with Orange County, North Carolina. Below are some recently found Orange County deed transcriptions which shed more light on the matter, and which clearly connect one or two of these individuals named John in Orange County, North Carolina with Wake County, North Carolina.

Some of these deeds involve an individual named Edward Harris. Perhaps it’s too much to assume that some sort of connection may exist to the earlier Phips/Harris relationship which began in 1624 in Jamestown, since more than a century had passed. A John Phips arrived back then with a Harris, both surveyors, and then according to secondary sources, a second generation John Phips also did surveying with another Harris. The appearance of the Harris name is striking, however, and surveyor connections appeared to persist in the family until well into the 18th century. Not only that, but Edward Harris is said to have been born in Amelia County, Virginia, although he later shows up in Orange County, North Carolina.

Other Orange County deeds involve Shadrach Forrest and his son Nathan. According to secondary sources, Shadrach Forrest was born in Orange County, Virginia, but later lived in Orange County, North Carolina. His mother was said to have been a Lavinia Gresham. A Gresham (Ambrose Gresham) was heir in 1793, along with George Reeves (called Reaves), father in law of Samuel Phips, to an Eppes (Epps) estate in Halifax County, Virginia. At the time of the inheritance, George Reaves was specifically identified as being of Wilkes County, North Carolina. His son in law Samuel Phips was also living in Wilkes County at the time.

Before Edward Harris deeded land in Orange County, North Carolina in 1797 to John Phips, he (or someone of the same name) deeded land in Amelia County, Virginia to Bartholomew Austin in 1747, as witnessed by John “Fips” and Robert Gresham. This Bartholomew Austin was presumably the one who, according to secondary sources, was born in 1768 in what became Grayson County, Virginia, with his mother supposedly having been a Reeves. Bartholomew Austin may have been the same person of that name who proved an Ashe County, North Carolina deed dated 17– (unknown year), which was not recorded until 1825.

Some of the records for Orange County, North Carolina as transcribed below refer to “Ellebee” Creek. This evidently was what is now known as Ellerbe Creek. Ellerbe Creek has been discussed elsewhere in connection with the Reeves family, since a William Reeves was in the area as early as 1746.

Some of the deeds below have been referred to in past posts, but only in reference to abstracts. After looking at digitized copies of microfilm of the original records in Family Search (image numbers appear below), it becomes clear that the John Phips who is referred to in these deeds was “of” Wake County, North Carolina, although he was involved in Orange County, North Carolina land purchases. (We’ve noted the unusually high frequency of the “of” designation in various other deeds, which associate Phips or Fips or Phipps individuals with land purchases in one location while being “of” another.) Please use the links below to refer to some of the other various records which involve Amelia County, Virginia, Wake County, North Carolina, and Orange County, North Carolina.

The deeds transcribed below are as follows:

  • 11 May 1797: Edward Harris of Orange County to John Phips of Wake County
  • 11 May 1797: Edward Harris of Orange County to John Phips of Wake County (again)
  • 23 December 1800: Shadrack Forrest of Orange County, planter, to John Phipps of Wake County, “Machanic” (or “Mackanic”)
  • 14 February 1804: Nathan Forrest of Orange County, planter, to John Phipps of Orange County, planter

An obvious question would be whether all four of these records refer to the same John Phips or Phipps. The designation of John as a “machanic” or “mackanic,” presumably mechanic, seems a bit odd, but perhaps was intended to balance the reference to the Forrests as planters, a common designation in deeds of the period. Was John Phips who dealt with Edward Harris in 1797 the same person as John Phipps who dealt with the Forrests in 1800 and 1804? Did John Phipps transition from being a Wake County mechanic in 1800 to an Orange County planter in 1804?

We’ve noted the John Phipps who was born in Charles City County, Virginia in 1753, who served in the Revolutionary War, who later lived in Amelia County, Virginia, and who later lived in Orange County, North Carolina. In addition, a John Phipps was a chain carrier in Orange County in 1762, the same year in which a John Phipps received a land grant in the same county.

Then around 1768, an undated Regulator petition was signed in Orange County by a John Phipps, along with a Joseph Phipps and a James Phipps. These were likely the same John, Joseph, and James who appeared about six years later, in 1774, in records of an estate sale in Guilford County, North Carolina. In the interim, Guilford County had been formed from Rowan and Orange Counties. Again, refer to the past post links below for more connections. The family’s great love of J-names (John, James, etc.) makes it, evidently, impossible to sort out the various Johns without more research data.

An Elias Turner appears below as a deed witness when Edward Harris sold land in Orange County, North Carolina to John Phips. Elias Turner was also bondsman when Dudley Phipps married Polly Edwards in 1804 in Orange County.

Orange County, North Carolina Deed Book 6

[p. 435 (image 623 of 644):]

Edward Harris to John Phips

This Indenture made this Eleventh day of May in the year of our Lord one thousand Seven hundred and Ninety Seven Between Edward Harris of Orange County of the one part and John Phips of the County of Wake of the other part Witnesseth that the said Edward Harris for and in Consideration of the sum of fifty pounds Currency hath bargained and sold and by these presents doth bargain and Sell unto the said John Phips a Certain part of parcel of Land lying in Orange County on the Waters of Ellebees Creek Containing by Estimation one hundred acres of land be the same more or less and bounded as followeth vizt. –

[p. 436 (image 624 of 644):]

Begining [sic; Beginning] at a pine in the dutch Mans Branch runing [sic; running] thence South 75. degrees East one hundred and fifty six poles to a Stake in the County line thence North 15. degrees East one hundred and Six poles to a white oak thence North 50. degrees West Nineteen poles to a pine thence North 15. degrees west 50. poles to a black jack thence by a line of Marked trees to the Begining [sic; beginning] and the said Edward Harris doth for him self his Heirs and assigns Warrant and for ever defend the above granted Land and premises unto the said John Phips and his Heirs and assigns Warrant and for ever defend the above granted land and premises unto the said John Phips And his Heirs and assigns for ever against the lawful claim or Claims of all and every person or persons Whatsoever In witness Where of the said Edward Harris hath here unto set his hand and seal the day and year first above Written.

Edward Harris (seal)

Signed Sealed and Delivered
In the presence of
Elias Turner (Jurat)
Charles Kennon

Orange County February Term 1798
The Execution of the Within Deed was duly proved in open Court by the oath of Elias Turner a Subscribing Witness there to and Ordered to be Registered.

Teste
Morgan [Hart?] C C

Orange County, North Carolina Deed Book 7

[p. 8 (image 11 of 402):]

Edward Harris to John Phips,

This Indenture Made this Eleventh day of May in the year of Our Lord one thousand seven hundred and ninety seven Between Edward Harris of the County of Orange of the one part and John Phips of the County of Wake of the other part Witnesseth that the said Harris for and in Consideration of the sum of Eighty three dollars to him

[p. 9 (image 11 of 402):]

in hand paid by the said John Phips the receipt whereof he doth here by acknowledge hath bargained & sold and by these presents bargain and sell unto the said Phips a certain tract or parcel of Land lying in the County of Orange Containing by estimation Eighty three Acres and a half be the same More or less on the waters of Ellebees creek Begining [sic; beginning] at a pine in the County line on the side of a Branch thence North 75. degrees west one hundred and eighty eight poles to a Hicory [sic; hickory] thence south 15. degrees West seventy seven poles to two black Jacks thence south 75. degrees East one hundred and eighty poles to a Hicory in the aforesaid County line thence a long [sic; along] the same North 15. degrees East seventy seven poles to the Begining And the said Edward Harris doth for himself his Heirs and assigns Warrant and for ever defend the above Granted Land and premises unto the said John Phips and to his Heirs & assigns for ever Against the lawfull [sic; lawful] claim or claims of all and every person or persons whatsoever In Witness where of the said Harris hath hereunto set his hand and seal the day and year first above Written.

Edward Harris (seal)

Signed sealed and Delivered
In the presence of –
Elias Turner (Jurat)
Chs. Kennon

Orange County February Term 1798.
The Execution of the within Deed was duly proved in open Court by the oath of Elias Turner a Subscribing Witness there to and ordered to be Registered.

Test
Morgan Hart C C

Elias Turner

Orange County, North Carolina Deed Book 9

[p. 191 (image 101 of 391):]

Shadrack Forrest to John Phipps

This Indenture made this twenty third of December Anno Domini one thousand Eight Hundred between Shadrick [sic; as spelled] Forrest of the County of Orange and State of North Carolina planter of the one part and John Phipps of the County of wake [sic; Wake] and State aforesaid Machanic [or Mackanic?] of the other part Witnesseth That that [sic; word repeated] said Shadrack Forrest for and in Consideration of the sum of twelve pounds Currency to him [“in” missing] hand paid before the Sealing and Delivering of these presents the receipt hereof he doth Acknoledge [sic; acknowledge] himself satisfied Hath Given Granted Bargained and Sold Alien’d & Confirmed unto the said John Phipps his heirs and assigns forever a Terretory [sic; territory] or parcel of Land Comprehended in the County of Orange Situate Lying and being on each side of the Dutch mans branch of Elebeys Creek Bounded as follows Begining [sic; beginning] at a Corner white Oak formerly a Hickory on Said Phipps’s line thence nearly North twelve poles to a new Corner red Oak on Phipps’s other line thence East thirty four poles to a white Oak in said line thence

[p. 192 (same image):]

with said line South Eigteen [sic; eighteen] poles to a Corner Hickory thence with said line East one Hundred and fifty poles to a stake in the County line thence with said line South fifteen Degrees west thirty two poles to a pine on Phipps’s other Corner on the said Branch thence with said line North Seventy five Degrees west one Hundred and Eighty poles to the first station Containing in the whole Ninteen [sic; nineteen] Acres be the same more or less It being Lands granted To Sundry persons from the State aforesaid and conveyed Down to the said Shadrack Forrest recourse being had to the Original Grants and Deeds will more fully appear With all and singular the rights Hereditaments and appertanances [sic; appurtenances] there unto belonging or in any wise appertaining To have and to hold the said bargained premises to the only proper use and benefit of him the said John Phipps his heirs and Assigns forever and the said Shadrach [sic; as spelled] Forrest his heirs Executors And administrators Doth Covenant and agree the said John Phipps heirs heirs Executors administrators and Assigns may forever hereafter have hold use Occupy posses [sic; possess] and enjoy the said tract of Land without let or hindrance whatsoever and that they are clear from all incumbrances [sic; encumbrances] and that he will Warrant and forever defend the same against the claim of all persons Whatsoever In Witness whereof he hath hereunto set his hand afixed [sic; affixed] his seal the day and date or year first Above written

Shadrack Forrest (Seal)

Sign’d Seal’d & delivered in the presence of
Test
Nathan Forrest
Silas Forrest
Henry Forrest
ex’d by ABB

[in margin: “deliv’d Jno. Phipps”]

Orange County February Term 1801
The Execution of the within Deed was duly proven in Open Court by the Oath of Henry Forrest a Subscribing Witness thereto and Ordered to be registered

Orange County, North Carolina Deed Book 11

[p. 198 (image 97 of 384):]

Nathan Forrest to John Phipps

This Indenture made this fourteenth day of February Anno Domini One thousand Eighteen hundred and four between Nathan Forrest of the County of Orange and State of North Carolina planter of the one part and John Phipps of the county and State aforesaid planter of the other part Witnesseth that the said Nathan Forrest for and in Consideration of the Sum of three hundred Silver dollars to him paid before the Sealing and delivering [“of” missing] these presents the recipt [sic; receipt] hereof he doth acknowledge himself satisfied hath given granted bargained sold aliened and confirmed and by these presents doth absolutely give grant bargain sell alien and confirm unto the said John Phipps his heirs and assigns forever a territory or parcel of land comprehended in different tracts situated lying and being in the County and State aforesaid on the Wolf branch of Ellebees Creek bounded as follows begining [sic; beginning] at a large Hiccory [sic; hickory] in Wake County line running thence with said line South fifteen west One hundred and Sixty poles to a red Oak and pine formerly a Hiccory [sic; hickory] a corner of Shadrack [or Shadrach?] Forrests thence with his line

[p. 199 (image 98 of 384):]

with his line North Seventy five west One hundred & Eighty poles to a post Oak Shadrack Forrests other corner thence with aline [sic; a line] north two hundred & Seventy two p;oles to a pine Elias Turners corner thence South thirty eight East Sixty poles to a pine on a branch said Turners other corner thence Six poles to a new corner, on a red Oak thence South twelve poles to a white Oak thence South fifteen west Sixty six poles to two black Jacks thence South Seventy five East one hundred and Eighty poles to the first Station. Containing in the whole Two hundred and nineteen Acres. It being Land Granted to Sundry persons from the State aforesaid and conveyed down to the said John Phipps recourse being had to the Original Grants and Deeds will more fully appear with all and singular the rights hereditaments and appurtenances thereunto belonging or in anywise appertaining to have and to hold the said bargained premises to the only proper use and benefit of him the said John Phipps his heirs and assigns forever, and the said Nathan Forrest his heirs Exrs. [sic; executors] and administrators doth Covenant and agree that the said John Phipps his heirs Executors administrators or assigns may forever hereafter have hold use occupy possess and enjoy the said tract of land without any [Let?] or hindrance whatever and that they are clear from all incumbrances [sic; encumbrances] and that he will warrant and forever defend the same against the claim of all persons whatsoever In witness whereof he hath hereunto set his hand and affixed his Seal the day and year first above written. –

Nathan Forrest (L S)

[in margin: “delivered John Phipps”]

Signed Sealed & delivered
in presence of us
Shadrach Forrest
H. Forrest

Orange County May Term 180[4?]
The Execution of the within Deed was duly proved in open court by the Oath of Shadrach Forrest asubscribing [sic; a subscribing] witness thereto & Ordered to be registered

Selected sources:

Ashe County, North Carolina Deeds, 1812-1837

The following deeds were found in Ashe County, North Carolina Record of Deeds Volume M, which covers the period 1812 to 1843. This is evidently not the only Ashe County deed volume which has been labeled Volume M. Images of these deeds can be found in Family Search, using the Search > Catalog > Ashe option. They appear in the last part of the file labeled “Record of deeds, v. M (old) 1839-1843 Record of deeds, v. M 1812-1834.” The image numbers are noted below, so that you can easily check the handwritten records yourself, if you have a free Family Search account.

Ashe County Record of Deeds Vol. M 1812-1843, p. 11 [image 410 of 764]:

The following deed, dated 27 February 1812, concerns John Phips, presumably the one who was a son of Samuel Phips. John bought 200 acres on the waters of Elk Creek, a branch of New River. John Phips is mentioned in the 1837 will of Samuel Phips as Samuel’s oldest son. Secondary sources claim that Thomas Landreth, who sold this land to John Phips, was born about 1780 and married Martha Burton. The second wife of George Reeves, father in law of Samuel Phips, is supposed to have been a Burton. Other posts in the past have noted numerous other Burton connections, such as the binding of the orphans Joseph and Benjamin “ffipps” to Josiah Burton in 1742 in Goochland County, Virginia. This Josiah Burton, according to secondary sources, appears to have been closely related to the Burtons who were associated with George Reeves. The Landreths appear to have been associated with the Phipps or Phips family in North Carolina and Indiana, and John Andrew Phipps, who was born about 1848-1849 in Virginia and who later lived in Alleghany County (formerly Ashe), North Carolina, married Martha Jane Landreth.

Thomas Landreth deed to John Phips 200 acres
This Indenture made this twenty Seventh day of Feby eighteen hundred and twelve by and between Thomas Landreth & John Phips both of Ashe County and State of North Carolina witnesseth, that he the sd. [i.e. said] Thomas for and in consideration of one hundred and fifty Dollars current money of Sd. State to him in hand, paid, the receipt is hereby acknowledged and himself fully Satisfied and paid, hath bargained & Sold, and by these presents doth bargain & Sell, convey & confirm unto the Sd. John a tract of land containing two hundred acres of land be the Same more or less Situated on the waters of Elk Creek a Branch of New River Beginning at a bunch of Lynns near the head of a brach [sic; branch] of Elk Creek, running North forty five west two hundred and fifty two poles to a red oak, then South forty five west one hundred and twenty Six poles to a stake, then South forty five east two hundred and fifty two poles to a stake, then to the first Station, together with every right, title, priviledge [sic; privilege] and emolument to the said land belonging or in any wise appertaining, and he the sd. Thomas Landreth doth bind himself his heirs, executors administrators well and truly to warrant and forever defend the aforesaid premises with all the appurtenances to him the Sd. John Phips his heirs and assigns free and clear from all incumberances [sic; encumbrances] and claims whatsoever. In witness whereof the Sd. Thomas Landreth hath hereunto Set his hand and affixed his Seal the day and date above written

Thomas his X mark Landreth (Seal)

Signed, sealed, and delivered in the presents of us
Samuel Cox Jurat
B. Aslin

N. Carolina
Ashe County
August Term 1812 The within deed was duly proven in open Court by Saml. Cox in order to be registered
Test David Earnest, C.C.C.

Ashe County Record of Deeds Vol. M 1812-1843, p. 233 [image 524 of 764]:

In the following North Carolina state grant, the recipient is referred to throughout as David “Pheps.” He received 100 acres on 30 November 1835 which he had entered 19 May 1835. The land description is hardly very descriptive. This David was likely to have been one of the grandsons of Samuel Phips, although which one is not entirely clear. Bracketed together at the end of the document are the names James Maxwell and Hardin “Pheps,” with the notation “C.C.” This presumably refers to chain carriers for the survey which formed part of the grant process.

The Maxwells appear to have been associated with the Phipps or Phips family in North Carolina and Indiana. This Hardin “Pheps” could have been the Hardin Phipps who was born about 1817 in North Carolina and who was living in Ashe County in the 1850 census.

James, David, William, John, and “Lucey” Maxwell were among those who were involved in a lawsuit over an “affray” which took place in 1816 in Ashe County. The gist of the matter was that John Landreth had allegedly been beaten and “abused” by a whole group of members of the Phips family and interrelated families, specifically by John Reeves, Jr. and Sr., George Reeves, Ann Reeves (wife of William Reeves), Alexander Cox, and Andrew Cox, along with George Phips and Joseph Phips, “without any lawfull provocation.” Among those summoned were David, William, James, John, and Lucey (Lucy) Maxwell, along with various relatives and associates of the Phips or Phipps family. These had surnames immediately recognizable to area Phipps or Phips family researchers, and were named Burton, Toliver, Edwards, White, Fender, Scott, and Gentry, in addition to “jearymiah spurlen.” This was not the only Ashe County summons involving Jeremiah Spurlin. Samuel Phips’s son Jesse Phips married a Spurlin as his first wife.

State grant to David Pheps [as written] 100 acres.

State of North Carolina No 1993
Know ye, that we, for and in consideration of the Sum of Five Dollars for every hundred acres hereby granted, paid into our Treasury by David Pheps have given and granted, and by these presents do give and grant unto the Sd. David Pheps a tract of land Containing 100 acres lying and being in the County of Ashe Beginning at a white oak, running east 110 poles to a stake, South 5 west 140 poles to a stake, then west 128 poles to a stake, then to the first Station,
Entered the 19th of May 1835.
As by the plat hereunto annexed doth appear, Together with all woods, waters, mines, minerals, hereditaments & Appurtenances, thereunto belonging, or appertaining, to hold to the Sd. David Pheps his heirs and assigns forever, yielding and paying to us Such Sums of money yearly or otherwise as our General Assembly from time to time may direct, provided always that the Sd. Grantee Shall cause this grant to be registered in the Registers office of our Said County of Ashe within twelve months from the date hereof otherwise the Same shall be void, In testimony whereof we have Caused these our letters to be made patent, and our Great seal to be hereunto affixed, Witness David L. Swain Esqr. our Governor, Captain General, and Commander in Chief at Raleigh the 30th day of November in the 60th year of our Independence AD. 1835

By Command
Wm. Hill Secretary

D. L. Swain
R. Mast [or Mart?] C.S.

James Maxwell [bracketed with the next line with “C.C.,” presumably for chain carriers]
Hardin Pheps [bracketed with the previous line with “C.C.”] By James Maxwell D. S.

Nov 30th 1836
J. Stamper C. R. [i.e. County Register or Registrar?]

Ashe County Record of Deeds Vol. M 1812-1843, p. 252 [image 541 of 764]:

Benjamin Phips received a North Carolina grant of 71 acres in Ashe County on 30 November 1836. He had entered this land on 1 July 1835. This Benjamin was presumably the one who was a son of Samuel Phips. The identity of Quiller Greer, as an adjacent land owner, could not be determined using readily available sources. The presence of later Greers with a “Q” middle initial, including a much later Greenberry Quiller Greer supposedly born in Missouri, may suggest that even in 1836, “Quiller” may have been a middle name. The John Baker who is mentioned may have been the one who, according to unconfirmed secondary sources, was born about 1774 in what became Ashe County and who is said to have had his head chopped off by two of his slaves in 1843 in Kentucky. The grant is for 71 acres and is dated 30 November 1836. Chain carriers were John and Robert Hash. The Phips or Phipps family in this area had a close relationship with the Hash family, as noted in the Eastern Cherokee Applications submitted by various area Phipps family members much later.

State grant to Benjamin Phipps 71 acres.
State of North Carolina No 2132.
Know ye, that we, for and in consideration of the sum of five Dollars for every hundred acres hereby granted, paid into our Treasury by Benjamin Phips hath given and granted and by these presents do give and grant unto the Sd. [i.e. said] Benjamin Phips a tract of land Containing 71 acres lying and being in the County of Ashe on the waters of Grassy Creek Joining to Quiller Greers land Beginning at a white oak near Quiller Greers North east corner, running North 32 poles to a forked Hickory in the state line, then east 84 poles to a stake in John Bakers line, then South 94 poles to a large white oak on the top of a Ridge, then west 12 poles to a white oak Wm. Phipses corner then North 60 poles to Co [sic], then to first Station,
Entered the 1st of July 1835.
As by the plat hereunto annexed doth appear, Together with all woods, waters, mines, minerals, hereditaments, and appurtenances thereunto belonging or appertaining to hold to the Sd. Benjamin Phips his heirs and assigns forever, yielding and paying to us such sums of money year or otherwise as our general Assembly from time to time may direct, provided always that the Sd. grantee shall cause this grant to be registered in the Registers office of our Sd. County of Ashe within twelve months from the date hereof, otherwise the same shall be void. In testimony whereof we have caused these our letters to be made patent, and our Great seal to be hereunto affixed. Witness Richard D. Spaight Esqr. our Governor, Captain, General and Commander in Chief at Raleigh the 30th day of November in the 60th year of our Independence A.D 1836

By Command
Wm. Hill secretary

Richard D. Spaight

Leonard Ballo[w?], DS for
Meredith Ballo[w?] C.S.

John Hash [bracketed with the next line with “C.C.,” presumably for chain carriers]
Robert Hash [bracketed with the previous line with “C.C.”]

August the 10th 1837
J. Stamper C. R.

Ashe County Record of Deeds Vol. M 1812-1843, p. 253 [image 542 of 764]:

This is another state grant to Benjamin Phips, also dated 30 November 1836, entered 1 July 1835. This one is for 18 acres, which seems very small for a state grant. The two grants together gave him 89 acres, which still isn’t a large amount of acreage. This one refers to a Hash as an adjoining property owner. The Hash family had a close relationship with the Phips family in this county. Various later Phipps Eastern Cherokee Applications filed in or near Ashe County refer to ancestry involving the Hashes. This grant again refers to land belonging to Quiller Greer.

State grant to Benjamin Phips 18 acres
State of North Carolina No 2129.
Know ye, that we, for and in consideration of the Sum of five Dollars for every hundred acres hereby granted, paid into our Treasury by Benj Phips hath, given and granted, and by these presents do give and grant unto the sd. Benj Phips a tract of land containing 18 acres lying and being in the County of Ashe on the waters of Grassy Creek Joining Quiller Greers land on the South side of Sd. Creek Beginning at a white oak in sd. Greers line running South 65 west 41 poles to a Dogwood Hashes corner then South with Hashes line 62 poles to a yong [sic] Poplar Hashes, then east with Hashes line 40 poles to a Stake, then to the first station,
Entered the 1st of July 1835.
As by the plat hereunto annexed doth appear, Together with all woods, waters, mines, minerals, hereditaments & appurtenances thereunto belonging, or appertaining, to hold to the Sd. Benjamin Phips his heirs And assigns forever, yielding and paying to us such sums of money yearly or otherwise as our General Assembly from time to time may direct, provided always that the Sd. Grantee shall cause this grant to be registered in the Registers office of our Said County of Ashe within twelve months from the date hereof, otherwise the same shall be void, In testimony whereof we have caused these our letters to be made patent, and our Great seal to be hereunto affixed Witness Richard D. Spaight Esqr. our Governor, Captain General and Commander in Chief at Raleigh the 30th day of nov. in the 61st year of our Independence A.D 1836.

By Command
Wm. Hill secretary

Richard D. Spaight

Leonard Ballo[w?] DS for,
Meredith Ballo[w?] C.S.

Robert Hash [bracketed with the next line with “C.C.,” presumably for chain carriers]
John Hash [bracketed with the previous line with “C.C.”]

August 30th 1837
J. Stamper C. R.

Ashe County Record of Deeds Vol. M 1812-1843, p. 258 [image 544 of 764]:

In a deed dated 1 November 1832, transcribed below, Samuel Phips and Jesse Phips, who were both of Ashe County, North Carolina, sold 131 acres in Ashe County to Benjamin Long, of adjacent Grayson County, Virginia. This was on the waters of Rock Creek, and the Horse Ford Branch. Earlier, in 1801, Jesse had received a state grant in Ashe County for 50 acres on the south side of New River and “running down the hors Ford branch.” He had entered that land in 1800.

Various connections between the Phips or Phipps family and the Long family can be noted. Jesse’s son John Meshack Phips or Phipps married a Mary (“Polly”) Long who appears to have been a niece of Benjamin Long. Mary’s brother Hiram Long was later involved in the Midwestern outlaw gang with John Meshack (“Shack”) Phips, along with other Long family members. Jesse Phips’ brother Mathew married a Toliver (Mathursa Toliver) whose mother was a Long (Anna Long). Note that the land in this deed was adjacent to William Phips’s “old line.”

Samuel Phips & Jesse Phips deed to Benjamin Long 131 acres
This Indenture made this 1st day of November AD. 1832 by and between Samuel Phips & Jesse Phips both of the County of Ashe and State of N.C. of the one part, & Benjamin Long in the County of Grayson & State of V. A. [sic; Virginia] on the other part witnesseth, that the sd. [i.e. said] Samuel Phips & Jesse Phips for & in consideration of the sum of $400. to them in hand paid by the Sd. Benjamin Long, the receipt whereof they the sd. Samuel Phips & Jesse Phips acknowledge themselves therewith fully Satisfied and paid, hath granted, bargained & sold and do these presents absolutely grant, bargain, sell, convey & confirm unto him the Sd. Benjamin Long his heirs and assigns forever a certain tract or parcel of land Containing 131 acres be the same more or less, lying and being in the County of aforesaid on the waters of Rock Creek, and the Horse ford Branch bounded as follows, Beginning at a large Chestnut near a little branch running South 85 west 28 poles to a large white oak, South 60 west 40 poles to a Black Gum, South 40 poles to a large white oak the corner of William Phips field, North 85 west 28 poles to a black oak in the head of a Hollow, South 10 east 9 poles to a white oak Wm. Phipses old line, then west 44 poles with sd. line to a forked white oak, then North 50 poles to a Black oak, then North 45 east 4 poles to a Spanish oak, then North 126 poles to a white oak bush at a fence, then North 65 east with sd. fence to a spring, then east 62 poles to a Birch on a Branch, then South 80 poles to a stake in a field, then east 28 poles to a Locust, then South 26 east 24 poles to a white oak, then to first Station,
Together with every right, title, priviledge [sic; privilege] & emolument to the sd. land belonging or in any wise appertaining, & they the sd. Samuel Phips & Jesse Phips do bind themselves their heirs & every of them well & truly to ever defend the aforesaid premises, with all the appurtenances to him the sd. Benj Long his heirs and assigns forever, free and clear of all Just claims or incumberances [sic; encumbrances], In witness whereof we have hereunto set our hands & seals, Signed sealed and delivered in presents of us.

Samuel Phips [“Seal” next to this and the next line]
Jesse Phips [“Seal” next to this and the previous line

James Maxwell
Saml. Scott

State of North Carolina
Ashe Country
May Term 1837. The within deed was duly proven in open Court & ordered to be registered.
Test Jno. Ray C.C.C.

July the 2nd 1837
J. Stamper C. R.

Ashe County Record of Deeds Vol. M 1812-1843, p. 273 [image 555 of 764]:

Another deed was entered into between Samuel Phips and Benjamin Long on 27 September 1833. The 1 November 1832 deed (the last one, above), referred to Benjamin Long as being of Grayson County, Virginia, but as buying land in adjacent Ashe County, North Carolina. Now, in this deed, he is referred to as being of Ashe County. Benjamin bought 7 1/2 acres on “the crosshead branch” of Rock Creek. This deed was signed by Samuel “Pheps” and was witnessed by a “Jas. Pheps,” as written. Of course, this was copied by a clerk who may have misread “Phips.” Could the given name written as “Jas.” have been miscopied as well? “Jos.,” for Joseph, would make more sense than “Jas.” for James, as he could then be more readily identified as probably Samuel’s son Joseph.

Samuel Phips deed to Benjamin Long 7 1/2 acres.
This Indenture made this 27th day of September AD. 1833 between Saml. Phips & Benjamin Long both of Ashe County & State of N.C. witnesseth, that the sd. Samuel Phips for and in consideration of the sum of $18,75 cts to him in hand paid by the sd. Benjamin Long the receipt whereof the said Samuel Phips doth acknowledge himself therewith fully Satisfied & paid, hath granted, bargained, & Sold, and by these presents doth absolutely Sell, convey and confirm unto him the sd. Benj Long a certain tract of land containing Seven acres & a half be the Same more or less, lying in the County aforesaid on the crosshead branch of Rock Creek Beginning at a white oak in the fork of sd. branch running North 40 poles to a white oak Sapling in Perries line, then west 30 poles to a Stake in & [sic; “and” intended?] old field then South 44 pole to a white oak on the bank of said Branch, then down said branch to first Station,
Together with every right, title, priviledge [sic; privilege] or in anywise appertaining, and he the sd. Samuel Phips doth bind himself his heirs And assigns well and truly to warrant & defend the aforesaid premises with all their appurtenances to him the sd. Benjamin Long & his heirs forever, free and clear from all Just claims or incumberances [sic; encumbrances] whatsoever, In witness whereof I have hereunto set my hand & seal
Signed, sealed and delivered in the presents [sic; presence] of us.

Jas. Maxwell
Jas. his X mark Pheps [sic; as written]

Samuel Pheps [sic; as written] (Seal.)

North Carolina
Ashe County
May Term 1837 The within deed was duly proven in open Court and ordered to be registered.
Test Jno. Ray C.C.C.

July the 2nd 1837.
N. Stamper C. R.

Ashe County Record of Deeds Vol. M 1812-1843, p. 312 [image 575 of 764]:

George Phipps was awarded a state grant on 9 December 1835 for 50 acres entered on 22 March 1831. This was near New River and adjacent to land owned by “Whittiker.” This George was likely Samuel Phips’s son of that name. Two men named White are listed at the end of the document. The placement of their names suggest that they were probably chain carriers for the survey of this land. George’s brother Joseph married Patsy, who appears to have been a White.

State grant to George Phipps 50 acres.
State of North Carolina No 2056.
Know ye, that we, for [“and” missing] in consideration of the sum of Ten Dollars for every hundred acres hereby granted paid into our Treasury by Geo. Phipps have given and granted, and by these presents do give and grant unto the sd. Geo. Phipps a Tract of land Containing fifty acres lying & being in the County of Ashe Beginning at a Small Red oak in Whittikers line, running North forty five east with sd. line one hundred and ten poles to a stake near New River, then South eighty five west one hundred & fifteen poles to a white oak, then South with his own line sixty poles to a Small white oak, then to the first station,
Entered the 22nd of March 1831.
As by the plat hereunto annexed doth appear, otherwise with all woods, waters, mines, minerals, hereditaments & Appurtenances to the Sd. land belonging or appertaining to hold to the Sd. Geo. Phipps his heirs and assigns forever, yielding and paying to us such sums of money yearly or otherwise as our General Assembly from time to time may direct, provided always that the sd. Grantee shall Cause this grant to be registered in the Registers office of our sd. County of Ashe within twelve months from the date hereof, otherwise the same shall be void. In testimony whereof we have caused these our letters to be made patent, and our Great seal to be hereunto affixed, Witness David L. Swain Esqr. our Governor Captain General & Commander in Chief at Raleigh, the 9th day of December in the 60th year of our Independence, and in the year of our Lord one thousand eight hundred and thirty five.

By Command
Wm. Hill secretary

David L. Swain

John White [bracketed with the next line]
Alfred White [bracketed with the previous line]
James Maxwell D.S.
R. Mass C.S.

Ashe County Record of Deeds Vol. M 1812-1843, p. 331 [image 586 of 764]:

Samuel Phipps deeded 140 acres on 19 July 1834 to William Phipps, presumably the William who was his son. The land, consisting of 140 acres sold for $1 an acre, was on the waters of Rock Creek.

Samuel Phips deed to William Phips 140 acres.
This Indenture made the 19th day of July A.D. 1834, between Samuel Phipps & William Phipps both of the County of Ashe & State of N.C. Witnesseth, that he the Sd. [i.e. said] Samuel Phipps for and in consideration of the Sum of $140 to him in hand paid by the sd. William Phipps the receipt whereof the said Samuel Phipps doth acknowledge therewith fully Satisfied and paid, hath granted and sold and by these presents doth absolutely grant, bargain, Sell, Convey and confirm unto him the sd. William Phipps a certain tract of land Containing 140 acres be the same more or less in the County aforesaid on the waters of Rock Creek. Beginning at a white oak, east ten poles to a forked white oak, then North 80 poles to a large white oak at the head of a drean, then down Sd. drean 70 poles to the mouth, the up the middle of a Hollow 60 poles to a Gum on the top of a ridge, then with the top of sd. Ridge 100 to a Poplar, then South 54 poles to a Dogwood, then west 100 pole to a Maple, then North 30 pole to a bunch of May Cherry, then west 177 pole to a Spanish Oak, then to the first Station, Together with every right, title priviledge [sic; privilege] and emolument to the sd. land belonging, or in any wise appertaining, & he the sd. Samuel Phipps doth bind himself his heirs & assigns well and truly to warrant & forever defend the aforesaid premises with all their appurtenances to him the sd. Wm. Phips & his heirs forever free and clear of all Just claims & incumberances [sic; incumbrances] whatsoever In witness whereof I have set my hand and seal,
Signed, sealed and delivered in the presents of
A.B. McMillan
Jas. Maxwell Jurat.

Samuel Phipps

North Carolina
Ashe County
August Term 1837
The within deed was duly proven in open Court and ordered to be registered
Test Jno. Ray C.C.C.

August the 28th 1837.

Ashe County Record of Deeds Vol. M 1812-1843, p. 366 [image 603 of 764]:

The following bill of sale, dated 2 November 1833, refers to “one Negro Boy” named Thomas given by Samuel Phips to his son John Phips and John’s wife Jemima. John is specifically referred to in the document as Samuel’s son. The bill of sale is not entirely clear; it would seem as though the passage which reads “I the sd. [said] John dispossed [disposed] of the Sd. Negro boy” should surely read “if” instead of “I.” In addition, the wording begins with Samuel writing in the first person (“I Samuel Phips”), but then suddenly shifts to John as the writer (“I the sd. John Phips”). Likely, this was the result of another clerk error. It would seem probable that the original read “further that if the sd. John” rather than “further that I the sd. John.” That would seem to make far more sense. In that case, the document was simply stipulating what would happen if John would get rid of the slave. Otherwise, it would make little sense for Samuel Phips to record that he had given John a slave who John then “disposed” of.

Samuel Phipps Bill of Sale to John Phipps
Know all men by these presents that I Samuel Phips of the County of Ashe & State of N. Carolina have this day for & in consideration of the love & affection I have for my worthy Son John Phips of sd. [i.e. said] County and State given, bargained & conveyed unto the sd. John Phips one Negro Boy ten years old named Thomas to have & to hold against myself my heirs, Executors, Administrators or assigns forever, and further that I the sd. John Phips dispossed [sic; disposed] of the Sd. Negro boy (Thomas) then the title is hereby constituted by me to the said Negro boy to his wife Jemima Phips and her children that are living at his [“death” is crossed out] the sd. John Phips at death and if the sd. John Phips sells or conveys the title to the said Negro boy then the amount he receives in property real estate or Cash for & in consideration of the conveyance of Sd. Negro boy the same is hereby declared to be the property of myself & if hereby conveyed and confirm the title to all such property, real estate or cash received for & in consideration of sd. (sale or Conveyance to his wife Jemima Phips and her children that are living at his death to have and to hold during their Natural life & to Sue for & recover in my name forever for their benefit, and all persons claiming under myself or the sd. John Phips, given under my hand and seal, this the 2nd day of November 1833)

Samuel Phips

North Carolina
Ashe County
Nov Term 1837 The within Bill of Sale was duly acknowledged in open Court & ordered to be registered
Test Jno. Ray C.C.C.

Feby the 5th 1838
J. B. Stamper C. Regst.

Ashe County Record of Deeds Vol. M 1812-1843, p. 532 [image 693 of 764]:

Samuel and William Phips sold additional land to a Long, in this case Samuel Long, on 10 October 1837. This Samuel Long was in Grayson County. The land was 190 acres in Ashe County on the waters of Rock Creek adjacent to an Osborn. This may have been the land sale which resulted in an 1845 Ashe County lawsuit against William Phips, after he had moved on into Indiana, for fraudulently misrepresenting the boundaries of land sold to Samuel Long

Samuel Phips deed to Samuel Long, 190.
This indenture made the 10th day of October A. D. 1837, Between Wm. Phips & Samuel L [Note: This appears to be an “L,” but it would seem likely that the clerk simply started to write Samuel Long] Phips of Ashe county and N. Carolina and Samuel Long of Grayson county Virginia Witnesseth that the sd. [i.e. said] Wm. Phipps for & in consideration of the sum of $700 to him in hand paid by the sd. Samuel Long the reciept [sic; receipt] whereof is herby [sic; hereby] Ackd. [i.e. acknowledged] by the sd. Samuel Phips acknlg. [i.e. acknowledging] himself therewith fully satisfied & paid hath granted & sold & by these presents doth grant bargain sell convey or confirm to him the sd. Samuel Long a certain tract or parcel of land containing 190 acres be the same more or less in the county of Ashe North Carolina on the waters of Rock Creek.
Beginning at a Spanish oak near Osborns line & near Samuel Phipps corner running west 36 poles to a chestnut then north 64 poles to a white oak Osborns corner then west 80 poles to a white oak then north 47 [or 49?”] poles to a dogwood then east 116 poles to a stake north 80 east 80 poles to a large white oak at the head of a drean then down sd. drean 70 poles to the mouth then up the middle of a hollow 60 poles to a gum tree on top of a ridge then with the top of sd. ridge 100 poles to a popular [sic; poplar] then South 54 [ or 59?] poles to a dogwood then west 100 poles to a maple then north 30 poles to a bush of chestnuts then west 177 poles to a 
Spanish oak then to first station.
Together with every right title priviledge [sic; privilege] & emolument to the sd. land or in anywise appertaining & he the sd. Wm. Phips doth bind himselfe [sic; hmself] his heirs & assigns & administrators well & truly to warrant & forever defend the aforsd. [i.e. aforesaid] premises with all the appertainces [sic; appurtenances] to him the sd. Samuel Long & his heirs forever free & clear from all first claims or incumbrances [sic; encumbrances] whatsoever, in witness whereof I have hereunto set my hand & seal
signed sealed, & delivered in presents of us
James McMillion
Benjamin Long.

Wm. Phips

North Carolina
Ashe County
Jan 22d. 1839.
Nov. Term 1838. The within deed was duly proven in open court & ordered to be registered.
Test Jno Ray C.C.C.

J. Stamper, C Rgr.

A Pre-1700 Timeline: England and America

  • 1370: John Phyppe set up a wayside cross in Essex, England; the location later became known as Fypps Cross, Phippes Cross, etc. and eventually Whipps Cross
  • 1521: Individuals named Phip, Phips, Phyppe, etc. appeared as Lollards as noted in John Foxe’s The Acts and Monuments which formed the basis for the later Foxe’s (Fox’s) Book of Martyrs
  • 1575: Thomas Phypps married Jane Dynge in Bobbingworth in the Epping Forest district, where Whipps Cross was located
  • 1602: John Phipps, son of Alexander, was baptized 16 January 1602 in Hornchurch Parish, Essex, England; he appears to have been the John Phips, surveyor, who arrived in Jamestown, Virginia in 1621
  • 1610: Francis Phipps or Phips was born about 1610, apparently a son of Robert Phipps of Nottingham; Francis later lived in Reading, Berkshire, England
  • 1615-1616: Administration of the estate of Robert Phipps of Nottingham
  • 1621: John Phips of Essex was sent by the Virginia Company of London to Virginia as a surveyor who arrived in the party of William Claiborne
  • 1623: Col. John Jeaffreson, London merchant associated with the Virginia Company, resisted the king’s desire to dissolve the company
  • 1624: Col. John Jeaffreson settled on St. Kitts in the West Indies; he is said to have also lived “some years” in Virginia, and his widow later married Francis Phips or Phipps of Reading, Berkshire, England
  • 1640: Joseph Phipps was born in Reading, Berkshire, England; later in life he moved to Pennsylvania as a Quaker
  • 1645: Edmund Phipps, called the “rag man” because he operated a despised paper mill (seen as a potential cause of the spread of plague) in Buckinghamshire, was involved in a military skirmish as a Roundhead; he is said to have later served as an army captain in Ireland
  • 1648: Thomas Phipps was born about 1648, and became a merchant who was an MP (member of Parliament) for Wilton and then Westbury
  • 1649: Francis Phipps or Phips of Reading, Berkshire, England was surveyor of highways
  • 1652: John Phipps and William Harris, presumably the same individuals of those names who had been surveyors together in Jamestown beginning in 1621, appeared together in Surry County, Virginia records
  • 1654: Land was granted as the result of transportation of Edward and John Phipps to Virginia, although the immigration may have occurred some years earlier; the land was credited in Westmoreland County for Edward and in James City County for John; this John appears to have been the one who arrived as a surveyor in Jamestown in 1621
  • 1655-1656: John Fipps or Phips appeared in Jamestown records
  • 1656: John Phips received a Virginia land grant for 120 acres in James City County
  • 1657: Four-year-old John Phips, son of Elizabeth Harris, was apprenticed in Surry County, Virginia
  • 1660: Anne Sharpe, wife of Francis Phipps of Reading, Berkshire, England, died, as did Col. John Jeaffreson; Francis then married Jeaffreson’s widow Sarah
  • 1660: John Phipps bought what’s referred to now as the “country house” lot in Jamestown, Virginia
  • 1661: John Phipps sold land in Jamestown
  • 1662: George Blow was made guardian of Elizabeth Harris’s orphan son John Phips in Surry County, Virginia
  • 1665-1666: Twins Anna or Ann Phipps and Constantine Phipps, children of Francis of Reading, Berkshire, England, were born; Ann later married George Reeves who died in Virginia
  • 1665: John Phips received a Virginia land patent for 600 acres on and in the freshes of the Rappahannock River
  • 1667: The will of Francis Phipps of Reading, Berkshire, England was written, naming daughter Anna; she married George Reeves who died in Virginia
  • 1672: Thomas Phipps, “late of,” apparently, St. Paul’s Covent Garden, was among those arrested for selling “Coffee Chocolate Sherbet and Tea” without a license
  • 1679: An inentory of the estate of John Phipps was ordered, taken, and recorded in York County, Virginia
  • 1683: Henry Phips’s wife Fortuna of Round Court, a cap maker, was among those arrested for having held an unauthorized religious meeting involving 60 persons in a meeting house described as being in both the parishes of St. Martin’s in the Fields and St. Paul’s Covent Garden
  • 1686: Hanna Bull was arrested for adultery involving William West at St. Clement’s Danes’ “and divers other places”
  • 1692: John Phips witnessed the will of Richard Newton of South Carolina (no county named); the other witness was a ship master named William Day
  • 1699: What was described as a “deal box,” “directed” to John Phipps of Westbury in Wiltshire, was lost, with an ad offering a reward for its return

Fraud Involving David Phipps, 1859-1867

The following is yet another issue involving fraud in connection with a sale of land, as well as debt, involving a descendant of Samuel Phipps of Ashe County, North Carolina. This issue arose in 1859, when David Phipps, son of Jesse Phipps (died 1865 in Putnam County, Missouri) and grandson of Samuel Phipps (died 1854 in Ashe County, North Carolina), found himself greatly in debt in Putnam County, Missouri.

David Phipps, who had earlier lived in Owen County, Indiana (as did Jesse) is said to have fraudulently tried to deceive creditors by transferring ownership of land in Putnam County to his son Matthew P. Phipps. Matthew was a minor at the time, and did not have any money of his own by which he could have bought the land.

This situation is reminiscent of the fraudulent land sale which William Phipps was accused of when he moved from Ashe County, North Carolina to Owen County, Indiana. William was a brother of Samuel Phipps and was therefore an uncle of David Phipps.

From Putnam County, Missouri Court Records Vol. B, 19 March 1867, p. 783:

[p. 783:] 1399
Peter Thompson plaintiff
Against
David Phipps and Matthew P. Phipps defendants
Petition for title.

Now at this day come the said parties by their respective attorneys, and this cause coming up for trial, the defendants by leave of Court withdraw their answer, And the defendants failing to plead, the trial of this cause is submitted to the Court upon the plaintiff’s petition, and the testimony of witnesses and the court after hearing the petition and evidence doth find for the plaintiff as follows: That on the 15th day of August 1859 the defendant David Phipps was the owner in fee of the following described real estate situate in Putnam County Missouri to wit: The South half of the north West quarter of Section No. 7 seven – And the North half of the South East quarter of Section No. five – 5 – in township No. sixty five of Range No nineteen – 19 – described in the plaintiffs petition and that on the 16th day of December 1859 the defendant David Phipps, being indebted in a large sum, did, fraudulently and without any consideration whatever, for the purpose of defrauding, hindering and delaying his creditors, convey by his deed, the said real estate above described to Matthew P. Phipps, defendant, who is the son of defendant David Phipps and who was at the time a minor under the age of twenty one years, having no means of his own with which to purchase such lands, that on the 23d day of June 1860 a judgment was rendered in this Court in favor of Putnam County and against said defendant David Phipps upon which an Execution was issued on 21st day of August 1863, by virtue of which Execution the Sheriff of said County did on the 23rd day of September 1863 sell all the right title & interest of the defendant David Phipps in & to said real Estate, and that Drury Smith became the purchaser there of, And that on the said 23rd day of September 1863 the said Sheriff Conveyed by his deed of that date to the said Drury Smith the said land, that on the 28th day of January 1865 & on the 11th day of December 1865, the said Drury Smith & his wife Conveyed by their deeds of said last mentioned dates all of the said real estate to the plaintiff Peter Thompson. The Court doth further find that the said deed from defendant David Phipps & defendant Matthew P Phipps having been fraudulently made without Consideration & that at the date of and judgment and at the sale of said land by said Sheriff to said Drury Smith the defendant David Phipps had the title to said land. It is therefore Considered and decreed by the Court that the said deed from the defendant David Phipps to the defendant be cancelled, annulled, and revoked & made void & for naught held & esteemed, And that all the right, title & interest which the said defendant David Phipps had in & to said real estate prior to and at the time of making said deed to defendant Matthew P. Phipps be & is hereby decreed to and vested in the plaintiff Peter Thompson his heirs and assigns forever. It is further considered by the court that the plaintiff do have and recover against the said defendants his costs in this suit Expended and that he have Execution therefor –

John Phips, Early Barbados Mariner, 1694

From handwritten record book referred to as Baptisms, Marriages, and Burials, Vol. 1, St. Michael Parish, Barbados, p. 493 (also numbered 492, but indexed as 493), 1694, under “Burialls,” dated 30 October 1694:

Richard Lewis Gent, Mrs. Susannah Strang in Church, & Mr. Manwarings boy, Peter Parker & John Brook & Jno. Phips marriners