The Phipps Twins at Nauvoo

Various past posts have detailed the family of Jesse Phips or Phipps, born about 1786-1788 in Ashe County, North Carolina, along the Virginia state line. Jesse was a son of Samuel Phips, apparently Samuel Phips, Jr. Jesse and his family moved from Ashe County, North Carolina into Owen County, Indiana in the early 1830s.

Also moving from Ashe County, North Carolina to Owen County, Indiana were some of Jesse’s Long relatives. As is well documented by a number of period sources, some of the Longs and some of the Phips or Phipps family were involved together in one of the most notorious outlaw gangs of the first half of the 19th century.

Because the gang or network involved such a vast amount of territory and a large number of individuals, its exact extent has never been determined. From research mentioned in various earlier posts, it would appear likely that the involvement of this outlaw network in Owen County, Indiana, in adjacent Clay County, Indiana, and involving relatives in Lawrence County, Indiana was, in historical terms, an extension of a much earlier outlaw network referred to in various 18th century Virginia sources, such as various articles in the Virginia Gazette, published in Williamsburg.

From such sources, it appears that the network was extensive. Its activities appear to have included stealing horses and slaves for resell, as well as counterfeiting. Some indications suggest that they made use of the lawless nature of the Watauga settlement to partly cover their tracks. By the 1830s in Indiana, the theft of slaves was not an issue, but horse stealing and counterfeiting continued.

The network was able to operate more or less unhindered for a long time. Major inroads were made in the 1840s, however, by detective Edward Bonney, who posed as a gang member and who managed to gain the confidence of first Mary (“Polly”) (Long) Phips, wife of Jesse Phips’s son John Meshack Phips, then of John himself.

John was the twin brother of Eli Shadrack Phipps or Phips. John went by the nickname “Shack,” and Bonney devoted an entire chapter to “Shack Phips” when he wrote his well known circa 1850 account of the outlaws, titled Banditti of the Prairies. Bonney went after outlaw network members after they had murdered Col. George Davenport, for whom Davenport, Iowa is named, on the 4th of July in 1845.

As the result of Bonney’s efforts, Aaron and John Long, close relatives of John Meshack Phipps, were hung later that year in Rock Island, Illinois for the murder of Col. Davenport. In his book, Bonney discusses another of Shack’s relatives, that being Hiram Long. The book (depending on edition) contains illustrations depicting Mary (“Polly”) (Long) Phips, her mother “Widow” Long, and Hiram Long.

Also pictured in the book is Aaron Long, with the portrait copied from an early daguerreotype. Another illustration shows Aaron Long, John Long, and Granville Young being hung for murder. After Bonney, pretending to be an outlaw, gained the trust of Granville Young, Young gave him a list of names of several individuals who might help with some outlaw activity. One of those names was Hiram Long, cousin of John and Aaron Long, in Owen County, Indiana.

Bonney insisted that some of the outlaws used the early Mormon settlement of Nauvoo, Illinois as a hideout for their operations. That was because, according to Bonney, it was very difficult for outside law authorities to enter Nauvoo, and if they would, charges of persecution would be raised by the town’s residents. Nauvoo was situated on the Mississippi River, which made it easy to access by river travel. At the time, Owen and Clay Counties, Indiana were served by vibrant White River traffic. Bonney details some of Granville Young’s riverboat travels plus one of his visits to Nauvoo.

Past posts have discussed how it appears that members of the Phips or Phipps family may have posed as Mormons. It also appears that they must have gained the confidence of Mormon residents to the point that John Meshack Phips and Eli Shadrack Phips were somehow able to buy town lots in Nauvoo.

Some of that Nauvoo property was later sold by John Meshack Phipps to Hiram Long, once John moved out of his double residences of Nauvoo and Owen County, Indiana and, instead, into Lee County, Iowa. Nauvoo deed records show John selling property to Hiram Long after John’s move, and they also indicate that Hiram soon moved to Monroe County, Iowa.

Monroe County was visited by what history books call the “Reeves War,” a time of trouble brought on by members of an outlaw gang dominated by some of the Reeves family members. They were presumably connected with the Reeves family which tied earlier into the Samuel Phips family back in Ashe County, North Carolina and adjacent Grayson County, Virginia.

The so-called Reeves War was presumably a part of the same strange outlaw network phenomenon which has been discussed in bits and pieces and under varying names in various historical sources to the present day. Back in Ashe County, North Carolina, Samuel Phips had married a Reeves, whose father had later married a Burton.

One of the names of outlaws which Granville Young gave to Bonney was Jack Burton in Lawrence County, Indiana. Burtons migrated from Ashe County, North Carolina to Lawrence County, Indiana, as did various other Ashe County families including members of the Phips or Phipps family.

The Mormons were, of course, eventually forced out of Nauvoo. Period sources refer to animosity between area Mormons and non-Mormons, and numerous charges that the Mormons were responsible for area thefts. A working hypothesis would be that the Mormons were merely being blamed for the activities of the outlaw gang because of outlaw members – the notorious Phips brothers and some of their relatives and accomplices – pretending to be Mormons while maintaining Nauvoo connections.

Nauvoo is located in Hancock County, Illinois. Microfilm of some of the period deed records from Hancock County, Illinois has been digitized and is available via the Family Search website. One Hancock County record book, titled simply “Index to Deeds,” refers to 13 or 14 deed records involving “JM” and “S” Phipps. This would be John Meshack Phipps and Shadrack Phipps.

The deeds are surprisingly detailed. Very interestingly, the deeds appear to refer to an apparently previously unknown wife of Eli Shadrack Phipps. He was married to Nancy Ward, who he married in Owen County, Indiana, and much later to Rebecca Ann Griffith, who he married later in Iowa. Evidently, in between, however, he must have had another wife, E. Louisa (“Luisey”), identified in the deeds below.

Of these deed records, a couple are not yet digitized (those in Volume P), and it is not clear what is referred to, exactly, by “Vol. 2 Bonds & Mortgages.” The “Index to Deeds,” which is just one Hancock County index, lists the following:

Index to Deeds:

  • S. Phipps from Knight – Vol. P, p. 334 – not yet digitized
  • S. Phipps from Pierce (twice) – Vol. P, p. 547 – not yet digitized
  • Phips from Bernhide – Vol. S, p. 448 – transcribed below
  • Phips from Bayles – Vol. S, p. 449 – transcribed below
  • Phips from Meicham – Vol. S, p. 450 – transcribed below
  • JM Phipps to ER Hatfield – Vol. T, p. 390 – transcribed below
  • JM Phipps to James Sargent – Vol. U, p. 208 – transcribed below
  • JM Phipps to H. Long – Vol. U, p. 211 – transcribed below
  • JM Phipps to I. Fairfleld – Vol. U, p. 212 – transcribed below
  • JM Phipps from ER Hatfield – Vol. 2 Bonds & Mortgages, p. 526
  • S Phipps from G Edmunds Jr – Vol. V, p. 530 – transcribed below
  • JM Phipps to H Long – Vol. V, p. 635 – transcribed below
  • JM Phipps from A Higgins – Vol. V, p. 635 – transcribed below

Only the deeds which have been digitized were examined. Of those deeds, the following land was involved. The first involves land in Hancock County, but not in Nauvoo:

Owned by John Meshach Phipps:

  • E1/2 of E1/2 of NE1/4, S3 T6N R8W, 40 acres, Hancock County
  • Part of Lot 1 Block 138, City of Nauvoo
  • Complex description involving the center of Fulmer Street and the north line of Lot 28 Block 6, Kimball’s addition, etc., City of Nauvoo
  • Complex description involving part of Lot 1 Block 138, City of Nauvoo
  • Lot 3 Block 99, Lot 4 Block 99, part of Lot 1 Block 139, part of Lot 2 Block 7 in Herr-Shaw and Thompson’s 2nd addition

Owned by Eli Shadrach Phipps:

  • Lot 3 Block 99, Lot 4 Block 99, part of Lot 1 Block 139, part of Lot 2 Block 7 in Herr-Shaw and Thompson’s 2nd addition

To summarize the summary(!), John owned property in at least Blocks 6, 99, 138, and 139. Eli owned property in at least Blocks 99 and 139. It is interesting that both owned property in Blocks 99 and 139. Block 99 was bounded by White and Hotchkiss on the north and south, and by Bain and Granger on the west and east. Block 139 was bounded by Parley and Sidney on the north and south, and by Granger and Main (not Bain) on the west and east.

From satellite views, it appears that Block 99 is part of a farmer’s field today, although the block immediately to the east survives as such. Block 139 still exists as such. Satellite views show some trees and no structure visible (unless hidden by trees) except for what appears to be a small house at the northern edge of the block.

John also owned 40 acres in S3 T6N R8W. From USGS topographic maps, this appears to be in Montebello Township, This is northeast of Hamilton, Illinois, just barely north of Waggoner Creek. This 40 acres was some distance south of Nauvoo. Did John buy the land for investment purposes? Did he buy it as another hideout in the event that Nauvoo should prove too dangerous for him?

As noted in an earlier post, John Meshack Phipps was the subject of a Hancock County, Illinois court action referred to as Bidamon v. Phipps. This involved John C. Bidamon, brother of Lewis C. Bidamon who married the widow of Joseph Smith. A couple Bidamon v. Phipps references are noted in Richard Eyring Turley, Jr., Victims: The LDS Church and the Mark Hofmann Case, Urbana: University of Illinois Press, 1992, p. 366.

These are listed, however, in an appendix titled “Appendix: Suspect Items Acquired by the LDS Church.” As the book explains, the list is one of items acquired, many of which were “clearly forgeries,” while “others are not.” The book also notes (p. 346) that (presumably clearly genuine) documents were offered to the appropriate repositories, which in this case would presumably be the Hancock County, Illinois Courthouse, but that although in most cases the materials were accepted, sometimes for “various reasons” they were not.

An LDS finding aid dated 2016 and titled Nineteenth-Century Legal Documents Collection, 1829-1973: A Register of the Collection, CR 100 339 and pertaining to their Church History Library in Salt Lake City, refers to the following on p. 30:

John C. Bidamon vs. J. M. Phipps and Shadrach Phipps, bond, 1848 April 1
Box 2, Folder 80
1 item: Photocopy of manuscript.
Court file date of 1 April 1848.
Open to research.

A transcription of this document is appended below.

In addition, some of the records concern Hiram Long, brother in law of John Meshack Phipps. John and his wife Mary (“Polly”) (Long) Phipps were living with Hiram in Monroe County, Iowa in the 1840 census:

1850 Census, Monroe County, Iowa, 10 December 1850:

#330/330:

  • Hiram Long, 27 [born about 1823], male, farmer, real estate $600, born North Carolina
  • John M. Phipps, 33 [born about 1817], male, farmer, born Virginia
  • Mary Phipps, 26 [born about 1824], female, born North Carolina
  • Mathew Phipps, 8 [born about 1842], male, born Indiana, attended school
  • Margaret Phipps, 2 [born about 1848], female, born Iowa

#331/331:

  • Aaron B. Long, 28 [born about 1822], male, merchant, real estate $250, born North Carolina
  • Mary C. [or O.?] Long, 17 [born about 1833], female, born Indiana

Despite the Mormon associations, it does not appear that John Meshack Phipps or his brother Eli Shadrack Phipps had any religious or spiritual leanings or inclinations during the 1840s, and must have been posing as Mormons to evade capture. John is supposed to have experienced what was termed a “Methodist conversion” later in life.

Before that, or presumably before that, he appears to have eventually moved to Independence, Jackson County, Missouri, a town associated with Mormonism. He is listed in the 1870 census in Jackson County, but as “Philips” rather than as “Phipps,” and with the ages a bit off. The record clearly pertains to him, however, because of the names of children listed.

From the 1870 census, Fort Osage Township, Jackson County, Missouri, with post office at Napoleon City, Missouri, 15 August 1870, p. 33, #231/231:

  • John Philips, 54 [born about 1816], male, white, real estate [blank], personal estate [blank], born Virginia
  • Mary Philips, 46 [born about 1824], female, white, North Carolina
  • [page break – p. 34 – same date]
  • Hiraim [J?] Philips, 17 [born about 1853], male, white, farm laborer, “Ioway,” attended school
  • Preston Philips, 16 [born about 1854], male, white, farm laborer,”Ioway,” attended school
  • Mary Philips, 14 [born about 1856], female, white, “Ioway,” attended school
  • Melvina Philips, 12 [born about 1858], female, white, Missouri, attended school
  • Laura B Philips, 8 [born about 1862], female, white, Kansas, attended school
  • Albert Philips, 6 [born about 1864], male, white, “Ioway,” attended school
  • Hattie Philips, 15 [born about 1855], female, white, Missouri

He also appears to have been in the St. Joseph, Missouri area for a time, not far away, where later an underground stable, apparently for stolen horses, was discovered. It was also here that he was friends with Jesse James.

John said late in life (Times-Republican, Marshalltown, Iowa, 15 February 1912, p. 5),

When I was 17 years old we left Virginia and moved to Illinois. In a short time we moved to Monroe county, Iowa. From there I moved to Jackson county, Missouri. I lived within fifteen miles of the James brothers and was well acquainted with Frank and Jesse. I was also well acquainted with the Youngers – Cole, James, and John, and old man Younger.

He is said to have traded farms in 1878 with a Mormon named J.J. Kastor, resulting in John moving for a time to Fremont County, Iowa.

Transcriptions:

Vol. S, pp. 448-450:

  • John M. Bernheisel to John Meshach Phipps, 12 June 1847 (40 acres south of Nauvoo)
  • Herman D. Bayles and Juliet his wife to Meshach Phipps, 28 May 1846
  • Joseph Mecham to Meshach Phipps, 5 August 1846

[Note: The John M. Bernheisel who sold land to John Meshach Phipps was presumably the person of that name who appears in various Mormon records and who later served in the first Utah legislature. He is the subject of a Wikipedia article and various other webpages. His photo appears in Wikipedia and other places. W. McLennan, one of the deed witnesses, may have been local lawyer William E. McLennan. M.M. Morrill, another witness, may have been the person of that name who was still living in Nauvoo in 1885 and who was mayor at the time. The other witness, Thomas Owens, could have been the Rev. Thomas Owens, described as a “renegade Baptist preacher” who appears to have become a Mormon.]

[p. 448:]

[in margin:]

No 10655.
I. M. Bernhisel [sic; as written; Bernheisel in text of deed]
To.
J. M. Phipps
Recorded
July 21, 1847
20

[body of text:]

This Indenture made and entered into this tweveth [sic; as written] day of June in the year of our Lord one thousand eight hundred and Forty Seven between John M. Bernheisel of Hancock County and State of Illinois of the first part, and John Meshach Phipps of Hancock County and State of Illinois of the Second part, Witnesseth that the said John M Bernheisel for and in Consideration of the sum of One hundred and fifty dollars to him in hand paid the receipt whereof is hereby Acknowledged, do I hereby grant bargain sell Convey and Confirm unto the said John Meshach Phipps his heirs and assigns forever all that tract or parcel of land Situate and being in the County of Hancock in the State of Illinois viz: the East half of the East half of the North east

[p. 449:]

Quarter of Section three (3) in Township number Six (6) North, of Range eight (8) West of the fourth (4) Principal Meridian Containing forty acres more or less. Together with all and singular the appurtenances thereunto belonging or in any wise appertaining. To Have And To Hold, the above described premises unto the said John Meshach Phipps his heirs and assigns forever and the said John M. Bernheisel his heirs executors and Administrators, the aforesaid premises unto the said John Meshack Phipps his heirs and assigns against the Claim or claims of all and every person whosoever [or whomsoever?] do and will forever by these presents Quit claim In Testimony whereof I have here unto set my hand and seal, the day and year first above written

John M. Bernheisel S. S.

Signed Sealed and Delivered in presence of.
W. [McLennan?], M. M. Morrill, Thos [H.?] Owens.

State of Illinois
Hancock County Ss.
Be it remembered that on this twelfth day of July A D 1847, before me an acting Justice of the Peace of Said County, personally Came John M. Bernheisel whose Signature appear[s?] to the foregoing Deed, and who is personally Known to me, to be the person described in and who executed the same, did acknowledge that he had executed the said Conveyance, for the uses and purposes therein mentioned In Testimony whereof I have hereunto set my hand and seal, the day and year first aforesaid.

W. [McLennan?], J. P. S. S.

[Note: The next deed involves property in Nauvoo sold by Herman D. Bayles and his wife Juliet to “M. Phipps,” also referred to as “Mesach Phipps.” An online deed dated 1842 is from Joseph Smith to Herman D. Bayles. Although the property description below is convoluted, it appears to probably involve the same property. At least it was in the same lot in the same block. Bayles evidently became a Mormon bishop. W.W. Phelps, who was one of the deed witnesses, was an early Mormon leader. Elizabeth Forey, also a witness, appears to have been the wife of Peter J. Forey.]

[in margin:]

No. 10656.
H. D. Bayles
To.
M. Phipps
Recorded.
July 21, 1847.

[body of text:]

This Indenture made and entered into this twenty eighth day of May, in the year of our lord, one thousand eight hundred and Forty Six Between Herman D. Bayles, and Juliet his wife of Hancock County Illinois of the first part, and M. Phipps of the Second part, Witnesseth that the said Harman [sic; as written; Herman earlier and now Harman] D. Bayles, & Juliet his wife for and in Consideration of the sum of three hundred dollars, to us in hand paid the receipt whereof is hereby Acknowledged, do hereby Grant bargain Sell Convey and Confirm unto the said Mesach [sic; as written] Phipp’s [sic; as written] his heirs and assigns forever, all that tract or parcel of land, Situate and being in the County of Hancock, in the State of Illinois viz: a part of lot No one, in Block No. one hundred, and thirty eight, in the City of Nauvoo, beginning at the corner of Ezra Parish’s, thence North 34 feet, thence West 100 feet thence South 34 feet thence East 100 feet, to the place of Beginnig [sic; as spelled] together with all and Singular the appurtenances, thereunto belonging or in any wise appertaining, To Have and To Hold, the above described premises unto the said Meshach Phipps his heirs and assigns forever, and the said Harman [sic; as written; Harman this time] D. Bayles, and Juliet his wife their heirs executors and Administrators, the aforesaid premises unto the said Meshack Phipps his heirs and assigns against the claim or claims of and every person whomsoever, do and will Warrant and forever by these presents Defend In Testimony whereof we have here unto set our hands and Seals, the day and year first above written

Herman [sic; as written; Herman this time] D. Bayles S. S.
Juliet Bayles S. S.

Signed Sealed and delivered in presence of
W W Phelps, Elizabeth Forey.

State of Illinois
Hancock County
Be it remembered that on this 28th day of May A D 1846, before me Notary Public in and of said county Personally Came Herman [sic; as written; Herman this time] D Bayles, and Juliet his wife, whose signatures appear to the foregoing Deed, and who are personally Known to me, to be the Persons described in and who executed the Same, did Acknowledge

[p. 450:]

that they had executed the said Conveyance for the uses and purposes therein mentioned and the said Juliet Bayles, having been by me made Acquainted with the Contents of the Said Deed, and examined separate and apart from her said husband, Acknowledged that she had executed the same, and relinquished her Dower, to the premises therein Conveyed Voluntarily, freely and without Compulsion of her husband In Testimony whereof I have here unto set my hand and Notarial Seal the day and year first aforesaid

S. S. W. W.; Phelps, N. P.

[Note: In the next deed, Joseph “Meecham” or “Mecham” sold property to “Meshack Phipps.” 
The former was evidently Joseph Mecham, a Mormon who later came into Utah. He appears to have been 32 in 1850, so was born about 1818. He would have been about 28, then, at the time of the deed. The Isaac Higbee who witnessed the deed was presumably the person of that name was the father of Elias Higbee, referred to by Wikipedia as an “associate of Joseph Smith” and a “prominent Danite.”]

[in margin:]

No. 10657.
J. Meecham
To.
M. Phipp’s
Recorded,
July 21, 1847.

[body of text:]

This Indenture made and entered into, this fifth day of August in the year of our lord one thousand eight hundred and forty Six between Joseph Meecham, of the County of Hancock and State of Illinois of the first part and and [sic; as written; word repeated] Meshach Phipps of the County and State aforesaid of the Second part Witnesseth that the said Joseph Mecham [sic; as written; Meecham earlier], for and in Consideration of the Sum of seventy dollars to him in hand paid, the receipt whereof is hereby Acknowledged do hereby grant, bargain sell Convey and Confirm unto the Said Meshach Phipps his heirs and assigns forever, all that tract or parcel of land, Situate and being the County of Hancock in the State of Illinois viz Beginning in the centre of Fulmer Street, two rods South of the North line of lot No 28, twenty eight in Block Six of Kimballs addition to Nauvoo thence running West fourteen rods and a half to the West line of said lot thence South five rods and eighteen inches thence east fourteen and a half rods to the Center of Fulmer Street, thence North five Rods & eighteen inches to the place of Beginning – Together with all and singular the appurtenances thereunto belonging or in any wise appertaining To Have And To Hold, the above described premises unto the Said Meshach Phipps his heirs and assigns forever and the said Joseph Mecham [sic; as spelled this time] his heirs executors and administrators, the aforesaid premises, unto the Said Meshach Phipps his heirs and assigns against the claim or claims of all and every person whomsoever do and will Warrant and forever by these presents Defend In Testimony whereof he have [sic; as written; “he have”] here unto set his hand and seal the day and year first above written

Joseph Mecham S. S.

Signed, Sealed and delivered in presence of
Isaac Higbee.

State of Illinois
Hancock County
Be it remembered that on this fifth day of August A. D 1846, before me an Acting Justice of the Peace of said County personally came, Joseph Mecham [sic; as spelled this time], whose Signature appear [sic; as written] to the foregoing Deed, and who are personally Known to me to be the person described in and who executed the Same, did Acknowledge that he had executed the Said Conveyance, for the uses and purposes therein mentioned In Testimony whereof I have here unto set my hand and seal the day and year first aforesaid

Isaac Higbee J. P. S. S.

Vol. T, pp. 390-391:

  • JM Phipps and Mary his wife to ER Hatfield, 12 November 1847

[p. 390:]

[Note: The next deed involves E.R. Hatfield. Although his identity is not immediately clear, Nauvoo records refer to a Lucy Hatfield.]

[in margin:]

11328
JM Phipps
To
ER Hatfield
Recorded
6th Jan 1848

[body of text:]

This Indenture made and entered into this 12th day of November A. D. One thousand Eight hundred and forty seven Between J M Phipps and Mary Phipps his wife of the County of Hancock and state of Illinois of the first part and E R Hatfield of the County of Hancock and state of Illinois of the second part Witnesseth that the said J M Phipps and Mary Phipps his wife for and in consideration of the sum of Three hundred and fifty Dollars to them in hand paid the receipt whereof is hereby acknowledged do hereby grant bargain sell convey and confirm unto the said E R Hatfield his heis [sic; as written; for “heirs”] and assigns forever all that tract or parcel of Land situate and being in the County of Hancock in the state of Illinois viz: A part of Lot No one in Block No One hundred and thirty Eight in the City of Nauvoo begining [sic; as spelled] at the corner of Ezra Parishes thence North thirty four feet thence west one hundred feet thence South 34 feet thence East one hundred feet to the place of begining Together with all and singular the appurtenances thereunto belonging or in any wise appertaining To Have and to Hold the above described premises unto the said E R Hatfield his heirs and assigns forever. And the said J M Phipps and Mary Phips [sic; as spelled this time] his wife their heirs executors and administrators the aforesaid premises unto the said E R Hatfield his heirs and assigns against the claim or claims of all and every person whomsoever do and will warrant and forever by these presents defend

In testimony whereof we have hereunto set our hands and seals the day and year first above written

J M Phipps (L S)
Mary Phipps (L S)

Signed sealed and delivered in presence of
Tho H Owen

State of Illinois
Hancock County SS.
Be it remembered that on this 12th day of Nov A D 1847, before me an acting Justice of the peace afsaid [sic; i.e. aforesaid] county personally came J M Phipps and Mary Phipps

[p. 391:]

his wife whose signatures appear to the foregoing Deed and who are Known to me to be the person described in and who executed the same, did acknowledge that they had executed the said Conveyance for the use and purposes therein mentioned. And the said Mary Phipps having been by me made acquainted with the Contents of the said deed and Examined separate and apart from her said husband acknowledged that she had executed the same and relinquished her dower to the premises therein Conveyed voluntarily freely and without Compulsion of her said husband. In Testimony whereof I have hereunto set my hand and seal the day and year first aforesaid

Tho H Owen J P (S S.)

Vol. U, pp. 208, 211-213:

  • John M. Phipps and Mary his wife to James Sargent or Sergent or Seargent, 3 November 1847
  • John M. Phipps of Lee County, Iowa to Hiram Long of Monroe County, Iowa, 12 April 1848
  • Shadrach Phipps and Louisa (E. Luisey) his wife to John Fairfield of Monroe County, Indiana [not Iowa], 12 April 1848

[p. 208:]

[Note: The identity of James Sergent or Sargent or Seargent of the following deed is unclear.]

[in margin:]

11772
J M Phipps
To
J Sergent [sic; as spelled; Sargent in text of deed]
Recorded
17 April
1848

[body of text:]

This Indenture made and entered into this third day of November in the year of our Lord one thousand Eight hundred and forty Seven Between John M Phipps and Mary Phipps his wife of the County of Hancock and state of Illinois of the first part and James Sargent [sic; as spelled this time] of the County and state aforesaid Witnesseth that the said John M Phipps and Mary Phipps his wife for and in consideration of the sum of fifty five Dollars to them in hand paid the receipt whereof is hereby acknowledged do hereby grant bargain sell convey and confirm unto the said James Sergent [sic; as spelled this time] his heirs and assigns forever, all that tract or parcel of Land situate and being in the County of Hancock and state of Illinois viz: Beginning at the centre of Fullmer street two rods south of [the?] of Lot number Twenty Eight (28) in Block six of Kimballs addition to Nauvoo, thence running west fourteen rods and a half (14 1/2) to the west line of said Lot, thence South five (5) rods and Eighteen inches, thence East fourteen and one half (14 1/2) rods, thence North five (5) rods & Eighteen inches to the place of begining [sic; as spelled]. Together with all and singular the appurtenances thereunto belonging or in any wise appertaining, To have and to hold, the above described premises unto the said James Seargent [sic; as spelled this time], his heirs and assigns forever and the said John M. Phipps and Mary Phipps his wife their heirs executors & administrators and assigns the aforesaid premises unto the said James Seargent [sic; as spelled this time] his heirs and assigns against the claim or claims of all and every person whomsoever do and will warrant and forever by these presents defend. In Testimony whereof we have hereunto set our hands and seals the day and year first above written

J M Phipps (L S)
Mary Phipps (L S)

Signed sealed and delivered in presence of
Wm. [W? or H?] Hill
Mark Allyer

State of Illinois Hancock County SS
Be it remembered that on this 3rd day of November A D 1847, before me an acting Justice of the peace in and for said County personally came John M Phipps and Mary Phipps his wife whose signatures appear to the foregoing deed and who are personally Known to me to be the persons described in and who executed the same, did acknowledge they had executed the said conveyance for the uses and purposes herein mentioned.

And the said Mary Phipps having been by me made acquainted with the contents of the deed and examined separate and apart from her said husband acknowledged that she had executed the same, and relinquished her dower to the premises therein conveyed voluntarily freely and without compulsion of her said husband.

In Testimony whereof I have hereunto set my hand and affixed my seal the day and year first aforesaid

Tho H Owen JP (seal)

[p. 211 (Note: This is actually an unnumbered page following p. 210. The book contains two pages labeled p. 210, due to a numbering error. This page follows the second of those.):]

[in margin:]

11781
J M Phipps
To
Long

Recorded
17 April
1848.

[body of text:]

This Indenture made this twelfth day of April in the year of our Lord one thousand Eight hundred and forty Eight Between John M Phipps of the County of Lee and state of Iowa of the first part and Hiram Long of the County of Munroe [sic; as spelled] and state of Iowa, of the second part, witnesseth that the said party of the first part for and in consideration of the sum of Three hundred and fifty five Dollars current money of the United states to him in hand paid the receipt whereof is hereby acknowledged hath granted bargained and sold by these presents doth grant bargain and sell unto the said party of the second part and to his heirs and assigns forever, all that tract or parcel of Land situate and being in the City of Nauvoo County of Hancock and state of Illinois Bounded as follows to wit a part of Lot No. 1, in Block No. 138 in said City of Nauvoo begining [sic; as spelled] at the Corner of Ezra Parishes thence North 34 feet, thence East 100 feet, thence South 34 thence west 100 feet to the place of the begining. To have and to hold the lot or parcel of Land, with all the appurtenances unto the said party of the second part his heirs and assigns to him and his only proper use and behoof forever. And the said party of the first part covenant and agree with the said party of the second part his heirs and assigns that he is Seized of a good sure perfect and indefeasible estate in fee simple of in and to the aforesaid tract lot or parcel of Land with its appurtenances; that he has full power and lawful authority to sell and convey the same to said party of the second part and to his heirs and assigns forever, that he will and his heirs, executors shall warrant and forever defend the aforesaid tract of Land with all its appurtenances unto the said party of the second part and to his heirs and assigns against all and every person or person whomsoever lawfully claiming or to claim the same. In Testimony whereof the said party of the first part doth hereunto set his hand and seal on the day and year first above written

J M Phipps (seal)
Mary Phipps (seal)

State of Iowa Lee County Sct.
Be it Known that on this day personally appeared before me the undersigned R W Albright Clerk of the District Court in and for the County aforesaid John M Phipps Known to me, to be the grantor named in the foregoing Deed of conveyance, and severally acknowledged the signing sealing and delivery thereof to be his voluntary act and deed for the uses and purposes therein expressed; and the said Mary Phipps the wife of the said John M Phipps being by me examined separate and apart from her said husband, and within his hearing, and being made

[p. 212:]

fully acquainted with the contents of the said Deed, upon such separate Examination declared that she did voluntarily and of her own free will and accord and as her act and deed, sign seal and deliver the same without any fear, threats coercion or compulsion from her said husband

(Seal) In witness whereof I have hereunto subscribed my name and affixed my seal this Twelfth day of April 1848.

R W Albright Clerk
District Court Lee County Iowa

[in margin:]

11782.
S Phipps
To
J Fairfield
Recorded
17 April
1848.

[body of text:]

This Indenture made this 12th day of April in the year of our Lord One thousand Eight hundred and forty Eight Between Shadrach Phipps and Louisa his wife of the County of Hancock and state of Illinois of the first part and John Fairfield of the County of Monroe and state of Indiana of the second part witnesseth that the said party of the first part for and in consideration of the sum of Three thousand dollars Current money of the united states to us in hand paid the receipt whereof is hereby acknowledged have granted, bargained sold, and by these presents do grant bargain and sell unto the said party of the second part and unto his heirs and assigns forever all the tracts or parcels of land situated and being in the County of Hancock in the state of Illinois to wit; Lot Number Three in Block Number Ninety Nine (99) also Lot number four (4) in Block Number Ninety Nine (99). Also the South half and North West quarter of Lot number One (1) in Block No. on e hundred and thirty Nine, also the North half of Lot No. Two (2) in Block No. Seven (7) situated in [Heringshaw? (sic; i.e. Herr-Shaw, probably “Herr and Shaw” was meant)] and Thompsons second addition to Nauvoo, all the above described tracts or parcels of Land lying and being in the City of Nauvoo Together with all and singular the privileges and appurtenances thereunto belonging or in any wise appertaining. to have and to hold the herein described tract Lots or parcels of Land with all their appurtenances unto the said party of the second part his heirs and assigns forever to [him?] and [his?] only proper use and behoof forever And the said party of the first covenants and agrees with the said party of the second party their heirs and assigns that they are seized of a good sure perfect and indefeasible estate of in fee simple of in and to the said premises tracts lots or parcels of Land with all their appurtenances; that they have full power and lawful authority to sell and convey the same to the said party of the second part and to his heirs and assigns forever; that we will and our heirs executors and administrators shall warrant and forever defend the premises herein before described lots or parcels of land with their appurtenances unto the said party of the second part and to his heirs and assigns, that they have full power and lawful authority to sell and convey the same to said party of the second part his heirs and assigns forever; that we will [the wording from “that they have . . . ” through ” . . . that we will” appear to perhaps be lightly crossed out]; against all and every person or persons whomsoever lawfully claiming or to claim the same. In Testimony whereof the said party of the first part have hereunto set their hands and seals on the day and year first above written

Shadrach his X mark Phipps (Seal)
E Luisey Phipps (seal)

Signed sealed and delivered in presence of
H M Talman [or Tolman?]

State of Iowa
Lee County sct
Be it Known that on this day personally appeared before me the undersigned a Justice of the peace of Madison township

[p. 213:]

in and for the County aforesaid Shadrach Phipps and — [sic; dash as written] Known to be the grantors named in the foregoing deed of conveyance and severally acknowledged the signing sealing and delivery thereof to be their voluntary act and deed for the uses and purposes therein expressed; and the said — wife of the said Shadrach Phipps being by me examined separate and apart from her said husband, and within his hearing, and being fully made Known with the contents of the said deed upon such separate examination declared that she had voluntarily and of her own free will and accord and as her deed sign seal and deliver the same, without any fears, threats coercion or compulsion from her said husband

In witness whereof I have hereunto subscribed my name this 12th day of April 1848

Henry M Talman
Justice of the peace

State of Iowa Lee County ss.

I RW Albright clerk of the District Court in and for the County of Lee and State of Iowa do hereby certify that Henry M [Solemon?] before whom this acknowledgement was taken, was at the time the taking thereof and is now an acting Justice of the peace duly Elected and Commissioned as such according to the Laws of the state of Iowa.

(Seal) In Testimony whereof I have hereunto set my hand and affixed the seal of said Court hereunto at Fort Madison this 12th day of April A D 1848.

RW Albright Clerk
District Court Lee Co Iowa.

Vol. V, pp. 530, 636:

  • G. Edmunds, Jr. to Shadrach Phipps, 25 April 1849
  • Alfred Higgins to JM Phipps, 2 June 1849
  • John M Phipps of Lee County, Iowa to Hiram Long of Monroe County, Iowa, 4 June 1849

[p. 530:]

[in margin:]

13.079
G. Edmunds Jr
To
Shadrach Phipps
Recorded
26th April 1849.

[body of text:]

Whereas I have heretofore conveyed by Quit claim deed all my interest in Lot number four in block number ninety nine in Nauvoo, according to the plat of said Town, to one Shadrach Phipps, which said Deed is said to be lost, Now. Know, all men by these presents that in consideration thereof, I do hereby Quit claim unto said Phipps his heirs and assigns forever, all interest which I may have in said premises. Witness my hand and seal this 25th day of April 1849.

G. Edmunds Jr. (Seal)

Signed sealed & delivered in presence of
H. G. Ferris

State of Illinois
Hancock County
This day personally appeared before me the undersigned Clerk of the County Commissioners Court of said County, G Edmunds Jr who is personally known to me to be the same person who executed the above Deed, and whose name is subscribed thereto, and acknowledged the same to be his act and deed for the uses and purposes therein mentioned.

(Seal.) In testimony whereof, I have hereto subscribed my name and affixed the Seal of said Court this 25th day of April A. D. 1849.

Geo W. Thatcher Clerk

[p. 635:]

[in margin:]

13136
A Higgins
to
J. M. Phipps
Recorded
4 June 1849.

[body of text:]

Know all men by these presents that I Alfred Higgins do acquit all claim right title or interest in the following described property situate in the City of Nauvoo County of Hancock and State of Illinois bounded as follows To wit Lots Number Three (3) in Block Ninety nine (99), also Lot No. four (4) in Block Ninety Nine (99) also the South Half and the North West quarter of Lot No. One (1) in Block One hundred and thirty nine (139). Also the North Half of Lot Number Two (2) in Block No. Seven (7) Situate in Herringshaw [sic; i.e. Herr-Shaw or “Herr and Shaw”] & Thompsons second addition to Nauvoo all the above tracts or parcels of Land lying and being in the City of Nauvoo Together with any thing appertaining or thereunto belonging and grant the same to J M Phipps to himself heirs or assigns forever under my hand and seal this 2d. day of June 1849

Alfred Higgins

Witness
C J McFarland

State of Iowa County of Lee.
Personally appeared before me C J McFarland a notary public in and for said County & stte aforesaid the within named Alfred Higgins who is personally Known to me to be the identical person who acknowledged the Signing and sealing of the within instrument to be his voluntary act and deed for the purposes therein contained. In Testimony where, I have hereunto set my hand and seal of my said Office this 2d. day of June A D 1849.

(Seal) C. J. McFarland
Notary public

[in margin:]

13227.
J M Phipps
to
Hiram Long
Recorded
4 June 1849

[body of text:]

This Indenture made this Fourth day of June in the year of our Lord one thousand Eight hundred and forty nine between John M Phipps of the County of Lee and state of Iowa of the first part and Hiram Long of the County of Monroe and state of Iowa of the second part witnesseth that the said party of the first part for and in consideration of the sum of Four Thousand Dollars Lawful money of the united States to him in hand by the said party of the second part the receipt whereof is hereby Confessed and acknowledged hath granted bargained sold received released, aliened Confirmed and Conveyed, and by these presents do grant bargain sell re[?]se release, alien confirm and convey unto the said party of the second part And to his heirs and assigns forever all that certain tract or parcel of Land to wit Lot No. Three (3) in Block No. Ninety nine (99) also Lot No. four (4) in Block No. Ninety Nine (99) also the South half and the North West quarter of Lot No. One (1) in Block one hundred and thirty nine (139) Also the North Half of Lot No. Two (2) in Block No. Seven (7) Situated in Herringshaw [sic; Herr-Shaw or “Herr and Shaw”] and Thompsons second addition to the Town of Nauvoo all the above described Lots or parcels of Land lying and being in the City of Nauvoo Hancock County Illinois

Together with all and singular the hereditaments and appurtenances thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders rent, issues and profits thereof; and all the Estate right title interest, claim and [claims?] and whatsoever of the said party of the first part either in Law or Equity of in and to the above bargained premises with the said hereditaments and appurtenances

To Have and to Hold the said premises as above described with the appurtenances unto the said party of the Second part and to his heirs and assigns forever, and the said party of the

[p. 636:]

first part for himself and his heirs executors and administrators do covenant bargain and agree with the said party of the second part his heirs and assigns that at the time of the ensealing and delivery of these presents is well seized of the premises above conveyed as of good sure perfect absolute and indefeasible estate of in [? (looks like “hintem”)] in the Law in fee simple, that the said Land and premises are free from all incumbrances whatever and that the above bargained premises in the quiet and peaceable possession of the said party of the second part his heirs and assigns against all and every person or persons lawfully claiming or to claim the same or any part thereof will forever warrant and defend

In witness whereof the said party of the first part hath hereunto set his hand and seal the day and year first above written

John M Phipps (Seal)

State of Illinois County of Hancock [Ss.?]

This day personally Came before me the undersigned an acting Justice of the peace in and for the county of Hancock and state of Illinois the within named grantor John M Phipps who is personally Known to me to be the identical person whose name is subscribed to the within and foregoing deed of conveyance to the within named Hiram Long as having made and executed the same, and acknowledged that he had made and executed the same to the said Hiram Long for the purposes and Consideration therein mentioned and expressed Given under my hand and seal this fourth day of June A. D 1849

Michael Rickard [or Pickard?] J P (seal)

John C. Bidamon v. J.M. Phipps and Shadrach Phipps, loose (unbound) bond record, 31 March 1848
From Nineteenth-Century Legal Documents Collection, 1829-1973, LDS Church History Library:
John C. Bidamon vs. J. M. Phipps and Shadrach Phipps, bond, 1848 April 1
Box 2, Folder 80
1 item: Photocopy of manuscript.
Court file date of 1 April 1848.

[In the following record, the handwritten is awful, but much of the wording is formulaic. In this document, “Phipps” looks more like “Phiffs.” What the document is about is not immediately clear. John C. Bidamon was the brother of Lewis Crum Bidamon (see here and here). Lewis married the widow of Joseph Smith after Smith’s death. An 1846 Nauvoo broadside refers to John C. Bidamon as “Special Constable.”]

[document identification on back:]

John C. Bidamon
vs.
J. M. Phipps &
Shadrach Phipps
Bond

Filed April 1st 1848
D. C. Head clk

Issued

[first page:]

Know all men by these presents [actually looks like “present”] that we John C. Bidamon and [a name has been overwritten; the new name appears to be [Daniel?] [W.?] [Veowman? or Vrowman?] are held and firmly bound [actually looks like “bond”] unto J M. Phipps and Shadrach Phipps in the penal sum of one hundred and seventy five dollars, the payment of which well and truly to be made we bind ourselves our heirs executors and administrators firmly by these presents given under our hands and seals this 31st day of March A. D. 1848[.] The condition of this obligation is that whereas the above bounden John C. Bidamon hath on the day of the date [sic; formulaic wording is “day and the date”] hereof prayed [actually looks like “preyed”] an attachment out of the Circuit Court of Hancock County at the suit of John C Bidamon against the Estate of the above named J M. Phipps and Shadrach Phipps for the sum of eighty seven and ten cents [actually looks like “cent”] and the same being about to be [sued? or second?] [? (overwritten and unclear; looks like “ferl” or “jerl”)] of [second?] [court? or count? or county?] returnable on [actually looks like “in”] the 17th day of April next to the term of the Court then to be holden Now if the said John C Bidamon shall prosecute his suit with effect or in case of failure therein shall well and truly pay and satisfy the said J. M. Phipps and Shadrach Phipps all such costs in said suit and such damages as shall be awarded against the said John C. Bidamon his heirs executors [or? or and?] administrators in any suit or suits which may

[second page:]

hereafter be brought for wrongfully [serving?] out the said attachment then the above obligation to be void otherwise to remain in full force and virtue

J. C. Bidamon (seal)
[name crossed out (unreadable)] (seal)

Approved April 1st 1848
C. C. Head clk [i.e. Clerk]

References:

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Jordan Phipps of Surry and Wilkes Counties, North Carolina, 1799

The deed transcribed below is a Wilkes County, North Carolina dated 8 October 1799, in which William Fields sold 200 acres to Jordan Phipps of Surry County, North Carolina, with the latter’s name spelled “Jordon.” This deed is important for multiple reasons.

Why the deed is important:

First of all, it concerns Jordan Phipps or Phips and shows that he bought land in Wilkes County, North Carolina in 1799. This would appear to likely associate him with Samuel Phips who also appears in Wilkes County before appearing in Ashe County records from 1800 on. (Samuel’s father in law George Reeves also appears in Wilkes County records prior to 1800, but in Grayson County, Virginia records after that. Samuel Phips appears in Grayson County, Virginia records briefly later on, but only as an heir of George Reeves.)

Secondly, the deed associates Jordan Phipps with Surry County, North Carolina. Although the deed involves land in Wilkes County, Jordan (spelled “Jordon”) in the document is said to be “of Surrey County & State aforesaid.” This would associate him with the same county to which Elizabeth (“Betsy”) Fips and her husband Ephraim Witcher moved after the death of her father John Fips or Phips around 1769, with John having left a Charlotte County, Virginia estate. Betsy had already been assumed to likely be a relative of Samuel, and here is further evidence that this may be the case.

Ephraim and Betsy’s son Taliaferro Witcher then moved into Ashe County, North Carolina, where Samuel appears in records from 1800. The given name Taliaferro is pronounced the same as Toliver, and he was likely named for the same Toliver family which was so closely interrelated with the Samuel Phips family. Taliaferro Witcher witnessed an 1840 Ashe County administrator’s bond pertaining to the estate of Samuel’s son Joseph Phips. Taliaferro Witcher is also believed to have married Jane Reeves; Samuel Phips’s father in law was George Reeves.

These are circumstantial factors which do not in themselves prove relationships, but the deed is further evidence which can be added to what has been a huge, growing mountain of evidence. That evidence suggests that Samuel Phips of Ashe County, North Carolina is in some way related to John Phips or Fips of Lunenburg and Charlotte Counties, Virginia, with John’s family apparently originating from the Phipps family of Brunswick and Sussex Counties, Virginia.

Jordan Phips or Phipps:

Here’s a capsulized view of what we know about Jordan, assuming that all of the following refer to the same individual, which appears correct. Some of the supporting evidence that these events refer to the same Jordan are the presence of his brother Richardson in close proximity later in Tennessee, with both named in their father Benjamin’s will, and the fact that Jordan referred to his daughter in his Tennessee will as Nancy McCulloch Perry, when Jordan had married a “McCullock” back in Virginia.

  • 1769: Christened in Albemarle Parish, Sussex County, Virginia, as son of Benjamin and Martha Phipps
  • 1793: Married Penelope McCullock in Sussex County, Virginia
  • 1797: Mentioned in his father Benjamin’s will
  • 1799: Bought land in Wilkes County, North Carolina while being “of” Surry County, North Carolina
  • 1800: Appears in the census in Wilkes County, North Carolina as Jordan Fips, born about 1756-74
  • 1805: Was bondsman to a marriage in Wilkes County, North Carolina
  • 1807: Had an unclaimed letter in the post office in Nashville, Davidson County, Tennessee
  • 1826: Wrote a will in Williamson County, Tennessee, adjacent to Davidson County
  • 1842: His brother Richardson Phipps, also mentioned in Benjamin’s will, wrote a will in Davidson County, Tennessee

Samuel and Jordan appear to have been of the right ages to have been brothers. Because Samuel Phips is not mentioned in Benjamin’s will, however, we can assume that there was no such relationship. What their relationship was, assuming there was one, is unclear.

William Fields:

And who was the William Fields from whom Jordan Phipps bought 200 acres in Wilkes County? He may have been related to a later William Fields, actually William Andrew Fields, who Find A Grave claims was born in 1789, died in Grayson County, Virginia, married Mary Fields. It is further claimed that she was born in 1789, died 1860 in Alleghany County, North Carolina (Alleghany was formed in 1859 from Ashe.)

This Mary is said to have also married David Maxwell and to have been a daughter of John McMillan. We’ve noted various relationships between the Phips family and the Maxwell and McMillan families. In fact, another daughter of John McMillan (Nancy) married Joseph Phipps, evidently Capt. Joseph Phipps (1786-1848) (see Benjamin Floyd Nuckolls, Pioneer Settlers of Grayson County, Virginia, 1914, pp. 173-178).

In his 1840 will, John McMillan refers to “Polly Maxwill,” who would be the Mary Fields mentioned above. (Polly was an extremely common period nickname for Mary.) She is said to have married Fields, but also David Maxwell, hence the “Maxwill” reference.

The deed witnesses:

As for Bennet or Bennett Dula, who was one of the witnesses to the 1799 deed, the surname appears to have been sometimes Dooley.  Without taking extensive time to go down the Bennett Dula rabbit trail, it appears to be claimed that he fathered a later Bennett Dula who moved to Tennessee and who was arrested in 1833 for the murder of William Patton.

Bennett Dula seems to tie into the same family as the legendary Tom Dooley/Dula some decades later. Tom Dula, usually referred to in popular legend as Tom “Dooley,” is believed to have murdered Laura Foster in Wilkes County, North Carolina in 1866. This gave rise to the well known folk song “Tom Dooley.” The song was recorded by the Kingston Trio in 1958. Michael Landon played Tom Dula in the 1959 film The Legend of Tom Dooley.

Another witness to the deed was William Demoss. A published transcription of Wilkes County, North Carolina court records includes a mention, apparently from 1794, of a group of men who were to “lay off a new road.” This was to extend from “the mouth of Poplar Branch” to “the Elk Road.” Among those listed are William Demoss, along with Lewis and James Demoss, as well as Thomas Dula and William Dula.

In addition, a published list of Wilkes County marriages refers to William Demoss as the bondsman for the 1797 marriage of John “McMullin” (McMillan?) to Jean Dula.

Supposedly Joannah Demoss, daughter of William, was born in Wilkes County, North Carolina but married John G. Montgomery in 1815 in Williamson County, Tennessee. This is the same county to which Jordan Phipps had moved, probably by the time of the marriage. She then supposedly died in Yalobusha County, Mississippi.

The third witness was Thomas Normond. Although the surname looks like a variant spelling of something, he appears with the same spelling in a 1782 militia or tax list in Surry County, North Carolina. A deed abstract also shows Thomas Normond, again with the same spelling, as a witness to a Surry County deed in 1789 in which John Cox bought land from William “Saffoon” (almost certainly Laffoon).

The deed:

The Fields to Phipps deed is found in Wilkes County, North Carolina Deed Book C-1, pp. 364-365:

[p. 364}

Wm. Fields To Jordon Phipps

This Indenture made the 8th of October in the year of our Lord one thousand Seven hundred and ninety nine between Wm. Fields of Wilkes County & State of North Carolina of the one part & Jordon Phipps of Surrey County & State aforesaid of the other part Witnesseth that the Sd. [i.e. said] William Fields for and inconsideration of the Sum of one hundred Pound [as written] to him in hand paid in hand paid [as written, phrase repeated] by Jordon Phipps (the Receipt whereof is hereby acknowledged hath bargained granted Sold & Conveyd & by these presents doth grant bargain Sell & Convey unto the Sd. Jordon Phipps A tract of land Containing two hundred Acres Lying in Wilkes County & State of North Carolina on the long branch Begining on a maple tree & Coucumber tree on the north bank of Sd. branch a Small distance above Fa[?]shes improvements & Runs South one hundred and twenty Six & a half poles to a Stake on the top of the Mountain then west two hundred and fifty three poles to a Smal Locus on the flat on the north Side of the branch then north one hundred & twenty Six & a half poles to a Stake then east two hundred and three poles to the begining Together with all woods waters mines minerals heredetaments & appurtenences to the Sd. Land belonging to the Sd. Wm. Fields doth hereby bind himself his heirs & assigns forever well & truly to warrant the aforesaid land

[p. 365:]

Land premises with the appurtinences unto him the Sd. Jordon Phipps his heirs & assigns forever free & Clear from all incumberances and Claims whatsoever in Testimony whereof the Sd. William Fields hath hereunto Set his hand & Seal the date above written

William Fields (Seal)

Signed Seald & deliver’d in presence of us
Wm. Demoss
Bennet Dula
Thos. Normond

(wrote on the back)
North Carolina
Wilkes County
May term 1802
The within deed ws duly proven in open Court by the oath of Bennet Dula
Test Wm. B. Lenoir C.C

Additional references:

Ashe County, North Carolina Court Records, 1806-1819

The following appear in an original Ashe County, North Carolina record book titled Court Minutes, Wills, and Inventories. That record book is referred to as “Court minutes, 1806-1866” in the Family Search catalog. The vast majority of the book covers the period from 1806 into the early 1820s, but the last few pages suddenly jump to a bewildering hodge-podge of any and every kind of record (and date) imaginable, including complete wills, with dates going into the 1860s.

Image numbers below refer to Family Search’s digitized copy. The book is one of those many records which can only be accessed online through the “Catalog” option and not through the “Records” option. Because the handwriting is often horrible, something might have been missed. The references below, however, seem to be the only Phips or Phipps, etc. references. The surname was far most commonly spelled “Phips” in Ashe County records during this early period.

May term, 1806 (image 9 of 348):

Ordered by the Court that Wm. Connoly Esqr and John Tolliver be Judges at the Election held at Wm. Maxwells for the assembly and Wm. Harris and Samuel Phips Judges for Congress election [at?] Wm. Weaver & James Bunyard Judges at Court house for Assembly and Alexr. Smith & Jesse Ray for Congress at the Court House David Millar Esqr. and Capt Jno. Brown at 3 forks for Assembly and James McCaleb [or M. Caleb?] and Henrey Earnest for Congress at 3 forks

August term, 1806 (images 12, 17 of 348):

A grand jury on 11 August 1806 included “Saml Phips” (image 12 of 348). An “appeal jury” (image 17 of 348) included “Wm. phips.”

May term, 1807 (image 37 of 348):

William Phips Appointed Constable Enterd into Bond of £500 w[?] [Bat?] Ousten Security and Quallified Accordingly

May term, 1807 (image 45 of 348):

A number of individuals were summoned by the sheriff, including “Saml. Phips” “As Jurys for November term Next.”

May term, 1808 (image 67 of 348):

A Deed from Benjamin Long to Jno. Long Junr.  for 50 acres proven by the oath of Jno. Phips

August term 1808 (image 77 of 348):

Ordered by the court that ruben Ross Solomon Scott Wm. Whitteker [Jsd.?] Ba[s?] austin Jno. Burton Sam Phips Wm. Harris allin Burton Jn Phips Jn Tollever Wm. Tolliver Wm. Reavs Joseph Doughton Jno. Carrie Junr. Drury Carrel [?]d as a Jury To View and Lay of a road From Jno. Tollivers [Jnr.?] By Joseph Doughton To The Virginia line Leading Towards Grayson court House

November term, 1808 (image 88 of 348):

Ordered by the court that Jno. Fips Wm. Fips, Jesse Fips Jno Long Tobias Long Work Under Solomon Scott on the road from the Top of Peach Bottom Mountain To Tollivers Ford

May term, 1811 (image 127 of 348):

Ordered by the Court that Ruben Ross be Overseer of the road in room of [that is, in place of] George Phips the same Road and hands

May term, 1812 (image 145 of 348):

Andy Cox Jno phips & [French?[ [Conly?] Be E[xcused?] from [their? (looks like “thre”)] f[? (perhaps “fine”?)] for not attending as Jurors at may term

May term, 1813 (image 157 of 348):

Jno Landers thos Landreth [Cholls?] [Francis?] Ed Sisemore [that is, Sizemore] wm phips Excused from their Term [as jurors]

May term, 1814 (image 168 of 348):

The grand jury included “sam phips.”

November term, 1815 (image 179 of 348):

Various individuals were “alowed” so many cents “for guarding Gamble In jail.” Among them was what appears to be “Isaiah phips,” paid for one night. The name appears to probably read Isaiah, but the handwriting is horrible.

May term, 1815 (image 180 of 348):

originall panell sworn as follows to wit jese phips . . .

May term, 1815 (image 181 of 348):

The handwriting is extremely poor:

Jno Hood
vs
[Mos?] M[?]
Jurn Sworn
. . .; Jese phips . . .

A bit further down the page:

Jese phips Exempt as a Jurior

November term, 1816 (image 200 of 348):

State
vs
Land[?] Eggers
Jury Sworn . . .
georg phips . . .

State
vs
Jno Landers [or Sanders?]
Jury sworn & Impanld . . .
george phips . . .

November term, 1817 (image 220 of 348):

The grand jury Sworn & Impanld as follows . . .
jno phips . . .
Saml Phips . . .

May term, 1818 (image 227 of 348):

Grand Jury sworn & Impaneled as follows . . .

Originall Panel . . .

wm phips . . .

Jno Cox
vs
Mils Allen &
Terrell B Bledsoe
Jury . . .
wm phips . . .

May term, 1818 (image 229 of 348):

Ellender Williams
vs
[J?][?] [? (looks like “pouisee”)]
Jury sworn & Impanld . . .
Wm Phips . . .

May term, 1818 (image 230 of 348):

A Burton
vs
jno ford
Appeal . . .
[Jury:] . . .
Wm Phips . . .

May term, 1818 (image 231 of 348):

William Elleson
vs
Jese Reeves
Garnish[?]
[Jury:]
William Phips . . .

May term, 1818 (image 231 of 348):

Jonathan Baker
vs
peter Eller
& Wm [penington?]
Jury Sworn . . .
wm phips . . .

May term, 1818 (image 232 of 348):

Terrell B Bledsoe
vs
James Mulkey
Jury Sworn & Impaneld . . .
Wm phips . . .

May term, 1818 (image 232 of 348):

[Moress?] Baker
vs
Isaac Chapmen
Jury Sworn & Impaneld . . .
Wm phips . . .

May term, 1818 (image 233 of 348):

State
vs
Jno Williams
[? (looks like “musasble”) jury sworn & impaneld . . .
wm phips . . .

May term, 1819 (image 247 of 348):

Grand Jury Sworn & Impaneld as folows to wit . . .

The originall Panell – . . .
Jese Phips . . .

Ephram Mandeford
vs
Jacob [Micah?]]
Jury Sworn & Impanld . . .
Jese Phips . . .

May term, 1819 (image 250 of 348):

Moress Baker
vs
Jas [or Jos?] Baker
Jury sworn & Impaneld as follows . . .
Jese Phips . . .

May term, 1819 (image 251 of 348):

David Smith
vs
Jas [or Jos?] Patr[ik?]
Jury Sworn and Impand as folows . . .
Jese Phips . . .

Jese Greer
vs
Landr[ene?] Eggers
Jury Sworn & Impaneld as Follows – . . .
Jese Phips . . .

Jesse Phips
vs
John Wilson
Jury Sworn & Impanld
orderd the the [sic; word repeated] Present Entry taken [Ishue?] the Land warrants not [Isud? (for “issued”?)] on the old Books

John Fipps or Phips in Wilkes County, North Carolina, 1783

The following two Wilkes County, North Carolina deeds involve land purchased by John Fipps AKA Phips from James Mulky AKA Mulkey. Both deeds are dated the same, 29 July 1783.

Deed 1, James Mulkey to John Phips:

  • Consideration: £20
  • Acreage: 10 acres
  • Landmarks: Praters Creek, a mill site included

Deed 2, James Mulky to John Fipps:

  • Consideration: £100
  • Acreage: 100 acres
  • Landmarks: North side of Praters Creek (a branch of New River)

From Wilkes County, North Carolina Deed Book A1, p. 262, deed from James Mulkey to John Phips, 29 July 1783:

This Indenture Made this Twenty ninth day of July in the year of Our Lord one Thousand Seven hundred and of Eighty Three Between James Mulkey of the County of Wilkes in the State of North carolina of the one part and John Phips of the other part Witnesseth that the Sd. [i.e. said] James Mulkey hath For and in consideration of the Sum of Twenty pounds to him in hand paid by the Sd. John Phips the Receipt whereof he doth hereby acknowledge and himself therewith Fully & Entirely Satisfyed & paid hath bargained Enfeoffd [i.e. enfeoffed] and Sold unto the [sic; “said” missing] John] Phips his [sic; “and” missing] heirs a certain Tract or parcel of Land Situate Lying and being in the County aforesd. [i.e. aforesaid] and is bounded as followeth Beginning at the Sd. Phipps [spelled with 3 p’s this time] lower line & Runing down Praters creek Includeing a mill Site it being part of a larger Tract granted to the Sd. James Mulkey Containing Ten acres be the Same more or less And all buildings ways waters & water courses Profits commodities hereditaments and appurtinances whatsoever to the Sd. premises hereby granted & Sold & the Reversion & Reversions Rents Issues thereof and also all the Estate Right Title Interest Property Claim & demand whatsoever Touching or in any wise concerning The Same to have & to hold the Sd. Lands hereby bargained & Sold and every part & parcel Thereof with their & every of their appurtinances unto the Sd. John Phips his heirs & assigns Forever to the only proper use & behoof him the Sd. Phips his heirs and assigns forever And The Sd. James Mulkey for himself his heirs Exors. [i.e. executors] Adms. [i.e. administrators] & assigns doth Covenant [promise?] and grant to & with the Sd. John Fips his heirs & assigns by these presents that he the Sd. James Mulkey now at the Sealing & delivering of these presents hath a Sure Perfect & Indefeasable Estate of Inheritance in fee Simple in & to the Sd. Lands hereby bargained & sold & that he hath good power & Lawful authority to sell & convey the Same unto the Sd. John Phips in manner & form aforesd. and that the premises now are and so forever Shall Remain and be Clear of and from all Former gifts grants bargains grants & Sales Dower Right & Title of Dower Judgements Executions Troubles Charges or Incumberances whatsoever made done commited or Suffered by the Sd. James Mulkey or any other Person whatsoever (The quit Rents here after to become due & payable In respect of the premises only Excepted & foreprized and that he the Sd. James Mulkey & his heirs the Sd. premises hereby bargained & Sold with the appurtinances unto the Sd. John Phips and his heirs against him the Sd. James Mulkey and his heirs & all & every Person or Persons whatsoever Shall & will warrant & forever Defend by these presents In Witness whereof The Sd. James Mulkey hath hereunto Set his hand and Seal the day & year first Above written Signd Seald & deliverd in the presence of
Wm. Sturdie
Edward Cross
Wm. Lewis
[signed:] James his X mark Mulkey (seal)
Wrote on the back as follows (To wit)
Receiv’d of the within namd John Fipps [as spelled this time] the full Sum of Twenty pounds it being the consideration to be paid by him to me on the [“Reception” partly crossed out] Perfection of the within Deed
[signed:] James his X mark Mulkey (seal)
Witness William Sturdie
State of North carolina
Wilkes County
July Term 1783
The within Deed was duly acknowledged in Open Court By sd. James Mulkey and orderd to be Registerd. A True Copy
Regd. 30th Sept. 1783 4/pd. W.L Test G. Wheatley C C

From Wilkes County, North Carolina Deed Book A1, pp. 263-264, deed from James Mulkey to John Fipps, 29 July 1783:

[p. 263:]

This Indenture Made the Twenty ninth day of July in the year of Our Lord One thousand Seven hundred & Eighty Three Between James Mulky of the County of Wilkes in the State of North carolina & John Fipps of the Said County Witnesseth that the Sd. James Mulkey [spelled with “e” this time] hath For & in consideration of the Sum of One hundred pounds to him in hand paid by the Said John Fipps The Receipt wherof he doth hereby acknowledge and himself therewith fully & Entirely Satisfyed hath bargained Sold Set over unto the Sd. John Fipps and his heirs a certain Tract or parcel of Land Situate Lying & being in the County aforesd. [i.e. aforesaid] and is bounded as followeth Beginning on the North Side of Praters Creek a branch of New River at a wild Cherry Tree Runing East one hundred & Sixteen pole [sic; not poles] to a Dogwood Thence North one hundred & Thirty pole to a Spanish oak Thence west one hundred & Sixteen pole to a wild Cherry Tree Thence South one hundred & thirty Eight pole to the first Station. Containing one hundred acres be the Same more or less & all buildings ways water courses Profits Commodities hereditaments & appurtinences whatsoever to the sd. Premises hereby granted & Sold & the Reversion & Reversions Rents Issues thereof & also all the Estate Right title Interest & property Claim & demand whatsoever Touching or in any wise Concerning the Same to have and to hold the lands hereby bargained & sold & every part & parcel thereof with their & every of their appurtinances to the Sd. John Fipps his heirs & assigns forever to the only proper use & behoof of him the Sd. John Fipps his heirs And the Sd. James Mulkey for himself his heirs Exors. [i.e. executors] Adms. [i.e. administrators] and assigns doth covenant promise & grant to & with the Sd. John Fipps his heirs & assigns by these presents that he the Sd. James Mulkey now at the sealing & delivering of these presents hath a Sure perfect & Indifeasable Estate of Inheritance & in fee simple in & to Sd. Lands hereby bargained & sold & that he hath good power & Lawful authority to Sell & convey the Same unto the Sd. John Fipps in manner & form aforesd. & that the premises now are & so forever Shall Remain & be clear of & from all former gifts grants bargains & Sales Dower Right & Title of Dower Judgements Executions Troubles Charges & incumberances whatsoever made done commited or sufferd [i.e. suffered] by the Sd. James Mulky or any other person whatsoever (The Quit Rents hereafter to become due & payable in Respect to the premises only Excepted & forepr[i?]zd) & that the Sd. James Mulkey & his heirs the Sd. premises hereby bargained & sold with the appurtinences unto the Sd. John Fipps & his heirs against him the Sd. James Mulkey & his heirs & all & every person [&?] persons whatsoever Shall & well will warrant & forever defend by these presents In witness whereof the Sd. James Mulkey hath hereunto Set his hand & seal the day & year first above written – signd seald & deliverd in the presence of
W L [Lewis?]
Edward Cross
William Sturdie
[signed:] James his X mark Mulkey (seal)
Wrote on the back as follows To wit

[p. 264:]

Record of the within John Fipps the Sum of One hundred pounds it being the consideration to be paid by him to me On the perfection of the within Deed
Witness William Sturdie
[signed:] James his X mark (seal)

State of North carolina
Wilkes County
July Term 1783
The within Deed was duly acknowledged by Sd. James Mulkey And Ordered to be Registered A True Copy
Regd. 30th Sept. 1783 4/pd. W L Test Go. Wheatley C C

References pertaining to John Fipps or Phips:

References pertaining to James Mulky or Mulkey:

References pertaining to Praters or Prater’s Creek, AKA Prater Creek AKA Prathers Creek:

Joseph Fips of Virginia in North Carolina Deeds

Here are two vitally important early deeds from the now-extinct county of Bute in North Carolina. We’ve discussed these deeds in various earlier posts, but based on abstracts only.

The first deed, dated 12 February 1770, was from James Ransom of Bute County, North Carolina to Joseph Fips of Brunswick County, Virginia, for 300 acres in Bute County.

In the second deed, dated 9 August 1772, Joseph Fips and his wife Sarah Fips of Brunswick County, Virginia sold the same land which they had earlier purchased from James Ransom. The land was sold to Douglass Wilkins and Edmund Wilkins of Brunswick County, Virginia.

Since we don’t know what exactly was meant by some of the landmarks in the deeds, specifically “the main road at Mason’s & Park’s corner,”  “Ransom’s other land,” and the “run of Pease Quarter,” the land description is a bit cryptic. The description does refer to several individuals, however:

  • Willie Jones
  • James Ransom
  • Moseley
  • Mason or Macon and Park

As far as the “run of Pease Quarter” is concerned, this evidently does not refer to the name of a landowner, but was simply the name of a stream. Other area deeds, as abstracted, refer to “Possam Quarter Creek & Run,” a stream called Little Hobb Quarter,” and another called “Pore Sam Quarter Creek.” Some of those deeds also refer to the mouth of Pease Quarter and to the run of Pease Quarter.

James Ransom first sold this land to Joseph Fips in 1770. Earlier deeds refer to Ransom purchasing land in Bute County in 1768 and 1769. One in particular, dated 16 October 1769, shows Ransom as purchasing 230 acres in Bute County from Joseph Montfort of Halifax County. This was adjoining Willie Jones, Macon, and Park (hence Mason & Park’s or Macon & Park’s corner, presumably), and the run of Pease Quarter.

On the same day, James Ransom witnessed a deed in Bute County in which Joseph Montfort sold an additional whopping 1,200 acres to William Myrick of Brunswick County, Virginia. The land description refers to Pease Quarter and the “main road,” as in the Fips deeds. Also mentioned are Richneck or Rich Neck Creek, Bridle Creek, and Great Fishing Creek.

Regarding William Myrick, as just mentioned, and Willie Jones of the Fips deeds, the following should be noted: As mentioned in an earlier post, in 1770 Nathaniel Jones, perhaps a relative of this Willie Jones, sold land in Sussex County, Virginia to William “Felphs (Phelps?),” as abstracted, with the deed witnessed by William Myrick. Then in 1790 in Brunswick County, Joseph Phipps witnessed a 1790 Brunswick County deed to Owen Myrick.

Also, as mentioned in yet another earlier post, based on abstracts, “Benjn. ‘Phaips’ was one of the witnesses of a deed dated 12 May 1790 from William Myrick and his wife Lucy of Southampton County to William Land of Sussex County. This deed was recorded in Deed Book G, page 672.”

These references would suggest some sort of likely relationship between, on the one hand, Joseph and Sarah Fips of Brunswick County, Virginia, who bought land in Bute County, North Carolina and, on the other hand, a William “Felphs” and Benjamin “Phaips,” both of whom were in Sussex County, Virginia.

In fact, we do know of a “Phipps” family in Sussex County which is believed to be directly related to Phipps family of Brunswick County. We’ve even discussed at length the belief of Mrs. Howard Woodruff, in her 1972 book on Joseph Phipps and family of Brunswick County, that Benjamin Phipps of Sussex County and Albemarle Parish was the brother of Joseph Phipps, Sr. of Brunswick County. A Mason family, which perhaps connects to the Macon/Mason of the Fips deeds in Bute County, North Carolina, was involved with the Phipps or Phips family in Sussex County, Virginia.

The year before the Montfort to Ransom deed, in 1768, James Ransom had bought 150 acres in Bute County, with the land description mentioning Flatt Branch and adjoining Allen & Macon (Mason), as in Macon & Park or Mason & Park in the Fips deeds. In this 1768 deed to Ransom, the land is specifically referred to as part of land patented to Joseph Montfort.

The Joseph and Sarah Fips of Brunswick County, Virginia who appear in the following two Bute County, North Carolina deeds would appear to be Joseph and his wife Sarah Williams. They were discussed in various earlier posts, such as this one which places them into a pedigree based partly on Mrs. Woodruff’s research.

James Ransom of the Fips deeds looks as though he was probably the same individual who is referred to as James Ransom, Jr., Bute County sheriff, in other Bute County deeds. He appears to be discussed in a web post here, as having been in Brunswick County, Virginia earlier and in Granville County, North Carolina later, although it will take some time to sort through the info presented in that page.

Interestingly, also involved in Bute County, North Carolina real estate around this time was Allen Burton of Mecklenburg County, Virginia, who bought land in 1772 in Bute County, North Carolina. Was this the Allen Burton who connects to the family of Hutchins Burton which we’ve discussed in various posts, with various Phips or Phipps connections?

And who was this Willie Jones? Since some connections to Halifax County, North Carolina exist in the above, could he have been the famous “planter and statesman” from that county? Halifax is adjacent to Warren County, which came out of the short-lived Bute County.

That Willie Jones, with his name actually pronounced like “Wiley” Jones, is discussed in Wikipedia. Willie Jones had connections to Albemarle Parish, which at one time was in Sussex County and which is where Benjamin Phipps, apparent brother of Joseph Phipps, was living.

This identification of Willie Jones as the person in the Wikipedia article seems probable, when we consider that the article says that Willie Jones married Mary Montfort, daughter of Joseph Montfort. Again, before selling land to Joseph Fips which was adjacent to Willie Jones, James Ransom bought land, perhaps some of it being the same land, from Joseph Montfort.

We’ve noted unexpected Reeves, Burton, and Epps (also Eppes, Epes, etc.) connections again and again. One of Willie Jones’ daughters married John Wayles Eppes, as noted in the Wikipedia article about Willie Jones. Eppes had been earlier married to the daughter of Thomas Jefferson. (We’ve also noted various unexpected Jefferson or Jeaffreson connections, some of which have involved the Caribbean.)

From Bute County, North Carolina Deed Book 3, p. 186:

[in margin:]

Ransom
to
Fipps
Deed

[body of text:]

This Indenture made the 12th of February Between James Ransom of Bute & Joseph Fips of Brunswick County Virginia Witnesseth that the said James Ransom Junior for & in Consideration of the sum of one hundred & fifty Pounds Virginia money to him in hand Paid by the said Joseph the receipt whereof he doth Acknowledge hath granted bargained and Sold & by these Presents Doth for himself & his heirs grant bargain & Sell unto the said Joseph Fips one tract or Parcel of Land in Bute County Conaining three hundred Acres be the same more or Less Bounded by the Line of the Lands of Willie Jones on the east, by the old Line of Moseleys Patent on the westerly side as far as to the main Road at Macons [or Masons?] & Parks Corner, then Down by the main road along said Ransoms other Land Bounds to the run of Pease Quarter and by said run down to Willie Joness Line to the Begining, with all Improvements Priviledges & rights to the same belonging with the reversion & Reversions Remainder & Remainders & all the estate Right & title in Law or equity of him the said James Ransom in or to the same To have & to hold the same Land & its Appertenances unto him the said Joseph Fips his heirs & Assigns forever to the only Proper use & behoof of him the [“said” missing?] Joseph Fips his heirs & Assigns forever In Witness whereof the said James Ransom hath here unto set his hand & Seall the Date above Written

James Ransom Junior (seal)

Signed Sealed & Delivered
In presence of
John Macon

Bute County February Court 1771
James Ransom Junr. Acknowledged this Deed to Joseph Fipps and on Motion the same is Ordered to be Registered
Test Benn. M. [or Mc.?] Culloch [C. A.?]
the aforegoing Deed from James Ransom to Joseph Fipps having

[p. 187:]

Been Acknowledged in Bute Inferior Court of Pleas and Quarter Sessions and Ordered to be Registered the same is duly Registered this 2d. Day of May 1771 by

William Johnson Pub Regr.

From Deed Book 4, p. 10:

[in margin:]

Fipps
to
Wilkins
Deed
D[ebt.?] to
M[? (looks like “Mastmadase” or something similar)]
Johnson
[8th?] may 1775

[body of text:]

This Indenture made the 9th day of august 1772 Between Joseph Fips & Sarah Fips his wife of Brunswick County Virginia Douglass Wilkins and Edmund Wilkins of the said County Witnesseth that the said Joseph Fips and Sarah his wife for and in Consideration of the sum of one hundred & Eighty pounds Virginia money to him in hand paid by the said Douglass Wilkins & Edmund Wilkins the Receipt whereof they doth Acknowledge hath Granted Bargained and sold and by these presents doth for themselves & their heirs Grant Bargain & Sell unto the said Douglass Wilkins & Edmund Wilkins One track or parcell of Land in Bute County Containing three hundred Acres be the same more or Less bounded by the line of the Lands of Willie Jones on the East by the Old Line of Moseleys Patent on the westerly Side As far as to the main Road at masons & parks Corner then Down by the main Road Along the said Ransoms Other Land – bounds to the Run of Quarter [or Quanter?] and by the said Run Down to Willie Jones Line to the beginning with all Improvements priviledges & Rights to the same belonging With the Reversion and reversions Remainder and Remainders & all the Estate Right and title in Law or Equity Of him the said Joseph Fips and Sarah his wife in or to the same to have and to hold the same Land and its Appertenances Unto him the said Douglas Wilkins &

[p. 11:]

Edmund Wilkins their heirs And Assigns Forever to the Only Proper use & behoof of them Douglass Wilkins & Edmund Wilkins their heirs & assigns forever In Witness whereof they the said Joseph Fips hath hereunto sett their hands & seals the Date Above Written

Joseph his X mark Fips (seal
Sarah X Fips (seal)

Signed Sealed & Delivered
in prests. of us
John [P.?] [d.?] [kine?]

Bute County August Court 1772
Joseph Fipps and Sarah his wife (she being first privately) Examined and thereto Consenting Acknowledged this deed to Douglas[s?] Wilkins And Edmond Wilkins at whose motion the same is Ordered to be Registered

Test
Benn. Mc [or M?] Culloch C [C?]

The aforegoing Deed from Joseph Fipps and wife to Douglass & Edmond Wilkins having been Acknowledged in Bute Inferior Court of Please and Quarter Sessions and Ordered to be Registered the same is truly Registered this 8th day of Novr. 1772 by
Jas. Johnson pub. reg

William Phipps Deeds, 1819, Ashe County, North Carolina

The following are two deeds involving William Phipps, as found in Record of Deeds, Volume E, Ashe County, North Carolina. This William Phipps is referred to as of the State of Virginia.

His identity is not clear, but he could have been the person of that name who was a son of Samuel Phips, Fips, or Phipps, Jr. of Ashe County, North Carolina. Samuel was born about 1763 (his own 31 August 1850 testimony, Martin Gambill pension application); about 1760 (his own 22 July 1852 testimony, Thomas Baker pension application); about 1762 in North Carolina (1850 census), more likely Virginia; about 1755-74 (1800 census); or about 1765 or earlier (1810 census), and he died in 1854 in Ashe County, North Carolina. His son William was born about 1790-1800 (1840 census); about 1784 in North Carolina (1870 census); about 1785 in North Carolina (1850 census; 1856 Iowa state census); or about 1786 in North Carolina (1860 census).

The 2nd deed refers to “Coxes corner,” and various Cox associations are known involving Samuel’s family. A reference to a New River mentions a “drean” of the river. This word has been noted in other records, and may represent just an odd spelling of “drain,” referring presumably to a drainage basin or catchment area.

p. 167:

Pleasant Smith Deed to Wm. Phipps 50 [or 30?] acres

This Indenture made this 8th day of July 1819 between Pleasant Smith and Wm. Phipps both of the State of Virginia witnesseth, that the said Smith for and in consideration of the Sum of one hundred and fifty Dollars, to him in hand paid he hath granted, bargained, Sold & conveyed to the Said Wm. Phipps, his heires and assigns forever a certain tract of land on the waters of Grassy Creek and bounded as follows, beginning at a white oak on Greers line runing North Sixty three Degrees, East twenty four Poles, to a white oak Greers corner, thence North twenty Eighty Poles, to a White oak, thence East one hundred & Seventeen Poles to a Red oak, then South fifty Eight Poles to a Stake, then west to the Beginning Together with all and Singular my Right and title to which [?]ing myself my heires, executores, Administratores & assigns to warrant & forever defend the aforesaid land and premises to the aforesaid William Phipps his heires and assigns for ever free and clear from all incumberances and claims whatsoever.

In testimony whereof I the aforesaid Pleasant Smith hath hereunto Set my hand and Seal this day and year above written.

Pleasant Smith (Seal)

Test
John Baker
Jonathan Baker Jurat

North Carolina
Ashe County
August Term 1823 the within deed was duly proven in open Court by the oath of Jonathan Baker and ordered to be registered

Daniel Earnest D. C.

p. 176:

Pleasant Smith Deed to William Phipps 250 acres

This Indenture made this 6th day of July between Pleasant Smith and William Phipps both of the State of Virginia witnesseth, that therefore & in consideration of the Sum of three hundred and Eighty dollars to him the said Smith in hand paid, the receipt whereof is hereby acknowledged & himself therewith fully Satisfied and paid, he hath granted, bargained Sold, conveyed and confirmed to him the said William Phipps, his heirs and assigns forever two certain tracts of land containing two hundred and fifty acres [both?] Same more or less Situate on Grassy Creek on the waters thereof it being two tracts which is located together, and bounded as follows, Beginning at a double white oak on a knob standing on the South Side of Grassy Creek runing North one hundred and fifty four Poles crossing said Creek to a white oak, then west one hundred and fifty four Poles to a white oak on Lenoirs line, then Southward with Said Creek one hundred and fifty four Poles to a Red oak Standing on the line of the hundred acre tract, then west with the line of Said hundred acres one hundred and Six Poles to a Stake, then South ninety Poles to a white oak, then East one hundred and thirty two Poles to a Chestnut oak near a drean of new River then north sixty four Poles to a white oak, then East one hundred and Sixty Poles to a white oak Coxes corner, then north twenty Six Poles to a white oak in the line of the old hundred and fifty acres tract, then to the beginning, Together with all and Singular my right and title to which I bind myself my heires, executors, Administratores and assigns to warrant & forever defend the aforesaid land and premises to the aforesaid William Phipps his heirs and assigns forever free and clear of all incumberances, In testimony thereof I the aforesaid Pleasant Smith hath hereunto Set my hand and Seal this day and year above written

Pleasant Smith (Seal)

Test
John Baker
Jonathan Baker

North Carolina
Ashe County
August Term 1823 the within deed was duly proven in open Court by the oath of Jonathan Baker and ordered to be registered
David Earnest D. C.

More Samuel Phipps Land Grants, Ashe County, North Carolina, 1803

The following are two more Samuel Phipps land grants from Ashe County, North Carolina Record of Deeds, Volume B. Both are dated 1803. The first one refers to “the Poison Branch” and land adjacent to Stephen Landers. Poison Branch does not appear in modern-day USGS topo maps of Ashe County, so presumably the stream changed names.

The second includes a land description which begins from “a Spanish oak in Paris.” “Paris” is clearly written, but what it refers to is unclear. The document also refers to “Phipps Mill pond,” which indicates that Samuel Phipps must have operated a mill. Since land in Wilkes County became later (1799) redefined as Ashe County, is it possible that this explains a Wilkes County land grant we discussed earlier?

That grant was to James Williams, and involved land on Praters Creek near “Fipses Mill.” The previous post, linked above, discussed associations connecting James Williams with the Sizemores and with James Hart, who figure prominently in the Phipps Eastern Cherokee Applications.

We also discussed in that earlier post the fact that Samuel Phipps witnessed a deed involving John and Elender Phipps and land on Praters Creek. This was, of course, the same creek which was near “Fipses Mill.” No one seems to have ever identified this John and Elender.

As to the Stephen Landers whose land was adjacent to that of Samuel Phipps, he is mentioned in Ashe County Court of Pleas and Quarter Sessions minutes for 1808. At that time, he was summoned by the sheriff, along with various other individuals. Those individuals included Jesse Toliver. Samuel Phips testified on behalf of Jesse Toliver when he applied for a Revolutionary War pension.

Again, part of Wilkes became Ashe. A transcribed Wilkes court record, date unclear but apparently 1796, refers to Stephen Landers and Samuel Fips and others, “being on the south & north side of Potato Creek,” as ordered to work on a road “to the top of the Chestnut Ridge.” Also included were two of the Sizemores and Jesse “Reves” (Samuel’s father in law was George Reeves).

p. 82:

State Grant to Samuel Phipps 100 acres

State of North Carolina No. 388

To all to whoom these presents shall come greeting

Know ye that we for and Inconsideration of the sum of fifty Shillings for Every Hundred acres hereby [grantee?] paid into our treasury by Samuel Phipps have given and granted and by these presents Do give and grant unto the said Samuel Phipps a tract of Land containing one Hunared acres lying and being in the County of Ashe on the Poison Branch Begining at a Spanish oak near the old Road Runing west Eighty Eight polls to a white oak in Stephen Landers line then along sd [i.e. said] line one Hunared and seventy Six polls to a Red oak then East Eighty Eight polls to a Stake then to the first Station.

Entered the 10th of July 1802

As by the plat hereunto annexed doth appear togeather with all woods waters mines minerals Hereditriments and appertainances to the said Land belonging or appertaining to hold to the said Samuel Phipps his Heires and assigns forever yielding and paying to us such of money yearly as otherwise as our general assembly from time to time may Direct provided allways that the said grantee shall cause the 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

Intestimony whereof we have caused these our letters to be made pattent and our great seal to be hereunto affixed Witness James Turner Esqr and Governor Captain general and Commander in Chief at Raleigh the 29th Day of November in the 28th year of our Independance and in the year of our Lord one thousand Eight Hundred and three

[T.?] Turner
Wrote on the back thus

by Command
Wm. White Secretary

Recorded in the secretaries office
[A? or S?] Caswell [D? or P?] Sec

p. 83:

State Grant to Samuel Phipps 50 acres

State of North Carolina No. 387

To all to whoom these presents shall come greeting

Know ye that we fer and Inconcideration of the sum of fifty Shillings fer Every Hundred acres hereby [grantee? or granted?] paid into our treasury by Samuel Phipps have given and granted and by these presents do give and grant unto the said Samuel Phipps a tract of Land containing fifty acres lying and being in the County of Ashe Begining a [sic] Spanish oak in Paris and at the bank of sd [i.e. said] Phipps Mill pond Runing west along sd line one Hundred polls to a white oak his corner then North thirty Eight polls to a Stake then west one Hundred and thirty six polls to a white oak then South fifty polls to a Spanish oak in his old line Then East along sd line two Hundred and thirty six polls to a Stake then to first Station Entered 8th Febuary [sic] 1802

As by the plat hereunto affixed annexed doth appear togeather with all woods waters mines minerals Hereditriments and appertainances to the said Land belonging or appertaining to hold to the said Samuel Phipps his Heires and assigns forever yielding and paying to us such [?] of money yearly or otherwise as our general assembly from time to time may Direct provided allways that the said grantee shall cause this grant to be Registers office [sic; wording left out] 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 pattent and our great seal to be hereunto affixed

Witness James Turner Esqr[?] our governor captain general and Commander in Chief at Raleigh the 29th Day of November in the 28th year of our Independance and in the year of our Lord one thousand Eight Hundred and three by Command

J Turner
wrote on the back thus

Wm. White Secretary

Recorded in the secretaries office

[R.?] [W.? or H.?] Garaman [P.? or D.?] Sec