Re: James Litton who married Ann Thompson
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In reply to:
Re: James Litton who married Ann Thompson
Deena Cross 5/23/10
James Litten of Rowan County, North Carolina, was born 5 February 1740 in St. George Parish, Baltimore (now Harford) County, Maryland, son of Thomas and Ann (Hawkins) Litton/Litten, as Caroline DeBiasi points out. Here’s why I think she’s right: On 1 July 1776 James Litten “of Roan County and Province of North Carolina” entered a record into the Harford County Deeds saying that “by thefe prefents [I] doth grant bargain & Sell alien releafe & Conform unto the Said Samuel Litten Forty Acres of Land being part of a Tract of Land Called Margarets Mount heretofore by Thomas Litten Senior late of Baltimore County Deceased among other things in his last Will & Testament was devised to his son the aforesaid James Litten and being that part of the Land Called Margarets Mount..” [Harford County Deeds, James Litten deed 1776 JLG A 208; LITTEN, Samuel. Conveyances from James Litten in 1776].
This conveyance was to correct an error from Samuel Litten having sold the land some five or six years earlier and then finding it had a defective title. In order to clear this up James Litten also gave a power of attorney to Samuel in which he said, “WHEREAS THOMAS LITTON Senr. late of Baltimore County deceased did by his last Will & Testament among other things give devife & bequeath unto his son James Litton forty Acres of Land part of a Tract of Land Called Margarets mount being the Southermofs part of that Land called Margarets mount which said Thomas Litten held which Said forty Acres of Land the Said Thomas Litten devifed to his Son the said James Litten and the heirs of his body lawfully begotten and in default thereof or want of Such Issue then to Descend to Samuel Litten Brother to Said James and the heirs of his Body Lawfully begotten.And Whereas the Said James Litten at the time of his Fathers decease was abroad in the Army & did not return for a considerable Time afterwards, when he obtained his discharge from the Army and came home and Shortly afterwards Travelled to [place left to put name of county] County in North Carolina, where he the said James Litten Settled and marryed from whence he again returned to Baltimore County Maryland & Sell & desposes of the said forty acres of land devife to him as aforeward by his Father the aforesaid Thomas Litten Senr. deceafed & Convey the same to his Brother Samuel Litten by deed of bargain & Sale……” [Harford County Deeds, SAMUEL LITTEN, from James Litten P of A 1776 JLG A 205].
This, I think, is pretty conclusive proof that James Litton/Litten, son of Thomas and Ann (Hawkins) Litton/Litten, was a soldier, ended up in Rowan County, North Carolina, married there, and was brother of Samuel Litton/Litten. Where I think Ms. DeBiasi errs in saying this James married Sarah Osborne and was father of James Litten who married Ann Thompson.
“LITTEN, James (m) Ann Thompson, dau. of Henry Thompson, 12 June 1769 (bond) bondsmen and witnesses: Henry Thompson (w) Thomas Frabock”—p. 265, ROWAN COUNTY, NORTH CAROLINA, MARRIAGE BONDS, pt. 1, A-L, typed by Genealogical Society of Utah (July, 1937)].
Obviously James Litten Jr., born “Abt 1775” by Ms. DeBiasi’s reckoning, could not have married Ann Thompson in 1769, which is estimated to be six years before he was born. James Litten Sr. could have married Sarah Osborne in 1756, but I don’t find a record of it and Ms. DeBiasi reports that marriage took place in Maryland. James says in his affidavit he married in North Carolina, which corresponds to the marriage record above and given his age, the time is right. Furthermore, because he was a soldier he may have delayed marriage. But maybe I’ve overlooked something and there were two marriages or other explanations.
I’d be interested in more details about this James and his career. Has it been established that the James Litten who lived in and married in Rowan County is the same as James Litten in Catawba County? Obviously some of those North Carolina Littons were not members of the Baltimore/Harford County, Maryland Littons unless there is some connection considerably earlier than I’m aware, tying Caleb Litton into the first Thomas Litton.
Forgive me if this isn’t helpful; this is the first time I’ve posted on this Litton/Litten site. All the regular readers probably have all this worked out.
Before I sign off, note that below are transcriptions of the deed and the power of attorney I’ve referenced above. You may find them useful for your records.
James Litten)
to)Conve. 40 a, Margarets Mount
Samuel Litten)
THIS INDENTURE made this First day of July In the year of our Lord One thousand Seven hundred and Seventy Six Between James Litten of Roan County and Province of North Carolina of the one part and Samuel Litten of Harford County and Province of Maryland of the other part. Witnefseth that the said James Litten for and in consideration of the Sum of Thirty Eight Pound Current money of Pennsylvania to him on hand paid by the Said Samuel Litten at or before the Enfealing & Delivery of thefe prefents the receipt whereof he the Said James Litten doth hereby acknowledge & himself fully Satiffied Contented and paid and therefrom and from every part thereof doth exonerate acquit and discharge the Said Samuel Litten & his heirs Hath granted bargained & Sold Aliened Releafed & Confirmed and by thefe prefents doth grant bargain & Sell alien releafe & Conform unto the Said Samuel Litten Forty Acres of Land being part of a Tract of Land Called Margarets Mount heretofore by Thomas Litten Senior late of Baltimore County Deceased among other things in his last Will & Testament was devised to his son the aforesaid James Litten and being that part of the Land Called Margarets Mount which said Thomas Litten held as lay at the Southernmofs end thereof & next Contiquous to William Cox Mill & houfes as in and by the last Will & Testament of Thomas Litten Senr. deceafed my appear. Together with all the Houfes outhoufes Orchards Gardend (sic) Trees Woods Underwoods Fences Inclofures, Meadows, Ways Waters & Water Courses with all & Singular other the Improvements with the Diverfion & reverfions remainder & remainders rents Profits advantages Hereditaments and appurtenances whatsoever to the Said forty Acres of Land belonging or in any wife appertaining & also all the estate right Title Interest Property, Claim & Demand whatsoever as well in Equity as Law of him the Said James Litten in and to all & Singular the Said Forty Acres of Land & Premifes above Mentioned and of in and to all & every part and parcel thereof with the appurtenances To have & to hold all and Singular the Said Forty Acres of Land and Houfes, Hereditaments and Premifes abovementioned and every part and parcel thereof with the appurtenances unto the said Samuel Litten his heirs and afsigns to the only proper use and behoof of the Said Samuel Litten his heirs and afsigns forever, and the Said James Litten for himself his heirs and afsigns doth covenant & Grant to and with the Said Samuel Litten his heirs and Afsigns that he the Said Samuel Litten his heirs and afsigns Shall and may at all times forever hereafter peacably & Quietly have hold Occupy pofsefs & enjoy all & Singular the Said part or parcel of Land & Houfes Hereditaments & premifes Abovementioned with the appurtenances with the Let trouble hindrance Molestation Interruption or denyal of him the said James Litten his heirs or Afsigns and of all and every person & persons whatsoever. and the Said James Litten for himself his heirs Executors and Administrators the Said Forty acres of Land and Houses and all and Singular other the premife and appurtenances hereby granted bargained & sold unto the said Samuel Litten his heirs and afsigns to the only proper use & behoof of the Said Samuel Litten his heirs and assigns forever against him the Said James Litten his heirs and afsigns and all and every other person & persons lawfully claiming from by or under him his heirs or afsigns and against all and every other Person & Persons whatsoever Shall & will warrant & forever hereby Defend. And Farther that Whereas my Father the aforesaid Thomas Litten deceased did by his devise to me the aforesaid forty Acres of Land and Premifes in his said Last Will & Testament entail the Same on the Lawful heirs of me the said James Litten and in defect thereof to the lawful heirs of my Brother the aforesaid Samuel Litten. & Whereas I have received of my brother the said Samuel Litten the full Consideration of and for of and for the said forty acres of Land & Premifes to my Satisfaction and my Children have with me partook & received of the benefit thereof I am very desirious as much as in me lies to remote every Incumbrance and restraint to the full enjoyment of said premises to my Brother the Said Samuel Litten & Invest him with full power to Convey in full fee Simple to any parchafer whatever and as I am at this time in Harford County on a visit to my friends would willingly and freely comply with the requifites of the Land, in thofe cases made and provided but inasmuch as I understand the Provincial Court doth not set till September and Harford County Court not till the latter end of August and then Very uncertain of doing businefs through the prefent unhappy Commotions and my self at the distance of about six hundred miles from my family & place of abode Cannot Stay so long from them Therefore I the said James Litten do earnestly request and defire the Legislature of this Province or any Court of Indicature therein to pafs any Act of Afsembly or Judgment order & rule of Court to dock & cut off aforementioned entail & every reftraint and Incumbrance thereby on Said forty Acres of Land & Premifes. Or otherwife provide for the Conforming the right & Title of the Said Forty Acres of Land and Premifes to the Said Samuel Litten his heirs and afsigns in fee simple forever. To & for which purpofe I the Said James Litten for myself and my heirs & assigns do give & Grant to them & every of them any full & free Consent power Virtue and authority as fully as I might or could do were I perfonally prefent. And Lastly that the Said James Litten and his heirs shall and will from time to time and at all times hereafter at the reafonable request and proper covt. & Charge in the Land of the Said Samuel Litten his heirs or Afsigns make do and Execute a cause or procure to be made done & Executed all such further & other lawful & reafonable Act & acts thing or things device or Conveyances or afsurances on the Law whatsoever for the further letter and more perfect Granting conveying and afsuring all & Singular the aforementioned forty acres of Land & premifes with every the appurtenances to Said Samuel Litten his heirs & Afsigns as by the Said Samuel Litten his heirs or afsigns or his or their Council learned in the land Shall be reafonably devised advised or required
IN WITNESS whereof I have hereunto set my hand & affixed my seal the day & year first above written
Sealed & Delivered in prefence of
Amofs GarrettJames Litten (Seal)
Thos. Johnson
On the first day of July Seventeen hundred & Seventy Six Before us the Subscribers Two of the Lord Proprietary Justices of the Peace for Harford County Personally appeared James Litten party to the within and acknowledged the same to be his Act and deed & the within granted Forty Acres of Land & Premifes with the appurtenances to be the right and property of the within mentioned Samuel Litten his heirs and afsigns forever.Amofs Garrett
acknowledged beforeThos. Johnson
July first 1776 received of Samuel Litten the Sum of Thirty Eight pounds Pennsylvania Currency full consideration for the within granted Forty Acres of Land & premifes for me
Thos. JohnsonJames Litten
Amofs Garrott
Received & Recorded 4th of July 1776 pr.
John Lee Gibson Clk. [Harford County Deeds, James Litten deed 1776 JLG A 208; LITTEN, Samuel. Conveyances from James Litten in 1776. (Ref:L), Henry Peden, Jr. HARFORD COUNTIANS].
James Litten)
to) Power of Attorney
Samuel Litten )
WHEREAS THOMAS LITTON Senr. late of Baltimore County deceased did by his last Will & Testament among other things give devife & bequeath unto his son James Litton forty Acres of Land part of a Tract of Land Called Margarets mount being the Southermofs part of that Land called Margarets mount which said Thomas Litten held which Said forty Acres of Land the Said Thomas Litten devifed to his Son the said James Litten and the heirs of his body lawfully begotten and in default thereof or want of Such Issue then to Descend to Samuel Litten Brother to Said James and the heirs of his Body Lawfully begotten.And Whereas the Said James Litten at the time of his Fathers decease was abroad in the Army & did not return for a considerable Time afterwards, when he obtained his discharge from the Army and came home and Shortly afterwards Travelled to (place left to put name of county) County in North Carolina, where he the said James Litten Settled and marryed from whence he again returned to Baltimore County Maryland & Sell & desposes of the said forty acres of land devife to him as aforeward by his Father the aforesaid Thomas Litten Senr. deceafed & Convey the same to his Brother Samuel Litten by deed of bargain & Sale bearing date on or about the 5th Day of March Seventeen hundred and Twenty and the Said Samuel Litten Sells the said Forty Acres of Land to William Cox and pafses his Bond to Said William Cox to defend the Same Generally from all persons whatsoever as the Said James Litten had done in the Deed to Samuel. But on Said William Coxs examining into the papers & right to Said forty acres of Land discovered the Same to be Entailed in manner as above set forth and that Samuel Litten had Neglected to have the deed from James Litten to him timely recorded & therefore Invalid which Occafioned Considerable trouble to Said Samuel Litten as well as to Said William Cox and in order to Redrefs the same the Said Samuel Litten proceeds to his Brother in Carolina who granted him his Letters of Attorney to enable him to dock the entail a circumstance reguifite by Land which both Said James and Samuel Litten were Ignorant of and also to empower Said Samuel Litten to Convey the Land to Said William Cox his heirs or afsigns, but inasmuch as thefe Steps after all the trouble therein was thought insufficient for the intended purpofes the Said Samuel Litten by his humble Petition. Addrefsed the Governour & Afsembly for relief in the premifes which was read in both Houfes of Afsembly and was again refered on 23d June 1773 to a future day but the Afsembly broke up without pafsing an Act for the purpofes Aforesaid & nothing has since been done therein and the partys Still Labour under the same difficulty as above set forth, AND WHEREAS the Said James Litten is now returned on a Visit to his Friends in Harford County Maryland and is willing and defirous to do all in his power to remedy the ill conveniencys above set forth & enable his Brother Said Samuel Litten to Comply with his engagements to said William Cox hath executed a new Deed of Conveyance from him to Said Samuel Litten bearing Equal Date herewith but as the Provincial Court for this Province doth not set till September next nor Harford County Court till latter end of August next he cannott Stay so long from his family and place of abode,
THEREFORE KNOW ALL MEN by Thefe prefents that I the Said James Litten of Roan County in North Carolina for & in Consideration of the premifes aforesaid and for divers other good Causes & Considerations me hereunto especially moving have made ordained Constituted & appointed my truly & well esteemed Friend & Brother Saml Litten my true & Lawfull Attorney for me & in my name & Stead and for the Ufes & pnrpofes aforesaid to make do acknowledge and execute all and every matter and thing respufite in Land or equally or otherways for barring & docking the entail of Said Forty Acres of Land and Premifes as devised by my Father Thomas Litten deceased to me and the heirs of my body lawfully begotten or in default thereof to descend to my Brother Samuel Litten and his heirs & otherways by all Lawful ways and means whatsoever to empower my Said Brother Samuel Litten & his heirs to Convey the Said Land as Sold to William Cox his heirs or afsigns in fee Simple for ever Giving & Granting to ray Said Attorney my full power Virtue & Authority to act and do in the premifes as fully amply & Effectially to all intents Constructions & purpofes whatever as I myself might or Could do If I were personally prefent with Attorneys one or more under him to Act & again at pleafure to revoke.
IN WITNEFS whereof I have hereunto set my hand & affixed my Seal this first day of July Seventeen hundred & Seventy Six.
Sealed & Delivered in pretence of
Amofs GarrettJames Litten (seal)
Thos. Johnson
On the first day of July Seventeen hundred & Seventy Six before me the Subscriber two of his Lordships Justices of the peace for the aforesaid County, Personally appeared James Litten & acknowledged the within power of Attorney to be his Act and Deed for the ufes & purpofes therein particularly Exprefsed-
Amofs Garrett
Thos. Johnson
Received & Recorded the 4th Day of July 1776 p.
John Lee Gibson, Clk. [Harford County Deeds, SAMUEL LITTEN, from James Litten P of A 1776 JLG A 205].
More Replies:
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Re: James Litton who married Ann Thompson
Ken Hawkins 10/09/11
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Re: James Litton who married Ann Thompson
Kerry Bate 10/23/11
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Re: James Litton who married Ann Thompson