Because of the common practices at the time (read more about that here), and the fact that at the most they can only be 19 years apart in age, I don’t believe Jesse Stallings Jr. was Josiah’s father.

If Jesse Jr. was Josiah’s father he likely would have worded the 1801 deed such that he identified him as his son. In fact, he did that very thing several years later. Here is a deed whereby Jesse Jr. conveyed property to his son Etheldred in 1814.

The State of South Carolina 
Barnwell District 
Know all men by these presents that I Jesse Stallings of s’d District and State aforesaid. For and in consideration of the sum of five hundred dollars and Love and good will I have for my son Felldread[sic] Stallings I have granted bargained sold and by these presents do bargain sell and release unto the said Felldread[sic] Stallings my son all that plantation or tract of land containing two hundred acres more or less originally granted to Daniel Green situate in the district of Barnwell lying on Tims’s branch on the upper side of the upper three runs waters of Savannah River having such shapes forms and marks as will fully appear by a grant – And be to Remembered and fully understood that at my decease my son Felldread[sic] Stallings shall have possession and not before of said Land. And if I should die before my son Fell Dread Stallings shall have come to the age of Twenty One, then my Daughters Winney Stallings Judith Stallings Candis Stallings Nancy Stallings Happy Stallings Sarah Stallings shall have an equal part of the profits of said land till my son comes of age – Together with all and singular the rights, [illegible] hereditaments and appurtenances to the s’d premises belonging unto the s’d Fell Dread[sic] Stallings his Heirs and assigns and I do bind myself my heirs executors and administrators to warrant and forever defend the said premises against myself and every other person lawfully claiming or to claim any part or parcel thereof as Witness my hand and seal this the 31^st Day of December in the year of our Lord One thousand Eight Hundred and fourteen and in the 39^th year of the Independence of the United States of America. 
 
Signed sealed and delivered his   
In preasants[sic] of us Jesse X Stallings 
E.B. Bush mark 
Lewis Weathersbee 
 
South Carolina 
Barnwell District 
Personally came before me E. Bryan(t) Bush who being duly sworn sayeth that he was present saw Jesse Stallings make his mark for the purpose within mentioned and that he subscribed his name together with Lewis Weathersbee as witnesses at the same time. 
Sworn to before me this 31^st  
Day of December 1814 E.B. Bush 
Wm. Bibb J.P. 

Barnwell County Deed Book I, page 155

I believe it is very likely that Jesse Jr. and Josiah were brothers. Perhaps Jesse Jr. was a legitimate son born from a marriage between Jesse Sr. and his mother (name unknown). Being the only legitimate son would have enabled Jesse Jr. to inherit his father’s property without the need for a probate, and there were no other legitimate heirs to challenge it in a court of equity. There are between 12 and 19 years between Jesse Jr. and Josiah. Perhaps Jesse Sr.’s wife died and he didn’t marry Susannah Moody. Here is a deed whereby Jesse conveyed to his daughters whom he refers to with the surname “Odom Stallings.”

State of South Carolina 
Barnwell District 
 
Know all men by these presents that I Jesse Stallings of the State and District aforesaid for the love and affection which I hear for my five Daughters to wit, Winny Willson Judith Odom Stallings Candy Odom Stallings Nancy Odom Stallings Happy Stallings and for the consideration of the sum of ten Dollars to me in hand paid by my five said Daughters to wit Winny Wilson Judith Candis Nancy and Happy hath bargained and Sold Give Deeded and delivered and by these presents do bargain sell Give Deed and Deliver unto my said five Daughters with this condition that they shall pay unto my Daughter Sarah Stallings when she shall arrive to the Age of twenty One or Married the sum of fifty Dollars then after my death my five Daughters to wit Winny Wilson Judith Odom Candis Odom Nancy Odom and Happy Stallings shall be and remain in full possession of my four Negroes Namely Fany and her future issue Silles and his issue Will and Daniel together with all my Stock of Horses Cattle and Hogs with the increase and also all my Household and kitchen furniture to have and to hold all and Singular the Premises above mentioned unto my said four Daughters (to Wit) Winny Willson Judith Candis Nancy and Happy Stallings their heirs and assigns forever Given under my hand and Seal this 29^th day of August 1818. Also all the improvements that is made upon my lands from the 29^th day of August 1818 until my death my Daughter shal have an Equal part of the same what it may be valued at and Signed in the presents[sic] of us. 
E.B. Bush his 
Lewis Weathersbee Jesse X Stallings 
mark 
 
South Carolina 
Barnwell District 
 
Personally came before me Bryant E. Bush and he being duly Sworn as the law directs saith on his oath that he was present and Saw Jesse Stallings make his mark to the within Deed and also saw him Deliver the said Deed to Winny Wilson Judith Odom Stallings Candis Odom Stallings Nancy Odom Stallings and Happy Stallings for the use and purpose within mentioned and also saw Lewis Weathersbee subscribe his name as an Evidence of said Deed with my Own name Sworn to before be 29^th August 1818. 
Thomas Morris J.P. 
E.B. Bush 
 
Recorded the 11^th Sept 1818 

Barnwell County Deed Book K, page 309

It’s also possible that they are cousins. But there does seem to be a close connection between Stallings and Moody and Odom. John and Joel Moody were neighbors of Jesse Sr.’s in Franklin County, NC. (I have never been able to locate Susannah Moody.) And remember the Shadrack Odom Revolutionary War indent?

One possible reason for the wording in those crazy deeds is so that Josiah and John would thereafter be legally known by the father’s surname. There were no laws to facilitate name changes in the county courts at that time. Name changes in the early 19^th century were granted by the legislature. There is no mention of name changes for Stallings, Moody or Odom in the legislative documents to 1836 that I can find.

It makes sense, then, that Jesse Jr. would convey land to “Josiah Stallings called son of Susannah Moody” in order to “legalize” Josiah’s use of the Stallings surname. The fact that Josiah then conveys to “John Stallings called son of Candace Odom” in exactly the same way also may support the theory that Jesse is not Josiah’s father. Josiah is clearly not John’s father, based on their respective ages.

Another reason that it makes sense to conclude they are brothers is that you can see a pattern of naming children after one’s siblings amongst the immediate family members at that time.

One possible fly in this ointment is that Jesse Sr. would need to be alive in 1771 or later, when Josiah was born. John was born in about 1787.

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In my analysis of Josiah and Jesse Stallings, the issue of illegitimate birth is raised when interpreting those crazy deeds.

It is highly likely that the reason Josiah and John Stallings are identified by the phrase “called the son of Susannah Moody” and “called the son of Candace Odom” is that their respective fathers were named Stallings and were not married to Susannah and Candace.

You may also find the term “common law marriage” used in these situations. Barbara Langdon published a very useful book Barnwell County Marriages, 1764-1859: Implied in Barnwell County, S.C. Deeds. In it, she notes “common law marriage” for any deed that deals with illegitimate children.

I reviewed all the deeds Langdon identified with “common law marriage.” Any time a father conveyed property to his illegitimate children, the deed would state that the child was his and most also included gift deed language: “for and in consideration of the love and affection …”. Following are some excerpts.

“by love and affection, as also by other notions…moving, as also in consideration of fifty dollars in hand paid…unto Margaret, Daniel, Elenor, and William Parker Gordon, sons and daughters of Margaret Parker a tract of land whereon now live…”.

Conveyance by Patrick Gordon, Barnwell County Deeds Book F, page 134

“for and in consideration of the love and affection that I do bear towards Elizabeth Bright and the children I have had by her by living with me…” ..

Conveyance by Thomas Green, Barnwell County Deeds Book M, page 129

“for and in consideration of the love good will and affection which I have and do bear towards my two children namely Also B. Mallard and Sary Ann E. Mallard”

Conveyance by John Middleton, Barnwell County Deeds Book T, page 85

Do I call you a criminal?

One of the reasons deeds were used to give property to illegitimate children is that they could not inherit. Illegitimate children did not have the same rights as children born from a marriage, and having an illegitimate child could result in criminal prosecution.

The act of assembly of 1795, enacts that if any white woman be delivered of a bastard child, and shall, after the birth, voluntarily give information that such child will become a burthen to the district, and will declare who the father is, the magistrate, before whom the information is given, shall issue his warrant to apprehend the putative father, who shall enter into a recognizance, &c. And should the person so accused refuse to enter into a recognizance, &c., he shall be committed to prison until he shall comply; or, should he deny he is the father, a jury shall be charged to try the question whether he is the father or not.

State v. Clark, 4 S.C.L. 386, 387 (S.C. Const. App. 1810)

Better pay up!

If you are investigating a possible illegitimate birth in this early time period, be sure to check out the court minutes. Mothers were called before the judge to identify the father and the father was required to a post bond to offset the government’s financial responsibility of caring for the child. Following is a particularly entry from the minutes of the Winton County court.

The County against Elizabeth Myrick bastardy

Elizb. Myrick came into Court and swore that Dennis Murphey of the Congaree is father of a bastard child called Lany; that the father of John another bastard child is Edward Southwell, deceased; that the father of Mary another bastard child was also the said Edward Southwell and that the father of Sarah, another base born child is William Southwell. The Court fined the said Elizabeth Myrick fifteen pounds proclamation money to be paid within nine months.

The court have ordered that Sieri facias be issued against Dennis Murphey of the Congaree and William Southwell of Winton County to show cause why fines should not be levied on their estates.

…

State vs That/Eli Myrick appear within one month at the clerks office and give security to indemnify the county for the maintenance and support of the following illegitimate children Amy, John, Mary & Sarah fifty pounds each.

Winton County Court Minutes 17th Oct. 1787; 18th Jan 1788
Transcribed in Winton (Barnwell) County South Carolina Minutes of County Court and Will Book 1785-1791
by Brent H. Holcomb

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In Part 2, I said we’d take a closer look at the chain of title to the 40 acre parcel conveyed from Jesse to Josiah.

In 1786 Lewis Weathersbee was granted 40 acres of land on Upper Three Runs of the Savannah River between Tims Branch and Stamp Branch.[1]

In 1787 Weathersbee sold the 40 acres to Hannah Conway.[2]

In 1789 John Brazell sold the 40 acres to James Jackson. I haven’t located a deed or deeds from Conway to Brazell, but we know it’s the same 40 acres because the 1789 deed states the 40 acres was originally granted to Lewis Weathersbee and conveyed by him to Hannah Conway.[3]

Around the same time, James and Elizabeth Jackson sold the 40 acres to Jesse Stallings.[4]

They Mysterious Conveyance

In 1801 Jesse Stallings conveyed the 40 acres to Josiah Stallings.[5] This deed is perhaps the most important early record for this family. It is also very unusual, which is why I am including the full transcription here.

The State of South Carolina
Know all by these presents that I Jesse Stallings of Barnwell District in the State aforesaid for and in consideration of the sum of forty dollars have granted bargained sold and released and by these [illegible] do bargain sell and release unto Josiah Stallings Cald son of Susanah Moody of the State and District aforesaid by him paid at [illegible] delivery of these [illegible] are that plantation or tract of land containing forty acres originally granted to Lewis Weathersby which that plat thereunto annexed will shew[sic] and bearing date the fifth day of June one thousand seven hundred and eighty-six and is recorded secretaries in grant book LLLL page 432. Also fifty acres taken out of a tract of one hundred and fifteen acres originally granted to James Jackson beginning at a stake corner of Absalom Green’s next to Tims Branch and running near north west to Minor’s Corner thence with Minor’s line, North East to Weathersby’s Corner thence near south to Absalom Green’s line near due west to the beginning and bearing date this fourth day of December one thousand seven hundred and eighty-six and is recorded secretaries in grant book QQQQ page 304 together with all and hereditements  and appurtenances to the said premise belonging or any wise incident or appertaining to have and to hold all and singularly [illegible] premises before mentioned unto the said Josiah Stallings Cald son of Susanah Moody his heirs and assigns forever and I do hereby bind myself my heirs executors and administrators to warrant and forever defend [illegible] and singular the said premises unto the said Josiah Stallings Cald son of Susanah Moody his heirs and assigns against myself and my heirs and against every person whomsoever lawfully claiming or to claim the same or any part thereof witness my hand and seal this first day of February in the year of Lord one thousand eight hundred and one and in the twentieth year of the American Independence.
 
Signed sealed and delivered                                                   Jesse {his mark} Stallings
[witness signatures illegible]

Barnwell County Deed Book 2, pages 264-265

Two years later in 1803 Josiah sold the 40 acres to John Stallings. This is an equally important deed for which I will also include the full transcription.[6]

The State of South Carolina

Barnwell District

Know all men by these presents that I Josiah Stallings cald son of Susannah Moody of State and district aforesaid for and in consideration of the sum of two hundred dollars have granted bargained sold and released and by these presents do grant bargain sell and release unto John Stallings cald son of Candace Odom of the State and district aforesaid by him paid as and before the sealing and delivering of these presents all that plantation or tract of land containing forty acres originally granted to Lewis Weathersby which the plat thereunto annexed will shew[sic] & bearing date the fifth day of June one thousand seven hundred eighty six recorded secretaries office in Grant Book LLLL page 432 also fifty acres taken out of a tract of one hundred and fifteen acres originally granted to James Jackson beginning at a stake corner of Absalom Green’s next to Tims Branch and running near North west to Minors corner, thence with Minor’s line North East to Weathersby’s corner, thence near South to Absalom Green’s line, thence near due West to the beginning and bearing date the fourth day of December One thousand seven hundred eighty six, and is recorded secretaries office in grant book QQQQ page 304. Together with all and singular the hereditements, and appurtenances to the s’d premises belonging, or in any wise incident or appertaining, to have and to hold all and singular the premises before mentioned unto the said John Stallings cald son of Caldace[sic] Odom his heirs and assigns forever; and I do hereby bind myself, my heirs, executors, and administrators to warrant and forever defend all and singular the said premises unto the said John Stallings cald son of Candace Odom, his heirs and assigns, against myself and my heirs, and against every person whomsoever lawfully claiming or to claim the same or any part thereof. Witness my hand and seal this twenty seventh day of October in the year of our Lord One thousand eight hundred and three and in the twenty eighth year of the Independence of the United States of America.
Signed sealed and delivered                                           Josiah Stallings
In the presence of us
William Tyler
Joshua Collins

Barnwell County Deed Book 3, pages 64-65

So why was Josiah called the son of Susannah Moody? Why was John called the son of Candace Odom? I asked a couple of genealogists if they had ever seen a deed with similar wording and the answer was no. Here are some explanations that were offered.

Barbara Vines Little is a professional genealogist certified by the Board for Certification of Genealogists. I asked her what she thought. She provided two possibilities.

1. If there were other men in the area with the same name, this may have been a way to identify them and the mothers were remarried.
2. Perhaps Josiah and John were illegitimate. However this isn’t the usual way of identifying illegitimate children.

When I asked Barbara Langdon who has done extensive research in Barnwell County, South Carolina and has published books abstracting the information in Barnwell County deeds and estates she said:

When the word “called” is used it denotes illegitimacy. If someone needed to denote between two men of the same name, they would say “the younger or the elder” even if they were not father and son as we know it or “Josiah Smith, son of John Smith” or “Josiah Smith, cooper or shoemaker”.

Email from Barbara Langdon

I asked Diane Richard who is also a professional genealogist. Here is what she said.

Even if remarried, I haven’t seen a reference to “called” just that someone was the son of xxx (and that person has a different surname) or that son of xxx now xxx (after remarrying).  And, yes the use of Snr/Jnr, giving a location (Tripps creek vs Adams creek), sometimes even “son of” were all ways to differentiate like-named individuals.  I have NEVER seen “called”.

Email from Diane Richard

I asked Bob Baird who writes articles for his website Bob’s Genealogy Filing Cabinet. Here is what he had to say:

The “called” bothers me.  It suggests that the relationship might be locally accepted or acknowledged but not literally accurate.  

If it weren’t there, then Josiah Stallings #1 could be the son of Susannah Moody by a previous husband.  Or her illegitimate son if she were a Stallings who later married a Moody.  Or even a Moody who now uses the Stallings name.  But none of those relationships need to be modified with “called”.  So it literally sounds like he is known around town as the son of Susannah Moody but isn’t of her blood.

Is there any chance that Susannah Moody and Candace Odom were married women who were ne Stallings?  

Just FYI, I saw a case in Chesterfield District where a couple had several children together but were unable to marry, presumably because one or the other was previously married and perhaps deserted by the spouse.  Their children were given the surname of the father by a circa 1805 legislative act.  Of course, that did not make them children of the father for legal purposes (for purposes of parental rights or inheritance) but it did change their names.

Email from Bob Baird

What do you think?

[1] South Carolina State Grants, vol. 12, page 432, 5 June 1786

[2]Barnwell County Deed Book 1, pages 15-17, 5 February 1787

[3] Barnwell County Deed Book 1-A, page 22 (aka Winton County Deed Book 1-A)

[4] Barnwell County Deed Book 1-A 151-153 (aka Winton County Deed Book 1-A)

[5] Barnwell County Deed Book A, page 264, 2 January 1801

[6] Barnwell County Deed Book 3, page 64, 27 October 1803

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My last few articles take a deep dive into analyzing the connection between Jess and Josiah Stallings. I’m going to briefly digress and fast forward in time to Josiah’s death. The last time I talked about that was to tell you that he was shot in the face by his slave in 1836. He died without a will and there are quite a few post-death records with comprehensive details of his estate. The records have been a good test of how well my research will hold up to the standard that expects us to weigh the validity of a source based on several criteria, including who provided the information and how close in time to the event the information was recorded. There are so many details I could dissect here, but the main purpose of this post is to share my transcription of one of the earliest records.

This is a Petition for Sale of Real Estate. The petition was filed in the Court of Common Pleas. These petitions are not available online and are not indexed online. They are also not available at the South Carolina Department of Archives and History. As far as I know they are only available at the Barnwell Courthouse in Barnwell, South Carolina. Side note: If anyone is reading this who lives near there and would like to do some digging, please let me know!

The petition lists all the pieces of property that Josiah owned at the time of his death and who purchased each parcel. This is an extremely important document, as this information was recorded within months of Josiah’s death. A case was filed later in the Court of Equity that also lists the property and the purchasers. That case was filed in about 1852. More on all that later, but it could be that the information in this record is more accurate than in the later case.

I transcribed the document from photos a very nice lady took for me. Because I don’t know the order that the pages were found in the bundle, I simply noted “[page]” at the beginning of each new page. One of the photos was too blurry to read.

In Part 1 of this series, I started with estimating birth years of Jesse Sr., Jesse Jr. and Josiah to hopefully narrow down the possibilities. Now let’s see what the other records have to say about a possible connection. We’ll start with the land records.

Picking up where we left off in “Jesse Stallings, Sr. and Jr?” we find Jesse mentioned as an assignee of Revolutionary War service payments due to Shadrack Odom’s widow Sarah.

Sarah Odom signed a declaration on 6 August 1784 confirming her deceased husband’s military service. It was witnessed by W. Dunbar, justice of the peace. An indent certificate was issued for the sum owed to Shadrack by the state for his service. Daniel Green signed a receipt that he received full satisfaction on the account 26 July 1785 “by order of Sarah Odom,” meaning Sarah authorized Daniel Green to receive payment on her behalf. Sarah then assigned her interest to Jesse Stallings, which he received in discount of purchase of land.

Rec’d full satisfaction for the within in disc’t of purchase of land for Jesse Stalions. [Signed] W. Dunbar. February 1787

At the bottom of the page is this:

I do assign the right of the within indent to Mr. Jesse Stallings as witness my hand this __(18th?) Sept’r 1786. [Signed] Sarah Odom, Admr [Witnessed] John McElhenny

Now let’s find the land. But first a look at the legal mechanism in place at the time for obtaining vacant land.

Acts were passed by the South Carolina legislature in 1784 and 1785 providing for the sale of vacant lands at $10 for every 100 acres.[1] These are the steps of the land grant process:

1. Settlor petitioned governor in council for land
2. Governor or council will issue warrant for survey
3. Surveyor general would survey the land and return a plat to the secretary
4. Secretary wrote land grant that the governor or council will approve[2]

Three plats were recorded in 1784 and 1785 for Jesse Stallings in Barnwell District. Only one grant was issued. The plats were for 297 acres, 200 acres and 150 acres and the parcels were located on Pen Branch of the Savannah River. The grant was for 140 acres on Pen Branch and Four Mile Branch of the Savannah River. The parcel was part of a grant to John Hall of 8,758 acres. On 26 December 1790, Jesse sold 100 acres of this parcel to Daniel Odom. The deed was witnessed by Absalom, Reuben and Needham Green. 40 acres would be left.

On 3 October 1789 Jesse purchased three parcels from James and Elizabeth Jackson. One parcel of 40 acres was originally granted to Lewis Weathersbee in 1786 and located between Tims Branch and Stamp Branch of the Upper Three Runs. Another parcel of 115 acres was originally granted to James Jackson and located on Tims Branch. The third parcel of 150 acres was originally granted to Daniel Green and located on Tims Branch. The deed was witnessed by William and Absalom Green.

Jesse then sold or transferred parcels. On 1 January 1801 Jesse sold the 40 acre parcel and 50 acres of the 115 parcel to Josiah Stallings, who in turn sold the same two parcels to John Stallings. On 20 June 1812 Jesse sold 50 acres of the 150 acre parcel to Silas Stallings. 165 acres would be left. More on these in Part 3.

Jesse transferred two parcels 13 years later on 31 December 1814. One parcel of 200 acres he transferred to his son Etheldread Stallings. This parcel was located on Tims Branch and identified as land originally granted to Daniel Green. Given the description in the deed and number of acres (200) being so close to the balance of the acreage left over after the previous transfers (205), we might assume the parcel given to Etheldread was the acreage remaining from the previous sales combined into one parcel. The deed was witnessed by E. Bryant Bush and Lewis Weathersbee.

On the same day Jesse transferred another parcel of 70 acres to E. Bryant Bush. A document was not located recording a transfer to Jesse of this parcel. However, it is described as land originally granted to George Galphin and belonging to Mr. Wilson. The George Galphin grant of 100 acres was located, as well as a transfer to Jeremiah Minor. No transfer from Minor to Wilson was located. The deed was witnessed by Thomas Morris and Lewis Weathersbee.

No other documents were located wherein Jesse was the grantor or grantee of land. Next up, well take a closer look at the chain of title of the 40 acre parcel.

[1] A Digested Index of the Statue Law of South Carolina from the Earliest Period to the Year 1836, inclusive, By  William Rice, published by J.S. Burges in Charleston in 1836, page 383

[2] http://www.scencyclopedia.org/sce/entries/land-granting/

You can read my analysis of the earliest Jesse Stallings records here. Based on my analysis of those records, I estimate Jesse Jr.’s birth year to be about 1759. Based on the data reported on three censuses, Josiah Stallings was born between about 1773-1775.Therefore, I would guess that Jesse and Josiah were not father and son because they would only be about 16 years apart. Of course, it’s not impossible that Jesse was Josiah’s father, but it is somewhat unlikely. I also concluded that it is likely Jesse Sr.’s sons were not born before 1746 because they were no sons 16 years of age or older on the 1762 tax list. Of course, this could also mean that Jesse’s sons were old enough to have moved out on their own. However, that is not consistent with the other data that supports Jesse Jr. being born in about 1759.

Of course any analysis to determine 18th century birth years, absent birth or baptismal records, requires making some assumptions. When looking at Josiah’s estimated birth year, one must assume that the 1810, 1820 and 1830 federal censuses for Barnwell County are correctly marked. If we look at the age range marked on these censuses for the Josiah Stallings household, together with the estimated birth year of his oldest child, we might conclude that Josiah was born between 1771 and 1775.

Let’s break that down. Josiah’s oldest child that we know of who survived was Sarah. She is reported to be 53 years old on the 1850 federal census, enumerated in September. Therefore her birth year is estimated to be 1796. Let’s assume Josiah was at least 21 years old when she was born. That would mean he was born no later than 1775. Here is a chart to demonstrate the ages within the range marked on the three censuses.

It does fit rather nicely together.

As I mentioned earlier, it is unlikely that Josiah is the son of Jesse, Jr. Could he be the son of Jesse, Sr.? In my earlier article, I mentioned a possibility that Jesse, Sr. died between 1768 and 1771. Hey – it looks like Josiah could be the son of Jesse, Sr! It was not unusual to have children 16 years apart. Josiah’s oldest and youngest child were 28 years apart. But then what about that outside-of-probate transfer of property that would usually only happen if Jesse Jr. was the only heir? Well then if Jesse Sr was the one who moved to South Carolina this could work. Still no probate though. Hmmmmm…

What about that Jesse Stallings from Franklin County, North Carolina anyway?

On May 29, 1761 John Anthony received a grant of 383 acres of land in Granville County, NC. After county boundary changes, this land was located in Franklin County.[1]  On May 7, 1762, Jesse Stallings purchased the 383 acres from Anthony for 22 pounds, ten shillings. [2]  Beginning in 1767 parcels of this Anthony grant were sold in three separate transactions.

The sale of the parcels are as follows:  (1) In 1767 Jesse sold 308 acres to Moses Stallings[3]; (2) 42 acres to William Symmons[4]; and (3) in 1787, Jesse sold 40 acres to Rueben Stallings[5]. All three deeds were signed by mark. Was it the same Jesse Stallings who was the grantor of all three deeds?  In the 1787 deed only, Jesse is identified as being from South Carolina.

A Jesse Stallings acquired land in Barnwell County, South Carolina between 1784 and 1786.[6] There are no other Jesse Stallingses in South Carolina at this time. This seems to imply that the Jesse Stallings who sold the land in Franklin County, NC in 1787 to Reuben Stallings is the Jesse Stallings who acquired land in Barnwell County, South Carolina 1784-1786.  But is the Jesse Stallings who acquired the land from John Anthony in 1762 the same Jesse Stallings who sold the property in 1787 and moved to Barnwell County?

While it was legal for a minor to own land, for the following analysis I will assume Jesse was at least 21 when he acquired the land from Anthony because a minor could not have sold land. Therefore, if Jesse acquired the land in 1762 and was 21 years old, Jesse would have been 46 in 1787 and born in about 1741.

The Barnwell County Census

On the 1800 Barnwell County census there is one Jesse Stallings. There are two adult males in the household. One is age 16 – 25 and the other is age 26 – 44.

On the 1810 Barnwell County census there is one Jesse Stallings. There are again two adult males in the household. One is age 16 – 25 and the other is 45 and over.

If the same Jesse who acquired the Anthony land is the same Jesse who appears on the Barnwell County 1800 census, the census would be incorrect. Even using the oldest age of 44 wouldn’t make Jesse old enough to be 21 in 1762. In fact, he would only be four years old. The 1810 census would be correct because he could be any age over 45.

The censuses do sometimes contain mistakes; however, note that on the 1800 census, the only adult female in the household is also marked age 26 – 44. Also note that the age of 45+ on the 1810 census logically follows the 26 – 44 age range on the 1800 census. Also, 15 years is a big age difference to have been mis-marked. Therefore, this census data alone doesn’t exhibit any discrepancies.

Early North Carolina Records

Let’s look at other records for Jesse.  Some North Carolina records available in the relevant time frame and county are the Oath of Allegiance of 1775-1776, court minutes, juror lists and tax lists.

To narrow down where to look, let’s chart out where Jesse would be during the relevant time frame. Bute County was formed in 1764 from part of Granville County. In 1779, Bute County was split in half to form Warren and Franklin County. The 1787 deed being in Franklin County indicates that the land was in the area of Granville County that eventually became Franklin County. Therefore:

The 1762 tax list for Granville County, NC, reports Jesse Stallings as the only taxable person in the household and living in St. John’s District. Also living in St. John’s District is a John Stallings. Jesse Stallings is also reported on the list of insolvents.

Jesse appears on the 1766 tax list for Bute County, NC.

Research Tip for Colonial North Carolina Tax List

A note here that might help if you’re using Ancestry.com to search North Carolina tax lists. They have two searchable records in their catalog called “North Carolina Taxpayers, 1701-1786” and “North Carolina Taxpayers, 1679-1790. Vol. 2.” These are both abstracts by Clarence E. Ratcliff. However, the Granville County 1762 tax list information that I stated above is not included in either of them.  So make sure you look at all available sources.

And did you know that The Colonial records of North Carolina: published under the supervision of the trustees of the public libraries, by order of the General Assembly has been digitized by Family Search and is text searchable? Check it out here.

The 1771 tax list for Bute County can be viewed on FamilySearch.org and also in a book 1771 Bute County, North Carolina tax list, published by Mountain Press.  Jesse does not appear on the 1771 tax list.

A transcription of the oath of allegiance for Bute County is available online here. The oaths were signed between 1775 and 1776.  Stallings men who signed were Elisha, Moses, Elijah, Josiah, Reubin, Elias, Moses, all in Captain Milner’s district. Jesse’s name is not on the list.

Jurors are reported in the Bute County, North Carolina: Minutes of the Court of Pleas and Quarter Sessions, 1767-1779

Jesse is listed as a juror in 1768.

How important are omissions from the records?

Not as important as we like to think. What is important is that we not read too much into what we find, especially in abstracts, books where someone copied from original records and in the old records themselves because they are often copies as well. For example, many colonial records are lists that were copied from little strips of paper that tax collectors, ministers and others wrote their notes on. Even the “original” census images we look at are copies of the census takers’ true original notes.

So just because Jesse isn’t on the oath list that is a copy of a copy, doesn’t necessarily mean he didn’t take the oath. Same goes for the tax lists, and the accompanying information.

Yes there are two Jesses

Because the Jesse who is in Barnwell County in 1800 can’t be the same Jesse who acquired the Anthony land in 1762, we can conclude that there are two Jesses. We can also conclude that the Jesse who sold the Anthony land is the Jesse who moved to Barnwell County. We also know that the Jesse on the 1800 Barnwell County census was between the ages of 25-44.

But who sold the Anthony land?

Either Jesse Sr. or Jesse Jr. sold the Anthony land in 1787.

It is possible that Jesse Sr. died some time between 1768 and 1771, when he dropped off the tax list. If so, Jesse Jr. could have been Jesse Sr.’s only heir. The land could then pass to him outside of probate. (No will or probate has been located for Jesse Sr.) And Jesse Jr. could be the one who sold the land to Anthony and moved to South Carolina. However, there are two things that bother me about this. One is that we can’t really rely on the omission from the 1771 tax list on its own to support this theory. Two is the chain of title to the Franklin County property. There is never any indication on the deeds that there are two Jesses. No “Jesse the older” and”Jesse the younger” or “Jesse Sr.” and “Jesse Jr.” In fact the 1787 deed reads exactly the same as the 1767 deeds.

It is possible that Jesse Sr. was still alive in 1787 and he sold the Anthony land, moved to South Carolina with Jesse Jr. and died before the 1800 census.

Jesse Stallings, Jr. – when was he born?

If Jesse Jr. sold the Anthony land, he would have to be at least 21 in 1787 (birth year 1766). However, if he was at least 21 when he received the grant of land in Barnwell in 1785, he would have been born in 1764. On the 1800 census, the column for a male age 16-25 is marked. If this is Jesse’s son, Jesse would have to have been born in 1763 to be 21 when a 16-year-old son was born. If he was born in 1763, Jesse would be 37 in 1800, which fits with ages 25-44. He would be 47 in 1810, which fits with the 45+ that is marked on the 1810 census.

If Jesse Jr. truly did not take the oath of allegiance because he wasn’t old enough, he would be born no earlier than 1759 to escape that responsibility, assuming he would have taken the oath no later than 1776. If the 1762 tax list is correct and was supposed to report sons 16 years or older, he would be born no earlier than 1746. If he was born in 1746, he would be 54 in 1800 and that doesn’t match the census. If he was born in 1759, he would be 41 in 1800 and the census matches. I think it is safe to say that Jesse Jr. was born approximately between 1759 and 1763.

But which Jesse sold the Anthony land?

I have no idea.

[1] An index entry of the Anthony grant is located online at the North Carolina Archives. An image of the patent is located online at nclandgrants.com.

[2] Granville County, North Carolina Deeds. 7 May 1762. Deed book F, page 166. Sold for 22 pounds, 10 shillings. Signed by John Anthony and Patience Anthony. Witnessed by Henry Bonner, John Cook, Harmon Holliman, Benjamin Cook.

[3] Bute County Deed Book 3, page 115

[4] Warren-Bute Deed Book 4, page 104

[5] Franklin County Deed Book 6, page 190

[6] South Carolina State Grant vol. 13, page 453; also Barnwell County plats

In honor of Veteran’s Day, below are the names of Stallings men and Cork men whom I located in the burial cards online.

There is much more to find in these records. Click here to access the record set.  You’ll see a blue button that you can click to search within the records. For any of the above names, you can easily locate the cards by browsing the Sorey – Stanton set on page 5 and click on the image number in the thumbnails. You can also type the image number in the box (see pic)  and hit enter.

When I ran a search for “Stallings” I received a message that the search timed out. But when I browsed the cards, I located the above 11 Stallings.

A tip for browsing. If you aren’t able to see the full size image right away, you can click on the button that looks like this:

Then you will be able to download the full image.  Also, note that there are two images for each person, a front and back to each card.

On September 7, 1889 Isaac Stallings was drunk. It was a Saturday and he’d been drinking all day and was belligerent.  Samuel Cobb was sitting on Mary Everett’s front porch.  Mary lived next door to Isaac on Railroad Avenue. Isaac went toward Mary’s with a bottle of whiskey in one hand and a knife in the other.  He and Samuel had argued some time ago but had lately been friendly. Isaac just said, “Hello, Sam; howdy” and then returned home and went to sleep. Meanwhile, Samuel left and returned to the porch with a large stick.

When Isaac woke up he asked his son George W. Stallings where his step-mother was. Learning from George that his wife had taken her night clothes to Mary’s and had planned to stay there for the night, Isaac went to Mary’s to get Winnie to come back home. He yelled abusive obscenities at her, threatened to kill her, grabbed her arm and shoulder and forced her to return to their house. Winnie yelled at him to leave her alone. Samuel rapped on the porch to summon the police, but no police came.  After Isaac returned Winnie to their house, he went back toward Mary’s, looked at Samuel Cobb and said “If you want anything of me come and get it” and asked Samuel if it was any of his business.  Samuel told Isaac not to come toward him with a knife and said, “Mr. Stallings, let me alone, I have nothing against you.” Isaac, no longer holding a knife, started toward Samuel who told him if he didn’t stop he would hit him. Isaac kept walking toward Samuel. Samuel hit him in the head with his stick but Isaac didn’t fall. Samuel hit him again, knocking Isaac to his knees. Samuel hit him a third time and Isaac fell flat. Samuel ran home. Isaac got up and walked home holding the fence.

The exact date of Isaac’s death is unclear. The cemetery records show September 11, 1889 as the death date. However, the newspaper article reporting on the coroner’s inquest testimony was published on September 11^th and states that Isaac had been buried the day before, which would have been Tuesday, September 10^th. And it isn’t clear if Isaac died the same day of the inquest and burial or if he died earlier.

At any rate, his wife and family wanted nothing to do with his burial. So there was no funeral and he was buried in a pauper’s grave at the county’s expense.
The newspaper cites that Isaac’s brother was contacted and he refused to have anything to do with it.

Isaac had two brothers: James Stallings and Martin Everett Stallings. James died in 1861, so the brother who was contacted and refused to have anything to do with him was Martin Everett.
_______________________________
[1] Augusta Chronicle, 11 September 1889, page 5.
[2] Isaac and Jane appear together on the 1880 U.S. Census, but there is no record of Jane after that.

© Sherrie T. Cork
Please cite as:
Cork, Sherrie T. “A Legacy of Murder – Part 2” Web blog post. Descendants of Rebellion. 10 September 2017.

And that’s the story. Nothing about the murder appears in volumes of documents relating to the distribution of Josiah’s substantial estate.
Eleven years later, Josiah’s oldest son suffered a violent end at the hands of his friend.

(This story is compiled from the published appellate court opinion and testimony referred to therein.[2])
On Christmas Eve in 1847, James J. Stallings and a few of his friends went to Cornelius Tobin’s[3] house to celebrate the holiday. One of the couples who went along was Patrick Mc Elmurray and his wife Sarah Mc Daniel. Stallings was also accompanied by a Stallings child, quite possibly Martin Everett Stallings, Stallings’ oldest son, who was born in 1838 and would have been about 10 at the time.  Others in attendance were James Stallings’ brother-in-law James Cochran, _____ Turner and Baloom Grubbs[4]. They all ate dinner together and drank.
After McElmurray fell asleep in his chair, Stallings approached and woke him up. Upon being awakened, McElmurray jumped up and threatened to kill Stallings. He was no doubt drunk and belligerent. It was not the first time McElmurray had threatened Stallings’ life. The two men had fought about 18 months earlier and Stallings had been the victor, having dealt McElmurray a blow with a weight.

Tobin calmed McElmurray, assuring him that Stallings wasn’t mad and meant McElmurray no ill will.  McElmurray calmed down and had another drink with Stallings. The two were friends again.
As the group prepared to leave the Tobin residence, Sarah pleaded with Mrs. Tobin, begging that she try to prevent McElmurray from leaving with the group. Sarah told Mrs. Tobin that McElmurray said again that he was going to kill Stallings.  McElmurray and Stallings left anyway, along with Cochran, Turner and Tobin.  Mrs. Tobin, Sarah, Grubbs and the younger Stallings stayed behind.
McElmurray invited the group to his house, where they all continued drinking heavily. Tobin and Cochran left for home a short time later.  McElmurray, Stallings and Turner conti­­­nued drinking together as friends. Turner returned to Tobin’s in the morning and went to sleep. It was Christmas morning.

Sarah would later relate that she returned home from Tobin’s about an hour after sunrise and found her husband and Stallings sitting together by the fire. Sarah made breakfast and afterwards Stallings reclined and began singing a song about old maids. McElmurray argued with Stallings that there weren’t any maids in the settlement older than 10 and Stallings said, “that’s a damned lie.” McElmurray urged his wife to go with him to find a gun so he could kill Stallings. They left together to a man named Dave Stott’s house and found a gun but it wouldn’t fire. Next, they went to Aleck (Alexander) Scott’s house to ask for a gun but were told no. They returned home and saw Stallings lying near the path to the house. McElmurray gathered Stallings’ vest, jacket and hat, told his wife to shut the door behind him and not to open it. Sarah peered out a crack in the door anyway and saw her husband walk toward Stallings and throw his vest, jacket and coat towards him. McElmurray then came back to the house and went to sleep.

Mrs. Tobin would later relate that at about 10 or 11 that morning she left her house and saw McElmurray leave his house carrying something, which he then dropped to the ground near the path and began chopping it with an axe.

At about noon, Tobin, Cochran, Grubbs and _____ Dyas[5] got together to get a jug of liquor and to go find Stallings. They headed towards McElmurray’s house, the last place they had seen Stallings. Tobin went into the house but didn’t find Stallings there. The group continued along the road about 150 yards from the house and found Stallings lying next to a pile of fodder near the path with his forehead resting on his hand. His head had been chopped three times with an axe.  The group r­­eturned to the house, where they found Sarah who told them McElmurray was in bed.  Upon being awakened by his friends asking him what happened to Stallings, McElmurray jumped up to say that Stallings had left in the morning and hadn’t been seen since. There was blood all over McElmurray’s clothes.  McElmurray’s axe was later found with blood and hair on it.

James J. Stallings was only 44 years old when he was murdered and left a 34-year-old widow, with six children surviving him.
Patrick Mc Elmurray was charged with murder, convicted and sentenced to prison. He served his time in Georgia.
Forty-two years later, James J. Stallings’ youngest son would also be murdered in the same manner after a night of drinking.
Stay tuned for part 2.

© Sherrie T. Cork
Please cite as:
Cork, Sherrie T. “A Legacy of Murder – Part 1” Web blog post. Descendants of Rebellion. 2 September 2017.
_________________________________________
Endnotes:
[1] The story appears to have been first published in the Augusta Courier and repeated in numerous papers thereafter. For one account see: The Liberator, 15 October 1836, page 168, citing Augusta Courier, 24 August 1836.
[2] 34 S.C.L. 33. Court of Appeals of Law of South Carolina. The State v. Patrick M’Elmurray. May Term, 1848.
[3] Not all first names are provided in the court opinion. James Cochran is named, but Tobin, Turner, Grubbs and Dyas are only indicated by last name. James Cochran was Stallings’ brother-in-law. Turner may have been either Toliver Turner or John Glover Turner who were also brothers-in-law of Stallings. The 1840 U.S. Census and Barnwell County plats and deeds provide evidence of first names of Tobin, Grubbs and Dyas. These documents place Cornelius Tobin, Baloom Grubbs and Lud Dyas in the same neighborhood as the Scotts and the McElmurray property in the relevant time frame. See “Online Record Collection: Images,” database with images,  FamilySearch.org (https://www.familysearch.org/search/catalog/383457?availability=Family%20History%20Library : accessed 2 September 2017), Barnwell County Plat Books. Book 4, page 100.
[4] See above.
[5] This was likely Lud Dyas. See above.

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