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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