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Item Number:  0136
Description:  "Memorandum of Record" written by Joshua Forman October 21, 1829, Rutherfordton, North Carolina. This is a copy of the document, and is not addressed to an individual. Forman refers to himself as the Manager of the Rutherfordton Speculation Lands for Isaac Bronson and Goold Hoyt. He states the "following chronology of material facts as he understands them": 1. James Greenlee, Lewis Beard, and William Erwin entered into an Article of Agreement with 15 others on July 7, 1795, in Rutherford County, for the management and sale of these lands. 2. On June 27, 1797, Lewis Beard and Arthur ____, as their agents, under the Fourth Article, sold Tench Coxe 100,000 acres. 3. On January 1, 1796, the Land Company sold Tench Coxe 50,000 acres. 4. March 9, 1796 Lewis Beard sold 90,000 acres to Tench Coxe. 5. August 11, 1796 James Greenlee contracted to Tench Coxe the balance of their land containing 264,000 acres. 6. August 11, 1796, Lewis Beard and William Erwin executed a Deed to Tench Coxe for seventeen Patents containing 122,240 acres. 7. Having assigned the residue of the __ Warrants to Tench Coxe, they obtained, in the name of Tench Coxe, 43 other Patents containing 267,215 acres. 8. Shortly after this, Tench Coxe, "being financially encumbered" conveyed his lands in Trust for the benefit of his creditors, "in which state they continued until August 12, 1819". 9. On August 12, 1819, the Trustees, Peter Stephen Du Ponceau and Abraham Kintzing ( of Philadelphia) conveyed the deeds for land (in what was then Rutherford County) to Augustus Sacket (of New York City, and Sacket Harbor, New York) for the amount of $199,978 (for 399,040 acres). Sacket mortgaged the total amount for one year and never paid the first installment. 10. July 12, 1825, Coxe's Trustees assigned the mortgage to James Thompson, Gould Hoyt, James B. McMurray and Isaac Bronson. Forman also discusses an evaluation by Judge J. Thomas of the surveys made of these lands at various times by various surveyor's. According to Thomas's evaluation after viewing the lands, because so many different surveyors were used he questions their accuracy. For example, some surveys were of Patents within existing Patents. He also points out that some Deeds and information provided by James Erwin to Tench Coxe and by Coxe to his Trustees were inaccurate. Thomas also raises the issue of what legal body or whom will deal with and resolve these problems when they arise. This document consists of four handwritten pages, some of which is difficult to read.
Date of Item:  1829-10-21
Category:  Supporting Documents
Location:  Box 2
 
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as palpable a case as would without[?] of the necessity[?] of a higher tribunal to protect the rights of persons residing out of the state against the decisions[?] of State Courts acting under policy & principally directed against     [?] residents and from them I should expect more agents able decisions[?]
12. Have won[?] the U.S. Courts divided under similar acts of limitation that persons residing our of the state were excepted from the operation[?] of such limitations under the exception of persons beyond     [?]
13.  [Illegible question]
14. Have they even [decided?] under similar limitations that the overpart[?] was only protected as far as his actual possession[?] or enclosure[?]
15. Have they ever decided that a purchase made with knowledge of the older title was void and should not it the[?] his possession with color of title? -
16. And finally upon what ground to what extent and in what courts are these parties[?] entitled to [receive?] - if at all - for the affect[?] of quality of the land, of quality by [interference?], of title to lands included & not executed against Junior grants in possession over 7 [?] with [notion?] or against junior grants extended into these lines possession over 7 years without any possession within their lines?
Rutherfordton                                                             
October 31, 1829 --                     [signed]  Joshua Forman