Tuesday, March 22, 2011

The map of Fairfield Township, Highland County, Ohio that was posted on January 6, 2011 showing the property of James and Mary Rees Haworth appears to be proven correct by the transcribed deed below.

And now, whether you like it or not, a bit of history. Prior to 1784 Virginia claimed all of Kentucky and much of Ohio in the Northwest Territory as part of its colonial charter. In order to overcome objections from other states Virginia ceded the right to land north of the Ohio River before ratifying the Articles of Confederation. In return Virginia was granted an area of over 4 million acres in south central Ohio known as the Virginia Military District which was reserved by Virginia to use as payment to veterans (or their heirs) for their service in the Revolutionary War. This area included the entire area of Highland County and other counties. The Military District was to be held in reserve until all of the land in what is now Kentucky was used and then Military Warrants would be issued for the Ohio lands. This grant program was to end in 1803 but due to confusion, corruption and law suits (Sound familiar for a government program?) was extended several times until about 1870. Now, the reason for this brief history…..All of the Ha(y)worth deeds are connected with Military Warrants.

All of the deeds mentioned are from Highland County, Ohio. For some reason all of these deeds were re-transcribed by the County Recorder and the dates do not run consecutively. After reading and transcribing these deeds, I think that one could say that the re-transcriptions were not proof read. I have decided to post the earliest deed because it appears to have been the location of the Ha(y)worth home and mill. There is no “degrees key” on by keyboard, or if there is I can’t find it, so where the “degrees sign” appears in the deed I have transcribed (degrees).

Transcribed Deed Book 1, page 256.
This Indenture made this Twelfth day of January in the year of Our Lord One thousand eigh hundred and ten between John Peake of the County of Loudun and State of Virginia Attorney in fact for Anna Borrin West of the County and State aforesaid of the one part and James Hayworth of the County of Highland and State of Ohio of the other part. Witnesseth that whereas the said Anna Borrin West of the County of Loudun and State of Virginia did execute her letter of Attorney on the 13th day of November in the year One thousand and one empowering the said John Peake to sell and survey the following tract or parcel of land as will be more fully appear by the said letter of Attorney Recorded in Highland County December the Twelfth, One thousand eight hundred and nine. Now therefore the said John Peake as attorney in fact as aforesaid for and in consideration of the sum of three hundred and twenty three dollars to him in hand paid the receipt whereof he doth hereby acknowledge and acquitt the said James Hayworth has granted bargained and sold by these presents doth hereby grant bargain and sell unto the aforesaid James Hayworth the following tract or parcel of land lying and being in the County of Highland and State of Ohio aforesaid and on the waters of Lees Creek a branch of the Rattle Snake Fork of Paint Creek and bounded as follows (Viz) Beginning at a Mulberry black locust and black ash, Westerly corner (?) to Andersons Survey. Thence S 17 (degrees) & 70 poles to two Hickorys a dogwood and black walnut. thence South 73 (degrees) W 100 poles to two Elms thence N 17 (degrees) W 177 poles to an Elm and Hickory, thence N 73 & 160 poles to a Hickory red Elm and dogwood thence S 17 & 87 poles to a red Elm red bud and Lynn (?). Thence N 73 & 95 poles to a blue ash Lynn (?) and Locust thence S 17 (degrees) & 20 poles to a Hackberry Sugartree and Elm thence S 73 (degrees) W 155 poles to the beginning containing One hundred Sixty one and a half acres it being part of a tract containing 1533 1/3 Acres granted to the said Anna Borrin West by Patent bearing date the ninth day of March 1809. Together with all the improvements and appendences thereunto belonging to have and to hold the same with the appendences to him the said James Hayworth his heirs and assigns forever, and the said John Peake as

page 257.
attorney in fact for the said Anna Borrin West and all singular to the premises aforesaid with the appentenaces unto the said James Hayworth his heirs and assigns against all persons whatsoever will warrant and forever defend by these presents. In Witness whereof the said John Peake as attorney in fact as aforesaid has hereinto set the hand and Seal of her the said Anna Borrin West the day and year above written-
Anna Borrin West (Seal)
John Peak Attorney in fact for
Anna Borrin West (Seal)
Signed Sealed and acknowledged in the presents of
Obed A, Borrin
John Davis
State of Ohio Highland County, S.S, This day the within mentioned John Peake appeared in person before me the Subscribing Justice and acknowledged the within signing and sealing to be his act and deed as attorney in fact for Anna Borrin West. In witness thereof I have hereinto set my hand and Seal this 26th day of January 1810-
James Johnson (Seal)

NOTES FOR DEED Transcribed Deed Book 1, page 256 -- January 12, 1810
West, Thomas OBZ-238 "This day satisfactory proof was given to the court that Anna West is the only heir of Charles West, deceased ...the said Charles West was the only son of Thomas West a captain who died in the Army in the year 1776 or 1777 which is ordered to be certified accordingly." Recorded Feb 10, 1807.
(Order Book Z, page 238, Loudon County, Virginia.)
http://vagensearch.com/AmericanRevolution/Soldiers.html ^^

West Survey # 4003
Anderson Survey # 3579
Both of the above surveys appear on a 1871 map of Fairfield Township, Highland County and are mentioned in the above deed.


Other deeds and records for James Hayworth in Highland County.
Transcribed Deed Book 1, page 258, June 16, 1810 Nathaniel Pope and James Johnson sell to James Hayworth of Highland County 303 acres on the waters of Paint Creek for $600. Paint Creek is several miles east of the Ha(y)worth home and mill on Lees Creek. I assume that James purchased the property as an investment. Nathaniel Pope was one of the first settlers on Lees Creek along with James.
Notes for deed Transcribed Deed Book 1, page 258, June 16, 1810.
Military Warrant # 2960 issued to Nathan Smith, Survey # 2302.

Transcribed Deed Book 1, page 126, June 27, 1812. James Hayworth and Mary his wife to Philip W. Spargur, 103 acres on the waters of Paint Creek for $250. This is part of the tract of land purchased from Pope and Johnson.

Transcribed Deed Book 1, page 536, 26 March 26, 1819 James Hayworth sells to John Davis 93 acres on the waters of Paint Creek for $300. This also is part of the tract of land purchased from Pope and Johnson. This transcribed deed does not mention wife Mary.

Transcribed Deed Book 1, page 583, March 26, 1819 James Hayworth sells to Mercy George 92 acres on the waters of Paint Creek. I have only an abstract of this deed so I don’t know how much this property was sold for. This property is also part of the tract of land purchased from Pope and Johnson.

Transcribed Deed Book 10, page 264, November 3, 1823 James Hayworth and Mary his wife sell to Hugh Morgan 161½ acres on the waters of Lees Creek for $2000.

Transcribed Deed Book 10, page 250, November 3, 1823 Hugh Morgan to James Hayworth, mortgage on 161½ acres on Lees Creek for $1000.

Transcribed Deed Book 1, page 408, 28 May 28, 1830. Release of mortgage. On November 3, 1823 James Hayworth conveyed to Hugh Morgan 161½ acres on Lees Creek. On that date Morgan executed to Hayworth a mortgage on this land to secure $1,000 of the purchase price. Hayworth died and his son James and his widow Mary were appointed to administer his estate and appointed James Reese their attorney to collect the money due them.

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