"The Carolina Herald & Newsletter"  

Official Publication of the South Carolina Genealogical Society
Vol. XXXI, April, May, June 2003, no. 2, pages 30-31

Transcribed and submitted by Gwen DeBerry HENDRIX.
Posted to "Old Dobbers" with kind permission of Ms. Hendrix and John L. ANDREWS, Jr.; President of the S.C. Genealogical Society, P.O. Box 492, Columbia, S.C. 29202.


The rather dull legal documents transcribed below become more interesting if the reader is aware that they record a family transaction. James ADAIR, plaintiff, was the father of Saraann MCTYER, who with her husband William MCTYER, signed a bond on the 5th day of December 1763, acknowledging a debt to ADAIR. The witnesses were Saraann's younger sister, Elizabeth Hobson CADE, and her husband, John CADE.

Although it is not apparent from the Judgment Roll, North Carolina records show that the 5th day of December 1763 is the same day ADAIR had made a gift of the remainder of his estate known as Fairfields in Dobbs County, North Carolina, to Saraann. They show, too, that the MCTYERS sold Fairfields to Abraham SHEPPARD, Jr., on 24 November 1764. It is not surprising that the father then began legal proceedings to collect what was owed him from his ungrateful children.
It is probable that the parties agreed to submit to the jurisdiction of the South Carolina Court of Common Pleas as a matter of convenience. The attorneys representing the parties were James PARSONS, for the plaintiff, and Bennet OLDHAM, for the defendants. Robert PRINGLE was the judge.

SCDAH Microfilm Series: S136002. Judgement Roll 1765. Box 62A. No. 147A.
The two jackets in the file are inscribed as follows:
James ADAIR, vs. Wm. MCTIRE & Saraann MCTIRE. Declaratn. & Judgmt. & Confessn. Filed 3d. October 1765. 147A. Recorded. PARSONS.
James ADAIR agst. Wm. & Saraan MCTYER. Copy Bond & Warrant. Filed 3d. October. 1765. PARSON.

{beginning of frame 147A-1}

Know all Men by these Presents That I William MCTIRE and Saraann MCTIRE in Dobbs County, North Carolina am held and firmly bound unto James ADAIR, County and Province aforesaid in the full and just Sum of three hundred and Sixty pounds Proclamation Money to be paid Eighteen Months after Date to be paid unto the said James ADAIR his Heirs, Exors, Admrs or Assigns to the which payment well and truly to be made and done We bind our Heirs, Exors, Admrs or Assigns jointly and severally firmly by these Presents Sealed with our Seals & dated this fifth Day of December 1763.
The Condition of the above Obligation is such That if the above bounden William MCTIRE and Saraann MCTIRE their Heirs, Exors, Admrs or Assigns do well and truly pay or cause to be paid unto James ADAIR his Heirs {several words illegible and struck through} the full and just Sum of One hundred and Eighty Pounds Proclamation Money with lawful Interest from the date until paid, Then this Obligation to be void otherwise to remain in full force and Virtue, But in Case of Default being made in payment of the aforesaid Sum of One Hundred and Eighty pounds Proclamation Money as aforesaid Then We William MCTYER and Saraann MCTYER do by these present authorise and impower any Attorney to appear for us William MCTIRE and Saraann MCTIRE at the Suit of the above named James ADAIR and receive Declaration and confess Judgment thereupon By nil dicit cognovit Actionem non sum informatus or otherwise releasing all the Errors & Misprision of Errors & for your so doing this shall be your Warrant given under my hand and Seal as aforesaid the Day and Year aforesaid
William MCTYER, L.S.
Sarann MCTYER, L.S.

Signed, Sealed and delivered}
in the presence of}
Elizabeth Hobson CADE

{Initials and "C.C.P." are written vertically in the left margin at the bottom of the page. End of frame 147A-1}

{beginning of frame 147A-2}

South Carolina
to wit}
Berkley County

William MCTIRE and Saraann MCTIRE, otherwise called William MCTIRE, Saraann MCTIRE in Dobbs County North Carolina attached to answer to Jas. ADAIR, otherwise called Jas. ADAIR County & province aforesd, a Plea that they render unto him three hundred and Sixty pounds Proclamation money, being Equal in Value with one thousand, Eight hundred pounds Current Money of the province of South Carolina aforesd., which to him they owe and from him unjustly detain and so forth, And Whereupon the said James ADAIR----- by James PARSONS his Attorney complains, That Whereas the said Wm. MCTIRE & Saraann MCTIRE on the fifth Day of December in the year of our Lord One Thousand seven hundred and Sixtythree at Charles Town in Berkley County in the Province aforesaid and within the Jurisdiction of this Court, by their certain Writing Obligatory commonly called a Bond, sealed with the seals of the said Wm. MCTIRE & Saraann MCTIRE acknowledged themselves {last word interlined} to be held firmly bound to the said James ADAIR---in the Sum of three hundred and Sixty pounds Proclamation Money---to be paid the said James ADAIR--- when they the said Wm. MCTIRE & SaraAnn MCTIRE should be thereunto afterwards required: Nevertheless the said Wm. MCTIRE & SaraAnn altho' often required have not nor have either of them {last four words interlined} paid the said Sum of three hundred and Sixty pounds - Proclamation Money to the said James ADAIR--- but have hitherto refused, and still do refuse to pay the same to him {last word interlined} Wherefore the said James ADAIR --- saith that he is - injured, and hath Damage to the Value of fifty pounds and thereof he brings Suit and so forth. And he brings here into Court the aforesaid Writing Obligatory, which testifieth the Debt aforesaid in form aforesaid, the date whereof is the Day and Year above mentioned and so forth,
{signed} PARSONS Pltfs Atty

And the said Wm. MCTIRE & SaraAnn MCTIRE by Bennett OLDHAM their Attorney come and defend the force {"the force" repeated and crossed out} and Injury when and so forth, And say that they cannot deny, but that the Writing Obligatory aforesaid is the Deed of them the said Wm. MCTIRE & Saraann MCTIRE nor but that they owe to the said James - ADAIR--- the said Sum of three hundred and Sixty Pounds Proclm. Money in manner and form as he hath above declared against them.
{signed} B. OLDHAM Atty for the Defts.

Therefore it is considered that the said James ADAIR ---- do recover against the said Wm. MCTIRE & Sara Ann MCTIRE his {last word interlined} Debt aforesaid, And also thirty One pounds Eight Shillings and Six pence half penny for his Costs and Charges by him about this Suit in that Behalf expended to the said James ADAIR---- by the Court hereof his Assent adjudged, And the said William MCTIRE & SaraAnn MCTIRE in Mercy and so forth.
Taken and acknowledged before
me the 3rd Day of October 1765.

{Written vertically at the bottom of the page in the left margin}
Judgment Signed 3d. Octobr. 1765 D. CAMPBELL C.C.P.
{end of frame 147A-2}
Transcribed and submitted by Gwen Deberry HENDRIX, Pee Dee Chapter

Adair Family