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Deeds - Thomas Galbreath - 1776 & 1784

(There are several mistakes and mis-spellings in the document - see notes at end)


Court of Sessions - Register of Deeds - 16 April 1787

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Dispo Galbraith
To
Douglas & Hay  

Be it known to all men by these presents me Thomas Galbraith Merch’t in New York heritable proprietor of the lands & others of which the just and equal half is disponed as after mentioned for and in consideration of a certain sum of money as the agreed upon price and value of the said lands and others to be hereby disponed instantly advanced and paid to me by Messrs William and James Douglas merchants which price the said William and James Douglas their heirs and successors hereby discharge  

Therefore will ye one said Thomas Gilbrath to have sold alienated and disponed as I hereby sell alienate and dispone from me my heirs and successors to and in favour of the said William and James Douglas their heirs and assignees heritably and irredeemably without any manner of reversion redemption or regress all and haill (whole) the just and equal half of the lands of Knockenden comprehending as after mentioned and now belonging to me viz.
the just and equal half of the lands of Knockden
the just and equal half of the lands of Upper and Lower Kilston
the just and equal half of the lands of Burn House
the just and equal half of the lands parsonage and vicarage thereof with the mill lands mullures and sequels of the same mines minerals coals or pasturage belonging to the said land or any part thereof  

together with all right title right property or possession either pelitory? or possessory which I my predecessors had have or can pretend to have to the said lands and others In the which lands and others above disponed I bind and oblige me my heirs and assignees whatsomever upon their own proper charge and expences and that by & by two several infeftments and manners of holding the one thereof to be holden of me & my foresaids of my immediate superiors of the same and that in the same manner and as fully and freely in all respects or my heirs held hold or might have holden the same ourselves & that either by resignation or confirmation or both as they shall please the one without prejudice of the other and for effectualling the said infeftment by resignation I hereby make constitute and approm ________________________ and each of them jointly and seally (abr. severally) my lawfull prop and attorneys for me and in my name To compeer before my immediate lawfull superiors of the said lands and others and then and their with all due reverence and humility as becomes and in due & competent form to Resign and Surrender as I do hereby Resign Renounce Surrender up give over give and deliver the just and equal half of the lands and others particularly and generally above disponed and here holden as repeated Brevilalis Causa  together with all right title and interest claim of right I have or might have thereto or any part thereof in any manner of way in the hands of my said superiors or their lawful Commissioners in their names having power to receive resignations and grant new infeftments thereupon in favour and for new infeftments to be made given and granted to the said William and James Douglas and their foresaids in form as effeirs acts instruments and documents one or more in the premisses to ask and generally every thing there anent (concerning) to which I could do myself if personally present or that to the office of pro’y in the like cases as known to pertain all which I promise to hold ??rm and stable without revocation  

Moreover I hereby make constitute and appoint the said William and James Douglas and their foresaid my Cessioners and assignees not only in and to the whole writes and evidents of and concerning the said lands and others with the whole clauses tenor and contents thereof rents maills profits and duties effeiring (relating) to the said lands hereby disponed  and that from and after the term of Candlemass and in all time thereafter the date hereof is hereby declared to be their entry to the premisses the said William and James Douglas and their foresaids freeing and relieving me and my @ written from and after the said term consenting to the Registration hereof in the Books of Council and Session or others competent therein to remain for preservation and if needfull that all Exeon may pass hereon in form as effeirs and thereto constitute Mr Charles Hay my pro’y Allow to the end the said William and James Douglas and there? above written may be infeft and sealed in the said just and equal half of the said lands I hereby desire and require you _________________________________ and each of you jointly and seally (severally) my Baillies in that part foresaid hereby specially constitute that immediately upon sight hereof ye pass to the ground of the said lands and others & there give and deliver heritable state and seasine real actual and corporal possession to the said William and James Douglas or their certain attorney or attorneys in their names Bearers thereof of earth and stone of the ground of the said land a handful of grass and corn for the said lands and all other symbols usual and necessary and this on  no ways ye leave undone the which to do I hereby commit to you my full power by this my preapl of Sasine  

In witness whereof I have sub’d these presents written upon this and the two preceeding pages of villum by David Campbell attorney at law in New York at New York the 12 Feby 1776 years before these witnesses the said David Campbell and John Gillespie
/ signed / Thos. Galbraith David Campbell witness John Gillespie witness  

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Dispo Douglas
To
Douglas & Hay  

Be it known to all men by these presents that we Thos Galbreath of the City of New York in North America merch’t and William & James Douglas of the City of London merchants considering that I the said James Galbrath (should be Thomas – see down page & end signature, and end notes) did some time ago purchase from Quinton Kennedy of Knockdon the lands of Knockdon and others hereafter described and which were accordingly conveyed by the said Quinton Kennedy to me under the burden of three thousand four hundred and twenty and twenty nine pound ster being a part of the price of the said lands then unpaid and interest thereof, and penalty corresponding thereto and that I the said Thomas Galbraith did thereafter dispone and make over the just and equal half of the said lands and others to us the said William and James Douglas merchants in New York and seeing that for certain onerous causes and considerations we the said Thomas Galbreath & William and James Douglas agreed to grant the Disposition under written therefore will ye us for our different rights & interests in and to the said lands & others to have sold and disponed To and in favoururs of the said Wm and James Douglas and their heirs and assignees heritably and irredeemably
 
all and whole the land and estate of Knockdon comprehending the land of Knockdon
 
the lands of Upper and Lower Rillston
 
the lands of Burnhouse
and the lands of Doulag with the lands parsonage and vicarage thereof
and mills mill lands mullures sucken and sequells woods fishings mines minerals and pertinents of the same
all & whole the twenty four shilling land of Little Knockdon with the pertinents of the same
all and whole the five merk land of Tybermarrie otherways Killston with the pertinents lying in the parish of Monkland and parish of Maybole late Bailiary of Carrick and sheriffdom of Air (Ayr)
and also all and whole the two merk land of Dowlang with the houses yards and pertinents lying in the parish of Givan (Girvan) and Bailiary foresaid  

together with all the right title interest claim of right property and possession which we or either of us our predecessors and authen had have or any ways can claim to the said lands or any part or portion thereof but always with and under the burden of the foresaid sum or such part of the said sum as is still unpaid interest thereof and penalty corresponding thereto in the which lands of Knockton and others with the privileges and pertents thereof @ disponed we the said Thomas Galbreath and William and James Douglas for our several rights and interests bind and oblige us our heirs and successors to infeft and sease the said William Douglas and his foresaids by two several infeftments and manners of holding the one thereof to be holden of us and our foresaids in free blench for payment of a penny scots upon the ground of the said lands at the term of Whitsunday yearly if asked allenarly (annually) and the other of the said infeftments to be holden from us and our foresaid of our immediate lawfull superiors of the said lands  and others in the same manner of us freely in all respects as we hold or might have holden the same and that either resignation or confirmation we hereby make constitue and appoint and each of them jointly and seally our pro’s as we hereby resign surrender up give over give and deliver the said lands of Knockendon and others with the privileges and pertinents lying and described as aforesaid with all right title and interest which we have as can pretend thereto in the hands of our res-ive immediate lawfull superiors or of their commissioners in their names having power to receive resignations & to grant new infeftments thereon in favours and for new infeftment of thereof to be made given and granted to the said William Douglas and his foresaid heritably and irredeemably in due and competent form acts instruments and documents one or more upon the premisses to ask and generally every other thing necessary there anent to do which we or either of us could have done ourselves if present or which to the office of pro’y in the like case is known to pertain all which we promise to hold good which land and others with the pertinents & this disposition and infeftments to follow hereupon in so far as our said right to the land and others extended we bind and oblige us and our foresaid to warrand to the said William Douglas & his foresaids from our own facts and deeds done or to be done prep??? hereto excepting always from this warrandice the tacks &tacks and fee rights of the said lands and others with the pertinents granted by us and our predecessors to the tenants and feevars thereof without prejudice to the said William Douglas to quarrel and impugn the said tacks minutes of tacks and fee rights upon any ground or nulling in law which shall not infer warrandice against us and further we hereby bind and oblige us and our foresaids for our several rights and interests as said is free and relieve the said William Douglas and his foresaids of the cess and blench duties payable furth of the said lands at and preceeding the term of Martinmas last which is hereby declared to be the said William Douglas entry to the said lands Notwithstanding the date hereof the said William Douglas and his foresaids being always obliged to free and relieve us and our foresaids of the said ???? burdens from and after the said term of Martinmas and in all time coming  

Moreover we for our several rights and interests hereby assigns & convey to and in favours of the said William Douglas not only the writes evidents title deeds and securities both old and new of and concerning the said lands or others made granted and conceived or that can any ways be interpreted in favour of me my predecessors and authors and whole clauses tenor & contents thereof But also the rents maills and duties of the said lands and others before conveyed from the said term of Martinmas and in all time coming with power to the said William Douglas to enter to the possession of the said land and to uplift receive discharge the said rents maills and duties and if necessary to sue therefore and generally every other thing in relation to the premisses which we could have done before granting hereof & surrogating & substituting the said William Douglas and his foresaids in our full right and place of the premisses which assignation we bind & oblige us and our foresaids for our several rights and interests to warrant to the said William Douglas and his foresaids from our own facts and deeds done or to be done in prejudice hereof and we have herewith delivered up to the said William Douglas and his foresaids the whole writes and evidents of the said lands and others conform to an Inventory thereof to be subscribed by us as relative hereto and consent to the registration hereof in the Books of Councill and Session or others competent therein to remain for preservation and shall all exeon? may here on in the usual form as effeirs and for that purpose constitute Mr Chas Hay advocate their pro’y and to the effect the said William Douglas and his foresaids may be infeft in the lands and others before disponed to be holden of us and our foresaids desire and require and each of you jointly and seally our Baillies in that part hereby specially constitute that upon sight hereof ye pass to the ground of the said land and there give and deliver heritable state and sasine with actual and corporal possession to the said William Douglas and his foresaid of all and whole the said lands of Knockdon with the pertinents lying and described as aforesaid and here again held as repeated Brevilalis Causa but with and under the burden of the said sum of £3420 Ster’ or such part thereof as shall still be unpaid and interest and penalty corresponding thereto and that by deliverance to him or them or their certain attorney in his or their names bearers thereof of earth and stone of and upon the ground of the said lands and this in no ways ye leave undone for doing whereof we commit to you full power by this our precept of sasine  

In witness whereof these presents are written upon this and the three preceeding pages of stamped paper by David Wemyss Clerk to James Walker writer to the signet and sub’d by us the said James Galbreath (should be Thomas – see following signature) and William James Douglas at London 26 Feb’y 1784 before these witnesses Robert Syone? (? – witness signed Rob’t Wemyss?) and John Stevenson both Clerks to me the said William and James Douglas
signed  Thos. Galbraith, William James Douglas, Rob’t Wemyss witness, John Stephenson witness  

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Register of Deeds - Court of Session of Scotland Edinburgh

The National Archives of Scotland - Ref :- NAS 02023 RD2-242-2-00015  

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Notes  

The following are the different ways in which Galbreath was spelt within the documents (in order of appearance) :-
Galbraith
Gilbrath
Galbreath
Galbrath  

The place names also appear variously written :-
Knockenden / Knockendon / Knockden / Knockdon / Knockton
Kilston / Killston / Rillston  

It appears that Thomas G. was twice mistakenly written as James G., the transcribing Court Clerk most likely confusing his and James Douglas’ first names.  

The above instances of name & place variations, together with the mistake of writing James instead Thomas, were in this transcribed record in the Books of the Court of Sessions. This may not reflect the spelling in the original documents. The documents presented to the Court of sessions may have been the originals, or indeed themselves have been transcribed copies, either which would have been returned to the relevant attorney or attornies after entering into the Court Books. The spelling mistakes may have been in the original documents, or as a result of poor transcribing by an attornies clerk, or the clerk at the Court of Sessions.  

However despite the spelling & transcription errors, there appears little doubt that this is our ancestor Thomas Galbreath, merchant. The first document placing him in New York in 1776, and the second in London in 1784, matching our Thomas’ residences in New York from 1771-1779, and London from 1779-1799.  

“Heritable proprietor” – Refers to the type of land, not that Thomas specifically inherited it. As can be seen at the beginning of the second document document, it says that Thomas “.. did some time ago purchase from..”.


Acknowledgement to the National Archives of Scotland



 

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