Family History
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Family History |
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Deeds -
Thomas Galbreath - 1776 & 1784
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Court of Sessions - Register of Deeds - 16 April 1787 ---------------------------------------- Dispo Galbraith 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. 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 Dispo Douglas 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 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 -------------------------------------------------------------------------------------------------------------------- Register of Deeds - Court of Session of The National Archives of -------------------------------------------------------------------------------------------------------------------- The following are the different ways in which Galbreath was
spelt within the documents (in order of appearance) :- The place names also appear variously written :- 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 “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 |