Land – 1714 Grant of 816 acres in Essex County

Samuel Dishman acquired 816 acres in Essex County under the headright system on June 16, 1714 for the transportation of six persons to the Colony of Virginia. This land was willed to his sons Peter and David Dishman to be equally divided. Samuel’s widow Cornelia deeded the 816 acres to her sons David and Peter on August 14, 1727. Peter occupied the land, while David did not. This land became the focus of several lawsuits in Essex County at the end of the 1700s involving property rights. In one set of trials, Samuel Dishman (son of Peter) sued Hord, Fitzhugh, and Coghill over their claims of certain parts of the land. In another trial, the heirs of David Dishman sued the heirs of Peter Dishman over their share of the land. These lawsuits provide valuable genealogical information.

There are several documents concerning this land:

• The original patent recorded in the Land Office Patents book, No. 10, 1710-1719, p. 159.
• Cornelia Dishman’s deed to sons Peter and David Dishman recorded in Essex County Deed Book 18, 1724-1728, p. 296.
• A copy of the original patent introduced in the trial of Samuel Dishman vs. John Hord, 25 May 1796 and recorded in Essex County Land Trials Book, 1790-1818.
• A drawing showing the boundaries of the 816 acres introduced in the trial of Samuel Dishman vs. John Hord, 25 May 1796 and recorded in Essex County Land Trials Book, 1790-1818.

Analysis

These documents contain several items of genealogical interest:

• Samuel’s name is spelled Duchiminia, another phonetic spelling of the French name Duchemin.
• The names of the six persons transported to Virginia are listed (several of these people are mentioned in various Westmoreland County Court Orders as early as 1695, showing that the date a person came to America is not necessarily the same time period that a patent is dated). They were Henry Stapleton, William Mann, William Duff, Margaret Collins, Pierce Callee, and Michael Spiller
• The deed from Cornelia to her “two sons David and Peter Dishman” prove that she is their mother.

Original Documents

Original Patent

The original patent is available online at the Library of Virginia as part of their Virginia Memories Program.  The Land Office Grants were land patents issued between 1623 and 1774.  Note that the image is very faint.

Cornelia’s 1727 Deed

The original document is available in Essex County Deed Book 18, 1724-1728, p. 296.  An image of the original document is reproduced below.

Copy of Patent from Dishman vs. Hord

The records of the various trials are recorded in Essex County Land Trials Book, 1790-1818, and are available on microfilm at the Library of Virginia (Essex County Reel 110).  The copy of the patent from the trial Dishman vs. Hord appears to be more complete than the version recorded in the Land Patent Book, which contains many abbreviations and omissions of “standard” legal phrases. The version of the patent from the trial is transcribed below.

Essex County Land Trials, 1790-1818, Dishman vs. Hord, 25 May 1798

ANNE by the Grace of God of Great Britain, France and Ireland, Queen Defender of the Faith. Ye: To all to whom these presents shall come; Greeting, Know yee that for divers good causes and considerations but more especially for and in Consideration of the importation of six persons to dwell within this our Colony of Virginia whose names are Henry Stapleton, William Man, William Duff, Margaret Collins, Peirce Calec and Michael Spiller We have given granted and confirmed and by these presents for us our heirs and successors do give grant and confirm unto Samuel Dishman one certain tract or parcel of land Containing eight hundred and sixteen acres lying and being in the County of Essex, about two miles from Rappahannock River and bounded as followeth, (To witt)

Begining at a marked white oak standing in a line of patent formerly granted unto Robert Pain De’ced near a branch side of a creek called Cockell Creek that Runeth into a creek called Lucas Creek thence running with a line of marked trees divideth this from the land of Mrs. Behethtern Gibson, west three hundred forty poles to a red oak standing by a Ridge Path which Leadeth unto Portobacco Indians Town being corner unto a patent granted unto Mr. Edwin Thacker, thence with a line of markt trees which divideth this from the said Thacker’s land north by west seven degrees west, four hundred seventy seven poles crossing a branch of the aforesaid Creek to a marked forked poplar Corner to a patent formerly granted unto James Cogghill standing in a branch of Portobacco Creek thence with another line of marked trees which divideth this from the said Cogghills land East south east four hundred poles to a stake standing in the fore line of Robert Pains thence with the said line binding thereon south nineteen and a half degrees east three hundred forty five poles crossing the two main Runs of the said Creeks to the place it began; five hundred and sixty acres of the same was formerly granted unto Capt. Alexander Fleming by patent bearing date the fourth day of September, One thousand six hundred sixty seven; with all woods swamps underwoods marshes low grounds meadows seeding and his due share of all veines mines and quarrys as well discovered as not discovered, within the bounds aforesaid being part of the said Quantity of eight hundred and sixteen acres of land and the rivers waters and water courses therein contained together with the priveledges of Hunting, Hawking Fishing Fowling and all other profitts Commodities and Hereditaments whatsoever to the same or any part thereof belong or in any wiser appertaining.

TO HAVE HOLD POSSES and enjoy the said tract of parcell of land and all other the before granted premises and every part thereof with their and every of their appertainences unto the said Samuel Dishman and to his heirs and assigns forever to the only use and behoof of him the said Samuel Dishman his heirs and assigns forever.

To beheld of us, our heirs and successors as of our manner of East Greenwich in the County of Kent in free and Comon Soccage and not in Capite or Knights service YIELDING AND PAYING unto us our heirs and successors for every fifty acres of land (and so proportionably for a lessor or greater Quantity than fifty acres) the free rent of one shilling yearly to be paid upon the Feast of St. Michael the Arch Angell and also cultivating and improving three acres part of every fifty of the tract above mentioned within three years after the date of these presents excepting so much of the said land as has already been improved according to ye condition of the said former patent.

Provided always that if three years of the said free Rent shall at any time be in arrears and unpaid or if the said Samuel Dishman, his heirs or assigns do not within the space of three years coming after the date of these presents Cultivate and improve three acres part of every fifty of the tract above mentioned (except as before is excepted) then the estate hereby granted shall cease and be utterly determined, and thereafter it shall and may be lawful, to and for us, our Heirs and successors, to grant the same lands and promises with the appurtenancies unto such other persons or persons as we, our heirs and successors shall think fitt.

In Witness whereof we have Caused these our letters patents to be made. WITNESS OUR TRUSTY and well beloved ALEXANDER SPOTSWOOD Lev. Governor and Commander in Chief of the Colony and Dominion of Virginia at Williamsburg under the Seal of our said Colony the sixteenth day of June one thousand seven hundred and fourteen In the thirteenth year of our reights.

A. Spotswood

Transcribed by S. R. Dishman in the 1930s (courtesy of Cuthbert Bristow, Smithville, N.J.)

Plat from Dishman vs. Hord

This plat was introduced into several of the Essex County land trials and shows the areas of dispute between Dishman, Hord, Fitzhugh, and Coghill. The plat is shown below.