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Tuesday, January 1, 2008

* John McGuire - 1790 NC land record

General Index to Real Estate Conveyances of Rutherford Co, North Carolina
Book M-Q, pages 185 & 186
FHL Film No. 11913

p185:
No. 1582 January Ye 7th 1796 (1582)
Know all men by these presents that I,
John McGuire of South Carolina, Planter, for
divers good causes and considerations me here-
- unto moving have by these presents constituted
and appointed my trusty and well beloved son
John McGuire Junr. of Spartanburg County of
South Carolina my true and lawful attorney for
me and in my name to act and do everything and
all things touching and concerning four hundred
acres of land granted to me under the great seal
of North Carolina and surveyed by John Kirk-
- nell the 18th of September 1772 lying in North
Carolina Rutherford County on Little Mountain
Creek on the both sides of said creek which said
four hundred aces of Land I once did sell to
Elias Morgan of North Carolina and as Morgan hath
never received any right or title I do hereby im-
- power my said attorney to make to him the said
Elias Morgan a good and lawful deed of convey-
- ance to and for the said four hundred acres of land
with all every part or parcel in fee simple interest
any manner of condition or incumbrance him
the said Morgan paying the balance that may
be due and him the said John McGuire Junr. to
settle with said Morgan and make him a right
according to Law and Justice and to have full
power to act and do all things and every thing
that may be necessary touching and concern-
- ing the premises mentioned herein me hereby
ratifying all and every thing that my said
Attorney may lawfully do or cause to be done
for me or in my name that same as I myself
might or could do were I personaly present
in and about the said four hundred aces
of land or any other thing that may appear
to be necessary in or about making a final
settlement with said Elias Morgan and ma-
- king his deed to said land. In witness where of
I the said John McGuire hath subscribed my
name and affixed my seal this 20th day
of March 1790 and in the fourteenth of Amer-
- ican Independence.
Signed sealed and delivered in the pres-
[p186]: - ence of us us whose names are written
Elijah McGuire John McGuire {Seal}
M. McGuire
Everet McGuire

South Carolina } Merry McGuire per-
Spartanburg County} - sonally came before me
One of the Justices of said County and made
Oath as the law direct that he saw John Mc
Guire Senr. seal and deliver the written power of
Attorney to John McGuire Junr. for the purposes
within mentioned and that he set his name as
witness to the same and also that he saw Eli-
- jah McGuire and Everet McGuire sign the
same as witnesses. Sworn to and subscribed to
this 31st day of March 1790
David Goodlett J.P. Merry McGuire

Transcript by Mary Gallano
Mary's notes - below.

Here’s the transcript of John’s power of attorney along with a map I found in a book showing locations of streams, creeks, rivers in Rutherford Co North Carolina.

I am hoping with this new info and the fact that John states the date he received his land grant – that one of the descendants of John will order a copy of the grant.

FYI – John states he sold his grant to Elias Morgan but doesn’t mention a date. I found an Elias Morgan in 1790 Rutherford Co NC, p133, column 2, line 2:

Elias Morgan: 1-1-5-2
1 white male over 16
1 white male under 16
5 white females
2 slaves

I have not found John the Orphan in 1790 census records but he was clearly in Rutherford Co NC on 20 March 1790.

I still haven’t figured out why John issued this power of attorney on 20 March 1790 and Merry swore to it on 31 March 1790 but it wasn’t recorded until 07 Jan 1796. I’m also not sure when John refers to his son, John McGuire Junr. “my true and lawful attorney” if it really means that Jr was an attorney. I know that Elijah (son of John the orphan) had a son, Merry, who was an attorney in Alabama but this was much later.
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