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A very interesting account of a court of appeals case argued in Horry, Co in Spring term, 1853. concerning a dispute ove Isabella's lands after she had remarried to a man named LEE and moved to NorthCarolina where she died in 1837.
"JAMES FLOYD VS. BRIANT MINTSEY"
It sheds light on the relations of Isabella, Francis, Theophilus, Hugh and Samual Floyd and others.
Fom a book titled, "Reports of Cases At Law, Argued and Determined in The Court Of Appeals, South Carolina. Volume VII. From November 1853, to May 1854, Both Inclusive. By J.S.G. Richardson, State Reporter, Charleston, S.C. McCarter & Co. 1854.
Pgs 181 - 190
A few excerpts from the first part:
"Before Frost, J., at Horry, Spring Term, 1853.
The report of his Honor, the presiding Judge, is as follows:
" This was an action of trespass to try title. For the plaintiff, it was shown that the land in dispute had been assigned to Isabella Floyd, for her distributive share in the lands of her deceased husband, Francis Floyd, in 1806. The land assigned to her consisted of one hundred and twenty-five acres, part of a grant to Samuel Floyd, on which the deceased, Francis Floyd, resided at the time of his death, and of an adjoining tract of five hundred acres which had been granted to Francis Floyd. Isabella Floyd, with her seven children, continued to reside on the Samuel Floyd grant, for four years, when she married one Lee, and removed to North-Carolina, where she died in 1837. The plaintiff showed title to the distributive shares of two of her heirs; which constituted his interest and claim in the land.
" The defendant resisted the plaintiff's claim on two grounds, first, that Isabella Floyd had, before her marriage, by deed, conveyed the land to Theophilus Floyd, one of her sons ; and that it had been conveyed to the defendant by the sheriff by sale under an execution of the administrator of Johnson against Hugh and Theophilus Floyd ; and if he failed in this defence, the defendant relied on the title of Theophilus Floyd, acquired by adverse possession against his mother, Isabella Floyd."...
""Hugh Floyd, whose testimony was taken by commission, testified that Isabella Floyd "deeded" the land to Theophilus Floyd ; that the deed was written by Samuel Floyd, (deceased,) and was attested by the witness and Gilbert Johnson (deceased). He said the deed conveyed one hundred and twenty-five acres, part of the Samuel Floyd grant; and five hundred acres of the Dawsy grant. "
"" Francis Floyd, a son of Theophilus Floyd, had been employed to go to Alabama and make search for the alleged deed of Isabella Floyd to Theophilus Floyd. The grounds of appeal do not require his testimony to be reported. It is sufficient to say, that in his tesiimony respecting the loss of the deed, part evidence of its contents was admitted. He had said, in his examination, that he made no claim to the land. He was asked, why he made no claim? In reply to this question, he was proceeding to state the cause of action in the sum. pro. suit of the administrator of Johnson, when, on objection made, he was stopped. But he was permitted to say that he did not make any claim to the land, because the defendant had bought it; and after the defendant's purchase, he never heard his father claim the land. He also stated that the sheriff came to NorthCarolina, and his father gave a man money to go and pay the debt recovered by Johnson's administrator. Theophilus Floyd then lived on a tract of land through which the boundary line between North and South-Carolina passed.
" Felix Foley testified, that Theophilus Floyd sent money by him to pay the execution of Johnson's administrator, but it was not enough ; and the land was bid off at sheriff's sale by the defendant; and the witness informed Theophilus of that fact."
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