Enoch Tomlinson, a second cousin five times removed was born in 1833 the son of Moses Tomlinson and Charlotte Monk. Enoch married Jemina R. Giddens, daughter of Duncan Giddens & Civility Mathis who was born in 1835. Enoch enlisted in Company G as a private 27 April 1862. He was appointed 3d Corporal 1 January 1863 and 3d Sergeant July 1863. He was paroled in 1865. National Archives Microfilm Box, Roll, and Record: 000226, 0061, 00000338
Mathew A. Parrish was born on 17 February 1829 in Lowdnes Co, GA the son of Henry Parrish and Nancy Williams. In 1848 when Mathew was 18, he married (my first cousin four times removed) Sarah Giddens, daughter of Isbin Giddens & Keziah Knight. She was born on 2 October 1828 in Lowdnes Co, GA and died in Berrien Co, GA on 2 August 1918. Mathew enlisted in Company I as a private 4 March 1862. He became ill and was sent home. Mathew died of typhoid pneumonia in Berrien County, GA 21 October 1862 and is buried there. CSA National Archives Microfilm Box, Roll, and Record: 000226, 0047, 00001087
Jimpsey B. Giddens was born on 19 January 1827 in Bullock Co, GA the son of Thomas G. Giddens and Mary “Polly” Nevill. In 1848 when Jimpsey was 20, he married (my first cousin four times removed) Nancy C. Kirkland, daughter of Daniel Kirkland. She was born on 18 October 1829 and died in Berrien Co, GA on 17 March 1900. He enlisted on 22 August 1862 in Company I, and was later listed as on detached duty at Columbus, Georgia working as a blacksmith 17 Nov 1863-April 1865. National Archives Microfilm Box, Roll, and Record 000226, 0023, 00001163
GIDDINGS, THOMAS. Johnston County.
July 13, 1747. September 5, 1747. SoruJ: JACOB, WILLIAM, ISAAC,
BENJAMIN, ABRAHAM. GranddaughJer: ELIZABETH. Executar: JACOB
GIDDINGS. Witnesses: GEORGE DYCKES, THOS. GRISARD, TH. LAMBERTHBON.
Will proven before E. HALL, C. J.
GIDDINGS, WILLIAM. Hyde County.
November 10, 1757. March Court, 1758. Sons: THOMAS, JACOB, JOHN.
Daughters: AGNIS, LIDEA and DARKIS GIDDINGS. Wife and Executrix:
FRANES. Executor: JOHN SLADE. Witnesses: TIMOTHY GREEN, BENJAMIN
SLADE, KEATREN LEATH. Clerk of tM Court: STEPHEN DENNING.
John DeVane, Sr. was born in North Carolina about 1730, son of Thomas DeVane. His wife was Ann Robinson, daughter of James and Tobitha Robinson. They were married about 1752-3 in New Hanover County, N. C., and had nine children: 1. Ann m. ..John DeVane (1st c).2. William m. Catherine Stewart.3. John, Jr. (Vol. III) m. Mrs. Ann Julia Evans.4. James m. Margaret Cantley of Chas., S. C.5. Tobitha m. Francis Davis. July 14, 1781.6. George m. Miriam Treadwell.7. Thomas m. 1st. Gregg Bloodworth; 2nd. Penelope1. Stewart, 1792.8. Margaret , m. William King of Duplin Co.9. Rebecca m. Benjamin Giddens (Giddings). Mr. DeVane served as Justice of Peace in New Hanover County for several years, being commissioned Nov. 29, 1768. In the Revolution he was Major of the New Hanover County militia in 1775-6, and also rendered support freely in way of supplies. He and his family were members of St. James Episcopal Church in Wilmington, and he was a vestryman in that church for a number of years. He was buried under the church as was also his wife. Maj. DeVane owned extensive plantations in both New Hanover and Bladen Counties and seems to have spent his last years on his Bladen plantation. His will dated Sept. 14, 1783, was probated June, 1806, in Bladen County. He also owned a home in Wilmington and lived there during the Revolution. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ NOTE: Birth-years for the children not obtainable except for the son, James DeVane, born Aug. I, 1757; the son, John DeVane, Jr., born Dec. 25, 1755, and the son, Thomas DeVane, born 1762.
The third JAMES MALPASS was born 2 Apr 1775 and was, I believe, a son of Hardy MALPASS. This James married Mary, daughter of Thomas and Catherine? Rivenbark GIDDENS/GIDEON. The 1850 NHC census shows James as 75 years of age, blind and living in the household of his son Lovett. Presumably, James died before 1860.
|Durdin, Stephen,Talbot Co.,2nd Jan., 1709;
1st Apr., 1710. To son Stephen and hrs., plantation and land, 700 A., “John’s Neck,” and personalty, including tankard marked S. D. To son Joseph and hrs., 600 A., “Hopewell,” at mouth of Morgan’s Creek in Chester R.
To daus. Lidia and Rebecca at 18 yrs., to dau. Africa Kircam and granddau. Mary Kircam and hrs., personalty. To wife Rebecca, extx., use of dwelling plantation during life, and personal estate jointly with 4 child. afsd., Stephen, Joseph, Ledia and Rebecca, who are to remain with their mother afsd. during minority.
Testator desires to be buried at Quaker burial-ground at Tuckahoe.
Test: Benja. Giddens, John Cobreath, Richard Parker. 13. 20.
|MARYLAND CALENDAR OF WILLS: Volume 3VOLUME III.|
|Giddins, Benjamin,Talbot Co.,27th Aug., 1716;
20th Oct., 1716.
To son Maurice and hrs., ½ dwelling plantation, “New Scotland,” and personalty.
To son Benjamin and hrs., remaining ½ “New Scotland” and personalty. Sons to be of age at 21 yrs. Should either of sd. sons die without issue, his share of “New Scotland” to revert to survivor and his hrs.
Wife Catherine, residuary legatee and joint ex. with brother, Edw. Hardin.
Test: Jno. Blamour (Blamer), Mary Blamer, Wm. Stevens, M. Giddins. 14. 191.
|MARYLAND CALENDAR OF WILLS: Volume 4|
1755 Tax List, Beaufort County, North Carolina
Abra. Giddings, Wm McDeed ; 2 negr, 2 Whites, 2 Blacks, 4 Total
Jacob Giddings ; son & 3 negr; 2 Whites, 3 Blacks, 5 Total
Abraham Pettypool Sr appeared close by in c1757 in Johnston County, later Dobbs County, North Carolina along with Ephraim Pettypool. Neighbors were the Giddings, a family later associated with Abraham Pettypool’s family in Sumter District, South Carolina (2). These deeds, and others, were also registered in Dobbs County when it was formed in 1758 from Johnston County (3):
Grantor Grantee Book Page Book Date
Abram Giddings to Abram Pettipool 5 247 April 1757 – April 1758
1761 June 22, Lord Granville to Abraham Pettypool, for 392 acres of land in Dobbs County on the north
side of the middle prong of Little Contentnea Creek, joining Isaac Giddins and John White’s lines
beginning at a white oak Giddens corner running south 240 poles to a white oak then Wt 340 poles to a red
oak then No 130 poles to a red oak in or near John White’s line then along his line to his corner on then to
the beginning; signed: Abraham Pettypool; witnesses: Stephen Cade, Charles Young; chain bearers:
Isaac Giddens, Thom. Giddins; Charles Young, surveyor.
The Giddins family moved to South Carolina to Camden District at about the same time as Abraham Pettypool, and so Giddens records are reported here as clues to Abraham Pettypool’s family. Thomas P. Giddens died testate in Johnston County, North Carolina, having written his will on 13 July 1747, and naming sons Jacob, William, Isaac, Benjamin and Abraham, and granddaughter Elizabeth, to whom he left the plantation (7). A George Dyche (Dikes) and Thomas Grissard, who were later associated with Abraham Pettypool in Pitt and Dobbs Counties, witnessed Thomas Giddins’ last will and testament. The Giddins families were neighbors of Abraham Pettypool (8).
1763 January 7, Lord Granville to Isaac Giddins, for 325 acres in Pitt County on south side of Little
Contentney, joining Joseph Sullivan, Abraham Pettepool, John White and the run of said creek; signed:
Isaac Giddins; witnesses: Alex Stewart, Abraham Pettipool; examined by Tho Blount and W Churton,
surveyed 11 August 1762; sworn chain carriers: Abraham Pettepool, George Bland, John Speir Jr,
Lord Granville to Thomas Moore, for 605 acres on north side of Little Contentney, both sides of Giddins
Br[anch], joining a point near Jacob Giddins; witnesses: Alexander Stewart, John Tison; sworn chain
carriers: Nathan Moor, Joseph Mercer, John Speir, surveyor.
1763 January 7, Lord Granville to John Tison, for 442 acres on north side of Little Contenney, adjoining
Tysons old corner by the plantation, the run of said creek, John Windfield, John Major, both sides of
Black Swamp, Jacob Giddins Br[anch], Tisons corner and a meadow; witnesses: Alex Stewart, George
Moyer; sworn chain carriers: George Bland, Isaac Giddins, John Speir Jr, surveyor.
Abraham Pettepool, along with the Giddings, were on the 1762 and 1763 tax list (1 White Poll) of Pitt County (9), as some of the area along Little Contentnea Creek was annexed into Pitt County from Dobbs County.
1762 Pitt County, North Carolina Tax List
Bryan, William 6 WP 6 BP
- David McLain 1 WP 1 BP
Dikes, George Jr 1WP 1BP
Giddins, Isaac 1WP 1BP
Giddins, Thomas 1WP 1BP
Giddins, Will’m 1WP 1BP
Giddins, Jacob 1WP 5BP
Giddins, Abraham -James Giddins 2WP 2BP
Little, John 1WP 1BP
Little, Joseph; John Little 2 WP 2BP
Petpool, Abraham 1WP 1BP
1763 Pitt County, North Carolina Tax List
Bryan, William 1WP
Bryan, William 1WP
- Samuel Huzzie 2WP
Dikes, George Sr.
- Charles McLain
- David McLain 3WP
Giddins, Isaac – I. Giddins Jr. 2WP
Giddins, Thomas 1WP
Giddins, Jacob- Jacob Giddins Jr. 2WP
Giddins, William 1WP
Little, Thomas; James Little; Josiah Little; George Little 4WP
Little, John 1WP
Little, Joseph; Jno. Little 2WP
Little, Isaac; James Little 2WP
Pettepool, Abraham 1WP
1764 August 6, Isaac Giddings to Abraham Pettypool, North Carolina, Pitt County
…I Isaac Giddings of the County and province
___ plantor for and in consideration of the sum of twenty seven pounds
___ [mon]ey of north Carolina to me in hand paid before the sealing and
___ these presents by Abraham Pettypool of the same County plantor
___ acknowledge my self fully sattisfied have bargained sold…
…a certain tract or
___ of land containing by estimation one hundred and twenty five
___ [acres be it the] same more or less Begining at the mouth of a branch of called Isaac
___ [Giddings bra]nch and runs up the Creek along Abraham pettypools line unto
___ line and from thence to the Creek side then down the creek side
___ the mouth of sd branch then to the first station for the said complement
___ [one hu]ndred and twenty five acres be the same more or less it being part of
___ Lord John Earl Granville to me granted for three hundred and
___ acres the deed bearing date the Seventh day of January in
___ [O]ur Lord one thousand seven hundred and sixty three and this deed…
___… this 6th Day of August 1764
___ in presence of us
August Court 1764 ordered to be registered
1764 August, North Carolina, Pitt County
…know ye that I Abraham petty pool of the province &
___ said planter for & in consideration of the sum of fifteen pounds
___ [mon]ey of North Carolina to me in hand paid before the sealing delivered
___ [pr]esents by Hardy Griserd of the province and County aforesaid plantor
___ acknowledge my self satisfied have bargained sold aliened
___ and deliver…
___…a certain tract or Dividend of land
___ by estimation one hundred and twenty five acres be the same
___ the said dividend of land being part of a deed of me Lord John
___ [Gran]ville to me granted, for three hundred and ninety two acres the deed
___ the Third Day of July 1761 and also a part of a deed from Isaac
___ [Giddi]ns given for one hundred & twenty five acres be the same more or less
___ bearing Date August the 6 day 1764 this Deed on the west
___ [Lit]tle Contentnea Creek & thus bounded begining at the Swamp
and runing a Direct cors [course] to the mouth of a branch said the ___
up the said branch to the back line then along the back line ___
and from thence to the Creek and then to the first station for the ___
the said hundred and twenty five acres be the same more or less__
Signed Sealed and delivered in presence of
Aug Court 1764 ordered to be registered
Elias Bergereon was the son of Jacques and Judith Peletan Bergeron of New York and Northampton County, North Carolina. Judith Bergeron’s will was probated in 1742 in Beaufort County, North Carolina, and she named children Elias, John, Judeth Wilkins, Jean Barrow, and Marguerite Giddins. Elias had patented land on the south side of Little Contentenea Creek in 1745 (11).
1764 George Dikes to Abraham Pettipool, North Carolina, Pitt County
Know ye that I George Dikes of the
___ foresaid and county of Pitt plantor for and in consideration
___ thirty five pounds Proclamation money to me in hand paid be
___ ating and delivery of these presents by Abraham Pettipool
___ & County aforesaid Plantor the receipt whereof I do hereby…
… one messuage
___ Land situate lying and being in Pitt County on the north side
___ [Conte]ntney Creek Butted and bounded as follows and begining at
___ a little branch close between the two plantations coursing up
___ [br]anch thence along a line of marked trees to the back line of
___ line runing So 35 Wt 10 along ye said line to nanie branch thence down
___ [br]anch to Little Contene Creek thence No 30 Et down the said Creek
___ of Jacob Giddings branch to the first station containing one
___ [hundred ac]res be the same more or less which land I hold by a Deed from
___ [Gi]ddings …..set my hand & fixed my seal this 11 day ____
George (his V mark) Dikes
Signed sealed and delivered
1767 May 20, Isaac Giddins to Benjamin May, 200 acres; witness: Abraham Pettipool
1769 September 26, Abraham Pettypool to Thomas Giddins (Deed).
Know all men by theses presents that I Abraham Pettypool of the province of North Carolina and County
of Dobbs County, planter of the one part and Thomas Giddins of Pitt County and province afore sd,
Planter of the other part, Witnesseth that for and in consideration of the sum of twenty pounds prock
money…. for one mesuage or parcell of land lying and being in the County of Pitt situate on the north side
of Little Contentnea Creek being by estimation one hundred acres, be the same more of less in the bounds
following. Beginning at the mouth of a little branch between the sd Plantation or running up the s’d
Branch thence along a line of marked trees to the back line of the survey which line runing So 35 Wt So
along the sd line to Nanes Branch then down the said branch to the Creek then down the Creek to Jacobs
Branch at the mouth of the first station which land I hold by a deed from George Dikes the deed bearing
date the 11th of February in 1764 granted for the quantity of one hundred acres be the same more or
less…this 26 day of September in the year of our Lord 1769.
Abraham Pettipool (seal)
Signed sealed and delivered in presence of us, viz.,
Isac (his X mark) Giddins
January Court 1771. Ordered to be registered.
Abraham Pettypool Junior, Revolutionary War soldier and son of Abraham Senior, lived in Claremont County, Camden District adjoining the Odel and Giddins families. Abraham married Sarah Eugenia Odel (24). They also had a son named Abraham who was born c1770, thus confusing identities for the following records.
1795 October 20. Abraham Pettipool of Claremont County, South Carolina, planter, to William Bracey of
sd county and state, for 277 acres, being part of a tract granted to Matthew Singleton 16 July 1784 for 155
pounds sterling, adjoining Abraham Gidden, Thomas Odle, Thos. Odle, Sr, & Matthew Singleton.
Signed: Abraham (X) Petty Pool (seal). Witnesses: Isham Moore & Ezekial Evans. Release of all estate
and interest, also all right and claim of dower in the above premises, signed by Sarah (X) Pettipool, before
John Greening, 28 February 1801. Proved by Ezekiel Evans before John Horan, J. P., 29 August 1800;
recorded 27 May 1803.
1799 August 30. Isaac Giddens of Clarendon County, South Carolina, planter, to William Bracey of
Claremont Count, South Carolina, a tract of land of 250 acres surveyed 3 September 1771, situated on the
east side of Nasty Branch, for $500. Signed: Isaac (X) Giddens, Jemima (X) Giddens; witnesses: Thomas
(X) Giddens, Philip Thomson. Release of all interest and estate, also all right and claim of dower signed by
Jemima Giddins, wife of within named Isaac Giddins, before John Greening, J. P., 11 September 17999;
recorded 26 May 1803
|Basil Giddens Junior||Iredell, North Carolina||1820|
|Basil Giddens Junior||Iredell, North Carolina||1820|
|Mosses Giddens||Beaufort, North Carolina||1820|
|Thomas Giddens||Wilmington, New Hanover, North Carolina||1820|
|Alexander Giddens||Franklin, Tennessee||1820|
|Asahan Giddens||Franklin, Tennessee||1820|
|Benjamin Giddens||Durham, Greene, New York||1820|
|Geo Giddens||South of Eastern Branch Potomac, Washington, District of Columbia||1820|
|Harris Giddens||Durham, Greene, New York||1820|
|James Giddens||Glasgow, Barren, Kentucky||1820|
|John Giddens||South of Eastern Branch Potomac, Washington, District of Columbia||1820|
|John Giddens||Wilkes, Georgia||1820|
|John Giddens||Michilimackinac, Michigan||1820|
|Reuben Giddens||Floyd, Kentucky||1820|
|Richard Giddens||Floyd, Kentucky||1820|
|William Giddens||Pulaski, Giles, Tennessee||1820|
|Isaac Giddins||Capt Walkers District, Cumberland, North Carolina||1820|
|J Gideons||Bladen, North Carolina||1820|
|Ezekiel Gadding||Tyrrell, North Carolina||1820|
|James Gadding||Tyrrell, North Carolina||1820|
|John Gadding||Tyrrell, North Carolina||1820|
|Gathing Junior||Buncombe, North Carolina||1820|
|Charles Gathing||Mays, Anson, North Carolina||1820|
|John Gathing Senior||Mays, Anson, North Carolina||1820|
|John Gathing Junior||Mays, Anson, North Carolina||1820|
|Polly Gathing||McRae, Anson, North Carolina||1820|
|Thomas Geddens||Iredell, North Carolina||1820|
|Selby Godding||Tyrrell, North Carolina||1820|
|Framer Gooding||Lenoir, North Carolina||1820|
|Jacob Gooding||New Bern, Craven, North Carolina||1820|
|Thomas Gooding||New Bern, Craven, North Carolina||1820|
|William Gooding||Craven, North Carolina||1820|
|Eliza Giddens||Onslow, North Carolina||1810|
|Isaac Giddens||Wayne, North Carolina||1810|
|James Giddens||Barnwell, Barnwell, South Carolina||1810|
|John Giddens||Barnwell, Barnwell, South Carolina||1810|
|Reuben Giddens||Floyd, Floyd, Kentucky||1810|
|Rose Giddens||St George, Accomack, Virginia||1810|
|Thomas Giddens||Marlow, Cheshire, New Hampshire||1810|
|Basil Giddins||Iredell, North Carolina||1810|
|Basil Giddins||Iredell, North Carolina||1810|
|Thomas Giddins||Iredell, North Carolina||1810|
|Eliza Gideon||Morganton, Burke, North Carolina||1810|
|Edward Gideons||Wilkesborough, Wilkes, North Carolina||1810|
|James Gideons||Wilkesborough, Wilkes, North Carolina||1810|
|Moses Gideons||Beaufort, North Carolina||1810|
|James Getting||Gates, North Carolina||1810|
|Philip Githens||Anson, North Carolina||1810|
|Ezekiel Goding||Tyrrell, North Carolina||1810|
|Fras Gooding||Kinston, Lenoir, North Carolina||1810|
|James Gooding||Lenoir, North Carolina||1810|
|Jno Gooding||Lenoir, North Carolina||1810|
|Mary Gooding||Jones, North Carolina||1810|
|Michael Goodnight||Cabarrus, North Carolina||1810|
|Michael Goodnight||Cabarrus, North Carolina||1810|
[Giddens v. Williamson.]
ment. The want of consideration, fraud, or illegality between the assignor and assignee, is a matter of perfect indifference to him.”—See Littett v. Hord, Hardin, 81; Moore v. Penn, 5 Ala. 135 ; Agee v. Medlock, 25 Ala. 281.
The only other principle, on which the argument of appellant can be maintained, must be, that Steele could have pleaded his claim as a set-off at law. Now, to authorize this defense, it was necessary that Steele’s claim should have been such that he could maintain an action upon it, in his own name, when Miss Houston instituted her suit against him. At that time, Steele had paid nothing for Wood, and he could maintain no action at law against him, based on his liability for him as surety.—Lqftin v. S/iackelford, 17 Ala. 455 ; 2 Brick. Dig. 423, sections 14, 15, 22,23 ; Jones y. Blair, 57 Ala. 457. A court of law could render to complainant no relief whatever, in this cause ; and having a clear right to have his subsequently accruing claim against Wood, his insolvent principal, set oft against his own liability to Wood, which the latter had transferred to defraud his creditors, of whom Steele was one, equity had ample jurisdiction to relieve him.—Ingraham v. Foster, 31 Ala. 123; Carroll v. Malone, 28 Ala. 521; Tate v. Evans, 54 Ala. 16.
The Chancery Court committed an error, in decreeing costs against George Houston, who haj ceased to be a party long before the decree was rendered. This was a clerical error, which that court would have corrected, upon having its attention directed to it. It will be here corrected, at the costs of appellants. Being corrected, to the extent that the judgment, so far as it affects George Houston, is vacated, the decree of the chancellor is in all other respects affirmed.
Corrected and affirmed.
Giddens v. Williamson.
Garnishment on Judgment ; Claim of Exemption.
1. Assignment of jivlgineni to surety; garnishment thereon, and claim of exmption. — When a surety pays a jndgmeut rendered against him find his prin
cipal, and takes fin assignment of it to himself (Code, § 3418), he may assert, either at law of in equity, any lien or right which might have been asserted by the plaintiff; and may, therefore, sue out a garnishment on the judgment, and resist a claim of exemption which was not available against the plaintiff.
2. Ertmiplion as rtijainst debtn contracted prior to 1868. -As against debts contracted prior to the adoption of the constitution of 1868, there was no
[Giddens v. Williamson.]
exemption law in force between the 23d April, 1873, when the former laws were repealed, and the 9th February, 1877, when they were revived and re-enacted as to such debts.
3. What l’iu> ijoetrnn exemption.—The extent and ijunntuin of an exemption, whether of real or personal property, must be determined by the law which was of loree when the debt wns coutr.xoted, and not by that which is in force when the exemption is claimed.
4 Hamesleiul; e.r«>/i;>/iwi of firneefiln of salr.—When a debtor voluntarily sells his exempt homestead, the right of exemption is thareby waived and destroyed, and does not follow and adhere to the parch ise-mouey ; bat the rule may be different, when the Hale is involuntary, or by compulsion under legnl process.
Appeal from the Circuit Court of Lowndes.
Tried before tLe Hon. James Q. Smith.
This was a garnishment on a judgment, sued out by James T. Giddeus, the assignee of the plaintiff therein, against C. P. Rogers, as the debtor of Thomas P. Williamson, the principal defendant in the judgment; and the garuisbee having answered, admitting an indebtedness, a claim of exemption was thereupon interposed by the defendant, and contested by the plaintiff. On the trial of the motion, which was submitted to the court for decision, by consent of parties, the following facts were proved, as shown by the bill of exceptions : On the 2d November, 1871, Mrs. Susan Bruce recovered a judgment in the Circuit Court of Lowndes, against said Thomas P. Williamson, James T. Giddens, and A. Giddens, for $833, besides costs. The judgment was founded on a note, which was dated the 10th February, i860, and which was signed by said James T. Giddens as the surety of Williamson, and at his request. The judgment was paid by said Giddens, some time during the year 1874, but at what particular time is not shown ; and it was transferred to him by the plaintiff, on the same day, ” under the statute of Alabama.” The garnishment was sued out by said Giddens, on the 27th December, 1875, and was served on said Rogers, as garnishee, on the same day. The garnishee’s answer, which was filed and sworn to on the 4th May, 1876, stated, ” that he was indebted to said Williamson in the sum of $200, due the 1st November next, for which said Williamson held his note, dated about the 6th January, 1876, and due the 1st November next.” In his affidavit ami claim of exemption, which was made and filed on the 4th May, 1876, Williamson stated ” that said indebtedness was created by the sale of affiant’s homestead; that said homestead was not of the value of §2,000, and was exempt from levy and sale under execution ” ; that he was, at the time of making the affidavit, and also at the time of the sale, a resident citizen of said county, and was the head of a family, and did not own more than $1,000 worth of personal prop
[Giddens v. Williamson.]
erty ; and he claimed the debt as exempt, because it was the proceeds of sale of his homestead, and also under the law exempting personal property to the amount of $1,000. The facts stated in the affidavit and claim, it is recited, ” were admitted to be true ; and on the foregoing facts, being all the facts in the case, the court rendered judgment in favor of said Williamson, for the exemption claimed, and against said Giddens for the costs; to which ruling and judgment said Giddens excepted,” and ho here assigns it as error.
1-1 GEORGE DYKES, Sr. �
The progenitor of the Dykes family of Barnwell Co., SC appears to have been the George Duches/Dyches who witnessed the will of Thomas Giddings, 13 Jul 1747, Johnston Co., NC Hathaway (April 1900) furnished an abstract of the will: �
Giddings, Thomas. Johnston (Co.). Granddaughter Elizabeth, sons Jacob, William, Isaac, Benjamin and Abraham. July 13, 1747. Testators: Geo. Duches, Thos. Geesan, Thomas Lamberthan. Probated 05 Sep 1747 (pg. 217). �
It is likely that George Duches/Dyches was married to Elizabeth, the grand-daughter mentioned in the above will. It is interesting to note that the sons of Thomas Giddings were named Jacob, William, Isaac, Benjamin and Abraham. The names Jacob, William, Isaac and Benjamin were names that kept reappearing in subsequent Dykes families. The Gibbins/Giddens were also prominent in early Accomack Co., VA records and may have moved with the Dikes family to NC. �
The Dykes name has been found with many variations, due to it being spelled as the one writing it thought it should be: �
Duches, Dyches, Dyckes, Dyke, Dyche, Dike, Dyks, Diks, Duks, Dick, Dicks, Dix, Dickes, Dycks, probably other. �
The location of George Dykes, Sr. can be tracked through a series of deeds: �
Pitt Co., NC Deed Book B, pg. 100. 24 May 1762. Moses Tison of Pitt Co. for 10 pounds conveyed to George Dickes, planter, of Pitt Co., 100 a. on the S. side of Tarr River, on the N. side of Little Contentony (Contentnea) Creek, and on the E. side of the Broad Branch running up the said Branch to the mouth of the Old Woman’s Branch; Wit.: Aaron Tison, George Dicks, Jr. �
Pitt Co., NC Deed Book B, pg. 271. 06 Oct 1762. William Giddens sold to George Dyks a parcel of land on the N. side of Little Contentny Creek for 20 pounds “between the two plantations we now live on Jacob Giddings my gather and William Giddings“. Wit.: Sam. Albertson, Jacob Giddens. �
Pitt Co., NC Deed Book B, pg. 294. 06 Oct 1762. George Duks/Dyks sold this land back to William Giddings for 20 pounds. Wit.: Sam. Albertson, Jacob Giddens. This land was formerly owned by Moses Tison, patented 1761, and it was sold at a “sherriff’s sale” for failure to pay. �
Pitt Co., NC Deed Book C, pg. 125. 20 Jun 1764, 27 Aug. 1764. George Dikes sold 100 a. to Abraham Pettypool for 35 pounds. Wit.: John Tison, Ephraim Pettypool. �
Pitt Co., NC Entry No. 97, Warrant No. 211, Land Grant Office, Raleigh, NC. George Dyck received a grant for a 300 acre plantation, 01 Mar 1764, Pitt Co. It was surveyed for George Dikes, 22 Jul 1765, and the survey plat read: �
Beginning at a white oak Jacob Blount’s corner tree on Hencoop Branch, running along Blount’s line south continuing to Joseph Jackson’s line, then with his line and Chas.MacLain’s North 80 degrees, thence to the beginning. �
Pitt Co., NC Deed Book C, pg. 257. 01 Jun 1765. William Giddens sold to George Dikes, Junr., 100 A. for 40 pounds. Wit.: Jesse Moore, Auther Moore, Jr.
Descendants of Elizabeth Giddens
Generation No. 1
1. Elizabeth2 Giddens (Edward1) was born 07 September 1780 in NC, and died 04 January 1860 in Sharps Chapel, Union County, TN. She married Martin Luther Miller 05 February 1798 in Wilkes County, NC. He was born 1758 in Heidelberg, Germany, and died 17 August 1838 in Sharps Chapel, Claiborne County, TN.
More About Elizabeth Giddens:
Burial: Skaggs Cemetery, Union County, TN
Notes for Martin Luther Miller:
FIRST ACCOUNT: (Kansas Book)
Martin Miller one of the oldest, was born in Heidelberg, Germany, Aug 29, 1753 and died
Aug 29, 1838 in Claiborne County, TN. Married Feb 5, 1798 in Wilkes County, NC to Elizabeth Giddens, b. Sep 9, 1790 in NC, d. Jan 14, 1860 in Union County, TN.
They were first buried in Browning Cemetery, Claiborne County, and after Norris Dam was built their remains were moved to Skaggs Cemetery, Maynardville, Union County, TN.
They resided in Claiborne County 1832. Martin emigrated with his parents to America when he was seven years of age. Along with six brothers. His parents settled on the Hau River in NC and from there Martin joined the war. He was a Private and a musician according to his service papers. He served under Gen Nash and also Clark. One paper was signed by Blackbury and under his name was Bull Run. Martin was at Stoney Point, Germantown and he marched to Valley Forge and shared the dangers and hardships of the war. He fought to six years. He was also in the War of 1812. He entered the Rev. War in 1776.
Martin had six brothers from Germany and two sisters who were born in America. The brothers were older than Martin. They first came to New York City and then went to NC on the Hau River in Alamance County (Orange County) in NC.
Martin and Elizabeth were living in Big Valley on Clinch River in 1830′s. They lived east of Sharps Chapel, TN. Martin’s house was one of the first log Homes built. They were the parents of nine children and their descendents are numerous. They are located all over the USA. Martin was married three times. Issue from his first wife was two sons and two daughters. Descendents from these are not known to the Millers here. These are 1. Jane Miller b. 1791, m. Jesse Anderson; 2. Nancy Miller m. Noble Ousley; 3. John Miller m. Joyce Huddleston; 4. Geroge Miller, unmarried.
Martin’s second wife’s name is not known. This wife was probably killed during the war as there was fighting all around them.
Martin and his third wife were parents of nine children.
NOTE: It is thought Elizabeth could have been a sister to his second wife and possibly his third wife. Early days tradition was to marry, should a wife die, a sister, etc., or a close relative.
Martin Luther Miller (175801838) emigrated with his parents from Heidelberg, Germany to America sometime before the Rev. War. They settled on the Huro River in Alamance County (Orange County) NC, near McBane. Martin lived in that vicinity until he came to Claiborne County, TN, Circa 1800. He spent three years fighting in the Noth Carolina Line in the Revolution. (See Military Chapter, Vol III). Of Martin’s siblings, only this much is known (by this writer), and it is unauthenticated:
A. A sister, Katy Miller, b. in Germany, m. William Inklebarger, b. in Germany (the Inklebargers, presumably from North Carolina, settled on the Clinch River). Katy’s children:
A. William Inklebarger, the second, m1 Sallie Campbell, M2 Sallie Yates.
a. William, the third m. Rebecca Idle; their children: Nancy, William Campbell,
Adam Chesley, Johnathan, John Thomas, Annie, Francis, Stephen Rice,
Sarah Malissie, Crissie and Emmaline.
B. A sister who married a Maples.
C. A brother-in-law, James Johnson, named in Martin’s Widdows pension application
(in Claiborne County, TN) circa 1850.
Sometime after the war, Martin m1 Sallie Ritchie. He is reported to have had thirteen children. The four by Sallie Ritchie are unauthenticated:
1. Jane Miller, b. 1791 in NC, m. in 1809 to Jesse Anderson.
2. Nancy Miller, b. circa 1793, m. Noble Ousley.
3. John Miller, m. Joyce Huddleston.
4. George Miller, single.
In 1798 Martin Miller m2 Elizabeth Giddens (Giddeons), 1780-1860, of Wilkes County, NC, daughter of Edward Giddens (Edward died circa 1810 in Burke County, Johns River, NC, he m. Elizabeth________; his children were Ruben, Edward, Zephariah, William D., Mary Roda and Elizabeth). Martin and Elizabeth moved to Claiborne County in 1800-1801. He is reported to be related to Pleasant M. Miller who lived in Knox County in that era. In 1807, for his war services, he received a land bounty from NC, comprising a large section of land along Big Hunting Creek and extending to Sharps Chapel. He built his home near the creek and near what was once call Harbinson Cross Roads. His descendents lived near him. His home place was owned by a granddaughter, Sarah Miller Cook (Mrs Richard) until it was bought and razed by TVA.
Martin gave the land for the first Union School. A log house on Little Hunting Creek. His son Pleasant gave land for the next Union School built in 1886. His son William gave land in 1858 on which the Union Primitive Baptist Church was built on Little hunting Creek near the school.
Both Martin and his wife were buried in Browning Cemetery, but were moved by TVA and now lie in Skaggs Cemetery, Maynardville, TN.
THIRD ACCOUNT: (From Miller Chart)
Martin Miller, Revolutionary War soldier 1758-Aug 29, 1838. Born in Heidelberg, Germany. Resided in Claiborne County, TN. Buried in Skaggs Cemetery, Maynardville, TN. Enlistment Dec 22, l1776-Jan 27, 1780. He held rank of Private and was musician in the army. Fought in battle of Germantown under Gen George Washington. Officers under whom served: Captain Cook, Captain Alexander Mebane, and Colonel Clark.
First married Sallie Ritchie (b.? died before Feb 5, 1798) of NC. Second marriage to Elizabeth Giddens (Sep 7, 1780-Jan 4, 1860) in Wilkes County, NC on Feb 5, 1798.
On January 3,1850, the Tennessee Legislature, in its Private Acts of 1849-1850, Chapter No. 61, established a new county to be composed of fractions taken from the counties of Grainger, Claiborne, Campbell, Anderson and Knox, and to be known and designated by the name of Union County. After much wrangling and many legal hassles, Union County was officially recognized as a county in 1856.
More About Martin Luther Miller:
Burial: Skaggs Cemetery, Union County, TN
Children of Elizabeth Giddens and Martin Miller are:
|+||2||i.||Martin3 Miller, born 26 January 1794 in NC; died 21 February 1890 in Franklin Township, Putnam County, IN.|
|+||3||ii.||Louisa Miller, born 1803 in Claiborne County, TN; died 1856 in Union County, TN.|
|+||4||iii.||Emanuel Miller, born 01 April 1805 in Claiborne County, TN.|
|+||5||iv.||Pleasant Miller, born 06 December 1811 in Claiborne County, TN; died 30 July 1886 in Union County, TN.|
|+||6||v.||Daniel Miller, born 13 December 1813 in Claiborne County, TN; died 02 March 1899 in Rogersville, AL.|
|+||7||vi.||Isaiah Eli Miller, born 21 July 1816 in Claiborne County, TN; died 19 December 1893 in Union County, TN.|
|8||vii.||Elizabeth Miller, born 03 December 1819 in Claiborne County, TN; died 01 July 1856 in Union County, TN.|
|More About Elizabeth Miller:
Burial: Skaggs Cemetery, Maynardville, Union County, TN
|+||9||viii.||David R. Miller, born 02 May 1821 in Claiborne County, TN; died 16 August 1890 in Union County, TN.|
|+||10||ix.||William Alexander Miller, born 02 May 1821 in Claiborne County, TN; died Bet. 1870 – 1873 in Union County, TN.|