John Axton b abt 1630 England ? came to Virginia as an indentured servant or "head right" for Burwell Lewis of Charles City Co VA. In 1660, John Axton, with a partner Edward Cary, purchased 600 acres of land in what would become Stafford County Virginia.
The land had originally belonged to Capt David Mansfield/Mansell, a prominent landowner who was in the House of Burgesses for Virginia colony. David had given the land to his daughter, Mary Mansell/Mansfield, upon her marriage to Henry Blagrave I. Henry was the person who sold the land to Edward Cary & John Axton in 1660.
The land dispute arose after Henry Blagrave I's and Edward Cary's death. The widowed Mary Mansfield/Mansell remarried to a Mr Heard (also spelled Hard & Hoard), and NOT John Axton as has been erroneously reported by various researchers and on many online family trees. In 1686, Mary Mansell/Mansfield Blagrave along with her nephew? or son? (referred to as "Sonne in law) Henry Blagrave of New Kent Co VA & his wife Sarah sold the 600 acres of land (which still belonged to John Axton) to John Gowry & his wife Rachel.
STAFFORD COUNTY DEED & WILL ABSTRACTS 1686-1689 p19 (I've left off the witnesses' names, otherwise transcribed as per the book)
"Bee It Knowne by these presents that I HENRY BLAGRAVE of New Kent County in Virga. for a valuble consideration paid by JOHN GOWRY of Stafford Parish within ye county of Stafford doe fully discharge ye said JOHN GOWRY & have granted unto ye sd JNO GOWRY all my right and deman in land to Six hundred acres of land within the sd County of Stafford and by Pattent granted unto CAPT DAVID MANSFIELD my late Grandfather deced beareing date ye 6 day Octo Anno 1654. To Hold the sd Six Hundred acres of land to him ye sd JOHN GOWRY his heires and assignes for ever. In Witness whereof I have hereunto put my hand and Seale this 11 day of Oct 1686. HENRY (his mark) BLAGRAVE"
"I SARAH BLAGRAVE, wife of ye abovesd HENRY do acknowledge my right in as ample manner to JOHN GOWRY his heires as doth my husband, dated ye 11 October 1686 SARAH (her mark) BLAGRAVE"
"I, MRS MARY MANSFIELD now here do assigne and make over all my title of ye above sd land unto JOHN GOWRY his heires forever In Witness whereof I have here unto sett my hand and Seale this 13 October 1686 MARY HARD Seale"
"This Sale of Land was acknowledged in ye County Court of Stafford by JOHN WAUGH Attorney of HENRY BLAGRAVE and SARAH his wife unto JOHN GOWRY this 9 day of December 1686 And was then recorded."
"Know all men by these Presents that I , HENRY BLAGRAVE in New Kent county in Virga. and SARAH my wife do appoint MR JOHN WAUGH in Stafford County Minister to be our Lawful Attorney and in our name to acknowledge our right to Six hundred acres of land in the aforesd County unto JOHN GOWRY which sd right is granted unto aforesd GOWRY bearing date ye 11 Octr 1686 Signed HENRY BLAGRAVE SARAH BLAGRAVE"
STAFFORD COUNTY DEED & WILL ABSTRACTS 1686-1689 p38 (I've left off the witnesses' names, and info in red italics is mine, otherwise transcribed as per the book)
"Wm HORTON age sixty one yeares or thereabouts Subp:Sworne & Examined saith that ye Dept. (deponent) Very Well Remembers that sometime in July or Augt 1660 to ye best of yon Depts memory hee this Dept. and EDWARD CARY mett with Mr HENRY BLAGRAVE (Sr) at ye house of WM NEWELL at the Midle Planton (Plantation) and there the sd CARY pchased of ye sd Blagrave Six hundred acres of land lying on ye South side of POTTOMACK CREEK for Fourteen Hundred pounds of Tobo (Tobacco) & Caske (?) and he this Deponent did then and there draw a Convey of the same in the Name of the said BLAGRAVE unto the said CARY & JNO AXTON and he this Dept was Surity with the sd CARY unto the sd BLAGRAVE for ye sd One thousand Five hundred and nine pounds of Tobo and the next Winter there came a Certificate unto this Depts hand and the hand of MR FRANCIS KIRKMAN clerke of ye Genll Court that upon a Certaine day HENRY BLAGRAVE and MARY his wife came into open Court and Acknlowd ye sale of ye sd Six Hundred Acres of land unto ye sd CARY and AXTON and yon Dept. Very Well knows that ye sd CARY and AXTON pd ye said Tobo and further saith not. signed WM HORTON
And Further yon Dept sayth that he this Dept hath heard that CAPT DAVID MANSFIELD Father of said MARY did give the sd Land unto ye sd MARY but in what manner yon Dept. knows not. Sworne and Recorded in the County Court of Stafford this 10 day of March 1686/7"
STAFFORD COUNTY DEED & WILL ABSTRACTS 1686-1689 p43 (I've left off the witnesses names, and info in red italics is mine, otherwise transcribed as per the book)
"In Answer to an Ordr of Court held for Stafford County March 9: 10: 11: 1686/7 (illegible) Surveyed and Divided into three Equall parts for JOHN GOWRY a Divident tract of land containing two hundred acres ye line being ye northmost part of a Divdent of Six hundred acres of land taken up and pattented by CAPT DAVID MANSFIELD, since purchased by JNO AXTON bounded as followeth Beginning at an oake upon POTTOMACK CREEKE being ye northernmost corner and extending to ye woods South to a marked popelar upon AXTON'S SWAMP a little above ye Bridge & so along ye same course thence East to Pottomack creeke to ye Beginninge these being ye same Course as it is in ye Pattent the same being divided into three equal portions. JOHN GOWRY hath elected for his third of ye uncleared ground ye Westernmost Divident thereof also ye two plantons thereupon (Vizt) the Planton (plantation) whre JOHN GOWRY now lives & ye Planton where JACOB HUBBARD now lives being likewise divided into three equall parts as followeth (Vizt) Ye sd GOWRYS planton divided into two equal parts for two thirds of a line of stakes being a small marked Read Oake by the Northernmost outsyde extending cross ye planton South E to a small markt Sasafrax Southwardmost outside fence & ye planton where ye sd HUBEARD lives alloted for ye other third part of which Dividsion JNO GOWRY hath chosen ye Easternmost of ye Planton. Sign ROBERT BRENT Surveyr Recorded in ye County Court of Stafford this 8 day of June 1687"
"THOS GREGG Dept....That he this Dept in October last upon his journey to JAMESTOWN in Company with GERRARD LOWTHER & Mr NELSON put up at ye house of one MR HOARD with sd Compa. (company) & the sd LOWTHER falling into discourse with MARY ye wife of sd HOARD who was ye Relict of HENRY BLAGRAVE and Daughter to CAPT DAVID MANSFIELD touching & concerning ye said land by the sd MARY and her Husband BLAGRAVE sold ye six hundred acres of land to JNO AXTON and that the sd MARY ....did not acknowledge ye same at ye Genll Court at JAMESTOWN and further Declared yt for sake of her husband BLAGRAVE she would have freely parted with all she had... Deposeth yt this Difference was after ye sd GOWRY that is now some purchase of sd Land from her Sonne in Law, she then Declared yt the sd GOWRY has cheated her of some ... of ye sd land. Signed THOMAS GREGG Recorded in ye County Court of Stafford 9 day of June 1687"
STAFFORD COUNTY DEED & WILL ABSTRACTS 1686-1689 p43 (I've left off the witnesses' names, and info in red italics is mine, otherwise transcribed as per the book)
NOTE: John Axton apparently died in about 1687, and his daughter ANN AXTON and her first husband JOHN SMITH continued the land dispute in Stafford County Court.
"CHRISTN. WADDINGTON age fifty yeares or thereabouts Depons that JOHN SMITH for and on behalfe of ANN his Wife an Infant undr ye age of twenty & one yeares Daughter to JOHN AXTON late of Stafford Co deced agt (against) JOHN GOWRY & RACHELL his wife Defts....That Mr WM HORTON being imployed as Agent for JOHN AXTON....share of six hundfred acres of land within the County of Stafford...Potomack Creeke... & EDWARD CARY...for one HENRY BLAGRAVE & MARY his wife one of ye Daughters of Capt DAVID MANSFIELD....at ye Plantation of my husband where ye sd CARY & AXTON made their cropps for yt (that) yeare ye tobo ye sd BLAGRAVE there Recd upon ye West of ye sd Parcel & being Fifteene hundred pounds nett at least....signed CHRISTIAN (her marke)WADDINGTON Sworne & recorded in ye County Court of Stafford the 9 day of June 1687"
STAFFORD COUNTY DEED & WILL ABSTRACTS 1686-1689 p44 (I've left off the witnesses' names, and info in red italics is mine, otherwise transcribed as per the book)
"In Chancery, I, JOHN SMITH for & on ye behalfe of ANN my Wife an Infant under ye age of twenty & one yeares, Daughter of JNO AXTON late of Stafford County deced agt (against) JOHN GOWRY & RACHELL his Wife Defts.(defendants). The Depon (Deposition) of GERRARD LOWTHER of ye sd County aged thirty yeares or thereabouts sayeth that upon his Journey to Jamestown in Compa (company) with Mr THOS GREGG of ye sd County & .... MR NELSON, this Depts with ye sd Compa went to ye house of one Mr DAVID MANSFIELD where this Dept & ye sd Mr GREGG the sd NELSON entered into discourse with ye sd MARY concerninge ye Sale of Six hundred acres of land Situate & being on ye South side of Pottamack Creek in this ye sd County and sd MARY her sd husband BLAGRAVE to JNO AXTON & EDW CARY late of ye sd County (part whereof is still in question) MARY declared yt she and her sd Husband BLAGRAVE sold ye sd Six hundred acres of land to ye sd JOHN AXTON & EDW CARY & yt her sd husband did acknowledge the Deede of Sale thereof to AXTON & CARY at ye Genll Court at JAMESTOWNE, and further delcared yt for the sake of her said husband BLAGRAVE she would truely have parted with all shee hade or words purporting ye same & further Deposeth that this Descourse was some few days after sd GOWRY had purchased ye sd Land & that she then further Declared yt sd GOWRY had cheated her Sonne in Law & that he should not have the land nor any other hereof ye sd AXTON & further deposeth not. Signed GERRARD LOWTHER Recorded in ye County Court of Stafford this 9 day of June 1687"
STAFFORD COUNTY DEED & WILL ABSTRACTS 1686-1689 p58-58a(I've left off the witnesses' names, and info in red italics is mine, otherwise transcribed as per the book)
NOTE: Apparently JOHN SMITH & ANN AXTON SMITH were successful in obtaining all but two hundred acres of the 600 acre parcel; the last two entries on this land dispute indicate how the matter of the two hundred acres was resolved between John & Ann Axton Smith, and John Gowry & wife Rachell.
"Articles of Agreement Indedted agreed upon betweene JOHN GOWRY of the County of Stafford & RACHELL his wife and JOHN SMITH of sd County & ANNE his wife. Whereas there has been a suit and Controversies depending between the said JOHN GOWRY & JOHN SMITH touching their respective Rights to two hundred acres of land within the county of Stafford which sd two hundred acres of land is the Remainder of a Pattent of Six hundred acres of land taken up by Capt DAVID MANSFIELD and purchased by JOHN AXTON & EDWARD CARY in fee from Mr BLAGRAVE & his wife the Daughter of sd MANSFIELD. Whereas the said Deed of Purchase from sd BLAGRAVE & wife is not to bee found, whereon the sd GOWRY did repurchase of the heires of the sd MANSFIELD the said Land which sd GOWRY did sell on foot against the sd SMITH who did marry the heire of the whole blood to the sd AXTON sonne who was heire to the sd JOHN AXTON who was ye Surviving Joynt Tenant with the Said CARY. Now to the end all further differences and Controversies may bee avoyed it is concluded & agreed upon between the said JOHN SMITH & JOHN GOWRY mutually from them & their heiress that for the equall dividing of the sd two hundred acres the sd SMITH & GOWRY have made their choyce as follows (Vizt) yt said JOHN SMITH shall for his share & proportion of sd two hundred acres of land hold from the Swamp running Northerly to the Springe from the sd Springe along ye Corne field fence due North to ye Creeke & yt said JOHN GOWRY & his heires shall hold & injoy the Residue of the sd two hundred acres of land beinge the upper part of the sd two hundred acres & yet each of thei their heires shall hold their sd respective parts as aforesd with all ye housing & fencing against ye claime of each other, and JOHN GOWRY doth agree with the sd JOHN SMITH that sd JOHN GOWRY shall by the last of Decembr next at his own costs emplouy a suffitient & able Carpenter to build a Fifteene foote Dwelling house upon some convenient place of sd JOHN SMITHs land where hee or his heires shall thinke fitt which sd House shall be built with an Outsyde Chymney & good & suffitient & substantiall ye sd JOHN SMITH only to help to gett ye timber. And it is agreed betweeene sd ptyes yt they shall mutually have ye benefitte of the Orchard & Pasture upon the said Land. In Witness whereof the pties have hereunto set hands & Seales this 11 day of July 1687 Signed JOHN GOWRY, RACHEL (her mark)GOWRY, JOHN (his mark) SMITH, ANN (her mark) SMITH. Recorded in ye County of Stafford this 13 day of July 1687"
"Know all ye men by these presents that I, JOHN SMITH, of Stafford County doe fully (for consideration recd) discharge JOHN GOWRY of the aforesd County from all debts due. Childrenes portions due to me as marryinge the Eldest Daughter of JOHN AXTON Deced or due to me or her as Admx (administrators) to JOHN AXTON JUNR, Estate or from all demand of any part of Estate due to her or me from sd JOHN GOWRY or from any other claime wtsoever from the beginninge of the World to this day. AS Witness or hands & Seales this 27th day of July 1687. Signed JOHN SMITH, ANNE SMITH . Recorded in the County Court of Stafford this 13 day of July 1687"
Final Note: JOHN SMITH must have died around 1688, and ANN AXTON remarried to a WHITECOTTON, commonly thought to be ISHAM WHITECOTTON (though I have yet to find any records for him). In 1707, MEALY WHITECOTTON, noted as the son & heir of ANN (AXTON) (SMITH) WHITECOTTON, sold 200 acres of the disputed land to JOHN GOWRY. Source: footnote in book "The Register of Overwharton Parish, Stafford County Virginia" by George Harrison Sanford King, publ 1961. The name "Mealy" incidently, is a variant spelling of the surname "O'Malley", "Malley" or "Maley". More research to come!