8

Lands of Nicholas Davies, Fry and Company, and

Others in Northeast Bedford and Southwest

Amherst Counties Virginia

By Thomas T Bannister

July 2005

From its passage through the Blue Ridge, James River flows southeasterly about 23 miles - as the crow flies - to Lynchburgh. To the north of the River lies Amherst County, to the south Bedford County. Along this reach of the River, in both Counties, patents granting crown land began to be issued about 1743. Among early patentees were a number prominent in colonial Virginia. Of particular interest to the writer were Nicholas Davies and a consortium later referred to as "Fry and Company". Here reported is an effort to locate and map the lands of Davies and Fry and Company. Incidental to the effort, lands granted many others have also been mapped.

Nicholas Davies

Nicholas Davies was born in England ca 1709, came to Va in 1728, and became an agent of Col Tho Randolph of Tuckahoe. In 1733 Davies married Randolph's widow Judith. After her death in 1743, Davies wed Catherine Whiting Clayton who bore an only child Henry Landon Davies. Nicholas Davies died in 17941. During his lifetime, Davies received 37 patents or grants and amassed a very large acreage. In Cumberland County, he possessed about 4284 acres along Muddy Creek. 31 of the patents and grants delivered lands located in modern Bedford and Amherst. Many of Davies' later patents and grants included tracts granted him earlier. Taking care to count a tract only once, Davies accumulated acreage in Bedford-Amherst was still huge, about 40,284 acres. At his death in 1794, many of Davies' holdings in Cumberland and Bedford-Amherst passed to son Henry Landon Davies.

Fry and Company

In modern Bedford, three tracts (herein A, B, and C) amounting to 17,510 acres were surveyed in 1751 for a consortium later referred to as "Fry and Company" (Albemarle Surveyors Book Vol 1, pages 177, 181, and 231). The legend accompanying plat A names the grantees and reads as follows:

"A plot of 1790 acres of land in Albemarle lying on Tomahawk & Rockcastle creeks of Blackwater Surveyed for the Honble William Dawson Esq, Colo Joshua Fry, Colo Peter Jefferson, Capt Charles Lynch, Capt Thomas Ballow and Thomas Turpin March 30th 1751. By Thos Turpin Asst Sur."

All these were prominent in 18th century Virginia. Wm Dawson (1705-1752) served on His Majesty's Council and as President of the College of Wm & Mary2. Joshua Fry (ca 1700- 1754) and Peter Jefferson (1708-1757) are well known for military service, surveying, and map making. Charles Lynch received a patent for 1590 acres in 1750 lying on both sides of James River at the site modern Lynchburg; he and descendant John Lynch received many additional grants and gave Lynchburg its name. In modern Buckingham County, one or more Thomas Ballows patented 150 acres on James River above Seven Islands in 1734 and 1950 acres nearby in 1766. Thomas Turpin (1708-1790) received numerous patents for lands in modern Powhatan, Cumberland, Buckingham, Appomattox, and Bedford Counties. He served as Assistant Surveyor under Joshua Fry in Albemarle and was a brother-in-law of Peter Jefferson.

In the Albemarle Surveyors Book, plat A was undivided. Eventually, the land within the survey was patented: 300 acres by Tho Turpin and 298 acres by Jno Dawson in 1762, 596 acres by David Meriwether in 1763, 298 acres by Tho Jefferson in 1768, and 298 acres by Anthony Murray in 1769.

The legend for plat B is identical except the area is 11,770 acres and the words "by order of Council" are included. Unlike plat A, plat B was partitioned into 6 tracts surrounding but not including Nicholas Davies tract h. The six lots bear names of assignees: John Dawson, Samuel Cobbs junior, Thos Meriwether, Peter Jefferson, Tho Ballow, and Tho Turpin. Eventually, the six tracts were patented: 2240 acres by Thomas Turpin in 1761, and 1780 acres by Jno Dawson in 1763. Of the remaining four tracts, the patentees differed from the assignees. The 1860 acres assigned Thomas Meriwether were patented by Nicholas Meriwether in 1763. The 2000 acres assigned Peter Jefferson were patented by Thomas Jefferson in 1768. The 1850 acres assigned Thomas Ballow were patented by Anthony Murray in 1769. Finally, the 2040 acres assigned Samuel Cobbs jr was divided in three portions and patented by Robert, Edmund, and John Cobbs in 1774.

Plat C, on the branches of old Tuckahoe, now Reed Creek, included 3950 acres and, like Plat B, was partitioned into six lots for the same six assignees. No legend accompanies the plat in the Surveyors Book. Presumably, the legend would have read "...Surveyed for..." the same six grantees named in the legends of Plats A and B ..."by Thos Turpin...1751". All six tracts were later patented: 690 acres by Jno Dawson in 1762, 700 acres by Tho Turpin in 1763, 650 acres assigned Thomas Meriwether by Francis Meriwether in 1763, 760 acres assigned Peter Jefferson by Thomas Jefferson in 1768, 630 acres assigned Thomas Ballow by Anthony Murray in 1769, and 600 acres assigned Samuel Cobbs jr by John Waddy in 1773.

Description of Maps (gif files)

Results of the study are shown in a series of maps. Three maps define the longitude-latitude window. The map Area shows modern County and Lynchburg boundaries (black) and streams (blue); principal streams are identified. A 5-mile grid shows the scale. Longitude and latitude at the SW and NE corners are stated; the same longitude-latitude window applies to all of the maps. The map Mtns shows the topography and streams, and identifies some of the mountains. The map Roads shows modern major and secondary roads superimposed upon located tracts. The boundaries, elevation contours, streams, and roads were all plotted from 100K USGS DLG files.

A series of five maps 1759, 1770, 1783, 1792, and 1844, named for the last year of issuance of the surveys drawn, chart the gradual taking up of lands by patents and grants. Each map shows all surveys issued from 1743 through the year of the map name. Generally, survey lines are drawn in dark green. However, beginning with map 1770, the lines of those surveys granted in the most recent interval are drawn in red; for example, in the map 1770, red outlines tracts granted in the years 1760 through 1770, and green lines mark tracts granted prior to 1760. Tracts have been painted to identify those of Davies (orange), the several patentees of Fry and Company lands (colors shown in maps 1759, 1770, and 1783), those of Charles, Sarah, and John Lynch (yellow), and of all others (pale green). White space marks areas for which no patents or grants have yet been found, or areas where there are unresolved discrepancies in recorded survey lines, or in the northeast where lines of surveys in Amherst have been omitted. These maps also show streams and, except for map 1759, a longitude-latitude grid - the latter useful in conjunction with the file NDavies.DB in locating any listed survey.

Map 1759

This map shows the tracts patented from 1743 through 1759. Eleven Davies patents, marked by letters a through k, were issued between 1744 and 1748. The three tracts i, j, and k all reference Judiths Creek, but their locations remain undetermined.

Outlined in black are the bounds of a 25,000 acres survey for Nicholas Davies, executed by William Cabell and recorded in 1754 (ASB 1:277). This new survey included Davies' previous surveys except for tract h. A patent for the land was issued to Davies in 1760. Davies' lines skirted the tract Q which was

patented Robt Davis in 1749. The tract R, patented by Thomas Watts in 1748, was later incorporated into Davies patent of 1784.

Also shown, outlined in purple, are the three plats surveyed for William Dawson and partners and recorded in the Albemarle Surveyors Book in 1751 (ASB 1:177, 181, 231). Neither these plats nor the later patents of the lots within these plats use the phrase "Fry and Company". But the 1754 survey for Nichols Davies and many later surveys of adjacent tracts employ this phrase in identifying common lines and stations. These lines and stations are marked on the map with red squares; clearly these marks all lie on the perimeters of the three plats.

The survey for plat C, and also some of the surveys of the lots recorded in the patents, referenced a creek by the old name of Tuckahoe. For a long time, the location of this creek was unknown. Eventually the problem was solved when the 1754 survey for Davies was examined. The record shows not only the plat of the lines but also the course of James River and the names of tributaries. Tuckahoe Creek is shown entering the James between Cabin Creek and Hunting Creek. Reed Creek is the modern name.

Curiously, Davies' 1754 survey intruded into the east end of the northernmost subdivision of Plat C, the 690 acre lot assigned to John Dawson. Oddly, a patent was issued to Dawson in 1762 for the 690 acre lot. In 1783, the lot assigned Dawson, but diminished by removal of the portion claimed by Davies, was patented by Samuel Hatcher.

Map 1770

Outlined in red are the tracts for which patents were issued in the interval 1760-1770. Among these, is Davies' 25,000 acre tract, his tract m in Bedford-Amherst, of which the survey was recorded in 1754 and the patent issued in 1760. In this same interval, all the subdivisions of the three Fry and Company lands were patented except for the lots assigned to Samuel Cobbs junior in plats B an C.

The recorded lines of Davies' 25,000 acre tract consist of six fragments separated by six gaps in which the boundary ran up or down James River, the distances but no bearings being recorded. In brief, the fragments ran as follows:

Fragment 1 began on the south side of the James River just above the mouth of Judiths Creek. A sequence of 93 lines carried the boundary initially WSWly, then skirted Flemings Mt, then ran WNWly to Hunting Creek, then Ely and Nly to a station on the S side of the River apparently in the vicinity of Snow Creek.

Gap 1 ensued, the boundary running 554 poles down the S side of the James.

Fragment 2 began at a station on the S side of the River in the vicinity of Rawleys Island. Two short lines crossed the south channel to the upper point of Rawleys Island, then across the north channel to the mouth of Otter Creek.

Gap 2 was a short line 40 poles up the James.

Fragment 3 consisted of four lines running easterly, then south, southwesterly, and southeasterly, enclosing 25 acres on both sides of Otter Creek, and ending at the James.

Gap 3 ran 40 poles down the N side of the River.

Fragment 4 was three lines running down the north side of the James, then crossing Rawleys Island and the two channels, ending at the mouth of Hunting Creek.

Gap 4 ran down the S side of the River 346 poles to the mouth of Tuckahoe Creek.

Fragment 5. From Tuckahoe Creek, 43 lines carried the boundary across the River to the N side, then Ely, SEly, Wly, and then skirting two tracts later patented by Richard & Roland Burk back to the River.

Gap 5 ran 2900 poles up the N side of the River.

Fragment 6 consisted of 4 lines skirting a 400 acre, rectangular tract patented by Robt Davis (Tract Q of map 1759), then crossing the River to the S side.

Gap 6 ran down the S side of the River 4260 poles to the beginning.

In plotting Davies' lines, some of the the recorded lines were modified in two ways. 1) From the beginning on James River, the lines of fragment 1 clearly follow the lines of plat B of Fry and Company. But a number of small discrepancies in distances or bearings resulted in a "smear" of overlapping lines. To produce a cleaner plot, small adjustments of Davies lines were made.

2) An important error appears to exist in the span between Cabin and Tuckahoe Creeks. The problem is that the lines of fragment 1 do not quite span the distance from Judiths Creek to Tuckahoe Creek (and on to Petites Gap by the extended lines of Davies 1771 patent). Perhaps a line (or lines) was omitted from the record, or else distances or bearings mis-recorded. The problem was dealt with by subdividing fragment 1 into two fragments, a new gap being introduced near Cabin Creek. The gap is evident in maps 1759 and 1770.

A similar problem exists with fragment 5: the final Davies lines if correct would force portions of the Burk tracts to lie on both sides of the River which was certainly not the case. Probably a Davies line was neglected in the recording. Again the problem was dealt with by segregating the last three lines of fragment 5 into an additional fragment as shown in map 1759.

Map 1783

Outlined in red, numerous tracts were patented in the interval 1771 to 1783. Of the Fry and Company plats B and C, the lots which had been assigned to Samuel Cobbs junior in 1751 were finally patented. The lot in plat B was divided into three parts and granted to Robert, Edmund, and John Cobbs in 1774. The lot in plat C was granted to John Waddy in 1773. Curiously, the Waddy patent recorded all bearings as the complements - ie, 180 degrees rotated - of those of Plat C. Thus when initially plotted, the lot was a mirror image of the Cobbs' lot of Plat C. The bearings were corrected to match those of Plat C.

In the interval, Nicholas Davies patented two small tracts (tracts o and p) lying on Pedlar River and adjacent to his 25,000 acre tract. More importantly, in 1771 he received a patent for 31,303 acres. This new patent enlarged the 25,000 acres tract by about 6,303 acres. In the map green lines show the bounds of the 25,000 acre tract granted in 1760, and red lines the bounds of the 31,303 acres granted in 1771. North of the James, the lines were unchanged. South of River, the new lines added all of Flemings Mt and a strip of land crossing the headwaters of Indian Run and Cabin Creek. From Tuckahoe Creek to Hunting Creek, the old and new lines were the same. But from Hunting Creek, the new lines ran NWly to the crest of the Blue Ridge at Petites Gap, then down Battery Creek (no bearings are given), and finally by lines forming a new fragment NEly, Nly, NWly to James River. The new fragment fails to span the whole distance from Battery Creek to James River; perhaps a line was omitted in the record.