Updated November 25, 2022
Background
Fayette County was created on 20 December 1824, from portions of Tuscaloosa and Marion counties. It is located in the northwest-central section of the state. It currently encompasses 630 square miles. The county was named for Gen. Marie Jean Paul Joseph Roche Yves Gilbert du Motier, Marquis de Lafayette, who was touring Alabama at the time of the county's formation. The county seat is located in the town of Fayette. A courthouse fire in 1866 resulted in the loss of numerous early records.Overview
Howell Gilliam a descendant of the Gilliams of Albemarle Parish, Surry County, VA settled in Fayette County, AL
Agricultural Census
The Fayette County, Alabama, 1850 Agricultural Census lists Howell Gilliam, with 60 acres of improved land, 70 acres of unimproved land, a farm with a $175 cash value, and Farm implements and machinery worth $3.00, and no listing of livestock or their value.
Fayette County Alabama 1850 Agricultural Census, by Linda Green, the Alabama Genealogical Society Magazine, Vol. 31, Fall/Winter 1999, p. 1.
Deeds
22 Nov 1843
Deed to Howell Gilliam from John & Eliza Ann Ashcraft, 1843 filed in Office for record 29th October 1850 of which the following is a true copy to wit, The State of Alabama Fayette County this the 22nd day of November in the year of our Lord One thousand eight hundred and forty-three between John M. Ashcraft and Eliza Ann Ashcraft his wife of the first Part & Howell Gilliam of the second part witnesseth that for and in consideration of the sum of One hundred dollars to him in hand & paid at & before the Sealing and delivery of these presents by the Said party of the second part the receipt whereof is hereby acknowledged hath granted bargained sold and conveyed & hath by these Presents grant bargain Sell & convey to the said party of the second part and to his heirs & assigns for the following described tract or parcel of Land lying and being in the county of Fayette & State of Alabama viz; Thirty acres off of the South end of the east half of the south east quarter of Section 30 of Township 17 Range 12 West in the District of Tuscaloosa containing thirty acres more or less Together with all aids singular, the tenements & appurtenances thereunto belonging or in any wise appertaining and also all the estate right title interest claim or . . . ____ of these the said John M Ashcraft & Eliza An Ashcraft his wife said party of the first part either in law or equity of in and to the above bargain premises and any part and parcel thereof to have and sold to the same party of the second part--his heirs and assigns to the sale and only proper use benefit and ? of the said Party of the first Part for themselves their heirs executors administrators doth hereby ? and will forever defend the title of the above bargained _____ To the said Howell Gilliam his heirs assigns free from the claim or claims of all and every person or persons ____ as also from the Claims of the General Government in Testimony whereof the aforesaid Party of the first part hath Present set his hand & affixed their seals the day and year above entered.
Signed Sealed Acknowledged in the Presence of Edward Lowry, JP.
Sig: John Ashcraft (seal) Eliza Ann Ashcraft (her mark and seal)
The State of Alabama Fayette County. Before Me Edward Lowry a Justice of the Peace in and for said County Personally appeared John M. Ashcraft & Eliza Ann Ashcraft his wife the first party of the foregoing deed & signed dated & delivered the same on the day and year therein mentioned to said Howell Gilliam & the said Eliza Ann Ashcraft wife of the Said John W. Ashcraft being by me examined as the law direct separate & apart from her Said husband acknowledged that she Signed sealed and delivered the same as her own voluntary act not being influenced thus from any fear threats compulsions of her said husband.
Given under my hand and seal the 22nd day of November 1844.
Sig: Edward Lowry (seal)
The State of Alabama Fayette County. I John C. Moore Judge of Probate Court in and for said county do hereby certify that the foregoing deed was filed in office for record the 29th day of October AD 1850 and was duly recorded in Book EO Vol 6, Page 432 of the record of deeds of my said office at office Given under my hand at office on the 8th day of March 1851 AD.
John C. Moore Judge of Probate Court
Fayette County, AL Deed Book EO, Volume 6, page 432.
22 No 1843
Deed to Howell Gilliam from Elcaney Ward, 1844 in Office for record 29th October 1850 of which the following is a true copy to wit, the State if Alabama Fayette County this indenture made this the 22nd November in the year of our Lord One thousand eight hundred and forty three between Elcaney Ward and Mary Ward his wife of the first part and Howell Gilliam of the second part, Witnesseth that for and in consideration of the Sum of a hundred dollars to him in hand paid at and before the sealing and delivery of these presents by the said party of the Second part the receipt thereof is hereby acknowledged . . . for the following described tract or parcel of land lying and being in the County of Fayette State of Alabama viz, Commence as at the north west Pines of the of NE w/4 Sec 31 Township 17 Range 18 therein South 14 Rods then west 29 ? 33 to Sec line thence north 24 Rods to Branch thence forward and Branch ___ Line of the ? SE w/4 Sec 31 Township 17 Range 13 West thence along each west Rods to commence to containing 88 acres more or less.
Together with all and singular tenements & appurtenances thereunto belonging or in any wise appertaining .....In testimony whereof the aforesaid party of the first part hath hereunto set their hand and affixed their seals the day and year above written.
Signed sealed and delivered in presence of Edward Lowry JP
Sig: Elcaney Ward (his X mark) Mary Ward (her X mark)
State of Alabama Fayette County. Mary Ward was interviewed by Edward Lowry regarding her willingness to sell property without coercion; she said it was voluntary on her part. 22nd day of November 1844.
Document was filed in Office for Record the 29th day of October 1850 and duly recorded in Book EO Vol 6, of the record of deeds
Deed of Thomas Ashcraft to Howell Gilliam, 1850 Filed in office for record 29th October 1850 of which the following is a true copy to wit The state of Alabama, Fayette County.
Fayette County, AL Deed Book EO, Volume 6, page ___.
6 Mar 1850
This indenture made 6th day of March in the Year of our Lord one thousand eight hundred and fifty between Thomas Ashcraft and Rebecah Ashcraft his wife of the first Part and Howell Gilliam of the second part Witnesseth that the said party of the first part for an in consideration of the Sum of Two hundred dollars to him in hand paid at and before the sealing and delivery of these Presents by the Said party of the Second part the the receipt thereof is hereby acknowledged and grant bargain Sell and convey unto the said party of the second part his heirs and assigns forever the following described tract or parcel of land lying and being in the county of Fayette and State of Alabama to wit the Southwest fourth of NW 1/4 of Section 8 Township 17 and Range 12 West containing forty acres more or less. Together with all and Singular the tenements and appurtenances thereunto belonging or in . . . appertaining also the Estate Right title interest claim on demand whatever of the the Said Thomas Ashcraft and Rebecah Ashcraft his wife and parties of the first Part Either in law or Equity of in and to the above bargained Promises and any part and parcel thereof To have and to hold to the said party of the Second Part to his heirs and assigns forever and the Said party of the first Part for themselves their heirs Executors and Administrators doth hereby . . . and will forever defend the title of the above bargained promises. To Howell Gilliam his heirs and assigns free from the claim or claims of all and any person or persons Whomsoever as also the claim of the General Government In testimony whereof the aforesaid party of the first Part hath hereunto set their hands and affixed did the day and date above mentioned.
Signed Sealed Acknowledged and delivered in the Presence of mark
Sig: Thomas [his X mark] Ashcraft (Seal)
B.A. JP Rebeccah Ashcraft (Seal)
The State of Alabama Fayette County
Personally appeared Before me B. A. an acting Justice of the Peace in and for the County Thomas Ashcraft and Rebecah Ashcraft his wife and acknowledged that they signed Sealed and delivered the foregoing deed of Trust unto Howell Gilliam on this day and year therein Mentioned and the said Rebeccah Ashcraft wife of Said Thomas Ashcraft being by me examined as the law directs separate and apart from her husband and acknowledged that she signed sealed and delivered the Same as her own voluntary act to the above deed of land not being influenced to do so by any fear therein or compulsing of her Said husband.
Given under my hand and Seal B.A. (Seal) JP
The State of Alabama, Fayette County. I John C. Moore Judge of probate Court in and or said County do hereby certify that the foregoing deed was filed in office for record the 29th day of October AD 1850 and was duly recorded in Book EO Vol 6, Page 435 of the record of deeds of my said office. Given under my hand at office this the 11th day of March AD 1851.
John C. Moore Judge of Probate.
Fayette County, AL Deed Book EO, Volume 6, page 435.
19 Oct 1850
Jesse McCool to Howell Gilliam
Deed in Trust Filed in office for . . . 29th Oct. 1850 of which the following is a true copy to wit this Indenture made the 19th day of October 1850 between Jesse McCool of the first part, A. J. Smith of the second part, and Howell Gilliam of the third part whereas the said McCool is Justly endebited to the said Gilliam in the sum of Seven hundred and forty dollars by notes bearing . . . dates with these presents and upon which i has been on 2 & Fifty dollars due on the 1st day of January 1852. & Two hundred & fifty dollars due on the 1st day of January 1853. And Two hundred & forty dollars due 1st day of January 1853, and Two hundred & forty dollars due 1st day of January 1854, And the said McCool being willing and desirous of securing the said Gilliam in the punctual payment of the said sum of money, Now this Indenture ____ That for and in consideration of the promises and the further consideration of one dollar to the said McCool paid by the said Smith this receipt whereof is hereby acknowledged hath granted bargained sold and conveyed and doth by the presents sell and convey unto the said party of the second part and to his heirs executors and assigns the following described tract or parcel of land viz being a part of the East half of the South quarter S 30 Township 17 Range 12 north containing twenty acres also Eight acres and a half of the W1/2 of the NE 1/4 Sec. 31 - Township Seventeen Range 13 N also the SW 1/4 of the NW 1/4 of Sec 31, T 17, Range 12 North containing forty acres more or less/also a part of the NE 1/4 quarter and a part of the NW 1/4 quarter of the NE quarter S 31 T 17 R 12 West/and a part of the SW quarter of the SE quarter of Sec 30. T 7, R 12 West containing sixty acres more or less to have and to hold the said lands together with the tenements and appurtenances thereunto belonging or any wise appertaining to have and to hold the said land, and serves the life that the party of the second part permit the party of the first part to remain in peaceable possession of said land be defaulth be made in the payment of said sum of money and there upon this farther trust that so soon after the__ Of such default as the party of the third part may request the party of the second part is surely authorized and required to sell said land at public auction on the premises after having advertised the hour and place of said sale by written advertisements set up at these or most public places at tract thirty days previous to such intended sale and out of the money arising from said sale after defraying expenses pay & satisfy said note of seven hundred and forty dollars and all interest ___ or so much thereof as may ? due and unpaid and the over plus money if any there be pay to the party of the first part and the party of the second part is authorized and required to make to the purchaser a title deed conveyance for the same But should the said McCool pay said notes so that no defaulth be made therein then the above indenture to be null & void otherwise to remain in full force & (effect) virtue in testimony whereof the partys have herewith set these hands and seals the date above written.
Sig: Jesse McCool (his X mark), A. J. Smith (seal) ,Howell Gilliam (seal)
The State of Alabama, Fayette County. Personally appeared before me Calvin Poe an acting justice of the peace ____
For said County Jesse McCool, A J Smith, and Howell Gilliam (who severally being sworn acknowledged that they signed sealed and delivered the foregoing deed for the express purpose therein contained this 9th day of October 1850.
Calvin Poe Justice of the Peace
The State of Alabama Fayette County. I John C. Moore Judge of Probate in and for said County do hereby certify that the within and foregoing deed was filed in office for record the 29th October 1850 and was duly recorded by me in record Book EO. Vol 6 pages 390 & 391 of the record of deeds of my said office.
Sworn under my hand at office this 1st day November 1850.
John C. Moore, Judge of Probate
Fayette County, AL Deed Book EO, Volume 6, page 390-391.
24 Sep 1853
E. Newman to Peter Gilliam filed for record the 25th August 1860, indenture made 24 Sept 1853 between Elijah Newman and Susan Newman his wife and Peter Gilliam all of Fayette County, Alabama, East half of the NW qtr of Section 8 in Twp 76 Range 14 W, Fayette Co. containing 80 acres more or less and appurtenances thereto . . . $200.00.
Wit: James Brock, Justice of the Peace. James Brock, JP, stated under oath that Elijah Newman and Susan Newman, Elijah's wife, appeared before him to acknowledge that they signed the foregoing deed on the day and year therein mentioned and that the Said Susan "being by and previously examined Separate from her Said husband acknowledged that She Signed Sealed and delivered the foregoing deed and thereby relinquished her right of Claim to Dower full and voluntarily and of her own accord . . . "
Sig: James Brock, JP, 24th Sept. 1853.
Fayette County, AL Deed Book EO, Volume 12, page ____
Patents
1 Jun 1858
On June 1, 1858, President James Buchanan signed a patent with the General Land Office for Howell Gilliam of Fayette County, AL. Howell had deposited a Certificate of the Register of the Land Office at Tuscaloosa, AL, according to the provisions of the Act of Congress of the 24th of April 1820, entitled "An act making further provision for the sale of the Public Lands, for the South half of the South East quarter of Section three, in Township sixteen of Range fourteen West, in the district of lands subject to sale at Tuscaloosa, Alabama, containing eighty acres and thirty two hundredths of an acre.
1 Jun 1860
On June 1, 1860, President James Buchanan again signed a patent with the General Land Office for Howell Gilliam of Fayette County, Alabama. Howell had deposited in the General Land Office of the U.S. a Certificate of the Register of the Land Office at Tuscaloosa, for the North East quarter of the South East quarter, the South East quarter of the North East quarter of Section three, the South West quarter of the North West quarter, and the North West quarter of the South West quarter of Section two, in Township sixteen, of Range fourteen, West, in the District of Lands subject to sale at Tuscaloosa, Alabama, containing One hundred and sixty Acres and forty two hundredths of an acre.
Wills, Estate, Etc.
Peter Gilliam's Estate Settlement, 1867
State of Alabama, Fayette County
Probate Court of Said County Special Term the 5 day of Jan'ry 1867. To R. Allen Smith Esqr. Sectry. You will please take notice that Mrs. Mary A. Gillum Administratus of the Estate of Peter Gillum late of Said county decd has this day filled [filed] his account voucher evidence for a partial settlement of her Administration of Said Estate.
Thus, the court set February 8, 1867 as the date for the hearing.
Sig: B. A. Williams, Judge of Probate.
Mary A. Gillum, Admr. The Estate of Peter Gillum Decsd in . . . amount in Partial Settlement
Confederate Money
Note on W. A. Cash Due 25 Dec. 1862 12.00
Feb. 23, 1861 4.25
Note on W. A. Cash, Fob Williams & J. R. Cooper 101.58
Confederate Money on Hand 63.70
Calvin Guin 25.00
Calvin Guin 9.00
215.53
Collected on Sale Bill Greenback
Peter McGee in Specie 1.50
Sarah Guin, Green Back 6.00
Thomas Adams 4.00
Mary Gillum 7.05
Mary Gillum 8.00
J. C. Johnson 6.85
C. Guin 42.00
On W. J. Cloer note 25.00
Rachel Mitchell 84.00
Mary Gillum 68.00
W.A. Cash 12.75
J. W. Moore (Gold) in full of note 50.00
C. Guin Green Back 4.05
Sold 23 Dollars of Alabama Money?
Or as follows (Green Back)
1 Dr. Kenedy Receipt $5.00
2 Tasc 1866 2.38
3. Commissioners 25.00
4. Court Cost 10.00
43.24
Cr as follows Confederate Money
1 note on C. Guin 9.00
2. Note on C. Guin 25.00
3. Court cost paid 8.79
4. Printer fee (?) 7.00
5. Confederate Bosc 116.36
6. Paid W. A. Cash for (?) 12.00
7. Paid Court cost 12.00
189.55
Mary A. Gillum, Administrator of the estate of Peter Gillum deceased appeared and filed the above account on January 5, 1861. B. W. Williams, Judge of Probate.
On or before 25th Day of June 1861, I promise to pay Peter Gillium the Sum of twenty five Dollars out of the Draft that I assign over to him for value Received from October the 5th 1858. Received on the ... Sixteen Dollars, Aug 28, 1863. I Mary A. William do solemnly Swear that the within contains a true list of all items of Taxable property owned by Me in Fayette County, Ala. Sworn and Subscribed before me on the 4th day of May 1866. Mary A. Gillum.
Loftis Beat
Mary A. Gillum
Land Series (646) T16.R14. Value 640
160
? 64
264.
Received payment in full on the above tax List for the year 1866. W. B. Thompson. Dept. ?
Office Southern Sentinel, Fayette CH, Ala. April 18/64
Mary Gillum's G. D. Guin addrus (?)
To publishing letters on the Estate Peter Gillum dec. 7.00
Received payment in full of the above account. Robertson & Smith
By G. D. Guin
Received of Mary A. Gillium 116.36 in Confed. Money. For Tax in Kind 31 Dec. 1864. Feb. 10 1865. J. W. Roberts ? 16 Dist. A
The Sate of Alabama, Fayette County
14 Oct 1865
The following is a true list of All the property Sold on the 14 day of October 1865 of the Estate of Peter Gillium late of Said county Deceased.
Mary Gillum 1 lot plow tools 2.00
P. McGee one log chair Hse Pail(?) 1.50
Hiram Smith one Bugy and Harness 40.00
Sarah Guin two hogs first choice 6.00
Thomas Smith two hogs second choice 4.00
Mary Gillum one heifer small size 8.00
Mary Gillum one heifer large size 8.00
J. C. Johnson five head of Sheep 6.85
Calvin Guin one Sorrel Mare 12.00
W. C. Cloer one bay horse 99.00
J. E. Blackwell one Bay Mare 103.00
Rachel Mitchell one Sorrel horse 84.00
Mary Gillum one Sorrel colt 68.00
W. A. Cash one Red Bull 12.75
J. W. Moore one yoke of oxun 54.00
Calvin Guin one Shot Gun 4.05
542.20
B. W. Williams was Judge of Probate and certified that the foregoing paid from 406.00 to 408.00 inclusive contained a true and complete record of the estate as shown from the papers 20 May 1867.
Sources
- Fayette County, AL Deed Books
- Fayette County Alabama 1850 Agricultural Census, by Linda Green, the Alabama Genealogical Society Magazine, Vol. 31, Fall/Winter 1999, p. 1.