| Name |
HAYS, James |
| Born |
15 Oct 1772 |
Winchester, Frederick County, Virginia  |
| Gender |
Male |
| Census |
Detail of 1810 Census Unknown Township, Ohio County, (West) Virginia:
p. 23
James Hays males 2 (-10), 1 (10-16), 1 (16-26), 1 (26-45)
females 1 (-10), 1 (10-16), 1 (16-26), 1 (26-45)
[Note: Unknown if this is James for sure, as I found another listing that matches. According to notes they moved to Ohio County area in 1805]
Detail of 1810 Census Unknown Township, Botetourt County, (West) Virginia:
(ancestry.com page 32 of 67)
James Hays males 1 (26-44)
females 1 (-10), 1 (16-25)
[Note: living next door to each other: Polly, Thomas, John Jr., James, John Sr., Levy- all Hays. James, John Jr. and Levy. A George is on the previous page This is probably a different James Hays.]
Detail of 1820 Census Unknown Township, Tyler County, (West) Virginia:
p. 84 (ancestry.com page 5 of 12)
James Hays males 2 (-10), 1 (16-18), 1 (16-26), 1 (45+)
females 1 (-10), 1 (10-16), 1 (16-18), 1 (45+)
[Note: living next to John Jr. and Levy.]
Detail of 1830 Census Unknown Township, Tyler County, (West) Virginia:
p. 171 (ancestry.com page 15 of 50)
20. Hays, James males 2 (15-20), 1 (20-30), 1 (50-60)
females 1 (10-15), 1 (20-30), 1 (50-60)
Detail of 1840 Census Unknown Township, Tyler County, (West) Virginia:
p. 34 (ancestry.com page 67 of 75)
25. James Hays males 1 (60-70)
females 1 (5-10), 1 (10-15), 1 (20-30), 1 (60-70)
[Note: Edmund Hays (son of James) and Alexander Lantz living next door. Families of Ice, Minor and Straight also living in the neighborhood.]
Details of 1850 Census District 64, Wetzel County, (West) Virginia:
p. 4 (ancestry.com page 7 of 104), 44/44
23. James Hayse 77, m, w, farmer, real estate 700
24. Richard Anderson 34, m, w, farmer, real estate 500, born in Pennsylvania
25. Malinda Anderson 38, f, w, born in Virginia
26. James M. Anderson 4, m, w, born in Virginia
27. Elizabeth Anderson ?, f, w, born in Virginia
[Note: daughter of James age 77, Sarah listed on p. 8 of 104 at ancestry.com with husband William Anderson. Sons John and Edmund living next two places.] |
| Census |
1810 |
Botetourt County, West Virginia |
- See census notes for details.
|
| Census |
1820 |
Tyler County, West Virginia |
- See census notes for details.
|
| Census |
1830 |
Tyler County, West Virginia |
- See census notes for details.
|
| Census |
1840 |
Tyler County, West Virginia |
- See census notes for details.
|
| Census |
1850 |
District 64, Wetzel County, West Virginia |
- See census notes for details.
|
| LAND |
Grantee: James Hays
Date: October 18, 1815
Description: 300 acres on the south fork of Fishing Creek adjoining land claimed by John Downerd.
Grantee: James Hayes
Date: July 1 1820
Description: 100 Acres on the waters of Fishing Creek, Begg. &c on the bank of the creek.
SIMS INDEX TO LAND GRANTS, WEST VIRGINIA
Tyler County
Hayes, James 100 acres Fishing Creek 1820 Book 1., page 41
Hayes, James 100 acres Ten Mile Creek 1820 Book 1., page 41
General Index to DEEDS, LEASES, Etc., Tyler County W. VA GRANTEES, page 119
1832, Hays, James John Currey et al, Book 4, p. 450 Deed 100A Fishing Creek
1843, Hays, James Jacob Niswonger, Book 9, p. 163 Deed 30A Cows Run
General Index to DEEDS, LEASES, Etc., Tyler County W. VA GRANTORS, page 119
1834, Hayes, James Jacob Talkington, Book 5, p. 128 Deed 100A Ten Mile Fork
1843, Hayes, James Alpheus Inghram, Book 9, p. 165 Deed 30A Cow Run
1844, Hayes, James John E. Hays, Book 9, p. 392 Deed 61A Fishing Creek
1844, Hayes, James Edmund W. Hays, Book 9, p. 394 Deed 172A Fishing Creek
--------------------------------
Deeds, 1815-1902; Tyler County (West Virginia) County Clerk; Deeds, v. 1-3 1815-1829 - FHL film #855954, v1p368[image 1327-1328]:
James Hayes and wife
to
Abraham Shriver
DEED
This indenture made and concluded the 24th day of March in the year of our Lord 1821 by in between James Hayes and Elizabeth his wife of Tyler County and State of Virginia of the one part and Abraham Schriver of the County and State aforesaid of the other part witnesseth that for and in consideration of the sum of $100 to them in hand paid the receipt thereof is hereby acknowledged and then the said James Hayes and Elizabeth his wife are fully satisfied and for divers good causes and considerations them there into moving half granted bargained and sold Alien in soft and fused and confirmed to the said Abraham Schreiber and his heirs forever all and singular a certain tract or parcel of land in Tyler county and state aforesaid and on the 10 mile Fork of Fishing Creek and be in the same where on the said Schreiber now resides and bounded as follows to wit:
beginning at the beech standing on the bank of said thence
South 18° west 92 poles to a hickory thence East 60 poles to a white oak thence
North 70° East 104 poles to a large Walnut and Hickory standing on the bottom thence
South 80° east 26 poles to a beaeh thence
North 20° west 72 poles to a white oak thence
North 80° west 130 pole to the beginning line of for the said Schriver
and containing 100 acres by survey be the same more or less to have and to hold the above described tract or land and premises with all the pertinences thereunto belong to him the said Abraham Schriver and his heirs forever for his or their proper use and behoove and them the said James Hayes and Elizabeth his wife to hear by covenant and agree for themselves and their heirs executors administrators and assigns two and with the said Abraham Schreiber his heirs executors administrators or assigns that them the said James Hayes and Elizabeth his wife the before describe tract of land and premises shall and will warrant and forever defend from themselves and their heirs and every other person lawfully cleaning in through or buy them in witness whereof they have here unto set their hands and seals this day and year first above written
James Hayes
Elizabeth Hayes
Tyler County and State of Virginia to whit we Jasper Wyatt and Joseph McCoy magistrate in and for the County and State aforesaid do hereby certify that James Hayes and Elizabeth Hayes wife of the said James personally appeared before us in our said county and in our presencs acknowledged the within and foregoing deed of bargain and sale and she the said Elizabeth Hayes been by us at the same time examined privately and apart from her said husband as touching?? the tract of land mentioned in the deed and after having the deed fully explained to her she declared that without any coercion or compulsion on the part of her said husband but freely and of her own words relinquished her right of dower to the tract of land mentioned in the deed and wishes not to be retracted but desires that the same may be recorded given under our hand this 24th of March 1821
Jasper Wyatt
Joseph McCoy justices of the peace
Tyler County June Court 1821 this deed was presented in court in order to be recorded together with the certificate annexedt a copy in test
A. S Birkhead clerk
-----------------------------
Deeds, 1815-1902; Tyler County (West Virginia) County Clerk; Deeds, v. 1-3 1815-1829 - FHL film #855954, v2p334[image 1339]:
James Hayes and wife
to John Price
Deed for 100 acres South Fork of fishing Creek
This indenture made the 26th day of January 1828 between James Hayes and Elizabeth his wife of the one part and John Price of the other part all of Tyler County of State of Virginia witnesses that the said James Hayes and Elizabeth his wife in consideration of $250 lawful money of this Commonwealth to them in hand paid by the said John Rice the receipt where I was hereby acknowledged have bargained and sold and buy these present presents doth bargain and sell into the said John Price his heirs and assigns a certain track or parcel of land situated in the County of Tyler and State of Virginia and on the head of the south fork of Fishing Creek including a place by the name of the Hickory Camp and bound as follows to wit:
beginning at a white oak near a spring thence
South 75° west 162 poles to E White Oak thence
South 15° west 60 poles crossing the creek to two White Oaks thence
East 54 poles to a beech on the bank thence
South 60° East 140 poles to Hickory thence
North 2° West 174 poles to the beginning
containing 100 acres with its appurtenances to have and to hold the said tract or parcel of land with the deportments is to the said John Price and his heirs forever free from the claim or claims of them the said James Hayes and Elizabeth his wife or either of them their heirs and of all and every person or persons whatsoever shall will and do warrant and forever defend by these presence in witness whereof the said James Hayes and Elizabeth his wife hereunto set their hand and seals the date and year first above written
James Hayes
Elizabeth [her Xmark] Hayes
Tyler County
To wit we James Jolliffe and Aaron Morgan justices of the peace of the County aforesaid in the State of Virginia do hereby certify that James Hayes party to a certain deed bearing date the 26th day of January 1828 and hereunto annexed personally appeared before us in our county aforesaid and acknowledged the same to be his act and deed and does desired us to certify the said acknowledgment to the clerk of the county court of Tyler in order that the said deed maybe recorded given under our hands and seals this 26th day January 1828
James Jolliffe
A. Morgan
Tyler County to wit we James jealous and Aaron Morgan justices of the in the county aforesaid in the State of Virginia do hereby certify that Elizabeth Hayes the wife of James Hayes parties with certain deed bearing date 26 January 1828 and hereby annexed personally appeared before us in our county aforesaid and Being examined by us privately and apart from her husband and having the deed aforesaid fully explained to her she the set Elizabeth acknowledge the same to be her act deed and declared that she had willingly signed sealed and delivered the same and that she wished not to retract it given under our hands and seals this 26th day of January 1828
James Jolliffe
A Morgan
Tyler County Court, March term 1828 this deed of bargain of sale from James Hayes and wife toJohn Price was presented in court in order to be recorded together with the certificates annexed
A S Birkhead clerk
--------------------------------
Deeds, 1815-1902, Tyler County (West Virginia) County Clerk, Deeds, v. 4-6 1830-1838 - FHL film #854765 -- v5p128[image 1363-1365]:
James Hayes and wife
to
Jacob Talkington
deed for 100 acres 10 mile of fishing Creek
This indenture made this 14th the day of April in the year of our Lord 1833[4] between James Hayes of Tyler County and State of Virginia and Elizabeth his of the one part and Jacob Talkington of the other part both of Tyler county and state aforesaid of other part witness of the said James Hayes and Elizabeth his wife and in consideration of $100 lawful moneyof the United States of America to them in and paid by the said Jacob Talkington the receipt aware of is hereby acknowledged and themselves there with fully satisfied contented and paid have granted bargain and sold alien remise released enforced conveyed and confirmed and by these presents do Grant bargain and sell alien remise release confer convey and confirm unto the said Jacob Talkington his heirs and assigns forever all the following described piece or parcel of land containing 100 acres be the same more or less situate in the County of Tyler on the 10 mile Fork of fishing Creek and bounded as follow with two wit
beginning At a white Walnut at a run thence
East 180 poles to white oak and sugar bro[?] at the foot of the hill thence
North 75 poles to a white oak thence
North 72° west 146 poles to a white oak and thence
South 20° West 126 poles to the beginning
together with all the privileges ready to mints and a pertinence is whatsoever there to belonging or in anywise appertaining there in two to have and to hold to him the said Jacob Talkington his heirs and assigns to the only proper use benefit and behoove of him the said Jacob Talkington his heirs and assigns forever and the said James Hayes and Elizabeth his wife for themselves and for their heirs do covenant and agree to and withThe said Jacob Talkington that they decide James Hayes and Elizabeth his wife they hereby granted premises with its opportunities unto him the said Jacob Talkington into his heirs and assigns forever against the further lawful claim of them the said James Hayes and Elizabeth his wife and of their heirs and against the claim or claims of every other person now claiming or hereafter to claim the same by or from or under him or her them or either of them shell andShell and will warrant and forever defend by these presents in witness where of the the said James Hayes and Elizabeth his wife have here and to set their hand and seals this day and year here and two before written
James Hayes
Elizabeth [herXmark] Hayes
Tyler County to wit we John McAudle and James G West justices of the peace in the county aforesaid in the State of Virginia do hereby certify that James Hayes and Elizabeth his wife parties to certain deed bearing date April 14 1834 and hereunto annexed personally appeared before us in our county aforesaid and acknowledged the same to be their act and deed and desired us to certify the above acknowledgment to the clerk of the county court of Tyler in order that the said deed may be recorded and Elizabeth Hayes being examined by us privilege and apart from her said husband and having the deed aforesaid fully explained to her sheThe said Elizabeth declared that she had willingly signed and sealed and delivered the same and wished not to retract it given under our hand and seal this 14th day of April 1834
John McAudle
James G W.
Taylor County Court, June term 1834 this deed of bargain and sale from James Hayes and wife to Jacob Talkington was presented in court and ordered to be recorded together with the certificate thereunto annexed Teste
D Hickman clerk
---------------------------------
Deeds, 1815-1902, Tyler County (West Virginia) County Clerk, Deeds, v. 9-10 1842-1948 - FHL film #854767 - v9p165[image 1394-1395]:
James Hayes and wife
to
Alpheus Ingram
deed for 3 acres land
This indenture made this 24th day of October in the year of our Lord 1842 by and between James Hayes and Susannah and his wife of the County of Tyler and State of Virginia the first part and I'll fetus in room of the county of wood in the state of Virginia aforesaid of the second part witnesses that the said party of the first part for and in consideration of the sum of $100 to them in hand paid by the said party of the second part the receipt where of whereby confessed and acknowledged have granted bargained sold revised released in the end and confirmed and by these presents do grant bargain sale remise release alien and confirm unto the said party of the second part and to his heirs and assigns forever all that certain tract or parcel of land line and being in the County Tyler and State aforesaid situate on Cow Run a branch of Middle Island Creek and bounded as followeth to wit:
beginning of the stone in Jacob Haggis his line and with the same South 53° west 122 poles to white oak corner to said Haggis and with a line of McCoys airs thence
South 17° east 40 poles to the red Oak thence
North 53° east 117 poles to a stone in a run bottom corner to Jacob Niswonger and with his line north 7° west 40 poles to the beginning
containing 30 acres be the same more or less being the same land conveyed by Jacob Niswonger to said Hayes together with all and singular hereditaments and appertinences thereunto belonging or in anywise appertaining and the ???? and reversions remainders and reminders issues and profits there of and all the estate right title and interest claim and demand whatsoever of the party of the first part either in law or equity of in into the above bargained premises with the said her but it immense in the pertinence is to have and to hold the said premises above described to the said party of the second part his heirs and all the signs to the soul and only proper use benefit and poof of the said party of the second part his heirs and assigns forever for themselves their heirs executors and administrators as covenant grand bargain and agree to and with the said party of the second part of his heirs and assigns that at the time of the unsealing and delivery of these presents they are wealthiest of the premises above conveyed as of a good and perfect absolute and indefeasible estate of the inheritance in the law in fee simple and that the above bargain premises in the quiet and peaceable possession of the party of the second part is errors in the sides against all and every person or persons lawfully ????? ???? the whole or any part thereof they will forever warrant and defend in witness where of the party of the first part of hearing to set their hand and seal of the day and year first above written and signed sealed and delivered in presence of
James [hisXmark[ Hayes [seal]
Susanna [herXmark[ Hayes [seal]
Virginia Tyler County to wit we James Stealy and J.B. Lacey justices of the peace in the County of Tyler aforesaid in the State of Virginia do hereby certify that James Hayes party the within deed date on the 29th day of October 1842 and personally appearing before us in County aforesaid and acknowledged the same to be his act indeed and desired us to certify the set of knowledge meant to the clerk of the county court of Tyler in order that the city may be recorded and we do for their certify that Susanna is the wife of the said James Higgins party to the with indeed there in date the 29th the October 1842 personally appeared before us in our county aforesaid and being examined by us privately and apart from her husband and having the deed aforesaid fully explained to her she tthe said Susannah Hayes acknowledged the same to be her act and deed and declare that she had willingly signed sealed and delivered the same and that she wishes not to retract given under our hands and seals the 29th day of October 1842
James Stealey
J. B. Lacey
Tyler County court April term 1843 this deed of bargain and sale from James Hayes and wife to a Alpheas Ingram was presented in court in order to be recorded upon and together with the certificate of acknowledgement thereunto annexed
Teste D. Hickman, clerk
James and Susannah - son of James??
-------------------------------
Deeds, 1815-1902, Tyler County (West Virginia) County Clerk, Deeds, v. 9-10 1842-1948 - FHL film #854767 - v9p392[image 1402-1403]:
James Hayes and wife
to
John E. Hayes
deed for 61 acres land on South fork of fishing Creek
This indenture made this 13th day of January 1844 between James Hayes and Elizabeth his wife of the first part and John D. Hayes of the second part all of Tyler County Virginia witnesseth that the party of the first part for and in consideration of the sum of $20 to them in hand paid by the party of the second part the receipt is hereby acknowledged have granted and burgundy and sold unto the said party of the second part the following tract of land situate in Tyler County Virginia on the South Fork of fishing Creek and bounded as follows to wit
beginning of the hickory in the said James Hayes old line thence
North 40° west 36 poles to a stone corner thence
North 76° east 58+2 in Elm tree thence S
outh 31° east 40 poles to a walnut tree thence
South 18° west 144 poles 20 Beechtree thence
South 62° west three poles to a forked Sugartree thence
North 82° west 50 poles to a hickory thence
North 16° west 32 poles to a white oak thence
North 34° east23 poles to a beach thence
North 30° East 84 pools to the beginning
containing 61 acres more or less being part of a 300 acre tract granted by the Commonwealth of Virginia to the said James Hayes together with all and singular the heredity minutes and pertinence is there into belonging to have and to hold the said ??? described premises to the party of the second part forever their heirs and assigns and the said party of the first part for themselves their heirs executors administrators and assigns will warrant and defend from themselves their heirs and to the above described track of land free from them and their heirs and no further in witness where of we have set our hand and seals.
James Haye [seal]
Elizabeth [herXmark] Hayes seal
Tyler county to wit we Apollo Steffens and Alexander Lantz justices of the peace in and force account of Tyler and state of Virginia do hereby certify that James Hayes and Elizabeth his wife party to this deed personally appear before us and acknowledged the same to be their act indeed she does that Elizabeth Hayes been examined by us separate and apart from her said husband to clear that she had willingly signedsealed the same of her own free will and they desired us to certify said village meant to the clerk of the county court in order that the same maybe recorded given under our hands in the seals of this 23rd day of January 1844
Apollo Steffens sealed
Alexander Lantz seal
Tyler county court for the return 1844 the Stieda bargain and sale from James Hayes and his wife to John he Hayes was presented in court in order to be recorded upon in together with the certificate thereunto annexed.
Teste D. Hickman clerk
-----------------------------------
Deeds, 1815-1902; deed index, 1815-1970, Tyler County (West Virginia). County Clerk; Deeds, v. 9-10 1842-1948 - FHL film #854767 -- v9p394[image 1404]:
James Hayes and wife
to
Edmund W Hayes
deed for 172 acres of land on South Fork fishing Creek
This indenture made this 23rd day of January 1844 between James Hayes and Elizabeth his wife of the first part and Edmond W Hayes of the second part of Tyler County Virginia witnesseth that the party of the first part for and in consideration of the sum of $50 to them in hand paid by the party of the second part the receipt is hereby knowledged have granted and bargained and sold unto the said party of the second part the following tract of land situate in Tyler County Virginia on the South Fork of fishing Creek and bounded as followeth to wit
beginning at a stake in James Hayes old line thence
with the same North 62° east 76 poles to a beach thence
with the same old line North 43° east 86 poles to a white corner thence
North 25 1/2° East 86 poles to a stake corner to James G west thence
with his line North 2 degrees East 90 poles to the beach on the North side of the creek thence
South 85° West 96 poles to a white oak thence
South 60°West 28 poles to a white oak thence
due West 32 poles to a white oak thence
South 40° West 50 poles to a beach thence
up the creek 40 poles to one Elm corner to John Hayes thence
with same South 21 East 40 poles to wait on the thence
South 18° West 144 poles to the beginning
containing 172 acres part of the 300 acre tract together with all and singular her better to mints and a pertinence is there into belonging to have and to hold the said premises above described premises to the party of the second part forever their heirs and assigns in the party of the first part for themselves their heirs executors administrators and assigns will warrant and defend from themselves their errors in the above described to track the bland free from them there heirs and assigns forever in witness whereof we have hereunto set our hands and seals
James Hayes [seal]
Elizabeth [herXmark] Hayes [seal]
Tyler County to wit we Apollo Steffens and Alexander Lantz justices of the peace in and for said county of Tyler and State of Virginia do hereby testify that James Hayes and Elizabeth his wife party to the said deed personally appeared before us acknowledged the same to be their act and deed the said Elizabeth Hayes having been examined by us separate and apart from her husband declared that she had willingly signed sealed the same of her own free will and they desired us to certify said acknowledgment to the clerk of Tyler county court in order that the same maybe recorded given under our hand and seals this 23rd day of January 1844
Apollo Steffens [seal]
Alexander Lantz [seal]
County Court, February term 1844 this deed of bargain and sale from James Hayes and wife to Edmund W Hayes was presented in court in order to be recorded upon and together with the certificate for acknowledgement thereunto annexed
Teste D. Hickman clerk [1] |
| Will |
In the name of God amen
I James Hays of Wetzel County in the State of Virginia do hereby make my last will and testament revoking all others in manner and form following to wit,
First it is my will that my funeral expenses and all my just debts be fully paid.
Second I give and bequeath to my son Levi Hays in addition to what I have heretofore given him the sum of one dollar in money.
Third I give and bequeath to my son in law William Strait in addition to what I have heretofore given him the sum of one dollar in money.
Fourth I give and bequeath to my son in law William Anderson and my daughter Gilley? his wife the whole of any flock of sheep be there many or few at the time of my decease.
Fifth I give and bequeath to my son in law Elisha Ferral in addition to what I have heretofore given him the sum of one dollar in money.
Sixth, I give and bequeath to my son John E. Hays in addition to what I have heretofore given him the sum of one dollar in money.
Seventh, I give and bequeath to my son James Hays in addition to what I have heretofore given him the sum of one dollar in money.
Eighth, I give and bequeath to my son Edmund Hays in addition to what I have heretofore given him the sum of one dollar in money.
Ninth, I give and bequeath to my son in law Richard Anderson and my daughter Malinda his wife all the remainder of my personal property and effects of whatsoever nature or kind there may be at my decease.
Tenth, I give and devise to my grandson George Thompson Anderson, son of Richard Anderson and my daughter Malinda his wife the whole of the tract of land on which I now reside containing about seventy six acres with the mill and other buildings thereon erected.
In witness whereof I have hereunto set my hand and seal this twenty seventh day of September in the year of our lord one thousand eight hundred and fifty four (27 Sep 1854).
Signed published and declared by the above named James Hays as and for the last will and testament in presence of us who at his request have signed as witnesses to the same. James Hays (hisXmark)
Edward Cox
James Savage
BF Martin [2] |
| Died |
12 Nov 1860 |
Jacksonburg, Wetzel County, West Virginia |
| Buried |
Jacksonburg, Wetzel County, West Virginia |
|
|
| Person ID |
I94 |
Shepard and John Tree |
| Last Modified |
2 Mar 2018 |
1772 - 1860 (88 years)