Revolutionary War Pension and Bounty Land Warrant Application File W. 9430, James Ervin, Md.
Page 1

SERVICE
Md.

Ervin, James
or
Ervine
or
Irvin or
Erwin
Sarah

NUMBER
W. 9430
B.L. [illegible] 11192-100
Issued Feb. 1, 1790
Page 2

3481.
Maryland
James Ervin
private
Maryland Line
in the army of the United States during the Revolutionary War

Inscribed on the Roll of Maryland
at the rate of -8- Dollars per month, to commence on
the 2d. of June, 1818.

Certificate of Pension issued the 8th of Oct 1818
and sent to Abm Shriver, Esqr
Fredericktown, Md.

Arrears to 4th of Sept. 1818. 3 mos 3/30 24.80
Semi-anl. all'ce ending 4th Mar 1819. 48.00
$:72.80

{Revolutionary claim,}
{Act 18th March, 1818.}

Discontinued one year
Frederick County
Page 3

to Col. John Cook
[word truncated] Montgomery Co.
[word truncated] land, July 10 1823

let to Hon W. C. Johnson H.R.
Dec 4. 1834.
[illegible] to Saml. Ervin Jan. 13.
1841
notif del of Pensioner
23 Nov 1820
Page 4

6232
Maryland,
Sarah Ervine, deceased, widow of James Ervine deceased, 
[illegible]
who was a pensioner under the Act of 18 March 1818, and who died on the 28th June 1827.
of Frederick in the State of Maryland who was a private in the Company commanded by Captain Price of the regt commanded by Col Stewart in the Maryland line for 2 years.

Inscribed on the Roll of Maryland at the rate of 80 Dollars _________ Cents per annum, to commence on the 4th day of March, 1836.

Certificate of Pension issued the 15 day of June 1841 & sent to Roderick Dorsey Esqr Ridgeville Maryland

Arrears to the 18h of August 1808.
the day of her death
2 years 5 mos [illegible] days}     $196.58
                                                    $196.58

{Act July 7,
1838.}

Recorded by Theo L Moody, Clerk
Book A Vol. 2  Page 174

Payment to be made to children of said deceased to wit, May Ervine, John Ervine, Jane Brown, James Ervine, Samuel Ervine, Thomas Ervine, and Alfred Ervine.
Page 5

let 21 June 1841 to
Roderick Dorsey
copy of family record sent to Saml Ervin Aug 12, 1841.
Page 6

State of Maryland Frederick County [illegible]
On this second day of June in the year 1818 before me the subscriber one of the associate Judges of the fifth Judicial district of said state personally appears James Ervin aged sixty years resident in said county, who being by me duly sworn, doth on his oath make the following declaration in order to obtain the provision made by the late act of Congress entitled an act to provide for certain persons engaged in the land and naval services of the United States in the revolutionary war-  that he the said James Ervin enlisted in the continental service in Fredericktown in the county and state aforesaid in the company commanded by Captain Price of the second Maryland Regiment commanded by Colonel Stewart - that he continued to serve in the said corps or in the service of the United States from the autumn of 1782 when he was enlisted until the end of the war being a period of about two years service when he was discharged from service in Annapolis in said state- that he was at the siege of York and sundry skirmishes, and that he is in reduced circumstances and stands in need of the assistance of his country for support, and that he has no other evidence now in his power of his said services.

Sworn to and declared before me, the day and year aforesaid

No. 11,192.  James Ervin Feby 1. 1790     [illegible] Shriver

I Abraham Shriver Judge as aforesaid do certify that it appears to my satisfaction that the said James Ervin did serve in the revolutionary war as stated in the preceding declaration against the common enemy, and that he is in reduced circumstances and stands in need of the support of his country for support, and I now transmit the proceedings and testimony taken before me to the secretary for the department of war pursuant to the directions of the aforementioned act of Congress.
Witness my hand his 2nd day of April 1818.              

                                                                       [illegible] Shriver
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Maryland Frederick County to Wit
I hereby certify that Abraham Shriver Esquire before whom the within affidavit was made and whose name is thereto subscribed is one of the associate Judges of the fifth Judicial district composed of the Counties of Frederick Washington and Allegany in said State; to all whose acts as such due faith and credit is and ought to be given as well in Courts of Justice as theirout

In testimony whereof I have hereunto Subscribed my name and affixed the Seal of my Office this 2d day of June 1818.

John Schley Clk
Fredrk County Court
Page 8

State of Maryland Montgomery County
On this 18th day of November in the year 1820 personally
appeared in open court being a court of record so
constituted by the laws on constitution of the State
James Irvin aged sixty years resident in Montgomery County
and state of Maryland who being first duly sworn according
to law doth on his oath declare that he served in
the Revolutionary War as follows that he enlisted in
Fredreick Town in the state of Maryland in the year
1780 in Captain Prices company of Infantry of the 
Second Maryland Regiment commanded by Col John
Stewart of the Maryland line that he was in the
siege of York at the taking of Lord Cornwallis and
that he continued to serve in said corps or in the service
of the United States untill the end of the War when he
was discharged at Annapolis in the state of Maryland in 
the year 1783 that he has received a pension under 
the act of Congress passed 18th March 1818 entitled an act
to provide for certain persons engaged in the land and
Naval service of the United States in the Revolutionary
War and a certificate [illegible] No 3481 that he is by
occupation a Farmer which he is seldom able to pursue
in consequence of his age and infirmities that his family
consists of a wife aged about 55 years and three children
one Daughter aged 25 one son aged 16 and other son aged
Page 9

10 years his wife named Sarah his daughter named Mary
his oldest son named Thomas & his youngest named Alfred
And I do solemnly swear that I was a resident citizen of
the United States on 18th March 1818 and that I have not
since that time by gift sale or in any maner disposed my
property of any part thereof with intent thereby so to diminish
it as to bring myself within the provisions of the act of
Congress entitled an Act to provide for certain persons engaged
in the land and Naval service of the United States
in the Revolutionary War passed on 18th March 1818 &
that I have not nor has any person in trust for me any
property or securities contracts or debts due to me or
have I any income other than what is contained in the
Schedule here to annexed and by me subscribed
Schedule
A Tract of Land containing seventy acres purchased for
the sum of one thousand dollars of which one hundred
dollars is paid the balance this deponent has passed his bond
for which he is certain he can never pay and that the 
person of whom he purchased must take it back
| 3 Horses | 4 Cows | 11 Sheet | 1 Dutch oven |
| 9 Hogs | 5 Old chairs | 1 Walnut Table | 5 [illegible] Tubs |
| 1 Poplar Table | 3 Hay Rakes | 2 Shovel ploughs | 2 small trunks |
| 2 Chests|  2 cradles | 2 Axes|  1 Waggon |
| 1 Butter churn | 1 Plough | 1 drawing knife | [blank] |
| 1/2 Dozen Milk pots | 2 Harrows | 2 Tubs | [blank] |
| 1 Cutting Box | [blank] | 2 Cider Barrels | [blank] |
| [blank | [blank] | 1 Wheel barrow | [blank] |
Page 10

Valued by the Court at $120 James Irvin
Sworn to and declared on the 18th day of Novr. 1820 in
Open Court
Upton Beall Clk
Montgomery County Court

I do hereby certify that the aforegoing Oath and the 
Schedule thereto annexed are truly taken and copied
from the Record of the said Court and I do further
certify that it is the opinion of said Court that the
total amount in Value of the property Exhibited in
the aforesaid Schedule is one hundred and twenty Dollars
In Testimony whereof I have hereunto set
my hand affixed the seal of my office on this
Eighteenth day of November 1820
Upton Beall Ck
Montgomery Coty Ct

[image of a seal to the left of previous paragraph]
Page 11

Maryland Frederick County Sct
On this twenty fifth day of February
eighteen hundred and forty one personally
appeared before the County Court of the County aforesaid
Samuel Irvine a resident of the ninth election District 
of the said county and being first duly sworn according
to law, doth on his oath make the following
declaration in order to obtain the amount of pension
due to Mrs Sarah Irvine the widow of James Irvine
late of Frederick County Deceased under the act of Congress
passed the seventh of July eighteen hundred and thirty
eight, to wit, that James Irvine was a soldier of the
Revolution and received a pension as such from the
United States under the act of Congress passed on the
18th of March 1818. That the said James Irvine is
dean and died on the 28th day of June 1827 that
Mrs Sarah Irving was the wife of James Irvine
that she survived him but that she is now dead and
died on the 18th day of August 1838, that she and the
said James Irvine were married on the 20th day of
December 1787 as appears by the Family record
consisting of two leaves taken from the family bible
which are herewith transmitted and which this declarant
expressly swears are the true and only family
records and that he is not aware and does not believe
that there is any public record of the marriage
whatever. That Sarah Irvine had at the time
of her death seven children by the said James
Irvine, to wit, Mary aged fifty two years on the 26th
September 1840, John aged fifty on 1st November 1840,
Jane Brown wife of Frederick Brown of Frederick
County aforesaid aged forty eight on the 6th of February
1841, James aged forty five on the 2nd of April
1840, Samuel aged forty three on the 16th of August
1840 Thomas aged thirty eight on the 16 of August 1840
& Alfred aged thirty on the 22nd February 1840 all
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of whom survived their mother and are still living.
Also on the same day personally appeared
before the County Court aforesaid Levi Meredith
& James Naylor and
being first duly sworn declare upon their oath
that they were acquainted with Mrs Sarah Irving
and that they know her to be dead and that she
died on the 18th day of August 1838 as set forth in
this declaration.
Also on the same day personally appeared before the County Court aforesaid [crossed out: and being duly sworn declares upon] Samuel Stevens and
being first duly sworn declares upon his oath
that he does believe that the two leaves herein
before refered to were really taken from the
family Bible of the said James Irvine as stated.

And the said court do hereby declare
their opinion after the investigation of the matter
and after putting the interrogatories prescribed
by the War Department that the above named
Sarah Irvine was the widow of the said James Irvine
and that the statements made in the foregoing
declaration are true. And the said court further
certifies that it appears to them that the
aforesaid Levi Meredith & James
Naylor who have sworn to the death of the
aforesaid Sarah Irving [illegible] the said Samuel Stevens
who has sworn to the family records are credible persons
and their statement is entitled to full credit.
Page 13

Frederick County Set
I Henry Schley, Clerk of Frederick County Court do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Samuel Irvine to obtain the amount of pension due Mrs. Sarah Irvine under the act of Congress passed the 7th of July 1838.
In testimony whereof I have hereunto set my hand and affixed the seal of my office this Twenty sixth day of February eighteen hundred and forty one.
Hy Schley Ck
Frederick County Ct
Page 14

FAMILY RECORD
BIRTHS
Mary Ervin daughter of James and Sarah Ervin was born the 26th day of September 1788.
John Ervin was born the 1st day of November 1790.
Jane Ervin was born the 6th day of February 1793.
.James Ervin was born the 2nd day of April 1795.
Samuel Ervin was born the 16th day of August 1799.
Eleanor was born April the 25, 1817
William Ervin was born the 3d day of February 1800.
Thomas Ervin was born the 16 day of August 1802.
Rebekah Ervin was born the 20th of January 1804
Alfred Ervin was born the 22d of February 1811.
Eleanor E was born April the 25, 1817.
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FAMILY RECORD
MARRIAGES
James Ervin and Sarah Harrison was married the 20th of December 1787.
Samuel Ervin [illegible] Eleanor Hollis was married the 22nd of January 1839.
Page 16

FAMILY RECORD
BIRTHS
Mary E. Ervin daughter of Samuel and Eleanor Ervin was born August 19th 1840.

DEATHS
Departed this life on Thursday 28th of June 1827, James Ervine [illegible]

D Departed this life on the 18 day of August 1838
[illegible] Sarah Ervin
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FAMILY RECORD
            DEATHS                               DEATHS

[ink bled through from previous page illegible]
Page 18

Return to the Hon. F. Thomas
Page 19

James Ervin - Maryland - Act Mar 18, 1818 -
[crossed out dead] Died in 1827.
Be pleased to say to what time this pensioner was paid.
Paid to 28th June 1827 
the day of his death
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Revy WIDOW, &C.
File No.    9430
Sarah Ervine
Wid. of James Ervine
Pvt. Md. line
Act:  July [illegible]38
Index:---- Vol.   A , page 219

[Arrangement of 1870]
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June 21, 1841
[illegible]
Jun 18th
James L, Edwards Esq,
[illegible]
Com. of Pensions
Washington, D. C.
Page 22

[Duplicate]
Page 23

Frederick County [illegible] 17 June 41
Sir:
Before leaving Washington last week I left with you the certificate relative to the pension claimed by the heirs of James Irvine when I understood you to say the case would be taken up the next day and the refund forwarded me the next days.
As it has not yet come to hand I have supposed some misconception about my post office has been the cause.  You will oblige the Irvines by forwarding a copy of the refund to me and drafted to Ridgeville Carroll County [illegible] with such instructions as the regulations of your office require to enable them to access the moneys.
Respectfully [illegible]
Rodk Dorsey
J. L. Edwards Esq.
Comm. of Pensions
Washington
Page 24

Col Gibson will please inform Col Joh Cook the [illegible] of the written papers & direct [illegible] letter to [Rockville?] Montgomery County
Page 25

Sarah Irvine or Ervine
of James
Maryland
Suspended
___________
See let. 8 March 1841 Hon F. Thomas
Let. 3 May 41 N. H. Pits
Let. 19th May 41 to James Mahony
Let. to Roderick Dorsey 21 June 1841
Act 7 July 1838
Page 26

7659
Sarah Erviine dec'd.
of James 
Maryland
__________
Admitted
Private 2 yrs -- $80.---
Cap Price Co. Stewart Md
died 28th June 1827
 ____
widow died 18th Augt. 1838.
Amount due to be paid to the children -- Mary, John, Jane, James, Samuel, Thomas & Alfred.  Certificate to be made in their names.
Act of July 1838
Roderick Dorsey
Ridgeville Md
Page 27

James Ervin Son

Frederick Brown
Copy Deed
Cost $1- [illegible]
by H. Wayman Esq.
by Wm . Green
Page 28

Restore J. Ervin
pen to 
com:  2 March 1824
Page 29

Restored
March 3rd 1824
Cong.
March 2nd 1824
Handed pension
_________________
Sept. payment in 1824
File [illegible]
Page 30

7659
Sarah Ervine dec'd.
of James
Maryland
__________
Admitted
Private 2 yrs. - $80.___
died 28th June 1827.
____________
widow died 18th Augt. 1838
amount due to be paid to the children -
Mary, John, Jane, James, Samuel, Thomas, & 
Alfred.  Certificate to be made in their names.
Act of July 1838.
Roderick Dorsey
Ridgeville, Md.
Page 31

St Maryland Montgomery County Court
On this third day of October [illegible word crossed out] 1823 personally appeared before me a Justice of the Peace in and for said County George Fields a Sargent in the Revolutionary War and in the Maryland line and made oath on the Holy evangelist of Almighty God that James Ervine was a private in the Company of Capt. Price and in the Regt. commanded by Col. Steaurt and that said Ervin served during the war.
Sworn before James Day
Page 32

February 23th 1824
Dear Sir:  It appears from a letter directed to you from the War Department that there were several errors in the Schedule of James Ervin's property particularly the land formally owned by him.  In one place it states that the tract containing 50 or 60 acres had been returned to John Forney.  This is a mistake on the one part.  On the other, I know not which there is but the one tract on the lot of land containing one hundred and seventy eight acres and there has been no division or subdivision of it or about it.  It stands now as it did when it was purchased by the said Ervine in one parcel tho not in his possession.  I will now endeavor to give you a true statement of the [[illegible] purchase of this land by the said Ervin and what induced him to it in the autumn of 1819.  He was obliged to leave the place on which he then resided his time being expired and [illegible] a division of the property had taken place among the heirs it being the property of a deceased person and at this time there was no possibility of his procuring a place to rent on any [illegible] so that he could possibly live he found himself in a very great [illegible] the above named land was for sale and he was persuaded by his friends to purchase the said land.  I agreed to join him in the purchase we [illegible] with Mr. John Forney for the land for the sum of
Page 33

said land I agreed to join him in the purchase. We had gained with Mr. John Forney for the land for the sum two thousand dollars.  I was to pay one half of the money and he the other half.  The first payment was eleven hundred dollars of which he the said Ervine paid one hundred dollars and gave his bonds and security from the balance of the money a deed was executed in James Ervine name for the whole lot of land and I took of him a bond of conveyance for the one half of the land to be paid off to me whenever I chose to call for it which [illegible] never had done.  I will now state what I know respecting the payment of these bonds given by James Ervine to Mr. John Forney.  He the said Ervine has not paid any more than the hundred dollars named in the first payment which has been more than consumed by interest.  I have taken up his bonds and he in his present situation and circumstances finding it utterly impossible for him even to redeem his bonds and keep the land so he had of necessity to give up the land to me from which he has made and executed a deed in [illegible] I can safely say that he the said Ervine
Page 34

has not done it with any virtue of [illegible] himself within bounds of an act of Congress for the benefit of the [illegible[ it is of real necessity.
  I am respectfully your humble servant,
Frederick Brown
A. B.
The amount of the bonds mentioned say two thousand dollars was no part of it paid to James Ervine but to Mr. John Forney to my knowledge.  [word crossed out]  F. B. 
Maryland Montgomery County Court
On this 23th day of February 1824 appears Frederick Brown [word crossed out] being a credible witness and a man of veracity before me the subscriber a Justice of the Peace for said county and made oath on the holy Evangely of Almighty God that the within and above statement as made is true to the best of his knowledge.  Sworn before Cam R. Nichols
Page 35

the above marked N.B. naming bonds to the amount of two thousand dollars was intended for the two thousand dollars named in the deed from James Ervin to me the note was written by Wm Nicholls he had misunderstood me.  F. B.
Page 36

LAND OFFICE
Annapolis, 8th June,      1861, I certify, that it appears by a Pay Roll remaining in the Office, that James Ervine,    a private --- received of John Hamilton Agent of the Maryland Line, $-----arrears of pay from the 1st August, 1780, to the 1st of January, 1782 ---also $80.00th pay from the 1st January, 1782, to the 1st January, 1783 --- also $43.30th from the 1st January, 1783, to the 15th of November 1783 Gratuity, $80.00ths.  Total received, $203.30ths
George G. Brown
Register Land Office, W. S. Md.
Page 37

Jefferson, Frederick County, Md.
May 15th 1861
Sir, I have been requested by Mr. John Ervine of this village to write you for the purpose of ascertaining how the claim presented by the heirs of James & Sarah Ervine (dec'd.) of Frederick County, relative to pension money has been disposed of, or if not disposed of as yet, what will be the probable chance of success?  If the heirs should succeed will the money be paid to an administrator or executor, or must it be paid directly to the heirs at-law or their authorized agent appointed for that purpose?
I called upon the Hon. W. Cost Johnson with the view of ascertaining from him the information required above, who directed me to write you, stating to me that he was confident - Col Edwards would readily give me all the information I wish for, relative to the matter.  Will you Sir have the goodness to answer the above inquiries as soon as convenient and by so doing jointly oblige.
Your humble servant
William Mahony

To Col Edwards
Comm. of the Pensions }
Page 38

Frederick April 30th 1841
Sir
Mr. Samuel Irvine has placed in my hands and I have now before me a letter from you dated the eighth of March eighteen hundred and forty one addressed to the Honorable Francis Thomas respecting the papers in the case of Mrs. Sarah Irvine Dec'd. widow of James Irvine Dec'd.
Mr. Irvine has requested me to write to  you and ask as a favor that you will explain more fully that part of your letter in which you say the identity of the deceased widow should be testified by the witnesses; and he wishes to know whether the proof at present exhibited would have been sufficient if the Declaration and affidavit had been signed by the parties making them. 
Yours [illegible]
N. H. Pitts for A.  W. Russell

J. L. Edwards Esq.
Pension Office
Page 39

April the 3rd 1823  We the subscribers hereof do certify that we have long known James Ervin the man stricken from the pension of the revolutionary soldiers under the law of the 18th day of March 1818 and do believe from his present situation that he is now not able to support himself from suffering and further hope that after examination will have his pension restored to him as it appears the property he was in possession of which occasioned him to be stricken from said pension can never be paid for by him and he must be reduced to poverty.  The property above spoken of was purchased by him and we further believe that he has not made way with any of his property [word crossed out] with a view of imposing on his country but will be dispossessed thereof for the discharge of his debts.
Philn Griffith
Frederick Brown
Philip Mackelfrest
Wm Hobbs [illegible]
Page 40

Land Office, Annapolis
8th June, 1841
Dear Sir
In answer to the letter of a Roderick Dorsey, Esq. of the 5th [illegible], regarding the Revolutionary services of James Ervine, and  which answers her requested should be addressed to you.  I have to state that by a pay roll in this office, James Ervine appears to have received pay and gratuity up to the 15th of November, 1783, at which time the Army of the United States was disbanded.  I should therefore infer, from his receiving the gratuity of $80 = that he enlisted for and during the war, but by another record endorsed, "Register of Maryland Troops discharged at the Post of Frederick Town in 1783," it is stated, that he enlisted for three years in the 1st Regiment.  He's also shown by the Bounty Land record that he was recruited in 1781, but there is no ["regular" inserted] muster roll of the Maryland troops that enlisted in 1781.  I am therefore unable to certify as to the date of his enlistment = Enclosed, I send you a certificate from the pay roll showing the pay and gratuity received by him at the close of the war = =
I am respectfully yrs
George G. Brown
The Honorable J. A. Pearce
Page 41

7659
Sarah Irvine or Ervin
of James Maryland

Vol 4 page 32
on final settlement certif. to 1 [illegible] 1783
$80
page 40 to 16 Nov 1783 43.30

No. 7659
Mary
July 7 1838
Sarah Irvine
Page 42

[Duplicate]
Page 43

This Indenture made this fifth day of July in the year of our Lord one thousand eight hundred and Twenty three between James Erwin son of Montgomery County in the State of Maryland of the one part and Frederick Brown of Frederick County in the State aforesiad of the other part Witnesseth that the said James Erwin son for and in consideration of the sum of two thousand dollars current money of the United States to him in hand paid by the said Frederick Brown before the Sealing and delivery of these presents the receipt whereof he the said Jame Erwin son doth hereby acknowledge and from every part and parcel thereof doth hereby acquit, exonerate and discharge the said Frederick Brown, his heirs, executors, and administrators, he the said James Erwin son hath granted, bargained, sold, aliened, eneoffed and confirmed and by these presents doth grant, bargain, sell, alien, enfeoff and confirm unto the said Frederick Brown his heirs and assigns all that tract or part of tract or parcel of Land situate lying and a being in Anne Arundel County & being that parts of a tract of Land called Windsor Forest designated by Lo U N 6 beginning at the end of thirty perches on the thirty fifth line of said tract and recurring with and binding on said land with a correction for variation of two degrees and quarter south seventy six degrees and forty five minutes west thirty perches north Seventy degrees and fifteen minutes west of forty three perches north twenty five degrees and fifteen minutes west one hundred and sixty two perches south fourteen degrees and forty five minutes west one hundred and ninety eight perches south forty seven degrees and fifteen minutes east two hundred and eleven perches then by a straight line to the first beginning containing one hundred and Seventy eight acres of Land more or LB together with all and singular the building improvements rights of liberties, privileges hereditaments and appurtences (whatsoever)
Page 44

whatsoever thereunto belonging or in anywise appertaining and the reversions and remainders rents issues and profits thereof and all the estate right title and interest whatsoever of him the said James Erwin son both at Law and in equity of in to and out of the said tract or part of a tract or parcel of Land and premises hereby bargained and sold or meant mentioned or intended hereby so to be and every or any part and parcel thereof to have and to hold the said tract or part of a tract or parcel of Land was aforesaid described together with the buildings and appurtenances and all and singular other the premises hereby bargained and sold or meant, mentioned or intended hereby so to be and every part and parcel thereof with their and every of their appurtenances into the said Frederick Brown his heirs and assigns forever and to and for no other use, intent or purpose whatsoever and the said James Erwin son for himself, his heirs, executors and administrators doth hereby Covenant grant promise and agree to and with the said Frederick Brown his heirs, executors, administrators, or assigns that he the said James Erwin son and his heirs the said tract or part of a tract or parcel of Land and premises hereby granted, bargained and sold and every part and parcel thereof with the appurtenances thereunto belonging to him the said Frederick Brown his his(sic) heirs and assigns against him the said James Erwin son and his heirs and against & all and every person or persons whatsoever claiming to or claim any right, title or interest in and to the same or any part thereof shall and will hereafter warrant and forever defend by these presents and the said James Erwin son for himself his heirs, executors and administrators doth further Covenant grant promise and agree to and with the said Frederick Brown his heirs, executors, administrators and assigns that he the said James Erwin son and his heirs shall and will at all times hereafter whenever required thereto by the said Frederick (Brown)
Page 45

Brown his heirs or assigning at the proper cost and expense of the said Frederick Brown his heirs assigning make do execute and acknowledge all and every such further assurances or assurances deed or deeds Conveyance or Conveying devise or devising in the Law as he the said Frederick Brown his heirs or assigns or his or their Counsel learned in the Law may or shall advise devise or require for the more Certain and effectual assuring Conveying and quitting the possession of the said Frederick Brown his heirs and assigns of in and to the said tract or part of a tract or parcel of Land and premises with the appurtenances forever. In Witness whereof the said James Erwin son hath hereunto subscribed his name and affixed his seal the day and year first herein before written. 

James (his x mark) Erwin son

Signed, sealed and delivered in presence of Loyd W. Selby, Nich D Warfield

Maryland Anne Arundel County to wit on this fifth day of July in the year of our Lord one thousand eight hundred and twenty three personally appears James Erwin son of Montgomery County being the party grantor above named before us the subscribing two of the Justices of the peace in & for the County and State aforesaid and acknowledging the foregoing deed or instrument of writing to be his act and deed and the Lands & premises therein mentioned and thereby bargained & sold to be the right & estate of the within named Frederick Brown party grantee also therein named his heirs & assigning forever according to the purport true intent and meaning of the said deed or instrument of writing and the acts of assembly in such case made and provided an now at the same time also personally appearing Sarah Erwin wife of the said James Erwin son before us Justice of
Page 46

of the peace as aforesaid and acknowledging the said deed or instrument of writing to be her act and deed and the Lands & premices therein mentioned to be the right and estate of the within named Frederick Brown his being and assigning forever and the said Sarah Erwin being by no privately examined apart from and out of the hearing of her husband whether she doth make her acknowledgement of the same willingly and freely and without being induced thereto by fear or threats of or ill usage by her husband or fear of his displeasure acknowledging that she doth make her acknowledgement of the same willingly & freely and without being induced thereto by fear or threats of or ill usage by her husband or fear of his displeasure.
Acknowledged before Lloyd Selby, Nich's D. Warfield

Recorded the 4 day of august 1823

Anne Arundel County to wit

I hereby Certify that the aforegoing is a true Copy taken from Liber W.S. G N Golos 323 2.24 & 525 one of the Land Record books of Anne Arundel County.

In Testimony whereof I hereto set my name and affix the Seal of Anne Arundel County Court this Second day of January in the year of our Lord one thousand eight hundred and twenty.

W.S. Green ed a.a. Co.D Cos
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Maryland Montgomery County [illegible]
On this 8 day of July 1823 personally appeared in open Court being a court of record herein [words crossed out illegible insert] for Montgomery County in the State Maryland, James Ervin resident in said county aged sixty three years who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the provision made by the "Acts of Congress of the 18 March 1818 and the 1st May1820, that the said James Ervin enlisted [crossed out words inserted "to join"] during the war [inserted in the Army of the revolutionary] on or about the 30 day of November in the year 1779 in the State of Maryland in Frederick town and in the company commanded by Captain Thomas Price in the 2d Regiment commanded by Colonel John Stewart in the Maryland line [crossed out words] on the continental establishment.  That he continued to serve in the said corps until the expiration of the war when he was discharged from the said service in Annapolis in the State of Maryland, and that his name has been placed on the pension list and [crossed out word insert erased] therefrom on account of his property.  And in pursuance of the Act of the 1st May 1820 I do solemnly swear that I was a resident citizen of the United States on the 18th day of March 1818 and that I have not since that time by gift, sale, or in any manner disposed of my property or any part thereof, to with intent thereby for to diminish it as to being myself [illegible] the provisions of an Act of Congress entitled An act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary War, passed on the 18 day of March 1818 and that I have not nor by any person in trust for [illegible] any property, or securing contracts as debts, due to me nor have I any income other that what is contained in the schedule hereto annexed and by me subscribed that since the exhibition of my final schedule, the following changes have been made in my property.  ---
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A Schedule of the property of James Ervin, 
A tract of land, containing 50 to 60 acres.   I have been compelled since the exhibition of my last Schedule to return to John Furnar from whom I purchased, being unable to pay for the same.
2 old horses ----------20
2 cow & 2 heifer ------12
1 old wagon -----------20
2 old plows ------------ 2
4 small hogs ------------4
$58
James Ervin X [crossed out words]
The said James Ervin is a farmer by occupation and is unable to pursue his said occupation from his being very decrepit and infirm, and in such indigent circumstances as to be unable to support himself without the assistance of his country.
Sworn to and declared on the 8 day of July 1823, before the Hon. Richard Ridges and Charles J. Kilgour aforesaid Judges of the third judicial district in the State of Maryland.  I Upton Boule Clerk of Montgomery County do hereby certify that it appears to the satisfaction of the Court that the said James Ervin did serve in the Revolutionary War as stated in the preceding declaration against the common enemy for the term of during the war under [illegible] on the continental establishment.  I also certify that the foregoing oath and the schedule thereto annexed are truly copied from the records of the said county and I do further certify that it is the opinion of the said Court that the total amount in value of the property exhibited in the aforesaid schedule is fifty eight dollars [illegible and crossed out words]  In testimony whereof I have hereunto set
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my hand and affixed the seal of the said Court on this 8 day of July 1823
Upton Beall Clk
[Illegible]


Court
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Declaration
In order to be restored to the pension list under the act of the 1st March 1823
Maryland Montgomery County Set.
On this 2nd day of March 1824 personally appeared in open court being a court of record for the Third Judicial District of the State of Maryland James Ervin a resident of said county aged sixty three years who being first duly sworn according to law doth on his oath make the following declaration in order to be [crossed out "restored"] obtain the provision made by the act of Congress of the 1st March 1818 and the [illegible] of May 1820, that the said James Ervin enlisted to serve during the war in the army of the revolution on or about the 30th day of November 1779 in the state of Maryland in Frederick town in the company commanded by Captain Thomas Price in the regiment commanded by Colonel John Stewart in establishment.  That he continued to serve in the said corps until the expiration of the war when he was discharged from the said service in a [illegible] in the State of Maryland and that his name has been placed on the pension list and dropped therefrom on account of his property.  And in pursuance of the act of the 1st May 1820 also solemnly swear that he was a resident citizen of the United States on the 18th of March 1818 and that he has not since that time by gift sale or in any manner disposed of his property or any part thereof with intent thereby to diminish as to bring himself within the provision of an act of Congress entitled "An Act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary War passed on the 18 March 1818.  And that he has not nor any person for him in trust for him any property or securities contracts or debt due him nor has he any income other than what is contained in the schedule hereto annexed by him.  Subscribed  Sworn to [illegible] Court
Upton Beall Clk
Montgomery County
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A Schedule of the property of James Ervin
Two old Horses valued to $20.  one cow heifer valued to $12.  one old waggon $20.  two old ploughs $2.00 & four small hogs $4.00 & one old chest valued 50 cts.

That since the exhibition of James Ervin (illegible] the following changes have been made in my property.  A tract of land containing 178 Acres which I have been compelled since the exhibition of my last schedule to [illegible] Brown as security on [illegible] of him having joined me in a Bond for the purchase of said Land as appears by the affidavit of Frederick Brown herewith transmitted and of which the following is the substance.  "In the autumn of 1819 he (Ervin) was obliged to leave the place on which he then resided, his time having expired and also a division of the property of a deceased person and at that time there was no possibility of his procuring a place to rent on any terms.  He found himself in a very great straight, the above named land was for sale and said Ervin was persuaded buy his friends to purchase the said land said Brown (the person who appears to have made the affadavit referred to) agreed to join him in a Bond for the purchase money, we bargained with Mr. John Tweney for the Land for the sum of $2000 said Brown was to pay one half and he (Ervin) was to pay the other half.  The first payment was $1100 of which he (Ervin) paid $100 and gave his Bond and security for the balance of the money, a deed was executed in James Ervin's name (a certified copy of which is hereto accompanied) for the whole tract of land.  Said Brown took of him a Bond of [illegible] for the one half on the land to be [illegible] off to him (Brown) whenever he should require it which has never been done.  he tho  said Ervin has not paid any more than the $100 which has been more than consumed, by Interest said Brown has since taken up his (Ervin's) Bond and he is now in his present situation, finding it utterly impossible
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for him ever to redeem his Bond and keep the land, he had of necessity to give up the land to said Brown for which he has made and executed a "Deed in due form of Law."  The [illegible] and cows named in the first [schedule crossed out] and not inserted in the second schedule of his papers at present in his possession have been killed and used by the family.  The sheep and one horse have since died.
The said James Ervin is a farmer by occupation and is not able to pursue the same from his having been wounded during the war and has a family consisting of a wife aged 59 years, one son aged 35 years who [illegible] and one son 42 years old all of whom are not to [illegible] any assistance towards their support.
James Ervin X his mark
Sworn to and declared in open court the 2nd day of March 1824 
Upton Beall Clk
Montgomery County
I Upton Beall Clerk of Montgomery County Court do hereby certify that it appears to the satisfaction of the Court that the said James Ervin did serve in the revolutionary war as stated in the preceding declaration against the common enemy for the term of nine months [illegible] one engagement on the continental establishment.  I also certify that the foregoing oath and schedule thereto annexed are truly copied from the records of the said Court.  And I do further certify that it is the opinion of the said Court that the total amount or value of the property exhibited in the aforesaid schedule is $58.11 cents.  In testimony whereof I have hereto set my hand & the seal of my office this 2nd day of March 1824
Upton Beall Clk
Montgomery County Court
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New Market, Frederick Co. Md. August 5, 1841
[Mr. crossed out] Jas L. Edwards Esq.
Sir
You will much oblige me and the rest of the heirs of James Ervin if you will transmit to me the family record of said Ervin which was a leaf in our family bible.  It was deposited in your office by N. H. Pitts Esq. with a view to establish certain facts necessary in the petition of the heirs of Mr. Ervin for a pension.  If it is contrary to your rules to send the original paper referred to, please be kind enough to send me a copy.  Direct as above.
Samuel Ervin
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Maryland Frederick County Set
On this twenty seventh day of May eighteen hundred and forty one personally appeared before the County Court of the county aforesaid Samuel Irvine a resident of the ninth Election District of the said county and being first duly sorn according to law doth on his oath make the following declaration in order to obtain the amount of pension due to Mrs. Sarah Irvine the widow of James Irvine late of Frederick County dec'd. under the act of Congress passed the seventh day of July eighteen hundred and thirty eight.  To wit, that James Irvine was a soldier of the Revolution and received a pension as such from the United States under the act of Congress passed on the eighteenth of March eighteen hundred and eighteen.
That the said James Irvine is dead and died on the twenty eighth day of June eighteen hundred and twenty seven.  That Mrs. Sarah Irvine was the wife of the said James Irvine, that she survived him but that she is now dead and died on the eighteenth day of August eighteen hundred and thirty eight, that she and the said James Irvine were married on the twentieth day of December seventeen hundred and eighty seven as appears by the family record consisting of two leaves taken from the family Bible which
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were heretofore transmitted to the Pension Office and which this declarant expressly swears are the true and only family records and that he is not and that he is not aware and does not believe that there is any public records of the marriage whatever.  That Mrs. Sarah Irvine had at the time of her death seven children by the said James Irvine, to wit Mary aged 52 on the 26th Sept. 1840, John aged 50 on the 1st Nov. 1840, Jane aged 48 on the 7th Feb. 1840, James aged 45 on the 2nd [crossed out words] of April 1840, Samuel aged 43 on the 16th Aug. 1840, Thomas 38 on the 16th Aug 1840, Alfred aged 50 on the 22nd Feb. 1840, all of whom survived their mother and are still living.
Sworn to and subscribed in open court on the day and year first above written.
Samuel Irvine
Test Henry Schley Clk
Frederick City et
Also on the day personally appeared before the County Court aforesaid James Taylor [illegible] Meredith [crossed out words] and being first duly sworn declare upon their oaths that they were acquainted with Mrs. Sarah Irvine and that they know her to have been the
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widow of the James Irvine named in the foregoing declaration who to the best of their knowledge, information and belief received a pension from the United States for his services in the revolutionary war and that the said Sarah Irvine was the identical widow of the said James Irvine and that she died on the 18th of August 1838 as set forth in the foregoing declaration.
Sworn to and subscribed in open Court on the day & year first above written.
James Naylor
Levi Meredith X his mark
Test Henry Schley Clk
Frederick City et
And also on the day and year aforesaid personally appeared before this County Court aforesaid Samuel Stevens and being first duly sworn upon his oath declares and saith that he had seen and examined the two leaves referred to in the foregoing declaration and doth verily believe that they were taken from the family bible of the said James Irvine as stated in the foregoing declaration.
Sworn to and subscribed in open court on the day and year first above written.
Samuel Stephens
Test Henry Schley Clk
Frederick City et
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And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories prescribed by the War Department that the above named Sarah Irvine was the widow of James Irvine and that the statements made in the foregoing declaration are true.
And the said Court further certifies that it appears to them that the aforesaid James Naylor, Levi Meredith & Samuel Stevens who have sworn to & subscribed the aforegoing affidavits are credible persons and that their statement is entitled to full credit.
Test
Henry Schley Clk
Frederick City et

Frederick County Set
I Henry Schley Clerk of Frederick County Court do hereby certify that the foregoing contained the original proceedings of the said Court in the matter of the application of Samuel Irvine to obtain the amount of pension due Mrs. Sarah Irvine under the act of Congress passed the 7th of July 1838.
In testimony whereof I have hereunto set my hand and affixed the seal of my office this twenty seventh day of May eighteen hundred & forty one.  Henry Schley Clk
Frederick City et