James Faulkner and Waxhaw Church

By Historian Louise Pettus

South Carolina { Lancaster District { An agreement this day entered into between James Faulkner of the one part and divers members of the congregation of Waxhaw Church of the other part -Witnesseth:

Whereas the said James Faulkner has placed gates on a certain road leading through the plantations of T. K. Cureton, L. B. Massey & said James Faulkner to the Waxhaw church.

And whereas certain persons demand it as a legal right and a matter of public convenience that said gates so placed by the said James Faulkner should be removed and the road left open and unobstructed.

Now therefore for a final adjustment of the matter and in order to avoid the unpleasantness as well as expense of litigation between neighbors the contracting parties above named agree; that is to say, the same James Faulkner on his part agrees and contracts with the members of the Waxhaw congregation, that he will on a point of said road, at or near, where now stands the gate of his fartherest from the church erect a gate and run a road from thence in as straight a line as possible, to a point in his fence nearest and opposite the said Waxhaw church and there place another gate which road and gates are to be for the use and convenience of the members of the congregation of said church, and to effect a final adjustment of the matter, said Faulkner concedes and conveys to said members, and their successors forever, the right of way over said road, and privilege to use said gates. And he further obligates himself to keep in good repair the gates so proposed to be erected by him.

And the said contracting members of the said congregation in consideration of the premises, and also in consideration of the way proposed by said Faulkner will shorten materially the distance to said church. ______ and obligate themselves to the said James Faulkner to accept on the terms of this agreement as a final and complete settlement of the matter; and they have and do hereby concede to said James Faulkner his heirs and assigns forever the right and privilege to erect and keep gates for his convenience on said road leading to the said church as is first above stated. In testimony whereof the contracting parties have hereunto set their hand, and affixed their seal, this Second day of November eighteen hundred and fifty two. Signed Sealed & Delivered In the presence of

James Faulkner, John Foster, B. S. Massey, John J. Porter, Henry Anderson, R. C. Vaughan, W. ? J. ? Cureton, J. R. Glenn, John N. Neely, R. D. M. Dunlap, William B.? Dunlap, _ . . McCi___on, Samuel J. Dunlap, Robert H. Crockett, Eli D. Crockett, John Gamble, W. J.? Gamble, Joseph A? H? Cunningham, _____ Crockett