James Creth BURT

     James Creth BURT, son of Joseph BURT Jr. and Ann READ, was born on 20 June 1809 in Halifax County, North Carolina.

He was probably one of the 4 males under age 10 listed in the household of his father, Joseph BURT Jr., in the 1810 Federal Census of Halifax County, North Carolina.¹

He was probably one of the 2 males age 10 to 16 listed in the household of his father, Joseph BURT Jr., in the 1820 Federal Census of Halifax County, North Carolina.² He moved from North Carolina to Washington, Autauga County, Alabama, circa 1821 with his parents. In true pioneer fashion they had traveled by wagon down the Old Federal Road through Georgia. (For a map of this location see map.)

James Creth BURT purchased a government land patent 19 December 1833 in Autauga County, Alabama. From the Cahaba Land Office he purchased the northeast quarter of the southwest quarter and the norteast quarter of the southeast quarter of section 19, township 17N, range 16E.³

He purchased a government land patent 29 September 1834 in Autauga County, Alabama. From the Cahaba Land Office he bought the northeast quarter of the northeast quarter of section 19, township 17, range 16.⁴

James purchased a government land patent 17 February 1835 in Chambers County, Alabama. He purchased 80 acres in Section 19 on that date, then 40 more acres in Section 30 on 15 Apr 1837. It is possible that his brother, Joseph J. Burt, farmed this land for him as he was living in this area in 1845..

He purchased a government land patent 12 August 1835 in Autauga County, Alabama. He purchased from the Cahaba Land Office the southwest quarter of the southwest quarter of section 36 and the east half of the northeast quarter of section 35 of township 15, range 8.

A year later on 1 Mar 1836 he sold this land to his brother, Martin R. Burt, for $225. The sale included the east half of the northeast quarter of section 35, township 15, range 8 and the west half of the northwest quarter of section 36 of the same township and range. It contained 160 acres..^5,6,7

He purchased a government land patent 21 November 1835 in Dallas County, Alabama. From the St. Stephens Land Office he bought the northwest quarter of section 6 and the north half of the southwest quarter of section 6, township 15N, range 16E.⁸

James Creth BURT sold land to Willis Perry BAKER on 18 May 1838 in Autauga (now Elmore) County, Alabama. For $480 Burt of Autauga county sold 160 acres to Willis P. Baker of Muskogee county, Georgia. It included the east half of the southeast quarter of section 13 and the west half of the southeast quarter of the same section in township 19, range 17.⁹

James moved from Autauga County to Talledega County, Alabama, circa 1839 At this time the former Creek Indian lands in northeast Alabama was opened for sale. The government-sponsored removal of the Indians had ended officially in 1837 and 1838. A government land office was created in Mardisville and a tide of new settlers moved into the newly available lands.¹⁰

James Creth BURT witnessed the probate of the estate of Joseph BURT Jr. on 18 January 1841 in Autauga County, Alabama. For a total of $1,215.75. The estate included four lots of books, saddle bags, rifle, shotgun, bedstead, arm chair, watch, chest, a Negro man, and a Negro Woman. On 20 January 1841 Martin R. Burt approved the appraisel and administered the sale of the property. James C. Burt purchased three lots of books, the saddle, rifle, shotgun, chair, watch, bed, and Negro man. S. R. [Stephen R.] Burt bought one lot of books, some tools, and a bedstead. M. R. [Martin] Burt bought some books and bags[?]. J. Burt bought one trunk. The total sale amounted to $1,398.91.¹¹

In settlement of a law suit between James C. Burt and C. C. Billingsley the county sheriff, Samuel Wallace, on 7 Jun 1841 by order of the court seized and auctioned some property at Kingston. J. C. Burt was the highest bidder on the tract of land being the east half of the southwest quarter of section 20, township 20, range 14.¹²

James Creth BURT witnessed the probate of the estate of Joseph BURT Jr. on 17 October 1842 in Autauga County, Alabama. $172.37 1/2 each was distributed to the following heirs: Nancy Coleman, Thomas Coleman in right of his wife Martha, Barrett Vincent in right of his wife Elizabeth, Stephen R. Burt, Martin R. Burt (administrator), Henry Hunt in right of his wife Sarah, James C. Burt, and Joseph J. Burt.¹³

James married Elizabeth BAIRD, daughter of Alexander BAIRD, on 18 February 1843 in Mardisville, Talladega County, Alabama. She was the widow of Isaac Killough. James and Elizabeth operated the tavern in Mardisville. The tavern containing 16 rooms was on the town's main street, which was none other than the old McIntosh Trail from Wetumpka, and which was the main road through Talladega. According to Historic Tales of Talladega,"The road entering Mardisville from the south had a row of beautiful oak trees along the border. Four of the 16 rooms of the tavern were on the second story. There were two staircases leading to the second floor; one staircase and two rooms were reserved for lady guests, and the other two rooms and staircase were reserved for gentlemen guests." The sound of the bugle of the stage coach many miles away, was a signal for residents to assemble at the tavern to see the new arrivals, and to get the weekly mail. "Transients frequently spent the night when the stage coach, drawn by four horses, with driver and footman, found its way into the wilderness once a week beginning about 1835. There was no such thing as private room. Frequently ten or twelve people occupied the same room." There were hoards of transients during the first years, which the tavern could not accommodate, and it was customary for travelers to bring their tents and to camp about the village. Frequently 65 or more were guests at the inn's table.

The tavern was first kept by Mrs. Lovedy Cruikshank, a widows. Elizabeth Burt followed Mrs. Cruikshank as keeper of the tavern. According to Historic Tales of Talladega, "She had a beautiful garden across the street from her home, which was invariably mentioned when the subject of Mardisville was brought up." On the opposite corner from the tavern was a general merchandise store owned and operated by John Hardie and Ansel Sawyer, where for many years the post office was kept. There was a cake shop, or baker's shop; a wood shop, containing hoes, plows, buckets, troughs, etc; a tailor shop, and a dry goods store located south of the tavern, owned by a Mr. Schuesbach. Back of the tavern was the harness and repair shop of David Waugh, who also kept the post office at one time in front of his shop. Across the street was home of David Waugh; two large log rooms with an open hallway. In back of his house was formal garden.

There were two churches-- Presbyterian and Methodist. The bell of the Presbyterian church was moved to First Presbyterian Church in Talladega when the Mardisville church was abandoned. There was a boys academy taught by Mr. Finn, and later by Mr. Jack King. There was also a girls academy.

The Micah Taul home was the most imposing dwelling. It was a two-story log house that was later weatherboarded. It was located northeast of the Land Office, below the hill on the on the east of the spring. The Taul home was the social center of the elite of the village. The Ansel Sawyer home on the east of Mardisville was once owned by Benjamin Smoot, and later by H. M. Burt. Dr. Augustine J. McAlpine had a home on the southwest side of town. Other early doctors were Drs. Wheeler, Osborn Echols, Joel Watkins, and John Watkins.

John Hardie built his home, "Thornhill" a short distance north of Mardisville, and others who transacted business in the village followed his example, of building on plantations. James C. Burt probably built a plantation outside of town before 1860.¹⁴

James appeared in a newspaper article 21 September 1898 in the Our Mountain Home, published in Talladega, Alabama. The article discribes a tour of the area including a vistit to "Mardisville (or Jumpers Spring) with its historic memories, or the lordly plantation homes of Capt. J. C. Burt, Gen. Levi W. Lawler, (where the scene of the famous melodrama, Alabama, was laid) and Maj. Walker Reynolds on the Sylacauga road, or to trace the Winterboro road which led off to the right at Gen. Lawler's, and became a plank road at the boro some two miles beyond...

James Creth BURT was named legal guardian of Angelina Seraphine KILLOUGH and Alexander B. KILLOUGH 14 August 1847. The court records state that James C. Burt, father-in-law of Angeline and Alexander Killough, children and minor heirs of the estate of Isaac Killough, deceased, applied for guardianship of said minor heirs. It said that at the final settlement of Isaac's estate $1,221 was set aside for the two children and intrusted to his widow, Elizabeth. Records confirm that J. C. Burt was appointed guardian.

In 1849 Angelina and her husband, Dr. Wiley Glover, filed for guardianship of Alexander and he lived with them in Benton [now Calhoun] County. He was declared of legal age in January, 1854.^15,16

He appeared in a newspaper article 15 March 1848 in the Democratic Watchtower, published in Talladega, Alabama. The State of Alabama, Talladega County, Special Term of the Orphan's Court: January 4th, 1848. -- This day came James C. Burt guardian for Angeline S. and Alexander B. Killough, minor heirs of the estate of Isaac Killough dec'd and presented his accounts and vouchers for settlement which were examinied and ordered to be filed for the inspection of all concerned.

It is therefore ordered that notice be given for forty days by publication for three weeks consecutively in the Democratic Watchtower, notifying all persons interested to appear before this court on the 16th day of February next, to show cause why said accounts should not be slated and allowed for settlement. By order of the Judge, A. J. Cotten, Clerk.

James married second Frances Anne GIBSON, daughter of Col. Jonathan Catlett GIBSON and Martha Dandridge BALL, on 13 February 1849 in Mardisville, Talladega County, Alabama. H. E. Taliferro performed the marriage ceremony.¹⁷

James bought a tract of land from Joseph Tarpley BURT on 24 April 1849 in Mardisville, Talladega County, Alabama, for $750. Both men were residents of Talladega County. The sale included lots 20, 21, 22, 23, 24, 25, 26, 27, 38 and 39 in Mardisville (northeast quarter of section 18, township 19, range 5). The witnesses were John Sawyer, J. W. Hardie, and Marcus M. Duncan.¹⁸

James Creth BURT and Frances Anne GIBSON appeared as head of household on a census enumerated 1 June 1850 in Mardisville, Talladega County, Alabama. The household was listed as James C. Burt, age 41, born North Carolina; Frances A. Burt, age 30, born Virginia; Henry Burt, age 5, born Alabama; Fanny C. Burt, age 4, born Alabama; Martha D. Welch, age 5, born Alabama; J. Tapley Burt, age 34, born Georgia; and Elizabeth Billing, age 50, born Virginia. James and J. Tapley Burt, a cousin, were listed as farmers. James' estate was valued at $7,000. The identity of Elizabeth Billing is unknown.^19,20

James Creth BURT was named legal guardian of Martha Dandridge WELCH in 1860 in Mardisville, Alabama. After the death of her father in 1847, James E. Welch, with the approval of his sister-in-law, Frances Ann Welch, became Mattie's guardian. In 1860 James Welch relinquished his guardianship role to James C. Burt, who formally became young Mattie's guardian. Since 1850, if not before, Martha had lived with the Burts in Mardisville.²¹

James and Frances appeared as head of household on a census enumerated 2 June 1860 in Mardisville, Talledega County, Alabama, the household was listed as Jas. C. Burt, age 50, farmer, born North Carolina; Francis[Frances] A. Burt, age 40, born Virginia; Henry M. Burt, age 15, born Alabama; Martha D. Welch, age 14; John Burt, age 7; Anna Burt, age 5; and Pierre Burt, age 2. James had real estate valued at $15,000 and personal estate valued at $50,000. Martha D. Welch had real estate valued at $2,000 and personal estate of $16,300. All of the children, except Pierre, were attendng school. J. C. Burt appears to have been one of the wealthiest men in Mardisville. He had about 60 slaves in eleven houses in 1860. The agricultural census listed him with 600 improved and 1100 unimproved acres, a farm with cash value of $15,000, $800 worth of farm implements and machinery, eight horses, 10 mules, 20 milk cows, 8 oxen, 50 head of cattle, and 200 swine. The value of his livestock was $3,000. He had 300 bushels of wheat, 3,000 bushels of corn, 700 bushels of oats, 100 bales of cotton, 100 bushels of peas and beans, 10 bushels of Irish potatoes, 500 bushels of sweet potatoes, 20 bushels of barley, 300 pounds of butter, and $1200 worth of slaughtered animals. This last may have been from Mr. Burt's tannery. It is believed that he also made shoes and may have supplied leather goods to the Confederacy.^22,23

Confederate soldier, John Magee, whose artillery battery passed through Talladega County between August 6 and August 8, 1862, recorded in his diary the hospitality shown the soldiers by the citizens: "Wednesday Aug. 6, 1862. Started early came 23 miles to Talladega. At a small town by the name of Mardisville, a gentleman by the name of J. C. Burt gave dinner to all who would stop. His most estimable lady, who is a Virginian, assisted by her younger sister welcomed the soldiers in-- acting as ushers from the gate to the table. The young lady's name is Miss [Susan?] Gibson from Culpepper Courthouse, Va. The old gentleman is from N. Carolina. What a difference between Alabama and Mississippi hospitality. I stayed 3 or 4 hours, had a long talk-- read poetry-- heard music on the Piano and enjoyed myself very much."²⁴

James Creth BURT bought a tract of land from Henry Harrison HUNT on 29 July 1863 in Autauga County, Alabama.²⁵

James Creth BURT and Frances Anne GIBSON appeared as head of household on a census enumerated 1 June 1870 in Mardisville, Talladega County, Alabama, the household was listed as James C. Burt, age 61, farmer, born North Carolina; Fanny A. Burt, age 51, born Virginia; and Henry M. Burt, age 25, farmer; Mattie [Margie] Burt, age 24; Anna, age 16; John, age 14; and Pierre, age 12, in school. Also in the household was Tilla Smoot, a 43 year old white housekeeper from Virginia.²⁶

James Creth BURT and Frances Anne GIBSON appeared as head of household on a census enumerated 1 June 1880 in Talledega County, Alabama. The household was listed as James C. Burt, age 71, farmer, born North Carolina; Frances A. Burt (wife), age 65, born Virginia; and Emily Holliman, age 16, Domestic Servant, born Alabama. The parents of James were both born in North Carolina, while the parents of Frances were born in Virginia. The birth place of Emily's parents was not given.²⁷

James Creth BURT appeared in a newspaper article 8 December 1886 in the Our Mountain Home, published in Talladega, Alabama. "The many friends of Capt. J. C. Burt will be glad to know that he has undergone a successful operation for cateract at the hands of Dr. Calhoun, of Atlanta, and that he will be home soon with his eyesight restored."

James Creth BURT and Frances Anne GIBSON gave a tract of land to Ambrose Burt on 26 April 1889 in Talladega County, Alabama, The deed read "in consideration of the affection which I bear toward Ambrose Burt, my former slave, who has been faithful to me since his emancipation" and gave him the south half of the northeast quarter of section 19, township 19, range 5. It was signed by both James and Frances Burt.²⁸

James Creth BURT loaned money to Eustace Pierre BURT on 22 March 1892 in Bibb County, Alabama. He needed a $1,024 advance from his father to purchase horses, mules, oxen and necessary provisions, farming tools and implements to enable him to make a crop during 1892. The loan had a due date of 1 January 1893 and was backed by the following security: one mule, mouse colored, 7 years old, named Jack; one black mule, 9 years old, named Jack; one mare mule, sorrel colored, 5 years old, named Dollie; one bay horse about 15 years old named Charlie; one yoke oxen named Ball and Berry; one white cow named Dolly; one yellow cow named Spice; one white and yellow spotted cow named Timmy; two white and black cows named Lutie and Pink; nine heifer yearlings; and his entire crop of corn, cotton and fodder made in 1892. The security would go to J. C. Burt if not paid back by the due date. The instrument was signed by E. P. Burt and by Mattie Yeager via her mark.²⁹

James Creth BURT died on 16 May 1896 in Talladega, Alabama, at age 86. He was buried in Oak Hill Cemetery, Talladega, Alabama.

James's obituary was printed on 20 May 1896 in the Daily Advertiser newspaper, published in Montgomery, Alabama. It read:


His obituary appeared 20 May 1896 in the Our Mountain Home, published in Talladega, Alabama.


James's obituary was also printed on 29 May 1896 in the Prattville Progress newspaper, published in Prattville, Alabama. It read:


James Creth BURT appeared in a newspaper article 3 June 1896 in the Our Mountain Home, published in Talladega, Alabama. Probate Notice-- The State of Alabama, Talladega county, Probate Court, Special Term, June 2, 1896. Estate of James C. Burt, deceased.

This day came H. M. Burt and filed in this court his petition, in writing and under oath, therewith producing and filing in this court an instrument of writing purporting to be the last will and testament of James C. Burt, deceased, and praying for such orders and proceedings as may be proper and requisite for the due probate and record of said will in this court. It is therefore ordered by the court that the 25th day of June 1896, be set as a day for hearing testimony in proof of said instrument as such will.

It is further ordered that Mrs. F. A. Burt, who is a non-resident of this State, and resides at Los Angeles, California; John J. Burt, who resides at San Francisco, California; and Mrs. Anna H. Buckner, wife of A. H. Buckner, who resides at Sperryville, Virginia, have notice of the nature of and of the time set for hearing said petition, by publication continued for three successive weeks in the Our Mountain Home, a newspaper published in this county, a copy of which shall be sent to each of said persons, post paid, through the public mail, properly addressed, within five days after the first publication. E. H. Dryer, Special Judge of Probate.