DEED BOOKS RECORDED MORE THAN PROPERTY TRANSFERS
DEED BOOKS RECORDED MORE
THAN PROPERTY TRANSFERS ©

by Holly Timm
[originally published 2 September 1987]
Harlan Daily Enterprise Penny Pincher]
The deed books of the 19th century contain many records of genealogical and historical interest. Most, but not all, of the documents recorded in the deed books are land deeds, but some are deeds for other types of property such as slaves or livestock and there are a few mortgages, wills and powers of attorney.

Many of those who died in the 1800's did so without leaving a will. Under those circumstances, state law dictated the division of the property among the heirs of the deceased. A certain portion would be allotted as the widow's dower and the remainder would be divided among the children.

The law did not require that deeds be filed on the division of the estate and often no records of the heirs appear for many years, not until the heirs appear for many years, not until the heirs or their heirs sold the property. David Fee died in 1847, but no records appear on the division of his tract of land until the 1890's when various of his children and grandchildren sold their interests in the land.

In the first half of the 19th century, when census and other records reveal little about family relationships, the deed records may be the only documented source a family researcher has to discover further information. For example, in 1822, George Brittain and his wife Nancy sold their share of land on Powells River and Russells Creek in Claiborne Co., Tenn., to David Chadwell, the land being "part of lands divided between the heirs of Benjamin Posey - deceased," Nancy's father.

Creeks, rivers and various other types of watercourses were the main point of reference to describe the location of a piece of land. Phrases such as "on the north side of the Cumberland River opposite the mouth of Brownies Creek" abound in early land records.

Other identifying phrases such as "on Cranks Creek including a mill in the occupancy of said Burkhart" or "on the town line near the old ford" with a reference to Cawoods Island south of town help not only to pinpoint the location of the land, but in the latter case help to identify old historical locations or activities of specific individuals.

Sometimes an individual would pass land on to one or more of their children before their death, such as was the case in 1826 when Stephen Farmer deeded 40 acres on Martins Fork including the farm on which he then lived to John Farmer "for and in consideration of the sum of $10 and in consequence of the said John Farmer being his youngest son."

When an heir lived at a considerable distance he might appoint someone else, often a relative, to take care of matters for him. This would require a power of attorney. These documents not only provide proof or clues to relationships, but also leave information about where portions of a family have moved to.

Two such powers of attorney in the Harlan deed books provide information on the family of Wilson Lewis Sr. Apparently, his son, Wilson, and his daughter, Mary Lewis Basham, were unhappy with the handling of the estate by its administrator, Abner Lewis, another of Wilson's sons. In September of 1820, Mary Lewis Basham of Kanawah Co., Va., appointed Wilson Lewis of Monroe Co., Va., to "ask, demand, sue for and recover of Abner Lewis, administrator of the estate of Wilson Lewis - deceased, late of Know Co., Ky., all such debts, legacies and sums of money...as are now due and owning" to her. The following January, Wilson Lewis was in Harlan and executed a power of attorney to John Lewis to do the same.

The early mortgages found in the deed books provide a glimpse of what people considered valuable property. In 1839, William Ely mortgaged "one brown mare and colt, one bay horse, one cow and calf, three beds and furniture, one crop of corn, a crop of rye, a crop of flax, one pot, one oven and lid and all his household furniture and three axes" to Thomas Sewall to secure the sum of $80. As repayment was due on Christmas Day, it is to be hoped he could repay the debt or his family was in for a rough winter.

back to the index


Purely Decorative Image

visitor