Land Transactions by John Petree

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Land Transactions by John Petree

John Petree purchased 160 acres of land from Josiah Spears on December 25, 1862 for $1,070. He sold it February 16, 1863 to Levi Burtz for $1,200 which made him a profit of $130. It's interesting to note that it took over 13 years for John to get this deed recorded in the county deed book. This, despite the fact that the second deed between Petree and Burtz was recorded the same month that it was made. What's even more interesting is that the second deed was witnessed by the same Josiah Spears who was a justice of the peace at the time. One wonders why it took so long for the first deed to be recorded, but perhaps we will never know.

This first transcription was very difficult to make as it is taken from a photocopy of a photocopy, plus the clerk who wrote it did so in a tiny handwriting that is very difficult to decipher in places. However the essence of the document has been preserved in this transcription.

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From Cherokee County, Georgia Deed Book U, Page 11

Josiah Shears to John Petree
Nos. 823, 824, 833, 834

State of Georgia Cherokee County
This indenture made this 25th day of December Eighteen Hundred & Sixty Two between Josiah Spears of the said county and state of the first part and John Petree of the same place of the other part, Witnesseth that the said Josiah Spears for and in consideration of the sum of One Thousand and Seventy Dollars cash in hand paid, the receipt whereof is hereby acknowledged, hath bargained and sold, and by these presents doth ... release and ... just claims to the said John Petree his heirs and assigns all the right title interest claim or demand the said Josiah Spears has or may have in and to lots of land ... Nos. 823) Eight Hundred & Twenty Three, 824) Eight Hundred & Twenty Four, (833) Eight Hundred Three, (834) Thirty Four in the Fifteenth District and Section Section containing one hundred and sixty acres more or less, with all the rights, members, and appartenances to said lots of land in anywise appertaining or belong. To have and to hold the said lots of land to the said John Petree, his heirs and assigns, so that neither the said Josiah Spears, his heirs, nor any persons claiming under him shall at any time here after by any way or means have claim or demand any right title or interest in or to the aforesaid lots of land or its appurtenances or any part thereof. In testimony whereof the said Josiah Spears hath hereunto set his hand and affixed his seal this day and year above written.
Signed sealed and delivered in presence of Thomas D. Evans, P.S. Evans
25th Dec. 1862
(signed) Josiah Spears

Georgia
Cherokee County
Personally appeared before me Thomas D. Evans who being duly sworn on oath that he saw Josiah Spears sign seal and deliver the attached deed for the purpose therein mentioned, that the deponent signed the same as attending witness and also saw Phillip S. Evans do the same. (signed) Thomas D. Evans

Sworn to & subscribed before me
the 22nd February 1875
Mr. N Holden N.P.
Stamped #143 U.S. Revenue

Recorded February 22, 1875
James M. Hudson, Clerk

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From Cherokee County, Georgia Deed Book T, Pages 416-417

John Petree to Levi F. Burtz
Nos 823-824-833 & 834 in
15th Dist. 2 Sect

Georgia Cherokee County
This indenture made this the 16th day of February in the year Eighteen hundred and Sixty three between John Petree of the one part and Levi F. Burtz of the same place of the other part. Witnesseth that the said John Petree for and in consideration of the sum of Twelve Hundred Dollars to him in hand paid at and before the sealing and delivery of these __ the receipt whereof is hereby acknowledged, hath granted, bargained sold and doth by these presents grant, bargain, sell and convey unto Levi F. Burtz, his __ and assigned all that tract or parcel of land situated lying and being in the county aforesaid on the waters of Little River in the fifteenth district and second section in the said county containing one hundred and sixty acres more or less, to have and to hold said tract or parcel of land to him the said Levi F. Burtz, his heirs and assigns together with all and singular(?) the rights, members, and appurtenances thereof to the same in any manner belonging to his and their own proper use benefit, and ... forever in fee simple known and distinguished by the Lots Nos (823) Eight hundred and twenty three, (824) Eight hundred and twenty four, (833) Eight hundred and thirty three, (834) Eight hundred and thirty four. And the said John Petree for himself, his heirs, Executors and administrators the said bargained premises to the said Levi F. Burtz, his heirs, will warrant and forever defend the right and title thereof against themselves and against the claims of all other persons whomsoever. In witness whereof the said John Petree hath hereunto set his hand, affixed his seal the year above written. Signed, sealed in presence of John L. Olive, Josiah Spears J.P. (signed) John Petree

#150 Internal Revenue Stamp affixed on Deed
Recorded February 16, 1863
O.W. Putnam, Clk

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As you can see from the chart below, the four tracts involved in these deed transfers form a square. Without a chart or map of tract numbers it is difficult to see the relationship of tracts to one another.

 _____________________________________________________________________________
| 769 | 768 | 767 | 766 | 765 | 764 | 763 | 762 | 761 | 760 | 759 | 758 | 757 |
|     |     |     |     |     |     |     |     |     |     |     |     |     |
|_____________________________________________________________________________|
| 816 | 817 | 818 | 819 | 820 | 821 | 822 | 823 | 824 | 825 | 826 | 827 | 828 |
|     |     |     |     |     |     |     |  x  |  x  |     |     |     |     |
|_____________________________________________________________________________|
| 841 | 840 | 839 | 838 | 837 | 836 | 835 | 834 | 833 | 832 | 831 | 830 | 829 |
|     |     |     |     |     |     |     |  x  |  x  |     |     |     |     |
|_____________________________________________________________________________|
| 888 | 889 | 890 | 891 | 892 | 893 | 894 | 895 | 896 | 897 | 898 | 899 | 900 |
|     |     |     |     |     |     |     |     |     |     |     |     |     |
|_____________________________________________________________________________|

Effort has been made to eliminate errors, but their absence is not guaranteed. This document is copyright 2006 by Charles Hartley. Permission is hereby granted to individuals seeking family history information to copy the contents of this document for their personal use. It may not be sold, either separately or as part of a collection, without the written permission of the copyright holder; nor may it be placed at any other location on the internet without said written permission.

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