1876 Sale of Caswell Property by Jacob, His Mother and Siblings
Caswell Co Deed Book FF, page 60
December 3, 2001
The following is a transcript of a handwritten property sale signed in Surry County, NC, for property in Caswell County. Since the remaining family was not well off financially, the property may have been the land that Jacob's sister, Adaline, inherited from her Grandfather Jacob Thomas. Adaline's signature is missing and she is presumedly dead. Or it could have been property Jacob Thomas left to his wife, and then inherited by the family after her death.
*Note: The term "chain" as used in this deed is currently defined as 66 feet. If the reference below to 1520 chs is accurate that is 19 miles!!
State of NC
Surry County
This deed made this 18th day of Sept, 1876 by ME Phelps, Emily R. Phelps, JAI Phelps, Nannie B Phelps [Jacob's wife], Susan E Phelps, Frannie ? Phelps, JW PHelps, Elizabeth Phelps [mother], Mary E Phelps [Adaline is missing] of Surry County and state of NC to CG (CY?) Russell of Caswell County and state of NC ...forth that said ME Phelps, Emily Phelps, JAI Phelps, Nannie B Phelps, Susan E Phelps, Fannie H.Phelps, JW PHelps, Elizabeth Phelps [mother], Mary E Phelps in consideration of five hundred and seventy four dollars to ... and paid by CG (CY?) Russel the receipt whereof is herby acknowledged both bargained and sold and by these presents doth bargain sell and convey to said CG Russell and his heirs a certain tract of land in Caswell County state of NC adjoining the lands of JW Allen, Samuel Barnwell ,Gille Burton and others bounded as follows xxx Beginning at a large Poplar tree in xxxxx xxx McKissack xxx thenseforth on said line 21.-25 *chains to a Hickory Chas. Russell's corner(?) thense xxx 4.-8 chs xxxx to a small Dogwood thenseforth 1520 chs .to xxx , thense West 34 chs to a White Oak thense South 24 chs to Post(?) Oak thenseforth North 650 East 3 y chs, thence South 690 East 3.7 chs to the first station(?) containing by estimation one hundred and five acres, be the same more or less.
[legal phrases follow]
In testimony .... of the said ME Phelps, ER Phelps, JAI Phelps, Nannie B Phelps [Jacob's wife], Susan E Phelps, Frannie H Phelps, JW PHelps, Elizabeth Phelps [mother], Mary E Phelps hath ... and seal this day and year.....
L.S Mearion ? [Signatures for] ME, Emily R, JAI(?),
??? ??,A Reid as to Mary E. Phelps Susan E, Frannie H, JW, Elizabeth [wife], Mary Eugenia
Nannie B [JAI or Jacob's wife]
State of NC
Surry Co
Be it remembered? that on this 19th day of Sept 1876 before me L J Forman personally appeared …[all the children except Adaline, and except wife Elizabeth and Jacob's wife Nannie B], NJ Phelps [Nannie B?] and wife N P [Elizabeth?]Phelps the grantors named in the forgoing deed who acknowledged the due Execution therof? by them as their? act and deed, and ??? the said NB Phelps being? ly? me privately? examined? seperate? and apart from her? said husband touching her free consent to the execution of said deed she on such her examination declares that she executed? the same freely and of her will and accord and without any force from or undue influence of her said husband or any other person and does still voluntarily a?sent th?? and hereby relinquish her right of *Dower in said land.
Let the said deed and this certificate be registereds.
LJ Forman
Probate Judge.
State of NC, Caswell County.
The forgoing deed was filed for registration on the 10th day of July AD 1877… in the office of Register of Deeds for Caswell County…..
Why did Jacob's wife, from Surry County sign?
Land records often reveal the name of a man's wife. The English common law system of "dower rights" for a widow was followed in the American colonies and continued in most U.S. states well into the 19th Century. Dower rights entitled a widow to 1/3 of her husband's estate upon his death. No written will had to specify that amount. As a result of the dower rights of a married woman, early land deeds will almost always mentioned the name of a man's wife because she had a legal interest in any land being sold or purchased. In fact, a woman had "veto power" over the sale of land by her husband. Under the English system, a married woman could not own land in her own name, but with her dower rights, she could veto the sale of the land. Many early deed transcripts will include an affidavit in which a wife was interviewed privately by the court clerk to determine if she was in favor of the sale or not. (Copied from The GENEALOGY BULLETIN, Issue No. 25, Jan-Feb 1995)
How to interpret the directions given in the deed
Compass Degree Headings.
These are given by specifying a compass point (north, south, east, or west), a number of degrees, and then another compass point. For example, N23E is a heading.
This picture shows examples of various headings at ten degree intervals. Any of the lines leaving the center of the diagram has its heading shown at the end of the line. Surveyors use this system today, and it can be as precise as the surveyor wants.