| DEEDS |
This article should explain how to understand a simple deed for land. Land deeds are the most common deeds found in deed books during the 17th and 18th
century, Land was the cheapest thing that a man could buy. (The most expensive thing were slaves.) These deeds can easily be found in the Forsyth County
Register of Deeds Office in Winston-Salem.
Deeds are indexed by Grantee and Grantor. The Grantee is the person buying the land and the Grantor is the person selling the land. You should be able to find
your families under both indexes. The indexes will give you the Deed Book and page number of the deed. A man could own land at any age, but he could not sell
the land until he was age 21.
For this article, I am using a Stokes Co., NC Deed Book: page 433 dated 11 May 1812 from Christian Lash to Samuel Vest. This tract of land is on Lashes Creek
which is in the Lewisville area of Forsyth Co. NC.
There are important items to look for within a deed: the date of the deed, the grantor, the grantee, the amount of money paid for the land, the description of the
land, the signature of the grantor, the witnesses of the deed, and the date proven which is when the deed is recorded in the deed book.
All land deeds begin with "This indenture made this . . ." The date given in this deed is eleventh day of May 1812.
The next item identifies the GRANTOR, or the person selling the land, which is Christian Lash of the County of Stokes of the one part..
Following that is the GRANTEE, or the person buying the land which is Samuel Vest of said County of the other part.
The next important item is the money which is ninety dollars to him in hand paid by Samuel Vest. The receipt whereof is hereby acknowledged by Christian Lash. . .
So far, we know the date of the deed, the Grantor, the Grantee and the amount paid for the land.
The next important item to look for is the description of the land or the metes and bounds. In this deed the description of the land is:
lying & being in the county of Stokes on Lashes Branch, beginning at a stake and runs north twenty seven chains and twenty eight links to Obediah Vests
corner pointers, west fifty four chains to his corner black oak south eight chains and fifteen links to Charles Vests corner dogwood bush, East on his line twenty
chains and fifty links to his Corner White oak, South thirteen chains and thirteen links to his corner hickory bush East fifteen chains to his corner pointers, south six
and a half chains to this corner birch on the said branch and thence to the beginning Containing one hundred acres, be the same more or less..
Within the deed description are a few things that are helpful to you. In the deed, the waterway mentioned is Lashes Creek and adjoining land owners, Obediah Vest
and Charles Vest. (Vest family research documents that Obediah and Charles Vest are the sons of Samuel Vest.) The amount of acreage in the deed is 100 acres
more or less. The more or less is in most all land deeds. The older surveying instruments were not that accurate, so the land may be only 98 acres or it could be
105 acres, so more or less is important to understand. Also, in this deed, chains were the unit of measure. Other units of measure that you might see in a deed are
links, poles, rods and perches. Sometimes land deeds have lines that are so many degrees, meaning there are angles in one or two of the sides or all sides of the
land. If the deed follows a waterway, you have meander lines in a deed, as the land for that area of the deed follows the waterway on the land.
The next important item in the deed the signature of the Grantor or the seller of the land. It is important to note whether the person could write his name or whether
the Grantor marked his name with an“X” or some other kind of mark. In the case of this deed it is signed Christian Lash SEAL. All persons back then had a seal
that was next to their name.
That leaves us with the witnesses to the deed which are William Barr and Andrew Bowman. Deeds are legal documents, so the witnesses on a deed have to be at
least 16 years old. Sometimes, the witnesses are family members or neighbors to the land.
The final important item in this deed states when the deed was approved and registered in the deed book. In the 1700s and 1800s all deeds were approved in
court. So the deeds are also listed in the Court Records or the Pleas and Quarter Sessions. This deed was proved in June Term 1812 and proven by William Barr,
one of the witnesses to the deed.
The last notation on the deed will be where the Register of Deeds records the deed in the deed books. In this case, it is Robert Williams, C.C. or Clerk of Court
recorded the deed.
I have plotted close to 700 deeds with a software program called Deed Mapper. If you want to learn more about Deed Mapper, please see the web page:
http://www.directlinesoftware.com/
| UNDERSTANDING A SIMPLE DEED FOR LAND By Judy Stanley Cardwell, judyscard@windstream.net |
Plots of land showing the Samuel Vest (12a1a) property and his sons, Charles Vest
(12a1b) and Obediah Vest (12a1c).
(12a1b) and Obediah Vest (12a1c).
Stokes Deed 5:433: Christian Lash to Samuel Vest
This Indenture made this eleventh day of May AD 1812 between Christian Lash of the County of Stokes of the
one part and Samuel Vest of said County of the other part Witnesseth, that for in consideration of the
sum of ninety dollars to him in hand paid by the said Samuel Vest, the receipt whereof is hereby acknowldg.
by the said Christian Lash, hath given Granted bargained and sold, and by these presents doth give
Grant bargain and sell unto the said Samuel Vest a certain tract or parcel of land, lying & being in
the county of Stokes on Lashes Branch, beginning at a stake and runs north twenty seven chains
and twenty eight links to Obediah Vests corner pointers, west fifty four chains to his corner black oak
south eight chains and fifteen links to Charles Vests corner dogwood bush, East on his line twenty chains
and fifty links to his Corner White oak, South thirteen chains and thirteen links to his corner hickory bush
East fifteen chains to his corner pointers, south six and a half chains to this corner birch on the said branch
and thence to the beginning Containing one hundred acres, be the same more or less. To have and to hold
to the said Samuel Vest his heirs and assigns forever: And the said Christian Lash for himself
and his heirs doth covenant and agree with the said Samuel Vest his heirs &c Shall and may forever
hereof hold occupy possess and Enjoy, peaceably and quietly, the said land and premises with all the
appurtenances rights, privileges in and improvements, without molestation of him the said Christian Lash
his heirs in any manner whatsoever, and the said Christian Lash Obliges himself his heirs Executors
or administrators or assigns and defend the said land and premises unto him the said Samuel
Vest his heirs and assigns forever. In Witness whereof the said Christian Lash hath hereunto set his
hand and seal the day and year first above written. Christian Lash SEAL
Signed and delivered before William Barr & Andrew Bowman
Stokes County June Term 1812. The execution of this was duly proven in open court by
William Barr and Ordered to be registered. Robt. Williams, C.C.
This Indenture made this eleventh day of May AD 1812 between Christian Lash of the County of Stokes of the
one part and Samuel Vest of said County of the other part Witnesseth, that for in consideration of the
sum of ninety dollars to him in hand paid by the said Samuel Vest, the receipt whereof is hereby acknowldg.
by the said Christian Lash, hath given Granted bargained and sold, and by these presents doth give
Grant bargain and sell unto the said Samuel Vest a certain tract or parcel of land, lying & being in
the county of Stokes on Lashes Branch, beginning at a stake and runs north twenty seven chains
and twenty eight links to Obediah Vests corner pointers, west fifty four chains to his corner black oak
south eight chains and fifteen links to Charles Vests corner dogwood bush, East on his line twenty chains
and fifty links to his Corner White oak, South thirteen chains and thirteen links to his corner hickory bush
East fifteen chains to his corner pointers, south six and a half chains to this corner birch on the said branch
and thence to the beginning Containing one hundred acres, be the same more or less. To have and to hold
to the said Samuel Vest his heirs and assigns forever: And the said Christian Lash for himself
and his heirs doth covenant and agree with the said Samuel Vest his heirs &c Shall and may forever
hereof hold occupy possess and Enjoy, peaceably and quietly, the said land and premises with all the
appurtenances rights, privileges in and improvements, without molestation of him the said Christian Lash
his heirs in any manner whatsoever, and the said Christian Lash Obliges himself his heirs Executors
or administrators or assigns and defend the said land and premises unto him the said Samuel
Vest his heirs and assigns forever. In Witness whereof the said Christian Lash hath hereunto set his
hand and seal the day and year first above written. Christian Lash SEAL
Signed and delivered before William Barr & Andrew Bowman
Stokes County June Term 1812. The execution of this was duly proven in open court by
William Barr and Ordered to be registered. Robt. Williams, C.C.
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