Monday, December 19, 2011

Amanuensis Monday - 1826 Deed - Luther Cary to Abijah Cary

On his TransylvanianDutch blog, John Newmark defines an amanuensis as “a person employed to write out what another dictates or to copy what has been written by another.” For more information about this daily blogging prompt, see John’s post Amanuensis – Why?.

I have amassed quite a collection of scans of handwritten documents related to my ancestors—primarily marriage records, deeds, and wills. As I have been transcribing these documents, it occurred to me that most of these documents were not actually written by my ancestors, but rather dictated to someone else, and then transcribed by a clerk into official records.

This week I am beginning a series of several transcriptions of deeds of property to my 3rd great-granduncle Abijah Cary of Madison County, Ohio. This first deed represents Abijah’s purchase of 71.5 acres of land from his father Luther Cary (one of my maternal 4th great-grandfathers). The sale took place on 1 November 1826, but was not recorded until 16 February 1831. A rough map of the parcel appears to the right.

 “Luther Cary      )
Deed to               )
Abijah Cary.       ) 
Recorders Office February 16 1831This Indenture, made this first day of November in the year of our Lord Eighteen hundred and twenty-six Between Luther Cary of the first part and Abijah Cary of the second part, both of Madison County and State of Ohio. Witnesseth that the said Luther Cary for and in consideration of the sum of six hundred dollars current money of the United States of America to him the said Luther in hand paid the receipt whereof he hereby acknowledges and forever acquit and descharge the said Abijah Cary his heirs executors and administrators has, granted, sold, bargain, aliened and confirmed and by these presents doth grant. bargain. Sell alein and confirm unto the said Abijah Cary his heirs and assigns forever all that tract or parcel of Land lying and being situate in the County of Madison and State of Ohio. and bounded as follows. Beginning at two hackberries on the bank of Darby Creek, lower corner to Lucas Sullivants survey. No 3240. Thence south 53 W 109 poles to four bur oaks from one root corner to James Johnstons Survey No 7823 Thence S6W.100 poles to a Stake: thence north 68E7 poles to a Small hickory. Thence N88.E22 poles to a stake: thence S70oE8 poles to a stake: Thence S68E39 1/3 poles to a stake on the bank of the Creek Thence up the creek with its meanders N27W54 poles: Thence N19E48 poles: Thence N15W16 poles: thence N22W17 poles to the beginning containing Seventy one and one half acres. be the same more or less: To have and to hold the above premises with all the privileges and appurtenances thereunto belonging, or in any wise appertaining unto him, the said Abijah Cary, and unto his heirs and assigns forever. And the said Luther Cary, doth Covenant and promis to and with the said Abijah Cary and his heirs and assigns, that he will Warrant and truly defend the premises aforesaid unto the said Abijah Cary and to his heirs and assigns forever gainst the lawful claims of any and all persons whomsoever.In Testimony whereof, the said Luther Cary, has hereunto set his hand and affixt his seal this first day of November 1826.Signed Sealed, and delivered in presence of.
Ira Finch                                                 Luther Cary {seal}
James Guy.                                             Rhoda Cary {seal} 
The State of Ohio. Madison County SS.
Personally appeared before me the subscriber one of the acting Justices of the peace for said County, the within named Luther Cary who acknowledged that he did voluntarily sign. seal. and deliver the within deed of conveyance for the purposes therein expressed. also personally appeared before me the said Rhoda Cary wife of the said Luther Cary and being examined seperate and apart from her said husband, acknowledged the within deed of conveyance to be her voluntary act and deed and that she executed the same without the threat coercion or persuation of her said husband and freely relinquish her right of dower to the premises within mentioned and desire that the same may be addmitted to Record.
Given under My hand. the Third day of November. AD 1826                                                        Nahum King Justice of the Peace”
Source: Madison County, Ohio, Deed Books 1810-1922, 7: 174,
deed from Luther Cary to Abijah Cary, 16 Feb 1831; FHL microfilm 522,905.

© 2011 Denise Spurlock

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