Amanuensis Monday - Deed - Luther Cary to Uri Beach 1819

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 have transcribed the deed in which Luther Cary, one of my maternal 4^th great-grandfathers, sold 24.75 acres of land in Madison County, Ohio, to Uri Beach, for $297.00 (equal to $12 per acre). The document was witnessed by Nahum King, a local official, and Ephraim Cary, Luther’s son and my 3^rd great-grandfather. It is interesting to note that neither Luther nor his wife Cary used a mark—it appears that both actually signed their names.

I attempted to plot the parcel using the DeedMapper software but had some issues with the land description; however, I think the parcel was shaped something like this:

“Recorders Office July 23^d 1819

Luther Cary)

Deed To          )

Uri Beach        )

This Indenture made the second day of June Anno dominino one thousand eight hundred and nineteen betwe[e]n Luther Cary of the first part and Uri Beach of the second part both of Madison County and State of Ohio Witnesseth that the said Luther Cary of the first part for an in consideration of the sum of two hundred and ninety seven dollars to him in hand paid by the said Uri Beach before the signing sealing and delivery of these presents the receipt whare of is hereby acknowledged do grant bargain sell and confirm unto the said Uri Beach his heirs executors administrators and assigns forever twenty four acres and three fourths of an acre of land on the west side of Darby Creek in the County of Madison aforesaid it being a part of a tract entered and originally made in the name of Robert Rays No. 4276. conveyed by warranttee deed by Lucas Sullivant to said Luther Cary which twenty four and three fourth acres of land is bounded as follows Begining at a small white oak and buckeye southwest corner to said Carys survey on the creek. thence N.11.W.38. poles to a stake. thence N.68.E.16 poles thence N.88.E.22. poles. thence south 70.E.22. poles. thence N48.E44 poles thence N.68.E.16. poles. thence thence thirty five 8 1/2 poles. thence S.38.e.31 1/2.poles to a honey locust thence S.68.W.142. to the Begining together with all the improvements and appurtenances right and profits whatsoever to the said premises belong thare unto appertaining and the aversions[?] remainders and profits thare of and all the estate right and title in trust property claim and demand of him the said Luther Cary in and and to the same to have and to hold the land hereby conveyd with an singular the premises and every part and parcel thairof ^{with the} apurtenances as aforesaid and the said Luther Cary for himself his heirs executors and administrators by these presents d[o] hereby promise and agree to and with the said Uri Beach that the premises beforementioned now and ^and forever hereafter shall remain free of and clear from all former and other gifts grants bargains sales dower right and title of dower changes and incumbrances whatever done or suffered to be done by or through him and the said Luther Cary by these presents doth promise and agree that he will forever warrant and defend the right and title of the aforesaid premises and appurtenances as aforesaid to the said Uri Beach his heirs executors and administrators and assigns against the claims of all and every person or persons whatever claiming the same In testimony whareof the said Luther Cary hath hereunto set his hand and seal the day and year above written in presence of us

Nahum King                                       Luther Cary {seal}

Ephraim Cary                                      Rhoda Cary {seal}

The State of Ohio Madison County. SS.

            Personally appeared Luther Cary and Rhoda his wife signors and sealers of the foregoing instrument and each and severly acknowledged the same to be their full act and deed. before me given under my hand this the second day of June. AD. 1819

                                                                        Nahum King  {seal}

                                                                        Justice of the Peace”

 [Source: Madison County, Ohio, Deed Books 1810-1922, 4: 120, Luther Cary to Uri Beach, 23 Jul 1819; FHL microfilm 522,904.]

© 2011 Denise Spurlock