Deed to Samuel F. Whitney, 8 July 1838

  • Source Note
  • Historical Introduction

Document Transcript

Joseph Smith Jr. & Others To
To all people to whom these presents shall come Greeting: Know Ye that we Joseph Smith Jr. & his wife his wife Wm Miller, Phebe [Scott] Miller all of State— For the consideration of three thousand dollars to us in hand paid by — received to our full satisfaction of— the State of Ohio Co. of Geauga, township of — do remise release and forever unto the said to his heirs assigns— and to heirs and assigns forever, the following described Tract piece parcel, or Lot of land lying situate in the township of County of Geauga and the State of Ohio being in township number nine in the ninth Range of townships in the so called— being in Co— , being known by the farm deeded by & Sarah French his wife— deeded to Joseph Smith Jr. Wm Miller, which deed being dated the fifth day of October AD. one thousand Eight hundred & thirty six— To have and to hold the above granted and bargained premises with the appurtenances thereof unto him the said his heirs and assigns forever to his and their own proper use and behoof. So that neither they the said Joseph Smith Jr. & Firm nor— heirs nor any other person or persons claiming under them or their administrators or assigns Shall at any time hereafter by any ways or means have claim or demand any right or title to the aforesaid premises or appurtenances or any part thereof, In witness whereof we have hereunto set our hands and seals the Eighth day of July in the year of our Lord One thousand Eight hundred and thirty Eight—
Joseph Smith Jr Seal
Seal
Seal
Agnes M Smith Seal
William Miller Seal
Phebe Miller Seal
Signed Sealed and delivered in presence of
 
State of Missouri)
ss) July 8. A.D. 1838—
Personally appeared Joseph Smith Jr. and William Miller who acknowledged that they did sign and seal the foregoing instrument and that the same is their free act and deed I further certify that I did examine the said and Phebe Miller separate and apart from their said husbands and did then and there make known to them the contents of the foregoing instrument and upon that examination they declared that they did voluntarily sign seal and acknowledged the same and that they was still satisfied therewith
. President Judge of Court— [p. 491]
State of Missouri) ss.
County of )
I Clerk of the County Court within and for the aforesaid do certify that before whom the foregoing acknowledgment appears to have been taken is the presiding Judge of the Court duly authorized and commissioned according to Law In testimoney whereof I have hereunto set my hand and affixed the seal of said Court at this 9th. day of July 1838
seal
— Clerk
— Recorder
Received 25th. and Recorded 27th. of October A.D. 1838. [p. 492]

Footnotes

  1. 1

    TEXT: All instances of “Seal” enclosed in hand-drawn representations of seals.  

  2. 2

    This part of the deed released the dower rights the women legally had in the property after the deaths of their husbands. This release of rights required that the wives be questioned without their husbands present to ensure that the women understood the content of the deed and voluntarily accepted it. This procedure was followed in most instances in which a deed involved a married man. (An Act relating to Dower, [26 Jan. 1824], Statutes of Ohio, vol. 2, chap. 591, pp. 1314–1316; see also Mortgage to Peter French, 5 Oct. 1836.)  

    The Statutes of Ohio and of the Northwestern Territory, Adopted or Enacted from 1788 to 1833 Inclusive: Together with the Ordinance of 1787; the Constitutions of Ohio and of the United States, and Various Public Instruments and Acts of Congress: Illustrated by a Preliminary Sketch of the History of Ohio; Numerous References and Notes, and Copious Indexes. 3 vols. Edited by Salmon P. Chase. Cincinnati: Corey and Fairbank, 1833–1835.

  3. 3

    “President Judge” indicates Phelps held the highest judicial position in the county court. (An Act to Establish Courts of Record and Prescribe Their Powers and Duties [7 Mar. 1835], Revised Statutes of the State of Missouri [1835], p. 157, sec. 17.)  

    The Revised Statutes of the State of Missouri, Revised and Digested by the Eighth General Assembly, During the Years One Thousand Eight Hundred and Thirty-Four, and One Thousand Eight Hundred and Thirty-Five. Together with the Constitutions of Missouri and of the United States. 3rd ed. St. Louis: Chambers and Knapp, 1841.

  4. 4

    TEXT: “seal” written to left of text and enclosed in a hand-drawn representation of a seal.