I appreciate you all [and even though I lived in NC for a few years,
that's not a Southern 'you all'] contributing to the discussion.
It would be so much simpler if you could see the actual deed. This one
was mostly preprinted, with spaces left for names, dates, etc. There
was a big space to write in a description of the property boundries.
(I'm curious to see what surveyor CC Bruce Rupar thinks of the survey
directions. Or how many of us remember the definitions of rods and
perches.). There were small spaces too. For example, the word 'part'
was printed, followed by a small space, in which the clerk appended a
'y' or an 'ies' to make 'party' or 'parties', as needed.
The part about
the selling wife was preprinted. I suppose they crossed it out, or left
if blank if the seller was a man, a widow, or a 'spinster'.
I have another deed, from around that time, where Enoch. b. Campbell, as
executor of James' estate sells a farm to A. W. Lugg [Anthony Wayne Lugg
(1825 - 1897)], 1st cousin of Jame's wife, Mary Blackwell, and of
Joseph's wife, Ann Clinch.. It seems likely that Robert and Emily
inherited the property from his father, and already having a farm of his
own, Robert decided to sell the inheritence to David Kemp, who as you
point out, was "part of the family". If so, Emily would have had to
sign off, if she was named in James will.
Back to your point about Harriet. The form had no space for a buyer's
spouse. That would imply that it was then rare for a couple purchasing
property to "put it in both their names." The form was actually printed
in the 1850s, or maybe 1849. In the transcription, I failed to indicate
that the printed 'Fifty' had been crossed out and 'Sixty' written. To
the certainly mail lawyer drawing up the contract boiler plate, the idea
of anything like equality for women would have seemed as rediculous as
equality for Negroes. Perhaps someday in the far future for Irish
immigrants, but surely not something that far fetched. It was still
the days of The Rule of Thumb being part of common law. I. e. it was
illegal for a husband to beat his wife with a stick thicker than the
diameter of his thumb. As an enlightened modern man, I never use one
thicker than the diameter of my little finger.
How did I come to have the deed? I'm not sure. It may have been a box
of my mother's papers I found in my sister's storage space when the
latter moved to a nursing home. But it's more likely to have come from
a box of papers my late sister-in-law gave me a couple of years ago from
my brother's effects. So, that pushes the question back to how did my
mother or brother come to have it? I didn't know they did, so never had
a chance to ask. It's conceivable that someone gave it to my ggf, Rev.
Henry D. Goodrich, who did "circuit" preaching on Farmington Hill after
his stint at Nelson's Methodist church. But it's more likely that
someone gave it to my ggm, Phebe Campbell Hoyt, who collected lots of
family related things. Or possibly someone gave it to my gf,
store-keeper farmer, Joseph D. Hoyt. My best guess is that it came to
my mother, from her father, from his mother. On the other hand, my
brother was always scrounging in old antique stores and old book stores,
and conceivable found it there. We'll never know, but I'll put my money
on Phebe.
I rediscovered the deed when I moved a pile of papers I had long ago put
on a scanner for scanning -- before the attached computer died. I
finaly decided to see if I could attach the scanner to my new computer
(which is on a different floor) and back in service. Let's hope it works.
Bgmaus2(a)aol.com wrote:
Hi Bill -
Thanks from me, too, as David Kemp & his wife, Harriet Campbell Kemp, are my
g-great grandparents. It's interesting that they made a pretty big deal
about Emily being included in the sale, but nothing was mentioned about Harriet,
who was Robert's sister, buying the property with David. David just came
back from the Civil War that year, and they had three young children by then.
Also, Robert & Harriet's father, James, had died that year. Robert was James'
oldest son, and E B Campbell was the second oldest living son.
How did you happen to come across this deed?
Thanks again,
Betsy Gorman
In a message dated 8/7/2005 10:10:34 PM Eastern Standard Time,
bphillips542(a)earthlink.net writes:
Thanks for the transcription. I was really interested in this, as Robert &
Emily Sellen Campbell were my 2 great grandparents.
Betty
----- Original Message -----
From: "Bill Thompson" <bill.thompson(a)wtassoc.com>
To: <CAMPBELL-PA-NELSON-L(a)rootsweb.com>
Sent: Sunday, August 07, 2005 6:12 PM
Subject: [CaPaNe] Deed from Robt. & Emily Campbell to David Kemp
>Below is a transcription of a deed in my possession of land once owned by
>Joseph Campbell, presumably the 1748 - 1822 one, then his son, James, then
>his son, Robert Campbell, and Robert's wife, Emily Sellen/Sellon/Selling
>(take your pick) to David Kemp. Unfortunately, the signatures of them,
>Justice of the Peace A. W. Lugg, and witness E. B. Campbell all appear to
>be in the handwriting of the clerk -- who had great penmanship, but
>questionable spelling. Most of the document is a printed form, with blanks
>filled in for the information that varies sale to sale. The legalese is
>verbose, and shows why lawyers should never be allowed access to a
>thesaurus. But many of you may be interested because of your connections
>to the above names.
>
>Also of historic interest is the section at the end covering the
>procedures for obtaining a wife's signature on a legal document.
>* * *
>
>This Indenture, Made the Fourth Day of December, in the year of our Lord,
>one thousand eight hundred-Sixty five, between Robert Campbell and Emaly
>[sic] Campbell his wife of Nelson Tioga County Pennsylvania of the first
>part, and David Kemp of Farmington Township Tioga County Pennsylvania of
>the second, Witnesseth, That the said parties of the first part, for and
> in consideration of the sum of three thousand Dollars Lawful Money of the
>United States, to us in hand paid at or before the ensealing and delivery
>of these presents, the receipt whereof is hereby acknowledged, have
>granted, bargained, and sold, aliened, enfeoffed, released and confirmed,
>and by these presents do grant, bargain and sell, alien, enfeoff, release,
>convey, and confirm unto said party of the second part, his heirs and
>assigns forever, all that certain lot, tract, or parcel of land, situate
>in the Township , of Nelson, in the county of Tioga, State of Pennsylvania
>
>
>BEGGINNING at the South west Corner of a lot Deeded to James Campbell by
>Joseph Campbell & thence along the west line of said lot north 2 ½ degrees
>
>
>East 12.2 perches to the Road thence along the road South Six degrees East
>35 perches thence north 55 degrees East 15 & 8/10 perches thence North 45
>degrees East 10 & 6/10 perches thence along the north line of the Said
>Campbell lot South 85 Degrees East six perches thence S one degree West
>150 perches thence along the north line of a lot Contracted byte Bingham
>Estate to D. Preston north 87 degrees west 53 & 2/10 perches thence north
>85 degrees West 59 & 7/10 perches to the place of beginning Continuing 84
>& 2/10 acres with the usual allowance of Six per cent for Roads & be the
>same more or less
>
>
>[Here are pasted three one dollar stamps, issued by “U. S. INTER. REVENUE
>INLAND EXCHANGE”]
>
>
>Together with all and singular, the WAYS, WOODS, WATERS, WATER-COURSES,
>MINES, MINERALS, QUARRIES, RIGHTS, LIBERTIES, PRIVILEDES, HEREDITAMENTS
>AND APPURTENANCES whatsoever thereunto belonging, or in anywise
>appertaining and the reversions and remainders, rents, issues and profits
>thereof; and also all the estate, right, title, interest, property, claim
>or demand whatsoever, either in law or equity, of, in, to, and out of the
>same, and every part and parcel thereof, TO HAVE AND TO HOLD the said
>hereby premises, with the appurtenances, unto the said party of the said
> part, his heirs and assigns, forever. And the said parties of the first
>part, do forever [sic] heirs, executors and administrators, covenant,
>promise, grant and agree, to, and with the said party of the second part
>his heirs and assigns, that the above described premises, with the
>appurtenances unto the said party of the second part, his heirs and
>assigns, they will Warrant* and forever Defend* against all and every
>person or persons lawfully claiming or to claim the same, or any part
>thereof.
>
>IN WITNESS WHEREOF, the said parties to these presents, have hereunto set
>their hands and seals the day and year first written
>
>
>[the part below that is divided into 3 sections. The leftmost contains]
>
>
> SIGNED, SEALED, AND DELIVERED,
>
>Inn presence of
>
> A. W. Lugg
>
>E. B. Campbell
>
>[the middle part contains]
>
>TIOGA COUNTY, SS,
>
>Before the subscribed a Justice of the Peace in and for said county,
>personally came Robert Campbell and Emly [sic] Campbell his wife, and
> acknowledged the forgoing to be their act and deed, and desired the same
>might be recorded as such. She, the said Emly Campbell being of full age,
>and having been examined by me, separate and apart from her husband, the
>contents having been by me made known to her, did declare that she
>executed the same without any coercion or compulsion on the part of her
>said husband. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal
>the fowerth [sic], day of December A.D., one thousand eight hundred and
>Sixty five
>
>A. W. Lugg, JP
>
>
>[right part has two signatures, but all handwriting appears to be by the
>same person. A seal is embossed below the signatures]
>
>Robert Campbell
>
>Emily Campbell
>
>
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