Thursday, August 30, 2012

Deed: Tenth District, Third Section, Murray

(Deed transactions between Calloway and Leach): Sometimes when I look at old deeds and records, I can't read between the lines to know the full story. I don't have the expertise to know all about the different types of deeds: transfer, easement, etcetera. One of my notes is a brief extract of a transaction that took place in Murray County on the eve of the Civil War. It is a trustee situation--yet the parties seem to deed the same amount to each other. Maybe one of my readers can help with the 'legalese' on this one. If I extracted correctly, here's the data:

On 7 May 1862, Thomas H. Calloway makes a deed to Thomas Leach, of lots 46, 47, 48, 49, 60, 61, 84, and 85 in the tenth district, third section, of Murray County. [Rf.: Deed Book L, page 104, Murray County, Georgia]. $20,000 paid to Calloway. I didn't make a note as to type of deed--it's probably a property deed, since I have no note to say otherwise.

On the same date, there is a deed from Thomas Leach to Thomas H. Calloway--Trustee, of lots 46, 47, 48, 49, 60, 61, 84, and 85 (same lots, same district and section as above). Then my note says $20,000 paid to Leach, "for the sole and separate use and maintenance of Mrs. Cornelia F. Waterhouse the wife of Euclid Waterhouse during her natural life not subject to her husband's debts or liabilities of any character whatever..." At her death, it is to be settled/executed at her direction.

I understand that someone can be a trustee, but am not sure why Leach would pay $20,000 to Calloway, then Calloway would pay the same amount to Leach--or did I misunderstand and extract it incorrectly? Do they just go through the legal motions so that the other person is legally responsible, to prevent malfeasance? Or maybe it means $20,000 of land from one, in receipt of which $20,000 in cash was paid to the other, for the support of Mrs. Waterhouse? I may even have a mistake in my extract. Also, the fact that this happened in 1862 made me wonder if the transaction was war related.

Note: Thomas Leach is probably Dr. Leach--at least, I've concluded that he is the same as the physician who attended Jacob Headrick (Jr.) of Cohutta Springs (west 10th/3rd--Waterhouse area), after the Civil War.

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