Monday, June 16, 2014

The Conders Sell their Farm

Long time readers will know about the Cane Creek Massacre and my fascination with the fate of the survivors. Today's tidbit is no different. It comes from the Lewis County Land Deed Book. In 1898, after living in neighboring Perry County for several years, Brother & Sister Conder finally sold their farm on Cane Creek - yes, the one where the shooting happened - to Tom Talley. I already knew Tom had purchased the land. He was the owner who gave permission for the LDS Church to place a stone marker on the grave of Riley and Martin in 1934. But I didn't know when until now

But the Deed Book record told me a little more than just when it was sold. It gave me evidence for the size of the farm. The record estimates 166 acres. It also hinted that there was a more complex deal involved. Reuben Mathis, the member of the mob who saved Elder Jones' life, had timber rights. The deed specified when those rights would end. I clearly don't know much about the legal language used here. I might be able to figure out some of the illegible words if I did. But I think we will understand the general meaning.

For and in consideration of the sum of two hundred dollars – one hundred and fifty-five dollars in hand paid and forty five dollars to be paid January 1st 1900 – for which a note is this day [executed].
[?] W. J. Conder and his wife Malinda Conder have this day long arrived sold and [conveyed] to Thomas Talley his heirs and assigns forever a certain tract or parcel of land lying and being in 3rd civil district of Lewis County on the [waters] of Cane Creek and bounded as follows –
Beginning in the south boundary line of [Entry] No. 188 for 200 acres in the name of Brantly Hutson – 38 ¼ poles west of the south east corner thence west 194 ½ poles to a stake north 127 poles to a stake thence east  - 194 ½ poles to a stake thence south 127 poles to the beginning containing by estimates 166 acres more or less.
The east prong of Cane Creek runs through said land. All the land on the south side of this creek is included in this deed and all on the north side is now owned by Andrew Edward – to have and to hold to the said Thomas Talley his heirs and assigns forever and I [covenant] with said Talley that I am lawfully [seized] of said land and have a good right to [convey] the same and I covenant to warrant and defend the title to the same against the lawfully claims of all persons [whosoever] . But this is understood that Reuben Mathis is to have all the [stove bolts] and [cross ties] timber on said land and is to have until March 1900 to remove said timber from said land.
Witness our hand August 20 1898.

W. Armstrong                                                     William [x] J. Conder
State of Tennessee                                               Malinda [x] Conder
Lewis County


Mark Butler said...

If you post a photo of the deed, or email one to me, I'd be happy to try to decipher some of the legal terms.

Even without seeing it, I can take a stab at some of the unknowns:

sold and [conveyed]--maybe

I [covenant] with said Talley

lawfully [seized] of said land

good right to [convey or transfer or some more ancient word meaning the same which isn't coming to mind right now]

claims of all persons [forever]

I've got no idea what the words are which he used to describe the timber rights reserved to Reuben Mathis.

BruceCrow said...

conveyed - that looks right
seized - that too
covenant - yes

I'll send you the image an see if the other make more sense to you.