As you research in different locations, do you ever make assumptions about the records in the new area based on your previous research experiences? That would be me when it comes to working with land records!
Over the years, I’ve used a lot of deeds for the sale of land to help separate men of the same name due to the wife’s signature on the deed. As I was reviewing the records for my 3rd great grandfather, Alexander Briles, I came across a deed where he purchased land in Randolph County, North Carolina from a John Briles. I’m sure that when I first encountered this deed, I assumed that the grantor, John Briles, was the father of Alexander Briles.
However, as I transcribed this deed, I realized that a second John Briles was a witness to the deed. And, I realized that the deed did not contain a signature or dower release for the wife of John Briles. Trying to figure out who these two men are, I first looked in my file to see how many potential ‘John Briles’ I had in my file. I found that I only have two John Briles who would have been old enough to own land in 1838. One was the father of Alexander and the other was his brother. Records indicate that both were married at the time Alexander Briles purchased land from John Briles.
A check of the 1840 census for Randolph County, North Carolina only shows two men named John Briles living in Randolph County, NC.
A study of the census image shows both households containing females old enough to be a wife. The image also shows the Alexander Briles listed on the same page as the two John Briles.
Thus, I’m fairly certain Alexander Briles bought land from either his father or his brother. Since the deed referenced the person who sold the land to John Briles, I looked up that deed – and again noticed the lack of a wife’s signature on the deed or the release of dower. Glancing at a few other deeds, I couldn’t find any with a wife’s signature.
That’s when I remembered how Judy Russell encourages us to know the laws in the areas we are researching. A quick Google search came up with the answer spelled out on a North Carolina GenWeb site. On the site, Kathy Gunter Sullivan, CG answers the question, “What are DOWER rights and what rights did a widow have in regard to inheritance?”
A wife’s right to one-third of her husband’s land became effective only at his death,
he could sell any and all of the property
Thus, at the time of these land transactions, the wife had no say as to whether the land was sold and thus was not included as a signatory on the deed. This will make it difficult to figure out which John sold the land and which John witnessed the deed!
Alexander Briles Land Purchase
Randolph County, North Carolina
Deeds, v. 19-21 1831-1939
Film 19637 DGS 7517640Image 728 of 847
page 316This indenture made this twenty fourth of April
in the year of our Lord one thousand eight hundred
and thirty eight between John Briles of this
County of Randolph and State of North Carolina
of the one part and Alexander Briles of the
county and state aforesaid of the other part
Witnesseth that for and in consideration of the
sum of five hundred dollars to him in hand
paid by the said Alexander Briles the receipt
whereof is hereby acknowledged hath granted
bargained and by these presents doth grant bargain
and sell allien and confirm unto the said
Alexander Briles a certain piece of parcel
of land lying and being in the County
and State aforesaid on the waters of Little
Carraway – Beginning at a black oak and
running East 146 poles to a post oak thence south
twenty six degrees East 160 poles to a pine thence south
53 poles to a black oak at the main road thence
south 40 degrees west along the main road
Crossing the creek ninety two poles to a Spanish
oak thence west 65 poles to a hickory thence
south 10 poles Spanish oak thence west 20
poles to a hickory thence south 8 poles to a white
oak thence west 60 poles to a gum thence north
260 poles to the beginning the whole 240 acres
be the same more or less it being a tract of land
purchased form Izra Dorsett by the said John
Briles together with all the appurtenancespage 317 – image 729
here unto belonging or in anywise
appurtaining to have and to hold unto
the said Alexander Briles his heirs and assigns
forever and the aforesaid John Briles doth
hereby bind myself my heirs extrs & adminis
trtors to warrant and defend the above bounded
premises unto the said Alexander Briles his
heirs and assigns shall and will warrant
and defend by these presents In witness
whereof the said John Briles doth hereunto
set his hand and affixed his seal the day &
year above written
John Briles (seal)
Signed sealed and delivered in presence of
John Briles
Solomon BrilesState of North Carolina
Randolph County
Court of Pleas & quarter sessions
May Term 1838
The execution of this deed was duly acknowledged
in open court & ordered to be registered
Hugh McCain Clck
John Briles Land Purchase
Randolph County, North Carolina
Deeds, v. 19-21 1831-1939
Film 19637 DGS 7517640page 96 – image 340
This Indenture made the twenty fourth of February
in the year of our Lord one thousand eight hundred
and thirty four between Ezra Dorset of the County of
Randolph and State of North Caroline of the one part
and John Briles of the County and state aforesaid
of the other part witnesseth that for and in considerationpage 97
of the sum of four hundred dollars to him
in hand paid by the said John Briles the receipt
whereof is hereby acknowledged by the said Ezra
Dorset and hath this day bargained and sold and
delivered unto the said John Briles a certain tract
or parcel of land lying and being on the waters of
Little Carraway – Beginning at a black oak &
runs east 146 poles to a post oak thence south
26 east 160 poles to a pine thence south
53 poles to a black oak at the main road then
south 40 degrees west along the main road x
the creek to a spanish oak 92 poles thence
west 65 poles to a hickory then south 10 poles
to a spanish oak then west 20 poles to a
hickory then south 8 poles to a white oak
then west 60 poles to a gum then north 260
to the place of Beginning in all 240 acres be
the same more or less together with all woods
wasy waters [mines] minerals and appurtenances
to the said land belonging or appurtating to the
said John Briles his heirs and assigns forever &
and the said Ezra Dorsett doth hereby warrant
and defend the title to the said land and tenement
with the appurtenances to the said John Briles
his heirs and assigns forever against any other
person or persons whatsoever – In witness whereof
the said Ezra Dorset hath hereunto set his hand
and affixed his seal the day and year first above
written – Ezra (his mark) Dorsett seal)
Signed Sealed & Delivered in presence of
Azial Rusuh
Julias GregsonState of North Carolina
Randolph County
Court of Pleas 7 quarter sessions
May term 1835
The execution of this deed was dully proven in
open court by Azial Rush & order to be registered
Hugh McCain CCC
Using Deed Mapper, I created a plot of these two pieces of land on the waters of the Little Caraway. The plot on the left is from the Alexander’s purchase and the plot on the right is from John’s purchase.
used the same technique and ran into a similar issue (in MD). Using tax records, and deeds I chased down a John Watts who had a son by the same name plus there was a grandson with the same name plus the name is not uncommon. Anyway, the original John was selling land, MD law at the time required a dowery release but the wife was not the one I expected. Did the original wife die and he remarried? Is it his son? I can not find any wills, or deeds with her again. I’m guessing now it is the original wife but her middle name. Either way it is still an open question. Good technique regardless
Yes, that it different that other states where the wife always signs the deeds because of dower rights. Good to know it is not consistent across the board.
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