Deed
Elizabeth Cozzart to Joshua M. Cozzart, Mahulda Cozzart Marlow, Wm. H. Marlow
Mother to son, to daughter & son-in-law
Registered March 6, 1854
Madison County Deed Book 17, pages 213-214
Madison County District 9.
In 1871 this area became Crockett County Civil District 1
Tennessee State Library & Archives:
Madison County, microfilm roll #9
Transcribed by Denise L. Cozart
July 2002
Background:
Though the registration date was penned as March 6th, 1853, the year written seems to be an error and should have been “1854.” The deed was agreed upon 2 February 1854. A different deed recorded just before this one on page 213 was dated 6 March 1854.
“Elizabeth Cozzart” signed with her mark the registration of the deed, which may mean she was illiterate or else unable to see or write. The double “z” spelling of the family name is reminiscent of the original “Cossart.”
In April 1850 Joshua Cozart had purchased this 184-acre tract from William Pillow of Maury County. It was registered in Madison County in May 1850.
A reference point in the deed below was “Nicholas Long.” His land was the starting point or boundary for these deeds: Samuel Lancaster to Anthony H. & F. L. Cozart, 1847-48; William Pillow to Joshua Cozart, 1850; Thornton E. Cozart to Anthony H. Cozart, 1852; Elizabeth Cozart to Joshua M. Cozart, etc., 1854. In a July 1870 deed in which Joshua’s heirs sold the land, we learned it was in Madison County District 9. (See Marlow deed of July 1870.)
Elizabeth Marsh Cozart was the widow of Joshua. Upon his death in 1851 she inherited this piece of land:
“I give and bequeath to my beloved wife Elizabeth Cozart, during her natural life or widowhood, my tract of land on which I now live and stock of all kinds on it or belonging to me; also my farming utensils, household and kitchen furniture; together with all my slaves except my slave – named Green.” [Joshua’s will]
Now in 1854 Elizabeth sells the land to two of her children and a son-in-law for a token amount of $20. The buyers are Joshua M. Cozart and Mahulda “Hulda” Cozart Marlow with her husband William H. Marlow. In his will, Joshua had written:
“After the decease of my beloved wife my tract of land to be equally divided by a North and South line between my son Joshua M. Cozart and my daughter Mahuldy Cozart. I also give and bequeath to my son Joshua M. Cozart my slaves – Hester and her son John. And likewise to my daughter Mahuldy my slave – Martha, also to her one hundred dollars to be paid over to her by Executors as soon as collected out of the cash notes now in my hands.”
Elizabeth was about 68 years old.
The land in this deed was measured in links, poles, and acres:
1 pole = 16 1/2 feet
1 link = 7.92 inches
1 mile = 320 poles = 5,280 feet
1 acre = 160 square poles = 43,560 square feet
1 square pole = 272 1/4 feet
640 acres = 1 square mile
Elizabeth Cozzart
To: J. M. Cozzart deed
Reg[istered] March 6th 1853 [1854]
all men by these presents that I Elizabeth Cozzart widow of Joshua Cozzart Decd [deceased], for in consideration of the natural love and affection I have and bear for my son Joshua M. Cozart and my daughter Hulda Marlow and son in law W. H. Marlow as well as for the Sum of Twenty dollars to me in hand paid by the said Joshua M. Cozzart and Hulda Marlow and William H. Marlow the Receipt where is Hereby acknowledged hath bargained and Sold unto the said Joshua M. Cozzart and Hulda Marlow and William H. Marlow and heirs and assigns forever all my rights and title in and to a certain tract or parcel of Land reserving on the said land the dwelling residence and all the Cleared Land making the plantation at the present date the afore land being given to me in the last Will and testament of Joshua Cozzart decd, with the hereditaments and appurtenances there to during my life time then at my deceased to be equally divided between the aforesaid Joshua M. Cozzart and Hulda Marlow formerly Hulda Cozart they being desirous and wishing to have a home on and divide the aforesaid Land for their several present advantages I hereby sell consign and deliver unto the Joshua M. Cozzart and Hulda Marlow and W. H. Marlow after making my … … in the Residence and plantation for my benefit and support during my natural life the aforesaid tract or parcel of Land which is Bordered and bounded as follows to wit. Beginning at the north East Corner of a tract of land of 923 acres granted to Nichols Long of which This is the Location interest thence South with the east boundary line of the same 150 poles and 17 Links to a plum bush hickory two post oak black oak pointers being the south east Corner of McKinney Longs lot thence West with his line passing George Longs Corner making in all 196 post to a stake two maples black oak and dogwood pointers, thence North 150 poles 17 links to a stake maple an black oak pointers in the North boundary of the original grant, thence East 196 poles to the Beginning making by Estimation 184 acres situated and lying and being in the County of Madison and the State of Tennessee my right to the Same being only my life time rights after making the … that I have made in the improvement the above mentioned land I here unto agree and bind myself to pay The State and County Tax and Rail Road tax and all other Tax expenses that may occur or be levied on the aforesaid land or cause the same to be paid by my tenants forever During my life time Right as reference to the above mentioned will will prove my right and claim I hereby deliver unto the said Joshua M. Cozzart and Hulda Marlow and W. H. Marlow to take as their possession the above named land to make such improvements on it as they may see proper or suitable to themselves without any interference or molestation forever as witness I hereunto set my hand and affix my seal this 2nd day of February 1854.
Signed and sealed in the presence of us
G. W. Williams
E. Stewart her
Elizabeth Cozzart seal
mark
State of Tennessee
Madison County
Personally appeared before me Thos. W. Gamewell Clerk of the County Court of said County bargainors to the foregoing G W Williams & E Stewart subscribing witnesses to the foregoing deed who after being first sworn depose and say that they are acquainted with Elisabeth Cozzart the written named bargain and that she acknowledged in their presence the execution of the within deed to be her act & deed for the purposes on the day it bears date Witness my hand at office March 1854
Tax paid
Thos. W. Gamewell clerk
By W. W. Gates Register
A very special thank you to Denise Cozart, who transcribed and contributed this document for use on this web site.