Deed
Frederick W. Huling to George Allen
Registered March 19, 1838
Madison County Deed Book 6, pages 27-28
In 1871 this area became Crockett County Civil District 3.
Tennessee State Library & Archives
Madison County microfilm roll #3
Transcribed by Denise L. Cozart
July 2002
Background:
Originally most of Tennessee was Indian land.
Counties were not organized in West Tennessee until the 1820’s.
The pioneer who secured the initial land grant in Madison County for a particular tract of 640 acres along Cypress Creek was Frederick W. Huling of Marshall County, Mississippi. Marshall County is south of Madison County, just over the Tennessee-Mississippi border. During January-March 1838 he sold the land in smaller parcels.
Three buyers were William Davis Cozart (100 acres) and two of his brothers-in-law: George Allen (100 acres) and James Boals (200 acres). They registered their deeds on the same day and witnessed for each other.
There followed a sale and registration in January 1839, for 154 acres to Kinchen Hathaway, the spouse of Jane Cozart. (Deed Book 6, page 305)
Allen-Boals-Cozart-Hathaway in-laws owned almost all of the 640-acre tract, one square mile.
Later in 1838 George Allen sold half, 50 acres, to brother-in-law, Madison Cozart. In 1842 Allen sold the remaining 50 acres to Madison. The deeds were registered December 28, 1838 and April 16, 1842.
This property was in Madison County, 10th Surveyor’s District, 18th Civil District, near the waters of Cypress Creek. In 1871 this area became Crockett County, Civil District 3. Gadsden was the big town of the district.
This tract seemed to have been “formerly Brands.” See deed of James Boals of same date. The reference to “Brands” or “Brants” also appeared in deed to William Davis Cozart (March 1838) and to Joshua M. Cozart (1853).
The land in this deed was measured in poles and acres:
1 pole = 16 1/2 feet
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
27F W Huling
To: Deed 100 acres
George Allen
Reg[istered] 19th March 1838
This Indenture made this 26th day of Jany 1838 between James Huling attorney in fact for Frederick W. Huling of the County of Marshall & State of Mississippi of the one part, and George Allen of the county of Madison & State of Tennessee of the other part. Witnesseth that the Said James Huling attorney in fact for the Said F W Huling in hand paid or Secured to be paid before the ensealing & delivering these presents the receipt whereof is hereby acknowledged hath bargained Sold & doth hereby bargain Sell alien & convey unto the Said George Allen a certain tract or parcel of land lying in the aforesaid county of Madison & State of Tennessee being part of a 640 acre Survey Entered & granted to the Said F W Huling in the aforesaid county of Madison on the waters of cypress creek. Beginning at the South east corner of Said 640 acre Survey on a black gum, running thence East one hundred Seventy eight & 8/10 poles to a Stake two white oak & dogwood pointers Thence north 89 1/2 poles to a Stake post oak & black gum pointers, thence west 178 8/10 poles to a black walnut & three white oak pointers, thence South to the Beginning containing one hundred acres according to Survey made Jany 23rd 1837 by Asa B. Midyett To have and to hold the above described tract or parcel of land unto the Said George Allen his heirs & assigns forever to his & their only proper use & behoof and the Said James Huling as attorney in fact for the aforesaid F W Huling doth hereby covenant & agree to and with the aforesaid George Allen the title of the above tract of land he will forever warrant & defend unto him the Said George Allen & his heirs & assigns against the lawful claim or claims of all persons or manner of persons whatsoever In Testimony whereof I the Said James Huling as attorney in fact for the aforesaid F W Huling hath hereunto Set my hand & Seal the day and date above written.
In Presence of us
William Boals Jas Huling seal
William D Cozart For F W Huling
State of Tennessee
Madison County
Personally appeared before me Montgomery B Stewart clerk of the county court of Said county William Boals & William D Cozart Subscribing witnesses to the within named Deed who being first Sworn depose and Say that they are acquainted with Jas Huling and that he acknowledged the Same in their presence to be his act and deed as attorney in fact for F W Huling upon the day it bears date Witness my hand at office the 17th day of March 1838 M B Stewart
I certify that I Recd the State Tax on this deed 17 March 1838
M B Stewart
A very special thank you to Denise Cozart, who transcribed and contributed this document for use on this web site.