Deed
Gilbert Cozart to Susan Cozart and Children
Registered February 10, 1847
Madison County Deed Book 11, page 239
In 1871 this area became Crockett County Civil District 3.
Tennessee State Library & Archives:
Madison County, microfilm roll #6
Transcribed by Denise L. Cozart
July 2002
Background:
Return of land as a gift to his sister-in-law and nephews.
Around the end of 1846, William Davis Cozart died leaving Susana with a house full of little boys, the oldest only 10, the youngest 1 year. This piece of land near Cypress Creek adjoined relatives Madison Cozart. James Boals, and Kinchen Hathaway. William had bought it in 1838 and sold to his brother Gilbert in September 1844, presumably to provide financial relief to his family. After William’s death Gilbert returned it to William’s widow, Susana Boals Cozart, and her children on January 18, 1847.
Susana’s husband, William Davis Cozart, would have been about age 40 when he died; Susana only about 28. Her six children were: Robert William about age 10, Joshua James about 8, Gilbert about 6, Henderson about 4, Newton about 2, and Jasper about age 1. Grandfather Joshua was about 71, and brother-in-law Gilbert was about 41. These ages were calculated from the U.S. Census.
By the time of the1860 U.S. Census, Susana had remarried [widower Kinchen Hathaway], and father-in-law Joshua had died. William and Susana’s boys were growing up. Joshua James and Jasper went to live with Susana and Kinchen Hathaway. Robert “William” had married and lived next to Uncle Madison Cozart, likely in the family home in which he grew up. Henderson and Newton left to live with first cousin William Emmerson/Emmison and family. William was the son of Margaret Boals Emmerson/Emmison, sister of their mother, who lived on the next farm.
The Cozart boys did not come into their inheritance until after the Civil War. The three oldest sold the property in October 1865 for $2325 and in all likelihood divided the money among all the sons.
This land 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.
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
239 [page]
229
Gilbert Cozart
To: Deed 100 etc
Susan Cozart & others
Reg[istered] Feb 10th 1847
I Gilbert Cozart of the County of Madison State of Tennessee for the love and affection I entertain for my brother William D. Cozart’s wife and children to wit widow Susan Cozart, children, Robert W. Cozart, Joshua Cozart, Gilbert Cozart, Henderson Cozart, Newton Cozart & Jasper Cozart Children of Said William D. Cozart, and for the further consideration of the sum of one hundred and fifty dollars to me in hand paid by Joshua Cozart, the Grandfather of said children, I do hereby give transfer and convey to said widow and children, the said widow to use said land for his support and said children during his natural life or while she remains a widow, and at the hapening [sic.] of either event, the death or marriage, then the said following descendants listed to be equally divided among said children share and share alike, a certain tract or parcel of land situated lying and being in the County of Madison State of Tennessee it being a part of a 640 acre Survey Entered & granted to Frederick W. Huling, on the waters of Cypress Creek. Beginning at Madison Cozarts Northwest corner a black walnut three white oak pointers. Thence East 178 & 1/10 poles to a stake post oak and Black gum pointers. Thence North 89 1/2 poles to a stake Black oak and post oak pointers. Thence West 178 & 1/10 poles to a Stake Hickry [sic.] & post oak pointers. Thence South 89 1/2 poles to the Beginning. Containing 100 acres more or less.
To have and to hold the same to the same to the said parties of the second part and their heirs and assigns forever.
I do covenant and agree for myself & heirs to warrant and forever defend the title to the said tract of land to the said parties of the second part, their heirs and assigns forever against the lawful claims of all persons whatsoever this 18th day of January A.D. 1847.
Gilbert Cozart seal
State of Tennessee
Madison County
Personally appeared before me Thos. W. Gamewell clerk of the County Court of said County Gilbert Cozart the foregoing named bargainor with whom I am personally acquainted and who acknowledged that he executed the within deed for the purposes therein contained, witness my hand at office this 1st day of February 1847.
Rec[eived] the State Tax Thos. W. Gamewell clk
State of Tennessee
Madison County I Willie Langford Register of said County
do certify that the foregoing deed was filed with my office this day at
2 O’clock P.M. and noted in minute Book No. 2 Page 12
Witness my hand at office this 3rd day of February 1847.
W. Langford R.M.C.
A very special thank you to Denise Cozart, who transcribed and contributed this document for use on this web site.