Deed
James Boals to Peyton Marlow
Registered August 28, 1849
Madison County Deed Book 12; pages 601-602
In 1871 this area became Crockett County Civil District 3.
Tennessee State Library & Archives:
Madison County microfilm roll #6
Transcribed by Denise L. Cozart
May 2002
Background:
The seller of this tract, James Boals, was the brother of Susana Boals Cozart Hathaway, widow of William Davis Cozart and wife of Kinchen Hathaway.
The same day James Boals purchased a 200-acre tract in 1838, William Davis Cozart and George Allen bought adjoining lands. All were brothers-in-law. George Allen sold his property to another brother-in-law, Madison Cozart — 50 acres in 1838 (registered December 28, 1838, in Deed Book 6, pages 277-278) and 50 in 1842 (April 12, 1842; registered April 16, 1842, in Deed Book 8, page 222).
Now in August 1849 James Boals was selling 140 of the 200 acres. He would be 48 on September 13, 1849. Peyton Marlow was about 62. His daughter Emily already had married Madison Cozart in 1847. This tract adjoined Madison’s.
William H. Marlow would marry Mahulda Cozart in 1852; Julia Marlow would marry Joshua M. Cozart in 1858.
One of the witnesses was James Emison [also spelled “Emmerson,” “Emmison,” etc.] He was born 1821, the son of Margaret “Peggy” Boals, the sister of James Boals; thus his nephew.
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. We know the civil district, because it was stated on the 1865 deed of Cozart to Spraggins for adjoining tract William Davis Cozart bought in 1838.
The land in this deed was measured in 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
610
James Boals
To: Deed for 140 acres [part of original 200 acres on deed of 1838]
Peyton Marlow
This Indenture made and entered into this 10th day of August in the year of our Lord, one thousand, eight hundred and forty-nine, between Jas Boals of the County of Madison and the State of Tennessee, on the one part, and Peyton Marlow of the said County of Madison and State of Tennessee of the other part: Witnesseth that the said James Boals, for and in consideration of the sum of four hundred and twenty dollars [Boals paid $300 for 200 acres in 1838] to him in hand paid by the said Peyton Marlow, the receipt whereof is hereby acknowledged, hat granted, bargained, sold, aliened, conveyed and confirmed, and do by these presents grant, bargain, sell, alien, convey and confirm unto the said Peyton Marlow and his heirs and assigns forever, a certain tract or parcel of land situated, lying and being in the said County and State aforesaid, being a part of a 200 acre tract, purchased by said Boals from F. W. Huling, and bounded as follows, to wit: Beginning at South East corner of George Allen’s 100 acre tract [by this time George Allen had sold tract to Madison Cozart], at a stake, thence North 156 1/2 poles to a stake [223 1/2 poles in 1838] with hickory, black oak and black gum pointers, in G. Cozart’s line [Gilbert owned Wm. Davis Cozart’s plot for a while], thence East 143 1/2 poles to a stake, two black and one white oak pointers, thence South 156 1/2 poles to the South East corner of the original 640 acre tract, entered in the name of said Huling, thence West 143 poles to the beginning [1838 deed had South 223 1/2 poles to SE corner then west with the line to beginning], containing 140 acres, same more or less, with all and singular the hereditaments and appurtenances there unto belonging, or in any wise appertaining to the only proper use, benefit and behoof of him the said Peyton Marlow and his heirs and assigns forever. And the said James Boals doth further agree and bind himself, his heirs &c.; [etc.] to warrant and will forever defend the title of said Land to said Marlow, his heirs &c.; [etc.] against the claim or claims of all and any person whatsoever.
In witness whereof the said Boals hath set his hand and seal, date above written.
James Boals seal
Signed, sealed, and delivered
In presence of us —
Jesse Faulkner
James Emison [nephew of James Boals]
State of Tennessee
Madison County
Personally appeared before me, Thomas W. Gamewell, Clerk of the County Court of said County, Jesse Faulkner and James Emison, subscribing witnesses to the foregoing Deed, who being first sworn, … and say that they are acquainted with James Boals, the foregoing bargainor and that he acknowledged the same in their presence to be his act and Deed of on the day it bears date. Witness my hand at office, this 10th day of August, 1849.
Thos. W. Gamewell, Clk.
Recd. The State Tax.
Thos. W. Gamewell, clk.
State of Tennessee
Madison County
I, William W. Gates, Register of said County, do certify that the foregoing Deed and Clerk’s certificate thereon was filed in my office this day about 10 O’clock A.M. and noted in Minute Book No. 2, page 63.
Witness my hand at office this 28th day of August, 1849.
W. W. Gates
A very special thank you to Denise Cozart, who transcribed and contributed this document for use on this web site.