Division of Lands
Joshua M. Cozart, Wm. H. Marlow and Mahulda Marlow
Registered 29th July 1856
Madison County Deed Book 18, pages 584-585
Madison County District 9.
In 1871 this area became Crockett County District 1.
Tennessee State Library & Archives:
Madison County, microfilm roll #9
Transcribed by Denise L. Cozart
July 2002
Background:
This land was deeded by Elizabeth Cozart to her children and son-in-law in February 1854. It was to be divided by a north-south line between the two parties; (1) Joshua M. and (2) Mahulda-Wm. H. Marlow. This was done in March 1854, but not registered until July 1856.
In April 1850 Joshua Cozart, husband of Elizabeth, 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.
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
Joshua M Cozart,
H Marlow and
Mahulda Marlow
Division of Lands
29th July 1856
Indenture made and entered into this the 1st day of March in the year of our Lord, one thousand eight hundred and fifty four, between Joshua M. Cozart of the one part and W. H. Marlow [&] Hulda Marlow of the second part, both parties of the county of Madison and State of Tennessee, witnesseth that the above named parties have this day by mutual agreement made and entered into, by Joshua M. Cozart of the part, and W. H. Marlow and Hulda Marlow, formerly Hulda Cozart, of the other part, have made a Division in a certain Tract or parcel of land situated being in the County of Madison and State of Tennessee and District 9. The above named land, being left and given to Elizabeth Cozart during her life time, in the last will and testament of Joshua Cozart Deceased, for her to have and to hold the same during her natural life, then at her decease to be equally divided between Joshua M. Cozart and Hulda Cozart, who is now represented as Hulda Marlow. Now the Elizabeth Cozart the widow of Joshua Cozart Deceased, having disposed of her life time right to the above named parties, they have hereby made a Division in the Tract of land, which is butted and bound as follows to wit. Beginning at the north east corner of a Tract of land of 925 acres granted to Nicholas Long of which this is the Location interest, thence running south with the east boundary line of the same 150 acres and 17 links, to plum bush, hickory & two post oak & black pointers, thence west 196 poles to a stake two maples, Black oak, and dogwood pointers, thence north 150 poles and 17 links, maple and black oak pointers in the north boundary line of the Original grant, thence East 196 poles to the beginning corner, making by Estimation 184 acres.
Witnesseth the Division is as follows to wit. Beginning at the north west corner of said 184 acres at a stake maple and black oak pointers, thence south one hundred fifty poles, 417 links to a stake, two maples & black oak & dogwood pointers, thence east 98 poles to a stake with poplar pointers, thence north 75 poles and 9 links to a black oak corner, and white oak pointers, thence east 30 poles to a stake with dogwood & plum bush pointers, thence north 75 poles & 8 links to a stake with post oak and black oak pointers, making by estimation one hundred and six acres, to the aforesaid Joshua M. Cozart to have and to hold against all other rights and Claims. Thence beginning at a plum bush, hickory & two post oak & black oak pointers, thence west 98 poles to a stake with poplar pointers, thence north 75 poles and 9 links to a black oak with white oak pointers, thence East 30 poles to a stake dogwood, and plum pointers, Thence north to a stake with post oak and black oak pointers, thence East 68 poles to a stake, the beginning corner of the Original Tract, thence south 150 poles, and 17 links to the beginning corner, making by estimation Seventy eight acres to the aforesaid W. H. Marlow and Hulda Marlow to have and to [hold] against all other rights and Claims, their heirs and assigns forever.
Witnesseth that the said Joshua M. Cozart, having received by mutual agreement the amount of fourteen acres more than an equal share as was set forth to be divided in the aforesaid will, and for that consideration the said Joshua M. Cozart, pays or secures to be paid unto the said W. H. Marlow and Hulda Marlow the acknowledged sum of Two hundred and five dollars, to be in the following payments, to wit One note of hand the amount of Sixty two dollars and twenty two cents, with interest from the first day of January 1853. One note of thirty eight dollars and Eighty nine Cents with Interest from the 1st day of January 1854. One note of hand for thirty Eight dollars and Eighty nine cents due the Twenty fifth day of December 1854, and one note for Sixty five dollars to be paid at the Decease of Elizabeth Cozart the widow of Joshua Cozart Deceased, these notes as to make the part or parcel of land going to W. H. Marlow and Hulda Marlow equal with the part or parcel of land that is going to the said Joshua M. Cozart. Now the Division being fully described and set forth in the above obligation, we mutually agree, and limit ourselves, set our hands and affix seals, with the day and date above.
Joshua M. Cozart seal
W. H. Marlow seal
Mahuldah Marlow seal
State of Tennessee
Madison County
Personally appeared before me Thos. W. Gamewell Clerk of the County Court of said County one of the foregoing bargainors W. H. Marlow with whom I am personally acquainted and who acknowledged that he executed the foregoing deed for the purposes therein contained. Witness my hand at office this 1st day of February 1855.
Thos. W. Gamewell Clerk
by P. C. McCowat D Clerk [Deputy Clerk]
Mahuldah Marlow the feme covert, having personally appeared before me and having by virtue of the authority in me vested been examined privately and apart from her husband W. H. Marlow and she having acknowledged the due Execution of the within deed by her freely, voluntarily, without compulsion, constraint or coercion by her said husband, the same is therefore certified – Witness my hand our Seal this the day 31 of March 1855.
Henry Blurton seal
J.P. for Madison County Tenn
State of Tennessee
Madison County
Personally appeared before me Thos. W. Gamewell Clerk of the County Court of said county the within bargainor Joshua M ………… [this is the end of what the Archives photocopied]
A very special thank you to Denise Cozart, who transcribed and contributed this document for use on this web site.