Deed
Frederick W. Huling to William Davis Cozart
Registered March 19, 1838
Madison County Deed Book 6; pages 26-27
After 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.
Six years later William sold his property to brother Gilbert.
The sale was on September 7, 1844, and the registration was September 12th. This transaction may have been to get money into William’s hands. He may have been sick and unable to work. Likely after the sale, William and his family never moved from their homestead. Sometime in 1846 William died
Following William’s death, Gilbert returned the land as a gift to William’s widow, Susan Boals Cozart, in February 1847.
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 reference to “Brands” or “Brants” also appeared in deed to James Boals (March 1838) and to Joshua M. Cozart (1853). It seemed to refer to George Allen’s land, “formerly Brands” (Boals deed)
26
F W Huling
To: Deed [100] acres
Wm D Cozart
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 William D. Cozart of Madison County & State of Tennessee of the other part. Witnesseth that the Said James Huling as attorney in fact for the Said F W Huling for the consideration of one hundred and fifty dollars to him the Said Huling in hand 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 Wm D Cozart a certain tract or parcel of land lying in the aforesaid county of Madison & State of Tennessee it being part of a Six hundred & forty acre Survey Entered & granted to the Said F W Huling in the Said county of Madison & on the waters of Cypress creek. Beginning at B. Brands north west corner at a black walnut three white oak pointers, thence East one hundred Seventy Eight & 3/10 poles to a Stake a post oak & black gum pointers the north east corner to … one hundred acre tract hence north eighty nine & one half poles to a Stake black oak & post oak pointers, thence west one hundred & Seventy eight 3/10 poles to a Stake a hickory & post oak pointers, thence South eighty nine & one half poles to the Beginning according to a Survey made in April 1836 by Asa B. Midyett
To have and to hold the above described tract or parcel of land unto him the Said Wm D Cozart his heirs & assigns forever to his & their only purposes & 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 Wm D Cozart the title of the above tract of land he will forever warrant & defend unto him the Said Wm D Cozart & to his heirs & assigns against the lawful claim 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 first above written
In Presence of us
William Boals James Huling seal
George Allen 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 & George Allen Subscribing witness 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.