Madison County, TNGenWeb

Contributed by Denise L. Cozart

Thornton E. Cozart to William H. Marlow
Brothers-in-law
Registered December 20th, 1858
Madison County Deed Book 21, pages 100-101
In 1871 this area became Crockett County

Tennessee State Library & Archives:
Madison County, microfilm roll #11
Transcribed by Denise L. Cozart
July 2002

Background:

This was marked “deed,” but it does not seem that land was involved, rather “money and effects.” The deed referred to Thornton Ellsworth Cozart as a “legatee” of his father Joshua’s last will and testament of 1851. Thornton was about 26 in 1851.

Thornton E. was mentioned in his father’s will in item #9:

Ninthly – I give and bequeath to the heirs of my son William D. Cozart, deceased, viz., Robert W. Cozart, Joshua Cozart, Gilbert Cozart, Newton Cozart, Henderson Cozart and Jasper Cozart. These last mentioned six to be considered as one heir

A. Haywood Cozart and Thornton L. [Ellsworth] Cozart

And as one heir Cintha A. E. Grey and Berry M. Grey

be made equal in this final division of my moneys and effects, including what they each have already received as I have mentioned above.

Thomas Wright was witness to Joshua Cozart’s last will and testament and to Thornton’s 1858 deed below.

T. E.’s mother, Elizabeth Marsh Cozart, had died in 1857. In December her youngest son, Joshua M. Cozart, submitted an inventory of her estate to the county court. Already in 1854 Elizabeth had sold the land she lived on to son Joshua M. Cozart, daughter Mahulda Cozart Marlow and her husband William H. Marlow, who were to divide it “by a north and south line” as specified in Joshua Cozart’s last will and testament.

By 1858 both Cozart parents were dead, and a final settling of their estate was taking place.

Note that the 1858 deed stated “Thornton E. Cozart formerly of the County of Madison and State of Tennessee.” Thornton had moved to Texas some time after the 1852 sale of his land in Madison County to brother Anthony Haywood Cozart. Thornton appeared on the 1860 U.S. Census for Shiloh Post Office, Hunt County, Texas. He died in 1864 of fever while serving in the 15th Texas Calvary in Tyler, Texas, leaving a wife pregnant with twins and four children. He was about 39.

100

T. E. Cozart To
Wm. H. Marlow deed
Reg. Dec. 20th 1858

Know all men by these presents that I Thornton E. Cozart formerly of the County of Madison and State of Tennessee for in consideration of eight hundred dollars to me in hand paid the receipt whereof is hereby acknowledged by W. H. Marlow of the County of Madison and State of Tennessee hath bargained and sold and delivered unto the said W. H. Marlow and his heirs and assigns forever my undivided interest as a legatee to the undivided property of the estate of Joshua Cozart deceased Late of said County of Madison and State aforesaid it being fully described and set forth in the last will and testament of said Joshua Cozart deceased Reference to the said will, will fully show the undivided interest herein conveyed. I hereby transfer the same and every part and parcel thereof to the said W. H. Marlow his heirs and assigns forever for the above named sum of eight hundred dollars and furthermore bind my self my heirs and assigns to defend the title of said interest against the claim or claims of any and all persons whatever to the said W. H. Marlow his heirs and assigns forever In witness whereof I have hereunto set my hand and affix my seal this 26th day of October 1858 assigned & sealed in the presence of

Thos. Wright
Perry C. Wilks

T. E. Cozart seal

State of Tennessee
Madison County

Personally appeared before me Thos. W. Gamewell clerk of the County Court of said County Perry C. Wilks and Thomas Wright the subscribing witnesses to this written conveyance who being first sworn deposed and say that he acknowledged in their presence that he executed said conveyance for the purposes therein contained on the day it bears date.

Witness my hand at office this 20th day of December 1858

Thos. W. Gamewell clerk
By T. C. McCowat D.C. [deputy clerk]

State of Tennessee
Madison County

I Wm. G. Cockerill Register of said County do certify that the foregoing conveyance and clerk’s certificate therein were duly filed in my office this day about 12 O’clock A.M. and noted in Minute Book 4 page 9.

Witness my hand at office this 20th day of December 1858

Wm. G. Cockerill Reg.

Contributed by Denise L. Cozart

Kinchen & Jane Cozart Hathaway to William H. Marlow
Brothers-in-law
Registered September 5th, 1856
Madison County Deed Book 19, page 53

Tennessee State Library & Archives:
Madison County, microfilm roll #10
Transcribed by Denise L. Cozart
July 2002

Background:

This was marked “deed,” but it does not seem that land was involved, perhaps money and effects. The deed referred to Jane Cozart Hathaway and her husband as “legatees” of her father Joshua’s last will and testament of 1851. Jane was about 41 in 1851. Jane died before December 1859 when her husband remarried.

The difference in dates was striking. The initial deed was signed and sealed on 2nd August 1853. On 6th March 1854, the clerk, Thomas W. Gamewell, authorized R.W. Sims, Esquire, to interview Jane apart from her husband to verify her intent. R.W. Sims examines her 8th December 1854. The registration did not take place until 5th September 1856, three years from the beginning of the process.

William H. Marlow and his wife Mahulda Cozart Marlow also “bought out” another “legatee,” Thornton Ellsworth Cozart. See deed of 1858.

53

K. & Jane Hathaway To
W. H. Marlow deed
Reg. September 5th 1856

Know all men by these presents that we Kinchen Hathaway and Jane Hathaway formerly Jane Cozart of the County of Madison and State of Tennessee for in consideration of the sum of Two Hundred and fifty Dollars to us in hand paid or secured to be paid by William H. Marlow of the said County and State aforesaid, hath bargained and sold unto the said William H. Marlow and his heirs and assigns forever, our undivided interest as legatees to the undivided property of the Estate of Joshua Cozart deceased, late of said County of Madison and State aforesaid it being fully described and Set forth in the last will and Testament of said decsd Reference to the said will fully show the undivided interest herein conveyed. Hereby transfering [sic.] In witness whereof we have hereunto set our hands and Seal this 2nd day of August 1853

K. Hathaway seal

her
Jane Hathaway seal
Mark

Attest
James McMillan
Simeon Pearce

State of Tennessee
Madison County

To R. W. Sims Esq. You are hereby authorized to take and empowered to take the … examination of Jane Hathaway the … … privately and apart from her husband the said K. Hathaway touching her free and voluntary execution of the within deed and the same where so taken certify under your hand and seal. Witness my [hand] Thos W Gamewell Clerk of Madison County Court at office this 6th March 1854.

Thos. W. Gamewell Clerk

I R. W. Sims have this day examined separately and privately apart Jane Hathaway from her husband touching the execution of the within deed and do certify that she acknowledged the execution thereof to be her own free will and without any compulsion acts …… whatsoever

Given under my hand and seal this 8th day of Dec 1854.

R. W. Sims

[Remainder of deed was not photocopied. It would have read like the one preceding it:]

State of Tennessee
Madison County

I Wm. G. Cockerill Register of said County do certify that the foregoing conveyance and clerk’s certificate therein were duly filed in my office this day at … O’clock ….M. and noted in Minute Book 3 page 113. Witness my hand at office this 5th day of September 1856

Wm. G. Cockerill Reg.

Contributed by Denise L. Cozart

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.

From a July 1870 Marlow deed we learned that this land was in Madison County District 9.

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,
Wm H Marlow and
Mahulda Marlow
Division of Lands
Reg. 29th July 1856

This Indenture made and entered into this the 1st day of March in the year of our Lord, one thousand eight hundred and fifty four

Marlow the Receipt where is Hereby acknowledged hath bargained and Sold unto the said Joshua M. Cozzart and Hulda Marlow and William H. Marlow and heirs and assigns forever all my rights and title in and to a certain tract or parcel of Land reserving on the said land the dwelling residence and all the Cleared Land making the plantation at the present date the afore land being given to me in the last Will and testament of Joshua Cozzart decd, with the hereditaments and appurtenances there to during my life time then at my deceased to be equally divided between the aforesaid Joshua M. Cozzart and Hulda Marlow formerly Hulda Cozart they being desirous and wishing to have a home on and divide the aforesaid Land for their several present advantages I hereby sell consign and deliver unto the Joshua M. Cozzart and Hulda Marlow and W. H. Marlow after making my … … in the Residence and plantation for my benefit and support during my natural life the aforesaid tract or parcel of Land which is Bordered and bounded as follows to wit. Beginning at the north East Corner of a tract of land of 923 acres granted to Nichols Long of which This is the Location interest thence South with the east boundary line of the same 150 poles and 17 Links to a plum bush hickory two post oak black oak pointers being the south east Corner of McKinney Longs lot thence West with his line passing George Longs Corner making in all 196 post to a stake two maples black oak and dogwood pointers, thence North 150 poles 17 links to a stake maple an black oak pointers in the North boundary of the original grant, thence East 196 poles to the Beginning making by Estimation 184 acres situated and lying and being in the County of Madison and the State of Tennessee my right to the Same being only my life time rights after making the … that I have made in the improvement the above mentioned land I here unto agree and bind myself to pay The State and County Tax and Rail Road tax and all other Tax expenses that may occur or be levied on the aforesaid land or cause the same to be paid by my tenants forever During my life time Right as reference to the above mentioned will will prove my right and claim I hereby deliver unto the said Joshua M. Cozzart and Hulda Marlow and W. H. Marlow to take as their possession the above named land to make such improvements on it as they may see proper or suitable to themselves without any interference or molestation forever as witness I hereunto set my hand and affix my seal this 2nd day of February 1854.

Signed and sealed in the presence of us
G. W. Williams
E. Stewart

her
Elizabeth Cozzart seal
mark

State of Tennessee
Madison County

Personally appeared before me Thos. W. Gamewell Clerk of the County Court of said County bargainors to the foregoing G W Williams & E Stewart subscribing witnesses to the foregoing deed who after being first sworn depose and say that they are acquainted with Elisabeth Cozzart the written named bargain and that she acknowledged in their presence the execution of the within deed to be her act & deed for the purposes on the day it bears date Witness my hand at office March 1854

Tax paid

Thos. W. Gamewell clerk
By W. W. Gates Register

Contributed by Denise L. Cozart

Elizabeth Cozzart to Joshua M. Cozzart, Mahulda Cozzart Marlow, Wm. H. Marlow
Mother to son, to daughter & son-in-law
Registered March 6, 1854
Madison County Deed Book 17, pages 213-214
Madison County District 9
In 1871 this area became Crockett County Civil District 1

Tennessee State Library & Archives:
Madison County, microfilm roll #9
Transcribed by Denise L. Cozart
July 2002

Background:

Though the registration date was penned as March 6th, 1853, the year written seems to be an error and should have been “1854.” The deed was agreed upon 2 February 1854. A different deed recorded just before this one on page 213 was dated 6 March 1854.

“Elizabeth Cozzart” signed with her mark the registration of the deed, which may mean she was illiterate or else unable to see or write. The double “z” spelling of the family name is reminiscent of the original “Cossart.”

In April 1850 Joshua Cozart 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. In a July 1870 deed in which Joshua’s heirs sold the land, we learned it was in Madison County District 9. (See Marlow deed of July 1870.)

Elizabeth Marsh Cozart was the widow of Joshua. Upon his death in 1851 she inherited this piece of land:

“I give and bequeath to my beloved wife Elizabeth Cozart, during her natural life or widowhood, my tract of land on which I now live and stock of all kinds on it or belonging to me; also my farming utensils, household and kitchen furniture; together with all my slaves except my slave – named Green.” [Joshua’s will]

Now in 1854 Elizabeth sells the land to two of her children and a son-in-law for a token amount of $20. The buyers are Joshua M. Cozart and Mahulda “Hulda” Cozart Marlow with her husband William H. Marlow. In his will, Joshua had written:

“After the decease of my beloved wife my tract of land to be equally divided by a North and South line between my son Joshua M. Cozart and my daughter Mahuldy Cozart. I also give and bequeath to my son Joshua M. Cozart my slaves – Hester and her son John. And likewise to my daughter Mahuldy my slave – Martha, also to her one hundred dollars to be paid over to her by Executors as soon as collected out of the cash notes now in my hands.”

Elizabeth was about 68 years old.

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

Elizabeth Cozzart
To: J. M. Cozzart deed
Reg[istered] March 6th 1853 [1854]

Know all men by these presents that I Elizabeth Cozzart widow of Joshua Cozzart Decd [deceased], for in consideration of the natural love and affection I have and bear for my son Joshua M. Cozart and my daughter Hulda Marlow and son in law W. H. Marlow as well as for the Sum of Twenty dollars to me in hand paid by the said Joshua M. Cozzart and Hulda Marlow and William H. Marlow the Receipt where is Hereby acknowledged hath bargained and Sold unto the said Joshua M. Cozzart and Hulda Marlow and William H. Marlow and heirs and assigns forever all my rights and title in and to a certain tract or parcel of Land reserving on the said land the dwelling residence and all the Cleared Land making the plantation at the present date the afore land being given to me in the last Will and testament of Joshua Cozzart decd, with the hereditaments and appurtenances there to during my life time then at my deceased to be equally divided between the aforesaid Joshua M. Cozzart and Hulda Marlow formerly Hulda Cozart they being desirous and wishing to have a home on and divide the aforesaid Land for their several present advantages I hereby sell consign and deliver unto the Joshua M. Cozzart and Hulda Marlow and W. H. Marlow after making my … … in the Residence and plantation for my benefit and support during my natural life the aforesaid tract or parcel of Land which is Bordered and bounded as follows to wit. Beginning at the north East Corner of a tract of land of 923 acres granted to Nichols Long of which This is the Location interest thence South with the east boundary line of the same 150 poles and 17 Links to a plum bush hickory two post oak black oak pointers being the south east Corner of McKinney Longs lot thence West with his line passing George Longs Corner making in all 196 post to a stake two maples black oak and dogwood pointers, thence North 150 poles 17 links to a stake maple an black oak pointers in the North boundary of the original grant, thence East 196 poles to the Beginning making by Estimation 184 acres situated and lying and being in the County of Madison and the State of Tennessee my right to the Same being only my life time rights after making the … that I have made in the improvement the above mentioned land I here unto agree and bind myself to pay The State and County Tax and Rail Road tax and all other Tax expenses that may occur or be levied on the aforesaid land or cause the same to be paid by my tenants forever During my life time Right as reference to the above mentioned will will prove my right and claim I hereby deliver unto the said Joshua M. Cozzart and Hulda Marlow and W. H. Marlow to take as their possession the above named land to make such improvements on it as they may see proper or suitable to themselves without any interference or molestation forever as witness I hereunto set my hand and affix my seal this 2nd day of February 1854.

Signed and sealed in the presence of us
G. W. Williams
E. Stewart

her
Elizabeth Cozzart seal
mark

State of Tennessee
Madison County

Personally appeared before me Thos. W. Gamewell Clerk of the County Court of said County bargainors to the foregoing G W Williams & E Stewart subscribing witnesses to the foregoing deed who after being first sworn depose and say that they are acquainted with Elisabeth Cozzart the written named bargain and that she acknowledged in their presence the execution of the within deed to be her act & deed for the purposes on the day it bears date Witness my hand at office March 1854

Tax paid

Thos. W. Gamewell clerk
By W. W. Gates Register

Contributed by Denise L. Cozart

Joshua M. Cozzart [Cozart]-William H. Marlow
Registered December 14th, 1853
Madison County Deed Book 17, pages 5-6
In 1871 this area became Crockett County

Tennessee State Library & Archives:
Madison County, microfilm roll 9
Transcribed by Denise L. Cozart
July 2002

Background:

Joshua M. Cozart bought this property from Alexander Greer in January 1853. Later in December he sold it for $10 less than he paid for it. The grantee was William H. Marlow, his sister Mahulda’s husband and his future wife Julie’s brother. Joshua was about 24.

The next year mother Elizabeth Marsh Cozart deeded Joshua M., Mahulda, and William H. Marlow property that was to be divided between the two families. It is not known for sure where this property was, but it may have been close to the tract in this deed.

Joshua M. married Julia Frances Marlow on February 17, 1858. Joshua M.’s premature death came just three years later, January 12, 1861, at about age 32.

A reference was made in the deed to “Brants corner.” A reference to “Brands” was also included in 1838 deeds to William Davis Cozart and to James Boals. These tracts were near Cypress Creek in Madison County civil district 18. 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 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

5

J. M. Cozzart to
Wm. H. Marlow Deed
Reg. Dec. 14th 1853

This Indenture Made this the 5th day of Dec. in the year of Our Lord one hundred [crossed out] thousand eight hundred and fifty three between J M Cozzart of Madison County and State of Tennessee of the one part and Wm H Marlow of the County of Madison and the State of Tennessee of the other part. Witnesseth: That the said J M Cozzart for and in consideration of the sum of One hundred and twenty five dollars to him in hand paid by the said Wm H Marlow the receipt whereof is hereby acknowledged hath given, granted, bargained, sold, aliened, conveyed, and confirmed unto the said Wm H Marlow heirs and assigns forever, a certain tract or parcel of land, situated, lying and being in the County of Madison and bounded as follows:

Beginning at the south West Corner of John Woodell’s Sixty six acre tract; thence N. 110 poles to the Original of which this is a part, thence W 65 poles to the corner of original tract; thence South 110 poles to a stake, Brants Corner, thence E. 65 poles to the Beginning, Containing 45 acres, more or less. To have and to hold the aforesaid land with all and Singular, the rights, profits, emoluments, hereditaments, and appurtenances, of, in and to the same, belonging or in any appertaining, to the only proper use and behoof of him the said [Wm] H. Marlow heirs and assigns forever And the said J. M. Cozzart for himself his heirs, executors or administrators, doth covenant and agree with the said W. H. Marlow, his heirs or assigns, that the before … land and bargained premises he will warrant and forever defend against the right, title, interest or claims of all and every person whatsoever. In witness whereof, the said J. M. Cozzart has hereunto set his hand and affixes his Seal the day and year above written.

Joshua M. Cozzart seal

State of Tennessee
Madison County

Personally appeared before me Thos W Gamewell Clerk of the county court of said County Joshua M. Cozzart bargainor to the foregoing deed with whom I am personally acquainted and who acknowledged that he executed the written deed for the purposes therein contained. Witness my hand at office this 5th December 1853

Thos. W. Gamewell Clerk
By Wm W. Gates R Clerk

State of Tennessee
Madison County

I W. W. Gates, Register of said County do certify that the foregoing deed and clerk’s certificate thereon was duly filed in my office this day at 10 O’clock A.M. and noted in Minute Book No. 3 page 41. Witness my hand at office this 14th day of Dec. 1853

Wm. W. Gates Register
By Wm. G. Cockrill D.R. [Deputy Register]

Contributed by Denise L. Cozart

Alexander Greer to Joshua M. Cozart
Registered January 28th, 1853
Madison County Deed Book 16, pages 284-285
In 1871 this area became Crockett County

Tennessee State Library & Archives:
Madison County, microfilm roll 8
Transcribed by Denise L. Cozart
July 2002

Background:

Joshua M. Cozart was the youngest of Joshua and Elizabeth Marsh Cozart’s ten children. In March 1854 his mother deeded him, his sister Mahulda and her husband William H. Marlow property that was to be divided between the two families. It is not known for sure where in Madison County this property was, but it may have been close to the land Joshua brought from Alexander Greer in 1853.

On February 17, 1858, Joshua M. married Julia Frances Marlow, thought to be a sister of William H. Marlow. Joshua M.’s premature death came just three years later, January 12, 1861.

At the time of this 1853 deed he was about 24; at death about 32.

A reference was made in the deed to “Brants corner.” Two other deeds carried such reference: the March 1838 deeds from F. W. Huling to William Davis Cozart and to James Boals. In the James Boals deed it stated that George Allen’s 100-acre tract was “formerly Brands.” George was the third person that day in March 1838 who bought land from F. W. Huling. George Allen was married to Malinda Cozart and was a brother-in-law to William Davis Cozart and Joshua M.

If the tract Joshua M. bought from Alexander Greer was in the same area as that of William Davis Cozart and James Boals, it was near Cypress Creek in Madison County civil district 18. In 1871 this area became Crockett County, civil district 3. Gadsden was the big town of the district.

Joshua M. paid Alexander Greer $135 for this tract; in December 1853 he sold it to his sister and brother-in-law, Mahulda and William H. Marlow for just $125.

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

284

Alex. Greer to
J. M. Cozart deed
Reg. January 28th 1853

This Indenture made and entered into this the 18th day of January 1853 between Alexander Greer of Madison County & State of Tennessee of the first part & Joshua M. Cozart of the county and state aforesaid of the second part. Witness that the said Alexander Greer for and in consideration of the sum of one hundred and thirty five dollars to him in hand paid by the said Joshua M. Cozart the receipt whereof is hereby acknowledged hath given granted bargained sold conveyed & confirmed unto the said Joshua M. Cozart his heirs and assigns forever a certain tract of land and being in the county of Madison and State of Tennessee In Range [blank space follows] and bounded as follows.

Beginning at the south West corner of John Woodell sixty sixty [sixty-six] acre tract thence N. 110 poles to the original line of which this is a part, thence West 65 poles to the corner of original tract thence South 110 poles to a Stake Brants corner, thence East 65 poles to the Beginning containing forty-five acres more or less to have and to hold the same to the said Joshua M. Cozart his heirs and assigns forever and the said Alexander Greer for himself his heirs Executors or administrators doth covenant & agree with the said Joshua M. Cozart his heirs or assigns that the said mentioned land and bargained premises he and them will warrant and forever defend against the lawful claim of all persons whatsoever in Witness whereof the said Alexander Greer hereunto sets his hand and seal the day above mentioned.

Alexander Greer seal

State of Tennessee
Madison County

Personally appeared before me Thos W Gamewell clerk of the county court of said county Alex. Greer the foregoing bargainor with whom I am personally acquainted and who acknowledge the executed the aforegoing deed for the purposes therein contained

Witness my hand at office this 19th January 1853

Tax Paid.

Thos. W. Gamewell Clerk

State of Tennessee
Madison County

I Wm. W. Gates, Register of said county do certify that the foregoing deed and clerk’s certificate thereon was duly filed in my office this day at 4 o’clock P.M. and noted in Minute Book No. 3 page 16. Witness my hand at office this 28th day of January 1853

W. W. Gates

Contributed by Denise L. Cozart

Thornton Ellsworth Cozart to Anthony Haywood Cozart
Brother to Brother
Registered December 16th, 1852
Madison County Deed Book 16, pages 211-212
Madison County District 9; became Crockett County District 1 in 1871

Tennessee State Library & Archives:
Madison County, microfilm roll 8
Transcribed by Denise L. Cozart
May 2002

Background:

I do not know when Thornton E. Cozart acquired this land.

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 witnesses to the 1852 deed between Thornton E. Cozart and Anthony Haywood Cozart were brother, Joshua M. Cozart, and brother-in-law William H. Marlow.

In 1852 Thornton E. was about 27 years old; Anthony Haywood about 28.

We know from other deeds of near-by and adjoining property that this land was in Madison County District 9 which became Crockett County District 1 in 1871.

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

211

T. E. Cozart to
A. H. Cozart
Reg. Dec. 16th/52

This Indenture made and entered into this the 27th day of October 1852 between Thornton E. Cozart of the one part and Anthony H. Cozart of the other part of the county of Madison and State of Tennessee, for and in consideration of the sum of 250.00 dollars, in hand paid to him by said Anthony H. Cozart, the receipt whereof is hereby acknowledged, hath given, granted, bargained, sold, aliened and conveyed and confirmed unto the said Anthony H. Cozart his heirs and assigns forever, a certain parcel or tract of Land; being lying and situate in the county of Madison and State of Tennessee be[ing] a part of a tract of Land in the name of Nicholas Long for 923 acres and bounded as follows.

Beginning on a Dogwood on the North East corner of Lot No. 1, thence West 112 1/2 poles to a stake, Dogwood, and two Black oak pointers, to the N. W. corner No. 3, thence South 117 poles and 14 links to a stake and two hickory pointers in the South boundary of original tract; Thence East 112 1/2 poles to ash, hickory and red oak pointers, the North corner of Lot No. 1, thence North to the beginning, containing 124 acres and 3/4 of an acre to have and to hold forever the aforesaid Land with all the singular the rights profits hereditaments and appurtenances that is belonging to or in any wise appertaining to the only proper use and benefit of the said Anthony Cozart his heirs and assigns forever. And I the said Thornton E. Cozart for myself heirs and Administrators doth covenant and agree with the land and premises above mentioned against the right, title claim or interest of all and every other person whomsoever, as Witnesseth whereof I, the said Thornton E. Cozart doth hereunto set my hand and Seal, with the day and date above.

Thornton E. Cozart seal

Signed in our presence
W. H. Marlow
Joshua M. Cozart

State of Tennessee
Madison County:

Personally appeared before me Thos. W. Gamewell, Clerk of the county court of said county: W. H. Marlow and Joshua M. Cozart, … witnesses to the foregoing Deed, who after being first sworn depose and say they are acquainted with Thornton E. Cozart the within named bargainor, and that he acknowledged in their presence the Execution of the within deed to be his act and deed, on the day it bears date

Witness my hand at office this 6th Dec. 1852

Tax Paid.

Thos. W. Gamewell Clk

State of Tennessee
Madison County

I Wm. W. Gates, Register of said county do certify that the foregoing Deed and Clerk’s certificate thereon was duly filed in my office this day at 1 o’clock P.M. and noted in Minute Book No. 3 page 13. Witness my hand at office this 11th day of December 1852.

W. W. Gates, Register