Deed
Frederick W. Huling to James Boals
Registered March 19, 1838
Madison County Deed Book 6; pages 28-29
In 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.
The buyer of this 200-acre tract of land, James Boals, was the brother of Susana Boals Cozart, wife of William Davis Cozart. The other two buyers on the same day were William Davis Cozart (100 acres) and George Allen (100 acres), who was another brother-in-law of William Davis Cozart. They witnessed for each other.
About a year later F. W. Huling sold another 154 acres to Kinchen Hathaway, spouse of Jane Cozart, William D. Cozart’s sister. (January 1839, Book 6, page 305)
Allen-Boals-Cozart-Hathaway in-laws owned almost all of the 640-acre tract, one square mile.
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.
The reference to “Brands” or “Brants” also appeared in deed to William Davis Cozart (March 1838) and to Joshua M. Cozart (1853). It seemed to refer to George Allen’s land, “formerly Brands” in Boals’ deed.
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
28F. W. Huling
To: Deed 200 acres
James Boals
Reg[istered] 19 March 1838
This Indenture made this 26th day of Jany 1838 Between James Huling as attorney in fact for Frederick W. Huling of the county of Marshall & State of Mississippi of the one part, and James Boals of Madison County & State of Tennessee on the other part, witnesseth that the Said James Huling as attorney in fact for the Said F W Huling for the consideration [of] three hundred dollars to him the Said Huling in hand paid or Secured to be paid before the ensealing & delivering these presents the receipt whereof is hereby acknowledged the Said Huling hath bargained Sold & doth hereby bargain Sell alien & convey unto the Said James Boals a certain tract of land lying & being in the aforesaid county of Madison & State of Tennessee being part of a Six hundred & forty acre Survey Granted in the name of Said F W Huling in the aforesaid county of Madison & on the waters of Cypress Creek. Beginning at South east corner of George Allen’s one hundred acre tract (formerly Brands) a Stake thence north two hundred twenty three & one half poles to a Stake with a black gum & hickory pointers thence South 223 1/2 poles to the South East corner of Said 640 acre tract then west with the line thereof to the beginning. Containing two hundred acres according to Survey made Jany 3rd 1837 by Asa B Midyett To have and to hold the above described tract or parcel of land unto the Said James Boals his heirs & assigns as forever to his & their only proper use & behoof and the Said James Huling as attorney in fact for the aforesaid F W Huling doth hereby covenant & agree to & with the aforesaid James Boals the title of the above tract of land he will forever warrant & defend unto him the Said James Boals & to his heirs & assigns against the lawful claim or claims of all persons or manner of persons whatever In Testimony whereof I the Said James Huling as attorney in fact for the Said F W Huling hath hereunto set my hand & Seal the day & date above written
Jas Huling seal
For F W Huling
acknowledged in presence of us
William Boals
George Allen
State of Tennessee
Madison County
Personally appeared before me Montgomery B Stewart clerk of the county court of Said county William Boals and George Allen Subscribing witnesses to the written 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 Rcd. 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.