Deed
William Davis Cozart to Gilbert Cozart
Brother to brother
Registered: September 12, 1844
Madison County Deed Book 9, page 380
In 1871 this area became Crockett County Civil District 3.
Tennessee State Library & Archives:
Madison County, microfilm roll #5
Transcribed by Denise L. Cozart
July 2002
Background:
Originally when William David Cozart bought this tract, the acreage was not stated. See deed registered March 19, 1838. When William sold the tract to his brother Gilbert, the deed was for “100 acres.” Deed was registered September 12, 1844. When Gilbert Cozart returned it to William’s widow and children, the acreage was “100 etc.” See deed registered February 10, 1847. When William’s children sold it, the deed showed “150 acres.” See deed registered April 3, 1866. The additional 50 acres were acquired posthumously by William through a grant in 1848.
William may have sold this tract to Gilbert to raise money. William may have been sick in 1844 and unable to work. He died in 1846. On Gilbert’s part, it may have been a way of lending or giving his brother some help. It is likely that William and family never moved from the land. Gilbert’s farm was at least five miles to the south along the South Fork of the Forked Deer River.
This piece of 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.
380 [page]
149
Wm D. Cozart
To: Deed 100 Acres
Gilbert Cozart
Reg 12th Sept, 1844
This Indenture [deed] made this 7th day of September 1844 between William D. Cozart of the County of Madison & State of Tennessee of the one part — and Gilbert Cozart of the County and State aforesaid of the other part — witnesseth that the [said] William D. Cozart for the consideration of the sum of Two hundred and thirty three Dollars in hand paid before the ensealing and delivering these presents that receipt — whereof is hereby acknowledged hath bargained, sold and doth hereby bargain sell alien & convey unto the said Gilbert Cozart a certain tract or parcel of land lying in the County & State aforesaid it being a part of a six hundred & forty acre survey entered & granted to Frederick W. Huling in the said County of Madison and on the waters of Cypress Creek, the said land I the said William D. Cozart purchased of James Huling agent for Frederick W. Huling. Beginning at Madison Cozarts North west corner a black walnut, three white oak pointers, thence east one hundred & seventy eight 8/10 poles to a stake a post oak and Black Gum pointers, Thence North Eighty nine and a half poles to stake black oak & post-oak pointers, Thence west one hundred & seventy eight 8/10 poles to a stake hickory and post oak pointers. Thence south eighty nine & a half poles to the beginning. Containing by estimation one hundred acres of Land. I the said William D. Cozart, warrant & forever defend the right, title claims and interest to the said Gilbert Cozart and his heirs forever. In testamony [sic] I the said William D. Cozart, hereunto set my hand and seal the day and date above written.
Wm. D. Cozart seal
In presence of us
Kinchen Hathaway [brother-in-law of William and Gilbert]
Stephen Milbron
State of Tennessee
Madison County
Personally appeared before me Thomas W. Gamewell Clerk of the County Court of said County William D. Cozart the within named bargainor with whom I am personally acquainted and who acknowledged that he Executed the within named deed for the purposes therein contained.
Witness my hand at office this 11th day of September 1844. Thos. W. Gamewell Clk
I Certify that I Rcvd the state Tax on this deed
Thos. W. Gamewell Clk
State of Tennessee
Madison County
I Willie Langford Register of said County do hereby certify that the foregoing deed of convey was filed in my office for Registration at 11 O clock A.M. and noted in Minute Book No. 1, page 31.
Witness my hand at office this 11th day of September 1844. W. Langford R.M.C.
[Register of Madison County]
A very special thank you to Denise Cozart, who transcribed and contributed this document for use on this web site.