Stewart County TN Archives Deed.....Boswell, John - Smithton, Thomas November 17, 1846 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/tn/tnfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Virginia Crilley http://www.genrecords.net/emailregistry/vols/00003.html#0000642 January 2, 2012, 10:35 am Written: November 17, 1846 Image of deed sent to me 1/1/2012 by George Holder glholder@cableone.net This indenture made & entered into this this 17th day of November in the year one thousand eight hundred & forty six Between Thomas Smithson & John Boswell both of the county of Stewart & State of Tennessee. Witnesseth that I Thomas Smithson, for & in consideration of seventy five dollars to me in hand paid by the said John Boswell. The receipt whereof is hereby acknowledged. I have bargained & sold & by these presence doth bargain & sell unto John Boswell aforesaid all the right, claim & interest that Easther Gardner, wife of the late John Gardner deceased as will appear from the Will of said deceased. That said Easther Gardner derived under said Will. A certain tract of land lying & being in the county & state aforesaid on Bear Creek. Beginning on a white oak in the south boundary line of a tract of land. Granted by the state of North Carolina to John Mann Running North one hundred & fourteen poles to a black oak. Thence West one hundred forty & a half poles to a black oak. Then South one hundred & fourteen poles. The to South boundary of the original survey. Thence East one hundred forty & one half poles to the Beginning, containing one hundred acres. I the said Thomas Smithson, for myself my heirs, executors & Adms doth covenant & agree with John Boswell, his heirs, Executers, Adms & assigns To warrent & defend the title of the said land from Easther Gardner. Stephen Gardner, William Buckingham & Nancy Buckingham the wife of said William, the said land having been conveyed to Samuel Wofford by Easther Gardner, Stephen Gardner, William Buckingham & Nancy Buckingham as aforesaid which will more fully appear on the Register Books of said County & [state] Witness my hand and seal the day & date above written in the presences of Thomas Smithson Test Jackson x Gardner (his mark) Thomas Buckingham Back of deed: State of Tennessee, Stewart County. Personally appeared before me William Cook, clerk of Stewart County Court, Thomas Smithson whose name is signed to the above deed as bargainor and with whom I am personally acquainted and acknowledge the same to be his act and deed for the purpose therein contained given under my hand at office in the town of Dover this the 19 day of November 1846. Filed for Registration in the Registers office of Stewart County 12 o'clock M, 19th of November 1846 noted in Book A page 25 and recorded in said office this 25th day of November 1846, Book 15 page 439 Thomas M. Atkinson, Register Deed from Thomas Smithson to John Boswell 100 acres Register fee $1.00 not paid NOTE: We believe this John Boswell was the grandson of John Gardner, and was buying back the land which had been divided amongst the heirs in 1841. We don't know who Thomas Smithton was or Jackson Gardner (although probably a Gardner son or cousin) George Holder said:"My mother got it from her father . It was in a book with some other documents and copies of documents which my mother put together for him some time before he died in 1975. I don't doubt that it came down directly from John William Boswell but I don't know any way to prove it. You should be able to see fold lines on the back. It was first folded in half lengthwise and then in thirds. " Additional Comments: The significance of this deed is that it gives the siblings who were alive and involved in the transaction . File at: http://files.usgwarchives.net/tn/stewart/deeds/smithton136gdd.txt This file has been created by a form at http://www.genrecords.org/tnfiles/ File size: 4.1 Kb