Tuesday, April 07, 2009

James Joslin :: 1841 Sale of Land to Lysander

On July 2, 1841 James Joslin and Abigail, his wife, sold 40 acres of the original 80 that he had purchased from the United States on September 20, 1837 in Whitley County, Indiana to Lysander Price Joslin for $50.

The unusual thing about the transaction, at least to me, is that Lysander was only 16 years old at the time of the transaction. Then, three years later, on August 1, 1844 James and Abigail sold the remaining 40 acres (20 acres each) to Edwin M. and Joseph A. Joslin. (Those two records will be posted in the near future.) Edwin was only 14 years old at the time and Joseph was a month shy of 12. Edwin and Joseph each paid $50 for their 20 acres of land. If long time readers think all this sounds a bit familiar, it's because I mentioned these transactions briefly back in October 2007.

As I said back then, it just makes you wonder what was really going on. There must have been a reason that James and Abigail sold the land to their young sons (presuming that they are their sons) but I doubt that we will ever know why.

For some reason, I always thought that there was a minimum age of 18 or 21 for purchasing land, but apparently there isn't. The only reference I've found to the legal age for buying land was a post on a mailing list that says that a person did not have to be 21 to own land, whether by purchase, grant or inheritance. But, he did have to be 21 to sell it.

My research notes show that Lysander purchased Edwin's 20 acres on January 21, 1851 for $200. Edwin turned 21 the previous December. Joseph sold his 20 acres to Lysander on November 1, 1853 for $300. Joseph had turned 21 in September.


Whitley County, Indiana
Deed Book A Page 505
Dated July 2, 1841
Filed June 13th 1842
Recorded June 16, 1842


[Written in left hand column] Filed June 13th 1842

This Indenture made this Second day of July in the Year of our Lord one thousand eight hundred and forty one by and Between James Joslin and Abigail his wife of the County of Whitley and State of Indiana of the first part and Lysander Price Joslin of the County and State aforesaid of the Second part. Witnesseth that the said party of the first part for and in consideration of the just and lawful sum to them paid of Fifty Dollars the receipt whereof is hereby acknowledged by the said party of the first part hath granted bargained Sold and Conveyed and by these presents doth grant bargain Sell and Convey unto the Said party of the Second part his heirs and assigns forever all the following described premises to wit. The South half of the East half of the North west quarter of Section Twenty five in Township No Thirty two North of Range Eight East Containing forty acres according to the original Survey. To have and to hold the above described premises hereby Sold and Conveyed unto the Said party of the Second part his heirs and assigns forever together with all the hereditament and appurtenances thereunto belonging or in any wise appertaining unto the party of the Second part to his own proper use benefit and behoof. And the Said party of the first part for themselves their heirs executors and administrators hereby covenant to and with the Said party of the Second part his heirs executors administrators and assigns that they the Said party of the first part are the lawful owners of the Said premises and have good right full power and lawful authority to Sell and convey the Same in manner aforesaid that the same are free from all incumbrances and that the Said party of the first part will Forever Warrant and Defend the Same against the claim or claims of all and every person or persons whomsever.

In testimony whereof the Said James Joslin and Abigail his wife have hereunto set their hands and seals the day and Year first above written.

James Joslin {Seal}
Abigail Joslin {Seal}

Signed Sealed and delivered }
In presence of
James Grant
Sarah Ann Pierce

State of Indiana Whitley County } SS

Personally came before me the Subscriber a Justice of the Peace in and for Said County James Joslin and Abigail wife of the Said James Joslin Known to me to be the grantors named in the above Deed of conveyance and acknowledged that they signed and Sealed the Same for the use and purposes therein expressed And the Said Abigail wife of the aforesaid James Joslin being by me examined Seperate and apart from the Said husband acknowledged that She executed the Same freely and without any fear or compulsion from her Said husband.

Given under my hand and Seal this Second day of July in the Year of our Lord one thousand eight hundred and forty one.

James Grant J.P. {seal}
Recorded June 16th 1842

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