Monday, October 24, 2016

James H. Calloway 1876 Deed of Gift to Merrel and Mary (Warthen) Calloway - Murray and Fulton Counties, Georgia


[Calloway Deed – parties of Fulton and Murray Counties, Georgia]

Murray County, Georgia
Deed Book N, page 79-80


James H. Calloway deed
to Thomas Merrel Calloway & }
Mary Warthen Calloway }                        Deed of Gift

       State of Georgia, Fulton County – Know all men by these presents, that for and in consideration of the love and affection I bear to my Nephew Thomas Merrel Calloway and his wife Mary Warthen Calloway, I do hereby on this the Twenty-eighth day of January in the year of our Lord, Eighteen Hundred and seventy-six give unto the said Mary Warthen Calloway and the children now born or which may be born unto the said Thomas M. Calloway and the said Mary Warthen Calloway, all that Tract or parcel of Land together with all the appurtenances thereunto belonging, known as Number One Hundred and Thirty seven, Eighth District of the Third Section of Murray County State of Georgia, and containing One Hundred and Sixty acres.
       To have and to hold the said described tract of land and appurtenances thereunto belonging to thir only proper use and benefit and behoof of her the said Mary Warthen Calloway and her children (as above) executors administrators

and assigns in fee simple.
       And the said James H. Calloway for himself his heirs his executors and administrators and assigns the said described premises unto the said Mary Warthen Calloway and her children (as above) executors administrators and assigns, against the said James H. Calloway his heirs executors administrators and all and every other person or persons shall and will warrant and forever defend by virtue of these presents.
In witness whereof the said James H. Calloway has hereunto set his hand and affixed his seal the day and year above written, interlined before signing

Signed sealed and delivered
in presence of
J.E. Hunt*
H.C. Leonard, N.P.

Recorded and certified for October 18th 1876

N. Heartsill

*J.E. Hunt (or) J.E. Hurt, not certain (handwriting style makes it ambiguous).

TRANSCRIPTION NOTE: Transcribed on 24 October 2016 by D.K. Pritchett, from the original deed book.

LAND NOTE: The Cherokee land lottery occurred in 1832 in North Georgia, and the Cherokee Removal (Trail of Tears) was in 1838. Murray County, Georgia, was originally part of Cherokee. The land lottery records have not been researched for the name of Lewis B. Calloway; this is a suggested avenue of further research for anyone wanting to know more about the Calloway/Callaway family. One hundred, sixty acres (160) is a typical, complete land lot.

Other deed transactions involving Land Lot 137 in the 8th District, 3rd Section, Murray County, Georgia, occur in the Murray County deed books, but were not researched. According to the Index to Reverse Deeds, James H. Calloway was granted [bought or received] Lot 137 from Lewis B. Calloway, in a transaction dated 8 November 1842, entered into Deed Book H, page 150. [This is fairly early after the 1838 land lottery, placing the Calloways, or land purchases concerning the Calloways, in Murray County very early in its history].

Again, two transactions involving this land (but not researched or extracted) occurred in 1881 and 1884, between Thomas M. Calloway, Guard [prob. Guardian] and John Phillips. Those transactions are recorded in Book O, page 229 (1881) and Book P, page 326 (1884), and involve Land Lot 137 in the Eighth District, Third Section, Murray County, Georgia. Details of those transactions are not known.


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