Again, I recommend you check out my previous tips on land acquisition in early Kentucky but as a little refresher course, here is a little more of a run-down. You are at the county court house and want to find a deed. Where do you look first? In most county clerk offices, you will find index books for the deeds and it surely saves a lot of hauling of those 500 pound books off the shelf! Well, perhaps I exaggerate a tad, but as most of you know, they are heavy and get heavier all the time. If the deed books are indexed, you will likely find two separate set of indexes - grantor and grantee. The grantor is the person granting the land (selling) and the grantee is he who is receiving the land. You need to check both of them. The index book will show a shorthand version with the grantor's name, the grantees name, the date, where the land was located, and a reference to the deed book where the actual deed is to be found. Different types of transactions were recorded in the deed books including the following: Deed of Sale: This is also called an indenture, the form used to transfer property (normally land). They could also be transferring live stock, slaves, household goods. Deeds of Gift: It's easy to spot these, they normally were very flowery and started with the expression - "for the love and affection". This is a signal that possibly the grantor is related to the grantee - a married daughter, a close relative. The "consideration" which is the money that was paid for the land or item will be very minimal, normally $1.00. Mortgage Sales: These are recognized if the words "Deed of Mortgage" is used. But, they might not have Included those words and you have to read the deed closely to see if it is in fact. Look for wording such As: "if John Smith (party A) pays John Jones (party B) a stated amount of money by a specific date, then it is null and void." It is not a permanent sale of land or goods, but a mortgage and the land is being used as collateral. Strawman Sales: These are identified easily when they occur on the same day - Smith sells to Jones and Jones sells to Adams - all on the same day. It is simply a way for the parties to eliminate a legal restriction that might have been in the original instrument. Here's the way it works: Smith sells to Jones, Jones sells to Adams or back to Smith. Jones here is the middle man - normally a trusted relative or friend who is just the go-between. This was used in several instances, one being when two people owned the land together and one of them wanted to sell his portion to the other. Estate settlements: These are sales from heirs of a deceased family member to other family members or an outside individual. Sometimes you will find estate settlements in the wills themselves, or in the probate records and they are not recorded in the deed books. I have given definitions to some of the terms used in the land transactions and will again refer you back to previous tips for this. Here are some additional ones, as provided by my friend and expert, Bill Utterback: Call: the feature, measurement or landmark noted as the starting part or a leg of the land. In Kentucky, items such as trees, stones, slashes on a tree, etc. were used to mark the boundaries. Corner: This is of course where the line changed direction. POB: Point of beginning ... where the surveyors start measuring off the land. Dower: As you know, the widow received her dower in the land, 1/3rd. Escheat: this is land that reverted back to the government or to the estate due to the fact that the man left no heirs. Grant: Transfer of the title of the property by the governing body to the very first owner of the land. Also known as the Patent. Quitclaim deed: Gives up any claim on the property but does not guarantee that the title if clear from any other claim. Warrant: An order by a government body authorizing the action. Normally this meant an order allowing a surveyor to survey the land for an individual in preparation for the issuance of a grant. Your homework assignment <grin> is to click on the bottom URL in my signature line, then on that link click on researching. This will take you to the previous tips and scan for further information. (c) Copyright 14 March 2002, Sandra K. Gorin, All Rights Reserved. sgorin@glasgow-ky.com Col. Sandi Gorin, 205 Clements, Glasgow, KY 42141 (270) 651-9114 Publishing: http://ggpublishing.tripod.com/ SCKY resource links: http://www.public.asu.edu/~moore/Gorin.html < >< God Bless America ><>