Don is quite correct in stating that Homestead deeds in that period in Virginia were related to bankruptcy filings. If the deeds in question are from the late 1860s or early 1870s, than this is the most likely explanation. Many tens of thousands of people nation-wide declared bankruptcy after the Civil War or were forced into it by their creditors. Only during periods during which a federal bankruptcy law was in effect was bankruptcy handled by federal courts. Otherwise it would have been in local/state courts depending on the period.

Virginia was readmitted to the Union in 1870 with a new constitution. The federal bankruptcy act of 1867 was still in effect and remained so into the mid-1870s. State governments could set what the exemptions were, allowing people to protect their homesteads under the federal law. It is not the same thing as homesteading in the western states.

All of the records for cases under the 1867 act for Virginia and West Virginia (+PA, MD, and DE)are at the National Archives regional facility in Philadelphia. I've used them there several times. One needs to know the county of residence to determine which U. S. District Court (Eastern or Western Division of Virginia) and which "division," i.e. city where the court met (Richmond, Alexandria, Norfolk, etc, in the Eastern Division; Lynchburg, Harrisonburg, Abingdon, etc. in the Western Division) to find a case. There were some boundary divisions between the districts that complicate this all some, and Virginia had one District Court from 1865-1871, than Eastern and Western. The cases are all indexed alphabetically, but by the district and the city. Once a name is found, a case file number is next to it in the index, and this will lead to the actual papers relating to the case. The case files can be quite thick and full of very useful information including names of creditors (including relatives), property schedules, on and on.

I give a lecture on this topic, but I haven't brushed up on the details for a few years. Suffice it to say, that an inquiry to the Philadelphia branch of the National Archives (not the main archives facilities in the Washington area) would help one find out how to get a copy of a case file:

National Archives, Mid-Atlantic Branch
(Center City Philadelphia) 
900 Market Street 
Philadelphia, Pennsylvania 
19107-4292
(Entrance on Chestnut Street,
between 9th and 10th St.)
Telephone: 215-606-0100 
Fax: 215-606-0116

Because these files can be quite lengthy, it could cost quite a bit to have one copied. The ideal thing to do would be to visit Philadelphia or hire a researcher. This would enable you/them to select what you might want from the files. Not everyone can hop on a train and get to Philadelphia in an hour and a half like I can, but that would be the best way to approach the records.

If, however, the Homestead deed(s)are later than the mid-1870s and before the next federal bankruptcy law of 1898, than the case would have been handled by a local/state court and the National Archives would not have the case files. You'd have to check with the appropriate court(s) for the county or city where your ancestor lived, because, once again, in the intervals between the periods of a federal act being in force, bankruptcy was a state matter. Since 1898, we've had a federal bankruptcy law in effect with various changes (a major one last year I believe), so bankruptcy has been a federal matter for all of our lifetimes, and we think of it that way. This was obviously not always the case in the past.

I've mentioned this whole line of research to a few people over the years. Some were horrified at the very thought that their ancestor could have been a bankrupt and refused to even consider the possibility. What a strange reaction, I've always thought. After the Civil War the economy was devastated, people didn't have any money or resources, and bankruptcy was very common (either voluntary or forced). Many more people in northern states declared bankruptcy partly because they couldn't collect debts from southerners who owed them money. We all need to consider looking at these bankruptcy cases in Philadelphia (or which ever archives branch covers the state where your ancestors lived) as one more source for our family research. Two of my great-great grandfathers in Buckingham County went bankrupt after the war, and there are thick case files for each one containing all kinds of useful information (its a burned county of course, so every tidbit is important). One ran a store and one was a farmer. The kinds of debts 

Please consider checking with either the National Archives branch or in local records depending on the dates of the Homestead  deeds.

I hope that "quick" overview helps.

Eric G. Grundset
Library Director
DAR Library
National Society Daughters of the American Revolution
1776 D St., N.W.
Washington, DC 20006-5303
202-879-3313 (phone)
202-879-3227 (fax)
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-----Original Message-----
From: Discussion of research and writing about Virginia history
[mailto:[log in to unmask]]On Behalf Of Donald W. Moore
Sent: Saturday, July 08, 2006 7:19 PM
To: [log in to unmask]
Subject: Re: Homestead Deeds


Actually they were protecting their assets from bankruptcy. The  
Virginia constitution was re-written after the Civil War in the  
1870s. I don't have the exact date handy at the moment (1873?). One  
of the clauses of that constitution made it legal for Virginians to  
declare certain assets exempt from bankruptcy proceedings. You can  
imagine that this came in handy during Reconstruction when many  
people faced economic difficulties. Consequently, you will find  
"homestead" deeds with extensive lists of real and personal property.  
The "grantor" of such a deed, if we can use that term, is really  
exempting that property from his creditors. I have a "homestead" deed  
for one of my ancestors that I believe was recorded in 1874.

_________________
Donald W. Moore, CG(sm)
Antecedents(r) LLC
http://www.antecedents.com

Certified Genealogist and CG are service marks of the Board for  
Certification of Genealogists® and used here under license.

Antecedents is a registered service mark of Antecedents LLC.



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