GREAT info, Eric. Could it not, also, have been the Virginia Homestead Exemption law that allowed a householder or head of a family to exempt his/her home and some of the contents from the general creditors? OR, did the Bankruptcy Act supercede those State provisions????? Thanks. Paul
----- Original Message -----
From: Grundset, Eric
To: [log in to unmask]
Sent: Tuesday, February 03, 2004 2:13 PM
Subject: Re: HOMESTEAD LAWS
Mrs. Shumate,
This is probably part of the person's exemption under the federal Bankruptcy Act of 1867. MANY people had to declare bankruptcy after the Civil War. Each state set what would be the exemption of property that could be held back from creditors to enable the person/family to survive by passing a homestead exemption act. These are not state or county records, although often you will find a recording in the county of these homestead exemptions.
The records for Virginia of these bankruptcies are all at the National Archives Branch in Philadelphia. They are part of Record Group 21, Federal Courts. You would have to tell the folks up there which court would have covered the area of interest. Pittsylvania County in this period would have been under the jurisdiction of the United States District Court for the Western District of Virginia, Danville Division and was moved into that district in 1871. The Danville seating of the court began in 1871. There will be an alphabetical index to the cases in that division (hopefully; most DO have an index). There is the possibility that the case began before the Danville division was created, and so the case would be in the U. S. District Court for the Eastern District of Virginia, Richmond Division. In 1871, Virginia's U. S. District Court boundaries were redrawn and new cities were added for the court to hold sessions. I'd start with Danville in 1871 and hope that the case can be found easily there. If it began before the new division was created, it should have been transferred to the new one from the old one.
If you go to the National Archives website (www.archives.gov), find the regional facilities listings, and get the contact information, the staff there should tell you what they could do to find the case records for this individual and whether or not they can copy them for you (you can copy them yourself if you visit their facility in center city Philadelphia). Be sure to let them know that this would be under the Bankruptcy Act of 1867. They are bound to have a research procedure, but given budget reductions, etc., they will have to tell you what their procedures are.
I've been there numerous times, and found these same bankruptcy cases for two of my own great, great grandfathers in Buckingham County. This is definitely material that you want to try to get hold of!!
Eric G. Grundset
Library Director
DAR Library
1776 D St., N.W.
Washington, DC 20006-5303
202-879-3313 (phone)
202-879-3227 (fax)
[log in to unmask]
-----Original Message-----
From: molly shumate [mailto:[log in to unmask]]
Sent: Tuesday, February 03, 2004 2:45 PM
To: [log in to unmask]
Subject: HOMESTEAD LAWS
Need someones good interpretation on this one:
My ancestor on 24 May 1871 claims lands and property in Pittsylvania Co., VA
under the HOMESTEAD LAW. This included property of desk, bookcase,
sideboard, bureau, beds, furniture, mare, filly, etc. Can anyone tell me
what this law was? Did it have anything to do with the aftermath of the
Civil War? Thank you in advance. Molly Shumate
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