Hello Everyone,

As the person who initially brought up the issue of quit-claim deeds (and
should have included this then in retrospect), I submit the quit-claim in
question I mentioned, along with the statement of heirs, of my 4 g grandfather James
Williams, who died intestate.  To my mind it IS very specific about the
property, which along with the statement of heirs AND James original land patent
from the Bureau of Land Managements patents website (www.glorecords.blm.gov), I
believe establishes ownership, under the laws for intestate deaths in 1844.  In
other words, while I don't dispute that there were quit-claims written in
cases of uncertainty, this seems rather conclusive.  From a research perspective,
I am extremely pleased these were all submitted the same day by the negligent
attorney.    (FYI, when I divorced my ex-husband quit-claimed the house to
me.  It was also quite specific!).

Best Regards, Janet Hunter

Moniteau Co. Mo, Deed Book D.
"Know all men by these presents that I Thomas L. Williams and my wife Frankey
of the County of Cole & the State of Missouri for and in consideration of
twenty-five dollars in this hand paid by Commodore P. Williams of County and
state aforesaid, the receipt whereby is hereby acknowledged have granted bargained
& sold & do by these presents grant bargain and convey unto the said
Commodore P. Williams his heirs and assigns forever all our interest in the following
described tracts of land, to wit, the South East Quarter of the N West quarter
& the NE Quarter of the SW quarter & the No West Quarter of the No East
quarter of Section 17 of Township No 45 of Range No 15, to have and hold the above
described tracts of land with all the appurtenances thereunto belonging to the
said C. P. Williams his heirs & assigns forever and of Thomas L. Williams
and my wife Frankey do hereby for ourselves and heirs Covenant with the said
Commodore P. Williams his heirs & assigns that we will forever renounce [?] P.V.
before the title of the law so far as our interest in said tracts of land so
far as our interest is considered against the claims of any other Persons as
being legal heirs & legatees of James Williams deceased the former owner of said
land in {two words unreadable] whereof we hereunto set our hands & affix our
seals this 15th day of January 1844."

The consecutive, identical deeds were signed by the following:

-- Charley Ross and Elizabeth (Williams) Ross signed 21 April 1843.

-- Samuel Bird and Nancy (Williams) Bird, signed 17 January 1843.  T

-- Joseph Henry and Mary (Williams) Henry, signed 17 January 1843.  T

-- John Williams and Betsy (maiden name??) Williams, signed 13th January
1843.

--  Thomas L. Williams and Franky (Murrell) Williams, signed 13
January 1844.

-- Ira Williams and Lydia (JOBE) Williams, signed January  17, 1843.

-- Susan Louisa Williams, signed with William MCKISSACK, 18 August 1846 [Wife;

-- James Williams (no wife at deed) signed 23 day February 1849,

-- William Williams and wife Winiford (maiden name unknown) signed 13
February 1843.

Statement of Heirs from Probate Documents in Moniteau Co. Mo:

State of Missouri, County of Cole
I John Williams do swear to the best of my knowledge and belief that Susanna
Williams, John Williams, Mary Henry, Wife of Joseph Henry, Nancy Bird wife of
Samuel Bird, Commodore P. Williams, Ira Williams, Susan Louisa Williams, James
Williams, William Williams, Tabith Williams All of whom reside in the County
of Cole in the State of Missouri, Elizabeth Ross wife of Charles Ross of
Cooper County Missouri, Thomas Williams of Cock County in the State of Tennessee,
are the sole heirs of James Williams deceased, that the said deceased died
intestate. That I will make a perfect inventory of and faithfully administer all
the debts as far as the [portion I can't read] and account for and pay all
assets which shall come to my possession of knowledge so help me God. John
Williams."
Sworn to and subscribed to before the {???] Clerk of the Cole County Court
this 9th day of November AD. 1842."



In a message dated 2/1/2004 8:34:00 AM Pacific Standard Time,
[log in to unmask] writes:


> Again stating the matter:  Quit-claims do NOT represent that the person who
> executed that instrument owns anything atall.  That person MAY own an
> interest, but he/she is not representing or in any sense guaranteeing that he/she
> does so own a portion.  The simplest example would be where a lawyer says that
> perhaps you own a small undivided interest in land your Great-grandfather
> sold in 1885, and now the buyer of that land from his descendants wants you to
> sign a quit-claim.  You do that, get paid $50.00 or whatever, and then a
> later and thorough title search reveals that, in fact, you did not own anything.
> You have done no wrong and have no obligation for having signed that
> quit-claim.  As is taught in law schools (now and 45 years ago when I graduated),
> you would not be remiss in executing and having recorded a quit-claim for your
> interest in the Brooklyn Bridge, the White House, or the Sir Francis Drake
> estate, even though surely you own nothing in those assets.  While greater and
> more complex aspects of quit-claims might be set forth, this website is not
> dedicated to legal niceties.  Paul
>
> > "Quit-claims" are legal instruments
> > which may be read to say, "I do not represent that I
> > own any interest whatever in this property, but if I
> > do I hereby transfer that interest to you."  Said
> > another way, a "quit-claim" says, "What that court
> > and those lawyers say that I own, I hereby convey it
> > to you, but I have no idea whether or not they know
> > what they are talking about and you must realize
> > that I may own NOTHING atall."
> >
>




To subscribe, change options, or unsubscribe please see the instructions at
http://listlva.lib.va.us/archives/va-roots.html