Back in 2006 I asked a similar question on the LVA History list. Lo and behold, my question and the responses are still there. I have copied and pasted them below. Why my computer switches the fonts back and forth I don't know, but the substance remains.
This was my question:
What is (or was) a Homestead Deed in the late 19th century in Virginia? I
find several documents re my ancestors that are filed in connection with
Homestead Deeds. When I google it, I get bankruptcy information.
Although it's possible, I doubt that these folks were filing for
bankruptcy. Thanks for any help. --Sally Phillips
This is from Donald W. Moore:
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.
This is from Eric Grundset:
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
This is from Jane Steele:
Hello to All: We have to remember that people in the southern part of the
United States were devastated mentally and emotionally after going through
one of the most economically and morally draining conflicts that America
(at that time) faced. With the exception of slavery being ended ( and it
was on it's way to being ended thanks to the thousands of people of all
races, colors and backgrounds who were living in both the North and the
South via their brave involvement in the Underground Railroad) nobody
really won anything. This is the true face of war and it's impact was
devastating for many people on both sides for decades to come. I am saying all of this because money and credit have always and always
will run everything un till we really accept these two items for what they
really are and to use them wisely. Yes it is disappointing and sad to
find out something about an ancestor of ours/yours that is unpleasant.
Things like the Civil War, which bankrupted former plantation owners and
farmers (who once held their heads high,sent their children to the best
academies,finishing schools and military academies) and destroyed lives on
both sides resulted in a type of shame, violence and sadness that only
lifted with the building of new business and industry in the South along
with the leadership of some of the best leaders of color that this country
has ever had the privilege of allowing to assist in the coming about of the
"New South": the Rev. M. L. King,Jr., former Virginia Governor and current
Richmond Mayor Doug lass Wilder and the late Oliver Hill who was the first
African-American to sit on the Richmond(Va) City Council in the early 1950s. Some feelings and emotions are hard to forget and to turn off. A lot of
people got hurt,abused and died for many causes and laws that we take for
granted today that allow us to be able to vote,run for office,get good
health care(we really need to work on this one!) as well as careers that
many of these people never thought of much less dreamed of. In closing I
would like to quote the late AME Zion Bishop William Jacob Walls: "Heritage
To Be Kept Must Be Earned. Add To It Until You Establish Your Claim".
Jane Steele,MA.
________________________________
From: Carole D. Bryant <[log in to unmask]>
To: [log in to unmask]
Sent: Friday, July 13, 2012 4:34 PM
Subject: [VA-ROOTS] homestead act exemption
Claiming the benefits of the Homestead Act, as householder and head of a
family, my ancestor filed for and was granted an exemption on Nov 29, 1870.
Does this mean that he was exempt from paying personal property taxes or
land taxes or ..... what did it include ?
Thanks,
Carole
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