A very likely possibility for this deed is that it was recorded as part of a bankruptcy case. Whenever I mention this to people who find such deeds recorded in the 1860s and 1870s, most are reluctant to believe me, because they can't imagine a member of their family ever having gone into bankruptcy! It is a research avenue well worth following because it could lead to much valuable information in federal court records. In the periods when a federal bankruptcy law was not in effect, state bankruptcy procedures applied. If this turns out NOT to be a case in a federal court, then you'd have to look into the records of the county and state courts involved.
In 1867 Congress passed a NATIONAL bankruptcy act to deal with the economic problems after the Civil War. The act was in effect until the mid-1870s, and while many, many southerners filed for bankruptcy or were forced into it by their creditors, many more northerners and westerners did so. (The next federal bankruptcy law wasn't enacted until 1898). Each state legislature passed laws establishing what the homestead exemption would be for its residents who were filing for federal bankruptcy. This was the level of exempt property that could be withheld from the bankruptcy process and from creditors to enable a family to support itself. The amounts varied from state to state. Homestead deeds were recorded at the county level as a result of this process. Two of my own great-great grandfathers in Buckingham County went through the bankruptcy process during this period. A copy of a schedule of exempt property for one of these men in family papers is what lead me into investigating the federal bankruptcy records.
The records for Virginia (and West Virginia) are housed at the Philadelphia Branch of the National Archives in Center City Philadelphia (address is on the National Archives website). The staff there is very helpful. A letter to them requesting a search of the indexes for the records would be a good idea because it could lead to thick case files in their custody. They would have to tell you about the fees involved.
To use Amherst County as an example, when the 1867 act took affect Virginia was only one district: the United States District Court for Virignia. There were subdistricts within each of these focused on the city where the court met, like Richmond, Norfolk, Alexandria, etc. Virginia was divided into eastern and western districts in 1871 and Amherst County was in the western district. Cases in Amherst County would have been dealt with in the Lynchburg district of the court, which was established in 1871. SO, if you write for a search you would want to ask the staff at NARA Philadelphia to check the index for the Bankruptcy Act of 1867 cases for the Western District of Virginia, Lynchburg District. If the case began prior to the division of the state into two districts, then it's possible that the case began in the USDC for VA, maybe in the Richmond District or the Staunton District and was transferred to the Lynchburg District after the boundary shift and the establishment of the court in Lynchburg. It might require having them check all of these indexes. BUT, at least the stuff is indexed by the name of the person!
I know this is confusing, but it is worth pursuing, especially given the 1878 date of the document. Again, if the federal angle doesn't work, then definitely check the county and state appelate court records for more information. Because of the 1878 date, which is after the repeal of the federal bankruptcy law, the case may have started at the county/state level OR it was a carry-over in the federal courts which had begun prior to the repeal.
Hope this helps and leads you to some good information.
Eric Grundset
DAR Library
Washington, DC
-----Original Message-----
From: karl Binz [mailto:[log in to unmask]]
Sent: Sunday, February 09, 2003 11:14 PM
To: [log in to unmask]
Subject: Homesteading in Virginia
I have a deed that was recorded in 1878 in Amherst County . It is labeled as homestead and the Clerk's Office is said to recorded this homestead, with the certificate of acknowledgement. Can someone explain to me how he obtained a
homestead? I thought Virginia was land grants? When did homesteading start and end? Thank you! Barbara in Idaho
To subscribe, change options, or unsubscribe please see the instructions at
http://listlva.lib.va.us/archives/va-roots.html
To subscribe, change options, or unsubscribe please see the instructions at
http://listlva.lib.va.us/archives/va-roots.html
|
