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 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