David Clark/George Carey Deed

Col. Warren E. Carey photocopied this deed at the Miami county recorder's office some time in the 1940s. Parts of the deed are barely legible. I preserved the spelling and (lack of) punctuation as they existed in the original. The entire handwritten document took up two legal size pages. For such a long document, it provides surprisingly little information. I've highlighted the key facts.

David Clark To George Cary

(The State of Ohio, Miami County) Personally appeared before me, the subscriber, one of the acting Justices of the Peace for said county the within named Ezekial French who acknowledged that he did voluntarily sign, seal and deliver the within deed of conveyance for the purpose therein expressed. Also personally appeared before me the said Phebe French, wife of the said Ezekiel French and being examined separate and apart from her said Husband acknowledged the within deed of conveyance to be her voluntary act and deed and that she executed the same without the threats, coercion or persuasions of her Husband and freely relinquished her right of Dower to the premises within mentioned and desires that it may be admitted to record.

Given under my hand and seal this 19th day of March, 1825.

Wm. M. Campbell (Seal)
Justice of the Peace

This Indenture made this 31 day of January in the year of our Lord one thousand eight hundred and twenty five between David Clark and Sarah Clark of the County of Miami and State of Ohio of the [...] and George Cary and Phebe Cary the legal representatives of Benjamine Cary of [...] County and State of the other part witnesseth that the said David and Sally Clark for and in Consideration of the sum of one hundred dollars to them in hand well and truely paid by the said George and Phebe Carey the representatives of the said Benjamine Carey the receipt whereof is freely acknowledged have granted bargained and conveyed and confirmed and by their presents do grant bargain sell convey and confirm unto the said George and Phebe Cary during their natural life and unto Benjamine Cary his life or assigns forever, all that parcel of ground in the south east quarter of Section No. Fourteen¹ in Township One Range Eleven beginning at the [...] Corner on the north line of the Quarter thence south forty poles to a stake thence west sixty poles to a stake thence north forty poles to a stake thence east sixty poles to the place of beginning containing Fifteen Acres: [...] was all the estate right to the [...] claim and demand of them the said David Clark and Sally Clark of in and to the said premises hereby granted and every part thereof together with all and singular the rights members priviledges and appurtenances to the same belonging or in any wise appurtaining and the acute offers [?] and proof to thereof to have and to hold the said parcel of ground hereby bargained and sold or meant on intended sale be with the appurtenances to the only proper use Benefit and Behoof of said George and Phebe Cary during their natural life and Benjamine Cary his heirs and assigns for ever and the said David & Sally Clark for themselves their heirs executors and administrators do covenant and agree to and with the said George & Phebe Cary during their natural life and Benjamine and his heirs executors and administrators or assigns that David and Sally Clark the true and lawful owners of the premises hereby granted and have good right full power and authority to sell and convey the same in manner and form aforesaid and further that the said David and Sally Clark their heirs executors and administrators will warrant and forever defend the aforesaid premises with their appurtenances and every part and parcel thereof unto the said George and Phebe Cary during their natural lives and Benjamine Carry his heirs executors administrators or assigns against all persons claiming or to claim by from or under them or any of them or by from or under any other person or persons whomsoever.

In witness whereof the said David Clark and Sally Clark his wife have hereunto set their hands and seals the day and year above written.
Sealed and delivered
in the presence of
John Winans
Mary W. Clark

David Clark (seal)
Sally (her X mark) Clark (seal)

(The State of Ohio, Miami County) Personally appeared before me, the subscriber, one of the acting Justices of the Peace for said county the within named David Clark who acknowledged that he did voluntarily sign, seal and deliver the within deed of conveyance for purpose therein expressed. Also personally appeared before me the said Sarah Clark, wife of the said David Clark and being examined separate and apart from her said Husband acknowledged the within deed of conveyance to be her voluntary act and deed and that she executed the same with [sic!] the threats, coercion or persuasions of Husband and freely relinquished her right of Dower to the premises within mentioned and desires that same may be admitted to record.

Given under my hand and seal this 31st of January, 1825.

Wm. M. Campbell (Seal)
Justice of the Peace

CERTIFICATION State of Ohio, Miami County, ##:--
I, Horace C. Cromer, Recorder of the aforesaid County, do hereby certify that this is a true and current copy as made from the record of same in Volume 5 Page 384 (Deed) Records of Miami County, Ohio. In Testimony whereof, I hereby subscribe my name and affix my official seal this 15 day of December nineteen hundred and forty-nine.

Horace C. Cromer, Miami Co. Recorder

The first part of the document appears to be unrelated² to the Clark-Carey deed. I can't explain how it came to be recorded ahead of a transaction which took place two months earlier. The sellers of the property are Rev. David Clark (1776-1847) and his wife Sarah (Winans) Clark (1788-1843). The buyers are my g-g-g-grandparents George Carey (1759-1846) and Phebe (Clark) Carey (1765-1850). David and Phebe are brother and sister. The person for whom George and Phebe were "legal representatives" was my g-g-grandfather Benjamin Clark Carey (1801-1877). I haven't been able identify the two witnesseses.

The map on the right, from Tom Midlam's collection, should help you visualize the location of this property within Staunton township. Section 14 is in the middle, directly across the Troy-Piqua Pike from Raper Chapel, where George and Phebe are allegedly buried.