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Friday, November 20, 2015

C. B. and William F. Sharp Property Sale to Delila Sharp, Livingston Co., Ky., 1888

On 22 November 1888, C. B. Sharp and his wife, William [Willie] F. Sharp, sold a 200-acre farm in Livingston County, Kentucky, to Delila Sharp, also of Livingston County, Kentucky, for $300.1 A transcription of the deed follows the image.

[MS page 151]


Warranty Deed

C. B. SharpFor the consideration of Three Hundred Dollars cash in
To / Deedhand the receipt Whereof is hereby acknowledged, We C. B.
Delila SharpSharp and William F. Sharp his wife of Livingston County
Tax & fees to beKentucky have sold and by these presents convey unto Delila
Pd. To A. LowerySharp of same county & state, the following described tract
or parcel of land, lying in Livingston County Kentucky.
Examined

[MS page 152]
All Our right, title interest and claim which we now have or
may hereafter have by inheritance or otherwise in and to the following
described real estate, on the waters of Magilligan [McGilligan] Creek and
bounded thus _ Beginning on a white oak and sassafras corner
to Orvil Newman, thence S 78 E 72 poles to a white oak on the
top of the bluff thence, N 30 E 31 poles to a black oak thence
N 20 E 60 poles to a stone thence N 25 E 34 poles to an elm on the
top of said bluff thence N 15 W 12 poles to a Stone, thence N 15½ E 85
poles to a sweet gum in a branch corner to Stallions & Pace, thence
down the branch with its meanders when reduced to a straight
line N 71 W 36 poles to a sweet gum and over-cup oak thence down
the branch again with its meanders N 55 W 68 poles N 79 W 14 poles
to a hickory in Kidds line and with said line S 15 W 96 poles to a
stone corner to Kidds thence S 79½ W passing a corner on two White
oaks & hickory at 93 poles in all 151 poles to a hickory red oak and
Elm on a branch thence up the branch with its meanders when
reduced to a Straight line S 11 W 60 poles to a stone thence N 82 E 58 poles
to a dogwood sapling thence S 22 W 58 poles to the beginning, containing
Two hundred and Sixty acres more or less. This deed excepts Sixty acres
of the S.W. corner off said tract deeded to W. P. Washer and wife.
To have and To hold, said land and all the improvements
thereon, to the Said party of the Second part her heirs and
assigns forever, with covenant of General Warranty. In
testimony Whereof I together with my Wm. F. Sharp who
relinquishes all her right of dower & homestead in said land
hereunto, sign our names, this the 22nd day of Novr 1888,
C.B. Sharp (seal)
Willie F. Sharp (seal)
State of Kentucky}
Livingston County }     I   J. M. Worten Clerk of the County Court
for said county, Certify that the foregoing deed to Delila
Sharp, was on the 22nd day of November 1888, acknowledged
before me by C.B. Sharp & Willie F. Sharp his wife to be their
act and deed, for the purposes therein contained. Given under
my hand, this 22nd day of November 1888.
J. M. Worten Clerk,
By Allen Lowery DC
State of Kentucky} Sct.
Livingston County }     I   J. M. Worten, Clerk of the County
Court for the County & State aforesaid do hereby Certify
that the foregoing deed to Delila Sharp, was this day
Lodged to be and is with this and the foregoing Certificate
[Copy truncated here]

Commentary:

This transaction is between a son (C. B. Sharp) and his mother (Delila Sharp).2 It is the second of a pair of transactions recorded on the same dates (22-23 November 1888). The first transaction (in a separate blog post) transfers property from Delila Sharp and to C. B. Sharp (also for $300). The net effect of the two transactions is a property swap.
This deed reveals that C. B. Sharp is married. The phrase "We C. B. Sharp and William F. Sharp his wife" says this and also the statement "Wm. F. Sharp who relinquishes all her right of dower & homestead in said land" reinforces it. In common law states, when a married man sold land, the deed would have a clause where his wife would relinquish her dower3 interest in the property. This would protect the new owner from having a widow attempt to claim her dower right in the property, in case the seller (her husband) died.
The metes and bounds property description in this deed, "Beginning on a white oak and sassafras corner ..." is the same as the property description of the farm in William C. Sharp's 1869 deed.4 No other Livingston County deeds have been found between 1869 and 1888, with C. B. Sharp as grantee. This suggests that C. B. Sharp acquired this property when his father's estate was settled. Probate records may exist which support this.
At the time this deed was signed, the original 260-acre farm had been split into two parts: the 200-acre parcel which is being transferred by this deed and a 60-acre parcel which was owned by W. P. and Ida B. Washer. This division reflects the wishes of William C. Sharp in his 1884 will: "5th I desire that my daughter Ida B. (now Ida B. Washer wife of W.P. Washer) have and receive for her portion of my estate, Three land notes held by me against her husband for about One hundred Dollars each amounting in the aggregate to about three hundred dollars."5


1. Livingston County, Kentucky, Deed Book 16: 151-152, C. B. and William F. Sharp to Delila Sharp, 22 November 1888; recorded, 23 November 1888; Livingston County Clerk, Smithland.
2. Livingston County, Kentucky, Will Book C:92-93, William C. Sharp will, 2 June 1884; recorded 7 April 1885; County Clerk, Smithland. [See blog post: William C. Sharp's will, 1884, Livingston Co., KY, for a discussion of Charles's relation to Delilah.]
3. Henry Campbell Black, A Dictionary of Law (St. Paul, Minn. : West Publishing Co., 1910), 395, “dower.”
4. Livingston County, Kentucky, Deed Book 7:354-355, Web Owen to William C. Sharp, 22 May 1869; recorded, 6 July 1869; Livingston County Clerk, Smithland. [See blog post: Sharp Family Land Purchase, Livingston Co., KY, 1869]
5. Livingston Co., Ky., Will Book C:92-93, William C. Sharp.