Genealogy: Searching in a Courthouse
Tree Tips
Land transfers were not always recorded. The land may have been inherited rather than transferred by deed, or deeds among family members may not have been taken to the courthouse in order to save the recording fee. Diligent searching, however, should produce something, perhaps even years after the original purchase, when the land was sold out of the family.
Lineage Lessons
Sometimes the buyer never returned to the courthouse to retrieve the now-recorded document. The original deed of your ancestor's property may be in that old box marked “original deeds” or “unclaimed deeds” on the top shelf, gathering dust.
The History of the Farm
Be sure to take with you the names of the people you are seeking, the records you hope to find, and an idea of the time period. Perhaps at the top of your priority list you noted your desire to examine the deed to the old family farm. If so, your first step is to locate the office that holds the land records. There are a variety of offices in the courthouse: the County Clerk's office, Circuit Court Clerk's office, County Recorder's office, and others. Check the directory that is usually posted on the wall near the front door to find the right office.
Deeds have almost always been indexed. Land was important. A way to keep track of who owned it was essential. A deed was signed by the seller, who gave it to the buyer as proof of the sale. The buyer usually then took it to the courthouse. The seller or the witnesses came in to court to verify that the grantor signed it. This created a notation in the court minutes (a book recording a day-by-day account of what happened in court) that it was acknowledged, and the court ordered the transfer of property to be recorded. Usually, the original deed remained with the clerk of the court for several days, or even weeks, until he had a chance to transcribe it into one of the deed books. The original deed was then returned to the new owner.
Genie Jargon
The record books are normally stored in vaults—fireproofed rooms designed to help prevent destruction of the books in case of a fire.
The Approach to the Clerk
When you enter the deed office, a clerk will offer to assist you. Do not go into the details of your family's history. The clerk is no doubt busy with the day's current activities and has no time to get involved. Instead, because you know what you want, simply say, “I would like to see the deed indexes for 1800 through 1875” (or whatever records and time period you are seeking). The clerk might take you into the vault and show you where to find the indexes, or just point you to the vault and let you proceed on your own.
Indexes Tripping You Up!
Enter the record room and look around for the index books. Deeds are always indexed under both seller and buyer. There might be separate indexes: one for grantor (seller), sometimes called a Direct index, and one for grantee (buyer), sometimes called an Indirect index. Alternatively, the grantors and grantees may be listed together in one book called a General Index. If so, the grantors may be in the front part of the book, and the grantees in the back. In other variations the left page could be the grantor index, and the right page the grantee index. Or they may simply be intermingled, entered as they were recorded. In this case an additional column shows “to” or “from,” indicating whether it was a grantor or grantee. Each index book covers a period of time. Index Book No. 1 may be for 1802-1840, Index Book 2 for 1841-1890, and so forth.
For example, if the clerk transcribed the original deed into Deed Book A, page 121, he would then index the deed in an index book under the name of the seller and under the buyer, and show the book and page reference in the index. If there was more than one seller or more than one buyer (perhaps the property was owned jointly by John Mathews and his brother-in-law David Donaldson, and sold to George Graham and his wife Martha Graham), the deed was then usually indexed in each of the sellers' and buyers' names. There are exceptions.
Lineage Lessons
A court clerk might suggest that you need only look at the grantee index, and not the grantor index. Don't listen! There can be a variety of reasons why the purchase was not entered in the grantee index, although later the sale appears in the grantor index. The first deed may have been a patent or grant from the state or federal government, inherited, overlooked when the index was prepared, or just not recorded. Always check both indexes.
Sometimes the record was indexed only under the name of the first grantor (seller) or the first grantee (buyer) listed on the document, with the notation et al. (et alii, meaning “and others”) or et ux. (“and wife”) following. If it shows only “John Mathews, et al.” or “George Graham, et ux.,” be sure to follow through and locate the actual deed. It will reveal the names of the rest of those involved (referred to as the parties in legal documents). Any record in which there are multiple parties should be carefully examined; often it is a transaction between family members.
Making Sense of the Index
Open the index book, and see if it is a standard index and easily understood. There should be a diagram or chart and an explanation of the indexing system used in that county. Read it carefully. If, after a few minutes, you are still unsure, ask the clerk to explain the system.
In the figure, using the so-called Russell system of indexing, go to the index book with the initial letter of the surname you are tracing. Then determine the first key letter as listed at the top of the figure (l, m, n, r, or t), to find where in the deed books the surname is indexed. For example, if the surname is Martin, then you are searching in the M index. Ignoring now the initial letter of the surname (you are already in the M book), search for the first key letter. The next letter is a, not one of the key letters (l, m, n, r, and t), so it is ignored. The next letter, r, in Martin, is the first key letter of that name. Looking at the columns, you note that Martin is therefore indexed on pages 14, 24, 34, 44, 54, and 64.
In the left column of the same figure, the letters ABCD, EFGHI, and so on, represent the initials of the given name. If you are searching for Abraham Martin, go to page 14 of the index. If you are searching for Mary Martin, proceed to page 44 of the index.
If you are searching a name such as Rowse in the Russell system of indexing, because there are no key letters (l, m, n, r, or t) following the initial letter of R, you would use the Miscellaneous column. (Anything not falling within the key letters is considered miscellaneous.) Abraham Rowse would be on page 16, while Mary Rowse would be on page 46. The Russell index, though prevalent (and still in use), is only one of numerous types of indexes.
What Should You Note?
After you determine how to use the index, look for entries that involve your family. The indexed entry will include the name of the grantor and grantee along with the date of the document, date recorded, type of document, book and page where it is recorded, and perhaps a very short property description showing the township, lot number, waterway, or other brief designation.
While you search the index, note the column that designates the type of deed. Typical designations might be warranty deed, deed of trust, gift deed, power of attorney, partition, or others. Each is a specific way of conveying land or rights. You will, in the course of your research, become familiar with all these terms and understand the value of each.
Be sure to note the reference given in the index: the book or volume number and the page number. You will need this to find the document. Note, too, the type of document.
Lineage Lessons
When you find the book and page reference, take note of any abbreviations that appear immediately before the volume number. There may be separate volumes for specialized records. For example, “PA” (Power of Attorney), “DT” (Deed of Trust), or some other designation, might precede the volume number.
Search Strategies in Deeds
While you are working with the deeds, take some time to copy all the index entries for your surnames of interest in the appropriate time period. If, after you return home, you find that you need another deed, you can order it by mail, citing the book and page number. (Or you may be able to order microfilm of the records from the Family History Library.)
Be particularly alert to indexed entries that appear to involve several people. They could be family members. The words et al. (“and others”) can be a tip-off to such transactions. If the document is designated Power of Attorney, Gift Deed, or Partition (involving divisions), or if an estate is mentioned, then you should take the time to examine it. These types of documents often show familial connections.
Is He Augustus W. Redman, A. W. Redman, or Gus?
Consider possible alternate versions of the first or given name. This will include initials, first and middle name reversed, and even nicknames. George Washington Smith may be found as George, as Washington, G. W., George W., Washington G., W. G., G. Washington, and Wash. It will be important to know all the variations. If you don't know that Patsy was a nickname for Martha, Nabby for Abigail, Jane and Jennie for Virginia, Polly for Mary, and others, you may miss the listing you are seeking. Christine Rose's Nicknames Past and Present includes many hundreds of nicknames, all cross-indexed.
Tree Tips
If the early deed books started with A, B, and C, the set following after the letter Z may begin with 1, 2, and 3; or, it may begin AA, BB, CC; or even 2A, 2B, 2C; and so on.
It's There Somewhere
You searched the index and noted a deed to what appears to be the old family farm, listed as Book B, page 510. Look around and see if you can find some books that are marked on their spines with the word “Deeds.” Watch for Books A, B, C, and so on.
It is permissible to remove a deed book from the shelf and put it on the counter for examination, but be sure to put it back (in the same spot) when you are finished. The counters on which you will be working are usually high and slanted. Other researchers (perhaps title searchers from the local land title companies, attorneys, or other genealogists) will be working there, also.
Use as little counter space as possible. If you have a coat, hat, umbrella, or briefcase, find a spot off the counter to place them; counter space is generally limited.
Finally … It Is in Hand
After you find the Deed book you seek, turn to the page you noted from the index. The document you want should start on the indexed page. Follow it through to the end, which may be several pages later. In Transcribing and Summarizing Genealogical Documents you learned about transcribing and abstracting. Use those techniques to get the information, or if you wish to have a copy of the entire document, ask the clerk about photocopying costs and procedures. The fees vary but usually are nominal.
Excerpted from The Complete Idiot's Guide to Genealogy © 2005 by Christine Rose and Kay Germain Ingalls. All rights reserved including the right of reproduction in whole or in part in any form. Used by arrangement with Alpha Books, a member of Penguin Group (USA) Inc.
To order this book visit the Idiot's Guide web site or call 1-800-253-6476.
