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Archiver > SC-OLD-PENDLETON-DIST > 2002-04 > 1018421920


From: "Rex Kirby" <>
Subject: RE: [SC-OPD] Where's the money?
Date: Wed, 10 Apr 2002 01:58:40 -0500
In-Reply-To: <007601c1e02c$f80d7960$49cf2141@eldonathome>


Eldon, Several possibilities come to mind. One is that Richard Wade and
Edward Wade are one and the same person, like maybe Richard Edward Wade.
The person preparing the original deed with Edward Wade as a grantee
(purchaser or heir of an estate) may have used the name Edward in Mr. Wade's
deed. In the absence of an Affidavit of Identity, the person preparing the
deed with Edward Wade as the grantor (seller) to Moses Holland normally
would have used the same name used in Mr. Wade's deed when Wade acquired the
property. The receipt signed Richard Wade is not part of the deed as such
and Mr. Holland may have been perfectly content to accept that signature on
the receipt. Many conveyances of property are between family members or
friends including neighbors and the formality of a name takes on less
significance.
If we assume (or you know) that Edward and Richard are not the same person,
then probably Edward and Richard were kin, perhaps father and son or
brothers. However, unless the laws were different in l804 than what they
are now, Richard did not have to be a relative if Mr. Holland was willing to
give Richard the money for Edward and accept Richard's signature on the
receipt. This would be more a matter of trust on Mr. Holland's part. I
would think that Richard was "of age" (18 or over) but since he was not a
party to the conveyance, I don't believe there would have been any
applicable age limitation. In other words, Richard could have been a 15
year old son of Edward's whom Mr. Holland knew and trusted well enough to
deliver the money to his papa. Then, as now, there are many teenagers who
can be trusted to do the right thing. It's difficult in 2002 for us to
think in 1804 terms but whoever Richard was you can rest assured Mr. Holland
knew (or thought) him to be a responsible person, enough so that he gave him
the money to be delivered to Edward. It is puzzling though that if Edward
was standing right there to sign the deed, I assume he counted his money so
why didn't he just sign the receipt-unless he couldn't count and Richard
could. Even then, if Edward trusted Richard to count his money, Edward
could have very easily signed the receipt. Why did he hand the pen to
Richard?
One other observation - it is legally possible for the receipt to have
referenced the same date as the deed but not actually signed until later.
Edward may not have been present when the receipt was signed. It's also
possible the money was not paid the same day the deed was signed. We may be
assuming more than we should. 1804: A man's word was his bond and a
handshake sealed the deal. A very interesting situation to say the least.
Rex

-----Original Message-----
From: Eldon Wade [mailto:]
Sent: Tuesday, April 09, 2002 8:14 PM
To:
Subject: [SC-OPD] Where's the money?

Hi Folks,
I need your help. I have an 1804 deed from Pendleton District where the
seller was an Edward WADE and the buyer was a Moses HOLLAND. After the
signature of the seller (Edward WADE) at the bottom there is a separate
statement that reads "Received the day and year written mentioned Moses
Holland seventy pounds being the full consideration money for the within
mentioned tract of land - signed Richard WADE"
I have limited experience reading early deeds but I have never seen a
person different than the seller acknowledge receipt of the sales
monies.
What can we conclude, if anything, about this?
Did Richard WADE have to be a relative, say son, of Edward WADE?
What was the minimum age Richard WADE had to be to sign a deed
statement?
Did the buyer simply want somebody to acknowledge he had paid the sales
price and this Richard WADE could be anybody or did Richard WADE have to
be a relative (and have implied authority) to sign in this manner?
Thank you.
Eldon
mailto:
Researching: WADE and HAMES - SC, GA, AL


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