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Archiver > SC-OLD-PENDLETON-DIST > 2002-04 > 1018480662


From: "Eldon Wade" <>
Subject: RE: [SC-OPD] Where's the money?
Date: Wed, 10 Apr 2002 20:18:45 -0400
In-Reply-To: <5.1.0.14.0.20020410054238.00a623f0@pop.mindspring.com>


Hi Kay,
Thank you for that info. I knew Moses was pastor of Big Creek but I
didn't know the ages of legal action.
Thanks again.
Eldon

-----Original Message-----
From: Kay Haden [mailto:]
Sent: Wednesday, April 10, 2002 6:54 AM
To:
Subject: RE: [SC-OPD] Where's the money?


Just a quick comment. Moses Holland was the pastor of Big Creek Baptist

Church when it was constituted. A list of Members dated Aug 23 1801,
includes him as the pastor. This list and some of the early minutes
have
been transcribed at some point and the transcription filmed by LDS.

Also THE SOURCE , reference, has a table of Ages of Legal Action. A 14
year old male and a 12 year old female could testify in court and
witness
documents, as well as choose their own guardian. This is on p. 209-210
of
the 1997 Revised Edition.

At 01:58 AM 4/10/2002 -0500, you wrote:
>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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