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Archiver > GA-ROOTS > 2001-11 > 1006909743


From: "Eldon Wade" <>
Subject: RE: [GA-Roots] Rules for Deed subscribing witnesses
Date: Tue, 27 Nov 2001 20:09:03 -0500
In-Reply-To: <F196pdpcib6Tsb8kZnG000092e7@hotmail.com>


I may not have made myself clear. What I meant to say was my
ggg-grandfather was the purchaser (he did not sign) but my
gggg-grandfather was the subscribing witness.
Eldon

-----Original Message-----
From: Gerald Gieger [mailto:]
Sent: Tuesday, November 27, 2001 5:31 AM
To:
Subject: RE: [GA-Roots] Rules for Deed subscribing witnesses


I don't understand why the purchaser signed...It should only be the
seller...and his witnesses...


>From: "Eldon Wade" <>
>Reply-To:
>To:
>Subject: RE: [GA-Roots] Rules for Deed subscribing witnesses
>Date: Mon, 26 Nov 2001 19:50:57 -0500
>
>Interesting point. For the specific deed in question my
>ggg-grandfather was the purchaser but my gggg-grandfather was the
>subscribing witness. I suppose this could be just a matter of
>convenience. Eldon
>
>-----Original Message-----
>From: Gerald Gieger [mailto:]
>Sent: Monday, November 26, 2001 6:57 PM
>To:
>Subject: RE: [GA-Roots] Rules for Deed subscribing witnesses
>
>
>One other point in your scenario...the Purchaser of Land does not have
>to have anybody to Witness, since he does not sign...Only the
>sellers...albeit
>the buyer is listed in the instrument with his place of residence, he
>does
>not sign. If a mortage is involved, the buyer might sign a Deed of
>Trust,
>but not in outright purchases....
>
>
> >From: "Eldon Wade" <>
> >Reply-To:
> >To:
> >Subject: RE: [GA-Roots] Rules for Deed subscribing witnesses
> >Date: Sun, 25 Nov 2001 12:20:31 -0500
> >
> >Hi Gerald,
> >Thanks for the response. What is your opinion if the witness is my
> >father and he is an out of state resident? For an example, If I
> >wanted to use my father as the subscribing witness on a deed where I
> >am buying
>
> >land (my father being a resident of a different state) do you think I

> >or someone else, like my uncle, could convince the clerk/notary/jp
> >that
>
> >my father is who he says he is and thus my father be an acceptable
> >subscribing witness to my deed where I am buying land in 1825?
> >Thanks, Eldon
> >
> >-----Original Message-----
> >From: Gerald Gieger [mailto:]
> >Sent: Sunday, November 25, 2001 4:36 PM
> >To:
> >Subject: Re: [GA-Roots] Rules for Deed subscribing witnesses
> >
> >
> >As a general rule, the person subscribing as a Witness needed to be
> >someone who had no material interest in the instrument, i.e., they
> >could be a
> >relative but should not be in the direct line of succession...They
do
> >not
> >have to be resident of the same County because the same instrument
> >could
> >
> >have been filed in more than one County, especially if the makers
> >were residents of different Counties...The Witness only had to
> >satisfy the Clerk or Notary that he was who he said he was (the
> >Acknowledgement says that he is "known or proven to be"), and that he

> >witnessed the signing for the purpose intended, i.e., transfer of
> >Title to land, Slaves, other property,
> >or Last Will and Testament.
> >
> >The person making the instrument would want Witnesses who were
> >identifiable in order to prevent a Court challenge at some future
> >time(there were usually two or more, in case one died), which the
> >maker was sworn to defend...
> >
> >Rules were similar to what are acceptable today; you don't just pick
> >up
>
> >someone standing on a street corner and make them a Witness...and the

> >Witness cannot benefit from the instrument.
> >
> >
> > >From: "Eldon Wade" <>
> > >Reply-To:
> > >To:
> > >Subject: [GA-Roots] Rules for Deed subscribing witnesses
> > >Date: Sun, 25 Nov 2001 10:05:58 -0500
> > >
> > >Hi Folks,
> > >Pardon the cross posting but let's play 5 questions:
> > >1. What were the rules (or law) for people to act as a subscribing

> > >witness to a deed in Hall Co GA in 1825? 2. If a person was a
> > >subscribing witness on a deed in 1825 Hall Co does that mean he had

> > >to be a resident of Hall Co? 3. If a person was a resident of
> > >another GA county but was a witness on a Hall Co deed would they
> > >have
>
> > >noted in the
> >
> > >deed he was from that other GA county?
> > >4. If a person was a resident of another state would they be
> > >allowed
> >to
> > >be the subscribing witness on a Hall Co GA deed?
> > >5. Did the subscribing witness have to prove who he was or did the

> > >clerk or official of the county who accepted the deed for recording
> >have
> > >to personally know the individual who was the subscribing witness
> > >on
> >the
> > >deed?
> > >
> > >Thank you,
> > >
> > >Eldon
> > > <mailto:> mailto: Researching
> > >surnames: Hames (SC,GA,AL), Jaquess Jaquish Jaques (TN,AL), Wade
> > >(VA,SC,GA,AL)
> > >
> > >
> > >
> > >
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Thou shalt not forward any chain letter, (unless it's funny or deals
with genealogy).
AGE AND TREACHERY WILL ALWAYS OVERCOME YOUTH AND SKILL


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