Richard Oldham to Wm Porter

Land Deed


Transcription of 1856 Smith County, Tennessee Deed

Original from the Tennessee State Library and Archives

County Smith Roll no. 119 Book X Pages 96-97

Type record:  Deed


Transcribed 1 December 2002

By Robert Arnett


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What is significant?

(1)   These are the same three tracts of land [100, 32, and 37 ½ acres] sold by William Arnett to Dick Oldham in 1853 for $406. William Arnett got a land grant in 1832 of 100 acres, a land grant of 32 acres in 1847, and in 1849 he bought 37 ½ acres. These are the same tracts he sold in this deed. 

(2)   In this deed Richard Oldham sells the same three tracts of land to William Porter for $825.

(3)   Richard Oldham [Dick] was married to Nancy Delia [Porter] who was William Arnett’s niece. 

(4)   In this deed Oldham sells the same three tracts of land to William Porter, his father-in-law.  [William Porter is William Arnett’s wife’s brother.]  

(5)   One witness to the deed, Archibald Sloan, is Nancy Delia [Porter]’s grandfather. In the 1850 census, Nancy Delia Porter, age 16, was living with her parents, William and Polly Porter. Polly’s father was Archibald Sloan.  According to the 1850 census, William Porter’s farm is next to William Arnett’s farm. 

(6)   The other witness was W. A. Ballow whose farm was nearby.

(7)   This deed states the first tract of land is on “Peyton’s [Creek] west boundary”.  Earlier deeds show this is on the West fork of Peyton’s Creek above Pleasant shade, not on Peyton Creek.

(8)   Why is the “Arnett line” mentioned in this deed? “ to a sugartree in Said Arnetts line of another tract or survey.”   

(9)   The deed states this is in “District # 6.”

(10)A related document states that Samuel Oldham, Richard Oldham’s father, died on 31 December 1856 which is only one week after Richard sold this land. 

(11)William Porter, the buyer in this deed had a farm adjacent to one of the tracts purchased. One tract goes to “a birch on Wm Porter’s corner”. 

(12)The Andersan farm is next to the 32 acre tract. 

(13)Two of the tracts [the 100 and 32 acre tracts] are adjacent to each other and are on the West fork of Peyton’s Creek.  The third tract, according to a previous deed, is located elsewhere, possibly on Dixon’s Creek.

(14)The 100 acre tract of this 1856 deed begins on a birch marked “W.A.”  [Note the original 1856 deed has “W’ and an upside down “V” which was most certainly an “A”]  William Arnett’s 1832 100 acre land grant [which is the same 100 acres in this 1856 deed] began on a beech/birch marked “W A”. In William Arnett’s 1853 land deed sale, the 100 acre tract [the same as in this deed] began on a beech/birch marked “W A”.   

(15)A “pole” is 16.5 feet.


         Begin Transcription

         I Richard Oldham do hereby transfer and convey to Wm Porter and his heirs forever for the consideration of Eight Hundred and Twenty-five dollars to me paid the several tracts of land all in the State of Tennessee and County of Smith District No. 6 and bounded as follows:  The first [tract] beginning on a birch marked W A [Transcribers’s note: the original 1856 deed has a “W” and an upside down “V”, but this same tree is marked W A in two previous deeds] on Peyton’s West boundary line running thence west with said line one hundred and twenty-six and a half poles to a bunch of [sour?] woods thence north one-hundred and twenty-six and a half poles to a ________ Thence East one hundred and twenty-six and a half poles to a stake Thence south one hundred and twenty-six and a half poles to the beginning.  Containing one hundred acres.    Also one other tract or survey containing thirty-two acres and beginning on the same birch running thence west ninety-three poles to a stake in Andersan’s line.  Thence south with Andersan’s line fifty-four poles to a sugartree in said Arnett’s line of another tract or survey.  Thence East ninety-five poles to a birch William Porter’s corner.  Thence north fifty-four poles to the beginning.  Also one other survey containing thirty-seven and a half acres.  Bounded as follows Beginning on a birch and Black Walnut and on the East boundary of a tract of land claimed by the heirs of Francis _______ [Transcriber’s note:  the 1853 deed for the same land and point in the deed lists Francis Parker] and running thence north one

hundred and nine poles to a Dagwood and two birches thence west fifty-five poles to a stake in the above mentioned old line thence south with the said old line to the beginning.  To have the above land to hold the same to the said William Porter that I am lawfully _______ of said land have a good right to convey it and that the _______ is unencumbered.  I do further covenant and bind myself my heirs and ________ to warrant and forever defend the title to the said land _____ _____ _____ thereof to the said William Porter his heirs and ________ against the lawful claims of all persons whatsoever this the 22nd day of December 1856.

Executed and _______ in our presence this 22nd Dec 1856

__. R. Sloan


W. A. Ballow


Tennessee Smith County

Personally appeared before me David C. Sanders clerk of the County of the County Court Smith county Richard Oldham with whom I am personally acquainted and who acknowledged that he executed the forgoing deed for the purposes therein contained.  Witnessed my hand at office the 6th November 1857.

Rec’d [Recorded] Nov 6th 1857 at 4 pm.

D. C. Sanders _____

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