The Heritage of Daniel Haston

 

David Haston's Transfer of Land
to Son, William Carroll Haston, Sr.

I, David Haston, of the County of Van Buren and State of Tennessee, have this day bargained and sold and do hereby transfer and convey unto William C. Haston of the County and State aforesaid for the consideration of One Thousand dollars to me paid the receipt is hereby acknowledged for the following described tracts of land as follows, to wit:

First Tract:  Beginning on a white oak on a conditional line with Jacob Mitchell, running thence with his line down the spring branch North fifty degrees East fifty poles to a maple then East sixty poles to two hickories;  then South one hundred and two poles to two poplars;  then Westwardly with a conditional line made by William Denny Jr. and myself to pointers on a conditional of Joseph Haston;  then with said line North forty degrees West sixty five poles to the beginning, containing fifty acres.  Grant No. 529.

This "first tract" was the 50 acres tract that David Haston purchased from Charles Mitchell on January 16, 1812 for $610.  Charles Mitchell had purchased it from its original owner, Isham Bradley.

2nd Tract.  Beginning at a white oak marked J.B. the above beginning of first tract;  running thence with said line South forty degrees East one hundred and fifty poles to a poplar and hickory;  then West one hundred and thirty five poles to a white oak and white hickory;  then North twenty degrees East to a stake and pointers sixty poles;  then North fifty degrees west forty two poles to a white oak;  then North fifty degrees East thirty poles to the beginning, containing fifty acres more or less.  Grant No. 550.

This "2nd tract" was the 50 acres tract that David Haston purchased from his brother, Joseph Haston, on February 15, 1809 for $200.  The mark "J.B." on the white oak should actually be "I.B." for Isham Bradley, whose land (as the original owner) adjoined this tract.

3rd Tract.  Beginning on a white oak standing on the big spring branch, running thence South five degrees East, passing through the head of the big spring at eight poles, in all forty two poles to a stake and pointers;  then South twenty degrees West sixty poles to two white hickories and white oak;  then westwardly to a rock and with a conditional line made by Joseph Haston through the field as the cross fence now runs leaving the fence on my land, on with the fence as it now is on to the old line, on a black oak and double dog wood;  then South eighty two degrees east seventy five poles to the beginning, containing fifty acres more or less, deed from J. Brady 1826.

This "3rd tract" was probably 50 acres (Haston Station "home place") that David Haston inherited from his father, Daniel, at the time Daniel's death.  The metes & bounds "calls" begin exactly like the ones in Daniel Haston's 1808 land grant # 535.  

Daniel's 150 acres from land grant # 535 was (apparently) divided into three 50 acres tracts--50 acres for Isaac, 50 acres for Joseph, & these 50 acres (Daniel's "home place") for David, the eldest son.  This description would seem to indicate that David got the eastern part, Joseph the middle part, and Isaac the western part of Daniel's 150 farm.

The 1826 date would support the strong probability that this was an inheritance from Daniel, who died in that year.  Who knows who J. Brady is?  Perhaps he was simply the man who registered the deed.  It would seem that there is some discrepancy in the latter "calls" of these metes & bounds, since they don't seem to form a polygon of any sort.

4th Tract.  Beginning at a stake, dogwood and hickory pointers on the side of the mountain, running then South seventy seven poles to a black gum;  then West one hundred and twenty four poles to a poplar on Shockleys line;  then North ninety two poles to a black oak;  then East one hundred and twenty four poles to a stake;  then South fifteen poles to the beginning, containing 71-1/4 acres, more or less.  Grant No. 1787.

This "4th tract" was 71+ acres of vacant land that David purchased for 1 cent per acre on July 27, 1829.  This tract was mentioned several times in the court case involving C.T. Haston and Ella Harris.

5th Tract.  Beginning at a hickory and dogwood, running then West thirty eight poles to a poplar;  then South eighty one poles to a black oak and dog wood pointer;  then East one hundred and thirty four poles to a rock;  then North crossing a Spring branch in all seventy four poles to two dog woods;  then North eighty four degrees West seventy six poles to a large Spanish oak;  then North thirty seven degrees West forty seven poles to a stake, yellow wood and dog wood pointers;  then South thirty three poles to the beginning, containing seventy acres more or less.  Grant No. 3319.

This "5th tract" was perhaps* the "100 acres" of vacant land (excluding the improvement whereon Robert Kimbrel formerly lived) that David purchased for 1 cent per acre on February 5, 1827.  The assignee of this land was Isaac Dodson.  Does that mean that Isaac Dodson had owned the land but vacated it, making it available for the TN State General Assembly price of 1 cent per acre?

Apparently, the "Robert Kimbrel" improvement exclusion amounted to about 30 acres, giving David 70 acres of the 100 acre tract.

*Note:  The Grant No. 3319, does not match the # 1278 or # 911 on the February 5, 1827 transaction, so we can't say for sure that this was that tract.  However, tracts generally had severally descriptive numbers--grant number, certificate number, deed number, etc.

This tract was mentioned several times in the court case involving C.T. Haston and Ella Harris.

To have and to hold the afore said tracts of land to the said William C. Haston, his heirs and assigns for ever.  I do covenant and agree to and with the said William C. Haston that I am lawfully seized of said tracts of land, have a good right to convey the same and that the same is unincumered [sic].  I do further bind myself my heirs and representatives to warrant and for ever defend the title to said lands and every part thereof to the said William C. Haston his heirs and assigns against myself my heirs and all persons claiming the same, except the fifth tract of land mentioned in this deed, I only warrant the title of it against my self and no further.

This 27th day of January, 1854

Witness:                                                       David Haston.       (Seal)

W.B. Cummings.
Jesse Whitmore


Source:  Exhibit No. 1 (pages 157-159 or 140-142; two sets of hand printed page numbers) from the Van Haston deposition in a court case (C.T. Haston, et. al. vs Ella Harris, et. al) that began in a Chancery Court in Van Buren County, TN and was eventually settled in the TN State Supreme Court in Nashville, TN.  The first page of the document bears the numbers 21989-90 and MT 1602.  This document (more than 300 pages) is available from the TN State Library and Archives.  (This "Exhibit No. 1" entry begins with:  "Oct. 20th, 1903, files, as follows:")