Sheriffs and Other Grantors You Should Know
You’re stuck. You were tracing your ancestor’s land ownership, and everything was going just fine. He bought; he sold; he bought; he sold; he bought again . . . but when and where is the sale of that last tract? It’s clear he didn’t own the land when he wrote his will, so what happened to it?
Since the recording of deeds was not a legal requirement for most of US history, it’s entirely possible that your ancestor sold his land and signed a deed, but the grantee simply didn’t record it at the county court house. But there’s another common possibility that isn’t commonly considered.
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Comments
In Virginia, the usual name in the grantor index is a commissioner appointed by the Court. And he is not indexed under the word “Commissioner” but under his own name, with the words “Special Commissioner” or “Commissioner of Sale” added. In order to get around this stumbling block in a title search it is often necessary to check the Land Tax books for the time during which the property was sold, scanning the lists for a property of the right location and acreage.
Thanks for the tips on finding ancestors whose deed records are elusive. Have you come across or heard of former enslaved persons showing up in land records where the sheriff (or others with similar positions) is the grantor?
Hi, Ashley. I can’t say that I’ve seen that scenario, but based on your question, I’ll be keeping an eye out for that!