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Research in Other Countries => United States of America => Topic started by: Erato on Wednesday 04 July 18 20:51 BST (UK)
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A question for someone who knows about real estate deals:
I have been looking at property transactions in Outagamie County, Wisconsin, specifically a transaction registered on 24 July 1878 at 4:30 PM. C.H. Ware granted a 'release' to Andrew G. Buck. What is a release? Is it a quit claim, meaning that Buck then owned the property free and clear? The transaction was registered in Volume 28M but that volume is not available at FamilySearch. I am guessing that 'M' means that it was a register of mortgages.
What I really want to do is identify the specific piece of property that was transferred. I have paged through a lot of deeds registered in Outagamie County after 24 July 1878 but I can't find this one. How long after a release would the deed be registered? Could it be years later?
http://www.rootschat.com/links/01mb8/
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Modern version. Probably has not changed much.
It must be a written document.
In must include a clause that transfers title, called a granting clause.
It must state the names of the grantor and the grantee.
It must include a description of the property that's being transferred.
It must be signed by a competent grantor. This means that minors and those who have been declared incompetent cannot sign a deed. It must be given to the buyer while the seller is still alive and it must be accepted by the buyer.
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Thanks, but what does it mean? Does it mean that all the conditions of the sale have been met and the property has been transferred to Mr. Buck? If so, shouldn't the deed be registered not too long after the release?
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A release is not normally used to transfer property. It is used to release an encumbrance (such as a mortgage, lien, etc.) on a property. If it appeared in a mortgage book, then it is likely that it was a release of a mortgage, indicating that the debt has been repaid and therefore the mortgagee no longer has a claim against the property.
And btw, a quitclaim deed just means that the grantor does not warranty their interest in the property, so the grantee assumes the risk that another claim may reduce or remove their interest in the property. The word quitclaim refers to the grantor being released from any title claims, not to the grantee being released from an encumbrance. A quitclaim deed is often used when the parties are related and/or no money changes hands.
Steve
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Thanks for your help. In the end, since I was unable to find the 1878 sale of the parcel of interest, I was forced to do it the hard way - search for the original purchase of that parcel by C.H. Ware. That meant toiling through hundreds of pages because the transactions were indexed by seller but not by purchaser. I did do it and the upshot was that C.H. Ware made a number of purchases in the 1850s - 60s, eventually accounting for a large part of the SE 1/4 of section 35 on the western edge of the village, including the particular parcel of interest at the corner of Main and Cherry Streets.
I can't be certain, but I believe this is where the Ware house was located. That would correspond well with C.H. Ware's neighbors as recorded on the 1880 census [which unfortunately did not give street addresses]. The 1889 plat map shows a large house on this lot but by that time the property owner was recorded as Sophia Buck [daughter of Andrew G. Buck to whom I believe Ware sold the property].
This is probably as close as I will come to pinpointing the location of the Ware home. It seems certain that it was somewhere in the SE 1/4 of section 35, and the corner of Main St. would be a good location for a wealthy, hard bitten Yankee merchant like gg-grandpa C.H. Ware.