Synopsis
Printed abstract, entry no. 461 from a published deed-abstract book, citing deed book page 203. On 1 May 1809 Jerimiah Able and Ezekiel Able gave James Leath Fortenberry a $1,800 bond to obtain the right to 300 acres. The land included Wm. Smith's Improvement and began at a sugar tree near the fish trap, on a line between Wm. Murfey and Wm. Smith, running until it crosses the Little Bayou to Boyd's corner. The title right was to be made "as soon as rights can be obtained from the U.S.A." (that is, once US confirmation of the earlier Spanish land claim was granted), and it excluded 1 acre at the fish trap. It was signed Jeah. Able and Ezekiel Able. David Farril, Js. Boyd, and Geo. Henderson (JP) witnessed. It was recorded 20 July 1810. The abstract does not name the county. The companion post says Missouri, and the Ables, Boyd, and the Bayou point to the Cape Girardeau district. This same image also appears on the post "James Leath Fortenberry land deed." James Leath Fortenberry's middle name possibly traces back to John Leeth of Anson County, NC (1750s), but this is not yet confirmed.
On 1 May 1809 Jeremiah (Jerimiah) and Ezekiel Able of the District of Cape Girardeau, Territory of Louisiana, bound themselves to James Leath Fortenberry for $1,800 to give him clear title to 300 acres, including William Smith’s improvement, beginning at a sugar tree near the fish trap, on a line between Wm. Murfey and Wm. Smith and across the Little Bayou to Boyd’s corner, as soon as the United States confirmed their own (Spanish-era) claim. They reserved one acre at the fish trap. Ezekiel Able acknowledged the bond before Justice George Henderson; David Farril and Js. Boyd also witnessed. It was recorded 20 July 1810 in Deed Book C, pages 203–205 (printed abstract no. 461). This post combines two earlier posts that shared the abstract image with the full deed-book pages and clearer photographs. James Leath Fortenberry’s middle name possibly traces back to John Leeth of Anson County, NC (1750s), but this is not yet confirmed.
Original post
Jerimiah and Ezekiel Able deed land to James Leath Fortenberry. They first have to receive approval from the US for the land grant from Spain.
Original post 420 (merged)
Transcription of the printed abstract
Transcribed from the image in this post. Spellings are kept as in the original. [?] marks an uncertain reading, and words in brackets are editorial notes.
461. Page 203. 1 May 1809. Jerimiah ABLE and Ezekiel ABLE to James Leath FORTENBERRY. For the sum of $1800, bond to obtain right to 300 acres, including Wm. SMITH's Improvement, beginning at a sugar tree near the fish trap, on a line between Wm. MURFEY and Wm. SMITH, till it crosses the Little Bayou to BOYD's corner. Sd right is to be made as soon as rights can be obtained from the U. S. A., and excludes 1 acre at the fish trap. Signed Jeah. ABLE, Ezekiel ABLE. Test. David FARRIL, Js. BOYD, Geo. HENDERSON (JP). Rec 20 Jul 1810.
Full record and images (from post 1944)
On May 1, 1809, Jeremiah and Ezekiel Able of the District of Cape Girardeau, Territory of Louisiana, bound themselves to James Leath Fortenberry for $1,800. Under the bond they promised to give him clear title to 300 acres, including William Smith’s improvement, beginning at a sugar tree near the fish trap and running down the river, as soon as the United States confirmed their own title. They reserved one acre at the shoal or fish trap. Ezekiel Able acknowledged the bond before Justice George Henderson, and it was recorded on July 20, 1810, in Deed Book C, pages 203–204.
Source files: 1809 5-1 Land Bond JL to Ables pg 1–3.jpg (Deed Book C, pp. 203–205); 1809 5-1 James Leath Fortenberry conditional deed 1–2.jpg and J L Fortenberry name.jpg (clearer photographs of the same pages); 1809 5-1 Land Bond JL to Ables crop 2.jpg (detail); typed abstract 1809 5-1 Page 33 Able to JL Fortenberry.jpg (no. 461); cross-checked against the family’s typed transcription (1809 5-1 Transcription of deed from Ables to James Leath Fortenberry.docx)
Transcription
Spelling, capitalization, and punctuation follow the original. [illegible] marks unreadable text, and [?] marks an uncertain reading. Records on the same pages that are not about the Fortenberry family are labeled.
[Preceding record, not about the Fortenberry family: title bond, James Hanna to John Giboney, 16 Aug 1809 (abstract no. 460):]
Know all men by these presents that I James Hanna of the district of Cape Girardeau am held and firmly bound unto John Giboney of the aforesaid District in the sum of One Hundred Dollars to which payment to [be] made and done unto the said John Giboney his Heirs &c I Bind myself my Heirs &c firmly by these presents in witness whereof I have hereunto set my hand and affixt my seal this sixteenth day of august 1809 —
The condition of the above obligation is such that if the said James Hanna does make or cause to be made unto the said John Giboney a good title to one hundred arpens of land being the place the said Giboney now lives on (that is if said Hanna obtains a title from Government this obligation shall be good and if said Hannah should does not recive a title from Government this obligation to be void and said hanna is to pay back to the said Giboney what he receives of him or the value thereof — the land mentioned begins on a certain gut between Hannas house and Giboneys all on the south of said Gut In testimony whereof I have set my hand the above date
Test: Dens. O Sullivan
James Hannah
Territory of Louisiana District of Cape Girardeau ss
Be it remembered that on the 18 day of July 1810 — Personally came before me George Henderson a Justice of the Peace for Byrd Township in the District of Cape Girardeau the within named James Hannah and acknowledged the within to be his act and deed for the Purpose therein mentioned and to the Intent that the same may be recorded as such I have hereunto set my hand the day and year above written Geo. Henderson J.P.
Received & Recorded the 18th day of July 1810 Geo. Henderson Recorder
Title bond: Jeremiah and Ezekiel Able to James Leath Fortenberry
Know all men by these presents that we Jerimiah Able & Ezekiel Able of the District of Cape Gerardeau and Territory of Lousianna we our heirs Executors Administrators &c are held and firmly bound unto James Leath Fortenberry his heirs Executors Administrators &c of the District and Territory
aforesd in the full sum of one thousand Eight Hundred Dollars Lawful money of the United States signed with our hands and sealed with our seals this first day of May one Thousand Eight Hundred and Nine
The condition of the above obligation is such that if the above boundens Jerimiah & Ezekiel Able theirs heirs and assigns doth make or cause to be made in fee simple (to sd Fortenberry his heirs and assigns &c) a sufficient right to a tract of land including Wm. Smiths improvements begining on a Sugartree near the fish trap and running on a conditional line Betwixt Wm. Murfey and Wm. Smith till it crosses the Little Byo [Bayou] to a corner made by Boyd then running Each End line equel till it takes in three Hundred acres down the river the sd right to be made as soon as rights is obtained from the United States for sd territory then this obligation to be void and of none effect otherways to remain in full force and virtue in Law one acre reserved out of this Bond at the shoal or fish trap to the said Ables
Test: David Farril [Farrel?], Js. Boyd
Jerah Able (Seal)
Ezekiel Able (Seal)
Territory of Louisiana District of Cape Girardeau ss
Be it remembered that on the 20th day of July 1810 — Personally came before me George Henderson a Justice of the Peace for Byrd Township in the District of Cape Girardeau Ezekiel Able one of the within Grantors and acknowledged the within Title Bond to be his act and Deed for the Purpose therein mentioned and to the Intent that the same may be recorded as such I have hereunto set my hand the day and year above written
Geo. Henderson J.P.
Received & Recorded 20th July 1810 Geo. Henderson Recorder
[Next record: a similar title bond from the Ables to Samuel Raney (abstract no. 462). It is transcribed in full on the next page because the Raneys appear with the Fortenberrys and Ables in other records here.]
Know all men by these presents that we Jeremiah and Ezekiel Abble of the District of Cape Girardeau are held and firmly Bound unto Samuel Raney of the sd District in the Just and full Sum of five Hundred Dollars Lawful
[Continuation of the Able–Raney title bond (abstract no. 462). James L. Fortenberry is not named in it:]
money of the united States for which payment to be made we Bind ourselves our heirs & firmly by these presents Sealed with our seals and Dated this 1 Day of January 1810
The condition of the above Obligation is such that if the above bound Jeremiah and Ezekiel Able Doth make a good right in feesimple unto the above Samuel Raney to one Hundred acres of land laying & on or near white water joining on the land which William Cox now lives on Sd Raney has his Choice on either side or end of Sd Cox’s line to run sd hundred in one survey the sd Right is to be made as soon as the Commissioners generally decides on the land titles then this obligation to be void els to remain in full force & virtue in law
Jah. Able (Seal)
Ezekiel Able (Seal)
Sign’d seal’d & Deliver’d in presence of John Shields, Js. Boyd
Territory of Louisiana District of Cape Girardeau ss
Be it remembered that on the 20 day of July 1810 Personally came before me George Henderson a Justice of the Peace for Byrd Township District of Cape Girardeau Ezekiel Able one of the within Grantors and acknowledged the within to be his act and deed for the Purpose therein mentioned and to the Intent that the same may be recorded as such I have hereunto set my hand the day and year above written
Geo. Henderson J.P.
Received and Recorded 20th July 1810 Geo. Henderson Recorder
[Start of the next record, not about the Fortenberry family: James Dowty and Jane Dowty to Martin Rodney (abstract no. 463):]
This Indenture made this twenty fourth of October in the year of our Lord one thousand Eight hundred and Eight between James Dowty and Jane Dowty his wife of the District of Cape Girardeau and Territory of Louisiana of the one Part and Martin Rodney of the District and Territory afforesaid of the other Part Witnesseth that the said James Dowty and Jane Dowty his wife for and in consideration of the sum of Forty Dollars Lawfull money of the United States to them in hand Paid before the Sealing and Delivering of these presents …
This is another photograph of the same recorded bond shown above, covering the bottom of page 203 and the top of page 204. It is not a separate document. The text matches the transcription above.
This is another photograph of page 204. The lower right corner of this copy is torn, which is why the family’s earlier typed transcription notes a missing “filing portion.” The complete acknowledgment can be read on the page 204 scan above.
This copy of page 203 shows the end of the Hanna–Giboney record and the opening lines of the Able bond to “James Leath Fortenberry.” The name is in the recording clerk’s handwriting. It is not James Leath Fortenberry’s own signature.
James Leath Fortenberry
The other entries on this abstract page concern other families. The entries for the pages shown above are transcribed here.
460. Page 203. 16 Aug 1809. James HANNA to John GIBONEY. For the sum of $100, bond to make title to 100 arpens on the S side of a certain gut between HANNA’s house and GIBONEY’s, being the place where sd GIBONEY now lives; if sd HANNA can obtain a title from the government. If title is not obtained, sd HANNA is to return the money he receives of sd GIBONEY. Signed James HANNAH. Test Dens. O. SULLIVAN, Geo. HENDERSON (JP). Rec 18 Jul 1810.
461. Page 203. 1 May 1809. Jerimiah ABLE and Ezekiel ABLE to James Leath FORTENBERRY. For the sum of $1800, bond to obtain right to 300 acres, including Wm. SMITH’s Improvement, beginning at a sugar tree near the fish trap, on a line between Wm. MURFEY and Wm. SMITH, till it crosses the Little Bayou to BOYD’s corner. Sd right is to be made as soon as rights can be obtained from the U. S. A., and excludes 1 acre at the fish trap. Signed Jeah. ABLE, Ezekiel ABLE. Test. David FARRIL, Js. BOYD, Geo. HENDERSON (JP). Rec 20 Jul 1810.
462. Page 204. 1 Jan 1810. Same and same to Samuel RANEY. For the sum of $500, bond to make a right to 100 acres on or near White Water, joining William COX. Sd RANEY has his choice on either side or end of sd line, and sd right is to be made as soon as the commissioners decide on land titles. Signed Jah. ABLE, Ezekiel ABLE, Wit John SHIELDS, Js. BOYD, Geo. HENDERSON (JP). Rec 20 Jul 1810.