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Tracing transfer of real property

Tracing transfer of real property

Posted: 4 Nov 2013 4:46PM GMT
Classification: Query
Edited: 4 Nov 2013 4:57PM GMT
Surnames: Pearsall, Knox, Gilchrist, Usher
I'm trying to find the legal documents that describe the transfer of property. My 2nd great grandfather Stephen Pearsall purchased 100 acres from William E. Kendall on 12/1/1886 (Lot 24 in JM McCormick League Fort Bend County | Book T Page 566 of Fort Bend County deed records). He also purchased another 100 acres jointly with Alfred Usher from W.E. Kendall the same day (Lot 25 Book U Page 53). Alfred Usher purchased another 100 acres on his own next to the other 2 lots (Lot 26 Book T Page 564).

On 3/16/1899, there is a deed describing the sale of 300 acres (Lots 24, 25 and 26) from Alfred Usher and the heirs of Stephen Pearsall and his late wife Jane Pearsall (it then lists the heirs - John K. Pearsall and wife Bettie Sue Alton-Pearsall, Julia Pearsall-Gilchrist and husband Jackson Gilchrist, JSD Knox and wife Francis Pearsall-Knox). They sold it back to W.E. Kendall.

A few weeks later on 4/1/1899 Alfred Usher bought Lots 24 and 25 from W.E. Kendall.

I have not been able to locate a will or probate records describing the transfer of Stephen's ownership in Lot 24 and partial ownership in Lot 25 in both Colorado County (residence according to deed) or Fort Bend County. I do not know if Stephen died with a will.

Questions
1. Where else could I look to find a description in public records of this transfer ?
2. All 3 lots were recorded in one deed. Alfred had shares in Lots 25 and 26 while Stephen's heirs had shares in Lots 24 and 25. Does the fact that all 3 were recorded in one deed necessarily mean that all parties involved had shares of ownership in all 3 lots ?




Re: Tracing transfer of real property

Posted: 29 Jul 2015 12:32AM GMT
Classification: Deed
I can offer a small suggestion, may or may not help. Read the property descriptions carefully. The property may be described by referencing a transaction that happened
several generations ago. This is legal, yet raises a red flag. If you do not see a clear conveyance path in the grantor/grantee index, something is amiss. Also in Texas you have two parts to consider when land transfers, the mineral estate, legally the superior estate, and the surface estate. Look at the deeds to see what is being conveyed. Usually, often, the grantor will reserve some of the mineral estate when selling the surface estate. One thought, if all three are mentioned in one deed, their
respective interests should be mentioned, undivided interests perhaps? I am not a lawyer, this is not legal advice, just from my own experience. I have found that probably most land men and lawyers are trustworthy, some are not, and you just cannot know. Best of luck to you.
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