Saturday, October 24, 2009

A Deed Gone Bad in Bexar Co., TX, With Adelicia Acklin In The Middle

It came to my attention that Isaac Franklin, the first husband of the wealthy and famous Adelicia Acklin, owned land in Texas that would have been of interest to Adelicia as an heir-at-law of the said Mr. Franklin, deceased. After a visit to Adelicia's estate, Belmont, in Nashville, Tennessee, I wanted to know more.

The office of the County Clerk of Bexar County, Texas, has the deeds online!!! They can be copied and printed!! For free!! Just register! The older deeds [1 January 1837 - 27 December 1964] are in the historic section; more recent deeds can be found, too. Now Franklin and/or Acklin deeds have been found!! Below is a portion of the original deed (Bexar Co., TX, B2-300):

The Texas land conveyed to Isaac Franklin is referenced here in a court case, Paschal v Acklin 27 Tex. 173, found in "Cases argued and decided in the Supreme Court of the State of Texas, Volume 48": Some of the pertinent facts included:

"...5th of July1837...Pleasant Branch Cocke conveyed to Isaac Franklin, in the City of New Orleans, among other property, the undivided one half of the property in controversy, being as before stated, 166 varas front on the east side of Solidad Street, and running for depth to the river, in the city of San Antonio, being the 5th parcel of land in the deed of conveyance. This deed was duly filed for record in the County of Bexar, on the 30th day of August, 1844, and forms the basis of the claim for plaintiff."

"On the trial plaintiffs also introduced a deed from P. B. Cocke from R. R. Barrow, dated March 12, 1839, and another deed from R. R. Barrow to F. L. Paschal, dated ___ 1851, for the purpose of showing that plaintiffs and defendants deraign title from same source."

"First of those two deeds conveyed to Barrow one fourth part of the land in controversy, reciting that one undivided half of same had been previously sold to Isaac Franklin. The other is a Quit Claim Deed and conveyed to Franklin L. Paschal all the right, ....after purchase from Barrow, F. L. Paschal divided the entire parcel of land into five (5) lots, which were by him conveyed as follows:

2 lots to Kampmann & Fries on 12 May 1852
1 lot to Methodist Church, 1 Sept 1852
1 lot to R. T. Crigler, 29 July 1852
1 lot Paschal retained for himself

The result of an error in the deed in this case was a court case (Paschal v Acklin 27 Tex. 173). Where the error occurred is evident in Question #13 below.

#13: (Q) Do the deeds from Cocke to Barrow and from Barrow to Paschal show that Isaac Franklin was part owner of the land in controversy? A: The deed from Cocke to Barrow does show that Franklin was half owner, but that from Barrow to Paschal does not.
#16: Was portion sold to undivided portion of same tract originally owned and sold by Casiano? (Yes)

#17: Paschal took possession of the whole tract.

#18: Paschal took possession in such a manner as to disavow the title of Isaac Franklin.
#19: Paschal took possession November 1851.

#29 & #30: ...purchased from Paschal in bad faith.
Just another chapter in the saga of Adelicia (Hayes) Franklin Acklin Cheatham.

Thank you Bexar County, Texas, for putting your deeds online.

Note: See my blogs about the Acklins (Adelicia married 2nd Joseph Acklin who was the nephew of my Elizabeth Acklin Hinds) here, here, here and here.

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