Texas Land Survey Maps for Hunt County by Gregory A. Boyd, J. D., is a good resource for old land records.
It all began with a simple question. Why did Rhoda sell eighty acres of her husband’s 320-acre homestead in 1864 when he was still living and supposedly without his consent? Perhaps it was because Texas is a community property state. Any inheritance a spouse receives from a parent is that spouse’s property. But to be on the safe side, it was necessary to start with the sale of land, work back to find a marriage, and forward to find the approximate death date of Rhoda. In the search, an extremely interesting story unraveled.
The first place to look was at the husband’s so-called homestead that was really a 3rd Class Fannin District Land Certificate. The Republic of Texas gave certificates for land to families or single men who were in the Republic before statehood. A third class certificate indicated that the family was here between October 1, 1837 and January 1, 1840 and was eligible for 640 acres. However, the 640 acres could be broken up and claimed at various places. Unfortunately, the Texas General Land Office that is doing such a great job digitizing all the original land certificates has not scanned Fannin District yet. But by using Texas Land Survey Maps for Hunt County by Gregory A. Boyd, J. D., it was able to locate Abstract #471 for Rhoda and her husband in Hunt County. It was only 160 acres located northeast of the confluence of Honey Creek and South Sulphur River.
The next step was to determine where the land that Rhoda sold in 1864 to V. Turner was located. It was not located in her husband’s survey but in the J. P. Wood survey located about nine miles south of Abstract # 471. Now to find the marriage records for Rhoda and her husband.
Ancestry.com has marriage record indexes available on line. Rhoda’s maiden name was Keith; she married in Alabama in 1835 and gradually made her way with her family to Hunt County by 1859. The couple had six children in the home at South Sulphur Post Office on the 1860 census. On the previous 1850 census the family resided in Titus County with other Keith families. In the 1880 census the husband, then a widower was living next to his son in Eastland County where many of the Keith family members moved to after the Civil War.
A brief search on Fold3.com, found the Confederate Military Records for Rhoda’s husband. At age 48 he rode to Ladonia to enlist in the Third Texas Cavalry on June 13, 1861. At that time most Southerners felt they could whip the Yankees by Christmas so enlistments were only for one year. The regiment crossed the Red River to recruit Native Americans for the Confederacy, was on hand but did not participate in the Battle of Elkhorn Tavern, and later was transferred to Mississippi under General Van Dorn. On July 22, 1862 Rhoda’s husband was discharged under the Conscript Act of 1862. He was too old to serve. But his discharge papers revealed that he was born in Wilkes County, Georgia. His physical description included his height, hair color, and complexion. He was given $65.00 travel allowance to return to Ladonia.
The answer to the simple question was, yes. Rhoda had the right that she asserted to sell property she had inherited. But there was definitely more to the story.