23 – W.R. Hall

1: You are the same party who was on the witness stand a few minutes ago, are you not?
I am.

2: You testified that you were the deputy recorder of this county?
Yes sir I am here at Independence

3: You are the deputy recorder here at Independence?
Yes sir.

4: I will ask you if you have here while your deposition is being taken, book one-hundred and forty six of the records of Jackson County, Missouri?
I have.

5: I will ask you to turn to page one hundred and thirty-nine of that record?
Here it is.

6: I wish you would read to the reporter the caption to that instrument?
It is a quit claim deed from Elizabeth Ann Cowdery widow of Oliver Cowdery, deceased, to Marie Louise Johnson, and it is dated the 29th day of May 1886, recorded in book one-hundred and forty-six at page one-hundred and thirty-nine.

7: What is the signature?
It is signed Elizabeth Ann (her X mark) Cowdery, and attested by D. Havens and H. Howard.

8: And before whom was it acknowledged and the date?
It was acknowledged before D. Havens. Notary Public on the 29th day of May 1886.

9: What is the date of the record?
The 2nd day of June.

10: I will ask you if that deed in the discription, contains this description of land?

11: I will read this and see if you find in it that, – “being a part of the south east quarter section three, in township of range No 32 in the aforesaid County, etc?”
No sir it reads this way, – “The west half of the north west one quarter of section thirty three, township’ forty-nine, and range thirty tree, west of the fifth principle meridian, and the north twelve acres of the, of the (the of the is repeated) east half of said north west one quarter of said sec.. township and range, and the south fifty two acres of the aforesaid east half of section thirty three, township forty-nine, range thirty three; also a tract of eleven acres more or less in the north east quarter of the north west quarter of section twenty ones, township forty-nine, range thirty three, west of fifth principle meridian described as follows, – to wit, – commencing one-hundred a and sixty poles west of the north east corner of said section thence sixteen poles and five links to stake in the Independence and Westport Road, thence south twenty two degrees, west twelve poles and ten links, thence south forth seven degrees, west eighteen poles to stake in Westport Road near a spring, thence south eleven degrees, east forty poles and twenty two links, thence east twenty five poles, twenty-two links, thence north sixty-four poles and three links, to place of beginning. Also a tract of eighteen acres, two road and fifteen poles in said section, 21 township forty-nine range thirty three west of fifth principle meridian described as follows, – to wit, – commencing one-hundred and four poles and twenty two feet west of the north east corner of said sec. thence with nine degrees variations south thirteen degrees, west sixty five poles fifteen links, thence west forty poles tow and one half link, thence north sixty four poles three links, thence east to place of beginning. And also a tract of about forty acres in the south east quarter of sec. three township forty-nine, range thirty two, west of fifth principle meridian commencing at a point forty rods west of the east line one-hundred and twenty-two rods north the south line of said sec. thence south seventy degrees west seventeen poles fifteen links, thence south sixty four degrees, west forty poles, thence south fifty five degrees, west thirty poles, thence south forty two degrees, west thirty four poles, thence south fifteen degrees west twenty poles thence east paralell with south section line to a point forty rods westof east section line, thence to place of beginning.

12: 1 went to ask yon one other question Mr, Recorder, have you not made en examination of the recorders office for this county for the original of the deed to which your attention has been called today, or have you had it done?
Yes sir, I have, I know I have looked for it.

13: Did you find it?
No sir, I did not find it.

14: In that examination did you find an entry showing who had it?
Yes, sir.

15: Well, who has it?
It was delivered to the Kansas City office.

16: It was delivered to the Kansas City office?
Yes , sir.

17: You give the same testimony now with reference to your connection with the recorders officer and previous occupations as you did when giving your prior testimony?
Yes sir.

18: As you did when giving your former testimony when the instrument from Flourney and to Partridge, was offered in evidence?
Yes, sir.

19: Will you do as requested, Mr. Hall?
Yes, sir.

20: No I want to ask you one other questions, Mr. Recorder, while you are on the witness stand. Look at Exhibit Number 21, Mr. Witness, and state whether or not you made that copy, that certified copy.
Yes sir, I made this copy.

21: Is the deed from Edward Partridge to Jane Cowdery et al?
Yes, sir.

22: What is the date of that, Mr. Recorder?
It was acknowledged on the 25th day of March, 1839.

23: What was the date of the recording of the deed?
7th of February, 1870.

24: What is the date of the certifying of the copy?
The 11th of June, 1887.

25: I now offer this deed in evidence, Exhibit 21, and will follow up the offer by showing that the plaintiff in this case has not the control or possession of the original?

26: I have a question or two to ask the witness first. Why did you not Mr. Recorder give the date of that deed when you were asked to give it?
Why because I was looking for it in the body of the deed, but I did not find it there, I found it in the acknowledgement to the deed.

27: Well if there is no date to that deed, so state the face, place?
Well I did not know at the time whether or not that would be the date, but now the law is I understand.

28: Well I am asking you about the date, and you need not tell us what the law is?
Well I don’t know then.

29: I there any date to the deed?
Yes sir.

30: There is?
Yes sir, there is what I would call a date.

31: Well what is it?
The 25th of March 1839.

32: Is that the date to the deed part of the instrument?
Yes sir, we consider it the date now.

33: Well is it in fact the date to the deed part of the instrument?
I don’t know.

34: What is it dated there?
The acknowledgement is dated.

35: Is there any other, other than that you find in the acknowledgement?
I was trying to find another.

36: Well if you can find it do so, and so state the fact?
No sir, I do not find any other date than this the 25th of March 1839 and that is in the acknowledgement, but as I said before we understand that to the the date of the instrument, the date of its acknowledgement.

37: Now is this not what you mean to say that there is a certificate appearing to the records of the deed that purports to be an acknowledgement, and that it is dated the 25th day of March 1839. Is that not all you state?
Yes sir, that is all I state.

38: Does there appear from the copy you are looking at, to have been any seal?
No sir, there is no seal to it.

39: Is there any thing there to show that the party purporting to have taken the acknowledgement was an officer?
Yes sir.

40: What is it?
He states in the acknowledgement that he is a justice of the Country Court.

41: Does he say that?
Yes sir.

42: Does he sign himself so?
No sir, he signs himself “J.C.C.C”.

43: He signs himself “J.C.C.C.”?
Yes sir.

44: You say that is a deed?
What is that question?

45: Have you said in your testimony here that that is a deed?
Yes sir, I said it was a deed.

46: Now is this not what you mean, it purports to be a copy of a deed. It is a copy of what purports to be the record of a deed in the records of the Recorders Office of the county?
Well we certify that it is a deed. I would certify that it is a copy of the record of that deed from Edward Partridge to Jane Cowdery and others.

47: You make that certificate?
Yes sir.

48: You do not pretend to say what sort of an instrument yourself?
What is that?

49: You do not pretend to say what sort of an instrument it is yourself, do you?
No sir. I do not pretend to say what sort of an instrument it is.

50: You make the same statement hear now regarding your connection with the Recorders office that you did on your prior examination, when the other instrument was produced to you?
Yes sir

51: I will ask you to give the book and page where those, – this deed is recorded (Exhibit 21)?
It is recorded in book. 73, page 432 and following.

52: On what date?
The 11the of June 1887.

53: That is not the proper day, it is the date of the recording I want?
No sir, that is not right, – it was the date of the certificate attached to the copy that I gave you, – The date of the recording is the 7th of February 1870.