John Lentz Deed to Benjamin Earnhart

 

John Lentz Deed to Benjamin Earnhart

For and in consideration of Six hundred dollars $600.00 to me paid, I, John Lentz have this day bargained and sold and do hereby transfer sell & convey to Benjamin Earnhart his heirs and assigns forever and convey to Benjamin Earnhardt all the right title claim and interest, I have in and to the following Tract of land Situated in Civil District No.18^th Bedford County on Duck River and bounded as follows to wit:-Beginning at a (illegible), on the South bank of Duck River, Henry Browns N. E. Corner running thence West with his North Boundary line. North 86 degrees West 53 poles to a stake, thence North 75 degrees West 80 poles to a Walnut; thence North 89 degrees West 124 poles to two White Oak; thence North 38 ½ poles and 15 links to a stake West of a hickory and North of a poplar in Benjamin Lentz South Boundary line; thence South 89 degrees East with said line 103 poles to a hornbeam; thence North 19 ¼ poles to a Walnut; thence South 86 degrees east 50 7/10 poles to a hickory; thence South 15 poles to a Mulberry stump; thence east 13 ½ poles to a stake and elm; thence South 2 degrees West 19 8/10 poles to a stone planter John L. Thompson’s corner; thence South 69 degrees east 11 poles and 9 links to another stone planted; South 78 degrees east 82 poles to a Box Elder and Elm on the bank of the River; thence South 29 8/10 poles to the beginning containing 59 acres and 120 poles be the same more of lefs to have and to hold the same to the said Benjamin Earnhart his heirs and assigns forever. I do further covenant with the said Benjamin Earnhart that I have a good title to said Land and have a good right to convey the same and that I will forever warrant and defend the title to said Land to the said Benjamin Earnhardt his heirs and assigns forever against the lawful claim of any and all persons whatever. Given under my hand May 4^th 1868.

Witnefs Thomas R. Myers                                          John X his mark Lentz

State of Tennessee}

Bedford County} Personally appeared before me R. C. Couch Clerk of the County Court of said County John Lentz bargainer to foregoing deed of conveyance with whom I am personally acquainted and acknowledged the same to have been executed by him & for the purposes therein contained. Given under my hand at Office this 4^th day of May 1868. R. C. Couch, Clerk

Notice, May 4^th 1868 at 4 o’clock p.m.

Registered May 7^th 1868 H. H. Hold, Reg. B. C.

This Land Deed created quite a stir and the lawsuit was decided by the Supreme Court of Tennessee. John Lentz, old and feeble, alleged that Benjamin Earnhart deceived him to acquire the land and then re-sold it for a profit. Ironically, one was born on 1804 and the other in 1805. Unfortunately, the clause “I do further covenant with the said Benjamin Earnhart that I have a good title to said Land and have a good right to convey the same and that I will forever warrant and defend the title to said Land to the said Benjamin Earnhardt” didn’t mean a thing to the Court. Benjamin Earnhart lost the case, was fined and paid all court cost.   

Benjamin Earnhart is my 1st Cousin 5X Removed.

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1. https://www.familysearch.org/ark:/61903/3:1:3Q9M-C3QY-F9Y2-L?i=43&cat=298281

2. Bedford County, TN Deed Book GGG, page 80