Thomas Jefferson to William Radford, [before 27 February 1823]
To William Radford
[before 27 Feb. 1823]
Dear Sir
Your favor of Dec. 26 has been duly recieved. I had entirely forgotten that I had only covenanted to convey to my grandaughter Bankhead but had not actually conveyed the lands on the East side of the 1000. as first given to my daur Randolph, and that my conveyance of what was between that & Bear br. was to yourselves directly, and I was for some time at a loss by what forms I should cover those blots in the conveyances to you. the following considerns removed my doubts. the English law permits a conveyance by a person in possn of more title than he rightfully has to work a disseisin. and our law was the same till the revised code by mr Wythe mr Pendleton & myself in 1779. when we altered it by declaring that no deed should pass more estate than the party might lawfully convey. this you will find 1. Revised code of 1819. 368. this makes the case plain. my deed for 1000. as to my daur Randolph conveyed to her both the equitable and legal estate. consequently the conveyance by mr Randolph and her to mrs Moseley & to Bankhead et ux. was valid and their deed to you for what was East of mrs Moseley’s was good. as to the 450. as E. of that, my covenant to convey gave them the equitable estate but was a nullity as to the legal right, because I had not actually conveyed it. their deed to you in like manner gave you the equitable right but was null as to1 the legal because it was not in them. for the lands again between that & Bear br. my deed conveyed an equitable right, because it could be proved by averment to have been in advancement of my grand daur Bankhead but did not convey the legal estate because that was more than I could lawfully convey to a stranger. to compleat your title therefore I have conveyed to my gr. son Th: J. Randolph the whole of the lands between the 1000. as of my daur Randolph and our lines near Bear creek, and my gr. son has conveyed the whole to mr Yancey & yourself. these deeds I now inclose to you & hope they are sufficient & will be satisfactory, and I really rejoice that the defect has been discovered while it was in my power to rectify it.
Dft (MHi); on verso of reused address cover to TJ; undated, but prepared between 12 Jan. 1823, the date of receipt of Radford to TJ, 26 Dec. 1822, and 27 Feb. 1823. Not recorded in SJL and evidently not sent, with TJ to Radford, 27 Feb. 1823, dispatched in its stead.
For the revised code by mr wythe mr pendleton & myself, see bill no. 29 in a grouping of documents on “The Revisal of the Laws 1776–1786,” , 2:417. my deed for 1000. as to my daur randolph was dated 21 Feb. 1790 ( , 16:189–91). For the conveyance by mr randolph and her to mrs moseley and the conveyance to bankhead et ux., see note to Thomas Mann Randolph and Martha Jefferson Randolph’s Conveyance of Bedford County Land, [before 19 Feb. 1810]. their deed to you for what was east of mrs moseley’s: Charles L. Bankhead and Ann C. Bankhead’s Conveyance of Bedford County Land to Radford and Joel Yancey, 7 Dec. 1811, noted at TJ’s Conveyance of Bear Branch Land to Radford and Yancey, 7 Dec. 1811. my covenant to convey: TJ’s Agreement to Convey Bedford County Lands to Charles L. Bankhead, 29 Oct. 1810. The deeds i now inclose were apparently sent instead in TJ to Radford, 27 Feb. 1823, and are described there.
1. Preceding four words interlined in place of “not.”
Index Entries
- Bankhead, Ann (Anne) Cary Randolph (TJ’s granddaughter; Charles Lewis Bankhead’s wife); and Bedford Co. land search
- Bankhead, Charles Lewis (Ann Cary Randolph Bankhead’s husband); and Bedford Co. land search
- Bear Creek plantation (part of TJ’s Poplar Forest estate); land conveyance at search
- Bedford County, Va.; TJ’s lands in search
- Great Britain; laws of search
- Jefferson, Thomas; Public Service; and revision of Va. laws search
- law; British search
- Moseley, Anne; buys Bedford Co. land search
- Pendleton, Edmund (1721–1803); and revision of Va. laws search
- Radford, William; and Bear Branch land search
- Radford, William; letter to search
- Randolph, Martha Jefferson (Patsy; TJ’s daughter; Thomas Mann Randolph’s wife); and Bedford Co. land search
- Randolph, Thomas Jefferson (TJ’s grandson; Jane Hollins Nicholas Randolph’s husband); and Bedford Co. land search
- Randolph, Thomas Jefferson (TJ’s grandson; Jane Hollins Nicholas Randolph’s husband); TJ conveys land to search
- Randolph, Thomas Mann (1768–1828) (TJ’s son-in-law; Martha Jefferson Randolph’s husband); and Bedford Co. land search
- The Revised Code of the Laws of Virginia: being a collection of all such acts of the General Assembly, of a public and permanent nature, as are now in force search
- Virginia; laws of search
- Virginia; revision of laws search
- Wythe, George; and revision of Va. laws search
- Yancey, Joel (d.1833); and Bear Branch land search