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Deed, Samuel and Sabrina Davenport Canfield, to Emma Smith, 1 October 1836

Source Note

Samuel Canfield and Sabrina Davenport Canfield, Deed for property in
Kirtland Township

Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Latter-day Saint missionaries visited township, early Nov. 1830; many residents joined Church of Jesus Christ of Latter-day Saints. Population in 1830 about 55 Latter-day Saints and...

More Info
, Geauga Co., OH, to
Emma Smith

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

View Full Bio
, 1 Oct. 1836. Version copied [ca. 1870–ca. 1898] in copy of Geauga Co., OH, Deed Records, 1795–1921, vol. 23, pp. 92–93; unidentified handwriting; Geauga County Archives and Records Center, Chardon, OH; microfilm at Family History Library.

Historical Introduction

In the nineteenth-century
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

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, married women were not legally allowed to own land because of the common law principle of coverture, also known as unity of person. Under coverture, when a woman was married her legal identity was subsumed under her husband’s, and all property that had belonged to her came under her husband’s control. A married woman could not own land, earn money for herself, or enter into contracts or litigation without her husband’s approval and involvement.
1

“Coverture,” in Bouvier, Law Dictionary [1843], 1:392; Salmon, Women and the Law of Property, 14–18.  


Comprehensive Works Cited

Bouvier, John. A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union; With References to the Civil and Other Systems of Foreign Law. 2nd ed. 2 vols. Philadelphia: T. and J. W. Johnson, 1843.

Salmon, Marylynn. Women and the Law of Property in Early America. Chapel Hill: University of North Carolina Press, 1986.

Married women’s ability to own land began to change in the 1840s as laws were passed in some states granting this right, but such laws were not in place in
Ohio

French explored and claimed area, 1669. British took possession following French and Indian War, 1763. Ceded to U.S., 1783. First permanent white settlement established, 1788. Northeastern portion maintained as part of Connecticut, 1786, and called Connecticut...

More Info
or
Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

More Info
during JS’s lifetime.
Although statutes in
Ohio

French explored and claimed area, 1669. British took possession following French and Indian War, 1763. Ceded to U.S., 1783. First permanent white settlement established, 1788. Northeastern portion maintained as part of Connecticut, 1786, and called Connecticut...

More Info
and
Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

More Info
prohibited married women and minor children from owning land, JS and many of his contemporaries in the
church

The Book of Mormon related that when Christ set up his church in the Americas, “they which were baptized in the name of Jesus, were called the church of Christ.” The first name used to denote the church JS organized on 6 April 1830 was “the Church of Christ...

View Glossary
had land deeded to their wives. On rarer occasions, they deeded land to their children or to another man’s wife or children. Occasionally, a man might ask that, as part of a land transaction, the deed be made in his wife’s name.
2

See, for example, Letter, Don Carlos Smith to Oliver Granger, 11 July 1841.  


Some land transactions appear solely in a married woman’s name, and it is unclear in many of those instances if she was the purchaser or if the transaction was simply done in her name.
3

See Deed to Caroline Grant Smith, 11 Dec. 1836.  


The reasons for these actions are not specified in contemporary records, but transactions like this may have been a means of providing for a wife and children as a form of inheritance in case of death. Alternatively, such transactions may have been initiated to make it hard for creditors trying to seize property for unpaid debts.
There were a number of deeds made in
Ohio

French explored and claimed area, 1669. British took possession following French and Indian War, 1763. Ceded to U.S., 1783. First permanent white settlement established, 1788. Northeastern portion maintained as part of Connecticut, 1786, and called Connecticut...

More Info
and
Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

More Info
in which JS’s wife
Emma Smith

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

View Full Bio
or their children were named as the owners of the transferred or purchased property. In these instances, the legal principle of coverture meant that even though the property was in Emma’s or the Smith children’s names, it was ultimately JS’s property.
4

This becomes clear in a few cases where the property may have been purchased or transferred to Emma Smith or one of the Smith children, but JS then sold or transferred it.  


Given his legal right to sell or transfer the property as he saw fit, the Joseph Smith Papers includes these deeds with the other land transactions featured on the project website.

Footnotes

  1. [1]

    “Coverture,” in Bouvier, Law Dictionary [1843], 1:392; Salmon, Women and the Law of Property, 14–18.  

    Bouvier, John. A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union; With References to the Civil and Other Systems of Foreign Law. 2nd ed. 2 vols. Philadelphia: T. and J. W. Johnson, 1843.

    Salmon, Marylynn. Women and the Law of Property in Early America. Chapel Hill: University of North Carolina Press, 1986.

  2. [2]

    See, for example, Letter, Don Carlos Smith to Oliver Granger, 11 July 1841.  

  3. [3]

    See Deed to Caroline Grant Smith, 11 Dec. 1836.  

  4. [4]

    This becomes clear in a few cases where the property may have been purchased or transferred to Emma Smith or one of the Smith children, but JS then sold or transferred it.  

Page 92

Samuel Canfield To
Emma Smith

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

View Full Bio
.
To all people to whom these presents shall come greeting: Know ye that we Samuel Canfield of
Kirtland

Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Latter-day Saint missionaries visited township, early Nov. 1830; many residents joined Church of Jesus Christ of Latter-day Saints. Population in 1830 about 55 Latter-day Saints and...

More Info
Geauga County and State of Ohio & Sabrina [Davenport] Canfield my wife for the consideration of one hundred and sixty dollars good and lawful money received to our full satisfaction of
Emma Smith

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

View Full Bio
of the Town of
Kirtland

Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Latter-day Saint missionaries visited township, early Nov. 1830; many residents joined Church of Jesus Christ of Latter-day Saints. Population in 1830 about 55 Latter-day Saints and...

More Info
County of Geauga and State of Ohio do give, grant, bargain sell and confirm unto her the said
Emma Smith

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

View Full Bio
the following described tract or lot of land situate in
Kirtland Township

Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Latter-day Saint missionaries visited township, early Nov. 1830; many residents joined Church of Jesus Christ of Latter-day Saints. Population in 1830 about 55 Latter-day Saints and...

More Info
number nine in the ninth range of Townships in the Connecticut Western Reserve in the State of
Ohio

French explored and claimed area, 1669. British took possession following French and Indian War, 1763. Ceded to U.S., 1783. First permanent white settlement established, 1788. Northeastern portion maintained as part of Connecticut, 1786, and called Connecticut...

More Info
and which is also in the County of
Geauga

Located in northeastern Ohio, south of Lake Erie. Rivers in area include Grand, Chagrin, and Cuyahoga. Settled mostly by New Englanders, beginning 1798. Formed from Trumbull Co., 1 Mar. 1806. Chardon established as county seat, 1808. Population in 1830 about...

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and is known as part of lot No forty-two and is bounded as follows to wit. On the north by land surveyed off for Reuben Field by Edson surveyor on the east by said Fields land, on the south by the south line of said lot No 42, and on the west by the centre of the highway lately laid out supposed to contain about eight acres be if the same more or less, but subject to one half of the above mentioned highway. To have and to hold the above granted and bargained premises with the appurtenances thereof unto her the said
Emma Smith

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

View Full Bio
& to her heirs and assigns forever to their own proper use and behoof. And also we the said Samuel Canfield and my wife Sabina do for ourselves & heirs executors and administrators covenant with the said
Emma Smith

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

View Full Bio
and her heirs and assigns that at and until the ensealing of these presents we are well seized of these premises and as a good indefeasible estate in fee simple and have good right to bargain and sell the same in manner and form as is above written and that the same is free from all incumbrances whatsoever, and furthermore we the said Samuel and Sabrina my wife do by these presents bind ourselves and our heirs forever warrant and defend the above granted and bargained premises to her the said
Emma Smith

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

View Full Bio
& her heirs and assigns against all lawful claims and demands whatsoever. And I the said Sabrina Canfield do hereby remise release and forever quit-claim unto the said
Emma Smith

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

View Full Bio
and to her heirs warrant and defend the above granted and bargained premises to her and assigns all my right and title of dower in and to the above described premises. In witness whereof we have hereunto set our hands and seal this first day of October A. D. one thousand eight hundred and thirty-six.
Samuel Canfield seal
1

TEXT: “seal” enclosed in a hand-drawn representation of a seal.  


Sabina Canfield seal
2

TEXT: “seal” enclosed in a hand-drawn representation of a seal.  


Signed, sealed, acknowledged and delivered)
in presence of Austin Butler
F[rederick] G. Williams

28 Oct. 1787–10 Oct. 1842. Ship’s pilot, teacher, physician, justice of the peace. Born at Suffield, Hartford Co., Connecticut. Son of William Wheeler Williams and Ruth Granger. Moved to Newburg, Cuyahoga Co., Ohio, 1799. Practiced Thomsonian botanical system...

View Full Bio
)
The State of Ohio)
Geauga County

Located in northeastern Ohio, south of Lake Erie. Rivers in area include Grand, Chagrin, and Cuyahoga. Settled mostly by New Englanders, beginning 1798. Formed from Trumbull Co., 1 Mar. 1806. Chardon established as county seat, 1808. Population in 1830 about...

More Info
ss.)
Personally appeared Sabrina Canfield & Samuel Canfield to me personally known as the signers and sealers of the above instrument and acknowledged that they did voluntarily sign and seal the same and that the same is their free act and deed. [p. 92]
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Source Note

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Page 92

Document Information

Related Case Documents
Editorial Title
Deed, Samuel and Sabrina Davenport Canfield, to Emma Smith, 1 October 1836
ID #
10013
Total Pages
2
Print Volume Location
Handwriting on This Page
  • Unidentified

Footnotes

  1. [1]

    TEXT: “seal” enclosed in a hand-drawn representation of a seal.  

  2. [2]

    TEXT: “seal” enclosed in a hand-drawn representation of a seal.  

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