June 4, 1814

200 years ago today, Jacob Sears had a legal problem with a deed for 4 acres that he bought from Josiah and Sally Wright Johnson on July 31, 1813.  The Johnsons were the first residents of northern Harrison County to sell off a parcel from an original land patent.  They had acquired a quarter section from the Federal Government on August 13, 1812 and a 2d one on August 27, 1812.  Jacob and Mary Huffstutter Sears had registered a claim for the quarter section immediately upstream on Royse’s Fork of Blue River from the Johnsons and obtained their title on August 27, 1813.  The 4 acres purchased from the Johnsons gave the Sears’ more riparian land on the west bank of Blue River which they considered desirable.  As the acerage was on the far north end of the Johnson’s land and remote from their cabin, they were willing to sell to the Sears.

Because the county seat at Corydon was a very difficult trip of considerable distance, the Sears had delayed recording their deed.    Josiah Johnson died in 1813 a few weeks after the deed was signed leaving his wife Sally as a widow with 11 children with all under the age of 15.  After Washington County was created by the legislature of the Indiana Territory and its provisional government organized in January of 1814, the Sears’ now had a convenient location to file their deed for public record.  They were told that the Court Clerk/Recorder Isaac Blackford would not be in a position to accept deeds for recording until July of 1814 as a suitable recording book and filing system was yet to be acquired.  At this time, the Sears’ were also told that although the deed had been witnessed by a neighbor, Noah Fouts, and  relative of Mrs. Johnson, Levi Wright, it had not been witnessed by a Justice of the Peace.  Blackford advised that a new deed could be made by him but as Josiah Johnson was now deceased this was not possible.

The Sears’ also had registered a land claim southeast of Royse’s Lick near to land claim that was registered to  Levi Wright.  Wright  suggested that as his militia service gave him some degree of influence with local officials that a solution to the unattested Johnson deed might be obtained. After some further consultation with Isaac Blackford,  Wright and Fouts were allowed to reattest to their witnessing of the Johnson deed in the presence of the County Recorder.  Disagreement arose as to how Wright and Fouts would formally confirm their witness.  Levi Wright was willing to refer to the deity in his oath but Noah Fouts who was raised as a member of the Church of the Brethren (Dunkard) in the German Pietist tradition would not.   Fouts told Blackford that the taking of oaths was strictly forbidden among the early Brethren because of their understanding of the clear, unambiguous statements of Christ in places such as Matthew 5:34-37. "But I say unto you, Swear not at all; neither by heaven; for it is God's throne: Nor by the earth; for it is his footstool: neither by Jerusalem; for it is the city of the great King. Neither shalt thou swear by thy head, because thou canst not make one hair white or black. But let your communication be, Yea, yea; Nay, nay: for whatsoever is more than these cometh of evil."   Blackford had already encountered this issue with Quaker trasactions as the Society of Friends refused to take oaths also.  Blackford  allowed Fouts to affirm under the penalties of perjury that he had witnessed Johnson’s signature on the deed.  With the method of reattestation determined, the Sears were finally able to deliver their deed for recording on July 10, 1814.

The political savvy of Levi Wright later became apparent as he succeeded his brother, Noah, as Sheriff. Noah Wright was the 2d Sheriff of Washington County having followed William Hoggatt in that office. As a final footnote, this 4 acre tract acquired by the Sears’ from the Johnsons is still described as a separate tax parcel (Tax Parcel Number 88-24-30-000-002.000-021) 200 years later.