The Stark County Library in Canton, OH has a land sale record on microfilm of Peter Mottice's sale of property in 1812 to a Henry Funk. There are a few interesting aspects about this document:
- The document mentions his wife, Phebe, which I was not expecting. This is the earliest record I have of her name so far. Here, her name ends with an "e" rather than a "y" as it does in the Presbyterian Church records. Interestingly, "Mottice" is spelled with 2 t's rather than 1 t, and I didn't think the double t spelling emerged until later.
- The document specifies that Phebe was interviewed by the Justice of the Peace separately from Peter. The genealogist at the Stark library tells me that land could not be sold by a husband without the wife's consent so as to not have property "sold out from under her." So the JP states that he spoke with Phebe alone to ascertain that she was not under duress to sell the property.
- The location of this property is Osnaburg Township, range 7, section 30 which is the same location early land records show Peter purchasing on April 8, 1806 while a resident of Jefferson County, OH. (Jefferson County is east of Stark on a logical migration path from Washington County, PA.)
- The document below, however, states that he received this land by way of Patent signed by the President of the U.S. What is the source of this Patent? It is doubtful that it is military service. Peter served in the New Jersey militia during the Whiskey Rebellion, but I'm not aware of any land patents given for service in this campaign. Some family histories have Peter serving in the War of 1812, but this patent was granted in 1811.
Here is the transcript of the land sale document:
Know all then by these presents, that Peter Mottice and Phebe his wife of the County of Stark in the State of Ohio for and in consideration of the sum of Eight Hundred and eighty dollars and eight cents to them in hand paid by Henry Funk of Stark County and State of Ohio the receipt whereof they do surely acknowledge, and themselves therewith fully paid and satisfied, have granted, bargained and sold, and by these Presents do grant, bargain and sell to the said Henry Funk his Heirs and assigns, all the following tract or parcel of land, with its Privileges and appurtenances, that lying and being in the County of Stark and State of Ohio -- Known by the North West quarter of Section Number thirty of Township Number Eighteen in Range number Seven the same being granted to Peter Mottice by a Patent from the President of the United States bearing date the ninth day of November in the year of our Lord one thousand Eight hundred and Eleven as preference being here (?) well more fully appear.
To have and to hold, the above described tract or parcel of land and Premises, with its Privileges and Appurtenances to the said Henry Funk, his heirs and Assigns, to the only proper use and Behalf of the said Henry Funk and his heirs and assigns forever, and the said Peter Mottice & Phebe his wife for themselves and their heirs, doth hereby covenant with the said Henry Funk, his heirs and assigns, that the said Peter Mottice & Phebe his wife the above described tract or Parcel of Land, with its Privileges and Appurtenances, to the said Henry Funk his Heirs and Assigns, shall and will warrant and forever defend against all Persons and Claims whatsoever.
In Testimony of which the undersaid Peter Mottice & Phebe his wife have hereunto set their Hands and Seals the third day of June Anni Domini one thousand eight hundred and twelve.
Sealed and delivered in the presence of us, Peter Mottice Phebe Mottice John Patton James Drennan The State of Ohio County of Stark-- On the third day of June in the year of our Lord one thousand eight hundred and twelve personally appearing before me on of the justice of the Peace for said County Peter Mottice and Phebe his wife who acknowledge the written Instrument of writing to be their act and Deed for the purposes therein contained and the said Phebe being examined separate and apart from her said Husband did declare that she did voluntarily of her own free will and accord Seal and as her act and deed deliver the written Instrument of writing without any coercion or confusion from her said husband.
Given under my hand and seal the date above written. James Drennan, Justice of the Peace Recorded July 15, 1812 George(?) Reynolds