Lot 50, 107&9 and 111&113 E. Main St., Sharpsburg, MD Deed Chain

 

Incomplete.  Compiled from deeds, the Historic Structures Survey on 107&109 E. Main (the west half of this lot), the National Register application for it by Paula Reed, and notes from Jerry Randell and David Reed.  Revised by Brad Toole 26apr06.

 

Lot 50 spans the modern properties of two houses on East Main St. east of the Town Square, 107&109 and 111&113 E. Main.  The first is a stone house often reputed to be an old indian trading post and the oldest house in town, and the second is now Captain Bender’s Tavern. 

 

The stone house was Oliver T. Reilly’s souvenir shop and headquarters for his Battlefield tours from the late 1800’s into the 1900’s. 

 

The 1939 deed for (we think) the stone house was given the Seal of the Department of State of the United States by Secretary John Forsyth, and we have no idea why. 

 

Bender’s Tavern has a USGS altitude benchmark embedded in the brick wall below one of the front windows, giving 423’ above mean sea level.

 

Lot 50 was owned intact until 1798.  Then it was divided lengthwise, defining the present parcels.  The early deeds for the half-lots didn’t specify which half they were for, so this was determined from the chain.  The [east] half was also sold a few times with the [west] half of Lot 51 in the same deed.  To be sure, the Lot 51 chain needs to be searched for confirmation.

 

The earliest note of a house is 1798, for the east half of the lot (111&113 East Main), a house with a stone addition on its west end, whose corner defines the southwest corner of this half-lot.  The earliest note for the west half of the lot is 1815, saying “houses, outhouses, buildings....”

 

In the deed abstracts for the half lots, the address numbers are given in square brackets at the beginning of the description of the property.  They are not given in the deeds themselves.  They were first assigned sometime after WWII.

 

Where two dates are given, the first is the date that the deed was made and actually signed, and the date in parentheses is the date it was copied and recorded at the courthouse.  Buyers and sellers in the later deeds are from Washington County unless otherwise noted.  Name spellings varied as written in each deed abstract.

 

[Items in square brackets are comments or clarifications.] 

 

William Good bought from Joseph Chapline (both of Frederick County)

            20 January, 1764 (recorded July 19, 1764, Frederick Co. Liber J, folio 680-1)

for 1 shilling current money Maryland

Lot 50, 103x206’ with profits, advantages and appurtenances.  To pay Joseph Chapline rent of 3s 6p yearly on 9th July, from 1763.  Wife Ruhamah Chapline released her right of Dower.

 

[David Reed, a Chapline descendent, found that William Good was related to Moses Chapline.  They had married, respectively, sisters Mary and Jeannette Caton, as in Catonsville, Maryland.  But Paula Reed reported from a letter from William’s descendent Judy Bauer that he married Moses’s daughter Mary.  William was a Justice of the Peace here.]

 

Catherine Huffman (alias Addick) bought from William Good

5 April, 1798 (recorded 21April, Liber K, folio 890-3, Washington Co.)

for ₤300

[111&113]  Part [east half] of Lot 50, together with the adjoining part of Lot 51 [west half].  Beginning at the corner of the stone addition to the house that Catherine Huffman (alias Catherine Addick) now lives in [east half of Lot 50], and runing with the main street to Philip Buckleys half lot [east half of Lot 51], and back to the alley.  To pay 3s 9p rent to Joseph Chapline.

 

[So, the stone addition to Catherine’s house defined the southwest corner of the lot where Bender’s Tavern now stands.  The barbershop between this and the first floor of 107&109 has some odd stonework in it, from what Brien told me; need to find out more about this.

 

[The sizes of the two part-lots aren’t given, but the rent amount is for a full lot, indicating this deed is for two typical half lots.  That would make them each 51˝’ wide, more or less, and 206’ deep back to the east-west alley in the rear.  This agrees with the half lots shown in the 1877 Atlas and the modern tax maps.  Philip purchased in 1783 the east half of Lot 51, bordering the alley (Liber C, folio 478-9).]

 

Elizabeth Chaplain bought from John, Josiah and William Good

19 October, 1811 (recorded 27 February 1812, Liber Y, folio 41-2)

for $1,000

[107&109]  Part of Lot 50 [the west half], 50 x 206 feet, with profits, advantages and appurtenances.  To pay Joseph Chapline rent of 3s 6p yearly on 9th July, from this date.  [This was the normal rent for a full lot, not a half lot like this.]  John’s wife Hesther, Josiah’s wife Mary and William’s wife Mary Ann quit their claim to all their right of Dower.  Before J.P.’s Geo. Smith and Ezra Slifer.

 

Joseph Smith bought from Catherine Huffman

1 September, 1812 (recorded 11 September, Liber Y, folio 337-8)

for 300 pounds

[111&113]  Part [east half] of Lot 50, together with the adjoining part of Lot 51 [west half].  Described as in the 1798 deed, except that Joseph Smith now lives in the house with the stone addition, and neighbor Philip’s last name is spelled Breakly.

 

Gabriel Nourse bought from Elizabeth Chaplain

            7 April 1815 (recorded 11 April, Liber AA, folio 283-4)

            for $1000

[107&109]  [West half of] Lot 50, 50x206 feet, with houses, outhouses, buildings, improvements, profits and advantages.  Gabriel would pay to Joseph Chaplain the proprietary of said town on 9th July yearly 3 Shillings 6 pence sterling.  [This rent was the normal amount for a full lot, not a half lot.]

 

[Jerry Randell found that Mr. Nourse was Postmaster for Sharpsburg in 1816, and they say he ran the Post Office from his house.  Paula Reed found an ad for him regarding letters left at the Office in 1813.  Elizabeth, born Elizabeth Nourse in 1762, was the widow of Jeremiah Chapline (1756-1809), son of Sharpsburg’s founder.  She and Gabriel both came from Virginia/West Virginia.]

 

Josiah Good bought from George Spangler of Jefferson Co., Va.

            18 September 1816 (recorded 23 December, Liber BB, folio 687-8

            for $50

[???]  ‘Portion of ground in Sharpsburgh Town number fifty’ [suspect this was actually in Lot 52, see note], 17’2” x 206’ with all profits, advantages and appurtenances.  To pay 13 cents yearly on July 9th from July 9th, 1816.  Wife Christiana Spangler acknowledged before J.P.’s Geo. Smith and John Blackford.

 

[This is an odd narrow width.  Josiah sold an almost identical parcel to Jacob Rohrback in 1818 (Liber DD, folio 318-20), in Lot 52.  Note that Mathias Spangler had owned lot 52, he died seized of properties in Sharpsburg before 1818, and George was an heir.  George also might have acquired this narrow parcel earlier.  I suspect, for the moment, this deed is for part of Lot 52.]

 

Joseph and Michael Nourse bought from Gabriel Nourse

            3 June 1828 (recorded 14 July, Liber KK, folio 165-7

            for $5

[107&109]  [West] Half of Lot 50, 50 x 206 feet, and all of Lot 24, 103 x 206 feet, with profits, advantages and appurtenances, in trust, for Joseph and Michael to sell to pay off Gabriel’s debts to several people on bond and otherwise.  These are listed at the end:

To my son Joseph Nourse .   .   .   .   .   .   .   .   .   .   .   .   .   .   .  212. –

Purchase bond for which my two Judgment

Bonds were given. One pays. 1 Jany 1829 for  $150

                                        1 Jany 1830 for  $150                         300. –

Due Cushing & Jewitt for Books in Baltir. With Ints. about       340. –

Due on the Road on Liverpool Rout about   .   .   .   .   .   .   .   .  200. –

Due in Sharpsburg about   .   .   .   .   .   .   .   .   .   .   .   .   .   .   . 200. –

Due in Pittsburg about   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   60. –

Due John G. Nourse with interest     .   .   .   .   .   .   .   .   .   .   . 162.50

Sundry Small Debts at Centerville    .   .   .   .   .   .   .   .   .   .   .   30. –

Sundry Small Debts in all about    .   .   .   .   .   .   .   .   .   .   .   .   35.50

Gruber [B.] May    .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   63. –

Treetey & Co. .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .    7. –

Tavern Keeper in Martinsburg   .   .   .   .   .   .   .   .   .   .   .   .   .  50. –

Other Small debts say    .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   20. –   

                                                                                   $1680.

 

The real estate is to be sold at public or private sale, for cash or credit, and the proceeds to apply first to discharge all the debts, with power of attorney to contest such as are not just, fair and equitable; secondly, to indemnify Joseph and Michael against any bonds which they enter on Gabriel’s behalf, and to cover their costs and fees, and lastly, to hold the surplus to permit Gabriel to enjoy, hold and possess the real estate and receive the interest, or have the money, if any, invested for the rest of Gabriel’s natural life.  In the event of his death, the whole will be conveyed, paid, and applyed according to his Will, or if he dies intestate, to his heirs according to Law. 

 

Gabriel is of the County of Washington, and Joseph and Michael are of the County of Washington and District of Columbia [respectively?].  Before J.P.’s R.S. Briscoe and Saml. Smith.

 

No rent mentioned.

 

[We may infer from the deed chains that the two lots both bore houses or other large improvements, and from this list of debts that they were together worth, they would have hoped, at least $1,680.]

 

John Nourse bought from Joseph and Michael Nourse, Trustees

            9 August 1834 (recorded 9 October, Liber PP, folio 352-3)

            for $1,227

[107&109]  [West] Half of Lot 50, 50 x 206 feet, and all of Lot 24, 103 x 206 feet, with profits, advantages and appurtenances. Cites the 1828 Deed of Trust and Gabriel Nourse’s indebtedness (the clerk wrote “a certain Bob Nourse,” first).  Witnessed by Caroline R. Nourse and Anna J. Nourse.

 

Joseph B. Austin bought from John & Araminta E. Nourse (of Washington, D.C.)

            11 February 1839 (recorded 8 March, Liber TT, folio 858-9)

            for $150

[107&109]  [West] Half of Lot 50, 50 x 206 feet, with buildings, improvements, profits and advantages.  To pay 3s 6p rent on 9th July to the heirs of Joseph Chapline the propietary.

 

The beginning of the deed attests that R.S. Brison & W.B. VanZandt were duly commissioned Justices of the Peace for the County of Washington in the District of Columbia.  It then says that “I, John Forsyth, Secretary of State of the United States, have hereunto subscribed my name, and caused the Seal of the Department of State to be affixed.  Done at the City of Washington this twelfth day of February, A.D. 1839, and of the Independence of the United States the 63d.     John Forsyth”

 

[Why this?  Because the house in use as the Post Office or another structure?  Was John Nourse a Federal official?]  Bender’s Tavern on the east half of Lot 50 has a USGS elevation marker embedded in the front wall just above the level of the sidewalk.

 

[Jno. Croning or Cuning owned the west half of Lot 50 in January 1849, according to adjacent Lot 49 deed, Grove to Hebb, Liber IN 4, folio 91-2, but the 1851 deed below is where he actually bought it.  This may mean that he lived there in 1849 before he bought it.]

 

John Cunning bought from John Otto, Trustee

1851 (recorded Feb. 20, 1851, Liber I.N. No. 5, folio 546-7)

for ___

[West half of Lot 50, acc. HSS.  Need to check this deed to see for whom John Otto was Trustee.]

 

B.F. and William Cronise bought from John and Mary Cunning

1854 (recorded April 21, 1854, Liber I.N. No. 8, folio 53)

for $700

[West half of Lot 50, acc. HSS]

 

John Emmert bought from William & Sarah Cronise and Benjamin F. & Elizabeth Cronise

1854 (recorded July 26, 1854, Liber I.N. No. 9, folio 185-6)

for $950

[West half of Lot 50, acc. HSS]

 

[missing deeds for John and Louisa Emmert sale and Henry Smith purchase]

 

Franklin Marker bought from Samuel Show, Trustee for Henry Smith et al

1866[8?] (recorded June 12, 1866[8?], Liber LBN No. 1, folio 488-9)

for $275

[107&109]  [West half of Lot 50.  S. Show owned or occupied the east half in 1877.]

 

Benjamin A. Edwards bought from Franklin Marker

1871 (recorded May 3, 1871, Liber WMcKK 3, folio 389)

for $1575

[107&109]  [West half of Lot 50, acc. HSS.  They note that this is Edwards, not “Edmonds” as shown on the 1877 map.  It says S. Show owned or occupied the east half.  Both halves were drawn with structures.]

 

Charles M. Porter bought from John Remly (sp?), Trustee for Benjamin A. Edwards

1889 (recorded March 27, 1889, Liber 79, folio 376)

for ___

[107&109]  [West half of Lot 50, acc. HSS]  [Charles owned the west half in April 1887, according to adjacent Lot 49 deed Shindler et al to Hebb, Liber IN 4, folio 91-2]

 

Jacob F. Miller bought from Hermin O. Clipp

April 21, 1891 (recorded    , Liber 97, folio 80)

for $___

[111&113]  Eastern portion of Lot 50 and western portion of Lot 51.  [from the citation in the 1903 deed]

 

Oliver T. Reilly bought from Charles M. & Mary A. Porter

1894 (recorded November 27, 1894, Liber 102, folio 572)

for $1000

[107&109]  [West half of Lot 50, acc. HSS]  [Mr. Reilly lived here, operated a shop selling Battlefield souvenirs, and conducted tours.]

 

Inich Hammond bought from Urilla V. Houb, Annie C. Wyand, David F. & Eliza J. Otto, William H. & Ellen L. Thomas, Knode & Mary S. Newcomer, Henry W. & Laura S. Rohrer, Henry M. & Emma A. Miller, Otho W. Miller, Joseph L. & Susan F. Thomas, and John E. & Alice B. Otto, heirs of Jacob F. Miller, all of Washington Co.

2 April, 1903 (recorded 7April, Liber 117, folio 675-6)

for $1,280

[111&113]  Eastern portion of Lot 50 and western portion of Lot 51, with buildings and improvements, beginning at the South West corner of Eugene [?] Marker’s Dwelling, running west along the boundary line of the North side of Main Street 51’6” to the South East corner of Elizabeth Show’s lot, North 209’10” to the alley, 51’6” back to Marker’s lot, and 209’10” back to the street, containing 10,806.5 sq. ft.  Being the same that was conveyed to Jacob Miller by Hermin O. Clipp in 1891.

 

[The script is not perfectly easy to read, regarding middle initials J, which could be I, and which is close to the shape of S.  Inich is hard to read.  Hammond may be Hammand.  He was listed as Josiah Hammond, with this deed number, in 1991, still, on the tax/plat map copied in the Historic Structures Survey.  51’6” total width for these two lot portions would make them each half as wide as usual for half lots, and it doesn’t agree with the 1877 Atlas or the modern tax map, so this seems to be a mistake.  “Two Hundred and Nine Feet and Ten Inches” looks like the right reading for depth, but it should be 206’.]

 

William H. Thomas mortgages for Inich & Alice V. Hammond

2 April, 1903 (recorded 7April, Liber 117, folio 676-7)

for $1,000

[111&113]  Eastern portion of Lot 50 and western portion of Lot 51 as described above.  The Hammonds are to repay the loan by 2nd April, 1904, but they were released, for value received, on 2nd April, 1923, by Edith M. Hess, legatee named in the last Will and Testament of her father William H. Thomas, dec’d, and sole heir of her mother Ellen L. Thomas, also dec’d.     

 

Raleigh Bender bought from ____

Abt 1937 (recorded ___, Liber 207, folio 669)

[111&113]  [East half of Lot 50, from 1990 tax map]

 

Charles A. and Martha W. Billmyer bought from Oliver T. Reilly

1939 (recorded April 4, 1939, Liber 209, folio 181)

for $700

[107&109]  [West half of Lot 50, acc. HSS]

 

Raleigh S. Bender bought from Charles & Martha Billmyer of Montgomery County

1944 (recorded October 30, 1944, Liber 228, folio 102)

for $2000

[107&109]  [West half of Lot 50, acc. HSS]

 

Otha S. Bender bought from ____

            Liber 732, folio 1003

[107&109]  [West half of Lot 50, from 1990 tax map]

 

Brien & Chase Poffenberger bought from ____

[107&109]