Hi again! I need to cite something (well, two subsequent somethings) from a Wise County, Texas deed book that I haven't encountered before, but I don't know what to call them or how to describe them. Here's what I have:
1. Wise County, Texas, Deed Records 30:18-19, [-----------]; imaged, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3Q9M-C3SN-43VK-H : accessed 7 March 2024), digital film 008503863, images 22 and 23 of 1139.
2. Wise County, Texas, Deed Records 30:19-20, [-----------]; imaged, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3Q9M-C3SN-43VK-H : accessed 7 March 2024), digital film 008503863, images 23 and 24 of 1139.
So, tell me if my understanding is correct:
1. Middleton Maroney was suing for all or any lands that he may be entitled to as one of the heirs of Peter Maroney, deceased. On 15 November 1893, Middleton filed a petition[?] at the Marshall County, Alabama Circuit Court appointing Will A Miller Jr of Wise County, Texas as his attorney to do act on his behalf since he could not be personally present. It was filed for record 10 July 1894 and recorded 23 July 1894 — but filed and recorded where? In Marshall County or Wise County?
2. The following record is a testimony (or affidavit? Is there a difference?) given by Middleton Maroney regarding the Maroney family history to establish the heirs at law of Peter Maroney.
Could you provide insight or clarification where I've bolded and italicized?
As always, thank you so much!
Great questions, Taylor--and…
Great questions, Taylor--and fantastic documents, especially the second one! Incidentally, I have moved your question from the Citation Issues Forum to the Record Usage and Interpretation Forum. The issue here is the nature of the documents, not how to cite them. You've handled the citations well.
One of the wonderful things about deed books, often overlooked, is that they carry a variety of documents other than land sales. Often overlooked, also, is the fact that indexes to deed books often do not index these non-deeds. This is especially so with the consolidated, typed indexes that were created in the modern era. Miscellaneous items of the type Middleton Maroney created, as with sales of enslaved people, are often omitted from a county's modern "master" index on the premise that those records were no longer relevant.
The Maroney document on pp. 18–19 is a power of attorney:
“I, Middleton Maroney .. have constituted and appointed and by these presents do constitute and appoint Will A. Miller Jr. of the County of Wise and State of Texas my true and Lawful Attorney ...”
Powers of attorney typically state the purpose for which that power is granted. In this case, as you noted, a law suit was anticipated:
“... for me and in my name to sue for and recover all or any lands that I may be entitled to receive as one of the heirs of Peter Maroney deceased and to sell, transfer, and convey, release or Quit-Claim the same or any part there … and to do and perform all and any acts that I could or would do if I were personally present.
The use of the word “attorney,” of course, does not mean that Will A. Miller Jr. was an attorney at law. In a “power of attorney” someone appoints an “agent” to act for them and pledges to be legally bound by the actions that agent takes on their behalf.
The Maroney document on pp. 19–20 is an affidavit.
The term testimony usually applies in a court case when attorneys ask specific questions and the witness answers those specific questions. Affidavits are more free-ranging documents in which someone, who has something they want to say on record, goes before a notary or justice and says “here’s what I know that I want you to make a record of for legal purposes.” In addition to situations such as the one at hand, we more commonly see affidavits in pension and claim files.