History of the city of Columbus, capital of Ohio, Volume I, Part 85

Author: Lee, Alfred Emory, 1838-; W. W. Munsell & Co
Publication date: 1892
Publisher: New York and Chicago : Munsell & Co.
Number of Pages: 1202

USA > Ohio > Franklin County > Columbus > History of the city of Columbus, capital of Ohio, Volume I > Part 85

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thickness. They are ordinarily about eight inches long and thirteen wide; some of them, however, consist simply of sheets of paper fastened together. The method of entering lands on the duplicate differed in many respects from that now employed. The office of County Auditor was not created until 1820, prior to which year the duties of the office were discharged by the County Commissioners and Tax Collectors. The duplicates of 1811, 1812 and 1813 are contained in a single book. Following the duplicate of 1812 is evidently that of 1813, but the entry " 1813" placed in the upper lefthand corner of the first page is the only one to indicate the purpose or nature of the record. The duplicate of 1820 con- tains nothing between its covers to indicate what it is; excepting the first three pages there is nothing at the top of the page to shed any light on its purpose or contents. The book containing the list of delinquent lands for 1829 shows no head- ing on any of its pages. An analysis indicates that it comprises a list of delin- quent land with the taxes on the same and marginal entries showing when and by whom the taxes were paid. The writer was not able to find duplicates for several of the years between 1813 and 1826. One book is marked : " Year unknown. No tax on this duplicate." Another, folded like foolscap, cannot be identified but is prob- ably a tax duplicate of some year. The first duplicate on which we were able to find the lands of Columbus designated as outlots and inlots was that of 1825. Prior to that, as far as observed, the lands were returned in bulk as acreage. In 1827 the value of lots in Columbus, as shown by the duplicate, ranged from six dollars and forty cents to four hundred and eighty dollars. A large number were valued at eight dellars apiece. The valuation of other lots was usually some multiple of eight. The first duplicate which approaches completeness is that of 1826. It is highly improbable that any of the early sales of lands for delinquent taxes were in strict accordance with statutory requirements.

The value of real estate depends largely on its proximity to sewers and on the amount of travel on the street on which it is located. The amount of travel depends in great measure on the condition of the streets. A tabulated statement of expenditures for street paving and sewers is therefore appended hereto.

The partial destruction by fire of the records in the office of the County Recorder during the night of March 31, 1879, occasioned a serious loss of informa- tion regarding land in this city and county. As the territory within the present limits of Franklin County constituted originally a part of Ross County, all con- veyances of real estate lying within our present county boundaries were recorded, before Franklin County was organized, in the Ross County records. These records, so far as they pertain to Franklin County lands, were transcribed in a book kept in the Recorder's office. The next oldest deed books were lettered A, B, C, D, E, F, G, and H. The lettered deed books contained all the deeds up to about the year 1823. All other deed books were designated by figures. Adjoining the Recorder's office in the old Courthouse on the corner of High and Mound streets, a vault was built for the presevation of all records and documents required to be kept in that office. This vault was fourteen by sixteen feet inside, and was connected with the Recorder's office by double iron doors. It was the custom of the Recorder, Nathan Cole, to lock the inside door but simply to close the outer door leading to

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the vault. Opposite the doors was a window with double iron shutters. Wooden shelving for books was arranged on the east and west sides of the room ; the cases for chattel mortgages and other papers stood near the entrance to the vault, on the west side of which were kept the deed books and on the east side the mort- gage books. The walls of the vault were hollow and made of brick ; the floor was stone and the ceiling of brick supported by iron posts. When the Chief Clerk in the Recorder's office, Beal E. Poste, attempted, on the morning of February 1, 1879, to open the outer doors of the vault he found them bolted and the combination hot. The space between the inner and outer doors was filled with smoke, and when the inner door was opened a dense volume of smoke issued from the vault. An alarm was soon given and in a few minutes the fire was extinguished. It started at the southwest corner of the vault under deed book A, and extended north ward along the west side.

The deed books began with the oldest volumes on the bottom shelf in the south- west corner and proceeded north and south alternately along the west side of the vault in progressive numbers. The volumes burned were the Ross County records (since replaced) and volume A, B, C, D (except a few pages), E, F, G, H, 1, 2,3, 5, 10, 11 (the last two containing the deeds recorded in the years 1833 and 1834), 105, 112, 113, 114, 115, 116, 119, 120, 122, 123, 124, and plat books 1, 2, 3, 4, 5, 6. The fol- lowing volumes were damaged or partially burned : 4, 6, 7, 8, 9, 104, 106, 107, 108, 109, 110, 111, 117, 118, 121, 125, 126, 127, 128, 130 and 131. The whole of Volume 119 was not destroyed but what remains of it is so badly damaged that it yields little information. The records prior to 1804 and from 1871 to 1877 are damaged or burned. Volume F contained the orginial town plat of the City of Columbus and the greater part of the conveyances from the original proprietors of the capital. The total number of deeds and instruments destroyed was about 11,500. Of these about 3,500 have been restored. About six hundred plats and maps were also destroyed which have not yet been restored to the records. None of the mortgage records or chattel mortgages were injured.

The destruction of the county records produced intense excitement. The presence of petroleum or some other inflammable substance on some of the books, and the fact that the backs of some of them were folded together so that their leaves hung open and projected beyond the shelving, produced a belief that the burning was the work of an incendiary. The odor of petroleum is still percepti- ble on deed books 104 and 105. Henry Heinmiller, Chief of the Fire Department, estimated that there were twentyfive unburned volumes whose backs were folded together and whose open leaves hung projecting beyond the shelving. Several of the volumes were burned through the center while other portions of them were but slightly injured. One fireman removed five volumes held in their places by the backs; the open leaves of these books projected beyond the shelves. Another fireman removed seven volumes, and still another removed three which were found in a similar position. The County Commissioners offered a reward of three thousand dollars for the detection and conviction of the incendiaries. Albert F. Brown was arrested. In his preliminary hearing before the Mayor the State was represented by Hon. George K. Nash and Prosecuting Attorney W. J. Clarke, and

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the accused by J. C. Groom and Hon. George L. Converse. At the conclusion of the testimony Brown was discharged and no further arrests were ever made. The origin of the fire remains a mystery. The Board of County Commissioners appointed a committee to investigate and report upon the fire. As the report contains valuable information it is here given entire :

COLUMBUS, Omo, February 5, 1879. To the Board of County Commissioners of Franklin County, Ohio,

GENTLEMEN - The Committee appointed by your Honorable Board to examine the Recorder's vault, and the books recently burned therein have carefully examined the premises and many of the books damaged by the fire. We have also taken the sworn testimony of about twentyfive persons who had some knowledge of the records and the fire ; and from examination of the premises and books, and from what has been adduced from the testimony taken, we are forced to the unanimous conclusion that the fire was unmistakably the work of an incendiary, the proof of which is abundant and conclusive in the partially burned books which have been saturated with coal oil, or some other inflammable liquid, and the further fact that many of the books had been taken from their proper position in the case and reversed by bringing their backs together and putting them - the backs - in the case with the leaves hanging outside of the shelving; this is further substantiated by the fact that many of the books have the centre leaves burned while the backs are but little damaged. This condition of things could not exist without the interposition of an incen- diary hand. We would therefore recommend that the Board of County Commissioners immediately offer a reward of not less than $2,000 for the apprehension of the guilty person or persons, and payable upon their conviction.

The window of the vault is provided with two sets of iron shutters, and while they are believed to be safe, as against a conflagration, yet they are but little or no protection against burglars. The main entrance to the vault is a double iron door. The inner door fastens with a Yale lock, plain key, easily duplicated and of but little security. The outer one of the iron doors is provided with a combination lock. The combination wheels, however, had been taken off by the Recorder and the lock on that door of the vault has never been used. There were two keys to the inner door of the vault, one of which was carried by Mr. C'ole, the Recorder, and the other by his clerk, but within the last six months this one key has been in the hands of four different persons from one to ten days. The outside office door was locked with a common key, a simple brass key, without any wards, and therefore of little or no protection. The vault in which the books of the Recorder's office were kept was intended to be fireproof, and it is believed to be secure from exterior fire, but experience has shown that it was not proof against burglarious operations or internal burning. We believe, too, that the wooden cases in the vault were the means of increasing and intensify- ing the fire, and it is therefore a dangerous element and onght not to be tolerated in any of the vanlts. We are also of the belief that the vaults in which valuable records are kept are no safer, and much more insecure. We would therefore recommend that the Commissioners remove or cause to be removed all the wooden shelving. tables and cases in the different offices and vaults in which valuable records are kept, and cause iron shelving, tables and cases to be put up instead; and to make all other repairs or improvements that may be necessary to secure all the public records against both fire and burglars. Of such great value are the public records, and the loss, inconvenience and litigation that comes from their destruction are such as to urge that the Commissioners shall act with promptness in the matter, leaving nothing undone to secure their safety beyond any question. Expense in securing these improvements is a secondary consideration in comparison with the object to be attained.

Your committee deemed the subject under investigation of sufficient importance to require the services of a stenographer and all the testimony was therefore taken verbatim,

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a summary of which is herewith submitted; and we would recommend that the entire testimony as taken be written out in full and retained by the Commissioners in the fireproof safe, and we would further recommend that none of the testimony be published at present. B. F. BOWEN, T. EWING MILLER, C. H. FRISBIE, JOSEPH H. OUTHWAITE, Committee.

Inconvenience and annoyance necessarily resulted from the destruction of the records. Besides the expense and loss of time incurred by the property owners in procuring affidavits, new deeds or other evidence to supply missing links in the chain of title, or in some cases in quieting titles by legal proceedings, the pecuniary loss actually sustained is not believed to be great. The evidence of many bound- ary lines has doubtless been destroyed forever; copies of many of the plats may be seen in the City Engineer's office but they do not possess the same value as the originals. But time heals every wound, and it is silently and effectually repairing the loss of the burned documents. In this connection the following communica- tion from a distinguished jurist, printed in the Ohio State Journal of February 4, 1879, is worthy of repetition :

It seems to me an unnecessary consternation has been excited hy newspaper comments about the destruction of some of the records of deeds of Franklin County. It will not pro- bably result in the loss of a foot of any one's lot or farm. In the first place nearly every tract or lot has been in the possession of the owner, with those before him, for more than twenty- one years. In general this is a title that no one can disturb. Time is a wonderful quieter of titles. In the next place, anyone claiming title against the one in possession must prove a paper title in himself. The burden is on him, and what help can he derive from records of deeds burnt and originals ? Possession is literally, as to land, more than nine points in law. It is almost impossible to forge a deed, acknowledgment, names of parties and names of wit- nesses without detection. There is no probability that anybody will attempt it. The mis- fortune will probably result in some apprehensions on the part of a purchaser who hereafter buys, and that will not amount to much. The whole county is mapped. Some will allay their fears by procuring from Brown Brothers an abstract of their title. Better wait until you have a lawsuit about your title. Reflect how seldom it is that one sees or has occasion to see the deed of his farm. In a city like Chicago, where the lots are shingled over with mortgages, and many lying out in prairie, the destruction of the records was a much more serious inconvenience than the burning of a few volumes of our deeds.

J. R. SWAN.

The loss occasioned by the destruction of the records is materially reduced by the existence of abstracts of records prepared prior to the fire. Some of these abstracts are accessible to property owners. In the latter part of 1859, while General C. C. Walcutt was holding the office of County Surveyor, he began to abstract the records of the county and continued his operations until the opening of the war in April, 1861. The abstracts prepared by him give the names of the grantor and grantee in cach deed, the consideration therein named, the description of the property conveyed, the number of witnesses to the instrument, its date and acknowledgment, the number of the deedbook in which it was found, and the page on which it was recorded. A warranty deed correct in every particular was marked " Deed." A quitclaim deed which was correct in all its parts was marked

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" Q. C." If there was any defect in the instrument or variation from the usual terms employed in a deed, the defect or variation was noted. General Waleutt abstracted all the deeds and instruments filed for record prior to May 27, 1821, and contained in the book of Ross County records and in books A, B, C, D, E, F, G, H, 1, and 2. Each day the abstracts prepared on that day were compared with the original records abstracted, and when the abstracts were indexed they were again compared with the original records. General Waleutt himself, assisted by William M. Mills, an attorney, made the comparisons. These abstracts are now owned by George J. Atkinson and are in daily use by him in his abstracting business. The Walcutt abstracts, as tested by the indexes in the Recorder's office, by the indexes hereinafter mentioned owned by George J. Atkinson and prepared by Poste & Crum, and by the instruments which have been again recorded sinee the destruction of the originals by fire, are found to be accurate.61

In addition to the foregoing Mr. Atkinson is in possession of a complete index of grantors, grantees, mortgagors and mortgagees prepared originally by Poste & Crum and continued by Mr. Atkinson to the present time. These indexes were prepared from the original records before the fire and are not merely copies of the indexes in the Recorder's office. They were carefully compared with the original records to secure accuracy. They contain the names of the grantors, grantees, mortgagors and mortgagees, arranged alphabetically and with reference to the vowels and consonants; the volume in which, and the page on which each instru- ment is recorded, and the consideration therein named ; a pertinent description of the property conveyed and the date of each instrument. The kind of deed, whether quitclaim or warranty, is also designated. An index of plats was also made. From these indexes a complete chain of title can be made. Mr. Atkinson has also preserved and filed away on slips of paper an abstract of all instruments shown in abstracts prepared by him.

The Brown Brothers' abstracts were prepared by William P. and James Finley Brown. In a circular issued by the Brown Brothers, dated November 1, 1879, they claim to have "an abstract of every deed, mortgage, lease, mechanic's lien, chattel mortgage or other instrument of record in the county, showing the property to which the same relates, the names of the parties, witnesses and officials appearing in each ; also the date of execution, acknowledgment and filing for record ; also an abstract of every judgment, decree and entry on the journals of the Common Pleas and District Courts during the past five years, together with indexes of all land and divorce suits in said courts the past seventyfive years." At the time the records in the Recorder's office were burned, the Brown Brothers had completed their abstracts up to that date. When they were overtaken by financial reverses their abstracts passed into the hands of John G. Edwards; they are now owned by George L. Converse, Junior. Through the courtsey of Mr. Converse, the writer was permitted to examine all the abstracts prepared by the Brown Brothers, excepting the abstracts of the burned deeds, which are prepared, however, the same as those which were exhibited by Mr. Converse. Miss Jennie Geren, of Mr. George J. Atkinson's office, who assisted in the preparation of the abstracts, aided in the examination. The abstracts of the burned records are kept by Mr. Con-

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verse in a vault at the bank. All the others and all the papers and documents in the possession of the Brown Brothers at the time of their failure are stored in a room in the Converse building. The books while kept in the vault prepared for them by the Brown Brothers became damp and mouldy. Some of them would have to be rebound, if used, but they have not been seriously injured.

There are about thirty large volumes of the size of the deed books or mortgage records in the County Recorder's office, and about thirty smaller volumes. These sixty volumes, however, do not all relate to deeds or mortgages.

The abstracts of deeds are contained in bound volumes from an inch to an inch and a quarter in thickness, and are about as wide as the booksin which the Auditor's duplicate is now kept, and nearly half as long. The abstract of any given deed begins at the left hand page and extends across both pages towards the right. The items abstracted are shown in the following order, to wit : - The name of the grantor and of his wife (if he were married), the names of the grantees, the civil township, section or survey, township, range, number of aeres, number of sub- division, lot, outlot, addition or subdivision, consideration, date of instrument, acknowledgment and date of the same, date of filing, where recorded, United States stamp, if any, release or nonrelease of dower, the names of the witnesses, the name of the notary public or justice of the peace before whom acknowledged and a description of the property. In designating the kind of instruments, "Q. C." indicates a quitclaim deed; " W " a warranty deed with all the covenants ; " D " a deed without convenants ; " M. C." a master commissioner's deed ; if any of the covenants are wanting the fact is indicated by- 1,-2,- 3, and - 4, as the case may be. The covenants are designated by the numerals and the minus sign indieates which one is omitted. If the last covenant only is given, it is indicated by " 4 only." If there are no covenants in the deed the letters " N. C." are sometimes used. The deed books contained abstraets of all deeds filed up to the month of June, 1881. Accompany- ing each book of abstracts of deeds is an affidavit made by the person comparing

the abstraets with the original record as to correctness. The affidavit recites that the person making it has carefully compared with the Brown Brothers' abstracts of any given deed books each of the instruments recorded in such deed books in the Recorder's office of Franklin County, Ohio, and that the abstracts of such deed records as so compared are correct; that references are noted to all instruments the abstract of which has been corrected by the affiant while comparing the same, and that all alterations or corrections are designated in the proper columus on the Brown Brothers' abstraet books. The affidavits were made before Judge John M. Pugh. The abstracting was done on specially prepared sheets which were afterwards bound together in book form. The corrections were made on these sheets and appear on the abstract books themselves. The comparison of the abstracts with the original records was made in each case by a person different from the one who made the abstracts.

There are two sets of mortgage abstracts, one of which is bound in volumes similar to those containing the abstracts of deeds; the other is made on sheets of paper, each showing the abstract of five mortgages. These abstracts were made by one person, and were verified by another who certifies on each abstracted mortgage that he has

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compared it with the original record ; subsequently a second comparison with that record was made by a person who made affidavit as to correctness of the work. The mortgages show the same items as the abstracts of deeds.

No indexes were prepared for the deeds filed between the years 1827 and 1877. The deeds up to and including deed book eight, i. e. to the year 1827, are indexed in one volume. The names are arranged alphabetically, with reference to the Christian name and the vowels of the surname. The names are arranged in two columns, the grantors' and grantees' names occurring in each. The grantors and grantees are designated by the words " from and to," written between the columns of names, thus: "John Doe from Richard Doe ; John Doe to Richard Doc." The indexes give the civil township, section or survey, township, range, number of acres, number of subdivision, number of lot, number of outlot, the addition or subdivision, date, consideration, record and remarks. If the premises are described as so many acres more or less, the expression " more or less" is indicated by a circle with a dot in the centre. If the number of acres is actually greater than named in the deed it is indicated by a plus mark after the number. In the index beginning with the year 1877, a minns sign following a name indicates that of a grantor. The plus sign following a name indicates more than one grantor or grantee, as the case may be. The index of deeds beginning with the year 1877, the mortgage indexes and the index of deeds filed prior to 1827, were all prepared in substantially the same manner and show the same items. On the mortgage index the letter " W " following the mortgagor's name indicates that his wife joined in the mortgage. There is also what is termed a property index for the inlots and ontlots of Columbus. The arrangement of the indexes is such as to show almost at a glance every mortgage over filed affecting any given lot. If the release of a mortgage is irregular, it is indicated by an interrogation mark ; if par- tial, by an asterisk. Under remarks statement is made of the portion of the lot mortgaged. If the mortgage contained reference to a deed or other instument, the place where such document may be found is noted. The mortgage records are numbered successively. The index is completed to the year 1875.

The plat books contain copies of all the plats that were recorded prior to the time their books passed out of their hands. These plats bear evidence of careful preparation. On the margin of the books are noted many facts designed to aid the Brown Brothers in the preparation of abstracts, such legislative acts as affect the premises described in the plat, suits affecting any part of the platted premises, a reference to Auditor's deeds for premises sold for delinquent taxes, and proceed- ings of the City Council relating to the vacation of streets and alleys. The plat books show where the plat was recorded and by whom it was made and certified. In many cases plats were made of surveys in the Virginia Military District; also of sections, halfsections and quarter townships. The various corners and bearings as determined by the original survey are also given. The work is done with nent- ness and conveys an impression of accuracy.

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History of the city of Columbus, capital of Ohio, Volume I, Part 85

Author: Lee, Alfred Emory, 1838-; W. W. Munsell & Co Publication date: 1892 Publisher: New York and Chicago : Munsell & Co. Number of Pages: 1202

Author: Lee, Alfred Emory, 1838-; W. W. Munsell & Co
Publication date: 1892
Publisher: New York and Chicago : Munsell & Co.
Number of Pages: 1202