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Her Land

It’s not often that one finds a female spouse purchasing land in the late 1880s, but that is exactly what Angelina Jane Burke Currey did in 1879. Since there are several court documents in 1876 and 1877 where Angelina, her sister, Sarah Burke Hornbuckle and their husbands, Hiram Currey and Gilbert Hornbuckle sued two Burke brothers, Milton and John, for the partitioning of some land in Platte County, Missouri.

Further documentation needs to be found regarding this case and the associated land, but it appears that the court ordered that the land be sold with proceeds being split by the four siblings. Based on a deed between the two brothers, it appears that at least some of the disputed land was sold in 1877. The proceeds Angelina Burke Currey would have received from the sale of this land may have been the cash that allowed Angelina Currey to purchase land in 1879.

In August 1879, Angelina Jane Currey purchased by deed of sale from Owen Duffy and Catherine Duffy 20 acres of land being the South 1/2 of the Southwest quarter of the Southeast quarter of section 25 of township 9 of range 22 in Leavenworth County.

This deed, made the nineteenth day of August in the year of our Lord one Thousand Eight hundred and Seventy Nine between Owen Duffy and Catherine Duffy his wife of Leavenworth City in Leavenworth County and State of Kansas parties of the first part and Angelina J. Currey of the County of Leavenworth and State of Kansas party of the second part witnesseth that the said parties of the first part, for and in consideration of the sum of Six hundred dollars to them in hand paid by the said party of the second part the receipt whereof is hereby confessed and acknowledged, do by these presents, grant, bargain, sell, remise, release, alien, convey and confirm unto the said part of the second part and to her heirs and assigns forever, all of the following described piece and parcel of land lying and situate in the County of Leavenworth and State of Kansas, to wit: The South one half of the south west quarter of the south east quarter of section twenty-five (25) in Township nine (9) of Range twenty-two (22) containing twenty (20) acres. Together with all and singular the hereditaments and appurtenances thereunto belonging or in any wise appertaining: To have and to hold the said premises, with the hereditaments and appurtenances unto the said party of the second part her heirs and assigns forever, and the said Owen Duffy and Catherine Duffy for themselves and their heirs and legal representatives do hereby covenant to and with the said

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part of the second part her heirs and assigns that they are lawfully seized of the premises aforesaid and [ha] full power to convey the same that the said premises are free and clear of and from all encumbrance except taxes for 1877, 1878 and 1879 and that they will forever warrant and defend the same with the appurtenances unto the said party of the second part her heirs and assigns forever against the lawful claims of all persons whomsoever In, testimony whereof the said parties of the first part have hereunto set their hands and seals this day and year first above written
Owen Duffy (seal)
Catherine Duffy (seal)
executed in the presence of

State of Kansas
Leavenworth County
Be it remembered that on this 19th day of August AD Eighteen hundred and Seventy Nine before me the undersigned a notary public in and for the County and State aforesaid came Owen Duffy and Catherine Duffy his wife who are personally known to me to be the same persons who executed the foregoing instrument of writing and such persons duly acknowledged the execution of the same. In witness whereof I have hereunto set my hand and affixed my notarial seal the day and year last above written.
Aam’l Atwood, Notary Public.

The State of Kansas
Leavenworth County
I the undersigned county clerk, in and for said county, hereby certify that the property described in the within instrument of writing was entered in the Transfer Record in my office on this 20th day of August AD 1879 (seal county clerk) J W Wilkans, Clerk
Recorded August 20th AD 1879 at 11 1/2 o’clock AM
Wiliam Crowder Register of Deeds

Leavenworth County, Kansas, Deed Records, p. 375-376, Angelina J. Currey, 19 August 1879; Register of Deeds, Leavenworth County Courthouse.

In 1887, Angelina and her husband, Hiram Currey, sold a portion of this land to the Leavenworth Northern and Southern Railway Company.

Know all men by these presents that Angeline J Curry and H. M. Curry her husband of the County of Leavenworth in the State of Kansas in consideration of the sum of one hundred and seventy five 35/100 Dollars in hand paid by the Leavenworth Northern and Southern Railway Company a corporation duly organized, under the Company a corporation duly organized, under the Laws of the State of Kansas have bargained and sold and do hereby grant and convey unto the said Leavenworth Northern and Southern Railway Company its successors and assigns forever the following premises situated in the County of Leavenworth and State of Kansas and described as follows a strip of land one hundred (100) feet wide the same being fifty (50) feet in width on each side of the center line of the Railroad of said Railway Company as now located through and across the West Twenty (20) acres of the South forth (40) acres of the southeast quarter of section twenty five (25) township nine (9) south of range twenty two (22) East and from Station 808 +42 to Station 814 +40 said strip containing one and 37/100 acres
To have and to hold siad premises with the appurtenances

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unto the said Leavenworth Northern and Southern railway Company its successors and assigns forever and the said Angelina J Curry for herself and heirs doth hereby covenant with said Railway Company its successors and assigns that she is lawfully seized of the premises aforesaid: that the premises are free and clear from all incumbrances whatsoever and that he will forever Warrant and Defend the same with the appurtenances unto the said Leavenworth Northern and Southern Railway Co. its successors and assigns against the lawful Claims of all persons whomsoever. In Testimony whereof the said Angelina J Curry and H. M. Curry her husband have hereunto set their hands this eleventh day of January AD 1887
Angelina J Currey
H. M. Currey
The State of Kansas
Leavenworth County
On this Eleventh day of January AD 1887 before me Clerk of the District Court in and for said County personally came Angelina J Curry and H. M. Curry to me personally known to be the same persons who executed the foregoing instrument as grantors and they duly acknowledged the execution of the same. On witness whereof I have hereunto subscribed my name and affixed my official seal on the day and year last above written.
C W Curan
Clerk of the District Court (seal of court)
Entered in Transfer Record Book B page 134
J W Niehuas
Clerk of Leavenworth County
Seal of Co Clerk
Recorded February 28th AD 1887 at 8 o’clock AM
John J Roche
Register of Deeds

Leavenworth County, Kansas, Deed Records, 1879-1893 page 224, Angelina J Curry and H. M. Curry, 11 January 1887; Register of Deeds, Leavenworth County Courthouse.

In 1889, Angelina and her husband Hiram Currey sold coal and mineral rights on one acre of their land to W. H. Bond.

Hiram M. Curry and Angeline J. Curry his wife do hereby sell, and warrant to W. H. Bond of Leavenworth Kansas or his assigns all strata and deposits of coal and other minerals underlying the following described land in E Side SE 1/4 Sec 25 Town (9) Range (22) 1 acre and S side SE 1/4 Sec 25 Town 9 Range (22) (20) acres in the County of Leavenworth and State of Kansas for the sum of twenty dollars per acre payable in the stock of The Boston Mining Company of Kansas city Kansas to in hand paid dated Leavenworth Kansas June 12th 1889
Angelina J. Currey
Hiram M. Currey
State of Kansas Leavenworth County ss. Be it remembered that on this 12th day of June A.D. 1889 before me the undersigned a notary public in and for the county aforesaid came Hiram M. Curry and Angeline J. Currey who are personally known to me to be the same persons who executed the foregoing instrument of writing and such persons duly acknowledged the same witness my hand and official seal the day and year last above written
Jno H. Atwood (notarial seal)
Notary Public
My commission expires Apr 15th 1892
State of Kansas Leavenworth County SS I the undersigned County Clerk of the County of Leavenworth in the State of Kansas hereby certify that I have properly entered the transfer made by the within deed on the transfer record in my office as such clerk on page 276 of Book B thereof this 31 day of July 1.D. 1889
J. N. Niehaus
Co Clerk (seal)
Recorded July 31st A.D. 1889 at 8.20 oclock A.M.
Peter C. Becker
Register of Deeds

Leavenworth County, Kansas, Deed Records, 1879-1893, Hiram M Curry and Angelina J Curry, 12 June 1889; Register of Deeds, Leavenworth County Courthouse.

In 1893, Angelina and Hiram Currey lost their land after being sued by Samuel J. Sully. Samuel Sully sued for recovery of $578 on note of mortgage on the land

Samuel Sully filed a suit against Angelina J. Currey et al to recover $578 on note and mortgage on twenty acres in Section 25, township 9 range 22

“Local News,” The Leavenworth Times (Leavenworth, Kansas), 12 January 1893, page 6; digital image, Newspapers.com (www.newspapers.com : viewed online 22 January 2021).

In July 1893, the land was sold by Sheriff’s Deed.

Sheriff’s Deed
Know all men by these presents, that whereas, at the April Term A.D. 1893, of the District Court of the County of Leavenworth, in the State of Kansas, and on the 10th day of July A.D. 1893 during said term of said Court, in a certain action then pending in said court wherein Samuel J Sully was plaintiff and Angelina J Curry Hiram M Curry, George W Mickle, the Moline Plan Company and the Bas[lou] Coal and Mining Company were defendants, the said plaintiff Samuel J Sully did, in and by the consideration of the said District Court, obtain and recover a judgment against the said Angelina J Curry and Hiram M. Curry for the sum of six hundred and sixty eight 11/100 dollars with interest thereon at the rate of ten per cent, per annum from the date, said the 10th day of July A.D. 1893, until paid, and also for all his (said plaintiff’s) costs in the action expended, in that judgement then taxed at $32/20 and that execution issue therefore:
And Whereas, it was then and there in said action, in and by said Court, further Considered, ordered and adjudged that unless the defendants in that action, or some of them, or some person or persons should and did, within six (6) months from that time, pay to said Samuel J. Sully said sum of Six hundred and sixty eight 11/100 dollars with interest thereon at the rate of ten er cent, per annum from that time, said 10th day of July A.D. 1893, until paid, and [his] said Samuel J Sully costs in this action expended
that the following described tract of land situate, lying and being in the County of Leavenworth, in the state of Kansas, namely: The South half of the Southwest quarter of the Southeast quarter of Section twenty five (25) township nine (9) range Twenty Two (22) containing twenty acres excepting that from one and thirty seven hundredths (1 37/) acre taken for right of way by The Leavenworth Northern & Southern Railway Company
be sold without redemption therefrom, and without appraisement thereof, and that execution issue for the sale thereof, and that the same be sold in the same manner as in cases of sale of real estate on Execution:
and that the officer making such sale appropriate and dispose of the proceeds arising therefrom by paying, First: The costs in said action incurred including the costs of such sale. Next and Second: by paying the taxes if any on and against said land.
Next and Third: by paying plaintiffs judgment and interest theron
and that he, such officer, bring the remainder such proceeds, if any there should be, into said Court for distribution and application thereof:
And Whereas, it was also then by said Court, in said action, on said 10th day of July A.D. 1893, further considered, ordered and adjudged that the defendants therein and each of them, and all persons claiming by, from, through or under them, or any or either of them, be, and they were thereby that is, then in and by said Court, in said action by its judgment then rendered in said action, forever barred and forecloased of and from all and any right and equity of redemption and other right whatever of, on, or in or to the tract of land aforesaid from and after such sale thereof, and they, said defendants and each of them, and all persons claiming by, from, through or under them or any or either of them, were thereby, that is, in and by said Court in said action by its judgment then rendered in said action, ordered and required to yield, surrender and deliver possession of the tract of land aforesaid, to the purchaser or purchasers thereof at said sale, so soon as demand therefore should be made, and that in case they or any of them make default in so doing, that a Writ of Assistance issue to enforce such delivery of possession.

Leavenworth County, Kansas, Deed Records, 1879-1893 p. 181, Sheriff’s Deed – ANgelina J Curry, 10 July 1893; Register of Deeds, Leavenworth County Courthouse.

Angelina’s land was gone.