Elizabeth City County (Va.) Deeds and Related Records, 1684-1945 (bulk 1900-1945)

Access and use

Location of collection:
Library of Virginia
The Library of Virginia
800 East Broad Street
Richmond, VA 23219
Contact for questions and access:
POC: Archives Reference Services
Phone: (804) 692-3888
Restrictions:

Division of enslaved person, 1852, between Gilbert and William Mears, is digitized and available through Virginia Untold: The African American Narrative Digital Collection on the Library of Virginia website. Please use digital images.

Terms of access:

There are no restrictions.

Preferred citation:

Elizabeth City County (Va.) Deeds and Related Records, 1684-1945 (bulk 1900-1945) . Local government records collection, Elizabeth City County Court Records. The Library of Virginia, Richmond, Virginia

Summary

Extent:
54 boxes; 21 volumes
Creator:
Elizabeth City County (Va.) Circuit Court
Abstract:
Language:
English
Preferred citation:

Elizabeth City County (Va.) Deeds and Related Records, 1684-1945 (bulk 1900-1945) . Local government records collection, Elizabeth City County Court Records. The Library of Virginia, Richmond, Virginia

Background

Scope and content:

Elizabeth City County (Va.) Deeds and Related Records, 1684-1945 (bulk 1900-1945) are largely unprocessed but likely consists of deeds of bargain and sale, deeds of gift, mortgages, bills of sale, and deeds of trust. These records also include index to deeds.

Deeds of bargain and sale are the most recorded deed in which one individual sells property, usually land, but occasionally personal property, to another individual. Such deeds show the names of the grantor and grantee, the residence of both parties, a description of what is being sold, the consideration (or price), the location of the tract of land, the tract's boundaries, and any limitations on the property being sold. The deed was signed by the grantor, and possibly his wife or anyone else having a claim to the property, and by at least two witnesses. Appended to the deed may be a memorandum of livery of seisin, stating that the property has changed hands and that peaceful possession has taken place.

Deeds of gift are often found transferring property, either real or personal including enslaved people, from one individual to another "for love and affection." The degree of kinship, if any, between the grantor and grantee is sometimes stated. Information recorded included name(s) of the grantor(s), grantee(s), and enslaved people. Deeds of gift were proved and recorded in the local court.

Mortgages and deeds of trust were deeds where one party is indebted to another and transfers or mortgages property to a third party to secure the debt.

Bills of sale are written agreements which convey title of property, such as an enslaved person, from seller to buyer. Bills of sale record the name of the seller, the names of enslaved persons being sold and their price, and the name of the buyer. Given that they involved a property transaction, bills of sale were commonly recorded and filed with deeds in the local court.

Biographical / historical:

Context for Record type: Bills of sale are written agreements which convey title of property, including enslaved people, from seller to buyer. Under the system of chattel slavery, laws permitted enslavers to treat enslaved people as personal possessions in the same manner as livestock, farm equipment, or household items. Enslaved people could be bought or sold without regard to their personal relationships or free will. Bills of sale record the name of the seller, the names of enslaved people being sold and their price, and the name of the buyer. Given that they involved a property transaction, bills of sale were commonly recorded and filed with deeds in the local court. However, there was no official requirement that the transfer of an enslaved person be recorded unless necessary for legal purposes such as a court case or an estate settlement. Enslaved people could also be transferred through a deed of gift, there was no money transaction involved in this case, which distinguishes this record from a bill of sale. Enslavers and their family members often transferred enslaved people between themselves in this manner.

Deeds are written agreements which convey title of property, such as an enslaved person, from one individual to another. These include the voluntary transfer of enslaved people between family members with no financial transaction involved. Deeds include the names of the grantors, grantees, and enslaved people. Clerks proved, acknowledged, and recorded deeds in the local court.

Locality History: : Hampton was located in Elizabeth City County, which is now extinct. It takes its name from the Hampton Creek, earlier called Southampton River in honor of the earl of Southampton, an important figure in the Virginia Company of London. An Indian village stood on the site in 1607, when John Smith visited the area. The English established a village there in 1610 and a trading post in 1630. Hampton was established by an act of assembly in 1680 and was designated as a port in 1708. It was first incorporated as a town in 1849, then it was incorporated again in 1852, but the act of incorporation was repealed in 1860. The General Assembly again incorporated the town of Hampton in 1887, and it became a city by court order in 1908. It was greatly enlarged in 1952 by a merger with Elizabeth City County and the town of Phoebus; the county and town thereby became extinct.

Elizabeth City County was named for Elizabeth, daughter of James I, and was one of the eight shires established in 1634. It was incorporated into the City of Hampton in 1952 and became extinct.

Lost Locality Note: Records were burned or destroyed during the Revolutionary War and the War of 1812. Additional records were burned in Richmond on 3 April 1865, where they had been moved for safekeeping during the Civil War. A few pre-Civil War volumes such as deed books, will books, and order books exist

Acquisition information:

Majority of Elizabeth City County deeds came to the Library of Virginia in a transfer of Court records in an undated accession.

A portion of Elizabeth City County deeds came to the Library of Virginia in a transfer of Court records in 2011 under accession 45562

A portion Elizabeth City County deeds came to the Library of Virginia in a transfer of Court records in 2012 under Accession 50572

Processing information:

Division of enslaved persons, 1852, between Gilbert and William Mears, who were deeded the enslaved persons by Catharine Mears, their mother. The following persons are named: Jim, Peter Sr., Lyttleton, Sam, Charley, Robert, Merit, Matilda, Margaret, Nancy, Cealy, Fanny, Mary, Robert, Jim, Mary Ann, Charlotte, Sally, Eliza, Charles, Mandy, Mary, Easter, Amy, Patty, Ada, Joe, Jackson, Peter Jr., Jim Henry, Merit, Washington, Jim, Lizzy, Margaret, Lucy, Louisa, Emily, Caroline, Margaret, Louisa, Indianna, Hannah, Martha Ann, Henry, Robert, Causey, Frances, Maria, Ann Eliza, and Candice. Was previously described in the Elizabeth City County (Va.) free and Enslaved record, but was removed and transferred to the Elizabeth City County (Va.) Deeds and Related Records in August 2026.

Encoded by S. Waters, 2007 ; Updated by M. Mason, August 2026

Arrangement:

This collection is arranged

  • Series I: Deeds and Bills of Sale relating to free and enslaved Black and Multiracial persons, 1852
  • Series II: Deeds and Records relating to, 1684-1945
  • Series II Subseries A:Deeds, 1817-1945
  • Series II Subseries B:Deed Books and Indexes, 1684-1831

Physical location:
Library of Virginia
Physical description:
.