Welcome to the History Corner!
Port Byron, New York is an old Erie Canal village in the Town of Mentz, located along the pathway of the original Clinton's Ditch. My mission is to promote the rich history and heritage of our community with emphasis on our pioneer families, their contributions as well as any other tidbits that readers may enjoy. I hope you enjoy your visit and will stop by again.

Monday, March 23, 2015

Centerport Detour

Here's an interesting post that I know the Centerport residents will appreciate, it provides a clue as to when the road between Port Byron and Centerport was paved:


SYRACUSE JOURNAL   MONDAY OCTOBER 22, 1917

AS STATE REPORTS ROAD CONDITIONS

Port Byron -Weedsport — Work In progress. Leave Port Byron for Weedsport on new concrete pavement to Centerport.  At Centerport four corners turn south one-eighth mile, crossing Erie Canal, taking first left hand turn to Weedsport. Detour posted.

Sunday, March 22, 2015

Stranded

Today we travel between places without giving it any thought but can you imagine a time when you could get stranded in Port Byron and it would be considered news?  That is exactly what happened to a theater company in 1908:

THE SYRACUSE HERALD  JULY 8, 1908

The Percey-Norman Stock company which has been playing at the Auditorium Annex, is stranded in Port Byron. After paying the fares of the fourteen members of the company to Port Byron the manager had 45 cents.   There were sixteen paid admissions to see the show and so the actors were unable to get back to Auburn.  The boy who sings the solos between the acts managed to get a ride to the city after he had done his turn, while the others, sitting as a committee of the whole, are trying to devise ways and means.

Here's some background from Billboard Publications, 1908




Wednesday, November 5, 2014

Fine of Lands

Recently I stumbled onto another way people transferred land using an old English law that was not commonly used in the United States.  The process was called "Fine of Lands".

What makes this different than a normal land sale is that was initiated as a law suit where a person (plaintiff) files a case stating they are the true owner of the land and request the court to order the land returned to them from the current owner (called a deforcient).

There was never any real dispute when using this method, both parties were already in agreement on the sale, but used a court process to declare the asset belonged to the plaintiff.

The normal process when selling land does require confirmation of the seller's spouse, they would be traditionally interviewed away from the husband where it would be documented that she agrees to the sale free of duress or demands of her husband.  The Fine of Lands bypasses this step.  It also moves the land out of an estate as if the original owner never owned it at all.

The person who gains the most from this process is the original land owner (the deforciant).  The outcome of the case relieves them from all liabilities.  Why is this significant?  One reason may be that in the 1820's, many soldiers of the American Revolution were just receiving their benefits from their service, in the form of pensions and bounty land.  Between 1775 and 1855, the Government was issuing bounty-land warrants to encourage enlistment for the War of 1812, the Mexican War etc as well as to compensate those who served the Revolution.  Those given a promise of land or script sometimes sold it for quick cash, especially if they had already established a homestead.  The scripts sometimes were sold more than once, thus many complications could arise.  

Such a conveyance would also be difficult for heirs to contest because a legal ruling would already be on file which takes precedence.  Heirs would be hard pressed to make claim when a court has already determined you never owned it to begin with.

There may be additional reasons and benefits why someone would use the "Fine of Lands" to move property.  The process was banded in England by the mid 1830's.  However, you will find isolated cases where this was used in Cayuga County prior to the law being abolished.

The parties filing the case would quickly return to the court to advise that they settled, often on the same day the case was filed.  Then the court would draw up the paperwork based on their agreement.  It was settled before the court could take any action on it.  The plaintiff would then use the court papers as his legal deed to the property.

The law gave exceptional rights to the original owner or deforciant by allowing them to transfer the asset while at the same time remove them from all liabilities.  It is unclear what documentation was required by the court when the case was closed (levied).

This process was not used for convenience, as the case would have been presented before the Supreme Court.  Fine of Lands is a fascinating and rare application for conveyance of land.