Chapter VI

Surveys, Patents And Land Titles

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In the early days of Fayette County land was abundant and cheap, and the Commonwealth of Virginia was originally generous in land grants to settlers, and unwisely generous as to companies.  Any adventurer could secure title to a large or small boundary as he saw proper.  The first settlers usually took up and located the fertile bottoms and level lands along the streams which they considered worth paying taxes on.  The poor land was always refused until the fertile land had all been taken up.  By observing the dates of the various patents as they were issued from the Commonwealth it will be noticed that practically all the bottom lands and level lands in this region were taken up first as they bear the most ancient dates, for these patents bear an earlier date than high, hilly, rough and and barren lands.

Much of the public land in Fayette was undoubtedly taken up by men entitled to it by service in the French and Indian or Revolutionary war.  The landseeker, armed with a warrant from the state treasury, perhaps the result of military service, applied to the county surveyor and had a tract of land set off.  This survey was the basis on which a patent was issued after a lapse of one or two, or perhaps a dozen years.  The survey might be assigned to another man, and several assignments might precede the patent.   There was much trading in land warrants, and some money was made in these transactions.  After the Revolutionary War what were known as Land Warrants were issued for a given number of acres, and the party holding this warrant could go and locate it wherever he pleased.  A number of persons grew wealthy trading in land warrant by securing large tracts of several thousand acres and then selling these rights at speculative prices.

In the early days of settlement there was little formality, the pioneer located as a "squatter" upon such land as suited him and looked after the title later.  The early settlers simply took up what has variously been called the "brush right," the "tomahawk right," and the "corn right," which was in law no legal title what-

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ever, but by proper attention, these rights could be converted into legal titles, as herein shown, and the settler given a grant.  Frequently the pioneer took up his claim near a spring, and then proceeded to deaden some trees, after which he would inclose a clearing with a brush fence and plant a patch of corn.  Sometimes he would take his tomahawk and cut his initials on the bark of a tree.  The man who raised the first hill of corn on a given tract was understood to be the owner of the ground provided he did not claim too much - the maximum being 400 acres by the "corn title" - and he might be entitled to 1,000 acres adjoining, provided he proved is corn title claim by building a residence and proceeding to farm it.  The residence was usually a log cabin.  A representative of the government visited the different settlements once in awhile, secured proof of the corn title and issued his certificate to the squatter.  This certificate was then sent to Richmond, and if there was no other claim in six months, the governor would issue a "grant" or "patent" from the Commonwealth of Virginia.  It would thus be observed that the pioneer easily secured his "squatter's rights," which then merged into a settler's claim, and later a grant from the Commonwealth by its governor under the great seal of the State.  The grants were usually written on parchment made from the dressed skin of some small animal.

The surveys in the early days were very irregular and frequently made in a crude and inaccurate manner, and the old patents nearly all contained more acres than the grants called for.  The first comer ran his lined in any fashion that would secure him a maximum of good land and a minimum of cull land.  The strips of cull land would often have complex and inconvenient outlines.  A bluepoint map of the county in the Virginias is suggestive of a crazy quilt.  The lines run by different persons would often interfere with each other.  This utter lack of system has therefore been a fruitful source of confusion and consequently of land suits.  Many patents were secured without an actual survey.  The land-grabber or speculator would get an engineer to lay down on a piece of paper without any actual survey, a tract of land sometimes containing thousands of acres, without ever going on the grounds.  In this way sometimes these land titles would cover the same property,

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but usually the man who secured the actual possession and retained it - had nine points of the law in his favor.

   The most of the land east of the Alleghanies was granted by the King of England and were known as "Crown grants."  There are very few crown grants west of the Alleghanies, and none of which we have any evidence within the territorial limits of Fayette county.  Neither was any part of the lands of Fayette county at any time vested in the United States Government.  Most of the land grants in Fayette county were issued by the Commonwealth of Virginia.  A few patents were issued by the State of West Virginia after its formation in 1863.

In this chapter we give the known surveys and grants which fall within the limits of Fayette county.  We present a list of patent between 1786 and 1873.  In the tabulated list of land grants is given in regular order the date of the grant, the person or persons to whom the grant is made, the number of acres, and an abbreviated description of the locality.

EARLIEST RECORDED LAND SURVEYS AND GRANTS IN FAYETTE COUNTY

In 1785 a survey was made for Henry Banks located on the waters of New river containing 40, 680 acres, and a grant for the same was made to him August3, 1786 signed by Edmund Randolph, governor of Virginia.  This was the first survey made within the limits of Fayette county.  It was also the first land grant and the largest ever made in the county.

   In the same year a survey of 514 acres located on Manns creek was made for James Carrill and William Morris.  A grant for the same was issued November 15, 1791, signed by Beverly Randolph, governor of the Commonwealth of Virginia.

   In 1786 a survey of 75 acres located on Surbaugh branch was made for J. Stephens and was assigned by him to Mark Stockwell who received a grant for the same from Robert Brooks, governor of Virginia, dated August 2, 1796.  The same year a survey of 300 acres located on the heads of Glade and Laurel creeks was made for Henry Stockwell and this was also assigned to Mark Stockwell who received a grant for this tract dated February 2, 1803, and signed by Governor John Page of Virginia.

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In 1797 ten surveys were made for Henry Banks comprising a total of 34, 599 acres located on Meadow river.  Three of these surveys were granted to Henry Banks, one for 360 acres issued by Governor Henry Lee on May 7, 1794, and two others consisting of 955 acres issued by Governor Robert Brooks in July 1796.  The other surveys were assigned as follows: 3 grants to Foltz & Lorentz consisting of 16,974 acres issued by Governor Beverly Randolph in August 1789; a grant to John Banks of 4,535 acres issued y Governor Henry Lee, dated May 7, 1792; a grant to T. Gordon issued June 1st 1790 by Governor Beverly Randolph; a grant issued by Governor James Monroe, March 9, 1802 for 4,340 acres to W. B. Banks & W. A. Henning; and a grant to James M'Million issued November 4, 1832 by Governor John Floyd for 2,772 acres.

In 1789 a survey of 15,000 acres located on the waters of Manns creek was made for Henry Banks and assigned by him to William Duval who received a grant for the same issued April 15 1795 by Governor Robert Brooks.

In 1790 a survey of 1,860 acres located on Glade creek was made for William Frogg and assigned by him to Thomas Tinsley who received a grant for the same dated September 20, 1796 issued by Governor Robert Brooks.

In 1791 a survey of 147 acres located on the head of Lick creek was made for Jeremiah Claypool for which he received a grant dated July 8, 1793 issued by Henry Lee, governor of Virginia.

In 1792 two surveys were made for John Finnie containing 350 acres located on the branch of Meadow creek for which he received grants dated November 1796 issued by Governor Robert Brooks.  Four surveys were made for James McCordel containing 2,000 acres located on the waters of Laurel and Glade creeks for which he received grants dated December 1794 and issued by Robert Brooks.  A survey of 810 acres was made for Robert Crawford on the headwaters of Sewell and Lick for which a grant was issued by Governor Brooks July 29, 1796.  Four surveys were made for Andrew Hamilton containing 3,944 acres located on Meadow creek and assigned by him as follows: 1,000 acres to a man by the name of Oliver and 1,000 acres to A. Mustoe & W. Chambers for which grants were issued August 17, 1794 by Governor Henry Lee; 1,500 acres to William Truehart for which a grant was issued June 1st,

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1796 by Robert Brooks; and 444 acres to John Guinn for which a grant was issued March 1st, 1852 by Governor Joseph Johnson.  A survey of 400 acres was made for W. A. Fry and A. Smith located on Meadow creek for which a grant was issued July 5, 1794 by Governor Henry Lee.

In 1793 three surveys were made for William Frogg comprising of 3.560 acres located on the waters of Meadow river and Glade creek and was assigned by him to J. C. Littlepage who received grants for the same issued July 12, 1796 by Governor Robert Brooks.  Two surveys consisting of 3,040 acres located on Laurel and Brackens creeks for Robert Young for which he received grants issued February 18, 1796 by Governor Brooks.  A survey of 433 acres was made for James Brown located on Manns creek for which he received a grant issued August 4, 1795 by Robert Brooks.  A survey of 350 acres was made for S. Lockridge located on the head-waters of Meadow creek for which he received a grant issued August 19, 1794 from Henry Lee, governor of Virginia.

In 1794 nine surveys were made for Henry Banks covering 30,718-1/2 acres for which he received grants as follows: 270 acres located on the waters of Glade and Slater for which he received a grant in 1796; three surveys located on Big Sewell, Buffalo and Brackens creeks containing 1,363 acres for which he received grants issued in September 1797 by Governor James Wood; a survey of 28, 280-1/2 acres located on the waters of New and Greenbrier rivers for which he received a grant issued by Governor Wood on May 12, 1798; four surveys containing 805 acres located on the waters of Manns creek for which he received grants issued July 15, 1823 from James Pleasants, Jr., governor of Virginia.  As survey of 2,280 acres located on Meadow creek was made for Sam Hollingsworth for which he received a grant issued March 15, 1798 by Governor James Wood.  A survey of 1,000 acres located on Glade creek was made for George Alderson for which he received a grant issued November 7, 1797 from Governor Wood.  A survey of 1,000 acres located on Big Sewell, Meadow and Glade creeks was made for William Morris for which he received a grant issued

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November 3, 1797.  A survey of 700 acre located on Big Sewell was made for William Morris and C. Arbuckle for which a grant was issued September 28, 1797.  A survey of 2,725 acres located on Big Sewell was made for James Welch and was assigned by him to Joseph Massy and a grant issued November 17, 1797 by Governor James Wood.  A survey of 600 acres located on Brackens and Laurel creeks was made for Benjamin Lewis for which a grant was issued June 28 1797.  A survey of 600 acres located on Brackens creek was made for Thomas Creigh for which a grant was issued July 12, 1797.  A survey of 490 acres located on Buffalo creek of Meadow river for William Gilliland was made and a grant issued February 19, 1799 by Governor Wood.  A survey of 1,000 acres located on Glade creek was made for Andrew Donally and a grant issued March 8, 1802 by Governor James Monroe.  A survey of 1,000 acres located on Boggs creek was made for James Welch and Alex Porter and a grant issued July 15, 1823 By Governor James Pleasants, Jr.

In 1796 a survey of 1,000 acres located on the waters of Sewell was made for William Benson and was assigned by him to R. T. Roots for which a grant was issued by Governor James Wood on October 28, 1799.  A survey of 299 acres located on the waters of Manns and Glade creek was made for Henry Banks and assigned by him to Alexander Welch for which a grant was issued October 11, 1800 by Governor James Monroe.  A survey of 2,000 acres located on Boggs creek was made for Henry Banks for which a grant was issued September 9, 1797 by Governor James Wood.  Five surveys covering 1,870 acres located on Big Sewell and the headwaters of Meadow creek were made for Henry Banks.  A survey of 100 acres located near Big Sewell creek was made for C. Arbuckle for which a grant was issued in 1798 by Governor Wood.  Two surveys covering 5,287 acres located on Laurel, Brackens and Manns creeks were made for John Bryneside and grants issued June 8 1798 by Governor James Wood.

In 1797 a survey of 1,452 acres located on the head of Lick creek was made for the heirs of S. Baldwin.

In 1798 a survey of 1,140 acres located on the mouth of Sewell creek was made for Dan Truehart for which a grant was issued March 17, 1802 by Governor James Monroe of Virginia.

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In 1799 a survey of 700 acres located on Meadow creek was made for W. Feamster.  A survey of 900 acres located on the headwaters of Meadow Creek was made for Jacob Skiles and a grant issued December 22, 1801 by Governor James Monroe.  As survey of 1,334 acres located on the head of Lick creek and Meadow creek was made for Thomas Kincaid and a grant issued October 7, 1800 by Governor Monroe.  A survey of 200 acres located on the headwaters of Meadow creek was made for S. Kincaid and a grant issued October 8, 1800 by Governor James Monroe of Virginia.

GRANTS ISSUED AFTER 1800 AND PRIOR TO THE FORMATION OF FAYETTE

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GRANTS ISSUED SINCE FORMATION OF FAYETTE AND PRIOR TO THE FORMATION OF WEST VIRGINIA

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