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BLM Office:
Eastern States
Office
Bureau of Land
Management
7450 Boston Blvd.
Springfield,
VA 22153
Tel: (703) 440-1600
FAX: (703) 440-1599
Colonial settlers
acquired title to Alabama lands from the French, the Spanish, the British,
and the Native Americans. Original copies of these grants from the first
three groups may be found, respectively, in the Archives Nationales in
Paris, the Archivo General de Indias in Seville, and the Public Record
Office in London. When land title was transferred from Great Britain to
the United States in 1783, following the American Revolution, preemptive
landowners were required to file proof of their land title with the U.S.
GLO. Abstracts of the files are found in the American States Papers: Documents,
Legislative and Executive of the Congress, Class VIII, Public Lands (Washington,
D.C.: Gales and Seaton, 1832–61). These volumes are indexed in C.I.S. U.S.
Serial Set Index, Part I, American States Papers and the 15th–34th Congresses,
1789–1857 (Washington, D.C.: Congressional Information Services, 1977).
Title to previously un-granted
lands was vested in the federal government, and titles were conveyed to
individuals either by sale or by bounty-land warrant. The Land Act of 1800,
as amended in 1803, simplified the claiming of land titles by authorizing
local public land offices to survey and auction lands within their charge.
Sales were sanctioned through thirteen land offices including St. Stephens
(established December 1806, transferred to Mobile 1867); Huntsville (established
at Nashville in March 1807, transferred to Huntsville 1811, transferred
to Montgomery May 1866); Cahaba (established at Milledgeville, Georgia,
August 1817, transferred to Cahaba October 1818, transferred to Greenville
1856); Tuscaloosa (established May 1820, transferred to Montgomery 1832);
Sparta-Conecuh Courthouse (established May 1820, transferred to Montgomery
1854); Montgomery (established July 1832, closed 1927); Mardisville-Montevallo
(established July 1832, transferred to Lebanon 1842); Demopolis (established
March 1833, transferred to Montgomery March 1866); Lebanon (established
April 1842, transferred to Centre 1858); Elba (established April 1854,
transferred to Montgomery April 1867); Greenville (established 1856, transferred
to Montgomery 1866); Centre (established 1858, transferred to Huntsville
1866); and Mobile (established 1867, transferred to Montgomery June 1879).
Henry Land Mapping.
Bounty Land
Prior to the Revolutionary
War, there was no central Federal government, not was there a treasury.
In order to lure men to enlist in the military, land was promised as a
form of remuneration for military service. Those men who enlisted and served
the duration of their enlistment period were awarded a Bounty Land Warrant
from the new government after the war. From 1781 until 1855, the federal
government issued bounty land warrants to veterans or their heirs as a
reward for service. The majority of these applications for Revolutionary
War service and the original paper applications for other years are in
the possession of the National Archives and Records Administration (NARA)
in various record groups. You can contact NARA for information about new
form NATF-85 (Order for Copies of Federal Pension or Bounty Land Warrant
Applications) and how to apply to locate and receive copies of these records
for your ancestors.
When the land offices
were closed, their original records were sent to the Washington, D.C.,
office. Photocopies of the original records may be requested by legal description
(subdivision, section, township, range, survey meridian, and state of the
land) from the National Archives Suitland Reference Branch (see page 9).
Photocopies of the presidential patents are available by legal description
from the U.S. BLM, Eastern States Office, 350 South Pickett Street, Alexandria,
Virginia 22304. Duplicate copies of some of these records are located in
the Alabama Department of Archives and History, the office of the Alabama
Secretary of State, and the University of Alabama library's special collections.
Plat maps and field notes for these original land grants are also available
at these repositories. The Southern Historical Press has published Marilyn
Davis Hahn Barefield's abstracts of several of the land offices' records
including those of Centre, Demopolis, Elba, Huntsville, Lebanon, Mardisville,
Sparta, St. Stephens, and Tuscaloosa; Southern University Press has published
her abstracts from the Cahaba Land Office. Other abstracts for north Alabama
counties are being privately published by Margaret M. Cowart of Huntsville;
her abstracts are for Colbert, Franklin, Jackson, Limestone, Madison, and
Morgan counties.
Tract books indicating
the original sale of property from the federal government, or the state
of Alabama in case of a sixteenth section, are housed in the county probate
judge's office. The books, arranged by legal description, include the name
of the purchaser, the amount of acres purchased, the price, date of purchase,
certificate number, and whether or not the land was obtained under a military
act. These records do not include lands cut away to form new counties or
subsequent sales of original tracts.
All subsequent title transactions
following the original title transfer from the federal government are recorded
in the probate judge's records of the county in which the property lies.
These records include conveyance records, which detail the transfer of
property either by sale or donation.
In some counties, mortgages
were recorded in the same volumes as outright conveyance of real property,
while in others liens and deeds of trust are recorded separately as “Mortgages.”
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Terms
used in the Township and Range System:
Section
Basic
unit of the system, a square tract of line one mile by one mile containing
640 acres.
Township
36
sections ar ranged in a 6 by 6 array, measuring 6 miles by 6 miles. Sections
are numbered beginning with the northeast-most section, proceeding west
to 6, then south along the west edge of the township and to the east.
Range
Assigned
to a township by measuring east or west of a Principal Meridian
Range
Lines
North
to south lines which mark township boundaries
Township
Lines
East
to west lines which mark township boundaries
Principal
Meridian
Reference
or beginning point for measuring east or west ranges. Map of meridians
& base lines from the BLM web server
Base
line
Reference
or beginning point for measuring north or south townships. Map of meridians
& base lines from the BLM web server
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Land Records
Glossary
Bounty
Grants
Grants
issued to Revolutionary Soldiers or to Citizens (persons who stayed neutral
during the Revolution). It cannot be determined from the grant itself,
if the person did military service. However, application papers will reflect
the status of the grantee (see also Loose Headright and Bounty Documents
File).
Certificate
A
document that would entitle a person to a bounty grant. If the person was
a Revolutionary Soldier, the paper would be signed by the commanding officer
of his battalion or regiment, if he was a Citizen, it would be signed by
the captain of the Militia District in which he resided. Upon receipt the
governor would then confirm the man's eligibility with a numbered certificate
that reflected his status.
Citizen
A
person who did not leave the state during the Revolution and could not
be convicted of "plundering or distressing the country"; he was entitled
to a bounty grant. This would have to be documented by a certificate.
Colonial
Grants
Although
issued under slightly different principles from those of the Headright
System, they are considered a sub-category of the latter ones. Colonial
Plats Ca. two thirds were lost during the Revolution.
County
Division
for local government. New land cessions were first laid out into original
counties" which were then subdivided into newly created counties
in a continuous process that lasted until 1924. Lottery grants are always
cited
by original county, while headright grants could also be issued in "modern"
counties.
County
Land Records
Records
reflecting real estate transactions after the land was granted. Includes
deeds, plats, conveyances, indentures.
Deed
A
land record on the county level; a legal instrument documenting transfer
of title to a parcel of land from one owner to the next.
Fifth
Lottery
It
was held in 1827 and distributed Lee, Muscogee, Troup, Coweta, and Carroll
Counties, bounded by the Chattahoochee. Before they received names these
counties were first called 1st, 2nd, 3rd, 4th, and 5th section.
First
Lottery
It
was held in 1805 and distributed the first 5 districts of Baldwin County,
the first 5 districts of Wilkinson County, and the whole of Wayne County.
Fortunate
Drawer
A
person who won a "prize" (land lot) in the lottery. Not always identical
with the grantee to that land lot (see Grantee under Lottery System and
Reverted Lot).
Fourth
Lottery
It
was held in 1821 and distributed Dooly, Fayette, Henry, Houston, and Monroe
Counties, bounded by the Flint River.
Fractions
Fractional
lots were created by district or cession boundaries. They were not
thrown into the lottery (with the exception of the Cherokee lotteries),
but sold at public auction. An alphanumerical index by county, district
and lot
number
exists, but not a name index of the buyers.
Grant
See
Land Grant.
Grant
Book
A
bound volume that contains recordings of the grants. See also Headright
Grant Book and Lottery Grant Book.
Grantee
1)
On the state level the first individual owner of a parcel of land, or the
recipient of a grant; 2) on the county level any subsequent owner of
a parcel of land who acquired it by purchase or as a gift or by inheritance.
Grantee
under the Lottery System
In
most cases the grantee is the person who drew the land lot. However,
there are occasions when the lot would be sold at public auctions, e.g.,
the Reverted Lots or the Fractions. In this case the grantee is identical
with the highest bidder.
Grantor
1)
On the state level land was granted only by the King of England in Colonial
times and by the State of Georgia after the Revolution. No land in Georgia
was ever granted by the Federal Government or by the Native Americans.
2) On the county level grantor and seller are synonymous.
Headright
Grant Books
Their
titles consist of letters of the alphabet, ranging from A to M, DDD
to ZZZZZ (Z-5), AB through AD. The grants are entered in roughly chronological
order, but no systematic arrangement can be recognized. Most volumes have
a randomly alphabetized index, i.e., names are only alphabetized
by their first letter. WARNING: Some volumes have duplicate pages
and there are two distinct volumes both with the title RRRRR or R-5,
each beginning with page 1.
Headright
Plat Books
Similar
to the Headright Grant Books, their titles are made up out of letters.
Again, order of entry is roughly chronologial without a systematic arrangement.
Headright
System
Land
distribution system prevailing roughly east of the Oconee River from 1755
to 1909. The size of the land to be granted depended on the number
of "heads" in a household. In many cases settlers selected the tract
of land first and then applied for a grant. The surveying system
used was the Metes and Bounds System.
Land
Court
A
panel of judges to whom an applicant would apply for a land grant under
the Headright System.
Land
Grant
A
deed from the government to the first individual owner of a parcel of land.
Grants are one of the two major record groups originating from Georgia's
distribution process of its public domain (the other group consists of
plats). In many states these records are called "land patents".
Land
Lot System
Surveying
system used in connection with the lotteries. Before the lottery could
be held any newly-ceded land had to be pre-surveyed, i.e., the land
was laid out first into original counties, these were subdivided into numbered
land districts and these again into numbered land lots. One exception was
the area of original Cherokee County; it was so large that it was first
laid out into 4 sections, then these were subdivided into districts and
land lots.
Land
Patent
See
Land Grant.
Land
Records
See
State Land Records and County Land Records.
Loose
Headright and Bounty Documents File Records that were created during the
land granting process, consisting of petitions, warrants, certificates,
etc.
Lottery
Applications
No
written applications had to be submitted by potential drawers, only
an oral oath was required to prove eligibility.
Lottery
Grant Books
The
grants are arranged in the books by original county and land district,
but no further order is recognizable. The books' titles consist out of
the same elements, e.g. Wilkinson, District 1. Often grants of more than
one district of the same county are bound together in which case the title
of the volume might read Muscogee, District 13-14 or Baldwin, District
15, 16, 17. For each district, pagination starts with page 1, however,
a comprehensive index at the beginning of each volume covers the grants
of all the districts this volume contains with names alphabetized
only by their first letter. In addition to these "regular" grant books
there are supplements and those for fractions and reverted lots.
Lottery
Plat Books
Similar
to those of the headright plat books their titles consist of letters. The
arrangement is by original county, land district and land lot. However,
the original counties are not arranged alphabetically, but chronologically
(e.g. Wilkinson County comes before Gwinnett County). To complicate
matters, districts from different counties might be bound together in one
volume or one district might be divided between two volumes. However,
the microfilm catalog cards are arranged in proper alphanumeric order
and need to be checked to secure a systematic approach.
Lottery
System
Land
distributed under this system was first laid out into a rectolinear
pattern of land lots identified by a numbering system. The land lots were
then given away in a raffle to fortunate applicants. While the Headright
System
lasted from 1755 to 1909, the lottery system was confined only to a period
of 27 years (from 1805 to 1832) during which 7 lotteries (see First Lottery,
Second Lottery, ...) were held.
Memorials
Book
A
Colonial record book that revealed the current owner of a tract of land.
Every time land changed hands, beginning with the grant, this transaction
had to be recorded.
Metes
and Bounds System
Surveying
system used under the Headright System. The boundary lines of a tract were
measured (metes) and described in terms of the adjacent land or geographical
features, i.e., a stream, a road, land owned by another person or unknown
land. The land was never pre-surveyed as a whole, but piece by piece, as
it was granted. In contrast to the metes and bounds system is the Land
Lot System.
Militia
District
A
division within a county. All men between 16 and 60 (age varied) residing
within its lines were automatically enrolled in a company for military
purposes under a captain.
Petition
A
written application for a grant under the Headright System and also for
a Bounty Grant.
Plat
1)
On the state level a survey or little map of the granted parcel, usually
drawn a few years prior to the issuance of the corresponding grant; 2)
on the county level a survey accompanying a deed.
Plat
Book
A
record that contains recordings of the plats, both at state and at county
level. See also Headright Plat Book and Lottery Plat Book.
Refugee
A
man whose house had been ransacked by the British and who fled from the
state and who would then join the Militia Regiments of South Carolina and
North Carolina. He was entitled to a bounty grant.
Reverted
Lot
A
land lot not claimed by its fortunate drawer; the deadline within which
grants could be taken up was extended several times by law, but finally
the lot would revert to the state and would then be sold to the highest
bidder, in whose name the grant would be issued. There is no index to the
names of these highest bidders.
Revolutionary
Soldier
Under
the Headright System a revolutionary soldier was entitled to a Bounty Grant,
provided he could prove his military status by a certificate. Under the
Lottery System he had more draws than ordinary citizens and the letters
"R.S."
or "Rev. Sol." would appear on the grant behind his name.
Second
Lottery
It
was held in 1807 and distributed District 6-20 of Baldwin County and Districts
6-28 of Wilkinson County bounded by the Ocmulgee River.
Sixth
Lottery
It
was held in 1832 and distributed the area of original Cherokee County.
It consisted of 2 portions: the Gold Lottery (gold districts included 40-acre
land lots) and the Land Lottery ("land" districts included 160-acre lots).
State
Land Records
Records
created during the distributing process of Georgia's public domain, such
as Grants (including Colonial grants), Plats, surveyor's District
Plats, Loose Headright and Bounty Papers, Memorials, maps, etc.
Surveyor
General Department
Second
oldest state agency; only Governor's Office is older. Agency was in charge
of surveying the public domain, before it could be distributed, and of
keeping proper records on the state level. The office was consolidated
with that of the Secretary of State in 1861 and is today a part of the
Georgia Archives. Its surveying function expired in 1909, when the
existing law of granting land was repealed. However, its record keeping
or archival function is still very much alive.
Third
Lottery
It
was held in 1820 and distributed Gwinnett, Habersham, Hall, Rabun,
and Walton Counties in the northeast and Appling, Early, and Irwin Counties
in the south.
Warrant
A
headright land record; an order from the land court to the county surveyor
to lay out a tract of land for an applicant.
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