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Clermont County, Ohio
Genealogy and History


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HISTORY OF
CLERMONT COUNTY, OHIO

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BY J. L. ROCKEY AND R. J. BANCROFT, published 1880



CHAPTER VI.
LAND-GRANTS, TITLES, AND SURVEYS.

In the third year of the Revolutionary war the State of Virginia, which claimed the ownership of all the domain west of the Allegheny Mountains, opened an office for the sale of her Western lands. This act attracted the attention of the other States, several of which regarded the vacant region in the West as a common fund for the future payment of the expenses of the war for independence, in which the confederacy was then involved. This claim, in behalf of the United States, was asserted on the ground that the Western lands had been the property of the Crown, and naturally fell, on the declaration of independence, to the opponent of the former sovereign. It was contended that it was manifestly unjust that a vast tract of unoccupied country, acquired by the common efforts and at the common expense of the whole Union, should be appropriated for the exclusive benefit of particular States, while the rest should be left to bear the unmitigated burden of a debt contracted in asserting that independence by which this immense acquisition was wrested from Great Britain. On the other hand Virginia, Massachusetts, and Connecticut asserted separate, and in some degree conflicting, claims, founded upon the construction of their respective colonial charters, and New York also advanced some vague pretensions, grounded upon her jurisdiction over the Six Nations, of whom the Northwestern tribes wore the imagined tributaries. Of these various claims, that of the United States seems to have been the most rational and just, and, in opposition to the several pretensions, Congress, as a common bead of the people, maintained its title to the Western lands upon the solid ground that a vacant territory, wrested from the common enemy by the united arms and at the joint expense of all the States, ought of right to belong to Congress, in trust for the common use and benefit of the whole Union. This controversy respecting the North- west territory for a long time darkened the prospects of the American Union and retarded the ratification of the Articles of Confederation; it greatly augmented the difficulty and embarrassment experienced by Congress in carrying on the war, and it cheered the enemies of America by revealing a source of contentious discord among the members of the Union.

In these trying circumstances, Congress strongly appealed to the several States which had asserted claims to the Western domain to avert the danger that threatened the common cause by liberal cessions for the common benefit. New York was the first to listen to these appeals, by authorizing her delegates in Congress, early in the year 1780, to restrict her western border by such limits as they should deem expedient, which magnanimous example was followed by Virginia making a deed of cession of the territory northwest of the Ohio on March 1, 1784 ; by Massachusetts, in April, 1785, Ceding all her claims to the United States to territory west of the western boundary of New York ; and by Connecticut, on Sept. 14, 1786, deeding all her land lying one hundred and twenty miles west of the western boundary of Pennsylvania and bordering on Lake Erie.

By the acceptance of these cessions Congress became the trustee of the Confederacy, and, according to a resolve of 1780, the terms of these trusts were: first, that the ceded territory should be formed into States, to be admitted, when formed, into the Union upon an equal footing in all respects with the original States ; second, that the land should be disposed of for the common benefit of all the States ; and third, that the manner and conditions of sale should be exclusively regulated by Congress.

In the adjustment of this great controversy Massachusetts and New York made no reservations in their respective cessions, but Virginia and Connecticut were not so unmindful of their individual interests, the latter reserving what is now the well-known Ohio Reserve, an area of about three million eight hundred thousand acres, and the former a large and undefined tract of some four million acres, between the Little Miami and Scioto Rivers, embracing all of Clermont and all or parts of twenty-three other counties.
The State of Virginia had raised, at an early period of the Revolutionary war, two descriptions of troops, State and Continental, to each of which bounties in lands were promised.
The lands within the limits of the indefinite and vague colonial charter of Virginia from ;lames I., King of England, situate to the northwest of the Ohio River, were withdrawn from appropriation on treasury land-warrants, and the lands on Cumberland River, and between Green and Tennessee Rivers, on the southeasterly side of the Ohio, were appropriated for these, military bounties to the officers and soldiers on the Continental establishment, in contradistinction to the State soldiery, otherwise paid. But in her cession Virginia stipulated that in case the quantity of good land on the southeast of the Ohio, upon the waters of Cumberland River, and between Green and Tennessee Rivers, should, from the North Carolina line bearing in farther upon the Cumberland lands than was expected, prove insufficient for their legal bounties, the deficiency should be made up to said troops in good lands, to be laid off between the rivers Scioto and Little Miami, on the northwest side of the Ohio River, in such proportions as have been engaged to them by the laws of Virginia for their respective services, proportional to their rank and time of actual service.

The right of the United States as against the civilized world was now clear and incontestable, the several States having respectively relinquished their pretensions, and Great Britain and Spain, who had each disputed the western boundary of the Union, having conceded, by formal treaty, the American claim to all the territory east of the Mississippi and north of Florida and Louisiana. Congress, therefore, proceeded to perfect its title to the soil and jurisdiction by negotiations with the Indian tribes, the original and only rightful sovereigns and proprietors, and by a treaty concluded at Fort McIntosh, Jan. 21, 1785, with the Wyandots, Delawares, Chippewas, and Ottawas, it acquired the title of all these tribes to about three-fourths of the present State of Ohio,
By the ordinance of May, 1785, Congress had executed in part the great national trust confided to it by providing for the future surveys of the public domain in the West the disposal of the vacant lands for the common good, and by prescribing the manner and terms of sale. On July 13, 1787, Congress adopted an ordinance that has passed into history as the formal dedication of the great Northwest to liberty and settlement,-in which provision was made for successive forms of territorial government, adapted to successive steps of advancement in the settling of the Western country. It comprehended an intelligible system of law on the descent and conveyance of real property and the transfer of personal goods, and contained five articles of compact between the original States and the people and States of the Territory, establishing certain great fundamental principles of governmental duty and private right as the basis of all future constitutions and legislation, unalterable and indestructible except by that final and common ruin, which, as it has overtaken all former systems of human polity, may yet overwhelm our American Union.

Never, probably, in the history of the world did a measure of legislation so accurately fulfill, and yet so mightily exceed, the anticipations of the legislators, and this ordinance has been well described as having been a "pillar of cloud by day and of fire by night" in the settlement and government of the Northwestern States. When the settlers went into the wilderness, they found the law already there, and impressed upon the soil itself while it yet bore up nothing but the forest; and the purchaser of land became, by that act, a party to the compact, and by its perpetual covenants so far as its conditions did not conflict with the terms of the cessions of the States.

According to the various ordinances of Congress and the stipulations of Virginia's deed of cession, no land in Clermont County could be purchased, entered, or surveyed save and except by the Continental troops of Virginia holding the requisite land-warrants for their services as officers or privates, or by other persons to whom these necessary warrants had been duly assigned in pursuance of law and in writing.
The lands in Clermont were taken up under a system peculiar to this Virginia military district,-what were called entries for survey, They were not surveyed into townships or sections or any regular form, but a principal surveyor was appointed, who selected deputies, and any individual holding a land-warrant on the Virginia line in the Continental establishment might locate it wherever he chose within the district, and in such shape as be pleased, wherever the land had not previously been located. When the lands were surveyed under the orders of the principal or deputy surveyors, the proper entries returned to the land-office, and the necessary papers deposited in the departments, and, if everything was found regular, patents signed by the President were issued.

In consequence of this deficiency of regular original surveys and the irregularities with which the several locations were made, and the consequent interference and encroachment of some locations upon others, more than double the litigation has probably arisen between the holders of adverse titles in this county than in other counties of equal extent situate on congressional or other lands outside of the famous Virginia Military Reservation. The military district, between the Little Miami and Scioto Rivers, embraces the counties in whole or part. of Clermont, Brown, Adams, Clinton, Highland, Fayette, Madison, Union, Scioto, Pike, Ross, Pickaway, Franklin, Marion, Delaware, Hardin, Logan, Clark, Green, Champaign, Warren, Hamilton, and Auglaize.

The time for making entries end returning surveys thereon was repeatedly fixed by act of Congress and extended from time to time, and the first surveys in Ohio under the provisions of the reservation and other acts followed immediately after the passage of the ordinance of 1787, and were made in Clermont County on November 13th and 14th of that year,-the fall previous to the settlement at Marietta, and a year before the first settlers at Cincinnati began their operations. The first land, therefore, surveyed by a government officer in Ohio, was in this county, as is subsequently herein detailed.

The unsurveyed and unappropriated lands in the Virginia Reservation were, by an act of Congress of Feb. 18, 1871, ceded to the State of Ohio, coupled with a condition that each settler on the lands should be entitled to pre-empt any quantity of land not exceeding one hundred and sixty acres, under such regulations as the General Assembly of Ohio should provide. The State, by act of March 26, 1872, accepted said grant, and conveyed the lands to the Ohio Agricultural and Mechanical College. That as well as the subsequent act of April 3, 1873, required the trustees of that institution to survey, set off, and convey by deed to each settler forty acres at the cost only of survey and deed, and also authorized each settler to demand, and required said trustees to survey and convey to every such person, one hundred and twenty acres additional for one dollar per acre, or such portion thereof as such settler might have had in actual possession. These lands-of which there are four thousand two hundred and sixty-four acres in Clermont-may be classified as follows : First, unsurveyed lands ; second, lands resting on entry alone ; third, fraudulent and voidable surveys; and fourth, lands donated to settlers. The lands designated as "unsurveyed" include, as well as the tracts resting on more naked entries, those unclaimed. An entry is simply a notice in writing by the holder of a warrant to the principal surveyor of an intention to survey and appropriate a particular tract, and in order to make an entry available it must be followed by a survey, which must be approved by the principal surveyor, and by him certified to the commissioner of the General Land-Office.

There are many lands surveyed which have not been carried into patent, the surveys of which are of two sorts -- valid and fraudulent. The Agricultural College declares its policy not to interfere with surveys long since made which have not been carried into patent by reason of mere technical defects, which are causes of most of the nonpatented four thousand two hundred and sixty-four acres in this county, but avows its purpose to get possession of the fraudulent surveys, which stand upon a different footing, but of which there are but a very few in Clermont.

In hundreds of instances lands are held in this county, and have been for years, simply upon location and survey, and in all of them there is what is called "excess," but this excess beyond the boundaries of the original survey in measurement cannot now, by the settled policy of the government, be patented anew, or the occupants thereon be disturbed in their possession by any person claiming under governmental title adverse to them. It is not the policy of the general government that the homes where the hardy pioneer built his cabin, cleared his fields, and sowed and reaped for years, and where his children have grown to manhood and womanhood,-where his children and grandchildren in his old age return to the old farm, "the dearest spot on earth," to cheer his declining years and receive his fatherly blessing,-should be lost or decimated by technicalities of patent or errors in boundary-lines of surveys made when the country was wilderness, Humane statutes and equitable decisions will allow no cloud to intervene whose darkness is more chilling to the old pioneer than even the approach of that invisible reaper whose sickle he knows to be near. Errors in olden metes and bounds will not be permitted to shackle the old settler's home or to bind his fields; and the very landmarks that have grown mossy with age arid peace shall not be thrust aside by the despoiler who would "cause the naked to lodge without clothing," and who would violate the divine injunction, " Thou shalt not remove thy neighbor's landmark, which they of old time have set in thine inheritance, which thou shalt inherit in the land that the Lord thy God giveth thee to possess it." We give below a synoptical index to the laws relating to the Virginia military bounty-lands in this county:

UNITED STATES LAWS.
B. and D.'s Edition.
1784, March 1.-Lands set apart for satisfying, granted by Virginia - Vol. I., 474
1788, July 17.-Act of old Congress declaring locations and surveys of Virginia military grants between Scioto and Little Miami Rivers invalid until lands on waters of Cumberland River, in Kentucky, prove inadequate Vol. I., 572
L. and B.'s Edition.
1790, August 10.-Act above, of 1788, repealed; said lands assigned to satisfy claims of Virginia line of Revolutionary war - Vol. 1., 182
1791, June 9--Patents to issue for Virginia bounty-lands on return of warrant and survey - Vol. I., 394
1800, May 13.-Further regulations for Issuing patents. - Vol. II., 80
1800, May 13.-Warrants for lands may be withdrawn in eases of conflicting claims - Vol. II., 80
1803, March 1.-Issuing patents where land-warrants, etc., hove been lost - Vol. II., 237
1804, March 23.-Boundary of Military Reservation ascertained, - Vol. II, 274
1812, June 26.-Western boundary ascertained - Vol. II, 764
1816, April 11.-That boundary designated - Vol. III., 423
1804, March 23.-Such part of reservation as remains unlocated in three years released from claim under Virginia warrants - Vol II 275
1804, March 23.-Warrants to be located by March 23, 1807, and surveys returned two years thereafter - Vol. II., 275
1807, March 23.-Time extended four years - Vol. II., 424
1810, March 16.-Five years allowed for obtaining and locating warrants, and seven for returning surveys - Vol. II., 589
1814, Nov. 3.-Three years additional allowed for locating warrants, and five for making returns - Vol. III., 143
1818, April 11.-Two years from ratification of any treaties extinguishing Indian titles to locate warrants, etc., - Vol. III., 423
1821, Feb. 9.-Time of location extended to Jan. 4, 1823, and return of surveys to Jan. 4, 1826 - Vol. III., 612
1823, March 3.-Two years allowed for location of warrants, and four for returning surveys -Vol. 1II., 772
1823, March 3-Warrants not to be removed after location, nor to be located on lands sold by United States - Vol. III., 773
1826, May 20.-Time of issuing warrants extended to June 12, 1829,.location to June, 1832, and return of surveys to June, 1833 - Vol. IV., 189
1824, May 26.-Terms to be ascertained on which holders under purchase from United States of lands between Roberts' and Ludlow's lines will relinquish title, it being found these lands are in the Virginia Reservation - Vol. IV., 70
1826, May 20.-Restrictions imposed on issue of location of warrants - Vol. IV., 189
1826, May 20.--Withdrawal of locations of warrants prohibited, except in cases of eviction or interference with other claims - Vol. IV., 190
1807, March 3.-Lands may be surveyed and patented under Virginia resolution warrants - Vol. II, 437
1815, Feb. 22.-Two years further allowed to complete surveys under resolution warrants - Vol. III., 212
1818, April 11.-Act of 1807, above, revised and continued in force - Vol. III., 423
1821, Feb. O.-Further provision for issuing patents for locations under Virginia resolution warrants - Vol. III., 612
1823, March 3.-Act of 1807 again revived - Vol. III., 772
1829, Feb. 24.-A surveyor for Virginia Military District to be appointed - Vol. IV., 335
1830, April 23.-Time for issuing Virginia warrants extended to January, 1832 - Vol. IV., 395
1830, April 23.-None issued thereafter to be located - Vol. IV., 395
1830, May 30.-Scrip to be issued for Virginia bounty-land, - Vol. IV., 422
1832, March 3I.-Act of May 30, 1830, not to extend to cases where patents have issued - Vol. IV., 500
1832, March 31.-Third section of act May 30, 1826, extended for seven years - Vol. IV., 500
1832, July 13.-Additional land or scrip granted for Virginia land-warrants - Vol IV., 578
1833, March 2.-Additional grant of land to satisfy Virginia land-warrants - Vol. IV., 665
1835, March 3.-Further grant of land - Vol. IV., 770
1838, July 7.--Time for locating Virginia land-warrants extended - Vol. V., 262
1841, Aug. 19.-Time further extended - Vol. V.; 449
1846, July 29.-Time further extended to January, 1848, Vol. IX., 41
1848, July 5.-Same continued in force till Jan. 1, 1850, Vol. IX., 244
1850, Feb. 20 --Further time extended to Jan. 1, 1852..Vol. IX., 421
1852, Aug. 31.-Making further provisions for satisfaction of Virginia land-warrants - Vol. X., 143
1854, Dec. 19.-Time extended for retiring surveys - Vol. X., 595
1855, March 3.-Time extended for retiring surveys - Vol. X., 701
1860, Juno 22.-To declare meaning of act of August., 1852, - Vol. XII., 84
1871, Feb. 18.-Cedes lauds to State of Ohio ________ 416
1878, -.-An act to allow three years from its date to make return of surveys, entered before Jan. 1, 1852
1872, March 20.-State of Ohio ceded unsurveyed and unsold lands to the Ohio Agricultural and Mechanical College, O. L. Vol. 69 52


The principal surveyor of the Virginia Military District was Gen. Richard C. Anderson, of Kentucky, grandfather of Maj. Robert Anderson, the heroic defender of Fort Sumter, and of Governor Charles Anderson, of Ohio. He opened an office for the reception of locations and surveys at Louisville, Ky., Aug. 1, 1781, and on Aug. 1, 1787, established in his office a separate bureau for the lands on the north side of' the Ohio River. Under Gen. Anderson and his successors all of the lands in this county were surveyed by his deputy surveyors,-John O'Bannon (the first who made a survey in the district), Gen. James Taylor, Gen. William Lytle, Gen. Duncan McArthur, and Gen. Nathaniel Massie (both afterwards Governors of the State), Robert Todd, Joseph Kerr, Cadwalder Wallace, Timothy Kiroy, A. D. Kendrick, E. P. Kendrick, John Hill, James Denny, Peter McArthur, Allen Latham, James Galloway, Jr., John Ellison, Jr., David Collins, Walter Dunn, Col. James Taylor, Jr, George C. Light, David Collier, Col. James Poage, and John Bogges. Most of the surveys were made before the year 1800, under Anderson's administration and by his deputies, O'Bannon, Lytle, Taylor, Sr., Massie, Todd, and Wallace, who were exposed to incessant dangers, suffered great privations, and were frequently attacked by the Indians. The first locations of land warrants in the county, in the fall of 1787 and succeeding winter, were made by O'Bannon by stealth, as every creek which was explored, every line that was run, was at the risk of life from the savage Indians, whose courage and perseverance were only equaled by that of the whites to push forward their settlements.

John O'Bannon, the pioneer deputy surveyor, had placed in his hands a large number of land-warrants for surveys, and as the risk of making entries was great, and as it was desirable to possess the best lands, the owners of warrants in most eases made liberal contracts with hint. One-fourth, one-third, and sometimes as much as one-half acquired by the entry of good lands were given by the proprietors to the surveyors. If the owners preferred paying money, the usual terms were ten pounds, Virginia currency, for each thousand acres entered and surveyed, exclusive of chainmen's expenses. These terms cannot appear extravagant when we consider that at that time the danger encountered was great, the exposure during the winter severe, and that the price of first-rate land in the West was low, and an immense quantity in market.

During the month of November, 1787, O'Bannon prepared a party to enter largely into the surveying business in Clermont, and came down the Ohio River from Pittsburgh and landed at what is now the village of Neville, where they hauled their boat out of the water and began operations for the season. After surveying several weeks winter set in, and the ground was covered with a sheet of snow from six to ten inches deep ; and their bread ran out, save a little flour, a pint of which was distributed once a day to each mess to mix with the soup in which the meat had been boiled. When night came, four fires were made for cooking,-that is, one for each mess,-and around these, till sleeping-time came, the company spent the hours in most social glee, singing songs and telling stories, in which O'Bannon, with his droll Irish wit, greatly excelled. When danger was not apparent or immediate, they were as merry a set of men as ever assembled, and, resting-time arriving, O'Bannon always gave the signal, and the whole party would then leave their comfortable fires, carrying with them their blankets, their firearms, and their little baggage, walking in perfect silence two or three hundred yards from the fire. They would then scrape away the snow and huddle down together for the night. Each mess formed one bed, and they would spread down on the ground one-half of the blankets, reserving the other half for covering. Thus prepared, the whole party crouched down together with their rifles in their arms and their pouches under their heads for pillows, lying spoon-fashion, with three heads one way and four the other, their feet extending to about the middle of their bodies. When one turned the whole mess turned, or else the close range would be broken and the cold let in; and in this way they lay till broad daylight, no noise and scarcely a whisper being uttered during the night. When it was perfectly light, O'Bannon would call up two of the men, in whom he had most confidence, and send them to reconnoitre and make a circuit around the fires, lest an ambuscade might be formed by the Indians to destroy the party as they returned to the fires. Self-preservation required this circumspection, and it was an invariable custom in every variety of weather.

One time during the winter, when they were out in the wilderness, in what is now Tate township, they were exposed to a severe storm without hut, tent, or covering, and, what was still more appalling, without provision and without any road or track to retreat on; but on the third day of the great snow-storm they luckily killed two wild turkeys, which were boiled and divided into twenty-eight parts, and devoured with great avidity, heads, feet, entrails, and all.
The first survey in the great Northwest was made in this county, on what now includes the town of Neville, and was made by O'Bannon on Nov. 13, 1787, for Col. John Neville, a gallant officer of the Revolutionary struggle in the Virginia line, for fourteen hundred acres, and was numbered 388, and predicated on military warrant No. 937. John Williams, Sylvester Montroney, and James Blair were the chain-carriers ; and so well was the tract surveyed, and such was its perfect accuracy, that never to this day, like some other surveys in the county, has its lines or boundaries been questioned. The next day, November 14th, the survey of Richard C. Anderson, of one thousand acres (No. 391), was entered and made, and includes the present town of Moscow ; and also was made that of John McDougal (No. 1683), of six hundred and sixty-six and two-thirds acres. On Christmas following, O'Bannon entered the surveys of Nicholas Carter (No. 1285), of four hundred acres, and of Morgan Bryan (No. 1724), of two hundred acres, on both of which is built the enterprising town of Felicity ; also that of William Smith, (No. 866), of four hundred acres, on Bear Creek ; Jarvin Miller's, in Franklin township (No. 1080), of one thousand acres ; Benjamin Mosely's, in Franklin and Washington townships (No. 1102), of one thousand acres; and John Hamilton's, in Washington (No. 866), of four hundred acres,---thus surveying three thousand four hundred acres in seven different tracts, miles apart, all in one day. On the 26th he surveyed that of Alexander Parker (No. 834), of seven hundred acres; the 27th, that of Robert Craddock (No. 892), of nine hundred and sixty-four acres, and John Hackley (No. 905), of six hundred and sixty-six and two-thirds acres; the 28th, that of William Talliaferro (No. 533), of five hundred and thirty-three acres, adjoining Chilo ; and on Jan. 3, 1788, Robert Beal's (No. 847), of one thousand acres, on which is the site of New Richmond.

Gen. George Washington, the Father of his Country and first President of the United States, owned at one time four large tracts of land in the county, aggregating four thousand and fifty-one acres, for which he had four separate surveys made and entered in his own name. The first of these was made by John O'Bannon on Dec. 28, 1787, and is located in Franklin township, on the Felicity and Rural free turnpike, and is numbered 1650 and for eight hundred and thirty-nine acres ; the second is No. 403, of one thousand acres, lying in Pierce township, on the Ohio River, including the village of Palestine and running down to the Hamilton county-line; the third lies in Miami township, between the villages of Milford and Miamiville, borders on the Little Miami River, and is directly opposite the famous Camp Dennison, so well known in the late Rebellion ; and the fourth, No. 1775, of nine hundred and seventy-seven acres, situate in Union township, of this, and in Anderson township, of Hamilton County, mostly, however, in this. All four of Washington's tracts are splendid pieces of land,-three of choice bottom-fields, and the other of extremely fertile upland.

Before Congress had passed the necessary legislation, authorizing the issuing of patents by the President to the holders of Virginia land-warrants upon a due entry and location of same, by regularly-authorized government surveyors and the proper return of the surveys to the appropriate departments at the capital, the Governors of Virginia, under the laws of that old commonwealth, issued them to satisfy the owners of the warrants; and of these only three cover lands in this county, and are as follows: The first, of Beverly Randolph, Governor of Virginia, to William Fowler, on land-warrant No. 145, for seven hundred and sixty- five acres, being Fowler's survey No. 261, in Pierce township, between Palestine and New Richmond, and dated August., 1789, and which patent being considered invalid in law, the devisees and assignees of said Fowler took another patent for said land from President Andrew Jackson, on Sept. 28, 1830; and the other two were patents issued and signed by Governor Henry Lee, to John Vaughn and Peter January, assignees of John Nancarrono, dated May 29, 1792, and respectively for surveys Nos. 1747 and 1748, of eight hundred and twenty-two and one thousand acres in Pierce township ; but for these lands United States patents were subsequently issued to Gens. Lytle and Taylor.

NON-PATENTED SURVEYS.
The following are the surveys in the county for which the government has issued no patents :

Bowman and Thomas, No. 4455, 20 acres, May 7, 1807, Batavia township.
John O'Bannon, No. 2378, 470 acres, June 20, 1794, Franklin township, Robertson and Nyly, No. 851, 75 acres, Oct. 2, 1818, Washington township.
Mathew Grigg, No.12,080, 41 acres, Dec. 14,1822, Stonelick township.
Peter Casey, No. 572, 700 acres, Dec. 6, 1798, Tate township.
Wm. Mosley, No. 8976, 66 mares, Aug. 18, 1825, Union township.
John Hill, No. 13,535, 11 mares, May 23, 1834, Jackson township.
Nicholas Carroll's Heirs, No. 10,205, 500 acres, Stonelick township.
" No. 10,588, 200 acres, Batavia township.
" No. 10,304, 100 acres, Stonelick township.
John Hill, No. 15,871, 50 acres, Jackson township.
" No. 15,871, 15 acres, "
" No. 15,793, 10 acres, "
" No. 15,793, 2000 acres, "
Wright and Stark, Nos. 10,851, 10,244, 422 acres, Aug. 11, 1822, Goshen township.
Wm. Lytle, No. 7363, 200 acres, Sept. 15, 1817, Goshen township.
John Higgins, No. 3776, 200 acres, April 10, 1808, Goshen township.
Thomas L. Shields, No. 13,530, 5je acres, May 23, 1834, Batavia township.
Winter's, No. 12;508, 15 acres, Tate township.
John Diurmitt, No. 14,516, A acres, April 25, 1840, Franklin township.
John Preston, No. 9802, 20 acres, Jan. 28, 1819, Williamsburgh township.
Wm.Mosley, No. 9545, 5 acres, June 1, 1820, Batavia township.
" " No. 9546, 8 acres, " " "
Thomas S. Foote, No. 9040, 63 acres, 1ndian Creek township.
Allen Lathaua, No. 13,331, 682 acres, Feb. 5, 1833, Batavia township.

It must not be understood that the lands in the foregoing non-patented surveys are fatally defective in their titles, as the government grant to Ohio for all unsurveyed and unsold lands in the Virginia Military District does not include those not carried into patents from loss of proper entries or on mere technical grounds, but covers the unsurveyed, unsold, and all the tracts based on fraudulent surveys, of which none have to this date been discovered in this county. Besides, patents can be procured for the above- mentioned lands under the act of 1878, which says that the officers and soldiers of the Virginia line on the Continental establishment, their heirs or assigns, entitled to bounty-lands, which have, on or before Jan. 1, 1852, been entered between the Little Miami and Scioto Rivers, for satisfying the legal bounties to her officers and soldiers aforesaid, shall be allowed three years from 1878 to make and return their surveys for record to the office of the principal surveyor of the district, and may file their plats and certificates, warrants, or certified copies of same, at the General Land-Office, and receive patents for the same.

RECORDED PATENTS.

The following is a list of the United States patents for lands in this county, on record in the Recorder's office, and shows the name of the patentee, number of acres, date of patent, name of the President issuing the same, and when surveyed:

Anderson, R. C., 1000 acres, Oct. 9, 1804; surveyed Nov. 14, 1787; Jefferson.
Armstrong, L., 400 acres, Nov. 1, 1837; surveyed Dec. 25, 1787 ; Van Buren.
Bibb, R., 1000 acres, March 3, 1797; surveyed Oct. 12, 1723; Washington.
Bourne, S., 170 acres, July 12,1821; surveyed April 18, 1820; Monroe.
" 450 acres, June 1, 1822 ; surveyed April 14,1821 ; Monroe.
Breckenridge, J., 4666 2/3 acres, May 14, 1802; surveyed March 27, 791; Jefferson.
Biggs, Benjamin, Jr., 907 acres, May 2, 1801 ; surveyed Feb. 6, 1798 ; Jefferson.
Bayles, Henry, 1000 acres, Jan. 24,. 1812 ; surveyed May 11, 1794; Madison.
Broadwell, A., et al., 200 acres, May 2, 1854; surveyed June 27, 1794 ; Pierce.
Catlett, John, 2000 acres, Nov. 2, 1801 ; surveyed April 18, 1788 Jefferson.
Conn, Notley, 1000 acres, May 13, 1796; surveyed Jan. 6, 1788 Washington.
Carneal and Lytle, 4500 acres, Dec. 2, 1802 ; surveyed Aug. 16, 1798 ; Jefferson.
Carrington, J., 500 acres, June 28, 1805; surveyed April 1, 1792; Jefferson.
Campbell, Wetal, 400 acres, Jan. 15, 1825; surveyed April 10, 1793 ; Monroe.
De Benneville, D., 400 acres, March 28, 1799 ; surveyed Aug. I, 1798; John Adams,
De Benneville, D., 1500 acres, June 18, 1798; surveyed Nov. 25, 1796 ; J. Adams.
De Benneville, D., 1000 acres, June 18, 1798; surveyed Nov. 26, 1796; J. Adams.
De Benneville, D., 1000 acres, June 18, 1798; surveyed Nov. 26, 1796 ; J. Adams
Darby, N., 1444 acres, Feb. 5, 1804 ; surveyed Oct. 7, 1793; Jefferson.
Dyer, Samuel, 1000 acres, Aug. 4, 1801 ; surveyed Dec. 6, 1796; Jefferson.
Dandridge, R., 666 2/3 acres, May 14, 1796 ; surveyed April 17, 1788 ; Washington.
Darby, N., 633 1/3 acres, Sept. 7, 1799 ; surveyed June 16, 1797; J. Adams.
Dickey, J., 35 acres, April 6, 1847 ; surveyed Dec. 4, 1837 ; Polk.
" 60 acres, Aug. 21, 1849 ; surveyed June 10, 1849; Taylor.
Dial, Shad., 100 acres, March 16, 1815; surveyed Jan. 5, 1794; Madison.
Eggleston, Joseph, 1000 acres, April 2, 1798 ; surveyed Jan. 2, 1798; J. Adams.
Ely, George, 580 acres, July 2, 1812; surveyed Oct. 5, 1810; Madison.
Finley, Samuel, 400 acres, Dec. 13, 1811; surveyed May 26, 1798; Madison.
Finley, Samuel, 1295 acres, Oct. 9, 1804 ; surveyed May 7, 1798 Jefferson.
Finley, J., et al., 1000 acres, Feb. 18, 1800; surveyed Feb. 8, 1798; J. Adams.
Fowler and Taylor, 765 acres, Sept. 28, 1830; surveyed Jan. 6, 1788 ; Jackson.
Graham, John, 1525 acres, May 13, 1796; surveyed March 8, 1794 ; Washington.
Gernon, R., 2000 acres, June 1, 1799; surveyed Oct. 10, 1793 ; J. Adams,
Gray, John, 1000 acres, March 6,1810 ; surveyed May 7, 1798 ; Madison.
Gray, John, 311 acres, Feb. 19, 1814; surveyed April 13, 1809; Madison.
Gray, John, 9 acres, Feb. 19, 1814; surveyed April 13, 1809; Madison.
Gray, John, 95 acres, Aug. 24, 1815; surveyed May 8, 1801 ; Madison.
William Smith's heirs, 666 2/3 acres, Feb. 12, 1807; surveyed March 10, 1795 ; Jefferson.
Gordon, T., 1500 acres, Oct. 20, 1819 ; surveyed March 14, 1795; Monroe.
Higbee, Isaac, 41 2/3 acres, Oct. 14, 1818 ; surveyed Oct. 15, 1817 ; Monroe.
Hodgdon, Samuel, 800 acres, Aug. 17, 1799; surveyed March 9, 1795 J. Adams.
Humlong, G., et al., 533 acres, Nov. 4, 1821; surveyed Dec. 28, 1787 Monroe.
Hopkins, John, 1000 acres, April 2, 1803 ; surveyed Feb. 2, 1788 ; Jefferson.
Hopkins, John, 1000 acres, May 2, 1801 ; surveyed Feb. 7, 1788; Jefferson.
Humphries, D. C., 300 acres, Jan. 4, 1835; surveyed Feb. 17, 1818 ; Jackson.
Howell, E., 800 acres, June 14, 1798; surveyed April 1, 1793 ; J. Adams.
Herron, James, 662 2/3 acres, July 1, 1801; surveyed April 17, 1800 Jefferson.
Hamilton, Alex., 400 acres, March 10, 1892; surveyed April 25, 1809; Jefferson.
Hill, John, 138 1/3 acres, June 9, 1836; surveyed May 1, 1834; Jackson.
Jacobs, R. C., 4000 acres, Feb. 25, 1804; surveyed April 14, 1788; Jefferson.
Johnson, James, 1249 acres, Sept. 9, 1799; surveyed Aug. 25, 1798; J. Adams.
Johnson, James, 1000 acres, Sept. 9, 1799 ; surveyed Aug. 25, 1798 ; Adams.
Jackson, J. H., 20 acres, Feb. 10, 1837 surveyed Oct. 31, 1835; Jackson.
Jones, Joseph, 1000 acres, Dec. 6, MO; surveyed April 10, 1788; Jefferson.
Jones, Joseph, 738 acres, Feb. 20, 1793; surveyed Oct. 12, 1793; J. Adams.
Johnson, James, 1033 1/3acres, Aug. 39, 1799; surveyed June 17, 1797; J. Adams.
Kyle, Joseph, 200 acres, Aug. 14, 1806; surveyei April 8, 1799; Jefferson.
Kirby, Timothy, 94 acres, June 1, 1233; surveyed June 22, 1832 ; Jackson.
Lytle and Taylor, 860 acres, July 22, 1o112; surveyed May 21, 1811; Madison.
Lytle, Wm., 1000 acres, July 5, 1794 ; surveyed April 16, 1788; J. Adams.
Lucas, N., 2045 acres, Oct. 14, 1801 ; surveyed May 25, 1788; Jefferson.
Lytle, William, 200 acres, Aug. 3, 1820; surveyed Sept. 15, 1815; Mon roe.
Linton, William, 1666 2/3 acres, May 22, 1801; surveyed Oct. 20, 1792; Jefferson.
Lytle, William, 100 acres, June 9, 1798; surveyed May 25, 1794; J. Adams
Massie, H, 1000 acres, April 19, 1809; surveyed Oct. 10, 1205; Madison.
Matthews, G. and C. L., 1777 2/3 acres, April 29, 1800; surveyed April 9,1788; J. Adams.
McDougal. J., 573 1/3 acres, Jan. 5, 1847; surveyed Marok 27, 1802; Polk.
Neville, P., 1400 acres, April 3, 1811; surveyed Nov. 13, 1788; Madison.
Nash, James, 100 acres, Dec. 29, 1815; surveyed May 7, 1807; Madison.
O'Bannon, J., 1000 acres, Jan. 28, 1805; surveyed April 11, 1788; Jefferson.
Paxton, Thomas, 1000 acres, March 13, 1799; surveyed May 28, 1788; J. Adams.
Parker, A., 1300 acres, Feb. 20, 1798; surveyed Jan. 2, 1788; J. Adams.
Robinson, S., 1110 2/3 acres, March 26, 1806; surveyed May 27, 1788; Jefferson.
Sapp, John, 1000 acres, April 19, 1809; surveyed Oct. 11, 1805; Madison.
Smith, Nick, 200 acres, Sept. 23, 1805; surveyed March 17, 1804; Jefferson.
Springer, Levi, 600 acres, Feb. 27, 1824; surveyed April 2, 1820 ; Monroe.
Selden Miles, 666 2/3 acres, Oct. 29, 1894; surveyed May 2, 1794; Jefferson.
Shields and Hill, 498 acres, Jan. 12, 1837 ; surveyed May 9, 1834; Jackson.
Sargent, --, 666 2/3 acres, Aug. 15, 1805; surveyed Dec. 27, 1787; J. Adams.
Stephenson, D., 1200 acres, April 13, 1798; surveyed Jan. 7, 1788; J. Adams.
Snider, Sarah, 3 acres, Dec. 10, 1847; surveyed Feb. 23, 1847; Polk.
Townsley, Robert, 43 acres, May 3, 1816; surveyed Jan. 15, 1816; Madison.
Townsley, Robert, 62 acres, May 3, 1816; surveyed Jan. 14, 1816; Madison.
Townsley, Robert, 35 acres, May 22, 1816; surveyed July 19, 1811; Madison.
Taylor, Francis, 1000 acres, March 27, 1800 ; surveyed April 1, 1788; J. Adams.
Todd, Robert, 400 acres, May 1, 1798; surveyed March 10, 1794; J. Adams.
Taylor, James, 150 acres, Dec. 31, 1830; surveyed April 9, 1808; Jackson.
Taylor, James, 87 acres, Feb. 24, 1835; surveyed Jan. 20, 1833 ; Jackson.
Taylor and Lytle, 1000 acres, May 13, 1796; surveyed April 17, 1788; Washington.
Taylor, James, Jr., 305 acres, July 20, 1837; surveyed June 13, 1834; Van Buren.
Taylor, James, 200 acres, May 1, 1832; surveyed June 1, 1820; Jackson.
Tyler, Robert, 1333 1/3 acres, April 26, 1797; surveyed Oct. 6, 1793; J. Adams.
Towles, Oliver, 1310 acres, Feb 27, 1812; surveyed April 16, 1788; Jefferson.
Taylor and Lytle, 300 acres, Feb. 24, 1835; surveyed Feb. 1, 1821; Jackson.
Taylor, James, 2000 acres, June 18, 1805; surveyed March 18, 1804 ; Jefferson
Taylor, James, 200 acres, Dec. 14, 1807; surveyed March 17, 1804; Jefferson.
Warfield, W., 700 acres, July 16, 1798; surveyed May 30, 1794; J. Adams
Weaver, John, 682 acres, Aug. 1, 1833; surveyed Feb. 5, 1833; Jackson.
Wilson, John, 6 2/3 acres, June 9, 1836; surveyed May 23, 1834; Jackson.
Washington, G. F., 1000 acres, Feb. 3, 1814 ; surveyed Jan. 5, 1788; Madison.
Wallace, C., 200 acres, July 3, 1824; surveyed Jan. 11, 1824; Monroe.
Witham, M., 1000 acres, Nov. 28, 1803; surveyed April 8, 1788; Jefferson.
Wood and Armstrong, 100 acres, Feb. 5, 1837; surveyed Dec. 25, 1788; Van Buren.
Young, G. F., 500 acres, June 5, 1820 ; surveyed Oct. 24, 1817 ; Monroe.

Thus, out of five hundred and twelve surveys in the county, there are but one hundred and one patents recorded, --in other words, but one in every five of the surveys.

SURVEYS OF THE COUNTY.

Their original proprietors, numbers, quantity of acres, and in what townships located.

Anderson, Richard C., No. 391, 1000 acres, Washington township.
Armstrong, John, No. 1651, 834 acres, Franklin township.
Allison, Richard, No. 1730, 434 acres, Franklin township
Anderson, Richard C., No, 1177, 454 acres, Pierce township.
Allison, Richard, No. 1773, 441 acres, Stonelick township.
Aldridge, John, No. 3878, 100 acres, Union township.
Anderson, Richard C., No. 2385, 560 acres, Goshen township.
" No. 3512, 125 acres, Franklin township,
" No. 3513, 1000 acres, Tate township.
" No. 3066, 200 acres, Franklin township.
" No. 3551, 1700 acres, Tate township.
Robert Beale, No. 847, 1000 acres, Ohio township.
Bowyer, Henry, No. 1067, 657 acres, Franklin township.
Bryan, Morgan, No. 1724, 200 acres, " "
Butler, Lawrence, No. 415, 1000 acres, Monroe township.
Buckner, Thomas, No. 1087, 1000 acres, Washington township.
Baylor, Robert, No. 511, 1000 acres, Pierce township.
Bradshaw, John, No. 1772, 1159 acres, Union township.
Burton, John, No. 761, 1333 1/3 acres, Washington township,
Biggs, Benjamin, No. 1005, 907 acres, Monroe township.
Browne, Thomas, No. 723, 1000 acres, Washington township.
Broughton, William, No.2193, 400 acres, Goshen township.
Brownlee, William, No.725, 1000 acres, Washington township.
Branham and Humphrey, No. 3777, 300 acres, Goshen township.
Britain, Mary, No. 2571, 299 acres, " "
Baldwin, Francis, No. 2570, 233 1/3 acres, Miami township,
Binns, John and Charles, No. 1499, 1500 acres, Goshen township.
Bowman, Abraham, No, 7088, 860 acres, Washington township.
Boyer, Armet E., No. 15,526, 5 acres, Goshen township.
Brush and Hill, No. 13,645, 19 acres, Pierce township.
Barrett, William, No. 710, 1000 acres, Goshen township.
Breckenridge, John, No. 2373, 4000 acres, Tate township.
Butler, Lawrence, No. 1199, 1000 acres, Monroe township.
" No. 1199, 880 acres, "
Beasley, Benjamin, No. 9446, 356 acres, Pierce township.
Bourne, Sylvannus, No. 10,639, 450 acres, Jackson township.
Boyce, William, No. 9550, 18 acres, Stonelick township.
Bowman, Abraham, Nos. 4455, 5957, 7990, 500 acres, Union township.
Bowman, Abraham, No. 7091, 485 1/2 acres, Goshen township.
" No. 7093, 200 acres, "
" No. 9386, 125 acres, Jackson township.
Bayles, Henry, No. 1616, 1000 acres, Washington township.
Brown, Robert, No. 706, 100 acres, Union township.
Butler, Lawrence, No. 5258. 120 acres, Jackson township.
" No. 1357, 240 acres, Washington township.
Craddock, Robert, No. 892, 964 acres, " "
Carter, Nicholas, No. 1285, 400 acres, Franklin township.
Clark, Jonathan, No. 972, 1000 acres, Miami township.
Clay, Mathew, No. 674, 662 acres, Union township.
Catlett, John, No. 506, 2000 acres, Pierce township.
Carrington, Joseph, No. 631, 500 acres, Miami township.
Call, Richard, No. 524, 1000 acres, Goshen township.
Clay, John, No. 2954, 500 acres, Tate township.
Chambers, William, No. 2947, 200 acres, Williamsburgh township.
Campbell, John, No. 866, 200 acres, Washington township.
Carrington, Edward, No. 2434, 1100 acres, Union township.
Cabell, Samuel J., No. 5229, 1833 1/3 acres, Wayne township.
Cabell, Taylor, et al., No. 12,079, 1980 2/3 acres, Wayne township.
Currie, James, Nos. 3339, 3340, 1466 2/3 acres, Wayne township.
Collins, William, No. 9608, 200 acres, Ohio township.
Clayton, Philip, No. 581, 966 2/3 acres, Batavia township.
Campbell, Robert, No. 2196, 400 acres, Goshen township.
Campbell, John, No. 866, 200 acres, Washington township.
Casey, Peter, No. 572, 700 acres, Tate township.
Coleman, Samuel, No. 2432, 100 acres, Goshen township.
" No. 2194, 444 1/2 acres, Williamsburgh township.
Crawford, John, No. 1160, 525 acres, Ohio township.
Croghan, William, No. 1794, 250 acres, Batavia township.
Currie, James, No. 3338, 733 1/2 acres, Wayne township.
Dandridge, John, No. 437, 1000 acres, Ohio township.
Davies and O'Bannon, No. 1646, 1000 acres, Franklin township.
" No. 1647, 1000 acres, "
Davies, William, No. 514, 1000 acres, Pierce township.
Dix, Thomas, No. 992, 1000 acres, Miami township.
De Benneville, Daniel, No. 2957, 500 acres, Jackson township.
" No. 5251, 100 acres, Batavia township.
Denny, Aaron, No. 1652, 500 acres, Stonelick township.
Dandridge, Robert, No. 593, 666 2/3 acres, Batavia township.
De Benneville, Daniel, No. 2810, 1500 acres, Williamsburgh township.
" No. 2811, 1000 acres, "
" " No. 281, 1000 acres, "
Dimmitt, Moses, No. 9126, 18 acres, Stonelick township.
Dudley, Ambrose, No. 2952, 773 2/3 acres, Tate township.
De Benneville, Daniel, No. 2810, 2000 acres, Williamsburgh township.
Dimmitt, Ezekiel, No. 13,536, 11 acres, Batavia township.
Dimmitt, John, No. 14,516, 6 acres, Franklin township.
Donnell, John, No. 4442, 666 2/3 acres, Stonelick township.
Donnell, Jonathan, No. 4444, 200 acres, Stonelick township,
Dimmitt, John, Nos. 14,518, 14,533, 128 acres, Franklin township.
Dandridge, Robert, No. 564, 535 acres, Tate township.
" " No. 564, 465 acres, "
Davis, Jesse, Nos. 7105, 10,420, 13,934, 220 acres, Stonelick township.
Darby, Nathaniel, No. 2058, 1033 1/3 acres, Union township.
" No. 2058, 633 1/2 acres, "
Dandridge, Robert, No. 564, 535 acres, Tate township.
Darby, Nathaniel, No. 2057, 1444 acres, Batavia township.
Eggleston, Joseph, No. 1197, 1000 acres, Monroe township.
Edwards, Leroy, No. 720, 1000 acres, Miami township.
Epple, Andrew, No. 764, 1000 acres, Wayne township.
Eddings, Samuel, No. 1366, 1000 acres, Pierce township.
Fowler, William, No. 261, 765 acres, Pierce township.
Finley, Samuel, No. 1763, 400 acres, "
Florence, Daniel, No. 1318, 1100 acres, Washington township.
Fox, Thomas, and Taylor, Nos. 3805, 4235, 666 2/3 acres, Stonelick township.
Fenn, Thomas, No. 3341, 166 2/3 acres, Wayne township.
Finley, Samuel, No. 526, 856 acres, Stonelick township.
" No. 526, 144 acres, Batavia township.
Gibbon, Robert, No. 493, 1090 acres, "
Griffin, John T., No. 590, 1000 acres, Miami township.
Gunner, James, No. 3878, 100 acres, Union township.
Gray, James, No. 1242, 1000 acres, Batavia township.
" " No. 1116, 984 acres, "
Griffin, John T., No. 519, 1000 acres, Miami township.
Gerrard, Joseph, No. 2376, 300 acres, Goshen township.
Graham, Francis, No. 2405, 850 acres, Stonelick township.
" " No. 3624, 150 acres, Goshen township.
Gregory, Walter, No. 4463, 200 acres, Jackson township.
" " No. 4465, 100 acres, "
Grigg, Matthew, No. 12,080, 41 acres, Stonelick township.
Gimbo, William, No. 4457, 200 acres, Batavia township.
Garrett, John, No. 1966, 20 acres, Miami township.
" " No. 3832, 57 acres, " "
" " No. 4825, 23 acres, " "
Graham, Felix Y., No. 9385, 500 acres, Wayne township.
Gist, Nathaniel, No. 964, 583 1/2 acres, Tate township.
Gordon, Ambrose, No. 969, 1500 acres, Jackson township.
" " No. 2528, 166 2/3 acres, Williamsburgh township.
Graham, John, No. 3552, 100 acres, Washington township.
" " No. 2745, 189 acres, Union township.
Green, John, No. 4919, 500 acres, Pierce township.
" " No. 5297, 250 acres, Tate township.
Green, William, No. 274, 666 acres, Monroe township.
Gist, Nathaniel, No. 7747, 847 1/3 acres, Tate township.
" " No. 4454, 750 acres, " "
Hackley, John, No. 905, 666 2/3 acres, Franklin township.
Hamilton, John, No. 866, 400 acres, Washington township.
Holt, Thomas, No. 973, 1000 acres, Miami township.
Higgins, Peter, No. 958, 910 acres, " "
Hardin, John, No. 2399, 200 acres, Union township.
Harrison, John, No. 1543, 515 acres, Monroe township.
" " No. 1543, 545 acres, "
Hackley, John, No. 1089, 100 acres, Stonelick township.
Humphreys and Brashaw, No. 3777, 300 acres, Goshen township.
Hill and Brush, No. 13,645, 19 acres, Pierce township.
Hardin, John, No. 1935, 250 acres, Union township.
Hardin, Martin, No. 1988, 230 acres, Batavia township.
Hill, John, No. 13,533, 6 2/3 acres, Williamsburgh township.
Hill, Baylor, No. 946, 283 acres, Tate township.
" " " 230 " ''
Hackley, John, No. 1089, 143 acres, Stonelick township.
Hawkins, John, No. 2955, 205 acres, Tate township.
Hill, John, No. 13,534, 21 acres, Union township.
" " No. 13,535, 11 acres, Jackson township.
Hawkins, Martin, No. 2950, 1100 acres, Williamsburgh township.
Heth, William, No. 3407, 133 1/3 acres, Batavia township.
Higgins, John, No. 3776, 200 acres, Goshen township.
Hite and Taylor, No. 6222, 300 acres, Monroe township.
Hawles, Samuel, No. 2800, 280 acres, Miami township.
Herron, James, No. 3814, 666 2/3 acres, Stonelick township.
Harvie, John, No. 3345, 833 1/3 acres, Williamsburgh township.
" " No. 3621, 560 acres, Miami township.
Harvie and Fenn, No. 3337, 4500 acres, Wayne township.
Harvie, John, " " "
Hubbard, Green K., No. 6152, 100 acres, Miami township.
Humphreys, Alexander, No. 2946, 100 acres, Williamsburgh township.
Hill and Bryan, No. 13,758, 24 acres, Stonelick township.
Hammell, Enoch, No. 15,247, 20 acres, Goshen township.
Hinde, Thomas S., No. 9031, 1159 acres, Union township.
Howell, Ezekiel, No. 1767, 800 acres, Miami township.
Hogg and Davis, Nos. 10,420, 7105, 234 acres, Stonelick township.
Harvie, John, No. 3343, 2000 acres, Williamsburgh township.
" " No. 3344, 1000 acres, " "
Innis, James, No. 1725, 1000 acres, Franklin township.
" " No. 1655, "
" " No. 1656, " "
" " No. 1668, 1041 acres, "
" " No. 1726, 1000 acres, Tate township.
Irwine, John, Jr., No. 4445, 200 acres, Jackson township.
Jackson, David, No, 1539, 333 acres, Ohio township.
Jones, Cadwalder, No. 976, 1000 acres, Miami township.
Johnson, John B., No. 981, 1000 acres, Miami township.
Jones, Joseph, No. 991, 1000 acres, Miami township.
Jones, Churchill, No. 1134, 1000 acres, Union township.
Johnston, William, No. 1774, 1000 acres, Batavia township.
" " No. 1765, " "
" " No. 1209, 1066 2/3 acres, Jackson township.
Johnson, John W., No. 2384, 300 acres, Goshen township.
Jonitt, Robert, No, 1517, 215 acres, Ohio township.
Johnson, John B., No, 937, 1000 acres, Monroe township.
Jones, Joseph, No. 934, 1000 acres, Batavia township.
Johnson, James, No. 3329, 1249 2/3 acres, Batavia township.
Jones, Cadwalder, No, 714, 1525 acres, Washington township.
Johnson, James, No. 5252, 682 acres, Batavia township.
" " No. 3329, 1417 acres, Jackson township.
Jones, Joseph, No. 948, 1000 acres, Williamsburgh township.
Jones, Shotha, No. 566, 1000 acres, Tate township.
Jones, Albridgeton, No. 9450, 291 2/3 acres, Jackson township.
" " No. 19,774, 107 acres, "
Karr, James, No. 4784, 200 acres, Jackson township.
Kerr, Joseph, No. 4845, 243 acres, Batavia township.
King, Miles, No. 9375, 71 2/3 acres, Tate township.
Kendrick, E. P., No. 13,841, 50 acres, Washington township.
Knox, James, No. 4795, 888 2/3 acres, Pierce township.
" " No. 366, 2000 acres, Tate township.
" " No. 2737, 1300 acres, "
Kirby, Timothy, No. 13,197, 94 acres, Jackson township.
Keith, Isham, No. 1701, 944 acres, Batavia township.
King, Elisha, Nos. 1545, 2195, 400 acres, Miami township.
Kirk, Robert, No. 735, 1000 acres, Franklin township.
Lytle and Tibbs, No. 5962, 45 acres, Goshen township.
Lytle, William, No. 5254, 100 acres, Williamsburgh township.
Lewis, George, No. 1769, 200 acres, Monroe township.
Lucas, Nathaniel, No. 1753, 2045 acres, Pierce township.
" " No. 1753, 1000 acres, "
Lytle, William, No. 4781, 50 acres, Williamsburgh township.
" " No. 4801, 16 2/3 acres, Jackson township.
" " No. 2377, 500 acres, Goshen township.
" " No. 4248, 1500 acres, Miami township.
" " No. 4780, 621 acres, Jackson township.
" " No. 4782, 666 2/3 acres, "
Lytle and Taylor, No. 4783, 666 2/3 acres, Stonelick township.
Lytle, William, No. 7363, 200 acres, Goshen township.
Lytle and Porter, No. 8289, 344 acres, Williamsburgh township.
Lee, George S., No. 13,347, 15 acres, Franklin township.
Lytle, William, No. 3333, 629 2/3 acres, Williamsburgh township.
" " No. 4247, 666 2/3 acres, " "
" " No. 4440, 1500 acres, Stonelick township.
" " No. 4249, 500 acres, Williamsburgh township.
" " No. 4441, 300 acres, Stonelick township.
" " No. 4458, 675 acres, Monroe township.
" " No. 4250, 307 acres, Jackson township.
" " No. 2939, 1000 acres, Tate township.
Lytle and Stephenson, Nos. 2286, 2948, 356 acres, Miami township.
Lytle and Porter, No. 8289, 344 acres, Williamsburgh township.
Lytle, William, No. 2942, 1000 acres, "
" " No. 2949, 525 acres, Tate township.
" " No. 3331, 500 acres, Jackson township.
" " No. 3332, 500 acres, Miami township.
Ladd, Benjamin, et al., No. 10,232, 170 acres, Stonelick township.
Lawson, William, No. 957, 1000 acres, Jackson township.
Light, George C., No. 8909, 228 acres, Union township.
Lee, Charles, No. 3335, 300 acres, Williamsburgh township.
Linton, John, No. 681, 1663 2/3 acres, Stonelick township.
Lytle, William, No. 2019, 500 acres, Miami township.
" " No. 2190, 200 acres, Goshen township.
Light, George C., No. 8905, 20 acres, Ohio township.
" " No. 8904, 8 acres, Batavia township.
" " No. 8907, 15 acres, Ohio township.
" " No. 11,033, 200 acres, Ohio township.
Lindsey, Joseph, No. 3823, 200 acres, Miami township.
Latham, Allen, No. 13,361, 682 acres, Batavia township.
Lytle, William, No. 3048, 200 acres, Williamsburgh township.
Lytle, William, No. 4464, 200 acres, Stonelick township.
McDougal, John, No. 1684, 573 1/3 acres, Washington township.
" " No. 1683, 510 acres, " "
" " No. 1683, 666 2/3 acres, " "
Mosley, Benjamin, No. 1102, 1000 acres, Franklin township.
Miller, Jarvin, No. 1080, 1000 acres, " "
Mathews, George, No, 1138, 1777 2/3 acres, Union township.
Mosley, William, No. 1115, 1000 acres, " "
McDowell, John, No. 1480, 666 2/3 acres, Miami township.
Morrow, Robert, No. 666, 1000 acres, Union township.
Merriwether, James, No. 1136, 1000 acres, Union township.
McCraw, Samuel, No. 1760, 1064 acres, Monroe township.
Massina and Lytle, No. 5248, 100 acres, Batavia township.
McCraw, Samuel, No.1761, 734 acres, Monroe township.
McDougal, John, No. 1767, 666 2/3 acres, " "
Massie, Henry, No. 10,712, 21 acres, Miami township.
McKinnie, James, No. 13,537, 152 1/2 acres, Stonelick township.
Mosley, Benjamin, No. 1102, 1000 acres, Franklin township.
Minnis, Holman, No. 1032, 1000 acres, Wayne township.
Massie, Thomas P, No. 3776, 150 acres, Goshen township.
Mountjoy, John, No. 4448, 2000 acres, Jackson township.
" " No. 5582, 300 acres, Tate township.
Mosley, William, No. 1499, 1166 2/3 acres, Jackson township.
Mosley and Robinson, No. 5992, 111 ½ acres, Miami township.
Mosley, William, No. 8976, 66 acres, Union township.
Maybone, James, No. 998, 1000 acres, Batavia township.
Martin, Thomas, No. 6878, 500 acres, "
Mosley, William, Nos. 6194, 7120, 7121, 180 acres, Batavia township.
McDowell, John, No. 706, 200 acres, Union township.
Morrison, James, No. 2940, 1250 acres, Tate township.
Morrow, Robert, No. 666, 1000 acres, Union township.
Massie, Henry, No. 4862, 977 acres, " "
Mosley, William, No. 5995, 320 acres, Miami township.
" " No. 7197, 17 acres, Batavia township.
" " No. 10,159, 8 acres, " "
" " No. 6530, 108 1/2 acres, Stonelick township.
McCardell, James, No. 2283, 100 acres, Goshen township.
McGeorge, Cormick, No. 10,495, 250 acres, Batavia township.
Mayo, Peter P., Nos. 12,304, 12,406, 200 acres, Jackson township.
Mitchell, James, No. 4401, 100 acres, Batavia township.
McDougal, John, No. 4400, 437 acres, Washington township.
Minzies, Samuel P., No. 3799, 816 acres, Goshen township.
Morrison, James, No. 4800, 100 acres, Jackson township.
Massie, Henry, No. 4841, 200 acres, Union township.
Miller, T. B. and L. J., No. 12,495, 450 1/2 acres, Pierce township.
Morrison and Donnel, No. 3775, 516 2/3 acres, Goshen township.
Morrison, James, No. 2940, 1250 acres, Tate township.
Mosley, William, No. 9545, 5 acres, Batavia township.
" " No. 9546, 8 acres, " "
Moss, Henry, No. 726, 1000 acres, Tate township.
Mountjoy, John, Nos. 4236, 4447, 2000 acres, Stonelick township.
Morgan, Daniel, No. 659, 2222 acres, Washington township.
Mosley, William, No. 949, 1333 1/3 acres, Jackson township.
Mayo, Peter P., No. 12,408, 100 acres, Franklin township.
Meade, Richard K., No. 1665, 1000 acres, Franklin township.
" " No. 1663, 1000 acres, " "
Neville, John, No. 388, 1400 acres, Washington township.
Nancarrow, John, No. 1747, 822 acres, Pierce township.
" " No. 1748, 230 acres, Miami township.
" " No. 1748, 1000 acres, Pierce township.
Norvell, Lipscomb, No. 765, 1333 1/3 acres, Washington township.
Nancarrow, John, No. 9444, 300 acres, Tate township.
Nall, Martin, No. 2194, 300 acres, Miami township.
Neville, John, No. 4848, 1060 2/3 acres, Miami township.
" " No. 4847, 839 acres, Franklin township.
Nall, William, No. 2192, 1100 acres, Miami and Goshen townships.
Nelson, William, No. 3825, 690 acres, Stonelick township.
Overton, Thomas, No. 949, 260 acres, Batavia township.
O'Neal, Ferdinand, No. 913, 1000 acres, Monroe township.
Overton, John, No. 987, 890 acres, Stonelick township.
" " No. 987, 514 acres, " "
" " No, 987, 376 acres, " "
O'Bannon and Davies, No. 1646, 1000 acres, Franklin township.
" " No. 1647, 1000 acres, " "
Overton, Thomas, No. 2436, 1000 acres, Batavia township.
O'Neal, Ferdinand, No. 655, 992 acres, Pierce township.
Overton, Thomas, No. 502, 700 acres, Miami township.
" " No. 2497, 765 acres, Monroe township.
O'Bannon, John, No. 2378, 480 acres, Franklin township.
" " No. 2379, 590 acres, " "
" " No. 2721, 290 acres, Union township.
" " No. 2961, 672 acres, Franklin township.
" " No. 4031, 388 1/2 acres, Batavia township.
Parker, Alexander, No. 834, 700 acres, Washington township,
" " No. 646, 1300 acres, Monroe township.
" " No. 508, 400 acres, Franklin township.
Powell, Robert, No. 430, 1000 acres, Miami township.
Parker, John, No. 2588, 50 acres, Jackson township.
Pierce, William, No. 9532, 550 acres, Goshen township.
Parker, Alexander, No. 834, 700 acres, Washington township.
Payton, James, No. 706, 95 acres, Union township.
Patterson, Charles, No. 2937, 820 acres, Tate township.
Parsons, William, No. 585, 1000 acres, Williamsburgh township.
Pasky, Frederick, No. 910, 800 acres, " "
Peyton, Francis, No. 3856, 600 acres, Union township.
Pierson, Thomas, No. 928, 1333 1/3 acres, Tate township,
Pelham, Charles, No. 6551, 200 acres, Miami township.
Preston, John, No. 9802, 200 acres, Williamsburgh township.
Parker, Alexander, No. 834, 700 acres, Washington township.
Payne, John, No. 4446, 200 acres, Jackson township.
Porter, William, No. 8290, 444 acres, Tate township.
Peyton, Timothy, No. 954, 1000 acres, Jackson township.
Patterson, Charles, No. 2936, 1000 acres, Tate township.
Quarles, Nathaniel, No. 4240, 200 acres, Stonelick township.
Roy, Beverly, No. 1064, 1000 acres, Washington township.
" " No. 1064, 1000 acres, Franklin township.
Rhea, Matthew, No. 2951, 884 2/3 acres, Tate township.
Ridley, Thomas, No. 3400, 166 2/3 acres, Batavia township.
Richardson, W. and G., No. 768, 1000 acres, Tate township.
Robertson, James, No. 851, 200 acres, Washington township.
Robertson, George, No. 851, 75 acres, " "
Ryley, John, No. 851, 200 acres, Washington township.
Robinson, W. H.; No. 13,606, 4 1/2 acres, Union township.
Roy, Beverly, No. 939, 1500 acres, Tate township.
" " No. 3778, 325 acres, " "
Robertson, William, No. 639, 666 2/3 acres, Williamsburgh township.
Roy, Beverly, No. 4460, 175 acres, Tate township.
Smith, William, No. 866, 400 acres, Washington township.
Stephenson, David, No. 722, 1200 acres, Ohio township.
Starke, Lewis, No. 1349, 666 2/3 acres, Monroe township.
Stevens, Edward, Nos. 1671, 1672, 1873, 2262 acres, Union township.
" " No. 1669, 1000 acres, Franklin township.
" " No. 1670, 1000 acres, " "
" " Nos. 1675, 1676, 1677, 1900 acres, Stonelick township.
Stevens, Edward, No. 3877, 123 acres, Batavia township.
Simpson, Edward, No. 1770, 200 acres, Miami township.
Straws, George F., No. 2938, 1100 acres, Tate township.
Scott, Joseph, No. 586, 1000 acres, Batavia township,
Snider, Sarah, No. 15,171, 3 acres, Goshen township.
Shields, Thomas L., No. 13,530, 5 3/4 acres, Batavia township.
" " No. 13,532, 4 1/2 acres, " "
Smith, James, No. 3776, 200 acres, Goshen township.
Stewart and Taylor, No. 13,388, 53 acres, Jackson township.
" " No. 13,389, 30 ¼ acres, " "
Shackleford, Samuel, No. 2404, 100 acres, Goshen township.
Smith, William S., No. 950, 666 2/3 acres, Williamsburgh township.
Sneed, Smith, No. 2066, 1500 acres, Franklin township.
Starke, Lewis, No. 715, 450 acres, Miami township.
Stiers, Ralph, No. 13,904, 25 acres, Franklin township.
" " No. 13,905, 10 acres, " "
Stewart, James, No. 14,532, 6 acres, Washington township.
Shields, Thomas L., No. 14,523, 138 1/3 acres, Jackson township.
" " No. 13,524, 498 acres, " "
Smith, Nicholas, No. 4457, 200 acres, Stonelick township.
Standard and Johnson, No. 4241, 200 acres, Jackson township.
Stephenson and Lytle, No. 2948, 390 acres, Monroe township.
Smock, Jacob, No. 851, 156 acres, Washington township.
Seldon, Samuel, No. 676, 666 2/3 acres, Union township.
Sewell, William, No. 3206, 300 acres, Tate township.
Singleton, Anthony, No. 4402, 86 2/3 acres, Batavia township.
Stephenson, David, No. 630, 1110 acres, Franklin township.
Starke, Richard, No. 10,851, 281 1/4 acres, Goshen township.
Talliaferro, William, No. 1066, 533 acres, Franklin township.
Taylor, James, No. 4244, 100 acres, Stonelick township.
" " No. 5960, 400 acres, Goshen township.
" Francis, No. 1654, 1000 acres, Franklin township.
" " No. 1657, 1000 acres, " "
" " No. 1658, 1000 acres, " "
" Reuben, No. 1652, 1000 acres, " "
" " No. 1653, 1000 acres, " "
" William, No. 637, 1000 acres, Union township.
Thomas, Lewis, No. 1762, 1000 acres, Batavia township.
Towles, Oliver, No. 1239, 1310 acres, Tate township.
" " No. 1239, 1000 acres. Monroe township.
Todd, Robert, No. 1017, 11104 acres, Miami township.
Tibbs and Lytle, No. 6952, 45 acres, Goshen township.
Taylor, James, No. 5958, 300 acres, Batavia township.
" " No. 5959, 800 acres, Goshen township.
Tibbs, William, No. 5256, 80 acres, Batavia township.
Trent, Lawrence, No. 728, 1000 acres, Washington township.
Thomas, Lewis, No. 4455, 200 acres, Batavia township.
" " No. 4455, 20 acres, " "
" " No. 6219, 311 acres, Monroe township,
" " No. 1989, 98 acres, " "
" " No. 1989, 235 acres, Batavia township.
Taylor, James, No. 15,435, 5 acres, Jackson township.
" " No. 7092, 500 acres, Goshen township.
Taylor, Francis, No. 3050, 333 1/3 acres, Wayne township.
Taylor, Morrow, et al., No. 4449, 2115 ½ acres, Stonelick township.
Taylor, James, No. 13,368, 28 acres, Batavia township.
" " No. 13,364, 109 acres, " "
" " No. 13,363, 20 acres, " "
" " No. 7103, 2 acres, " "
" " No. 4450, 500 acres, Stonelick township.
" " No. 4791, 666 2/3 acres, Jackson township.
" " No. 15,745, 60 acres, " "
" " No. 3776, 150 acres, Goshen township.
Taylor and Hite, No. 6222, 300 acres, Monroe township.
Taylor and Stewart, No. 13,388, 53 acres, Jackson township.
" " No. 13,389, 30 ¼ acres, " "
Taylor, James, No. 13,938, 35 acres, Jackson township.
Todd, Robert, No. 1550, 400 acres, Miami township.
Taylor, James, No. 13,367, 87 acres, Jackson township.
" " No, 13,366, 66 acres, " "
" " No. 15,837, 40 acres, " "
" " No. 13,369, 30 acres, " "
Taylor, Francis, No. 4243, 188 2/3 acres, Pierce township.
Taylor, William, No. 4237, 889 acres, Stonelick township.
Temple, Benjamin, No. 4802, 200 acres, Batavia township.
Taylor, James, No. 12,464, 24 acres, Goshen township.
Tibbs, John, No. 4252, 1000 acres, Jackson township.
Temple, Benjamin, No. 4459, 1000 acres, Batavia township.
Townsley, Robert, No. 6948, 42 acres, Batavia township.
" " No. 7106, 43 acres, " "
" " No. 6949, 35 acres, " "
Thomas, Lewis, No. 5259, 365 acres, Jackson township.
Taylor, James, Jr., No. 5259, 305 acres, Jackson township.
Towles and Taylor, No. 3803, 1000 acres, Wayne township.
Taylor, James, No. 3804, 666 2/3 acres, Goshen township.
Taylor, Caball, et al., No. 12,079, 1980 2/3 acres, Wayne township.
Taylor, Lytle, et al., No. 3790, 1766 2/3 acres, Goshen township.
Taylor, James, Jr., No. 13,644, 20 acres, Goshen township.
Taylor and Kirk, No. 9385, 220 acres, Wayne township.
Taylor, Martins, et al., No. 5580, 350 acres, Ohio township.
Taylor, Francis, No. 1659, 1000 acres, Franklin township.
Vance, Andrew, No. 2406, 200 acres, Goshen township.
Voden, Henry, No. 2374, 100 acres, Goshen township.
Vowles, Henry, No. 3800, 1666 2/3 acres, " "
" " No. 3801, 1000 acres, " "
Vanderwall, Mark, No. 966, 666 2/3 acres, " "
Vansant and Meigs, No. 9383, 250 acres, Goshen township.
Washington, George, No. 403, 1000 acres, Pierce township.
" " No. 1650, 839 acres, Franklin township.
" " No. 1765, 1235 acres, Miami township.

Washington, George, No. 1775, 977 acres, Union township.
Winlock, Joseph, No. 1771, 1295 acres, Union township.
" " No. 1771, 1295 acres, " "
Waters, Richard J., No. 921, 1000 acres, Ohio township.
White, John, No. 597, 666 2/3 acres, Miami township.
Woodford, John, No. 1156, 2475 acres, Monroe township.
Whiting, Henry, No. 561, 1000 acres, Tate township.
Wallace, C., and others, No. 10,090, 375 1/3 acres, Jackson township.
Walden, George, No. 4452, 100 acres, Jackson township.
Wallace, W. B., No. 955, 1000 acres, Williamsburgh township.
Wallace and Young, No. 8171, 598 acres, Jackson township.
Wright and Starke, No. 10,244, 281 ¼ acres, Goshen township.
Watts, John, No. 4553, 444 2/3 acres, Batavia township.
Wilcox and Lytle, No. 12,232, 100 acres, Goshen township.
Watts, John, No, 12,483, 128 acres, Batavia township.
" " No. 5253, 222 acres, " "
Waters, Richard J., No, 926, 2000 acres, Tate township.
Whitaker, William, No. 705, 666 2/3 acres, Williamsburgh township.
Watts, John, No. 3780, 620 acres, Tate township.
Watts and Smith, No. 3781, 666 2/3 acres, Tate township.
Yancy and Wallace, No. 8171, 598 acres, Jackson township.
Yancy and Layton, No. 8171, 83 1/3 acres, " "
Young, Original, No. 2055, 600 acres, Stonelick township.
Zimmerman, William, No. 910, 200 acres, Williamsburgh township.

Many of the above surveys lie in two townships, but the township is given in which the largest portion is located, and several are partly in this county and partly in Brown, Hamilton, Warren, and Clinton Counties.

The early settlers, in their haste to enter and locate lands and reclaim from the woods the fertile acres they had bought and make comfortable homes for their families, were often careless about their titles, and frequently suffered gross imposition. The records and tradition speak of many who had to pay twice for their possessions, others who had to give again half of the original price paid by them years before, and some who lost their lands entirely and were compelled to leave their farms, already partly cleared and on the swift road to improvement and cultivation. Oliver Towles' survey, No. 1239, of one thousand acres, lying on Pond Run, or Cross Creek, and situate in Tate and Monroe townships, was surveyed by John O'Bannon, April 17, 1788, on military warrant No. 855, and patented to Oliver Towles, Jr., Feb. 27, 1802, by President Jefferson. Under some color of title, William Lytle claimed this tract, one of the finest bodies of choice land in the county, and sold it to the following parties for the prices subjoined and in the years indicated:

Year

Purchases

Acres

Price

1808

1810

1809

1807

1812

1809

1812

1811

1810.

George Brown

Joseph Dole

Jacob Fisher

George Meal

John Reeves

Henry Fisher

Abel Morgan

William Huling

John Bunnel

157 1/2

80

100

100

196 1/2

100

115 ½

100

105

$315

200

250

300

389.50

200

347

300

300


Bunnel sold his tract to John Monroe, and that of William Ruling was conveyed to Samuel Ruling, and the two, with the other original seven buyers above, lost every acre they had bought with their silver dollars by Lytle's want of title. It turned out that on Dec. 2, 1810, Oliver Towles, Jr,, the patentee of this land, had leased and demised the whole survey for a term of fifty years to one Richard Smith, who on Feb. 25, 1813, filed his declaration in the Common Pleas Court for an ejectment of George Brown from the one hundred and fifty-seven and one-half acre piece, and at the trial before a jury at the July term, Brown gained the case ; but at the May term of 1814 of the Supreme Court of the county the verdict and judgment below was reversed, and Brown ejected from the premises he had bought six years previous with his hard earnings, and he had to go to another part of the county and begin life anew.

At the June term, 1820, of the Supreme Court, the verdicts of juries in the Common Pleas courts in favor of Joseph Dole, Jacob Fisher, George Meal, John Reeves, Henry Fisher, Abel Morgan, Samuel Ruling, and John Monroe were all reverse:, and the titles of the broad acres they had years before obtained from Lytle were found to vest in Richard Smith, the lessee of Towles. These men lost their land, and had saddled on them big costs and lawyers' fees to pay. The court appointed a commission of John Shaw, Shadrach Lane, and Robert Donham to go upon the 'ands to value all lasting and valuable improvements made thereon by the occupants prior to their having had actual notice of the claim of Towles or his lessee, and to view and assess all damages occasioned by waste, and deduct the same from the value of said improvements ; also to value the said land in its natural state, and also to assess and liquidate the rents and profits arising from the occupancy of said lands by said occupants prior to the bringing of this suit. The upshot was, most of these men, who had been deceived and turned out of their half-improved farms by the law's stern edicts, went elsewhere in the county and started again on new lands, and had to work the harder for long years, and their families had to endure new privations to make up for the time and treasures lost in bad titles.

Another sad investment to the pioneers was part of Richard J. Waters survey, No. 921, in Ohio and Monroe townships, which O'Bannon had surveyed for said Waters, assignee of Henry Banks, on Feb. 5, 1788, and, like the ill-fated Towles tract, it was also on Pond Run or Cross Creek. Waters had failed to carry his entry and survey into a patent, and about the year 1805 one Samuel Grimes sold five hundred acres of this survey to John Barrett, but how, when, or where Grimes got his title the records are silent. Here, again, was mischief to the hardy pioneers coming with their wives and little ones to open up the wilderness to improvement and civilization, and then, when their homestead places became improved and their surroundings pleasant, to have their titles upset and a new journey began.

In 1807, Barrett sold to David White one hundred acres at two hundred dollars, and to Edmund and Caleb Lindsey one hundred and ninety-nine acres at three hundred and seventy dollars, and to Thomas Flinn one hundred acres at three hundred dollars, who, three years later, conveyed it to Joshua Porter. The facts were, this four hundred acres had never been sold by the Waters heirs, and Grimes and Barrett had no titles to convey to these settlers. So, on April 4, 1821, R. D. Dawson, one of the Waters heirs, entered into a bond, agreeing, at a stated future day, to convey to James Robb, Daniel Light, and David White all the interests of the said Waters' heirs, and then went off, got their assignments of the survey entries to himself, went to Washington, and on the said assignments had issued to him a patent for the whole survey; all of which was legal. Dawson then conveyed nine-tenths of the survey to James Robb and Daniel Light (being nine hundred acres and including the Lindsey and Porter pieces) by deed dated Feb 24, 1824. Then Robb and Light sued Edmund Lindsey, Joshua Porter, and David White to eject them. White compromised and paid his two hundred dollars again, with fifty dollars additional, to keep his piece, but Lindsey and Porter fought it in the courts, and finally Lindsey paid the purchase price again. Porter died while the litigation was pending, but his heirs at last compromised it by having topay quite a sum, with large bills of costs, to keep the land.
Beverly Roys' survey, No. 1064, in Washington township, proved defective in title and a source of great trouble and expense to those who early bought lands in its limits. Philip Buckner, of Kentucky, claimed to be its owner, and in 1800 and 1801 sold one hundred and eight acres to James Buchanan ; two hundred and one to Alexander Buchanan, Sr. ; one hundred to Alexander Buchanan, Jr. fifty-three and a half to David Wood ; one hundred and fifty-five to Adam Fisher (father of Hon. David Fisher member of the Thirtieth Congress from the Second Ohio District,-Clinton County,-and into whose arms ex-President John Quincy Adams, then a member of the national House, fell on Feb. 22, 1847, in the sudden prostration that terminated his life); and the residue of this survey (one thousand acres) to various parties in smaller tracts. Some twenty-five years later the heirs of Beverly Roys, or his legal representatives, began suits to recover this survey, claiming that Buckner had no title, and that his conveyances were therefore void. The Buchanans and other occupants, who had long before paid their money for their farms employed Thomas Ewing and Gen. Hamer, who fought with great desperation the non-resident claimants, but finally the case was adjusted on a compromise which allowed the occupants for their improvements and taxes, ant they therefore retained their possessions, but had to pay a small sum per acre to get their titles quieted, beside: considerable attorney-fees.
The well-known Smith survey, No. 866, of four hundred acres, also in Washington township, was a fruitful one in trouble to those who located within its boundaries and bought on title-bonds or promises of bonds from Nathaniel Massie, the agent of the holder of the land warrant on which the entry was made. The Woods and others who purchased in its confines had to bring suit in chancery against the Massies and others to get deeds, and then, not getting them, took special decrees operating at deeds to quiet their titles. Thomas Morris went down to see Leonard Armstrong, David Wood, and the heirs of Absalom Wood about getting a patent to them from the President. He offered to get one for sixty dollars. Armstrong and the heirs of Absalom Wood gave him forty dollars, and for the other twenty dollars Morris took the finest black mare on the place, said then to be the best in the township. But he failed to get the patent, and at last Gen. Hamer when in Congress in his last term succeeded in procuring one from President Van Buren, which settled forever the title to the then owners, but at considerably outlays of money for those days, when specie was scarce and paper money not to be had easily.

Many people who had bought lands found, to their sorrow, that these tracts were on the surplus of surveys, and to keep from being turned out of house and home by other persons who might any day enter them, they gathered together all their ready means, sold their last horse sometimes, often their only cow, and frequently the neighbors clubbed together to raise the wherewith by disposing of this and that article, by which they might journey to Chillicothe, buy land-warrants, and enter them on their own homes, already years ago paid for, in order that no one else might get a patent and dispossess them of their all in the new country. In Chapter XIV., under "Notable Trials," the Cabell survey suit is narrated, whereby all the owners of three thousand six hundred and sixty-six and two-third acres were compelled only a few years ago to repay for two-fifteenths of all the lands they had paid for years previous. These all live in Wayne township, and we give their names and number of acres they owned (of two-fifteenths of which they were despoiled by double payment) :
John B. Fry, 271 ; W. H. Cramer, 62 3/4 ; Anne E. Pendry, 183 ; Charles Durham, 46 1/4 ; Jonas Doughman, 50 ; J. H. Dickbrader, 156 3/4 ; Daniel Hogan, 40 ; Walter Hogan, 26 ; William Ingle, 157 ; S. F. Spurling, 188 ½ ; John Laymon, 31 ½, Cornelius McNeilus, 60 ; Thomas D. Scott, 58 ½ ; William Snider, 106 ½ ; Catharine Scott, 38 ½ ; and the heirs of John Thoroughgood, 65.
Every township furnishes many and well-authenticated instances, and the records of the courts for the first forty years of their existence are replete with them, where the first occupants of the lands, having paid for their possessions, earned by hard labor and exposure to the fatigue of the weather and dangers incident to frontier life, were compelled, in order to get deeds or perfected titles, to bring suits in chancery. This and similar litigation bore heavily on the first emigrants, but they pushed on, some having to be dispossessed of their little farms, and others having to make great sacrifices and pay twice for their tracts and settle enormous costs and lawyers' fees. The sufferings of many who were ruthlessly stripped of their all were great, but their kind neighbors rallied to these squatters or settlers, and assisted very generally in giving them a fresh start in the rough and rugged journey of life.
On the subject of land-titles the late Hon. B. W. Clarke wrote as follows :
"Most persons holding the Virginia land-warrants never saw the land upon which they were laid, as surveyors took them to locate, and generally for a share of the land,-more or less, as they could drive the bargain. Large tracts of a thousand acres or more were often thus located; the surveyor, getting for his pay the larger half, and being upon the ground, was enabled to secure the best portion. Some of the surveys are large, calling for several thousand acres, and invariably overrunning the quantity named. Breckenridge's survey in Tate township, upon which Bethel is situated, called for four thousand acres, while in fact it contains over six thousand; and thus the government was cheated out of the surplus of the surveyor. It was not unfrequently the case that holders of warrants could have them laid upon well-chosen lands by competent surveyors for the surplus, and it often happened in such cases that the surveyor would get the most land. About the year 1835 a land-speculator got a small warrant, calling for about one hundred acres, located by a surveyor who was a preacher of the gospel, and who was to make the location for the surplus, and he did his work well; but the surplus was larger than the quantity called for in the patent. By this method of locating large tracts, to remain in the hands of non-residents, living far away from the lands, and often descending by death to heirs, and the title becoming tangled and difficult to be gathered up into a perfect legal conveyance; and, furthermore, by the very bad practice of speculators selling lands to emigrants upon mere bond for title, without themselves having, perfected their right to such lands, or, indeed, often without intending ever to do so,-the broad foundation for future trouble was laid. Land was sold very cheap,--- even so low as one dollar per acre for choice selections, and for sometimes fifty cents, twenty-five cents, and less, if more could not be had; but, cheap as it appeared to the unsuspecting purchaser, it often proved his ruin. He would go upon his land, build his cabin, clear oat his fields, and just as he was beginning to realize some of the fruits of his hard labor a claimant with a better title would call upon him, and he would have to surrender up all, without a return of his purchase money or pay for improvements. Sometimes the occupants would hold on to their shadow of a title and risk the chances of a lawsuit; but, of course, the better title prevailed, and they lost not only their land, but, as before narrated, were harassed with lawyers' fees and cost- bills, which in many cases finished up the administration of the poor man's worldly effects and left him almost as naked as when he came into the world. Many bought their farms a second, and even a third time before they were quieted in their titles.

"Few men contributed more to this ruinous state of things than Gen. Lytle, who was extensively engaged in locating land-warrants and selling lands and had many and influential friends, and all adventurers into the county who wanted land were recommended to Lytle. He was a man of easy and affable address, not difficult to trade with, and of course the all-confiding purchaser desired nothing but the word and bond of Gen. Lytle for a deed, and felt secure that all was right, and in this faith paid his money and expended his labor to improve his possessions. Old pioneers say that any person wishing land had only to call on Gen. Lytle, name the quantity and location, and he would at once close the bargain, take the money, and give his bond for a deed, although he had no particle of title whatever or right to sell, but probably he intended to get in the title,- a thing not difficult for him, but not always done,--and of course the consequence was, the poor confiding settler lost his land and all his labor bestowed upon it, as well as the purchase-money ; for our information is very few were over fully indemnified by Lytle for their losses. Tradition says Gen. Lytle made most of his surveys on horseback, and the well-known historical fact that his surveys, more than those of any other early surveyors, overran in quantity, is to be attributed to this circumstance for in the saddle he was not able, on account of the thickets, ravines, underbrush, and other obstructions, to get around, but stopped short or went beyond the required points to make his surveying accurate: and, as land was cheap as a song, and there was never an expectation that it would all be taken up and farmed, Lytle was not particular, but surveyed his tracts in wanton disregard of the great future trouble and litigation to subsequent owners and occupants."
On April 24, 1795, Gen. James Taylor, of Newport, Ky., gave a power of attorney to Gen. William Lytle to sell and convey by title-bond or deed, in such quantities and at such prices as the latter wished, any of the many thousands of acres of the former's lands in Clermont to such persons as might desire to purchase. The first sale by Lytle under this power of attorney was in 1795, by title-bond, of Robert Morrow's survey, No. 666, of one thousand acres, in Union township ( lying between Tobasco and Mount Carmel), to Robert Kyle, for two thousand five hundred dollars. The next sale was Richard Taylor's survey, No. 637, of one thousand acres in same township, and including Tobasco, to Daniel Durham, at two dollars per acre; and in same year Lytle sold, as attorney of Taylor aforesaid, part of William Johnson's survey, No. 1765, of one thousand acres, adjoining Batavia, and including the Duckwall farms, to Ezekiel Dimmitt, at two dollars and fifty cents per acre.

Gen. Lytle, with a good deal of the carelessness characterizing land business at an early day, in hundreds upon hundreds of cases in making the deeds of conveyance did not make them as the attorney in fact and of record of Taylor, as he should have done and was authorized to do, but went ahead and made them as an individual owning them in fee-simple, and his wife, Eliza N. Lytle, united in the deeds with him and released her dower. But in after- years, in searching titles, it could not be discovered whence Lytle had acquired any title to the lands thus irregularly conveyed, and his attention was called to it. Whereupon, to cure all these defects, he made a mammoth curative deed on July 23, 1821, in which he recited his power of attorney as aforesaid, and in which, as attorney of Taylor, he again conveyed all those pieces to the divers persons who had years before had his individual deed for lands not his. This was put on Clermont records, and cured up all the defects clouding the titles of hundreds of unsuspecting purchasers, who came near being the victims of Lytle's carelessness.

On June 27, 1796, Obed Denham bought of John Breckenridge the famous survey, No. 2373, of four thousand acres (overrunning at least six hundred acres), by title bond; but, getting no deed when he paid for it in full, he brought suit against the Breckenridge heirs, and the Clermont Supreme Court, at its October term of 1810, ordered said heirs to make him a deed, and in default thereof its decree was to operate as a conveyance.




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