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Tennessee Land: Its Early History & Laws

Foreword

      This book was written as an introduction to Tennessee's land history and laws for historians and genealogists. Our grand state is unique for many reasons. Students of Tennessee history recognize this, but most are unaware of the state's unusual land laws and historic transactions.

     Tennessee is considered a "metes and bounds" state. However, a large portion of it was also set apart in townships and ranges as in public-land states. Tennessee litigated its boundaries with neighboring states until the mid-19th Century. North Carolina and Virginia both claimed portions of Tennessee prior to its statehood. Its eastern lands made up the largest part of the short-lived State of Franklin. Tennessee had to honor North Carolina's unresolved land grants for many years following statehood, and Tennessee was unable to grant its own lands for the first ten years of its existence. Tennessee land was the basis of the worst land fraud scheme in the history of the United States.

     Land historian Fred Smoot wrote, "Why doesn't Tennessee today have a usable system of land division and identification? Apathy, misunderstanding, and poorly trained deputy surveyors have all played a part." Land was pioneer Tennesseans' most valuable asset. Its ownership and transfer had social, political, and economic ramifications at every level. Modern researchers must have a solid foundation in Tennessee's land history and early laws before they will be able to understand the actions of historic Tennesseans.

Billie won First Place in the Journals category of the Council of Genealogical Columnists 1997 Excellence-in-Writing Competition. She won Second Place in the same competition in 1996. The East Tennessee Historical Society presented Billie with its 1997 History in the Media award for her work to promote Tennessee history and genealogy on the Internet.

Contents

Chapter 1: Land Transactions in Colonial "Tennessee"

  • Opening the Lands West of the Alleghenies
  • Colonial Boundary Issues
  • Early Surveys and Settlement
  • Early Treaties with Native Americans

Chapter 2: Private Land Development & Speculation

  • Transylvania Company's Purchase
  • Additional Activity at Sycamore Shoals

Chapter 3: Land as Incentive or Payment for Military Service

  • Federal Level
  • State Level
  • North Carolina

Chapter 4: Development of Non-Military Lands

  • Treaty of the Long Island in the Holston
  • Washington District and County
  • Western Lands and Westward Migration
  • The Non-Military Grant Process

Chapter 5: "Land Grab" Act of 1783

Chapter 6: The Region in Transition

  • North Carolina's First Cession to the U. S.
  • Treaty of Hopewell
  • State of Franklin
  • North Carolina's Second Cession to the U. S.
  • Territory of the United States South of the River Ohio
  • Treaty of the Holston

Chapter 7: Tennessee as a State

  • State Boundary Issues
  • Kentucky
  • Virginia
  • Alabama
  • Mississippi
  • North Carolina
  • Georgia
  • North Carolina and Tennessee Reach Settlement; School Lands Appropriated
  • Ceded Lands and the Federal Government
  • Pre-Emption Rights
  • Tennessee's Land Offices
  • West Tennessee Lands
  • School Lands
  • Act of 1821 to Limit Time for Registering Grants
  • Acts of 1823 Governing "Available" Lands
  • Civil Districts in Tennessee Counties
  • Location of Land Records
     

Chapter 8: Land Grant Fraud in Tennessee

Chapter 9: An Introduction to Tennessee's Confusing Historic Land Laws

  • Intestate Succession
  • Lineal Descendants
  • Collateral Kindred
  • Ascendants
  • Testate Decedents
  • Dower Right
  • "Courts of Competent Jurisdiction"
  • Other Anomalies and Points of Interest
  • Duplicate Registration
  • Transcription of Records
  • Chancery Deed
  • Probate of Deeds
  • Land Grants
  • Quitclaim
  • Adverse Possession
  • Race [to the Courthouse] State
  • Transfers of Land by Females
  • Time Requirements
  • Property Settled in Consideration of Marriage
  • Disaster Recovery
  • New Counties
  • Indices Required
  • Statutes of Limitation
  • Judgments by State of Franklin Courts

Bibliography

Suggestions for Continued Research

Index

Maps

  • Boundary Lines of Important Surveys and Indian Treaties
  • Locations of First "Tennessee" Settlements (1772-1779)
  • Boundaries of the Treaty of Long Island, 1777
  • Primary Jurisdiction of Washington County After Its Establishment in 1777
  • Land Claims of Colonies & Private Interests, circa 1750
  • North Carolina's "Tennessee" Counties in 1783
  • Counties of the State of Franklin, circa 1786-1788
  • North Carolina's "Tennessee" Counties, 1786
  • Counties of the Southwest Territory, 1792
  • Boundaries of Major Tennessee Land Districts
  • Tennessee's Surveyors' Districts

Tables

  • Allowed Amounts for Military Grants
  • Military Grants for Service in Creek Wars
  • Some Recipients of Large Amounts of Tennessee Land
  • Individuals Accused in Glasgow Land Fraud