Genealogy Forum NEWS
February, 1999
Kentucky Land Grants - Part II
The Kentucky Land Grant System - Part II
Submitted by VKeith3711@AOL.com
How Are Land Grants Filed?
Time periods and possible land locations play an important role in determining which group or groups of land grants need to be researched. For example, if the historian feels the grant was issued before June 1792, the first series to study would be the Virginia Land Grant Series. No, that does not require a trip to Richmond, Virginia; records of all Virginia-issued land grants are in Frankfort at the Land Office.
Virginia Series
Generally includes Warrants, Surveys, and Grants completed before 1792. There are some instances where the researcher will have to obtain copies of the Warrant and Survey from the Virginia Series, then copy the Grant from the Old Kentucky Series. Approximately 10,000 patents are filed with this grouping, some of which were authorized by military warrants. Although the researcher can find the grant book reference in Jillson's Index to Kentucky Land Grants, the patent number of this series will have to be researched using the Master Index to Virginia Surveys and Grants prepared by the Kentucky Historical Society.
Old Kentucky series
There are over 7600 patents filed in this series, some of which were classified as "military." In the Old Kentucky grouping, the Grant was issued after June 1792. The researcher can find the grant book reference in Jillson's Index to Kentucky Land Grants, then obtain the patent number, in most cases, by checking the left margin of the grant. If the number is not entered, study the Index for Old Kentucky Surveys and Grants, also published by the Kentucky Historical Society. (NOTE: Thorough researchers will check the latter publication even if the patent number is on the grant; the Historical Society books are indexed by Survey name with a cross-index for Grant name. This gives a second source of names to research and provides "insurance" in the event the name is listed incorrectly in Jillson's book).
South of Green River Series
This series was established by a 1795 Act of the General Assembly which opened the former Military District to settlers meeting certain requirements. The purchaser of the Warrant/Certificate had to be 21 years of age or older and a resident on the property in question for one year. An improvement, such as planting a crop or building a cabin was also required. There are over 16,600 patents filed in this series, many of which are located out of the south of Green River area and as far north as Pendleton County. Due to repeated time extensions by the General Assembly for the payment of required patent filing fees, many of these patents span several decades from the time of their inception to finalization. The South of Green River patents are often known as the "Headrights Claims."
Warrants for Headrights
Research continues on this series of land grant records. To date, it has not been determined why this grouping of 55 patents was not filed under one of the major series.
Tellico Series
This area of Kentucky was purchased from the Cherokee Indians in 1805. In 1810, the Kentucky General Assembly passed an act appropriating the land under the patent system. Confirmed residents of the area (minimum residence time of six months) were entitled to warrants of 100 to 200 acres of land at $40 per 100 acres. Moneys generated from the sale of the warrants were to be used to procure arms for the state militia. In 1831, the cost was reduced to $5 per 100 acres. There are 590 patents in this series; although the land is primarily located in southeastern Kentucky, there are a few exceptions.
Kentucky Land Warrant Series
By 1815, the Kentucky Land Office was issuing land patents under three separate series, namely, Old Kentucky, South of Green River, and Tellico. This undoubtedly produced an abundance of confusion as there are numerous patents which appear to be filed under an inappropriate series---land location would warrant a different series than that which was actually used. By 1815, the Kentucky General Assembly addressed the Land Office dilemma by passing an act establishing the Kentucky Land Warrant system which combined all three series. Unappropriated areas of Kentucky, with the exception of the Jackson Purchase, were eligible for land patenting with the purchase of a warrant from the Kentucky Land Office. Under the warrant's authorization, the county surveyor would then complete the survey; the warrant and survey would then be sent to Frankfort where the grant would be issued. Under this series of 26,080 patents, we see various types of warrants used. Not only are there warrants that were simply purchased in Frankfort, but there are also warrants issued to poor widows under the Act of 1820 as well as warrants issued by the General Assembly to trustees and commissioners overseeing educational institutions, building roads, or constructing brides. Again, read the warrant to determine why it was authorized.
West of Tennessee River Military Claims
In 1818, land west of the Tennessee River, now known as the Jackson Purchase, was ceded to the United States by the Chickasaw Indians. There were, at that time, numerous Revolutionary War veterans who had settled in the area, undoubtedly to assist George Rogers Clark at Fort Jefferson in the protection of the Northwest frontier. In 1820, the Kentucky General Assembly passed legislation directly affecting the newly acquired territory. Veterans were advised to apply for patents on their lands as soon as possible, and 4000 acres of land were donated by the Commonwealth for the establishment of a town near the Iron Banks for "the benefit of the soldiers." Soldiers' patents in the Jackson Purchase may be researched by studying the "West of Tennessee River Military Claims," a group of 242 patents. If you have been unable to locate your soldier in the Virginia or Old Kentucky Series, we suggest you study this grouping before deciding he did not use his warrant.
West of Tennessee River Series (Non-Military)
Also in 1820, the Kentucky General Assembly passed legislation mandating the mapping of the Jackson Purchase into townships and sections following federal surveying guidelines. An act authorizing the printing and publishing of William Henderson's map was also passed by the Legislature. In 1821, lands which were not patented by the veterans were ordered sold at public auction if a minimum state price was met. Sales were to be hold in Princeton and later in Waidsborough. Documents available for researching this series of 9308 patents include the receipt showing amount paid and the grant finalizing the patent. It is also possible to plat the exact location of the patent using the 1885 Loughridge map of the Jackson Purchase.
South of Walker's Line Series
Due to surveying error, the Kentucky Land Office became responsible for patenting lands in a small northern area of Tennessee north of the parallel 36 degrees and 30 minutes. The series includes 4327 patents issued by Kentucky for lands in Tennessee.
County Court Order Series
All series of land patents were combined into one by the 1835 Act of the General Assembly establishing the county Court Order system. Under this series, counties sold warrants for unappropriated land within their boundaries at the rate of $5 per 100 acres. Later legislation set the maximum acreage at 200 acres per warrant. Under the authorization of the warrant (or order), the county surveyor completes the survey description and plat drawing. The warrant and survey, along with affidavits declaring the land to be unappropriated to the "best knowledge of the surveyor and applicant," are then sent to Frankfort where the grant is issued. This series of over 70,000 land patents is the last to be researched, laminated, and microfilmed by the Kentucky Historical Society under a contract with the Land Office. The index for this grouping is also being computerized; this will provide access not only to survey and grant name, but also watercourse, time period, and county. A separate Warrants Index will list how the county warrants were used; this is particularly helpful when warrants are divided and used in several patents.
(Continued...Part 3:Key Points to Remember in Land Patenting)
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