Mrs. Sarah O. Hawkins Confederate Scrip Texas School Lands - The survey history and disposition of an 1881 scrip file. Presented by: William E. (Bill) Merten, RPLS, LSLS and Michael Hoover, RPLS, LSLS, CFM
COURSE PRESENTERS William E. (Bill) Merten, RPLS, LSLS Cobb, Fendley & Associates Michael Hoover, RPLS, LSLS, CFM McKim and Creed Mr. Merten has 37 years of experience in land surveying, over 29 years as an RPLS and 18 years as a Licensed State Land Surveyor in Texas. He has been registered in multiple states and is a recognized expert with state land surveys and coastal boundaries. Mr. Merten began his career in the Ozark Mountains of south central Missouri performing large farm boundaries and government retracement surveys. In the late 1980 s, Mr. Merten relocated to the Clear Lake area of Houston where he remains today. He Joined Cobb Fendley & Associates in 2007 as a Senior Project Surveyor and is located in the Pearland Texas office. He has been active with the TSPS for many years and is a past President of Gulf Coast Chapter 9. In March, 2013, Mr. Merten was Appointed by Governor Rick Perry as an LSLS member of the Texas Board of Professional Land Surveying and is currently serving as chairman to the Legislative Needs Committee. Mr. Hoover has been surveying the lands of the greater Houston area since 1987, covering a span of over 25 years. In addition to being a Registered Professional Land Surveyor, he is also a Licensed State Land Surveyor and a Certified Floodplain Manager. He chaired the 2010 TSPS State Convention in Houston and is a member of the Land Surveying Advisory Committee to Lone Star College Montgomery. Focusing primarily on boundary and boundary related issues, Mr. Hoover recently joined the firm of McKim and Creed as Senior Geomatics Manager in Houston. He has been active with the TSPS for many years and is a past President of Gulf Coast Chapter 9. He is a frequent contributor to the Texas Surveyor, the TSPS bi-monthly magazine, and past editor of the Journal of the Gulf Coast Surveyor. Mr. Hoover is a United States Navy veteran and is married with 3 grown children, 3 Grandchildren and 2 dogs. In his limited spare time he Enjoys working in the yard and playing his guitar. Pg. i
SEMINAR OUTLINE 1. Introduction 2. General Land Office a. Contents of the GLO - general b. County Maps and Retired County Maps c. Map Repository contents d. Survey files 3. Working Sketch a. Intro b. Initial surveys c. First patented surveys d. Junior Senior discussion e. The four surveys f. The final surveys g. Results discussion 4. Retracement Survey a. Field Work Methodology b. Field evidence c. Results discussion 5. Boundary Analysis and Construction a. Analysis discussion b. Construction discussion 6. Final Survey Documentation a. Field Notes b. Plat c. Surveyors Report 7. Conclusion Pg. ii
WILLIAM STINDE SURVEY Pg. 1
CURRENT GLO HARRIS COUNTY MAP Pg. 2
CURRENT GLO HARRIS COUNTY MAP Pg. 3
PRIMARY RESEARCH SOURCES County Surveyors Records County Deed and Map Records City Survey Records Local Title Companies and Plants Local Surveyors Texas General Land Office GLO LAND GRANT FILES Headright Grants Empresario Colonies in the Republic of Texas Military Land Grants Loan and Sales Scrip Internal improvements Scrip School Land Pg. 4
GLO LAND GRANT FILES Headright Grants - Headright grants were issued to individuals by Boards of Land Commissioners in each county. First Class Headright - Issued to those who arrived before March 2, 1836. Heads of families received one league (4,428 acres) and one labor (177.1 acres), while single men received 1/3 league (1,476.1 acres). Second Class Headright - Issued to those who arrived between March 2, 1836 and October 1, 1837. Heads of families received 1,280 acres, while single men received 640 acres. Third Class Headright - Issued to those who arrived between October 1, 1837 and January 1, 1840. Heads of families received 640 acres, while single men received 320 acres. Fourth Class Headright - Issued to those who arrived between January 1, 1840 and January 1, 1842. The amounts issued were the same as for third class headrights, plus the requirement of cultivation of 10 acres. Pre-Emption Grant - Similar to the headright grants, pre-emption grants were made after statehood. From 1845 to 1854 homesteaders could claim 320 acres. From 1854 to 1856, and 1866 to 1898, up to 160 acres could be claimed. Homesteaders were required to live on the land for three years and make improvements (such as building a barn) in order to qualify for a pre-emption grant of 160 acres. Empresario Colonies in the Republic of Texas Four colonies were established under contracts with the Republic of Texas: Peters' Colony (1841), Fisher and Miller's Colony (1842), Castro's Colony (1842) and Mercer's Colony (1844). Heads of families were eligible for land grants of 640 acres while single men were eligible for 320 acres. Settlers were required to cultivate at least fifteen acres in order to receive the patent. Pg. 5
GLO LAND GRANT FILES Military Land Grants Bounty Grants - Grants for military service during the Texas Revolution. For each three months of service provided 320 acres up to a maximum of 1,280 acres. Grants for guarding the frontier (1838-1842) soldiers were issued certificates for 240 acres. Donation Grants - Grants were issued for participation in specific battles of the revolution. Soldiers who fought in the Siege of Bexar and the battle of San Jacinto (including the baggage detail at Harrisburg), and the heirs of those who fell at the Alamo and Goliad were eligible for 640 acres. Military Headright Grant - Special headrights of one league were provided by the Republic of Texas to: 1. soldiers who arrived in Texas between March 2 and August 1, 1836. 2. the heirs of soldiers who fell with Fannin, Travis, Grant and Johnson. 3. soldiers permanently disabled Republic Veterans Donation Grants - A grant was provided to veterans of the Texas Revolution and signers of the Declaration of Independence. The veteran was required to have received a bounty grant or to be eligible for one. A donation law in 1879 provided 640 acres and required proof of indigence. A donation law passed in 1881 provided 1,280 acres and dropped the indigency requirement. This grant was repealed in 1887. Confederate Scrip - Certificates for 1280 acres were provided to confederate soldiers who were permanently disabled or to the widows of confederate soldiers. Passed in 1881, it was repealed in 1883 with 2,068 certificates issued. Loan And Sales Scrip - Loan scrip was a land certificate issued to provide for or repay loans made to the government of Texas. Sales scrip was a land certificate directly sold to raise money for Texas. Bryan Scrip - Land scrip was issued to William Bryan equal to the amount of debts owed to him. Sam Houston Scrip - The president (Sam Houston) was authorized to sell land scrip at a minimum of $0.50 per acre to raise money for purchasing ammunition and munitions of war. Toby Scrip - The president was authorized to issue scrip to the amount of five hundred thousand acres of land, sold by Thomas Toby at a minimum of $0.50 per acre to raise funds. White Scrip - David White was authorized as an agent of Texas to sell land scrip at a minimum rate of $0.50 per acre for the benefit of the government. James Erwin Scrip - On January 20, 1836, Stephen F. Austin, Branch T. Archer and William Warton contracted with James Erwin and others in New Orleans for a loan of $50,000. First Loan Scrip - The president of the Republic was authorized to issue land scrip to the stockholders as payment for the first loan to the stockholders in the first loan (for $200,000). Funded Debt Scrip - Any holder of promissory notes, bonds or funded debt against the government could receive in lieu thereof, land scrip." The scrip was issued at a rate equal to $2.00 per acre. Pg. 6
GLO LAND GRANT FILES Internal Improvement Scrip Central National Road - Under a law passed in 1844, various amounts were issued to road commissioners, surveyors and contractors for building a road from the Red River to the Trinity River in what is now Dallas. Certificates were issued for 27,716 acres. Scrip for Building Steamboats, Steamships and Other Vessels - Certificates for 320 acres were issued for building a vessel of at least 50 tons, with 320 acres for each additional 25 tons. Railroad Scrip - Several laws were passed beginning in 1854. Generally an amount of land was offered for each mile of rail constructed. The Constitution of 1876 provided 16 sections per mile. Railroads were required to survey an equal amount of land for the public school fund. Industry Scrip - For building factories. 320 acres were offered for each $1,000 valuation. 1863 law. Certificates were issued for 111,360 acres. Navigation Scrip - Sections of land were provided based on the class of ditch as specified by acts passed in 1874, 1875 and 1876. Certificates were issued for 584,000 acres. All legislation authorizing internal improvement scrip was repealed in 1882. Irrigation Canal Scrip - Several acts were passed beginning in 1854 for building ship channels, and improving rivers and harbors for navigation. Certificates were issued for various amounts of land for each mile completed. School Land Sale of the school lands began in 1874. Until 1905, the price, amount of land available, method of purchase, and eligibility requirements varied greatly. Legislation passed in 1905 required that the school lands be sold through competitive bidding. Purchasers could buy a maximum of 4 sections with residence required in most counties, or 8 sections with no residence required in other designated (western) counties. The End of the Unappropriated Public Domain In Hogue v. Baker, 1898, the Texas Supreme Court declared that there was no more vacant and unappropriated land in Texas. As a result of the decision, a complete audit was ordered by the Legislature. The audit determined that the public school fund was short of the amount of land it should have had by 5,009,478 acres. In 1900 an act was passed "to define the permanent school fund of the State of Texas, to partition the public lands between said fund and the State, and to adjust the account between said fund and said state; to set apart and appropriate to said school fund, the residue of the public domain..." Thus, all of the remaining unappropriated land was set aside by the legislature for the school fund. Pg. 7
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CERTIFICATE NO. 777 SARAH O. HAWKINS Pg. 10
ACT OF APRIL 9, 1881 9 G.L. 214 Pg. 11
VACANT AREA CIRCA 1892 Pg. 12
SARAH O. HAWKINS GLO FILE S-278, PG. 1 Pg. 13
SARAH O. HAWKINS GLO FILE S-278, PG. 2 Pg. 14
SARAH O. HAWKINS SURVEY Beginning at a stake in the prairie on the South line of The Blas Herrera Survey 68 vs west from its S.E. Corner. Thence West with the south line of the said Herrera Survey 1705 vs to a stake the N.E. corner of the G. Wilgus Survey.. Thence South 561 to a stake in the north line of the Wm. J. Lovett Survey Thence East with same and the north lines of the W.B. Walker and F.J. Rothaas Surveys 1539 vs to stake the N.E. corner of the said Rothaas Survey Thence South with the East line of same 569 vs to a stake the N.W. corner of the Joseph Hall Survey Thence East with north line of same 166 vs to a stake the S.W. Corner of the S.J. Williams Survey Thence North with the west line of same 1130 vs to the place of beginning Pg. 15
SARAH O. HAWKINS SURVEY Pg. 16
SARAH O. WILLIAMS GLO FILE S-279, PG. 1 Pg. 17
SARAH O. WILLIAMS GLO FILE S-279, PG. 2 Pg. 18
WILLIAM STINDE GLO FILE 42034 Pg. 19
W. A. ARNOLD GLO FILE 42035 Pg. 20
W. A. ARNOLD SKETCH GLO FILE 42035 Pg. 21
W. A. ARNOLD SKETCH GLO FILE 42035 Pg. 22
GLO WORKING SKETCH HARRIS FILE NO. 105 Pg. 23
FANNIE W. HAWKINS GLO FILE 138566 Pg. 24
WILLIAM A. WHEELDON GLO FILE 112688 Pg. 25
CHARLES MENDELSOHN GLO FILE 123714 Pg. 26
MENDELSOHN S SKETCH GLO FILE 42035 Pg. 27
MENDELSOHN S SKETCH DETAIL Pg. 28
ALBERT E. CORDIER GLO FILE 126970 Pg. 29
CORDIER S SKETCH GLO FILE 126970 Pg. 30
CORDIER S SKETCH DETAIL Pg. 31
JOSEPHINE EDMONDS GLO FILE 127737 Pg. 32
EDMONDS SKETCH DETAIL Pg. 33
W. T. McNEEL GLO FILE 132787 Pg. 34
W. T. McNEEL GLO FILE 35795 Pg. 35
McNEEL S SKETCH GLO FILE 35795 Pg. 36
McNEEL S SKETCH DETAIL Pg. 37
SURVEYOR S AFFIDAVIT GLO FILE 35795 Pg. 38
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William E. (Bill) Merten, RPLS, LSLS Cobb Fendley & Associates Inc. 1506 E. Broadway, Suite 201 Pearland, Texas 77581 (281) 993-4952 Michael Hoover, RPLS, LSLS, CFM McKim & Creed 9960 West Sam Houston Parkway South Suite 200 Houston, Texas 77099 (713) 960-4322 This course should not be construed as the only source of information on this subject. The presenters have made their best effort to research and compile information based upon reliable sources. Pg. 40