DANIEL JOHNSTON LAND CLAIM
CASE NO 159
Daniel Johnson, representative of Daniel Spillard
Tuesday April 10, 1804
Claim---A donation of six hundred and forty acres, under the second section of the act.
The claimant presented his claim, together with a surveyor's plot of the land climed, in the following words and figures, to wit:
To the Commissioners appointed in pursuance of the act of Congress passed the 3d day of March, 1803, for receiving and adjusting claims to land south of Tennessee, and east of Pearl river.
March 30, 1804
Please to take notice, that the following tract of land, situated on the west side of Tombigbee river, in the county of Washington, beginning at a post oak, running south, seventy degrees west, fifty chains, to a stake; thence, south, twenty degrees east, one hundred and twenty eight chains, to a stake; thence, north, seventy degrees east, fifty chains, to a stake; thence, north twenty degrees west, one hundred and twenty-eight chains, to ghe beginning; and hath such forms and marks, both natural and artificial, as are fully represented in the plot annexed; containing six hundred and forty acres; is claimed by Daniel Johnston, legal representative of Daniel Spillard, in and by virture of the second section of this act, as a donation, and is now exhibited to the Register of the Land Office established east of Pearl river, to be recorded as directed by said act. To all which he begs leave to refer, as also to a copy of the plot herewith filed.
Daniel Johnston
Surveyed 29th March, 1804, by Daniel Johnston. Chain bearers, Amos Reed and William D C Phelps
The claimant exhibited two writings, in the following words and figures, to wit:
Know all men by these presents, That I, Archibald Reed, have bargained, sold, and delivered unto James Bilbo all my right, title, and claim of my improvement near Solomon Johnson, first improved by Daniel Shiler, for value received of him. Given under my hand, this 11th day of February, 1804.
Archibald Reed
Witness: William D Phelps
I endorse all my right and title of the above bill of sale to Daniel Johnston, for value received, of him: Witness my hand, this 25th March, 1804
James Bilbo
Witness, John Dease
Entered in record of claims by Edward Lloyd Wailes for Joseph Chambers, Register.
John Dease, surveyor, was presented as a witness, and, being duly sworn, deposed, that he surveyed the land in question, but did not make the plot; that it was made by another person from his field notes, and that he believed it to be correct, and that it included the plantation and improvements of the claimant; that he knew of no interfering lines or claims, unless the north east corner might interferre in a small degree with the claim of Wiley Barker; that it might also interfere in a small degree with Copeland's claim on the southest corner.
The Board ordered that the case be postponed for consideration.
Thursday, May 31, 1804
On due consideration, the Board is of opinion, that this claim is not supported agreeably to the requirements of law, and the claimant is not entitled to a patent for the land by him claimed, in manner and form aforesaid.