JAMES DENLEY'S LAND CLAIM
CASE # 58

Claim--Of two hundred and eighty acres, as assignee and legal representative of Solomon Johnson, by virtue of a Spanish warrant of survey, under the first section of the act.

The claimant exhibited his claim, together with a surveyor's plot of the land claimed, 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 lands south of Tennesse and east of Pearl river.

March 21, 1804

Please to take notice, that the following tract of land, siturated in the county of Washington, butting and bounding on the est side by the Sunflower creek and lands surveyed for Hiram Mounger, and on the south side by Hargrave's claim, and on the west by Morgan's claim, and hath such forms and marks, both natural and artificial, as are fully represented in the plot annexed, containg two hundred and eighty acres: is claimed by James Denley, legal representative of Solomon Johnson, in and by virtue of a Spanish warrant of survey, bearing date the 10th day of June, 1795; 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.

James Denley

Surveyed the 24th of February, 1804, by Robert Ligon.

In support of this claim a Spanish warrant was produced, in the following words and figures, viz.:

His Escellency the Governor General:

St Stephen's May 11, 1795

Solomon Johnson, inhabitant of the district of St Stephen's with the greatest respect to your excellency, represents and says, that he has been established these four years on a tract of land, in distance about six leagues below Fort St Stephen's on Mobile side, containing seven acres front, with the profounder, as customary, limited on one side by James Donnelly, and on the north side by John Brewer; and, as it has no proprietor, prays your excellency to grant him the said land, with papers of titles from the Secretary of the Government, which may correspond with the concession in form; for which favor he will be forever thankful.

Soloman Johnson

His Excellency the Governor General:

By information from the inhabitants of this pot, the petitioner solicits is vacant, and King's commons; and not causing prejudice to any neighbors, your excellency may despose of it as may seem best.

Antonio Palao

New Orleans, June 10, 1795

The Surveyor General of this province, or any individual named by him, shall establish this individual on that part of seven acres of land front, with the profounder back as customary, of forty, at the same place the abovbe petitioner solicits, as it is vacant, not causing prejudice to any neighbor, with the precise conditions of making the road and clearing regularly in peremptory space of one year; and if at the precise space of three years the land is not settled, after which period it cannot be established, this grant to remain null; under which supposition, the business of settling the limits well be carried on in the tract, and remitted me to provide the interestd party with titles in form.

The Baron of Carondelet

Certifies the above to be a copy of the original existing in the archives under my charge.

Fernando Lesore

The above is a copy of  the Spanish grant.

Thomas Price

The above was compared exact with the original in this office under my charge, by me,

Joaqn. De Osorno

I, Thomas Price, of the post of Mobile, English interpreter for His Majesty the King of Spain, do solemnly swear by the Almighty God, and by the Holy Cross, that this is a true and faithful translation of the Spanish grant hereto annexed.

Thomas Price

Subscribed and sworn before the Board, March 21, 1804.--Attest: David Parmelee 2d, Clerk

On the back of the said Spanish warrant of survey is an endorsement in the following words and figures, to wit:

Fort Stoddert, March 20, 1804

I hereby assign all my right, title, and interest, of the within Spanish warrant of survey to James Denley, for value received.

Test: Edward Lloyd Wailes

John Brewer

The Board orderd that the case be postponed for consideration.

Hiram Mounger and Ephraim Barker were produced as witnesses, and being duly sworn and interrogated by the Board, they deposed, that they had no interest whatever in this claim; that, in the year 1795, the land in question was cultivated by Solomon Johnson, or for his use; that he was then a resident in this county; and that they fully believe, from his appearance, that he was at that time more than twenty one years of age.

Robert Ligon, surveyor, was produced as a witness, and, being duly sworn, deposed, that he surveyed the land then in question, and made the plot then exhibited to the Board, which gave a correct view of the land in question, and had marks, natural and artificial, as were in that plot represented, and that he did not know of any interfering lines.

The Board ordered that the case be postponed for consideration.

On due consideration, the Board is of opinion that this claim is supported agreeably to the requirements of law, and that the claimant is entitled to a patent for eight hundred acres of land, to be located as follows, to wit:

Beginning on the margin of Tombigbee river, at the lower corner of Nicholas Perkins's two hundred acre tract, claimed under Daniel Johnson's Spanish warrant; thence, with the line of said Perkins, south, twenty degrees west, to the said Perkins's southeast corner; therefrom, north, twenty degrees east, to the margin of said river, and thence up the same to the place of beginning, shall include four hundred acres.  And the Board doth order that a certificate be granted to him accordingly.

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