JOHN JOHNSTON LAND CLAIM
CASE # 44
Claim--Of four hundred acres, by virtue of a Spanish warrant of survey, under the second section of the act.
The claimant presented his claim, together with a surveyor's plot of the land claimed, in the words and figures following, to wit:
To the Commisssioners appointed in pursuance of the act of Congress passed the 3d day of March, 1803, for receiving and adjusting the claims to lands south of the Tennessee, and east of Pearl river.
March 20, 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 on said river at a pine; thence, south, forty-seven degrees west, one hundred and twenty-six chains forty-nine links, to a corner pine; thence, north, forty-three degrees west, thirty-one chains, to a corner stake; thence, north, forty-seven degrees east, one hundred and twenty-six chains forty nine links, to a corner red oak; thence, down the meanders of the river, to the beginning; containg four hundred acres, and hath such forms and marks, both natural and artificial, as are fully represented in the plot annexed: is calimed by John Johnson, in and by virtue of a Spanish warrant of survey; and is now exhibited to the Register of the Land Office established east of Pearls 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.
John Hinson for
John Johnson
Surveyed for John Johnson four hundred acres of land. Chain carriers, James Bilbo and Joseph Lawrence.
Thomas Bilbo
March 21, 1803
The claimant exhibited a Spanish warrant of survey in the following words and figures, to wit:
St Stephen's, May 11, 1795
His Excellency the Governor General:
John Johnson, inhabitant in the jurisdiction of St Stephen's, with the greatest respect due to your excellency, represents and lays before your excellency, and says, that he is established on a tract of land, about eighteen leagues distance form this fort, containing ten acres front, with its customary profounder, or back, bounded the south by Moses Moor, and on the north by William Powell, and, until this present, has no other proprietor but the one who has possession; but, not being legal, begs your excellency to grant him the above petition, with papers necessary from the secretary of Government, which may correspond with the grant: for which favor from you excellency he will be forever thankful.
John Johnson
St Stephen's May 11, 1795
His Excellency the Governor General:
By the best information from the inhabitans of this post, that the land the above petitioner solicits is King's commons, therefore cannot cause any prejudice to neighbors, your excellency may dispose as it may seem best.
Antonio Palao
New Orleans, June 10, 1795
The Surveyor General of this province, or some other individual named by him for that business, shall establish that part of land of ten acres front, with its forty acres back, as customary, in the profounder, without causing prejudice to neighbors, as the land proves vacant, at the same place mentioned in the above petition, with the precise conditions of making the road and clearing regularly, in the peremptory space of one year; and if at the precise space of three years the land is not settled, during which period it cannot be alienated, this grant to remain null; under which supposition, the business of settling the limits will be carried on in the tract, and remitted me, to provide the interested party with titles in form.
The Baron of Carondelet
St Stephen's, September 15, 1795
Certifieth the above is a true copy of the original that remains in this office under my charge.
Fernando Lisore
The above is a true copy of the Spanish grant.
Thom Price
The above ws compared exact with the original in this office under my charge.
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 or writing hereto annexed.
Thom Price
Subscribed and sworn before the Board, March 21, 1804------Attest: David Parmelee 2d, clerk
Entered in record of claims by Edw. Lloyd Wailes, for, Joseph Chambers, Register
James Bilbo and Joseph Lawrence came before me, and made oath that, as chain bearers for Thomas Bilbo, surveyor, in surveying a tract of land for John Johnson, they gave a true account of the admeasurement, to the best of their knowledge.
James Caller J. P.
March 21, 1804
The Board ordered that the case be postponed for consideration.
Thursday, March 22, 1804
James Powel and Daniel Johnson were produced as witnesses, and, being duly sworn and interrogated the Board, they both testified that they had no interest in the establishment of this claim; that, in the year 1794, John Johnson, the present claimant, lived on and cultivated the land by him now claimed; that he had continued to live on and cultivate the same until the present time; and that he was at that time of full age and the head of a family.
The Board ordered that the case be postponed for consideration.
Tuesday, May 29, 1804
On due consideration, theBoard is of opinion that this claim is supported agreeably, to the requirements of law, and the claimant is entitled to a patent for four hundred acres of land, to be located as follows, to wit:
Beginning on the west margin of the Tombigbee river, at an oak, being the upper corner of Moses Moore's Spanish warrant, claimed by his representative, Ann Lawrence; thence, up the margin of said river thirty-one chains seventy-five links; thence, south, seventeen degrees east, so far that a line therefrom to the southwest corner of said Ann Lawrence's land, and from thence, with her line north, seventeen degrees west, to the place of beginning, shall include four hundred acres: Provided, neverthless, That the said claimant first obtain before a court of competent jurisdiction, a judicial decision in his favor against the advers claim, by virtur of a grant from the British Government of West Florida, to William Fradgley, bearing date the 13th day of march, 1776. And the Board doth order that a certificate be granted to him accordingly.