NICHOLAS PERKINS LAND CLAIM
CASE NO 60
Claim--Of two hundred acres, as assignee and legal representative of Daniel Johnson, by virtue of a Spanish warrant of survey, under the first section of the act.
The claimant presented 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 the claims to lands south of Tennessee, and east of Pearl river.
Please to take notice, that the following tract of land, situated on the west side of Tombigbee, in the county of Washington, beginning at a stake on the river, and runs south, twenty degrees west, one hundred and twenty two chains, on Wheat's line, to his stake corner; thence, south, seventy degrees, east, fifteen chains and seventy-five links, to a sweet hum corner; thence, north, twenty degrees east, one hundred and forty-one chains, to Tombigbee; thence, with the river to the beginning; containing two hundred acres, having such shape, forms, and marks, natural and artificial, as are represented in the plot annexed: is claimed by Nicholas Perkins, legal representative of Daniel Johnson, in and by virtue of a Spanish warrant of survey, and is now exhibited to the Register of the Land Office 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.
Legal Representative of Daniel Johnson
Surveyed by William Gilliam.
A Spanish warrant of survey was exhibited in the following words and figures, to wit:
To His Excellency Estevan Miro, Colonel of the royal armies, civil and military, Governor of the city and provice of Louisiana, &c.
Daniel Johnson, inhabitant in the jurisdiction of Mobile, with the most profound respect, says to your excellency, that there is five acres of land on the river of Tombigbee, formerly belonging to Mr McGillivray, named Sunflower, situated on the east side of a tract of land belonging to Thomas Wheat, and on the west side of James Denley's tract of land; the which land was abandoned in the year eighty, and has not been reclaimed by the proprietor, nor by his agent: in consideration whereof, your excellency will be pleased to grant him said acres, running back as usual, ordering that the necessary titles may be delived through the Government's Secretary's Office. he humbly petitions you may grant his request, in which he will receive a favor.
Mobile, October 9, 1787
Don Vicent Folch, captain of the fixed regiment of Louisiana, civil and military commandent of the place of Mobile and its district, certifies that the land petitioned for as above, is found vacant, according to information taken from inhabitants who could have knowledge of this circumstance.
New Orleans, October 22, 1787
The surveyor of this province, Don Carlos Laveau Trudean, will settle the petitioner on the five acres of land for which he petitioned, running back as usual forty acres, in the place mentioned in the preceding memorial, it being vacant, and not causing any injury, with the precise conditions of making the road and proper clearing, in the precise space of one year; this concession to be null, if, at the precise expiration of three, the land may not be found settled; under which position the survey shall be made, remitting it to me, to provide to the interested titles in form.
Mobile, March 17, 1804
I do hereby certify that the above is a faithful and true translation rendered from the original copy in the Spanish language that remains in these archives.
Joaquin 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.
Subscribed and sworn to before the Board, march 21st, 1804---Attest: David Parmelee 2d, Clerk
Entered in the record of claims, by Edward Lloyd Wailes, for Joseph Chambers, Register
The claimant exhibited a deed of conveance from Daniel Johnson, bearing date 17th August, 1801, duly executed, assigning and conveying to Solomon Johnson, his heirs, &c. all the said Daniel's right and title to said tract of land, and the improvements made thereon: also, a deed of conveyance from the said Solomon, bearing date 21st May, 1803, duly executed, releasing and conveying to William H Hargrave all the said Solomon's right and title to said premises; also, a deed of conveyance from the said Hargrave, dated the 1st day of September, 1803, duly executed, releasing and conveying to the said tract of land and improvements thereon made.
The Board ordered that the case be postponed for consideration.
Wednesday, March 28, 1804
James Denley, John Denley, and William H Hargarve, were presented as witnesses, and, being duly sworn and interrogated by the Board, they all deposed, taht they had no interest in this claim.
The said James testified, that Daniel Johnson, in whose right the present claimant appears, deceased about two years before; that he would then have been (if living) upwards of seventy years of age; that he resided in this county in the year 1795, and until the time of his death; that the land in question was, some part of it, under cultivation in the year 1795; but could not say that it was by Daniel Johnson.
The said John testified that he could not say, with positive certainty, as to the precise time, but knew that, about year 1795, the land in question was cultivated by the son of Daniel Johnson, deceased; that, before the year 1795, and in that year, and until his deasth, the said Daniel Johnson did reside in this county, not far from this land, and that he was an aged man at the time of his death.
The said Hargrave testified, that the deed of conveyance, dated the 21st day of September, 1803, under his signature, then before the Board, by which he conveyed all his right to Nicholas Perkins, Esq., the present claimant, was his free act and deed, and was by him executed and delivered for the purposes therein mentioned.
William Gilliam, surveyor, Hiram Mounger, and John Brewer, were produced as winesses, and, being duly sworn, the said Gilliam deposed, that, on the 21st of May, 1800, he saw Solomon Johnson execute and deliver a deed to William H Hargrave, conveying the landsnow in question: that he was called and subscribed as a witness; and that he saw Samuel Long also subscribe as a witness to the same instrument; that, upon inspection of the deed of Solomon Johnson, then exhibited in evidence before the Board, he was satisfied that it was the same original instrument to which he subscribed as a witness; that he surveyed, and made the plot then before the Board; that it was correctly made, according to the best of his knowledge and belief; that a small portion of one line could not be measured, by reason of high water, and was laid down by conjecture.
The said Brewer and Mounger both testified, that, from the year 1791, until within three years past, the land in question has been cultivated by Daniel Johnson, deceased, or for his use.
The Board orderd that the case be postponed for consideration.
Saturday March 26, 1804
On due consideration, the Board is of the opinion that this claim is supported agreeably to the requirements of law, and that the claimant is entitled to to a patent for two hundred acres of land, to be located as follows, to wit:
Beginning on the margin of the Tombigbee river, at the lower corner of said Perkins's three hundred and six acre tract, claimed under Thomas Wheat's Spanish warrant; thence, with the line of said tract to the southeast corner thereof; thence, south, seventy degrees east so far, that a line therefrom, north, twenty degrees east, to the margin of said river, and thence, up the same to the place of beginning, shall include two hundred acres.