(Utah). Probate Court Land Title Certificates, 1851-1895
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Salt Lake County (Utah). Probate Court Land Title Certificates, 1851-1895 Series #PC-001 Processed by: Ronda Frazier Date Completed: February, 2009 Salt Lake County Records Management & Archives 4505 South 5600 West West Valley City, Utah 84120 E-mail: [email protected] Salt Lake County (Utah). Probate Court. Land Title Certificates. Series #PC-001 Overview of Records Creator: Salt Lake County Probate Court Title: Land Title Certificates Dates: 1851-1895 (bulk 1871-1873) Series Number: PC-001 Quantity: 46 boxes (45 Manu Legal, 1 Manu Half), 20.5 cubic ft. Abstract: Certificates of Land Title issued to Utah settlers, by the Probate Court of Salt Lake County, establishing legal title to their land under an Act of Congress entitled, “An Act for the relief of the Inhabitants of Cities and Towns upon the Public Lands, approved March 2, 1867.” Agency History The Probate Court was established with the creation of Utah as a territory in 1851. Federal law gave territorial probate courts the power to deal with matters of estates of deceased persons and the guardianship of the estates of minors and the incompetent. In 1852, the Territorial Legislature gave the Probate Court jurisdiction over civil, criminal, and chancery matters. The court could also act as an appellant court to the Justice of the Peace Courts within the county, and all Probate Court proceedings could be appealed to the District Court. Estate cases handled by the Court included probate and guardianship matters. These included adoptions after the legislature first made provisions for adoption as a legal process in 1884. Civil cases included primarily divorce, debt, replevin, damages, delinquent tax collections, contract and property disputes, and evictions. Criminal cases included murder, larceny, rape, robbery, assault, burglary, and contempt of court charges. The Court also recorded incorporations and disincorporations. Land title claims and hearings were handled by the Probate Court under a process established by the Legislature in 1869. In 1874, the federal Poland Act revoked the jurisdiction of the Probate Court over all but divorce and probate cases. In 1887, the federal Edmunds-Tucker act revoked Probate Court jurisdiction in divorce cases. The Probate Court consisted of the Probate Judge and the Clerk of the Probate Court. The Probate Judge was elected by the Territorial Legislature and commissioned by the Governor until 1874 when the judge was publicly elected to a two-year term. In the case of a vacancy, the governor could appoint a judge until the legislature met and elected someone. In 1888, the federal Edmunds-Tucker Act made the office subject to appointment by the President of the United States. Prior to 1880, the clerk was appointed by the Probate Judge, but in 1880 the County Clerk was made an elected position with a two- year term. 2 Salt Lake County (Utah). Probate Court. Land Title Certificates. Series #PC-001 In 1896, with statehood, the Probate Court was abolished. (From Agency History #959, Utah State Archives) Probate Judges: Elias Smith, 1852-1884 Elias Asahel Smith, 1884-1889 John A. Marshall, 1889 George W. Bartch, 1889-1893 Jacob B. Blair, 1894-1895 History of Land Ownership in Utah During the 19th century the federal government pursued a policy of transferring land in the public domain to private ownership as rapidly as possible. This policy was designed to encourage western expansion. Federal laws governing land distribution were already in place before Utah settlement. At settlement, Brigham Young and the territorial government established a system of land distribution, which is documented by territorial land records, but which did not comply with federal laws. For the first 22 years after settlement, land ownership was based on Utah territorial land policies. The Utah Territorial Assembly governed land ownership in Utah and established methods of surveying and acquiring title. These practices and the documents they created were recognized in Utah Territory, but did not provide Utah settlers with federally recognized legal title to land. Reconciliation between the territorial and federal land distribution systems required Congressional legislation to establish a land office in Salt Lake City, integrate Utah Territory into the national land system, and provide relief to the inhabitants of cities and towns on the public domain. The federal government opened a land office in Salt Lake City on March 9, 1869. Relief for the Inhabitants of Cities and Towns Prior to opening the land office, Congress addressed the issue of providing legal title to the owners of town lots in already surveyed towns. In March 1867 Congress passed an “Act for the relief for the inhabitants of cities and towns on the public domain.” This act provided that a mayor (for incorporated towns) or the county probate judge (for unincorporated towns) should enter town site lands at the land office and purchase them for the benefit of all inhabitants. Congress further specified that the territorial legislature should prescribe rules by which these lots would be disposed to individuals. Pursuant to this law, the Utah Territorial Legislature established regulations for disposing of town site lands. Within 30 days after making the entry, the judge or mayor was to give public notice and advertise the land he had entered. Every person, association, or corporation claiming to be a rightful owner of any part of this land was required within six months to present a claim to the probate court. In cases of adverse claims, the probate judge was required to “decide according to justice in the case,” and when claims were undisputed, to determine the validity of the claim. The probate judge or mayor was then required to issue a certificate authorizing a deed to be recorded. Excerpts taken from Utah State Archives’ Research Guide:“Original Land Titles in Utah Territory.” See http://archives.utah.gov/research/guides/land-original-title.htm for complete text of this guide. 3 Salt Lake County (Utah). Probate Court. Land Title Certificates. Series #PC-001 Scope and Content Note The Land Title Certificates series, 1851-1895 (bulk 1871-1873), contains documents relating to the federally recognized distribution of land in Salt Lake County under an Act of Congress entitled, “An Act for the relief of the Inhabitants of Cities and Towns upon the Public Lands, approved March 2, 1867.” Sub-series I, Land Title Certificates and Supporting Documents, contains land title certificates issued to Utah settlers by the Probate Court of Salt Lake County establishing legal title to their land. It also contains supporting documents related to each claim. This sub-series is arranged alphabetically by landowner name (spelling of names is based on the signature on the application) then by plat, block, and lot. Folders may contain some or all of the following documents: the application or declaratory statement of claimant; applications of adverse claimants; notices to parties to appear before the Probate Court; affidavits and depositions; court orders; the written judgment of the Probate Judge; Certificate of Land Title; single entry adjudication notes; and occasionally other supporting documents such as divorce decrees, tax notices, deeds, and receipts. Sub-series II, Applications/Declaratory Statements without Certificates/Judgments to Document Ownership, contains applications and declaratory statements found without a certificate of land title or a written judgment to prove ownership. Folders are arranged alphabetically by claimant. Sub-series III, Adjudication Lists, contains handwritten lists of adjudications arranged in chronological order and sub-series IV contains miscellaneous documents. Notes: There are two numbers listed on the bottom, left-hand corner of the land title certificate. The top number is the certificate number while the bottom number is the statement number found on the application or declaratory statement, notice to appear, and within the written judgment. The statement number is also used to find the entries in the Land Claim Record Books. Cross references found in the container list are used for people who are included as a second name on a certificate (when filed under the first person’s name) or for those who have withdrawn their application and/or signed the property over in favor of someone else. They also reference heirs, widows, and any name changes occurring during the process. Included in the finding aid is a second listing of property owners sorted geographically by plat, then by block, then by individual lots. This enables the researcher to view ownership of each lot on a block. 4 Salt Lake County (Utah). Probate Court. Land Title Certificates. Series #PC-001 Administrative Information Access Restrictions: None Use Restrictions: None Preferred Citation: Certificate of Land Title to (name of land owner), Number (certificate number); Box (number), Folder (number); Land Title Certificates, 1851-1895; Salt Lake County Probate Court; Salt Lake County Records Management & Archives, West Valley City, Utah. Provenance: Transferred from the Utah State Archives in 2001. Related Records: Land Claim Record Books, Series PC-010 (10 reels of microfilm and the original nine volumes) Contains four volumes of recorded declaratory statements, three volumes of recorded certificates of adjudication, and Probate Court Docket A with Index to Docket A. Series Description Sub-series I. Land Title Certificates and Supporting Documents (Arranged alphabetically by landowner name) Sub-series II. Applications/Declaratory Statements without Certificates/Judgments to Document Ownership (Arranged alphabetically by claimant name) Sub-series III. Adjudication Lists (Arranged chronologically) Sub-series IV. Miscellaneous Documents 5 Salt Lake County (Utah). Probate Court. Land Title Certificates. Series #PC-001 Sub-series I. Land Title Certificates and Supporting Documents Name Lot(s) Block(s) Plat Cert. # Stmt. # Box Folder Adams, Barnabus L. (Estate) 1, 2, 3 & 4 12 B 518 665 1 1 Julia Ann Adams, Administrator Adams, Barnabus L. (Estate) 1 13 B 2298 2834 1 2 Joseph W. Young & Julia A. Adams, Administrators Adamson, Thomas 2 4 D 2355 2725 1 3 Adamson, Thomas 2 19 F 2403 2896 1 4 Adkins, George F.