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The Samuel Smith Land Grants

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The Samuel Smith Land Grants Marshall University Marshall Digital Scholar Theses, Dissertations and Capstones 2005 The aS muel Smith land grants: a historical study of land ownership and use in southern West Virginia Stephen M. Porter Follow this and additional works at: http://mds.marshall.edu/etd Part of the History Commons, Other Geography Commons, and the Remote Sensing Commons Recommended Citation Porter, Stephen M., "The aS muel Smith land grants: a historical study of land ownership and use in southern West Virginia" (2005). Theses, Dissertations and Capstones. Paper 790. This Thesis is brought to you for free and open access by Marshall Digital Scholar. It has been accepted for inclusion in Theses, Dissertations and Capstones by an authorized administrator of Marshall Digital Scholar. For more information, please contact [email protected]. THE SAMUEL SMITH LAND GRANTS: A HISTORICAL STUDY OF LAND OWNERSHIP AND USE IN SOUTHERN WEST VIRGINIA Thesis submitted to The Graduate College of Marshall University In partial fulfillment of the Requirements for the degree of Master of Science Geography By Stephen M. Porter James Leonard, Ph. D., Committee Chairperson Sarah Brinegar, Ph. D. Committee Member Larry Jarrett, M.A. Committee Member Marshall University April 4, 2005 ABSTRACT “THE SAMUEL SMITH LAND GRANTS: AN HISTORICAL STUDY OF LAND OWNERSHIP AND LAND USE IN SOUTHERN WEST VIRGINIA” By Stephen M. Porter This study intends to illustrate the history of several tracts of land granted to General Samuel Smith, of Baltimore, Maryland by the state of Virginia in the years 1796 and 1797 containing, in totality, 300,000 acres (more or less). This research attempts to untangle some of the tangled web of ownership (both surface and mineral) that has affected this tract in particular and reflects the general trend of corporate land ownership in southern West Virginia. DEDICATION The author wishes to dedicate this work to my loving and very supportive wife and best friend, Bracken Ann (Bashaw) Porter and to my parents, Michael and Sandra Porter. iii ACKNOWLEDGMENTS The author wishes to thank the following individuals for their assistance with this work. By providing advice, suggestions for source material (or providing information), moral support or other bits of insight and suggestions you have been an enormous help. J. Bruce Hager, PS (Augusta Land Consultants, Inc.) Jaime Simmons (West Virginia Division of Culture and History) Cabell County Clerk’s Office – Staff Lincoln County Clerk’s Office – Staff Logan County Clerk’s Office – Staff Mingo County Clerk’s Office - Staff Putnam County Clerk’s Office – Staff Wayne County Clerk’s Office – Staff iv TABLE OF CONTENTS ABSTRACT .........................................................................................................................................ii DEDICATION................................................................................................................................... iii ACKNOWLEDGMENTS.................................................................................................................iv GLOSSERY OF TERMS.................................................................................................................vii MAPS....................................................................................................................................................x EXHIBITS..........................................................................................................................................xx EXHIBIT 1: THE SAMUEL SMITH 120,000 ACRE LAND GRANT (ISSUED JUNE 16, 1796) ................ XX EXHIBIT 2: THE SAMUEL SMITH 31,000 ACRE LAND GRANT (ISSUED JUNE 29, 1797) ................ XXII EXHIBIT 3: THE SAMUEL SMITH 33,000 ACRE LAND GRANT (ISSUED JUNE 29, 1797) ............... XXIII EXHIBIT 4: THE SAMUEL SMITH 31,000 ACRE LAND GRANT (ISSUED JUNE 29, 1797) ...............XXIV CHAPTER I.........................................................................................................................................1 INTRODUCTION...................................................................................................................................1 CHAPTER II .......................................................................................................................................2 REVIEW OF LITERATURE ....................................................................................................................2 METHODOLOGY .................................................................................................................................5 RESULTS.............................................................................................................................................7 CHAPTER III....................................................................................................................................10 EARLY HISTORY OF THE SAMUEL SMITH LAND GRANTS: 1600 – 1796..........................................10 CHAPTER IV....................................................................................................................................19 ORIGIN AND EARLY HISTORY OF THE SAMUEL SMITH LAND GRANTS: 1796 – 1850 .....................19 CHAPTER V .....................................................................................................................................32 EARLY HISTORY OF THE SAMUEL SMITH LAND GRANTS: 1850-1890 ............................................32 CHAPTER VI....................................................................................................................................43 HISTORY OF THE SAMUEL SMITH LAND GRANTS: 1890-PRESENT..................................................43 CHAPTER VII ..................................................................................................................................51 ECONOMIC CONSIDERATIONS ..........................................................................................................51 CHAPTER VIII.................................................................................................................................64 DISCUSSION OF THE D. G. COURTNEY – LINCOLN COUNTY LAND ASSOCIATION BOUNDARY DISPUTE ...........................................................................................................................................64 v CHAPTER IX....................................................................................................................................71 SUMMARY AND CONCLUSION ..........................................................................................................71 BIBLIOGRAPHY .............................................................................................................................72 JOURNAL ARTICLES ..........................................................................................................................72 REFERENCE WORKS.........................................................................................................................72 BOOKS..............................................................................................................................................73 MAPS................................................................................................................................................74 PUBLIC RECORDS .............................................................................................................................75 United States Supreme Court .....................................................................................................75 INTERNET RESOURCES .....................................................................................................................76 vi GLOSSERY OF TERMS All definitions are from Black’s Law Dictionary, Eighth Edition. Italicized text has been added for emphasis and clarity. Adverse Possession: 1. The use or enjoyment of real property with a claim of right when that use or enjoyment is continuous, exclusive, hostile, open and notorious 2. The doctrine by which title to real property is acquired as a result of such use or enjoyment over a specified period of time. Adverse Title: A. title acquired by adverse possession. Attorney-in-fact: Strictly, one who is designated to transact business for another; a legal agent. Clear Title: A title free from any encumbrances, burdens, or other limitations. Deed: 2. A written instrument by which land is conveyed. 3. At common law, any written instrument that is signed, sealed, and delivered and that conveys some interest in property. Severance: The removal of anything (such as crops or minerals) attached or affixed to real property, making it personal property rather than a part of the land. Fee Simple: An interest in land that, being the broadest property interest allowed by law, endures until the current holder dies without heirs. Gap: A parcel of unclaimed land that exists due to inaccuracies, either in deed or survey, between two or more adjoining parcels of land General Warranty: A warranty against the claims of all persons. Instrument: A written legal document that defines rights, duties, entitlements, or liabilities, such as a deed, contract, will, promissory note, or share certificate. Instrument Date: The date an instrument is created. Junior Grant/Patent: Parcel or tract of land that conveys a portion of a larger tract by a deed or title that is “younger” (i.e. less senior) than that of the older grant Land
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