Thursday, February 21, 2019

Land Record Research . . .

Can Be Mind Boggling.

This is a recent analysis of three pioneers in which I draw conclusions for one scenario of the settlement of lands in Western Pennsylvania circa 1800. Two of them were my ancestors and the third had several family members who became related through marriage.

Analysis of one of several scenarios for the settlement of Western Pennsylvania circa 1800.

Following the Treaty of 1784 with the Iroquois, the state of Pennsylvania surveyed the land, completed the Donation Land Lottery for those who had served with Pennsylvania in the Revolutionary War and opened the remaining land for settlement. Having done exhaustive research of the land records of three early settlers in Butler County, Pennsylvania, onto that land; it is my belief that the following is an acceptable conclusion.

Luke Covert my 4x ggrandfather, Isaac Cornelius another of my 4x ggrandfathers, and James Campbell all arrived in the new County of Butler circa 1800. Prior to 1800 the land had been a part of Allegheny County. While these new arrivals were beginning the hard work of clearing the land and building their cabins in order to establish homes for their scattered families, the new county was in the process of establishing the groundwork of itself as a center of government and a courthouse including a Register & Recorder's office were still in the planning. The county was finalized in 1804.

Research has indicated that taking the steps to legalize the ownership of the lands was often delayed in many cases for years. That is not to say there was no buying or selling going on within the settlements as shown by registered agreements and exchange of payments even though official patents had not been issued. 

It would be noteworthy to say here that until a land patent is approved for land owned by the state, it technically remains the property of the state.  The other side of the coin is that at that time the state continued to encourage pioneers to settle free of charge for a period of time on these lands and then gave them the opportunity to acquire ownership at low cost as a result of the Homestead Settlement Acts. This then lead to more rapid growth of the counties and the resulting taxation in the best interest of the state.

And so getting back to our three settlers; once they arrived they began to clear their settlements all of which were located in Slippery Rock Township, Butler Co, PA. In 1854 the lands of Luke Covert and James Campbell became part of Brady Township after a division of townships in the county.  When Worth Township was divided from Slippery Rock Township, the Brady/Worth boundary divided the settlement of Isaac Miller Cornelius between the two townships.

With no records in the Warrant Registers on file at the PA Archives and no registered Deeds of purchase in the files of the Butler County Courthouse it became apparent that none of these three early settlers took official steps to purchase the land from the state of Pennsylvania. They were not listed in the PA Donation Land Lottery and their lands were not part of the Donations Lands located in the surrounding area. Nor were these lands owned by land speculators.  The research process indicates this was not an unusual situation and further research of other early settlers of the county would probably reveal the same scenario.

As time went by and the county continued to grow and mature, many of the next generation, in order to establish ownership of the lands they had helped their fathers clear and produce from, began to take the legal steps to protect their rights.

In the case of Luke Covert, his son Jacob was the one who did just that. In 1817 father and son registered an agreement whereby Jacob received his father's blessing to the land and Jacob could then move ahead and claim the land. But again no one was in a hurry. In 1821 they moved forward and had the agreement registered with the county. Then in 1831 Jacob took the first required step of applying for a land warrant. He submitted a proof of settlement in which he state that he and his father had cleared the land. He was then required to have the property surveyed. The warrant application and survey were then submitted to the state and the land patent was approved. This often took a considerable length of time to be processed.

Isaac Miller Cornelius, like Luke Covert, settled a tract of land in the early 1800s and in the 1830s divided it between three of his sons. The first registered agreement was with James W. for (per the agreement) an estimated amount of 70-80 acres.  It was written in 1830 and recorded in 1831. Next in 1832 came an agreement with Jesse for 100 acres and a third agreement with Samuel in October 1832 for 125 acres and recorded in 1835. More research is needed to sort out the lands of the three brothers but that is not the purpose of this document. The total of these three agreements is approximately 290 acres; the same amount of land that James W. received a patent for in 1836 to establish legal ownership.

Next is the James Campbell farm. James Campbell was another pioneer to the area who had settled but not purchased his land. James died in 1828 and in his will, he divided his farm into three sections and bequeathed the same to three of his sons. James died in 1828.  In 1837 his son Henry, the husband of Mariah Covert, applied for a warrant of the whole farm as trustee for him and his two brothers. Once again a survey was done at that time and the process of having a land patent was carried out and approved.

Three Settlers with parallel stories draws a fairly clear picture of the path these families followed to establish the beginning of their family history as part of the development of this area of Western Pennsylvania.

My conclusions are based on records on file at the Pennsylvania Archives and Butler County Courthouse and trustworthy records and writings of others who have studied the process and history of the settling of the lands at the time.  As always I thoroughly enjoyed the challenge of the research and have attempted to be as accurate as possible; realizing that my conclusions are always subject to additions and corrections.

Gayle
©WPA_twig
February 21, 2019