Post by Whirlwind In The House on Oct 24, 2006 19:39:53 GMT -5
There was a one time a patent called an exchange patent , allowing individual to exchange there original patent with another. Evidently this is occurred often enough for them to become a matter of record. Wonder what a google search would generate???
Not much I am afraid. You ned to know where your relative lived(County and State). Then go to that state's GenWeb site and see if they have a section re. land records I know south DakotaGenWeb sites have land records . www.accessgenealogy .com also has a section in their Native american Genealogy link pertaining to lland patents. But it only Nebraska has the ones for the Siouxs, Santees, and Winnebagos. www.rootseb.com also has a search engine for land records. You select the Index to Search Engines, select the land one, and then type in the nakme of the person and select thestate(they don't have all the states, but they do have SouthDakota, Minesota, and Nebraska).
I found this article and wondered if it could be of use to anyone. Sophia Huot is my ancestor and maybe someone reading this site would be descended from one of the others mentioned here--Joseph Brown, Mary Young, and Lewis Carron. I don't completely understand it but have written to the First Nations Outreach Center in Sioux City to see if anyone there can help me understand what was happening here. To my knowledge Sophia Huot never lived in Glendive so I guess she didn't get the land in the end, but maybe I'm wrong, or maybe she never wanted to live there anyway and just planned on selling the land, or maybe this agent was trying to use her to get it for himself??? If any of you have any insights I'd appreciate hearing them. I wasn't able to download a copy of the actual article that was clear enough to be legible so I've copied it out. Incidentally in case anyone wonders, Glendive referred to below is in Dawson County, Montana.
From the Bismarck Tribune August 29, 1884
Headline: An Important Decision.
"It will be remembered by many in Bismarck that when the road reached as far west as the Little Missouri country, there was a scramble for the land where Glendive now stands. In fact it had been covered by different parties with various kinds of script, even before the road had penetrated the country beyond Bismarck. When the road reached the point in question Gen. Lewis Merrill made arrangements with the railroad whereby the company received half the townsite, which was platted and sold. Soon after other parties appeared on the scene, among them E. T. Winston and W. B. Shaw, claiming the validity of their title to the land. The matter has been before the local land officers at Miles City, and the Miles City Journal of the 23rd gives the following as the decision in the case:
A decision in this celebrated case was reached yesterday by Messrs Kreller and Gould, register and receiver of the land office. This contest must take place with the most important of its kind, involving as it did so many diverse interests, claiming under half breed script locations, and pre-emption and homestead filings, and having for the bone of contention the major portion of the residence district of Glendive. The contestants were Lewis Merrill, U. S. A.; E. T. Winston, of Bismarck; Joseph W. Allen, Michael H. Brown and Thomas Kean, of Glendive, each party representing a separate and adverse interest. The decision as rendered is too lengthy to give in detail, but may be summarized as follows:
To Sophia Huot, Sioux half-breed claimant in the interest of E. T. Winston, is awarded lot 5, section 26, township 16, range 55; 19.77 acres.
To Joseph Brown, Sioux half-breed claimant in the interest of Lewis Merrill, is awarded lot 9, of section 26, township 16, range 55; 52.50 acres.
To Mary B. Young, Sioux half-breed claimant in the interest of Lewis Merrill, is awarded the northwest ¼ of northwest ¼, section 36, township 16, range 65; 40 acres.
To Lewis Carron, Sioux half-breed claimant in the interest of Lewis Merrill, is awarded the southwest ¼ of northwest ¼, section 36, township 16, range 55; 40 acres.
To Thomas Kean, pre-emption filing, awarded the east ½ section 36, township 16 range 55; 80 acres; and the following filings and are held for cancellation: Joseph W. Allen and Michael Brown, homestead filings, lots 5 and 9 above noted; Sophia Huot, script location on lot 9; Joseph Brown, script location on lot 5. Mary B. Young, script location on northeast ¼ northwest ¼ section 36.
By this decision the Merrill interest gets 132.50 acres, the Winston interest 19.77 acres and the Kean interest 80. The claimants Allen and Brown, get left. A hearing in this case was first ordered in September last, but it was not until March 29, 1884, after several adjournments that the case was opened; from that date until April 11 it occupied the whole time of the land office and was the subject of most exhaustive enquiry by the distinguished counsel engaged in the conduct of the various interests. The testimony was reduced to writing and comprise nearly 500 pages. In the case Strevell & Garlock appeared for Gen. Merrill; J.C. Hollemback of Bismarck for Winston; Joseph W. Allen for himself and Kean, their interests not conflicting, and A. H. O'Connor for Brown.
The Miles City Record comments on the decision as follows:
The land office has rendered a decision in the Glendive townsite contest. In the fall of 1880, General Louis Merrill, major of the Seventh United States cavalry, representing a party of army and railroad capitalists, filed in the Miles City office a quantity of Sioux half breed scrip representing something near 80 acres and covering the whole site of the present town of Glendive. A claim was interposed by Mr. E. T. Winston, of Bismarck, to a portion of this tract which he had located prior to the Merrill location and had filed scrip upon in the Helena land office before that in Miles City had been established. As the Winston claim represented a strip of land between the railroad depot and the Yellowstone, extending close to the Merrill hotel, the military speculators have opposed it tooth and nail, and the dispute culminated in a contest which was heard in Miles City last April. Other adverse claimants in the meantime had interjected themselves, professing to have settled on portions of the tract involved before the filing of script thereon and under the privileges of tbe public land laws. The hearing was peculiar in the fact that there was five sets of rival claimants participating in it simultaneously and the array of attorneys equalled that in attendance on a term of the district court. The testimony covered upwards of 500 pages of legal cap. This mass of evidence, as variously illuminated or otherwise by the arguments of the several attorneys, the district officers have had to wade through and digest, and it is little wonder their decision has not been sooner rendered. They award to Mr. Winston about nineteen acres which he claimed, allow a pre-emption claim of eighty acres to Thomas Kean, and concede the balance to the Merrill townsite company. Two of the original claimants are left wholly out in the cold. The case will doubtless now be carried on appeal by the dissatisfied claimants to Washington."
I have many of my ancestors had land stolen from them by someone selling his interest through a quit claim on their land. yet when they went to state court they lost. I wonder what would of been the outcome if they fought in the federal court. many of my ancestors that may of been Indian they did this to. I thought the land patient was sacred.
I have been checking land patents in SD . I noticed that my husband's Grandfather's land patent is NOT the exact same number as the Glo Records have as a land grant. What could be this situation? Genelady
Most likely you will have to run this by your local agency to get it fixed up...find out from them if the numbers of the land stay the same or if some thing else is going on...be the land detective, I would!
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