Читать книгу History of Jacksonville, Florida and Vicinity, 1513 to 1924 - T. Frederick Davis - Страница 7
CHAPTER III. SPANISH LAND GRANTS
ОглавлениеIn the 198 years that Spain governed Florida prior to the English occupation she made no attempt whatever to induce settlement from the outside; but following its re-possession in 1783, the Spaniards inaugurated an entirely different policy in this particular. Under Royal Decree of 1790, it became only necessary for the applicant to set forth his desires in a memorial to the governor asking for lands to the amount permitted according to the number of his family and his slaves, the location desired being named in the memorial. The usual reply of the governor to these applications was: "Let the lands asked for be granted without injury to a third person." It was done in one of two ways: By Grant, which gave title of absolute property to the petitioner; or by Concession, the terms of which included a provision of some sort, such as requiring the land to be kept under cultivation usually for a period of time designated by Spanish law.
The treaty for the transfer of Florida by Spain to the United States was ratified in February, 1819, and the actual change of flags took place in July, 1821; grants of land made during this interval under the Donation Acts of the U. S. Congress were designated Donations.
The acquisition of Florida by the United States was not through direct purchase from Spain. The treaty was drawn around a claim clause of the United States and its citizens against the Spanish government for alleged damages for various reasons. The United States agreed to cancel its claims and assume the payment of those of its citizens to not exceeding $5,000,000, in consideration of which Spain ceded Florida. The interest accumulating upon these claims eventually amounted to $1,489,768. Therefore Florida cost the United States $6,489,768, but Spain did not get a dollar of it.
After the formal transfer of Florida in 1821, Congress passed what were known as the "Land-Grant Acts", providing for the appointment of commissioners to investigate and confirm legitimate claims for title under Spanish grants and concessions. These commissioners were usually called the land-grant commissioners and will be referred to by that name hereafter. Those for East Florida sat as a Board at St. Augustine, and the records indicate that their proceedings were painstaking and thorough; their awards are upheld by the courts of this State and are the base titles to property here.
Robert Pritchard, 1791. (Jacksonville)
Robert Pritchard on January 3, 1791, procured a concession from Governor Queseda of 450 acres of land situated on the north side of the River San Juan opposite the post of San Nicholas. A regular survey was made and Pritchard took possession immediately, erected buildings and planted crops. He died a few years later, but his heirs, through authorized agents, continued the cultivation of the tract. One of these agents was John Joseph Lain, who cultivated and lived on the land afterward granted to Mrs. Purnal Taylor and which is now included in the plat of Jacksonville. When the "Patriots" arrived in 1812, the Pritchard lands were permanently abandoned.
Robert Pritchard was the first white settler on the site of Jacksonville.
John McQueen; 1792. (Ortega)
A survey was made of "San Juan Nepomuceno" by Pedro Marrot on January 14, 1792, for John McQueen, to whom it had been conceded by the Spanish governor. The survey comprised 3,274 acres lying along both sides of McGirts Creek (including all of Ortega and the west side of McGirts Creek nearly to Big Fishweir Creek). On February 27, 1804, John McQueen received title of absolute property to this tract and in March of the same year (1804) he made a sale to John H. Mcintosh, which was duly authorized and recorded. The land-grant commissioners confirmed the title to McIntosh.
In an agreement (May 26, 1836) among the heirs of John H. Mcintosh, Sr., his daughter, Catherine A. Sadler, was awarded "McGirts Point", which at that time was called "Ostego". From Mrs. Sadler the title next appears in Austin D. Moore and Asa Moore. The executors of the estate of Austin D. Moore with Asa Moore transferred the tract (December 9, 1857) to John P. Sanderson. The heirs of John P. Sanderson (February 26, 1902) through a New York trust company transferred it, excepting one or two small parcels, to the Jacksonville Ortega Town Company, a New Jersey corporation headed by Wilkinson Call, for $40,000. The Jacksonville Ortega Town Company (February 20, 1906) transferred these holdings to J. R. Dunn. J. R. Dunn (March 15, 1906) to D. H. McMillan, Trustee; D. H. McMillan, Trustee, etc. (May 10, 1906) to Ortega Company, a Florida corporation headed by J. N. C. Stockton, by whom the tract was platted and put on the market as building lots.
William Jones, 1793-William Hendricks, 1797. (South Jacksonville)
One William Jones, February 14, 1793, obtained a Spanish grant comprising 216 acres situated on the south side of the River San Juan at the Cow Ford. South Jacksonville now occupies this tract. Jones's land was confiscated for rebellion against His Spanish Majesty." It is not known with certainty what the trouble was, but we may make a pretty safe guess that when Mcintosh made his raid on Fort San Nicholas and the Boats of the Royal Domain about 1796, William Jones, living nearby, was involved in that affair, and if so, the Spaniards had a perfect right to confiscate his land.
On May 18, 1797, this land was re-granted to William Hendrix (Hendricks) of North Carolina. Isaac Hendricks, son of William Hendricks, came down and occupied it, built houses and cultivated the tract for many years. It was confirmed to Isaac Hendricks by the land-grant commissioners. On February 11, 1823, Isaac Hendricks conveyed the tract to his son, William I. Hendricks, as a "Gift of Love and Affection". William I. Hendricks transferred it to his mother-in-law, Elizabeth (Hudnall) Hendricks, April 27, 1852, except 10 acres that had been sold to Sadler and Halliday and 7 ½ acres sold to George Stone.
After the War Between the States Harrison Reed bought , a considerable portion of the old Hendricks plantation and platted it as South Jacksonville. The remainder was platted in 1882 by Elizabeth Hendricks and named Oklahoma.
Philip Dell, 1801. (Brooklyn and Riverside)
On February 11, 1801, Philip Dell secured a concession from Governor White of 800 acres, extending along the riverfront from the mouth of McCoys Creek to a point about half way between Barrs and King Streets – the bend in Riverside Avenue between these streets is where the line cuts through. It embraced the present Brooklyn and Riverside sections. For many years the tract was known as "Dell's Bluff" and was often referred to in the records by that name.
The Dell Bluff tract was acquired by John H. Mcintosh January 11, 1805. Title was confirmed to him by the land-grant commissioners. John H. Mcintosh on October 4, 1823, deeded it to Francis J. Ross. Ross gave Joseph B. Lancaster a quitclaim deed to these 800 acres, December 6, 1833, the consideration mentioned being $2,000. Lancaster held it a little more than ten years, selling only six acres in the meantime, three of which were sold to Blanchard &Rider for a mill site at the mouth of McCoys Creek; on May 1, 1844, he deeded the remainder back to Francis I. (J.) Ross, the consideration being $2,500. Francis J. Ross conveyed it to William B. Ross March 24, 1845, and William B. Ross sold it to James Winter February 6, 1847. Winter died in possession of the property and his estate descended to his heirs. On April 23, 1866, Uriah Bowden bought a portion of these lands from the commissioners of the Winter estate. Miles Price finally acquired the bulk of the Winter estate, and on June 8, 1868, he conveyed 500 acres to E. M. Cheney in trust to be conveyed to John M. Forbes (a Boston millionaire) for $10,000 in gold. The property was platted for Forbes into lots February 1, 1869, and named "Riverside", provision being made for a park of 14 acres, now Riverside Park.
John Jones, 1801-Isaac Hendricks, 1804. (LaVilla)
Under date of February 11, 1801, John Jones obtained a concession of 850 acres in a triangular tract on the north side of the River San Juan beginning at the mouth of McCoys Creek and lying north of it. Jones seems to have forfeited his title to this tract, for it was receded to Isaac Hendricks by the Spanish governor in February, 1804, and on September 28, 1816, Isaac Hendricks received title of absolute property to the same from Governor Coppinger. In presenting his claim to the land-grant commissioners Isaac Hendricks exhibited the original patent to Jones and also produced a deed from Jones's heirs to himself. The commissioners confirmed the title to Hendricks. Isaac Hendricks had in the meantime given the property to his wife, Catherine Hendricks, by a Deed of Gift. The confirmation was for 500 acres, bounded south by McCoys Creek, East by the Taylor Grant, Northwest by public lands.
After Mrs. Hendricks, the title appears in Rebecca Jones (who later married Calvin Reed). Rebecca Jones on October 21, 1831, sold the east half of the tract, 250 acres, afterward known as East LaVilla, to John W. Richard. Richard on July 25, 1836, deeded an undivided one-half interest in 249 acres of this tract to Adin Waterman, Trustee for Lydia V. Pinkston, wife of Milo K. Pinkston, in accordance with a pre-marriage agreement between Lydia Waterman and Milo Pinkston, whereby certain property was required to be placed in trust for the sole and separate use of Lydia. Then began a series of amusing transfers and inter-transfers, and after traveling around for several years the title came back to A din Waterman, Trustee for Lydia V. Pinkston, safe and sound; and in another chain also the half interest of John W. Richard, amounting in all to 225 acres. Adin Waterman, Trustee, etc., under power of attorney from Lydia V. and Milo K. Pinkston, transferred the property on January 15, 1842, to Rev. James McDonald, who was then the pastor of the Baptist Church in Jacksonville.
The chain of title to West LaVilla was not so complicated. Calvin and Rebecca Reed deeded the 250 acres July 29, 1839, to J. W. Richard. Three days afterward (August 1, 1839) Richard quit – claimed to John Warren. On March 19, 1842, John Warren deeded these 250 acres to James McDonald. Rev. McDonald had acquired East LaVilla the previous January and thus nearly all of the original grant was brought together under single ownership.
Mr. McDonald disposed of these holdings in 1851. On January 28, 1851, he sold 350 acres to Samuel Spencer, and the remainder February 1, 1851, to Rev. Joseph S. Baker, who had succeeded Rev. McDonald as the Baptist pastor in Jacksonville. Mr. Baker acquired Samuel Spencer's interest June 9, 1851, and the property was again brought together under one ownership. Rev. Joseph S. Baker held the tract until after the war when he sold the bulk of his estate to F. F. L'Engle and others and the property was subdivided and much of it incorporated in the Town of LaVilla.
It has been published that when Mr. Baker bought the McDonald-farm his son, J. McRobert Baker, remodeled the McDonald home and named the plantation LaVilla. He built a school house on the land and named it LaVilla Institute. This school continued until the beginning of the War Between the States.
Robert Hutcheson, 1815. (Willowbrook Park Section and Ingleside)
Robert Hutcheson (often spelled Hutchinson in the records) on December 12, 1815, obtained a Spanish grant comprising 150 acres on the northwest side of the River San Juan, described by surveyors' measurements. The tract was nearly square and had a river frontage extending from a point between James and Cherry Streets to about Donald Street. It lacked only a few hundred feet of adjoining the Dell tract on the east. Robert Hutcheson died in possession of the property. His widow, as administratrix, sold the land (together with the Hutcheson concession adjoining on the southwest, sec page 48) to Dr. Whipple Aldrich, October 25, 1830. Dr. Aldrich conveyed to William McKay March 19, 1836. Mr. McKay died in possession, and in settlement of his estate, this property was sold, his heirs joining in quitclaim deeds, to Francis D. Scarlett March 2, 1850. Francis D. Scarlett sold it April 11, 1850, to Elias G. Jaudon. Elias G. Jaudon sold a part of the original grant (it is the grant and not the Hutcheson concession that we are tracing here), lying mostly east of Willow Brook to Ewell Jamison. Elias G. Jaudon and wife on May 15, 1869, deeded the remaining part of the grant south of Willow Brook (and a narrow strip of a few acres of the concession joining on the south) to Sarah J. McKinlay, their daughter, as her proportion of the estate. This "Gift of Love and Affection" to Mrs. McKinlay is now Ingleside and Pinehurst.
The records do not indicate why the narrow strip of a few acres was included. Maybe some interesting little circumstance was involved, possibly of a topographical nature.
George Atkinson, 1816. (Shadow Lawn, Arden, Fishweir Park)
George Atkinson, on February 22, 1816, obtained a concession from Governor Coppinger of a tract of land lying along but mostly north of Fishware (Big Fishweir) Creek. Two years later Robert Hutcheson obtained a concession embracing lands adjoining his (Hutcheson's) grant. When the survey of the Hutcheson concession was made it was found that it included lands claimed by Atkinson. A controversy arose between Hutcheson and Atkinson in regard to the "over-lap" and it was taken to the courts. The land-grant commissioners confirmed the over-lap to Hutcheson, and a court decree in December, 1829, did likewise and established the line. There was no question about the other lines of the Atkinson concession and the land commissioners confirmed to him that portion outside of the over-lap. According to the survey it contained 219 acres.
From the decision of the commissioners and the court, Atkinson had no legal claim to the over-lap. If he really needed more land the opportunity for securing it was knocking at his southern door, for there was an unclaimed stretch along the riverfront between his land and that of McQueen (Mcintosh) equal in size if not greater than the part in controversy that he no doubt could easily have acquired under the Donation Act. The controversy between Hutcheson and Atkinson started in Spanish times.
Atkinson owned the tract for a great many years and died in possession. It was deeded to Fannie L. Fehrenbach November 25, 1881, by Henry Young, executor of the estate of George Atkinson. Mrs. Fehrenbach platted the property in 1882 and put it on the market in acreage tracts. This is now Shadow Lawn, Arden, and Fishweir Park.
Maria Taylor, 1816. (Jacksonville, west of Market Street)
During the "Patriot" troubles a Spanish subject named Purnal Taylor was killed in a skirmish with a scouting party of the "Patriot" army in the inland passage to Fernandina. His widow, Mrs. Maria Taylor, afterward petitioned the Spanish governor and was granted 200 acres of vacant land on the north side of the River San Juan, opposite Fort San Nicholas. A copy of the land-grant to Mrs. Taylor follows:
(Translation)
Don Jose Coppinger, lieutenant colonel of the royal armies, civil and military governor pro tern., and chief of the royal finance in the city of St. Augustine, Florida, and its province:
Whereas by royal order of the 29th of March, 1815, his majesty has been pleased to approve the gifts and rewards proposed by my predecessor, the Brigadier Don Sebastian Kindelan, for the officers and soldiers both of the line as well as the militia of the said province, who contributed to the defense of the same at the time of the rebellion, being one of said rewards, the partition of lands in proportion to the number of family each individual may have, That Dona Maria Suarez, widow of Turnel (Purnal) Taylor, having presented herself soliciting the quantity she, her deceased husband, children and slaves were entitled to, on account of the said husband being killed in the attack made by the enemy upon the river St. Johns during the insurrection in this province, as she has proven by certificate, then was granted by my decree on the 12th of the present month two hundred acres of land on the opposite side of the military post of St. Nicholas, on the river St. Johns, at the mouth of the creek known as McCoy's Creek, bounded on the west by the plantation of John Jones and on the other sides by vacant lands; all conformable to the regulation established by this government for the partition of lands and the number of persons and slaves her said family is composed of, as is set forth in the proceedings instituted by the above-mentioned Dona Maria Suarez, on file in the government notary's office.
Given under my hand and seal and countersigned by the undersigned notary of the government and royal finance, in the city of St. Augustine. Florida, September 13, 1816.
JOSE COPPINGER.
By order of his Excellency,
Juan de Entralgo, etc., etc., etc.
The award of the land-grant commissioners confirming the original title in Hogans (Taylor) was made April 26, 1824, almost two years after the town of Jacksonville had been surveyed and founded. I. D. Hart eventually got hold of all of the Taylor grant, excepting ten acres. In 1821 he bought 18 acres in the southeast corner nearest the ford; this tract was later included in the original survey of Jacksonville. On July 10, 1831, he acquired another section of the Taylor grant; May 28, 1834, another; and April 15, 1836, all of the remaining portion, except the ten acres referred to above. The boundaries of the Taylor grant as filed with the land-commissioners were: North by public land; South by River St. Johns; West by lands formerly granted to John Jones (the Hendricks grant); East by lands granted to Maestre.
Juan Maestre, 1816 (Jacksonville, east of Market Street)
Juan Maestre (referred to in English as John Masters), a "Skipper in the Boats of the Royal Domain", representing himself as being in straitened circumstances, petitioned on November 18, 1816, for 100 acres of "vacant hammock lands on the north side of the river St. Johns, opposite the battery of St. Nicholas". The Spanish governor ordered that Maestre's petition be granted and it was done on December 13, 1816. He was granted only 50 acres, however, as that was all he was entitled to under the Spanish law, but the land actually granted was increased by subsequent surveys to about 80 acres. His land was bounded East and North by Hogans Creek, West by the Maria Taylor grant, and. South by the River St. Johns. It was surveyed February 21, 1817, by George I. F. Clarke.
On June 21, 1820, Maestre sold the tract to John Brady for $200. Brady conveyed it John Bellamy January 27, 1823, after Jacksonville had been founded and some lots had been sold. I. D. Hart got control of John Bellamy's interest July 26, 1826, but he did not get title by conveyance from Bellamy until May 4, 1836. On December 18, 1836, for $1100, I. D. Hart conveyed his right, title and interest in this property to William J. Mills. in trust for Mrs. Maria Doggett.
Daniel Hogans, 1817 (East Jacksonville, Fairfield)
Daniel Hogans, under date of March 18, 1817, obtained a concession from Governor Coppinger of 255 acres, situated on the north bank of the St. Johns River, nearly opposite the battery of San Nicholas, and east of Hogans Creek. Daniel Hogans conveyed this land to E. Hudnall November 11, 1818, the consideration named being $330. On May 10, 1838, Elizabeth Hendricks (widow), formerly the widow of E. Hudnall and holder of the title to the Daniel Hogans tract, conveyed the property to Rev. David Brown (who at that time was rector of St. Johns Church in Jacksonville, and editor of the Jacksonville Courier newspaper); the consideration named in this transfer was $700. David Brown, on October 18, 1849, sold to John Brantly and Mrs. P. W. Bryant (afterward Mrs. George Houston), jointly, for $500. Mr. Brown seems to have lost money in this deal, if the consideration given in the deed, $500, was the full selling price.
John Brantly and Mrs. George Houston in January, 1850, reached an agreement for the division of the property, the transaction being properly drawn up and recorded. Both Brantly and Houston began to sell parcels to different parties, some for saw-mill sites and others for other purposes.
Robert Hutcheson, 1818 (Avondale, Ribault Place, Ingleside Heights)
Robert Hutcheson (often spelled Hutchinson in the records) on January 9, 1818, obtained a concession from Governor Coppinger of 350 acres bounded Northerly by his (Hutcheson's) grant of 1815, Easterly by St. Johns River, Southerly by George Atkinson's lands, Westerly by vacant land. (This is the property involved in the "over-lap" controversy described on page 44.) The land-grant commissioners approved Hutcheson's claim to this property June 17, 1824. Robert Hutcheson died in possession, and Elizabeth Hutcheson, his widow, executrix under his will, sold both the grant and the concession to Dr. Whipple Aldrich,. October 25, 1830. Grant and concession both trace through the same chain to Elias G. Jaudon, namely, Whipple Aldrich to William McKay, March 19, 1836; to Francis D. Scarlett, March 2, 1850; to Elias G. Jaudon, April 11, 1850.
Elias G. Jaudon died in possession of the concession in 1871, except the narrow strip along the northeasterly line previously deeded to his daughter Sarah J. McKinlay. His will provided that the property, then known as "Magnolia Plantation", be divided equally among his wife and four children, naming them. This was done March 10, 1872, by three regularly appointed commissioners. The division was platted as Lots 1 to 5 inclusive, and assignment made:
Lot 1. Jane I. Jaudon; Lot 2, Laura A. Weeks; Lot 8, Mary E. Duffie. Avondale and Ribault Place are subdivisions of these lots. Lot 4, Thomas H. Jaudon. Ingleside Heights is a part of Lot 4. Lot 5, Ella L. Jaudon, now subdivided into building lots.
John R. Hogans, 1820 (Springfield)
During the latter part of the year 1820, John R. Hogans settled on land north of Hogans Creek, and under the Donation Act received title to 640 acres. This is called Hogans's Donation. He conveyed these 640 acres to W. G. Dawson July 24, 1823. On February 3, 1829, I. D. Hart, ex-officio administrator of the estate of W. G. Dawson, deceased, conveyed the tract to John warren. John warren conveyed it to I. D. Hart October 25, 1829. Hart sold it to Thomas G. Saunders in 1846. On September 9, 1847, Thomas G. Saunders conveyed it to Adeline Jones.
Adeline Jones was the daughter of John Middleton and Captain Middleton bought this property for her for $450 in gold. On August 4, 1849, Adeline and husband sold 50 acres for $50 to E. A. DeCottes; this is now Hansontown. In 1867, 4 acres were sold to Frank Franklin (colored) for $100; now called Franklintown.
With the above exceptions Hogans's Donation descended to Eliza Jones (afterward Mrs. W. M. Bostwick), daughter of Thomas W. and Adeline Jones. The bulk of it was sold to the Springfield Company in 1882, and by that company platted into lots.
The name Springfield was given to the section north of Hogans Creek about 1869, it is said by C. L. Robinson, and the name was really suggested by a spring of good water located in a field through which West Fourth Street would now pass.
Along the Riverfront
When the United States acquired Florida (1821) the entire riverfront on the north side from Commodore's Point to Ortega was held under Spanish grants or concessions, except for two little breaks. There was a gap about as wide as a city block at the foot of King Street where the Dell and the Hutcheson lands failed to meet; and another of a few hundred yards south of Fishweir Creek between the Atkinson and Mcintosh (McQueen) lines. Elsewhere in this locality on both sides of the river and in the back country were other grants and concessions and donations, but those traced here have the most important bearing on the built-up portion of the city. The chain of title to these is remarkably complete, especially for the early times, when the filing of a deed was considered a matter of no vital importance, as a transfer of land then became a matter of public knowledge. Sometimes deeds were held for years before they were recorded.