Dave
I'm just curious what would make a claim arise?
Here we have Townsites and Rancho grants.
I could imagine scenarios such as simple squatting or some claim such as homesteading on unsurveyed lands. It is common to see evidence of occupation on original surveys such as cabins, saw mills, roads, trails, ditches or flumes and so on. On the timber cutting I wonder if it was legal to harvest on unpatented public domain? Maybe there was no way to stop it.
[editing iPad autocorrects-ever the adventure!]
Dave
See:
Act of March 3, 1891, “An act to establish a court of private land claims, and provide for the settlement of private land claims in certain States and Territories,” as amended by the Act approved February 21, 1893 [27 Stat, 470].
You can probably find a link to this act (I would, but I'm up to my butt in work today).
B-)
Loyal
The "Alphabet Stones"
I haven't really followed this thread closely, but almost all homestead entries I am aware of on public lands were surveyed and are usually well marked and monumented. Do you have the notes? Even if the land didn't go to patent there can be monuments for the original claim or location called listing corners I believe. Sometimes they are even cancelled and don't show up on title plats yet the surveys are still the notes still exist. Perhaps there is a similar authority for other private land claims elsewhere. HES' are normally on/within forest lands. There are all kinds of other authorities for claims. If you have a monument you probably have a survey and may just have to find it.
- jlw
PS if the claim is up against already withdrawn or patented aliquots as shown on the plat posted then they sometimes completely surveyed and subdivide the section and set aliquot corners also. I have run into this in New Mexico. I think the office had to go to archives to retrieve the records for the cancelled HES. All of it was out there on the ground pretty as anything I ever saw.
The "Alphabet Stones"
Pardon my ignorance, could a homestead entry be made on unsurveyed land?
The "Alphabet Stones"
The Homestead Patent mentioned above is NOT a Homestead Entry Survey, but simply an aliquot part Homestead PATENT (Act of 1862). We have HES(s) in other areas, and YES there is both a "listing," a "final" (HES) Survey (with Notes in the BLM Office).
The Private Land Claim (above) WAS Surveyed and Monumented in the 1896 GLO Survey, but the Alphabet Stones OUTLINE lands that only adjoin the Private Land Claim along two lines (maybe... not really sure about that yet).
I suspect (but am only guessing at this point), that the Alphabet Stones were set as part of a PRIVATE survey done either by the County Surveyor, or some Private Surveyor (maybe around 1909, MAYBE earlier). The lines connecting CoA-CoE Stones WHERE fenced at one time (found fence post stobs), but it appears that the fence was removed well before 1938 (aerial photos).
There is little doubt that whoever set them FOUND and USED several of the 1856 and 1879 Corners (most of which we have found), but several original Corner are long gone due to activities in the North Half of the Section (some of which date back to 1910ish).
It's a work in progress, so anything can happen.
Loyal
Dave
In SOME Cases...
The "Alphabet Stones"
Was Mr. Whitehouse a Native American with an early proven family claim to that meadow, grass and water?
jud
The "Alphabet Stones"
I really don't know for sure, but I doubt it. He (Jeremiah W. Whithouse, who I believe was Emma's Husband) acquired several Homestead AND Cash Entry Patents in that area, as well as a Timber Culture Patent (which was VERY rare in the valley) in the same general area. I'm reasonably sure that the Whitehouses were Mormon Settlers in the valley.
Loyal
DDSM
It is not limited to the French land grants, it could be a Spanish grant as well and they are not limited to those along the rivers. If the land was granted prior to statehood then that area will have a section number above 36.