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Martha Fullerton Survey, Abstract 285
- Granted to
- Martha Fullerton
- Kind of grant
- Headright, third classLand for later settlers, including the colonists of Mercer’s Colony.
- Land Office file
- Robertson 3rd class, file 4259
- Certificate
- No. 0/45
- Acres
- 640
- Patented to
- D. U. Barziza
- Patent
- 26 Feb 1861 · No. 16, Vol. 34
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What the file shows
On April 15, 1857 the Navarro County District Court found that Martha Fullerton had been a settler in Mercer's Colony before October 1848 and issued her certificate No. 45 for 640 acres. Two days later she sold it, signing by mark, to Francis L. Barziza of Robertson County for $200, and deputy surveyor J. M. Eliot located it that June on the waters of Richland Creek, about 20 miles west-southwest of Corsicana, next to the Welch, Wheelock and Navarro County school land surveys. In 1859 Francis L. Barziza passed it to D. U. Barziza for love and affection, and the patent issued to D. U. Barziza as assignee on February 26, 1861.
The certificate
other (Mercer's Colony certificate by District Court judgment; GLO Robertson 3rd class), No. 45, 640 acres, District Court of Navarro County — J. M. Riggs, Clerk; approved and countersigned 16 April 1857 by John Gregg, District Judge, 13th District, Navarro County, 15 Apr 1857.
Martha Fullerton took the oath and made the proof required by law of 'his' [her] citizenship in Mercer's Colony prior to 25 October 1848; by judgment of the District Court she is entitled to 640 acres on unappropriated land within the limits of the colony of Charles Fenton Mercer and associates
Changes of hand
- 17 Apr 1857Martha Fullerton (of Falls(?) County; signed by her mark) → Francis L. Barziza (of Robertson County), $200, Navarro County. Sold all her right in Mercer's Colony certificate No. 45 two days after the court granted it. Filed in GLO 17 May 1858.
- 12 Jun 1859Francis L. Barziza (of Galveston County) → D. U. Barziza, $25 and 'natural love and affection', Galveston County. Family transfer of the certificate and land, authorising D. U. Barziza to take the patent in his own name. A witness acknowledgment for Philip I. Barziza in Chambers County was left blank (date '186_') and struck through. Filed in GLO 13 Feb 1861.
The survey
1857-06-13 (deputy's oath 1857-08-08), J. M. Eliot, Deputy Surveyor, Robertson Land District.
Navarro County, on the waters of Richland Creek, red-ink addition 'about 20 miles S. 74 W. from Corsicana'
Chain carriers: J. T. Smith, Jas. McKinney.
Book L, page 418
The patent
26 Feb 1861, No. 16, Vol. 34, to D. U. Barziza, assignee, delivered to not stated.
Also in the file
- Martha Fullerton won her colonist certificate in court on April 15, 1857 and sold it, signing with her mark, just two days later for $200.
- The court's printed-style form says she proved 'his' citizenship — the wording was never changed for a woman claimant.
- District surveyor Oliver signed off on the survey on August 4, 1857 — four days before his deputy swore to it on August 8.
- The second transfer, between Barziza family members, was signed in Galveston in June 1859 but not acknowledged before a notary until January 1861, a few weeks before the patent; a second, blank acknowledgment form was struck out.
Timeline
- 25 Oct 1848Cut-off: Martha Fullerton's residence in Mercer's Colony proved as before this date
- 15 Apr 1857Navarro District Court grants Mercer's Colony certificate No. 45 (640 acres) to Martha Fullerton
- 16 Apr 1857Judge John Gregg approves and countersigns
- 17 Apr 1857Martha Fullerton sells the certificate to Francis L. Barziza for $200
- 13 Jun 1857J. M. Eliot surveys 640 acres on the waters of Richland Creek beside the Welch, Wheelock and county school land surveys
- 4 Aug 1857District surveyor Thos. J. Oliver records it, Book L p. 418
- 17 May 1858Certificate, field notes and first transfer filed in GLO
- 12 Jun 1859Francis L. Barziza transfers to D. U. Barziza for love and affection and $25
- 4 Jan 1861Francis L. Barziza acknowledges the transfer before notary George Goldthwaite in Houston
- 13 Feb 1861Second transfer filed in GLO
- 26 Feb 1861Patent No. 16, Vol. 34, to D. U. Barziza, assignee
The papers in the file
Every page of the Land Office file, in the order the Land Office keeps them (13 pages). Tap a page to see it larger.
File jacketFile jacket for Martha Fullerton's 640 acres, a Mercer's Colony certificate in Navarro County, patented to the assignee D. U. Barziza in February 1861.General Land Office, file 4259, page 1 · in the scan
CertificateMercer's Colony certificate No. 45 for 640 acres, issued to Martha Fullerton by the Navarro County District Court on 15 April 1857 and approved 16 April 1857.General Land Office, file 4259, page 2 · in the scan
Back of the certificateBack of the certificate, with the Land Office filing note for Martha Fullerton's Mercer's Colony certificate, filed 17 May 1858.General Land Office, file 4259, page 3 · in the scan
Field notesField notes for 640 acres on Richland Creek in Navarro County, surveyed 13 June 1857 by deputy surveyor J. M. Eliot for Martha Fullerton.General Land Office, file 4259, page 4 · in the scan
Surveyor's certificateDistrict surveyor's certificate of 4 August 1857 that the Fullerton field notes were examined and recorded in Book L, page 418.General Land Office, file 4259, page 5 · in the scan
WrapperField-notes wrapper for Martha Fullerton's 640 acres, filed in the Land Office 17 May 1858.General Land Office, file 4259, page 6 · in the scan
Other papersNotary's acknowledgment at Houston, 4 January 1861, of Francis L. Barziza's signature on his transfer to D. U. Barziza.General Land Office, file 4259, page 7 · in the scan
TransferTransfer from Francis L. Barziza to D. U. Barziza of the Fullerton certificate and land, signed in Galveston County on 12 June 1859.General Land Office, file 4259, page 8 · in the scan
TransferClosing page of the Barziza family transfer, with the witnesses' names and a witness acknowledgment for Chambers County.General Land Office, file 4259, page 9 · in the scan
WrapperWrapper for the transfer from F. L. Barziza to D. U. Barziza, filed in the Land Office 13 February 1861.General Land Office, file 4259, page 10 · in the scan
TransferTransfer of Martha Fullerton's Mercer's Colony certificate No. 45 to Francis L. Barziza for $200, dated 17 April 1857.General Land Office, file 4259, page 11 · in the scan
TransferClosing page of Martha Fullerton's transfer, signed with her mark, with the witnesses and the Navarro County chief justice's certificate of 17 April 1857.General Land Office, file 4259, page 12 · in the scan
WrapperOld file wrapper for Martha Fullerton's 640 acres, with notes on the patent to D. U. Barziza of 26 February 1861.General Land Office, file 4259, page 13 · in the scan
Scans courtesy of the Texas General Land Office, Austin, from its Land Grant Database.
Neighbouring surveys
Sources
- Texas General Land Office, Land Grant Database: Navarro County, Abstract 285
- The Land Office file, scanned (PDF, at the General Land Office)
- 1924 map: courtesy of the Texas General Land Office, Austin, Map 73249, used under licence. Topo: U.S. Geological Survey, The National Map. Aerial photographs: U.S. Department of Agriculture, National Agriculture Imagery Program, 2012, 2018 and 2022. Survey outlines: Railroad Commission of Texas, Original Texas Land Survey. Grant records and files: Texas General Land Office.