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Jos McDougald Survey, Abstract 572

Granted to

Jos McDougald

Kind of grant

Headright, third classLand for later settlers, including the colonists of Mercer’s Colony.

Land Office file

Robertson 3rd class, file 5509

Certificate

No. 33

Acres

14.37

Patented to

Heirs of Joseph McDougald

Patent

12 Nov 1873 · No. 462, Vol. 41

Tap a survey to open its page.

What the file shows

In November 1856 the Kaufman County district court, Judge John H. Reagan attesting, issued Mercer's Colony certificate No. 33 for 640 acres to the heirs of Joseph McDougald, because he had emigrated to and settled in Mercer's Colony. The certificate sat unused until the 1870s, when the locator J. M. Eliot and Navarro county surveyor A. S. Howren split it into five small surveys filling gaps around Corsicana: 283 acres on Brier Creek, 14.37 acres on Cottonwood Creek (Abstract 572), 28 acres on Little Brier Creek, 130.6 acres on Little Cedar Creek and about 132 acres on Richland Creek. All five were patented to the heirs between 1873 and 1878 (588.27 acres in all). The Richland Creek tract took five years of corrections over a narrow strip between older surveys, and after Eliot's death his widow gave Jno. D. Lee power to finish it.

The certificate

other (Mercer's Colony certificate issued by district court; filed by GLO as Robertson 3rd class), No. 33, 640 acres, District Court of Kaufman County, Fall Term 1856 — A. F. Royal(?), Clerk; attest John H. Reagan, Judge 9th Judicial District, Kaufman, Kaufman County, 11 Nov 1856.

Entitles the heirs of Joseph McDougald to 640 acres by virtue of his emigration to and settlement in the colony granted to Charles Fenton Mercer and his associates

Changes of hand

• not in this fileHeirs of Joseph McDougald (certificate) → Champe Carter. Only referenced: the wrapper says the transfer to Champe Carter is in GLO file 1015, Robertson Bounty, and a GLO note says the certificate was delivered to Carter to locate the balance.
• 23 Nov 1877Susan Eliot, surviving widow of J. M. Eliot, deceased → Jno. D. Lee (attorney in fact), Navarro County. Power of attorney to manage all business of J. M. Eliot's estate, carry out his contracts and receive money and papers. Supported by county clerk's certificate (S. H. Kerr(?) by W. H. Kerr(?), deputy, Corsicana, 1877-12-03) that Susan Eliot had filed inventory, appraisement and bond to control the estate. This is how Jno. D. Lee came to carry the last survey to patent.

The survey

15 Mar 1873, A. S. Howren, County Surveyor of Navarro County.

About 11 miles [red: S 77° W] West from Corsicana on the waters of Cottonwood Creek

Chain carriers: G. W. Thomason, A. S. Henry.

Book C page 107

The survey

15 Mar 1873, A. S. Howren.

About 8 miles [red: S 84°] West of Corsicana on the head of Little Brier Creek

Chain carriers: J. M. Eliot, H. M. Henderson.

Book C page 108

The survey

8 Mar 1873, A. S. Howren.

About 9½ miles S 57°(?) E from Corsicana on the waters of Little Cedar Creek

Chain carriers: J. M. Eliot, W. G. Blue.

Book C page 106

The survey

Original Eliot field notes undated in file; adopted 1873-02-04; corrected on the ground 1873-10-14; certificate 1873-12-04, J. M. Eliot (field notes adopted by A. S. Howren); corrected by A. S. Howren.

About 4 miles N 45° W (corrected notes: N 40° W) of Corsicana on the waters of Brier Creek

Chain carriers: W. H. Mitchell, Carroll Anderson (original), Obe Melton, John Faulk (1873 correction).

Book B page 443 (original); Book C pages 95-96

The survey

1873-03-07 (first notes); corrected 1874-06-15; reduced 1876-04-19; re-surveyed 1878-08 (notes dated 1878-08-25), A. S. Howren; later re-surveyed by B. F. Marchbanks, County Surveyor (A. B. Lee, deputy).

About 12 miles S 55° E (later S 56° E) from Corsicana on the waters of Richland Creek

Chain carriers: J. M. Eliot, W. G. Blue.

Book C page 105; corrected Book C pages 138-139 / 200

The patent

1873-11-12 (Abs. 572, 573); 1874-05-29 (Abs. 574); 1875-12-13 (Abs. 575); 1878-10-10 (Abs. 576), 462 Vol. 41 (14.37 ac); 463 Vol. 41 (28 ac); 99 Vol. 42 (130.6 ac); 302 Vol. 43 (283 ac); 503 Vol. 44 (132.3 ac), to Heirs of Joseph McDougald, deceased, delivered to Not stated; jackets carry the names J. M. Eliot (earlier patents) and Jno. D. Lee (1878 patent).

Also in the file

• One 640-acre certificate was split into five separate surveys scattered around Corsicana — north-west on Brier Creek, west on Cottonwood Creek and Little Brier Creek, and south-east on Little Cedar and Richland Creeks — filling leftover gaps between older surveys.
• The certificate was issued in 1856 but not used until the 1870s, more than fifteen years later, by land locators rather than by any named heir.
• The south-east Richland Creek tract took five years of back-and-forth: the acreage changed from 146 to 147 to 131 to 132 acres as surveyors argued over a 56-vara strip between two older surveys, which was marked by a single persimmon tree.
• The locator, J. M. Eliot, died before the last tract was patented; his widow had to give a power of attorney to Jno. D. Lee to finish the business.
• Federal bankruptcy papers of W. H. Mitchell of Corsicana (1869) and field notes of an unrelated J. M. Steiner scrip survey were filed in this file in 1879 — Mitchell had carried chain on the McDougald 283-acre survey and had the Steiner notes renewed; the file does not say why they belong here.
• The certificate was first located in an earlier file (3-5217) and partly passed through Champe Carter; this file is a 'relocation'.

Timeline

• 11 Nov 1856Kaufman County district court (Judge John H. Reagan) issues Mercer's Colony certificate No. 33 for 640 acres to the heirs of Joseph McDougald
• 18 Jun 1867J. M. Eliot surveys 160 acres for J. M. Steiner (scrip) on Brier Creek, W. H. Mitchell chain carrier (separate claim filed here)
• 30 Apr 1869W. H. Mitchell of Corsicana adjudged bankrupt; R. A. Smith appointed assignee
• 17 Jul 1870Certificate filed in the General Land Office
• 14 Sep 1872GLO delivers certificate to J. M. Eliot to re-enter a 283-acre survey
• 23 Dec 1872Eliot's application for 283 acres filed with Navarro county surveyor
• 4 Feb 1873A. S. Howren adopts Eliot's 283-acre field notes
• 20 Feb 1873Eliot applies for 131 and 185 acres more
• 7 Mar 1873Howren surveys 146 2/10 acres on Richland Creek
• 8 Mar 1873Howren surveys 130 6/10 acres on Little Cedar Creek
• 15 Mar 1873Howren surveys 14.37 acres on Cottonwood Creek and 28 acres on Little Brier Creek
• 25 Mar 1873All field notes and certificate refiled in GLO
• 14 Oct 1873Howren re-runs the 283-acre survey on the ground
• 12 Nov 1873Patents 462 and 463, Vol. 41, for the 14.37 and 28-acre tracts
• 29 May 1874Patent 99, Vol. 42, for 130 6/10 acres
• 13 Dec 1875Patent 302, Vol. 43, for 283 acres
• 19 Apr 1876Howren corrects the Richland Creek tract to 131 acres
• 23 Nov 1877Susan Eliot, widow of J. M. Eliot, gives power of attorney to Jno. D. Lee
• 28 May 1878Letter from Corsicana to Commissioner J. J. Groos explaining the McDougald survey
• Aug 1878B. F. Marchbanks re-surveys the Richland Creek tract; finds 59 varas between Edmonson and Reed
• 10 Oct 1878Patent 503, Vol. 44, for 132 3/10 acres
• 26 Mar 1879Transcript of W. H. Mitchell bankruptcy filed in this file

The papers in the file

Every page of the Land Office file, in the order the Land Office keeps them (57 pages). Tap a page to see it larger.

• 
  File jacketOuter file jacket for the McDougald claim, with a contents list of the certificate, field notes, letters and conveyances kept in this file.General Land Office, file 5509, page 1 · in the scan
• 
  File jacketOlder file jacket with a contents list, acreage tally and the patent entries for the five McDougald surveys.General Land Office, file 5509, page 2 · in the scan
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  WrapperOld wrapper marked File 5509, Robertson third class, Joseph McDougald.General Land Office, file 5509, page 3 · in the scan
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  CertificateMercer's Colony certificate No. 33 for 640 acres issued to the heirs of Joseph McDougald by the Kaufman County District Court, 11 November 1856.General Land Office, file 5509, page 4 · in the scan
• 
  Back of the certificateBack of the certificate, with the file docket and Land Office endorsements for the McDougald claim.General Land Office, file 5509, page 5 · in the scan
• 
  Field notesCorrected field notes and plat for a tract of about 147 acres on Richland Creek, surveyed for Joseph McDougald's heirs and filed in 1876.General Land Office, file 5509, page 6 · in the scan
• 
  Surveyor's certificateCounty surveyor A. S. Howren's certificate of 15 June 1874 that the Richland Creek survey was made according to law and recorded in Book C.General Land Office, file 5509, page 7 · in the scan
• 
  WrapperWrapper for the corrected McDougald field notes filed 19 April 1876.General Land Office, file 5509, page 8 · in the scan
• 
  Field notesField notes for 160 acres on Brier Creek surveyed by J. M. Eliot, 18 June 1867, under scrip for a different claimant and filed in this file.General Land Office, file 5509, page 9 · in the scan
• 
  Surveyor's certificateCounty surveyor J. M. Eliot's certificates of 6 September 1867 and 6 September 1868 that the Brier Creek field notes are correct and were renewed.General Land Office, file 5509, page 10 · in the scan
• 
  WrapperWrapper for the 160-acre scrip field notes on Brier Creek, filed 29 December 1868.General Land Office, file 5509, page 11 · in the scan
• 
  Field notesEliot's field notes and plat for 283 acres on Brier Creek, adopted by county surveyor A. S. Howren for the McDougald heirs, with Howren's certificate.General Land Office, file 5509, page 12 · in the scan
• 
  WrapperWrapper and back of the 283-acre field notes, with recording and filing notes of March 1873.General Land Office, file 5509, page 13 · in the scan
• 
  Field notesField notes and plat for 28 acres at the head of Little Brier Creek, surveyed for Joseph McDougald's heirs by county surveyor A. S. Howren, 15 March 1873.General Land Office, file 5509, page 14 · in the scan
• 
  Surveyor's certificateContinuation of county surveyor Howren's certificate for the 28-acre survey, with the recording note for Book C.General Land Office, file 5509, page 15 · in the scan
• 
  WrapperWrapper for the 28-acre McDougald field notes, filed 25 March 1873 and marked as patented in November 1873.General Land Office, file 5509, page 16 · in the scan
• 
  Field notesField notes and plat for 14 acres on Cottonwood Creek, surveyed for Joseph McDougald's heirs by county surveyor A. S. Howren, 15 March 1873.General Land Office, file 5509, page 17 · in the scan
• 
  WrapperWrapper for the 14-acre McDougald field notes, filed 25 March 1873 and marked as patented to the heirs in November 1873.General Land Office, file 5509, page 18 · in the scan
• 
  Field notesField notes and plat for 130 acres on Little Cedar Creek, surveyed for Joseph McDougald's heirs by county surveyor A. S. Howren, 8 March 1873.General Land Office, file 5509, page 19 · in the scan
• 
  WrapperWrapper for the 130-acre McDougald field notes, filed 25 March 1873 and marked as patented on 29 May 1874.General Land Office, file 5509, page 20 · in the scan
• 
  Field notesField notes and plat for about 146 acres on Richland Creek, surveyed for Joseph McDougald's heirs by county surveyor A. S. Howren in March 1873.General Land Office, file 5509, page 21 · in the scan
• 
  WrapperWrapper for the 146-acre McDougald field notes, filed 25 March 1873.General Land Office, file 5509, page 22 · in the scan
• 
  Field notesCorrected field notes for 283 acres on Brier Creek, run again on the ground for Joseph McDougald's heirs by county surveyor A. S. Howren, 14 October 1873.General Land Office, file 5509, page 23 · in the scan
• 
  Surveyor's certificateContinuation of surveyor Howren's certificate of 4 December 1873 that the corrected 283-acre survey conflicts with no neighboring survey on the ground.General Land Office, file 5509, page 24 · in the scan
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  WrapperWrapper for the corrected 283-acre McDougald field notes, with the patent entry of 13 December 1875 to the heirs.General Land Office, file 5509, page 25 · in the scan
• 
  LetterList sent by J. M. Eliot to the Land Office of Navarro and Kaufman County claims, including the McDougald tracts, that he asks to have examined for patent.General Land Office, file 5509, page 26 · in the scan
• 
  WrapperWrapper marked to keep Eliot's list of claims with the file.General Land Office, file 5509, page 27 · in the scan
• 
  Surveyor's certificateCounty surveyor A. S. Howren's certificate of 23 May 1874 on a boundary call in the McDougald survey and the neighboring Edmondson survey.General Land Office, file 5509, page 28 · in the scan
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  WrapperWrapper for county surveyor Howren's certificate on the 146-acre McDougald survey, filed 1874.General Land Office, file 5509, page 29 · in the scan
• 
  Surveyor's certificateCounty surveyor A. S. Howren's certificate of 9 June 1874 giving the measured distance between two corners on the ground in the McDougald survey.General Land Office, file 5509, page 30 · in the scan
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  WrapperWrapper for county surveyor Howren's certificate on the 283-acre McDougald survey, filed June 1874.General Land Office, file 5509, page 31 · in the scan
• 
  Surveyor's certificateCounty surveyor A. S. Howren's certificate of 19 April 1876 correcting the McDougald field notes to about 131 acres.General Land Office, file 5509, page 32 · in the scan
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  WrapperWrapper for the certificate of correction, filed 22 April 1876.General Land Office, file 5509, page 33 · in the scan
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  Other papersApplication by J. M. Eliot to the county surveyor in February 1873 to locate more land under the McDougald Mercer's Colony certificate.General Land Office, file 5509, page 34 · in the scan
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  WrapperWrapper for the McDougald designation, filed 25 March 1873.General Land Office, file 5509, page 35 · in the scan
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  Other papersApplication of December 1872 by J. M. Eliot to the county surveyor for 283 acres under McDougald's Mercer's Colony certificate No. 33.General Land Office, file 5509, page 36 · in the scan
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  WrapperWrapper for J. M. Eliot's entry under the McDougald certificate, filed 25 March 1873.General Land Office, file 5509, page 37 · in the scan
• 
  WrapperOld jacket with patent entries for the McDougald surveys, patented to the heirs of Joseph McDougald.General Land Office, file 5509, page 38 · in the scan
• 
  WrapperOld jacket listing the McDougald surveys of 283, 14, 28, 146 and 130 acres, with patent entries to the heirs.General Land Office, file 5509, page 39 · in the scan
• 
  AffidavitNavarro County clerk's certificate of 3 December 1877 that Susan Eliot, widow of J. M. Eliot, filed an inventory and bond to manage his estate.General Land Office, file 5509, page 40 · in the scan
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  WrapperWrapper for the Navarro County clerk's certificate and bond for the estate of J. M. Eliot, filed 5 December 1877.General Land Office, file 5509, page 41 · in the scan
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  Power of attorneyPower of attorney of 23 November 1877 in which Susan Eliot, widow of J. M. Eliot, authorizes Jno. D. Lee to manage his estate and business.General Land Office, file 5509, page 42 · in the scan
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  Power of attorneyNotary's proof of the Susan Eliot power of attorney, taken at Navarro County on 4 December 1877.General Land Office, file 5509, page 43 · in the scan
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  Field notesCorrected field notes for about 132 acres south-east of Corsicana, surveyed for Joseph McDougald's heirs, beginning at a corner of the railroad survey.General Land Office, file 5509, page 44 · in the scan
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  WrapperWrapper for the 132-acre McDougald field notes, with the patent entry of 10 October 1878 to the heirs.General Land Office, file 5509, page 45 · in the scan
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  LetterLetter from Corsicana of 28 May 1878 to Land Commissioner J. J. Groos about the McDougald survey and its overlap with neighboring surveys, with a sketch.General Land Office, file 5509, page 46 · in the scan
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  PlatSketch map and certified copies of field notes of the Edmondson, Wilson Reed and McDougald surveys, made by county surveyor B. F. Marchbanks, 7 September 1878.General Land Office, file 5509, page 47 · in the scan
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  Field notesCertified copy of the Edmondson and McDougald field notes, made from the county surveyor's records in 1878.General Land Office, file 5509, page 48 · in the scan
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  Field notesContinuation of the certified copies of the Edmondson, McDougald and Wilson Reed field notes.General Land Office, file 5509, page 49 · in the scan
• 
  Surveyor's certificateCounty surveyor B. F. Marchbanks's certificate that the copied field notes are true, and that his August 1878 survey found 59 varas between two neighboring surveys.General Land Office, file 5509, page 50 · in the scan
• 
  Field notesField notes of 25 August 1878 for the McDougald tract south-east of Corsicana, surveyed by the county surveyor's office.General Land Office, file 5509, page 51 · in the scan
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  Surveyor's certificateDeputy surveyor's certificate of 15 September 1878 that the preceding page is a true copy of the corrected McDougald field notes on file, with docket.General Land Office, file 5509, page 52 · in the scan
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  Other papersFirst page of a certified court transcript from 1869 about a Corsicana bankruptcy, filed in this file in 1879.General Land Office, file 5509, page 53 · in the scan
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  Other papersCourt register's certificate of 30 April 1869 appointing an assignee in the Corsicana bankruptcy, from the transcript.General Land Office, file 5509, page 54 · in the scan
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  Other papersNotice of 30 April 1869 from the court register to the appointed assignee in the bankruptcy, from the transcript.General Land Office, file 5509, page 55 · in the scan
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  Other papersAssignee's acceptance of his appointment in the bankruptcy of 1869, with the clerk's certification of 26 March 1879.General Land Office, file 5509, page 56 · in the scan
• 
  WrapperWrapper for the transcript from the United States District Court, filed 26 March 1879.General Land Office, file 5509, page 57 · in the scan

Scans courtesy of the Texas General Land Office, Austin, from its Land Grant Database.

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Neighbouring surveys

Sources

• Texas General Land Office, Land Grant Database: Navarro County, Abstract 572
• 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.

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