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From: Treasa Brookman <>
Subject: [KINCAID] RE: Sandi Gorin research
Date: Thu, 05 Sep 2002 19:39:54 -0500


Hi! fellow Kincaids,
This is from a Kentucky site. Sandi Gorin is a well know researcher of
kentucky History and this site has lots to offer. I thought this fit in
with Susan.

The following short tip might be of interest to our researchers as an
explanation of early land settlement in Kentucky. In all the old history
books, especially in Collin's History of Kentucky, it was noted that many
of the Virginians who came to Kentucky came for the purpose of "improving
for friends and for speculation." There was a tremendous amount of land
speculation in the earliest days of Kentucky settlement; men who bought up
land by the thousands of acres and then sold it, often at inflated prices
to those actually wishing to settle in Kentucky. Remember, before 1792,
Kentucky was still part of the Commonwealth of Virginia.

Virginia legislators sought a way to "regularize" distribution of what were
called the "western lands", thus in 1776, they came up with what became a
totally unworkable solution. It was known as the "corn patch and cabin
rights law.

The law, which sounded good on paper, stated that a settler on these
western lands could show serious intent to establish a claim for land there
(i.e., land they wished to personally settle on) by erecting a cabin and
planting a patch of corn prior to January 1, 1778. The settler could then
establish a claim to 400 acres of land if he also procured a Virginia land
warrant and registered a deed.

But, the Virginia Legislature forgot to specify a few things. It didn't say
how big the cabin had to be and how big a corn patch! Speculators, anxious
to claim land scurried off to what is now Kentucky and obeyed the law to
the letter. They threw a few pieces of freshly-hewn lumber together and
called it a cabin; planted a few corn seeds (maybe as few as 2-3) and said
it was their corn patch. Of course, some who did this were legitimate
settlers also. They took back off then for Virginia and followed the rest
of the requirements. The next step was the "preemption warrant" - in which
the settler could apply for up to one thousand additional acres.

There were four steps that had to be completed next to enter a land claim:
1 - obtain the warrant
2 - make an entry
3 - survey the land
4 return the survey and entry to the land office.

If approved, the land office entered a patent for the claim.

James R. Columbia, on a web site entitled The Early History of Orangeburg,
Mason County, Kentucky, entered an example of the above which I would like
to quote here.

"Richard Masterson this day claimed [for Francis McDermed] a settlement &
pre-emption to a tract of Land in the district of Kentucky on Acc't of
Mak'g a Crop of Corn in the Country in the year 1776 lying on the War road
leading from the Mouth of Cabbin Creek to the Upper Blue Licks about 6
Miles from the mouth of the s'd Creek to include a large Lick, satisfactory
proof being made to the Court they are of Opinion that the s'd McDermid has
a right to a settlement of 400 acres of Land to include the above Location
& the prempt'n of 1000 Acres adjoining & that a Cert. issue accordingly.

This law didn't accomplish what it set out to do as land speculators could
still dash in, build a "cabin", plant some corn and then head out to do the
same thing elsewhere. Thomas D. Clark, the noted current day historian
wrote of this law and called it "clumsy and unworkable."

When you read in the early surveys or deeds of "including improvements"
this could be something as simple as planting a crop, building a cabin or
shed, clearing a timber for farming purposes, building a fence or other
minor changes to the original land.

(c) Copyright 5 September 2002, Sandra K. Gorin. All rights reserved,


Col. Sandi Gorin
Publishing: http://ggpublishing.tripod.com/
GORIN worldconnect website: http://worldconnect.rootsweb.com/~sgorin
SCKY resource links: http://www.public.asu.edu/~moore/Gorin.html




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