xt73ff3m0654 https://exploreuk.uky.edu/dips/xt73ff3m0654/data/mets.xml Arkansas Historical Records Survey (Ark.) United States. Work Projects Administration. Division of Professional and Service Projects. 1939 217 p.: ill.; 28 cm.: UK holds archival copy for ASERL Collaborative Federal Depository Program libraries.  Call Number Y 3.W 89/2:Ar 4k/no.12 books English Little Rock, Ark.: the Survey This digital resource may be freely searched and displayed in accordance with U. S. copyright laws. Arkansas Works Progress Administration Publications Archives -- Arkansas -- Cleburne County -- Catalogs Cleburne County (Ark.) -- History -- Sources -- Bibliography -- Catalogs Inventory of the County Archives of Arkansas. No. 12. Cleburne County (Heber Springs) text Inventory of the County Archives of Arkansas. No. 12. Cleburne County (Heber Springs) 1939 1939 2019 true xt73ff3m0654 section xt73ff3m0654 1 uxamewig..'v'2tifiwwww1ay _.* 1" , -

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i

 INVENTORY OF THE COUNTY ARCHIVES
OF ARKANSAS
Prepared by
The Historical Records Survey 7 ‘
Division of Professional and Service Projects ,~ .
Works Progress Administration
No. 12. CLEBURNE COUNTY (HEBER SPRINGS) , ‘
Little Rock, Arkansas
The Historical Records Survey
March 1939

 i“
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The Historical Records Survey .
$9; Luther H. EVanS, National Director
I Robert L. Baugh, State Director
3,:
‘ lfl Division of lérofeSSional and Service Projects _
' ’33
1, Florence Kerr, Assistant Administrator
, It“ Dot Kennan, State Director
t;
I: WORKS PROGRESS ADMINISTRATION
F. C. Harrington, Administrator
of; Floyd Sharp, State Administrator
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’ "r

 FOREWORD

The Inventory of the County Archives of Arkansas is one of a
number of bibliographies of historical materials prepared throughout
the United States by workers on the Historical Records Survey of the
Works Progress Administration. The publication herewith presented,
an inventory of the archives of Cleburne County, is number 12 of the
Arkansas series.

The Historical Records Survey was undertaken in the winter of
1935-36 for the purpose of providing useful employment to needy un-
employed historians, lawyers, teachers, and research and clerical
workers. In carrying out this objective, the project was organized
to compile inventories of historical materials, particularly the
unpublished government documents and records which are basic in the
administration of local government, and which provide invaluable
data for students of political, economic, and social history. The
archival guide herewith presented is intended to meet the require-
ments of day-to—day administration by the officials of the county,
and also the needs of lawyers, business men, and other citizens who . .
require facts from the public records for the proper conduct of their
affairs. The volume is so designed that it can be used by the his-
torian in his research in unprinted sources in the same way he uses
the library card catalog for printed sources.

The inventories produced by the Historical Records Survey at-
tempt to do more than give merely a list of records ~— they attempt
further to sketch in the historical background of the county or other
unit of government, and to describe precisely and in detail the or-
ganization and functions of the government agencies whose records
they list. The county, town, and other local inventories for the en-
tire country will, when completed, constitute an encyclopedia of lo—
cal government as well as a bibliography of local archives.

The successful conclusion of the work of the Historical Records
Survey, even in a single county, would not be possible without the
support of public officials, historical and legal specialists, and
many other groups in the community. Their c00peration is gratefully
acknowledged.

' The Survey was organized and has been directed by Luther H.
Evans, and operates as a nation-wide project in the Division of
Professional and Service Projects, of which Mrs. Florence Kerr, As-

, sistant Administrator, is in charge.

F . C . HARRINGTON
Administrator

 PREFACE
The Historical Records Survey, a nation-wide project initiated in
January 1956 as a division of the Federal Writers' Project, WPA, became
an independent part of Federal Project No. 1 in Nevember 1936. The head-
quarters of the Survey is in Washington, D. 0.; the National Director is
Dr. Luther H. Evans. Principally, it is the purpose of the Survey to
prepare bibliographical guides for researchers and other interested per-
sons to the great masses of unpublished historical materials in the na-
tion. An initial step in this direction has been the Survey's work in
the preparation and publication of inventories of county records. This
phase of the program has provided the chief occupation, up to this time,
of the Historical Records Survey in Arkansas.
In Arkansas, the Survey was organized in March 1936 under the di-
rection of Mrs. Bernie Babcock, State Director of the Federal Writers'
Project. In October 1936, it was separated from the Federal Writers'
Project and Howard Reed was appointed State Director. On November 2,
1938, Robert L. Baugh succeeded Mr. Reed. ‘
When completed, the Inventory 9: the County Archives 33 Agkansas
will include 75 units, one volume for each county in the state. Each
unit will be numbered according to its position in an alphabetical list
of the counties. Thus, this inventory of the Cleburne County archives
is No. 12, though it is the first volume published by the Survey in Ark-
ansas. ‘
The Cleburne County survey began in the courthouse at Heber Springs,
the county seat, on January 17, 1937, and the initial field work was com-
pleted March 21, 1937. The original field workers were Mrs. Maude Dand-
ridge and Miss Lonnie Turney. A recheck, started September 16, 1938, and
ended March 9, 1939, was made by Miss Gladys West and Mrs. Mamie T. Stark.
For the completeness and accuracy of this inventory, the four field work-
ers are responsible. Essays were written and final editing was done by
the state office staff. Courteous and valuable assistance was given the
field workers by the officials and other citizens of Cleburne County.
State office researchers received much help from persons in Little Rock,
particularly officials in the Little Rock Public Library, the library of
the Arkansas State History Commission, and the Arkansas Supreme Court
_ Library. The general progress of the Survey in Arkansas has been facili-
. tated by the friendly cooperation of Floyd Sharp, State Administrator of
' the Works Progress Administration, and Mrs. Dot Kennan, State Director of
Professional and Service Projects, WPA. John C. L. Andreassen, Regional
: Supervisor of the HistoriCal Records Survey, gave invaluable assistance
»I in making the final reading of the manuscript of the Cleburne County in-
ventory. The recheck and editorial work was under the direct supervision
‘ of Arthur Halliburton, State Editor.
1

 Preface
In this inventory, titles of records are arranged under the office

of origin and by subject; in the chronological index, record entry numbers
are arranged chronologically by decades; in the subject indei, they are '
arranged alphabetic 11y, with cross references. Frecedjnr the record en-
tries for each office is a brief essay on the historical evolution. T"win“—
tions, and records of the office. Several general introductory essays
are to be found in the forepart of the book.

Robert L. Baugh

State Director

Historical Records Survey
Little Rock, Arkansas
March 9, 1939

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(‘.UEBUFHJL' COUNTY COURTHOUSE, HEBER SPRINGS, ARK. ,

 TABLE OF CONTENTS
A. Cleburne County and its Records System
Page
l. Historical Sketch . . . . . . . . . . . . . . . . . . . 4
2. Govorunentul chanizaiion and Records System . . . . . 12
Chart of Counay C vernuunt , r . . . . . . . . . . . 32
3. Housing, Care. and Accessibility of the Records . . . . 33
Courthouse Floor Plan . . . . . . . . . . . . . , . 55 ‘
4. Abbreviations, Symbols, and Explanatory Notes . . . . . 37
B. County Offices and their Records
I.CountyCourt..................... 4o
Circuit Clerk as County Clerk. Case Peters;
Docket; Proceedings; Financial; Assessments (real
and personal); Collections (tax receipts); Voters;
Elections; Delinquent Lands: Land Sales; Certifi—
cates of Purchase; Redemption; Tax Deeds; School
Lands; MarriaoeS' Co orationS' Livestock; Doctors;
b) 3
Pistols; Pensions. ‘
ll. Circuit Clerk as Recorder . . . . . . . . . . . . . . . 63
Real Property; Personal Property; Lis Pendens,
Liens, and Leases; Powers of Attorney; Officials'
Bonds and Commissions; Ministers; Army and Navy
Discharges.
III. Circuit Court . . . . . . . . . . . . . . . . . . . . . 71
Official Stenographer; Circuit Clerk. Case pa-
pers; Dockets; Inquisitions; Juries; Indictments;
» Proceedings; Judgments; Executions; Financial;
Naturalization.
' IV.JuryComm-isaion.................... 8'7
Grand and Petit Juries.

 l g .
Table of Contents
V. Chancery Court . . . . . . . . . . . . . . . . . . . . 91
Circuit Clerk as Chancery Clerk. Case Papers;
Dockets; Proceedings: Judgments; Chancery Commis-
sioner's Deeds.
VI. Probate Court . . . . . . . . . . . . . . . . . . . . . 99
County Clerk as Probate Clerk. Case Papers;
Rocket; Wills; Bonds and Letters; Inventory and
Appraisement; Claims and Sales; Accounts Current; .
Proceedings; Financial.
VII. Juvenile Court . . . . . . . . . . . . . . . . . . . . 108
County Clerk as Juvenile Clerk. Proceedings,
VIII. Justices of the PeaCC . . . . . . . . . . . . . . . . . 111
Lockets and Proceedings.
IX. Prosecuting Attorney . . . . . . . . . . . . . . . . . 115 ' l
X. Sheriff . . . . . . . . . . . . . . . . . . . . . . . . 118
.Jail Record and Fees. ‘
XI. Coroner . . . . . . . . . . . . . . . . . . . . . . . . 123 .
III. Constable . . . . . . . . . . . . . . . . . . . . . . . 127
XIII. Quorum Court . . . . . . . . . . . . . . . . . . . . . 130
County Clerk as clerk of Quorum Court. Appro—
priations;'Proceedings; Reports of Cfficcrs.
XIV. Tax Assessor . . . . . . . . . . . . . . . . . . . . . 134
XV. County Board of Equalization . . . . . . . . . . . . . 142
XVI. Tax Collector . . . . . . . . . . . . . . . . . . . . . 147
XVII. County Treasurer . . . . . . . . . . . . . . . . . . . 153
Financial; Teachers' Contracts.
XVIII. County Board of Election Commissioners . . . . . . . . 159 _
1

 -3-
Table of Contents

XIX. County Examiner of Schools . . . . . . . . . . . . . . 165
Teachers' Licenses; Reports and Records; Papers.

XX. Health Unit . . . . . . . . . . . . . . . . . . . . . . 171
Crippled Children; Miscellaneous Records.

.XXI. County Board of Public Welfare . . . . . . . . . . . . 175
Case Records; Pensions; Applications; Financial.

XXII. County Surveyor . . . . . . . . . . . . . . . . . . . . 179
Plats with Land Descriptions.

XXIII. County Library Board . . . . . . . . . . . . . . . . . 183 ‘
Membership; Catalogs; Reports.

XXIV. Agricultural Extension Service Agents . . . . . . . . . 185 ‘
Correspondence; Applications; Contracts; Enr011~ .,
ment Bulletins.

Appendix . . . . . . . . . . . . . . . . . . . . . . . 191 ‘
Bibliography . . . . . . . . . . . . . . . . . . . . . 197
ChronologicalIndex.................. 201 3
Alphabetical Index . . . . . . . . . . . . . . . . . . 203

 -4-
1. HISTORICAL SKETCH

Cleburne, Arkansas's youngest county, was created February 20, 1883
(A, Agk., 1883, 40). It was named for Gen. Patrick R. Cleburne, who en"
tered the Confederate service in 1861 as colonel of the First Arkansas
Infantry and attained the rank of major general (Dallas T. Herndon, gen-
tennial History 2: ArkanSas, 4 vols., Chicago, Little Rock, 1922, I, 742).
The boundaries given the new county cut into Independence, Van Buren, and
White Counties, with Van Buren contributing the largest segment of land
(A, Agk., 1883, 40).

In 1930, the county's pOpulation was 11,373 (Fifteenth Census of the
United States, 1930, Populatigp, III, “fishington, 1932, 214); the land
area was, and is, 619.8 square miles (Arkansas Geological Survey, "Digest
of Topographical Mapping in Arkansas", 1935, 25 pp., p. 2, typed, files,
ArkanSas GeologiCal Survey, Little Rock); thus the population density per
square mile was 18.35 persons. The assessed valuation of property in the
county is $1,446,623 ("Abstract of Tax Books, County Clerks", 1937, Ark-
ansas Corporation Commission, Little Rock).

The law creating the county established its boundaries, which have
remained the same, as follows: "Beginning at the northeast corner of
township twelve (12) north, and range eight (8) west of the fifth (5th) ‘
principal meridian, running thence west to the northeast corner of sec-
tion two (2), township twelve (12) north, range twelve (12) west, thence .
south to the southwest corner of section thirty—five (35), township nine
(9) north, range twelve (12) west, thence east to the southeast corner
of section thirty-three (33), township nine (9) north, range eight (8)
west, thence north to the center of the main channel of Little Red River,
thence down the main channel of Said river to the line dividing ranges
seven (7) and eight (8), thence north to the place of beginning." The
same act made the town of Sugar Leaf (the original name of Heber Springs) *
the temporary county seat and instructed the sheriff of Van Buren County
to announce an election to be held the following May 7 for the selection
of a permanent county seat and of a representative to the General Assem—
bly "and all other officers neceSSary for the organiZation of said county
of Cleburne." (A, Ark., 1883, 40.)

Pending organization of the new county, the clerk of the circuit
court of Van Buren County was authorized to receive and keep for it bonds
or other written obligations of any person or persons who had promised
buildings or other valuable things to the county on the condition that
the county seat be located at a Specified place (A, A;k., 1883, 43, 44).

The first officers of Cleburne County, serving the short term until
the next regular election in 1884, were W. C. Ward, judge; T. J. Andrews,
clerk; S. J. Morton, sheriff; T. J. Majors, treasurer; James Arnett,
coroner; C. A. Sales, surveyor, and J. C. Barnes, assessor (Fay Hemp—
stead, A_§l£tprial History gf_Arkansas, St. Louis, New Yerk, 1890, 1183).

The territory now comprising Cleburne County, and, indeed, all the
present area of Arkansas above the Arkansas River, was held by the Osage
Indians prior to the Osage treaty of 1808, when that nation ceded to the

 -5-
Historical Sketch (First entry, p. 52)
United States all its northern Arkansas lands except a comparatively
small portion in the extreme northwestern corner, in what are now Benton,
Washington, and Crawford Counties. Previous to that time the Osage had
been the richest of all the Indian nations. Their cession virtually was
forced upon them by the United States as a punitive measure for their de-
predations on white settlers. No sooner had the Osages departed than
Cherokees in Tennessee were petitioning the government for a part of the
vacated lands. They already were familiar with the area. Before the
turn of the century, a group of them led by a chief called "The Bowl",
otherwise "Colonel Bowles", had come into Arkansas to escape punishment
for their participation in the Muscle Shoals massacre. They lived in the
St. Francis River swamps in the northeastern section of Arkansas and re—
turned to Tennessee when the blame for incitement of the massacre was
placed on white men and the Indians exonerated. In the Tennessee settle-
ment, however, there develOped a wide difference of desire regarding trib—
al policy, those in the "Upper Town", the majority, desiring to remain
where they were and engage in agriculture, and those in the "Lower Town”
preferring to move to Arkansas and occupy themselves chiefly as hunters.
To resolve this difficulty, they appointed a deputation to call on Presi—
dent Jefferson. The delegates arrived in Vhshington with petitions in
the fall of 1808 and on January 9, 1809, received President Jefferson's
promise that suitable arrangements would be made to satisfy both factions.
The President authorized the proposed emigrants to explore and settle in
the country on the Arkansas and “Mite Rivors, "and the higher up the bet—
ter, as they will be longer unapproached by our settlements, which will
begin at the mouths of those rivers." The United States agreed to take ‘
in exchange a "just portion of the land they had left." The boundaries ‘
of the tract selected by the Cherokees were only loosely defined, and bad
feeling arose between the Indians and the white settlers who encroached ,
upon what was regarded as an Indian reservation. In October 1815, the
aborigines appealed to President Madison that they be given a definite ‘
tract of land and that action be taken.by the Federal government to pre—
vent white people from coming among them, but it was not until July 8,
1817, that a treaty was made effecting those ends. By the terms of that ’
agreement, the United States, in exchange for lands of equal extent re-
ceived and to be received from the Cherokee Nation cast of the Mississip—
pi, gave the Arkansas Cherokees an exactly defined tract of land north
of the Arkansas River and west of the White, embracing all land that is
now Johnson, Newton, Pope, Searcy, and Stone Counties and parts of the
present Franklin, Marion, Van Buren, Conway, Boone, Cleburne, Crawford,
and Madison Counties. (Herndon, Coptennial_gistgry, I, 63.} Thus the
Cherokees gained ownership of nearly all of Northwest Arkansas. On May
6, 1828, they ceded this territory bacl to the United States in exchange
for 7 million acres in the Indian Territory (ibid., I, 71).
_ It has been Said that it was while the Cherokees occupied Arkansas
, that their Chief Sequoyah completed his alphabet for the tribe's langu-
age and taught others of the tribe the mystery of the "talking leaf."
It is known that four, including Sequoyah, of the seven chiefs who signed ,
the treaty of 1888 wrote their signatures in the characters invented by
Sequoyah. (Charles C. Little and James Brown, Egeatie§_petween the
United States and the Indiaanribes, ed. Richard Peters, Boston, 1846,
VII, 311.5 In what is now Cleburne County, the Cherokee possession .

 _ 5 _

Historical Sketch , (First entry, p. 52)
included the land north of a line drawn from the northeast corner down—
ward to a point on the western boundary about six miles above the south-
west corner, or about half the area of the county (G. B. Sandage and Ben
F. Allen, map, Cleburne County, Heber Springs, Ark., 1923, in surveyor's
office, Cleburne County courthouse).

The first deed of record affecting title to land which obviously
was in what is now Cleburne County was made between William Stanley and
his wife, Catherine, of the one part, and William DrOpe, of the other.
This instrument, which may be found in the Pulaski County courthouse, was
executed on June 8, 1820. In conveying title, and power of attorney, to
DrOpe, it sets forth that the property was first settled, inhabited, and
cultiVated by John Stanley, Sr., that it was "a certain improvement con-
taining about thirty acres of cultivated land with houses" on the Little
Red River at a point west of the site now occupied by Heber Springs on
the rOad, or trace, from Cadron, on the Arkansas River, to Poke Bayou, on p
the White River. The deed declared that Stanley had occupied and culti—
vated the land prior to April 12, 1814, and had continued to reside in
the Territory of Missouri, which included what is now the State of Ark—
ansas, until after that day. In effect, Stanley was a squatter, his
land having been obtained merely by the process of occupation, but this,
by provisions of acts of Congress, gave him or his legal representative ~
preference in becoming purchaser of the land and its improvements from
the United States. The Stanley—Drops deed and power of attorney convey—
ed to Drope Stanley's pre—emption right. The consideration given by
DrOpe was $1,500. ("Deed Record", vol. A, 129—155, Pulaski County court—
house.) } ,

The Stanley farm must have been unusually fertile and highly im—
proved, to bring this price merely for the right of purchase. Either
that, or there soon was a considerable fluctuation in land values, for t
we find in a deed made in 1825 that a military bounty tract of 160 acres
was relinquished by the owner for $2.40, the amount of delinquent taxes
accrued over a three—year period. ("Deed Record", vol. E, 169 ff., ‘
Pulaski County courthouse.)

One of the first buyers of land in the area was James Miller of New
Hampshire ("Deed Record", vol. E, 29, Pulaski County courthouse), who
later was appointed governor of Arkansas (Jim B. Higgins, Biennial Be— .
port ef the Secretary A; State, 1925-26, Arkansas, Russellville, Ark.,
n. d., 121). The land Miller bought was the military bounty of a veter-
an of the War of 1812. A deed executed March 11, 1824, in Maine by
William Elwell, Jr., "late a priVate in Marston's company of the Thirty-
first Regiment of Infantry in the late Army of the United States", in
consideration of the payment of $50 gave Miller title to 160 acres, de—
scribed as the northeast quarter of section 12 of township 10 north in

- range 11 west ("Deed Record", vol. E, 29, Pulaski County courthouse).

The history of Cleburne COunty, and of Heber Springs, the county
seat, is, to a considerable degree, part of the biography of Max Frauen-
thal, a man the creators of Cleburne had in mind, no doubt, when they
mentioned in the law "any person or persons who have promised buildings"
(of. "Record of Official Bonds", vol. 1, 29-52; see entry no. 72).

 _ 7 _
Historical Sketch (First entry p. 52 )

Frauenthal, an immigrant from Germany, where he served an apprentice-
ship in the furrier's trade, landed at New Orleans in 1851. During the
Civil War he served in the Confederate Army of Northern Virginia, in which
he Was cited for "gallant and meritorious service" and rose from the ranks
to a colonelcy. In 1871 he settled in Conway, Faulkner County, Ark.,
where he became wealthy as a cotton buyer and general merchant. In 1880,
before there was any town at what is now Heber Springs, Colonel Frauenthal,
whose military title still clings to his name, purchased a tract of nearly
700 acres in Van Buren County and the following year began laying out the
town that became, first, "Sugar Loaf", and then "Heber Springs." (Fay
Hempstead, Historical Review 2§_Arkansas, 3 vols., Chicago, 1911, III,
1653, 1654.) In this venture he had a few associates, whom he soon bought
out, but he contributed more than half of the $10,000 paid the owner
("Transcription of Deeds Van Buren County", vol. 2, 374-376; see entry no.
52). The tract was on the Little Red River, two miles west of imposing
Sugar Loaf Mountain and approximately 56 miles north of Little Rock, the
state capital (Arkansas Highway Commission, foicial Highway Service Map,
Little Rock, 1937).

Besides planning the town, the laying out of which was completed in
1883, Colonel Frauenthal busied himself with mustering support for the
creation of the new county of Cleburne. When the latter object was con-
summated Colonel Frauenthal donated to the county a courthouse and a
jail, together with the land on which they stood. He retired from the
mercantile business in 1900, and in 1909 he built a residence at Heber
Springs (Hempstead, Eistgrigal Review, III, 1653, 1654), where he lived
until his death on March 8, 1914 (ArkanSas gagette, Little Rock, March ‘
10, 1914). The mineral springs on the land, which he believed to be
highly valuable for their medicinal properties, were what interested
Colonel Frauenthal in promotional activities there (Hempstead, Histori-
gal_ngigw, III, 1653). g

These springs, in what is now Known as Spring Park, are on land'
which belonged to John T. Jones of Phillips County when Colonel Frauen— ‘
thal and his associates made their purchase in 1880 ("Deed Record", vol. .
7, 275—280; see entry no. 53). Jones, together with two associates
whose shares he later obtained, bought the land with the object of es—
tablishing a spa. "The Arkansas White Sulphur Spring Company, in Van
Buren County", which then consisted of Jones and his two fellow land—
owners, was incorporated by an act of the General Assembly in 1838. The
legislators averred that the promoters' object of making the locality
"a convenient and healthy resort for the good citizens of ArkanSas" was
laudable and described the projected development as a "healthful, com—
modious, and elegant watering place." The act provided that the capi-
tal stock of the corporation should consist of 500 shares of $100 each
and gave the directors the power to increase the number of shares to
1000. (A, Ark., 1838, 42, 43.)

Jones acquired the last of his partners‘ holdings in 1851 ("Deed
Record", vol. 7, 275—280; see entry no. 53) and, finally abandoning his
project, sold his 680 acres, with the reserVation of an acre near the
springs and the right for himself, his family, and legal representatives

' to the free use of the waters, in August 1881 to Max Frauenthal ("Trans—
cription of Deeds Van Buren County", vol. 2, 862-364; see entry no. 49). '

 _ 8 -
Historical Sketch (First entry, 1'), 52)

Heber Springs was named after Heber Jones, son of the John T. Jones
mentioned above. The original name, Sugar Loaf, was inspired by the
proximity of nearby Sugar LOaf Mountain, which is capped by a striking,
rectanglar mass of stone. This name was discarded in 1910 when it was
learned that it had already been given to a town in the western part of
the state ("County Court Record”, v01. 5, 429, 430, order dated April 4,
1910; see entry no. 5).

With the abolition of slavery, the Negro population of Cleburne
County diminished. Almost all residents are white and of native parent~
age (Fifteenth Census of U. S., Populatign, III, 214). Early landowners
in what is now Cleburne County included William E. Whodruff, of New Ybrk
State, founder of the Arkansas Gazette, the state's oldest newspaper;
Joshua Cox, of Alabama ("Deed Record", vol. I, 332, Pulaski County court—
house); William Russell, of Missouri ("Deed Record", vol. B, 65, Pulaski
County courthouse); Sam H. Duffy, of North Carolina ("Deed Record", vol.
E, 89, Pulaski County courthouse); Asa Fifield, of Sault de Ste. Marie,
Territory of Michigan ("Deed Record", vol. E, 52, Pulaski County court-
house), and Nicholas Peay, of Li