Showing posts with label Edwin Pearse. Show all posts
Showing posts with label Edwin Pearse. Show all posts

The Browne School: Property Transfers and Transactions

 Property Transfers and Transactions Involving the Browne School 

Milan Township, DeKalb County, Illinois


1847/1848 - United States Government & Silas J Wright

1853 - United States Government & Richard Pierce

1855 - Edwin Pearse & Richard Pearce

1857 - Elisha A Wright & Edwin Pierce

1869 - Richard Pearce & The School Trustees of the town of Milan, County of DeKalb and State of Illinois

1953 - The Trustees of Schools of Milan Township & Joyce (Aska) Faivre and Joseph Faivre Jr 

1954 - Joyce (Aska) Faivre and Joseph Faivre Jr & Helen Jeanette (Cook) Aska and Ronald Aska

1962 - The Prudential Insurance Company of America & Helen Jeanette (Cook) Aska and Ronald Aska

1965 - The Prudential Insurance Company of America & Helen Jeanette (Cook) Aska and Ronald Aska

1965 - Helen Jeanette (Cook) Aska and Ronald Aska & Donna and Kenneth Finnestad

1965 - Margaret (Olson) Cummins and Leonard Cummins & Donna and Kenneth Finnestad

1972 - Margaret (Olson) Cummins and Leonard Cummins & Donna and Kenneth Finnestad

1999 - Donna and Kenneth Finnestad & Arthur L Alberts





November 6, 1869 - Indenture

Eleven months following the purchase of land adjoining the property on which the Browne school was located, an indenture was filed on November 6, 1869.

November 6, 1869 Indenture

Edwin Pierce* paid $500 to his father, Richard Pearse resolving a mortgage dated March 16, 1858.    I do not have a copy of that mortgage but according to this indenture document, it is located in Book 13 of mortgages, page 338.   If anyone obtains a copy of the original mortgage, please let me know in the comment section.    

What makes this document unusual is that the outstanding debt was not resolved and filed prior to Richard Pearse selling the property to James Lock in February of 1869.     By today's standards, Mr. Lock would not have had clear title to the property at the time of purchase.

A secondary issue that remains unanswered is why would Edwin take out a mortgage on a property 3 years after he had already transferred the property to his father?    Documents are missing between these transactions which would explain the sequence of events.   Again, if anyone can track down the transactions involving the 'South West Quarter (SW 1/4) of Section One (1) Township Thirty Nine (39) North of Range Three (3) East of the 3rd Principal Meridian" that I have not posted (between the years 1853 and 1869), please contact me by posting a comment.



*The Pearse family changed the spelling of their name to Pierce.

February 16, 1857 - Land Warrant

On February 16, 1857 a land warrant originally obtained by Silas J Wright was transferred to Edwin Pearse by Silas' father, Elisha A Wright following the death of Silas during the Mexican-American War.     This transfer contained the property defined as 163 28/100 acres of the southwestern fractional quarter of Section 1 of Township 39, Range 3 east.

Land Warrant

The original warrant between the United States government and Silas Wright is numbered 78836; I have not been able to track down the original.   The date of that warrant would be any time after February 11, 1847 and prior to the death of Silas J Wright on September 19, 1848. 

A copy of the original patent (below) transferring the property to Edwin Pearse from Silas Wright was typed and filed with the Department of the Interior General Land Office.

Patent record
Silas was born either in 1826 or 1827 in Pittsylvania county, Viginia and enlisted in the Army during the Mexican-American War on May 29, 1847.   He was a private in Company 'F', first regiment and died at the General Hospital in East Pascagoula, Jackson County, Mississippi.

Descriptive and Historical Register of Enlisted Soldiers of the Army 1798 - 1914. 
Silas is listed above on line 161 of the Army register of enlisted soldiers.

Register of enlistments for during the War with Mexico under the Acts approved January 12th and February 11th 1847

Silas is listed above on line 798 of the register of enlistments.   

Neither Silas, nor his father, Elisha lived in Illinois.    Elisha was also born in Virginia and died in Rockingham county, North Carolina on December 1, 1858 just over 21 months after transferring the property over to Edwin Pearse. 

The property would have been obtained due to Silas' enlistment and service in the military, though the date of the transfer to Edwin Pearse is unusual as Edwin had already transferred his interest to his father, Richard Pearse on December 15, 1855.   

DeKalb County Tract Index

The DeKalb county, Illinois County Tract Index indicates the property was transferred to Edwin Pearse from the United States, President Franklin Pierce in 1857.    Another document must exist dated between September 19, 1848 and December 15, 1855 that verifies the property transfer from Silas Wright to Edwin Pearse.

An explanation of the process of acquiring unsettled land can be found on the Joiner History Room website.     Should the website link fail, here is their synopsis of the process:

In the early 1800’s, the U. S. government regarded all unsettled land as “public land” under their control.  They created the General Land Office (GLO).  In turn, the GLO created district offices to facilitate the sale of these lands.  In Illinois ten district offices were established.  The office in Dixon handled DeKalb County.  Each office had a commission consisting of two men to (1) sell the land, (2) receive the money from the sale, (3) record all transactions and (4) settle any disputes.  On September 28, 1850 congress passed a law, An Act Granting Bounty Land to Certain Officers and Soldiers Who Have Engaged in the Military Service of the United States. Summarizing the act, it allowed “certain classes of persons in the military service during the war of 1812, the war with Mexico, or Indian wars, or their widows or minor children entitled to lands, in proportion to certain periods of service.”  To receive the land, the soldier had to go through a several step process.  First, he had to apply for a bounty land warrant essentially proving that he was entitled to this land.  If the warrant was granted (usually a lengthy process), he then had to apply for a land patent.  Warrants could not legally be sold, but land patents could be sold.  He could choose from land made available in Arkansas, Illinois and Missouri.  By the time this Act became law, a great deal of the former soldiers in these wars had aged or had no interest in settling on the land.  The patents would be sold to other individuals or businesses that made money by reselling the patent.

Based upon the explanation above, Silas would not have qualified for a land warrant under the September 28, 1850 law as he did not have a spouse or minor children and his death preceded the passage of the new law.   Silas would have acquired the land warrant as an enticement to enlist in the Army during the Mexican-American War.

The DeKalb County Tract Index does indicate the transfer from the USA to Edwin Pearse was  a patent, the second process in the 1850 law.

December 15, 1855 - Warranty Deed

The first document I have encountered transferring the portion of the property where the Browne school would eventually be built was dated December 15, 1855.   This warranty deed transferred the property from Edwin Pearse to his father, Richard Pearse.




The property was purchased by Richard for $355.77 transferring 3 plots of Section 1 of Township 39, Range 3 east:

- 163 28/100 acres of the southwest 1/4
- 80 50/100 acres of the east 1/2 of the northwest 1/4 
- 40 83/100 acres of the west 1/2 of the northeast 1/4

The southwest corner of the first plot listed above would be carved out for the Browne school.   The legal description of that portion of land would be defined as:

The West 12 rods of the South 10 rods of the Southwest Quarter of Section 1, Township 39 North, Range 3, East of the Third Principal Meridian in DeKalb County, Illinois, also described as follows:  Commencing at the corner stone of the Southwest corner of Section 1, Township 39 North, Range 3 East of the Third Principal Meridian, and running thence East 12 rods; thence North 10 rods; thence West 12 rods; thence South 10 rods; to the place of beginning, situated in the County of DeKalb and State of Illinois.