USA > West Virginia > Summers County > History of Summers County from the earliest settlement to the present time > Part 25
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The United States marshal has headquarters here, with one deputy, and it is a central point from which to operate that depart- ment of justice in this whole region of the State, a territory of more than 5,000 square miles. The railway company has more than a millon dollars invested in the Hinton yards, tracks, etc.
There are twelve public roads running into Hinton from the surrounding country, with four public ferries. There have been located the roads for two railways leading from Hinton up New River to the mouth of East River, at the junction of the county lines for Mercer, Monroe and Summers, West Virginia, and Giles
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County, Virginia, a distance of thirty-five miles, and the right-of- way secured and paid for by the Norfolk & Western and the Hin- ton & Northwestern Railroad Companies; and it is also the central point for the large commercial interests in the New River Valley, and a large amount of lumber, staves and merchandise are trans- ported down that river to this place. More than 6,000 freight cars pass over the yards, both east and west each month, handling more than 700,000,000 pounds of freight. The company employs a thou- sand men at this point, with a monthly pay-roll of more than $50,000.00. There is now on deposit in the Hinton banks about $1,000,000, showing the thrift, saving and economy of the citizens of this county. There are now twelve lawyers located here, three weekly newspapers and two daily newspapers-"The Independent Herald," weekly and daily; "Hinton Leader," weekly; "Daily News," and the "Summers Republican," weekly. To show the en- terprise and public spirit of the county court and its citizens, we reproduce a copy of an order entered concerning the location of a government building at this place.
A few facts about the city were gotten out in pamphlet form, with a view to securing the erection of a United States Custom House at this point in 1906, by Messrs. E. C. Eagle, chairman ; A. R. Heflin and James H. Miller, committee.
HINTON HARDWARE COMPANY.
The Hinton Hardware Company is the second pioneer whole- sale and jobbing establishment organized in Summers County. It is a joint stock company, chartered under the laws of the State of West Virginia, on December 26, 1901. Its first officers were, James H. Miller, president; James H. George, vice-president : A. G. Flanagan, secretary ; H. Ewart, treasurer. The first board of directors consisted of James H. Miller, L. E. Johnson, A. G. Flan- agan, H. Ewart and J. C. James.
The present officers are, James H. Miller, president; J. W. Ruff, vice-president; James H. George having resigned and re- moved to Wyoming County; A. G. Flanagan, secretary, and H. Ewart, treasurer. The present board of directors are, James H. Miller, J. W. Ruff, L. E. Johnson, A. G. Flanagan. H. Ewart. J. C. James and W. J. Nelson.
The first general manager was L. P. Graham, who took charge of the business at its organization. March 1, 1902, with Fenton H. Miller in charge of retail department. Mr. Graham retained
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HISTORY OF SUMMERS COUNTY, WEST VIRGINIA.
the management until January 1, 1903, at which date he declined further election, and Fenton H. Miller, of Gauley Bridge, was made general manager, retaining the management until January 1, 1905, at which date he resigned to become the cashier of the Bank of Gauley, at Gauley Bridge, West Virginia, and at which time W. J. Nelson, the present manager, was elected. The salary paid the first manager was $100 per month, the second manager, $100 per month, and the present manager, $150 per month.
The business has steadily grown. At its organization it bought out the retail establishment of L. P. Graham, and operated it until during the year 1904, both a retail and jobbing department. In 1905 it disposed of its retail establishment to the Summers Hard- ware Company. In 1905, it constructed its first warehouse, an iron building, four stories, 45 feet in width by 190 feet in length, and carries a stock of about $30,000 in goods. The prospects for the future of this establishment are encouraging, it having passed the breakers in its financial existence. W. J. Nelson, of Roanoke, Virginia, is the present general manager; its bookkeeper being H. L. Johnson ; first salesman ; Joseph Roles, Ira Leftwich, Brent Dabney and John Lilly: first bookkeeper James Johnson.
It first occupied rooms on Third Avenue, before the erection of its present handsome quarters. It deals in all character of hard- ware and merchandise incident to the hardware trade. Its terri- tory is now principally Summers and parts of Raleigh, Monroe, Greenbrier and Pocahontas.
CHAPTER XIV.
LAND TITLES.
Land was abundant and cheap in the early days of Summers County, and the commonwealth was originally generous in land grants to settlers, and unwisely generous as to companies. There was little formality. As before stated, the pioneer located on such land as suited him, and looked after the title later. They simply took up what was called the "Tomahawk Right," or "Corn Title," which was in law no legal title whatever, but. by proper attention, these rights could be converted into legal titles, as herein shown, and the settler was given a grant. Frequently the pioneer took up his claim near a spring, and would deaden some trees, and with his tomahawk place his initials on the skin of a tree. This done, the commissioners of the government would come along later, see who claimed the land, and these evidences of the settler's rights were respected unless he claimed title to too much. After laying his claim thus, he would plant a patch of corn, and thus grew up the fashion of claiming land under what was known as the "corn title." Under these arrangements as much as 400 acres could be taken up, and a claim by pre-emption to 1,000 acres more adjacent. The certificate given to the settler by the government representative would be sent in to Richmond, and if there was no other claim in six months, he would be given his grant, the good locations always being secured first, the land being so cheap the pioneer was more of a hunter than a farmer, and the foundation of much litigation was laid in the early days, and from which later a rich harvest fell to the part of the counsellor at law. In many instances the settler, having secured a claim. would sell his rights and the grant would be issued to the assignee, as will be noted from many of the old patents. They were granted, not to the original settler, but to his assignee. After the Revolutionary War what were known as Land Warrants were issued for a given num- ber of acres, and the party holding this warrant could go and locate it wherever he pleased, and they were frequently sold and assigned a number of times before a grant would be issued.
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HISTORY OF SUMMERS COUNTY, WEST VIRGINIA.
Persons grew wealthy trading in land warrants, for large tracts from twenty to many hundred thousand acres, and then selling these rights at speculative prices. The most of the land east of the Alleghenies was granted by the King of England, which were known as "Crown Grants." There are a very few crown grants west of the Alleghenies, and none of which we have any evidence within the territorial limits of Summers County. The United States Government never held any title to a foot of ground therein.
Lands in all this region were very cheap at the time of the early settlers; any adventurer could secure a title to a large or small boundary, as he saw proper. The first settlers usually took up and located the fertile bottoms and level lands along the streams, which they considered worth paying taxes on. No formalities were re- quired ; the pioneer squatted on what he desired, and procured title at his convenience afterwards. The "tomahawk" or "corn title" was considered the best, although it amounted to no title at law, but usually grew into a good title in time. The man who located on his selection cleared out a patch of ground, and immediately raised some corn, after deadening a few trees. The man who raised the first hill of corn on a given tract was understood to be the owner of the ground, so he did not claim too much-the maximum being 400 acres by the "corn title"-and he might be entitled to 1,000 acres adjoining, provided he proved his "corn title" claim by build- ing a residence and proceeding to farm it. The residence was usu- ally a log cabin. The representative of the government visited the different settlements once in awhile, secured proof of the "corn title." issued his certificates to the squatters. These certificates were later sent in to the governor at Richmond, who issued his "grant" or "patent" from the Commonwealth. It will therefore be observed that the pioneer easily secured his "squatter's rights"; the same then merged into a settler's claim, and later a grant from the Commonwealth by its governor, under the great seal of the State. These were always written on parchment made from the dressed skins of some small animal. The poor land was always refused until the fertile land had all been taken up; and, observing the dates of the various patents as they were issued from the Common- wealth, all of the bottom lands and level lands in this region were taken up first, as they bear the most ancient dates, the patents of which bear an earlier date than the high, hilly, rough and barren lands. The surveys in the early days were irregular, and made in a crude, and, frequently, inaccurate, manner, and the old patents nearly all contain more acres than the grants called for. Frequently
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HISTORY OF SUMMERS COUNTY, WEST VIRGINIA.
the surveys would interlock. Later, lands were taken up by land office warrants: after these had remained on file a certain time a grant would be issued; later, many patents were secured without any actual survey. The land-grabber or speculator would get an engineer to lay down on a piece of property without any actual survey, a tract of land sometimes containing thousands of acres, without ever going on the grounds. In this way sometimes these land titles would cover the same property, but usually the man secured actual possession and retained it-had nine points of law in his favor. There were a few, however, of the larger grants in Summers County. There were some, however, including the Henry Banks, in Green Sulphur District; Welch, in Pipestem ; McCraw's and Hollinsworth, Pollard's, and others which contained thousands of acres, but the great proportion of the territory of Summers County was taken up in comparatively small patents. We give a few instances of litigation that has grown out of the conflicting land titles in this county; but comparatively little liti- gation has arisen. All of the titles of land in this county are de- rived from the Commonwealth since it became a member of the United States. Prior to that time the grants to land titles within the territory of Virginia were from the Crown of England. After the Revolution a man bought his land warrant, located his land wherever he could find it, and frequently sold and assigned his warrant, and the patent would be issued to the assignee. The titles to the land west of the Alleghenies runs back to the Common- wealth ; the titles to the land east of those mountains were granted by the Crown of England. We know of no land in Summers County or in this region which was a Crown grant, unless a part thereof was derived from that source through the Greenbrier Com- pany, which had a grant for 100,000 acres, through John Lewis. While many of the conveyances of land titles in this county are loosely thrown together, they are usually sufficient to be readily cured, and the titles are practically perfect. No part of the lands of Summers County at any time ever vested in the United States Government. There were a few patents issued by the State of West Virginia, after its formation in 1863, but a very small and insignificant proportion, if any tract of land, could now be found va- cant in Summers County, with no one claiming the title. No grant could be secured, but it is reported as vacant and unappropriated, sold by authority of law, and the proceeds passed to the credit of the general school fund. There are also a number of other titles in the county known as tax titles. Where the owner of real estate
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HISTORY OF SUMMERS COUNTY, WEST VIRGINIA.
fails to pay the tax thereon, it is returned as delinquent for non- payment of taxes, sold by the sheriff, and the proceeds credited to the general school fund. The clerk executed to the purchaser a deed conveying the title vested in the party in whose name the land was forfeited for the non-payment of the taxes thereon.
The lands at the mouth of Bluestone were patented to the same Thomas Gatliff, as assignee of David Frazier, by grant from Robert Brook, Governor of Virginia, on the 30th day of July, 1796. J. L. Barker now resides on a portion of this grant, which consisted of 370 acres; John W. Barker on another portion; the old Charles Clark homestead and L. M. Meador's family on another portion. Thomas Meador, the father of Samuel H. Meador, at one time, and at his death owned a portion of this valuable property. He was a relative of the Packs.
The earliest land grant of which we have knowledge is for a tract of land on the mountain between the mouth of Greenbrier River and Wolf Creek. It was issued by Thomas Jefferson in 1779. The claim for the land was laid in 1772, four years before the Decla- ration of Independence.
On the seventh day of May, 1869, David Keller and wife con- veyed three of these ancient surveys to Andrew Gwinn, David Keller having derived title under the will of Conrad Keller. All of these old papers are very ancient, and are something of curiosi- ties by reason thereof.
The land titles of the whole of the county were derived from the Commonwealth by these grants, commonly known as "patents," issued by the governor. Prior to the date of the Revolutionary War the titles were derived from the Crown of England by grants from the king, but there are no Crown grants in Summers County, unless the 100,000 acres granted to the Greenbrier Company lies in this county. This grant was prior to 1776.
The "West Survey" Welch patent, of some 29,000 acres in Pipe- stem, was granted in 1795. There is now less than 5,000 acres of it intact.
The Isaac Ballengee land (Avis) was granted October 18, 1787; patent to Jean Ballengee, 13 acres, in November 22, 1800.
Rufus Pack, executor, sold to the C. & O. Railroad, December 6, 1871, for $3,600.00, the land on which Hinton is now built, at auction, and the C. & O. Railroad Company to Central Land Com- pany, January 20, 1875; Central Land Company to Wm. Plumley and E. H. Peck ; and E. H. Peck and Wm. Plumley to J. A. Parker, the various owners continuing to sell off town lots during their
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HISTORY OF SUMMERS COUNTY, WEST VIRGINIA.
ownership within the city of Hinton, and Avis Hinton to do the same in the town of Avis.
John M. Gregory issued his patent to Ephraim and J. Gwinn August 30, 1842, for twenty-one acres.
On the 31st of July, 1779, John Osborne sold to Samuel Gwinn, for five shillings, 245 acres at Green Sulphur. Samuel Gwinn con- veyed these lands to-his son, E. J. Gwinn, as a gift on the 20th of October, 1829.
Robert Withrow, who seems to have been the founder of the ancient Lick Creek family of that name, of whom John K. and Columbus Wran are now the oldest representatives living in that region, resided on and owned the farm back of the old Miller grave- yard on Lick Creek, owned by A. A. Miller at his death, and now by his son-in-law, John A. George. He purchased from one Strick- land. Robert Withrow also owned the place where John Dunbar fives, these lands having passed through the hands of Jack Smith, one of the most ancient merchants and the first who kept a store at Elton.
James Wood, Governor of Virginia, issued his letters pat- ent to James Claypool for 285 acres of land at Green Sulphur Springs on the 17th day of March, 1798. The same governor, in 1795, issued a patent to Samtiel Hollandsworth for 480 acres. Hol- landsworth was assignee of John Osborne, Henry Stockwell and James Claypool, and adjoined the John Farris patent. In 1799, John Osborne and wife conveyed. for fifty-eight shillings, to Sam- nel Gwinn, of Monroe County, 250 acres, patented of the 30th of October, 1793, witnessed by John Ball.
Samuel Gwinn was the founder of the Gwinn family, and was a Revolutionary soldier, and on this land was settled Ephraim J. Gwinn, who married Rachel Keller. He is the discoverer of the Green Sulphur Springs and father of M. and H. Gwinn.
Thomas Randolph, Governor of Virginia, issued patent to Samuel Gwinn the 1st of November. 1821, for thirty-one acres of land on Lick Creek.
James Preston, Governor of Virginia, issued patent to Jolin Duncan on the 17th of August, 1816, for 191/2 acres of land on Mill Creek, near its mouth at Green Sulphur.
James Monroe, Governor of Virginia, issued his patent to Sam- tel Gwinn for five acres of land on the 2d of December, 1800.
Henry Lee, Governor of the Commonwealth of Virginia, granted by his patent 380 acres of land to Jeptha Massey on the 15th day of August, 1794. The date of survey was the 2d of February, 1791,
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HISTORY OF SUMMERS COUNTY, WEST VIRGINIA. .
on Greenbrier River, below the lands of Samuel Gwinn at the lower end of a small island. This included the George W. Chattin place opposite Talcott, and a part of the 380 acres is now held by N. Bacon, Esq.
On the 8th day of September, 1824, James Pleasants, Jr., Gov- ernor of Virginia, granted to Sallie Graham, by patent, eighteen acres in Monroe County, on Greenbrier River, adjoining the lands of Jonathan Matthews. This is' the identical land at the falls of Greenbrier River on which Bacon's Mills are now situated and on which Fluke's mill and carding machine was burned, and was evi- dently secured for the valuable water power thereon. A mill-race was on the ground at the time the patent was issued, and is men- tioned in the description thereof. These two ancient land papers are in the hands of Mr. N. Bacon.
On May 13, 1813, William Cary Nicholas issued his patent to John Miller for thirty-seven acres on main Flag Fork of Lick Creek on the waters of New River ; Land Office Treasury Warrant No. 1936, issued 15th of January, 1808, adjoining Samuel Withrow, John Stuart and his own land.
John Tyler, Governor of Virginia, and afterwards President of the United States, issued his patent to James Butler for 130 acres of land, which is the same tract of land granted to John Griffith for 134 acres by patent of July 30, 18-, and by Griffith conveyed by deed to James Butler, dated December 11, 1802, as 135 acres on Flag Fork and Fisher's Branch. This is the land known as the Simms' Ridge Farm, where John Hoke now lives, in Green Sulphur District.
Edmund Randolph, Governor of Virginia, issued his patent on the 19th day of April, 1788. to Benjamin Pollard, assignee of Henry Banks, for 1,390 acres on "Bradshaw's River," a branch of Indian Creek, by virtue of Land Office Warrant issued as No. 21.563, dated 23d of December, 1783; surveyed March 8, 1786. This large grant is now cut up into many small farms, and is in Forest Hill District, and includes the A. M. Hutchinson farm and many others adjoining.
In 1794, General Wayne won his great fight with the Indians at Fallen Timbers; which broke completely their power and terminated their depredations east of the Ohio River. The Crown of England had made large grants of land in order to secure possession of the territory west of the Allegheny Mountains, which was claimed under the dominion of the French kings, and at one time France, no doubt, had the best title, and, in order to secure its claims, the King of England granted the Ohio Company 500,000 acres between
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HISTORY OF SUMMERS COUNTY, WEST VIRGINIA.
the Monongahela, Kanawha and Ohio Rivers; to the Greenbrier Company 100,000 acres on the Greenbrier and its waters; to the Loyal Land Company, 800,000 acres north from the North Carolina line. It was in 1751 that John Lewis, while proceeding to locate the Greenbrier grant, found Steven Sewall and Jacob Marlin, at where Marlington is now located, in Pocahontas County. The Loyal Land Company proceeded to locate its grant on the upper New River, in Giles and adjacent territory. The French were watching these transactions, and undertook to thwart the inten- tions of the British Government, and sent out its soldiers from Lake Champlain, who came on to the forts at the Miami, and a number of Indians and traders were killed, and thus began the . French and Indian War, the termination of which forever ended all claims of the French dominion over these territories. Imme- diately after the destruction of the power of the Indians by General Wayne, in 1794, the country in all this region rapidly settled. Land grants were taken out as rapidly as located, and a great majority of these grants or patents were by reason of this celebrated victory. Robert Morris, the American patriot financier, who financed the Revolution in Philadelphia, and who died in poverty, secured grants of 8,000,000 acres, some of which was within the territory of our county, and largely in Raleigh, Fayette, McDowell, Wyoming, Boone, Logan, Mingo, Wayne, Cabell, Lincoln, Kanawha, Mercer and Putnam Counties. There were two of the Robert Morris pat- ents of 50,000 and 75.000 acres which lapped over in to the territory of this county, one in Forest Hill and one in Jumping Branch ; 80,000 acres were granted to Samuel Hopkins; 17,000 to Moore and Beckley, a considerable part of which was in this county; 90,000 acres in one patent to James Welch, later known as the West Lands; another Welch patent of 28,000 acres ; originally part of this patent is in Pipestem District. John West lived in Alexandria, Va. His descendants sold to John E. Reubsam. The land is now owned by Kelso Dickey and others, and there is no more than 4,000 or 5,000 acres remaining, in detached and small tracts, mostly on the waters of Pipestem and Bluestone; 50,000 acres were granted to DeWitt Clinton; another grant to Robert Morris of 500,000 acres; to Dr. John Dillon, 480,000 acres, and so on. These large grants were in this region, but only a small proportion of them in this county. Fre- quently they lapped over each other. or there were junior and ยท smaller patents within them, and from which source great harvests have been reaped from litigation to the attorneys-at-law. John West, who is known from his connection with the large survey of
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HISTORY OF SUMMERS COUNTY, WEST VIRGINIA.
land in Pipestem District, and of another 10,000 acres in Raleigh and Wyoming, was a natural son, his residence being in Alexan- dria, Va.
Edmond Randolph, Governor of Virginia, issued his warrant to James Gwinn on the 8th day of November, 1787, and in the twelfth year of that Commonwealth, for 400 acres on Little Wolf Creek, adjoining John Dixon.
Beverly Randolph, Governor of Virginia, on the 30th day of January, 1790, issued his grant to James Gwinn for sixty acres on Keller's Creek, and Peter V. Daniel, Lieutenant-Governor of Vir- ginia, on the 1st day of July, 1819, issued his warrant to Joseph Gwinn for twenty-five acres on Keller's Creek.
Edmond Randolph, Governor of said State, on the 10th of De- cember, 1787, issued his patent unto Samuel Gwinn for 400 acres by virtue of survey made on the 1st of June, 1784, on the south side of Greenbrier River adjoining Henry Jones and John Van Bibber. This is the land on which O. T. Kesler now resides, which has recently been purchased by the Summers Food & Dairy Company.
James Wood, Governor of said Commonwealth, on the 20th day of January, 1798, issued his grant unto Samuel Gwinn for 220 acres adjoining William Graham.
Edmond Randolph issued his patent unto John Lee, assignee of Peter Van Bibber, for 180 acres on Greenbrier River, adjoining John Van Bibber, on the 18th day of October, 1787.
James Monroe, then Governor of Virginia, afterwards President of the United States, and the author of the famous "Monroe Doc- trine," on the 5th day of August, 1782, granted unto William and David Graham, forty-three acres adjoining Conrad Keller, Samuel Gwinn and John Perry.
These lands are now principally, if not altogether, owned by Andrew Gwinn, of Lowell, and these grants are all written in long hand on the old parchment made from sheepskin. We have an old deed between Samuel Gwinn, Sr., and Samuel Gwinn, Jr., dated on the 26th day of October, 1807, by which is conveyed three different tracts of land on Greenbrier River near Lowell. The signature of Samuel Gwinn is witnessed by O. Tolles, Joseph Alderson, John Gwinn and George Alderson ; was admitted to record at the Decem- ber court of Monroe County, 1807 ; attested by Isaac Hutchinson, C. T.
M. C. Barker purchased of Alfred Beckley on the 7th day of June, 1850, a part of the Moore and Beckley Survey in Jumping Branch District, on the Cottle Ridge, containing 545 acres, for the
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