Most surviving pre-1900 county land records, including
deeds and land court minutes, are on microfilm at the Georgia Department of Archives and History and the FHL.
Many of the mortgage and county plat books are not included
in the FHL's
microfilm collection. Where Georgians sold lots won in the lotteries, researchers
will find that deeds may be valuable sources of genealogical
information. Those deeds should have been recorded in the counties
where the land was located, but in some cases references may
be found in the counties where the owner resided. Land transaction
between private individuals are recorded with the clerk of superior
court in the appropriate county.
Most land records will be found with the county Clerk of Superior Court. Despite their titles, deeds found in a county recorder’s office may include other legal documents of transfer, such as deeds in fee simple granting absolute ownership; mortgages transferring property rights as security for debts; dower releases waiving wives’ rights; quit-claim deeds releasing whatever title or right is held whether valid or not; deeds of gift transferring land without reciprocal consideration; powers of attorney appointing legal agents; marriage property settlements; bills of sale transferring property that is usually not land; and various forms of contracts, such as leases, partnerships, indenture papers, and other performance bonds. Deed books from before the Civil War and especially in colonial years were more miscellaneous in their contents, even including animal brands, occasional wills, slave manumissions, apprentice papers, petitions, depositions, tax lists, and whatever else the clerk decided to preserve on a convenient page. Through such records a researcher may trace the ownership of land, in some cases for two centuries or more.
Land
and property records, combined with tax digests, can be important
keys to successful research in Georgia. Surviving colonial and
state land grant records of Georgia, including loose, original
records not available on microfilm, are in the Georgia Surveyor
General Department, Floor 2V, Georgia Department of Archives and History .
The first effective legislation, dated 17 February 1783, concerning
land grants after Georgia became a state provided for headrights
and bounty-land grants. The law allowed each head of household
200 acres free as his own headright and fifty additional acres
for each member of his family and each slave at a cost of from
one to four shillings per acre. Grants were limited to 1,000
acres, and the grantee was responsible for paying survey and
grant fees. Those who had received grants under colonial jurisdiction
were entitled to the lands they occupied when the law went into
effect.
The 1783 act also provided for establishing a land court
in each county. A land grant applicant would appear before five
justices to swear under oath concerning the size of his family
and the number of slaves he owned to obtain a warrant of survey.
Once the county surveyor completed his layout of the applicant's
land, a copy of the plat of survey was forwarded to the surveyor
general, and the original was filed in the county. The applicant
was then required to live on the land for a year and cultivate
3 percent of the total acreage. After meeting those requirements,
the applicant could apply to the governor's office for his grant
and pay all fees. At that point the grant would be issued and
recorded. Headright grants were made in Bryan, Bullock, Burke,
Camden, Chatham, Clarke, Columbia, Effingham, Elbert, Emanuel,
Franklin, Glascock, Glynn, Greene, Hancock, Hart, Jackson, Jefferson,
Johnson, Laurens, Liberty, Lincoln, Madison, McDuffie, McIntosh,
Montgomery, Oconee, Oglethorpe, Richmond, Screven, Taliaferro,
Tattnall, Warren, Washington, and Wilkes counties.
Bounty-land grants were made to soldiers who served in
the Georgia military, civilian residents of 1781–82, and
Georgia citizens who went to other states during the Revolution
to continue the war. Most of the surviving Georgia Revolutionary
War bounty certificates (except for civilian residents) are
abstracted.
A second act of 25 February 1784 created new counties
and designated some of the area as bounty lands for Georgia
veterans who had served in the Continental Line or Navy. Most
of the area that later became Greene County was reserved for
bounty-land grants. The Georgia Department of Archives and History and the FHL have microfilm copies of original land grants.
Only Georgia has the distinction of distributing lands
by lottery. Lands given to Georgia citizens by lotteries from
1805 to 1833 are in the present western and northern three-quarters
of Georgia. Lotteries took place in 1805, 1807, 1820, 1821,
1827, and two in 1832. All Georgia citizens were eligible to
qualify for a lottery, although the 1820, 1827, and 1832 lotteries
also gave special consideration to war veterans. Published lottery
books are excellent sources for pinpointing where a Georgia
family lived when a lottery was held.
Where Georgians sold lots won in the lotteries, researchers
will find that deeds may be valuable sources of genealogical
information. Those deeds should have been recorded in the counties
where the land was located, but in some cases references may
be found in the counties where the owner resided. Land transaction
between private individuals are recorded with the clerk of superior
court in the appropriate county.
Seven times between 1805 and 1832 Georgia used a lottery system to distribute the land taken from the Cherokee or Creek Indians. These lotteries were unique to the state; no other state used a lottery system to distribute land. Lot size varied widely, even in the individual lotteries. The largest lots distributed were 490 acres in the 1805 and the 1820 land lottery. The smallest lots were the 40-acre gold lots distributed during the Gold Lottery of 1832.
Many people, including the state of Georgia, combine the Land Lottery of 1832 and the Gold Lottery of 1832 and represent it as a single lottery; however, both the enabling legislation and the drawings themselves were independent, hence there were seven lotteries, not six.
Prior to 1803 Georgia distributed land via a headright system. Designed to prohibit corruption, the system actually encouraged it. During early administrations the government abused this system and created what today is generally known as the Yazoo Land Fraud. These abuses led to the adoption of the lottery system in May, 1803 under governor John Milledge. The first lottery under the new system occurred in 1805.
Almost 3/4 of the land in present-day Georgia was distributed under this lottery system. During the 27 years that land was distributed under the system the rules and the methods of the lottery remained virtually unchanged. Applicants could be white males over 18 (or 21 depending on the lottery), orphans, or widows. Fees depended on the lottery and the size of the lot won, but in general they only covered the cost of running the lottery. The state did not profit from allocating these lands. Fractional lots were sold in each of the lotteries and some lands, especially those near major rivers, was exempt from the lottery. These were distributed by the state using alternate, frequently corrupt, methods
For each person subscribing to a lottery a ticket was placed in the barrel. Since each lottery was over-subscribed, blank tickets were added to compensate for the over-subscription. According to the state archives, no record remains of the people who drew the blank tickets after the 1805 lottery.
Eight times between 1805 and 1833 Georgia held lotteries to distribute land, the largest held in the United States. The lotteries followed a simple pattern:
The General Assembly passed an act that authorized the lottery and spelled out who would be eligible to participate and the grant fees that would apply.
Eligible citizens registered their names in their county of residence and paid a small fee. The names were sent to the governor’s office at the state capital. Beginning with the second lottery the names were copied onto slips of paper called “tickets” and placed in a large drum called a “wheel.”
The land to be distributed was surveyed and laid out in districts and lots. The surveyors sent the district and lot numbers to the governor’s office. These were placed in a separate wheel. (At first, blank tickets were added to this wheel, so that the number of tickets would equal the number of persons drawing.)
Commissioners appointed by the governor drew a name ticket from one wheel and a district/lot ticket from the other wheel. If the district/lot ticket was blank, the person received nothing. If the ticket contained a district/lot number, the person received a prize of that parcel of land. A ticket that contained a number was called a “Fortunate Draw.” With later lotteries (after 1820), when blank tickets were not added to the prize wheel, individuals whose names remained in the second wheel were considered to have drawn blanks.
Anyone who received a Fortunate Draw could take out a grant for the lot he drew, after paying the grant fee. If he did not take out a grant, the lot reverted back to the state to be sold to the highest bidder.
1805 Land Lottery:
Authority: Act of May 11, 1803
Date of Drawing: 1805
Counties
Baldwin: 5 Districts (1-5)
Wayne: 3 Districts (1-3)
Wilkinson: 5 Districts (1-5)
Size of Land Lots
Baldwin: 202 ½ acres
Wayne: 490 acres
Wilkinson: 202 ½ acres
Grant Fee
$ 8.10 per 202 ½ acre lot
$19.60 per 490 acre lot
Person Entitled to Draw
Bachelor, 21 years or over, 1 year residence in Georgia, citizen of United States – 1 draw
Married man with wife and/or child, 1 year residence in Georgia, citizen of United States – 2 draws
Widow with child under 21 years, 1 year residence in Georgia – 2 draws
Orphan or family of orphans under 21 years, with father dead and mother dead or remarried – 1 draw
Bachelor, 18 years or over, 3-year residence in Georgia, citizen United States – 1 draw
Soldier of Indian War, residence in Georgia during or since military service – 1 draw
Invalid or indigent veteran of Revolutionary War or War of 1812 – 2 draws
Invalid or indigent veteran of Revolutionary War or War of 1812 who was a fortunate drawer in either previous land lottery – 1 draw
Married man with wife or minor son under 18 years or unmarried daughter, 3-year residence in Georgia, citizen United States – 2 draws
Widow, 3-year residence in Georgia – 1 draw
Widow, husband killed in Revolutionary War, War of 1812 or Indian War, 3-year residence in Georgia – 2 draws
Family of one or two orphans under 21 years, father dead, mother living, 3-year residence in Georgia – 1 draw
Family of three or more orphans under 21 years, father and mother both dead, 3-year residence in Georgia – 2 draws
Family of one or two orphans under 21 years, father and mother both dead, 3-year residence in Georgia, 1 draw
Orphan under 21 years, father killed in the Revolutionary War, War of 1812, or Indian War, 3-year residence in Georgia – 2 draws
Invalid or indigent officer or soldier in the Revolutionary Army who had been fortunate drawer in either previous lottery – 1 draw
Persons Excluded
Any fortunate drawer in either previous land lottery, except families of orphans consisting of more than one person and such other persons as indicated above.
Citizens of the state who were legally drafted in the War of 1812 or the Indian War and refused to serve a tour of duty in person or by substitute.
Any person who resided upon the lottery territory previous to the extinguishment of the Indian title to the same.
Date of Drawing: November 7, 1821-December 12, 1821
Counties
Dooly: 16 districts (1-16)
Fayette: 4 districts (6,7,9,14)
Henry: 18 districts (1-18)
Houston: 16 districts (1-16)
Monroe: 15 districts (1-15)
37 undrawn lots remaining from the 1820 lottery
Size of Land Lots: All new (1821) counties: 202 ½ acres
Grant Fee: $19.00 per Land Lot
Person Entitled to Draw
Bachelor, 18 years or older, 3-year residence in Georgia, 3-year citizen United States – 1 draw
Married man with wife or son under 18 years or unmarried daughter, 3-year residence in Georgia, 3-year citizen United States – 2 draws
Widow, 3-year residence in Georgia – 1 draw
Family of minor orphans, father dead, 3-year residence in Georgia – 1 draw
Family (one or two) of orphans under 21 years, father and mother dead – 1 draw
Family (three or more) of orphans under 21 years, father and mother dead – 2 draws
Widow, husband killed or died in Revolutionary War, War of 1812, or Indian War, 3-year residence in Georgia – 2 draws
Orphan, father killed or died in Revolutionary War, War of 1812, or Indian War – 2 draws
Child or family of children of a convict, 3-year residence in Georgia – entitled in the same manner as orphans
Persons Excluded
Any fortunate drawer in any previous land lottery.
Citizens of the state who volunteered or were legally drafted during the War of 1812 or Indian War and refused to serve a tour of duty in person or by substitute.
Bachelor, 18 years or over, 3-year residence in Georgia, citizen of United States - 1 draw
Married man with wife or son under 18 years or unmarried daughter, 3-year residence in Georgia, citizen of United States – 2 draws
Widow, 3-year residence in Georgia – 1 draw
Wife and/or child, 3-year residence in Georgia, husband and/or father absent from state for 3 years – 1 draw
Family (one or two ) of orphans under 18 years whose father is dead, 3-year residence in state or since birth – 1 draw
Family (three or more) of orphans under 18 years, 3-year residence in state or since birth – 2 draws
Widow, husband killed in Revolutionary War, War of 1812, or Indian War, 3-year residence in Georgia – 2 draws
Orphan, father killed in Revolutionary War, War of 1812 or Indian War - 2 draws
Wounded or disabled veteran of War of 1812 or Indian War, unable to work - 2 draws
Veteran of Revolutionary War – 2 draws
Veteran of Revolutionary War who had been a fortunate drawer in any previous Lottery – 1 draw
Child or children of convict, 3-year residence in Georgia – 1 draw
Male idiots, lunatics or insane, deaf and dumb, or blind, over 10 years and under 18 years, 3-year residence in Georgia – 1 draw
Female idiots, insane or lunatics, deaf and dumb, or blind, over 10 years, 3-year residence in Georgia – 1 draw
Family (one or two) of illegitimates under 18 years, residence since birth in Georgia – 1 draw
Family (three or more) of illegitimates under 18 years, residence since birth in Georgia – 2 draws
Child or children of a convict whose father had not drawn in any of the former land lotteries – entitled to a draw or draws in the same manner they would be entitled if they were orphans
Persons Excluded
Any fortunate drawer in any previous Land Lottery.
Citizens who volunteered or were legally drafted in the War of 1812 or the Indian War and who refused to serve a tour of duty in person or by substitute.
Anyone who may have deserted from military service.
Authority: Act of December 21, 1830; Act of December 24, 1831
Year of Drawing: 1832
Counties
The original Cherokee Indian territory became Cherokee County by an Act of December 26, 1831. A law passed on December 3, 1832, divided original Cherokee County into ten counties: Cass (renamed Bartow), Cherokee, Cobb, Floyd, Forsyth, Gilmer, Lumpkin, Murray, Paulding, and Union. In the drawing of tickets and in the granting of the land, the area was treated only as Cherokee territory. It was divided between land lots distributed by the sixth land lottery and “gold” lots that were distributed by the seventh land lottery.
Sections and Land Districts
The territory was so expansive that Cherokee County was divided into four sections, and each section was divided into districts. There were a total of 60 land districts, and each was divided into land lots. Fractional lots of 100 acres and more were counted as whole lots.
First Section:
Districts 6-10, 16-19.
Second Section:
Districts 4-14, 20, 22-27
Third Section:
Districts 5-16
Fourth Section:
Districts 4-15, 18-19
Size of Land Lots:160 acres
Grant Fee:$18.00 per Land Lot
Person Entitled to Draw
Bachelor, 18 years or over, 3-year residence in Georgia, citizen of the United States – 1 draw
Married man with wife and/or minor son under 18 and/or unmarried daughter, 3-year residence in Georgia, citizen of United States – 2 draws
Widow, 3-year residence in Georgia – 1 draw
Wife and/or child, 3-year residence in Georgia, of husband and/or father absent from state for 3 years – 1 draw
Family (one or two) of orphans under 18 years, residence since birth in state – 1 draw
Family (three or more) of orphans under 18 years, residence since birth in state – 2 draws
Widow, husband killed or died in Revolutionary War, War of 1812, or Indian Wars, 3-year residence in Georgia – 2 draws
Orphan, father killed in Revolutionary War, War of 1812, or Indian War – 2 draws
Wounded or disabled veteran of War of 1812 or Indian Wars, unable to work – 2 draws
Veteran of Revolutionary War – 2 draws
Veteran of Revolutionary War who had been a fortunate drawer in any previous lottery – 1 draw
Child or children of a convict, 3-year residence in Georgia – 1 draw
Male idiots, lunatics or insane, deaf and dumb, or blind, over 10 years and under 18 years, 3-year residence in Georgia – 1 draw
Female idiots, insane or lunatics or deaf and dumb or blind, over 10 years, 3-year residence in Georgia – 1 draw
Family (one or two) of illegitimates under 18 years, residence since birth in Georgia – 1 draw
Family (three or more) of illegitimates under 18 years, residence since birth in Georgia – 2 draws
Persons Excluded
Any fortunate drawer in any previous land lottery who has taken out a grant of said land lot.
Any person who mined—or caused to be mined—gold, silver, or other metal in the Cherokee territory since June 1, 1830.
Any person who has taken up residence in Cherokee territory.
Any person who is a member of or concerned with “a horde of Thieves known as the Pony Club.”
Any person who at any time was convicted of a felony in any court in Georgia.
Authority: Act of December 24, 1831
This act mandated that approximately a third of the 160-acre land districts to be laid out under the act of December 21, 1830, be designated as gold districts of 40 acres each and to be distributed in a separate lottery.
Date of Drawing: October 22, 1832-May 1, 1833
Counties
The original Cherokee Indian territory became Cherokee County by an Act of December 26, 1831. A law passed on December 3, 1832, divided original Cherokee County into ten counties: Cass (renamed Bartow), Cherokee, Cobb, Floyd, Forsyth, Gilmer, Lumpkin, Murray, Paulding, and Union. In the drawing of tickets and in the granting of the land, the area was treated only as Cherokee territory. It was divided between land lots distributed by the sixth land lottery and “gold” lots that were distributed by the seventh land lottery.
Sections and Land Districts
The territory was so expansive that Cherokee County was divided into four sections, and each section was divided into districts. There were 33 gold districts, and each was divided into gold lots.
First Section:
Districts 1-5, 11-15
Second Section:
Districts 1-3, 15-19, 21
Third Section:
Districts 1-4, 17-21
Fourth Section: Districts 1-3, 16-17
Size of Gold Lots: 40 acres
Grant Fee: $10.00 per lot
Person Entitled to Draw
Bachelor, 18 years or over, 3-year residence in Georgia, citizen of United States – 1 draw
Widow, 3-year residence in Georgia – 1 draw
Family of orphans, 3-year residence in Georgia, citizen of United States – 2 draws
Married man, head of family, 3-year residence in Georgia (officers in the army of navy of the United States, 3-year residence not required), citizen of United States – 2 draws
Persons Excluded
Any fortunate drawer in any previous land lottery who has taken out a grant of said land lot.
Any person who mined—or caused to be mined—gold, silver, or other metal in the Cherokee territory since June 1, 1830.
Any person who has taken up residence in said Cherokee territory.
Any person who is a member of or concerned with "a horde of Thieves known as the Pony Club."
Any person who at any time was convicted of a felony in any court in Georgia.
Date of Drawing of Land Lots: December 6 and 7, 1833
Date of Drawing of Gold Lots: December 9-13, 1833
Counties
Original Cherokee territory and a handful of land lots not placed in the prize wheels during earlier lotteries.
Sections and Districts
Fractional lots of fewer than 100 acres from the 60 land districts and 33 gold districts.
Twenty-two undrawn lots from the previous Cherokee lotteries.
Tickets representing lots and fractions from the 1832 Land Lottery were placed in the land wheel and those from the 1832 Gold Lottery in the gold wheel. They were distributed in separate drawings. It is likely that the whole lots from earlier lotteries also were placed in the land wheel.
Size of Land Lots and Gold Lots
Lots varied in size, but the fractional lots from the 1832 Land Lottery were fewer than the 100 acres specified in the laws authorizing that lottery. Fractions result from irregular boundaries that prevent measurements in square lots.
Grant Fee: $18.00 per lot
Person Entitled to Draw
The remaining tickets bearing participants’ names from the 1832 Land Lottery were drawn to match tickets drawn from the Land Wheel, and remaining tickets bearing participants’ names from the 1832 Gold Lottery were drawn to match tickets drawn from the Gold Wheel.
Prior to the Civil War, more than eighty-five percent of all Americans owned or leased land. Therefore, almost every researcher, whether a seasoned professional or weekend hobbyist, has required land records to document the existence, association, or movement of an individual or ancestral family. While many researchers may feel a sense of historical excitement when finding an ancestor in a land deed, many also fail to understand the importance of such a document and how land can be used to make vital links between generations; they are not aware that it can bridge distant origins and help solve even the most difficult problems. E. Wade Hone,
In Land and Property Research in the United States
The right to own land has always been one of the great incentives for living in the United States. Yet researchers often overlook the importance of land records as a source of family history information. Written evidence of people’s entitlement goes back in time further than virtually any other type of record family historians might use.
Land records meet the needs of researchers in different ways and contain a variety of genealogical and historical data. They are a major source of information for many family histories and provide primary source material for local history as well. They are closely related to probate and other official court records and should be investigated in connection with them. Land and property are leading issues in the settlement of estates, and the majority of civil cases in the courts deal with real and personal property. Although land records rarely yield vital statistics, in many instances they provide the only proof of family relationships. Often they include the names of heirs of an estate (including daughters’ married names and a widow’s subsequent married name) and refer to related probates and other court cases by number and court name. In some places where other records are scarce, the land records take on extra importance. Occasionally these documents disclose former residences and more often provide the new address of the grantors or heirs at the time of the sale of the property.
Land records provide two types of important evidence for the family historian. First, they often document family relationships. Second, they place individuals in a specific time and place, allowing the researcher to sort people and families into neighborhoods and closely related groups. One of land records’ most important qualities is that they are sometimes the only records that allow us to distinguish one person of a common name from another.
The National Archives has bounty-land warrant files, donation land entry files, homestead application files, and private land claim files relating to the entry of individual settlers on land in the public land states. There are no land records for the original thirteen states or for Maine, Vermont, West Virginia, Kentucky, Tennessee, Texas, and Hawaii. Records for these states are maintained by state officials, usually in the state capital. Searching for the record of a particular land grant from the federal government requires contacting both the Bureau of Land Management (BLM) and the National Archives (NARA).
