Section 6 in Township 33 North, Range 3 East, Fifth Principal Meridian, Missouri

Section 6 in a township is often irregular, taking up the excess or deficiency in the Northwest quarter from two directions. Section 6 in Township 33 North, Range 3 East of the the Fifth Principal Meridian in Iron County, Missouri is quite irregular and has developed some problems that are worth noting.

Looking at the 1853 General Land Office township plat for Township 33 North, Range 3 East and zeroing in on Section 6, we see that it is extra long in both the North-South direction and the East-West direction. The excessive extra length in the North-South direction is a result of an extra long measure used when marking off the Fifth Principal Meridian. The North line of the township is a Standard Parallel, or correction line, placed so as to arrest the propagation of error to prevent it being carried further to the North.

The Southeast quarter looks okay, being an expected 40 chains (2640 feet) North-South by 40 chains (2640 feet) East-West.

The Northeast quarter, although extra long and divided into 8 lots, has Lots 1 through 7 of regular size, being 20 chains (1320 feet) North-South by 40 chains (2640 feet) East-West. No real problem there.

The Southwest quarter is extra long in the East-West direction, but Lots 1 and 2 are of regular size, 40 chains (2640 feet) North-South by 20 chains (1320 feet) East-West, with Lot 3 being the excess. No real problem here either.

The Northwest quarter is where the problems will develop. Lots 1 through 7 are of regular dimension in the North-South direction (20 chains = 1320 feet), but are extra long in the East-West direction with the width decreasing from Lot 1 to Lot 8. Lot 8 is formed from the excess in both North-South and East-West directions. So far, this isn't really a problem.

Next, let's look at how the Northwest quarter was patented by the General Land Office.

Lot 1

  East half - Robert A. Rich

  West half - Jackson Webb

Lot 2

  East half - Conrad C. Zeigler

  West half - Jackson Webb

Lot 3

  East half - Conrad C. Zeigler

  West half - Henry Thurman

Lot 4

  East half - Chester T. Taylor

  West half - Henry Thurman

Lot 5

  Henry Thurman

Lot 6

  East half - Henry Thurman

  West half - Conrad C. Zeigler

Lot 7

  East half - Henry Thurman

  West half - Conrad C. Zeigler

Lot 8

  Sebastian Ziegler

Except for Lots 5 and 8, the Lots in the Northwest quarter of Section 6 were patented as half lots.

Looking at the list of patentees, we see that Conrad C. Zeigler acquired four of these half Lots. This is the same Conrad C. Zeigler who obtained a charter from the Missouri General Assembly in 1843 to incorporate the American Iron Mountain Company to mine iron and other minerals (Missouri Session Laws, 1842-1843, pages 213-218).

Fast-forward in time and we find that the tracts patented to Conrad C. Zeigler ended up in the hands of Big Muddy Coal and Iron Company. On November 25, 1908, Big Muddy Coal and Iron Company conveyed the surface rights to numerous tracts of land to the Murdock-Crumb Company, a West Virginia corporation (Iron County Deed Book 53, page 241). Included in the conveyance were the following tracts in the Northwest quarter of Section 6, T33N R3E:

- the East halves of Lots 2 and 3, 104.80 acres

- the West halves of Lots 6 and 7, 101.20 acres

Just as a check of the areas:

- the area shown on the township plat for Lot 2 is 105.23 acres and the area for Lot 3 is 104.33 acres;

105.23 + 104.33 = 209.56 and half of that is 104.78 acres

- the area shown on the township plat for Lot 6 is 101.65 acres and the area for Lot 7 is 100.75 acres

101.65 + 100.75 = 202.40 and half of that is 101.20 acres

This calculation, then, confirms that the Lots were split in half by area.

Having acquired these tracts of land, the Murdock-Crumb Company proceeded to subdivide them into smaller tracts. See Iron County Plat Book 3, pages 1 through 23, dated May 20, 1910 and filed for record on May 23, 1910. Section 6 in Township 33 North, Range 3 East is shown on page 9.

Here is where the problems begin. In the image above, the two tracts of land acquired by the Murdock-Crumb Company in the Northwest quarter of Section 6 are outlined in blue. For whatever reason, the subdividing surveyor did not divide the lots in half as patented and described in subsequent conveyances, but rather divided the lots of the Northwest quarter by extending northward the North-South line between Lots 1 and 2 of the Southwest quarter, making the "East half" only 40 acres and the "West half" all of the remainder. In Lots 6 and 7 this creates an overlap of the subdivided tracts into the east halves and in Lots 2 and 3 this creates orphan tracts not identified as part of the subdivision.

Does the mere act of platting an overage onto adjoining property, not owned by the subdivider, establish a bona fide right in subsequent grantees to that overage? A person cannot convey what he does not own, so it would appear that this plat creates a conflict, a subsequent color of title in the grantees, that cannot stand up to scrutiny.

And what happens to the orphan tracts? It would appear that these tracts still belong to the Murdock-Crumb Company. It's unlikely, however, that the Murdock-Crumb Company had any inkling that these orphan tracts existed and, therefore, likely made no provision for them. So, who owns them now?

And also, can this inconsistent subdivision of the Northwest quarter of the section affect any other part of the Northwest quarter not included in the tracts actually subdivided? I don't think it can. I don't think it has any bearing at all on Lots 1, 4, 5 and 8 of the Northwest quarter.

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original composition by Steven E. Weible

Nelson Rector: Hard Luck and Trouble

In January 1807, we find Nelson Rector providing assistance to his brothers, William Rector and Elias Rector, who were engaged in surveying the public lands in the Indiana Territory (Territorial Papers, Vol. 7, pgs 413-414 and Vol. 7, pgs 419-424). Nelson was often sent as a runner to deliver field notes and messages and to bring back money with which to carry on the work, but he was also gaining surveying field experience. In a letter to Jared Mansfield, Surveyor General of the United States, Elias Rector requested permission to allow Nelson to assist him in surveying, saying, “he has been some time in the woods with me & appears to Understand Surveying Sufficinly [sic] to execute the business with Correctness.”

In February 1810, William Rector, writing from Kaskaskia in the Illinois Territory, noted in a letter to Jared Mansfield, Surveyor General of the United States, that he had put Nelson Rector to work subdividing townships in the Illinois Territory (Territorial Papers, Vol. 16, pgs 76-80).

In July 1813, Nelson Rector was assigned work under his own contract as a deputy surveyor to survey and subdivide fifteen (15) townships in the Illinois Territory (Territorial Papers, Vol. 16, pg 351 and Vol. 16, pgs 355-356). He wrote to Josiah Meigs, Surveyor General of the United States, on November 1, 1813 from Township 5 South, Range 6 East of the Third Principal Meridian, indicating that “I left Shawnee Town on the 28th day of Oct[ober] for the Woods, and have been engaged in Surveying the U. S. lands since that time, and shall continue with all possible, energy untill [sic] I complete my District.” After making some observations about the area, he concluded his letter with a postscript, saying, “I should be glad to get a letter from you. Be so good as to drop me a line & direct to Shawnee Town and I shall get it. Excuse this scrall as it is late at night & by the light of the fire” (Territorial Papers, Vol. 16, pg 374).

Trouble was lurking for Nelson Rector, however, as we learn from letters sent to Josiah Meigs by Judge Stanley Griswold, writing from Shawnee Town, Illinois Territory, on March 10, 1814 (Territorial Papers, Vol. 16, pgs 401-402), and William Rector, Principal Deputy Surveyor in the Missouri Territory, writing from the United States Saline in the Illinois Territory on March 16, 1814 (Territorial Papers, Vol. 16, pgs 397-399).

William Rector reported to Josiah Meigs that his brother, Nelson Rector, had been severely wounded by Indians on March 1, 1814.

Judge Griswold recounted that “Mr. Nelson Rector left his hands at work on his Survey, and set out alone to come in to the Saline about 25 or 30 Miles with his Field-Notes, with a view to Plat &c – At about half way, while riding carelessly along upon the Goshen Road, near the Bank of the North Fork of the Saline Creek, wholly unsuspicious of Indians, he was saluted with a discharge, from beneath the bank, of several pieces, within a very short distance: One ball entered his left breast, and passing thro’ a small portion of the cavity of his body and the left shoulder blade, lodged next to the skin behind – another ball struck his left arm, and shattered the bone between his elbow and shoulder – a third ball passed thro’ the body of his horse near the forelegs, beneath the back bone, and above the vitals. The horse sprang to a great distance, but providentially Mr. Rector kept his seat, and the Indians continuing their fire, another ball grazed one of his temples, and knocked off his hat. – On turning his eye, he perceived their number to be from six to ten, but could not tell exactly, as his deplorable situation permitted but a slight glance, nor did he look at them again – They, however pursued him a good distance, and it seems a miracle that he escaped. From the glance he had of them they appeared to be Kickapoos, and all young men: his horse held out beyond expectation, and brought him to a Fortification three miles from the Saline, but, on the way, Mr. Rector was obliged to use every method to save himself – one arm dangling by his side, with the hand of the other he was obliged to grasp the saddle to save himself from falling thro’ extreme faintness, and other affections produced by his wound. In this situation, taking the bridle in his teeth, he lost some of them by the stumbling of his horse – he thinks that if he had not been on a Spanish Saddle he must inevitably have fallen and lost his life.”

William Rector added that “in this miserable plight he rode twelve miles to a Fort three miles from this place [the United States Saline], when he got there, he was so much exausted [sic] with the loss of blood that he could scarcely stick on his horse. The same evening he was brought by men on a litter to this place, since which he has suffered very much with his wounds & part of the time very high fevers. But I am happy to add that for the two last days he has been nearly free from fever & pain, that a supperation [sic] has taken place in both his wounds, discharge freely and his surgeons say look very favorable. I think he is entirely out of danger, tho it will be several weeks before he gets entirely well – Such is the opinion of his Surgeons.”

Judge Griswold went on to note that “the men who went out in pursuit of the foe discovered many traces of Indians, but thought it most prudent to hunt up Mr. Rector’s Surveyors, whom they found pursuing their business, without any suspicion of danger, and brought them in, with one or two of the most exposed families.”

William Rector went on to note that “Nelson desires me to present his respects to you, and inform you that before he received his wounds he had surveyed the exterior boundaries of all the Townships in his district, and had subdivided into sections &c one Township & part of another. He wishes me also to say to you that he is determined to complete the Surveying you assigned to him as soon as possible that notwithstanding his ill luck he hopes to get the whole done before the expiration of the time mentioned in his contract with you.”

On March 4, 1815, Nelson Rector, writing from Saint Louis in the Missouri Territory (Territorial Papers, Vol. 17, pg 143), reported to Edward Tiffin, Surveyor General of the United States, that “I am (& have been for some months past) useing [sic] every exertion in my power to comply with the contracts I entered into with Josiah Meigs Esqr late S. Genl of the U. S. & shall comply fully if not driven from the Woods by the hostile bands of Indians that are continually lurking on our Frontier & who have given me greate [sic] trouble pain & expence [sic] in executeing [sic] my business; as they wounded me so miserably last March & have latterly driven in my assistants.”

He went on to note that “I have now procured a Guard of Rangers from the comanding [sic] officer of this District & am in a fair way of completeing [sic] my contract, if the guard is continued I shall finish by the 1st of April next; as soon as I get my contract completed I shall set out for your office with a return of my surveys.”

On June 25, 1815, writing from Cincinnati, Ohio (Territorial Papers, Vol. 17, pgs 192-194), Nelson Rector notified Edward Tiffin that he had “been waiting very impatiently several weeks, for my Brother William Rector, as soon as he arives [sic] I shall set out for your office in order to make the residue of the returns of the Surveying done pursuant to my contracts with Josiah Meigs Esqr late Surveyor General of the United States.”

Continuing in his letter, he felt the need to defend himself against slanderous accusations he believed to have been made by John Messenger, another deputy surveyor in the Illinois Territory. Concluding his exposition on the matter, he asked, “did I not finish my contract last winter under the most trying circumstances ... I surveyed Sir without a guard (which is well known in the Country where I live) under the very muzzles in a manner of the most ferocious & inhumane enemies, to the Human Family I mean the Savages. I have been shot to peaces [sic] (comparitively [sic] speakeing [sic]) by the Indians & I have completed two very important contracts of Surveying for my Government since the Indian War & in a Woods they frequented & murdered seven or Eight People at the time I was performing my duty.”

On July 21, 1815, Edward Tiffin reported to Josiah Meigs, Commissioner of the General Land Office, that “the three Mr Rectors are all here [in Chillicothe, Ohio], but two of them are ill with fevers” (Territorial Papers, Vol. 15, pg 71).

A few days later on July 26, 1815, Edward Tiffin sent to Josiah Meigs a copy of instructions for review that he had prepared for William Rector, pertaining to establishing the principal meridian and base line for the Missouri Territory and then beginning the surveys for the military bounty lands (Territorial Papers, Vol. 15, pg 72 and Vol. 17, pg 203).

As part of these surveys, Nelson Rector, in partnership with William L. May, contracted on October 25, 1815 to lay off and subdivide townships south of the Base Line of the Fifth Principal Meridian in Ranges 1 and 2 East (Territorial Papers, Vol. 15, pg 91).

William Rector, as Principal Deputy Surveyor of the Missouri Territory, reported to Edward Tiffin, Surveyor General of the United States, on January 15, 1816 that Nelson Rector had died at the mouth of the St. Francis River on November 17, 1815 (Territorial Papers, Vol. 15, pgs 103-104). John Messinger, in a correspondence with Tiffin, dated January 12, 1816, noted that Nelson Rector had died by suicide (Territorial Papers, Vol. 17, pgs 283-284). Thomas Sloo, Register of the Land Office at Shawneetown in the Illinois Territory, writing on January 8, 1816 to Josiah Meigs, Commissioner of the General Land Office, reported that, “We have just Recd News of the Death of Nelson Rector. Report says [he] went on to the Arcansaw [sic] to Survey and their [sic] Blew out his own Brains” (Territorial Papers, Vol. 17, pgs 276, 278).

Source: The Territorial Papers of the United States, compiled by Clarence Edwin Carter, U. S. Government Printing Office

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original composition by Steven E. Weible