Robert Lewis Elgin, Land Surveyor

St. James Cemetery, St. James, Phelps County, Missouri, USA

Latitude: N 37°59'17.5", Longitude: W 091°36'51.8" (NAD 1983)

Robert Lewis "Bob" Elgin
Born: 07 June 1914 in Platte County, Missouri, USA
Died: 12 June 2007 at St. James, Phelps County, Missouri, USA

Bachelor of Science degree in Civil Engineering, 1937
Missouri School of Mines, Rolla, Missouri, USA

Missouri Professional Land Surveyor #890
Missouri Professional Engineer #3602


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courtesy of Steven E. Weible

Odd Lots in Township 34 North, Range 6 West, Section 18, Missouri

Here is another interesting example of odd lots in the United States Public Land Survey System in Missouri:

image courtesy of the Missouri State Land Survey

This image comes from the "new" General Land Office (GLO) township plat for Township 34 North, Range 6 West of the Fifth Principal Meridian in Missouri.

It is dated November 30, 1861

image courtesy of the Missouri State Land Survey

and is signed by William Cuddy, Surveyor General for Missouri and Illinois

image courtesy of the Missouri State Land Survey

The oddity in this example is found in the southwest quarter of Section 18, where we see that the quarter section has been quartered into aliquot parts.  The "normal" procedure for the western tier of sections is to form as many lots of regular size as possible with the remainder being fractional, as was done in the northwest quarter of Section 18 and the west half of Section 19.  So, why would the northwest quarter of Section 18 be protracted "normally," while the southwest quarter is protracted differently?  Let's investigate further.

If we look for an "old" General Land Office township plat for Township 34 North, Range 6 West, we find the following:

image courtesy of the Missouri State Land Survey

This township plat is dated January 1, 1822

image courtesy of the Missouri State Land Survey

and is signed by Elisha Sims for William H. Ashley, the contracted deputy surveyor

image courtesy of the Missouri State Land Survey

Looking at this "old" township plat, we notice the red letter "S" in the southeast quarter of the southwest quarter of Section 18.  Looking in the margin of the "old" plat, we find the following explanation:

image courtesy of the Missouri State Land Survey

From this explanation we learn that the northern and western tier of sections were protracted in the Surveyor General's office on September 27, 1847 to accommodate the Act of Congress of April 5, 1832, which permitted the sale of quarter-quarter sections as the smallest unit of sale. We also learn that the southwest quarter of Section 18 was protracted to conform to a previous sale, indicated by the red letter "S" that we see in the southeast quarter of the southwest quarter of Section 18.

To find out more about the sequence of sales in the west half of Section 18, we can search for patent information at the United States Department of the Interior, Bureau of Land Management website, www.glorecords.blm.gov.  The results are as follows:

Location       Acres   Patentee            Issue Date
------------------------------------------------------
SE 1/4 SW 1/4   39.10  John Smith          1848 Mar 01
NE 1/4 SW 1/4   39.10  John Smith          1849 Apr 10
W 1/2 SW 1/4    78.20  Christopher Howell  1856 Sep 01
NW 1/4         157.19  William Hewes       1860 Aug 01

From this information we see that the patent for the southeast quarter of the southwest quarter was issued on March 1, 1848.  This date is after the protraction date of September 27, 1847, but probably represents the delay between the application for a patent and the issuance of the patent.

So, from the facts that we have gathered here we can come to the following conclusion as to why this oddity occurred:

- Lands in Township 34 North, Range 6 West of the Fifth Principal Meridian became available for sale.

- The Act of Congress of April 5, 1832 permitted the sale of land in quarter-quarter sections.

- The western tier of sections in this township had not been protracted into units smaller than the quarter section until September 27, 1847. (This had not been mentioned previously, but an examination of the 1822 township plat shows this to be so.)

- John Smith purchased a tract of land of a size permitted by the Act of April 5, 1832 with reference to a plat that had not yet been protracted into units that small.

- Since the plat had not yet been protracted, the land office official apparently made the assumption that the tract would be determined by aliquot part and made the sale accordingly.

- When the plat was later protracted into lots by a clerk in the Surveyor General's office, the previous sale had to be honored and not changed, even though it did not conform to the norm.


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original composition by Steven E. Weible

Clair Victor Mann, Land Surveyor

Rolla Cemetery, Rolla, Phelps County, Missouri, USA

Latitude: N 37°56'18.3", Longitude: W 091°46'08.9" (NAD 1983)

Clair Victor Mann
born: 03 June 1884 in Marshall County, Kansas, USA
died: 30 November 1974 at Rolla, Phelps County, Missouri, USA

Missouri Professional Land Surveyor #22
Missouri Professional Engineer #707

Residence in 1918: Boulder, Boulder County, Colorado, USA
Occupation in 1918: Civil Engineering & State Inspector for The Apishapa Consolidated Irrigation Company
(source: World War I draft registration card)

Residence in 1930: Eighth Street, Rolla, Phelps County, Missouri, USA
Occupation in 1930: Civil Engineer for the Missouri School of Mines
(source: 1930 U. S. Federal Census)

Residence in 1940: Eighth Street, Rolla, Phelps County, Missouri, USA
Occupation in 1940: Professor at the Missouri School of Mines
(source: 1940 U. S. Federal Census)


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courtesy of Steven E. Weible

Odd Lots in Township 34 North, Range 6 West, Section 2, Missouri

Here is another interesting example of odd lots in the United States Public Land Survey System in Missouri.

image courtesy of the Missouri State Land Survey

This image comes from the "new" General Land Office (GLO) township plat for Township 34 North, Range 6 West of the Fifth Principal Meridian in Missouri.

It is dated November 30, 1861

image courtesy of the Missouri State Land Survey

and is signed by William Cuddy, Surveyor General for Missouri and Illinois

image courtesy of the Missouri State Land Survey

Upon first examination of Section 2, other than the section being long, there is really nothing that would attract our attention or lead us to believe that there might be something amiss. If you look closely, however, there are some details that are not consistent from Section 1 to Section 2 to Section 3. You will notice that Lots 1 through 6 in the Northwest quarter of Sections 2 are all shown as being 80.00 acres. You will also notice that there is no dimension on the west side of these lots.

Now, looking at Sections 1 and 3, you will notice that the lots in the Northwest quarter of these sections have acreages that are something other than 80.00 acres and the west sides of Lots 1 through 6 are all dimensioned as 20.00 chains. Doesn't that seem a little strange? Perhaps we should investigate further.

When we look for the "old" General Land Office township plat for Township 34 North, Rang 6 West, we find the following:

image courtesy of the Missouri State Land Survey

This township plat is dated January 1, 1822

image courtesy of the Missouri State Land Survey

and is signed by Elisha Sims for William H. Ashley, the contracted Deputy Surveyor

image courtesy of the Missouri State Land Survey

As we look at this "old" township plat, we see that there is additional information that was not included on the "new" township plat. Lots 1 through 6 of the Northwest quarter of Section 2 are here dimensioned so as to achieve an acreage of 80.00 acres.  Why?

Looking in the margin of this "old" township plat, we find an explanation:

image courtesy of the Missouri State Land Survey

Although Section 2 does not have a red letter "S", we are informed that there was a sale that occurred prior to the calculation of acreages in this section.

To find out more about the sequence of sales in the Northwest quarter of Section 2, we can search for patent information at www.glorecords.blm.gov. The results are as follows:

Lot 6            80.00 acres   William Thornton    1841 Jul 01
West 1/2 Lot 5   40.00 acres   Ephraim F. Bressie  1841 Dec 10
East 1/2 Lot 4   40.00 acres   Ephraim F. Bressie  1849 Apr 10
East 1/2 Lot 3   40.00 acres   Andrew J. Riley     1851 Nov 01
East 1/2 Lot 1   40.00 acres   John P. Riley       1854 Nov 15
East 1/2 Lot 2   40.00 acres   John P. Riley       1854 Nov 15
East 1/2 Lot 5   40.00 acres   Ephraim F. Bressie  1855 Jun 15
East 1/2 Lot 7   46.99 acres   John P. Riley       1856 Jan 03
West 1/2 Lot 7   45.97 acres   Josiah Welch        1856 Jan 03
West 1/2 Lot 3   40.00 acres   John P. Riley       1856 Oct 10
West 1/2 Lot 1   40.00 acres   William Riley       1857 Apr 15
West 1/2 Lot 2   40.00 acres   Andrew J. Riley     1857 Apr 15
West 1/2 Lot 4   40.00 acres   Andrew J. Riley     1857 Apr 15

From this information we see that Lot 6 was patented for 80 acres and the West 1/2 of Lot 5 was patented for 40 acres in 1841, before the acreages were calculated in the Surveyor General's office in 1847. As a result, the acreages in the Northwest quarter of Section 2 were not calculated as they were in Sections 1 and 3, but rather were calculated to conform to the previous sales.

You will also notice that all of the Northwest quarter of Section 2 was patented by April 1857, which precedes the production of the "new" township plat in 1861.


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original composition by Steven E. Weible

Samuel Lester Asbury, Land Surveyor

Masonic Cemetery, Farmington, Saint Francois County, Missouri, USA

Latitude: N 37°46'31.4", Longitude: W 090°25'16.8" (NAD 1983)

Samuel Lester Asbury
born: 09 November 1838 in Benton County, Mississippi, USA
died: 14 August 1914 at Farmington, Saint Francois County, Missouri, USA

member of the Methodist Episcopal Church South

Elected Saint Francois County Surveyor, 1872
(Saint Francois County, Missouri, Deed Book O, page 637)

Elected Saint Francois County Surveyor, 1892
(Saint Francois County, Missouri, Bonds & Commissions Book 1, page 35)

Elected Saint Francois County Surveyor, 1900
(Saint Francois County, Missouri, Bonds & Commissions Book 1, page 70)

served as City Clerk for the City of Farmington, Saint Francois County, Missouri, USA


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courtesy of Steven E. Weible

Cemetery in Bennett Spring State Park, Laclede County, Missouri

There is a small family cemetery located in a remote area of Bennett Spring State Park in Laclede County, Missouri.  More specifically, it is located in the southwest part of Lot 3 of the Northeast quarter of Section 6 in Township 34 North, Range 17 West of the Fifth Principal Meridian.  The geographic location is Latitude: N37°42'06.0", Longitude: W092°50'36.4" (NAD 1983) as measured with a handheld GPS unit. The cemetery first appears in the records of the Laclede County, Missouri, Recorder of Deeds as a reservation in a Deed of Trust filed for record in Deed Book I, page 386, dated June 20, 1889.

The graves are arranged in two rows oriented North-South with headstones facing West and footstones to the East.

Following are the inscriptions on the headstones as transcribed on October 10, 2008:

- Eastern row, beginning at the North end and proceeding South:

Robert Jr.

son of 

R. & E. M. Murrell

Feb. 26, 1907

Emma M.

Dau. of

T. P. & M. E.

Lowdermilk

Born

Nov. 16, 1880

Died

Feb. 25, 1907

Gone to a better land

To My Husband

T. P. Lowdermilk

Born

Aug. 21, 1852

Died

Nov. 27, 1907

May he rest in peace.

To Our Mother

M. E. Lowdermilk

Born

Mar. 9, 1855

Died

Nov. 25, 1933

may she rest in peace.

- Next row West, beginning at the North end and proceeding South:

In Memory of

Ellefare

wife of

Dr. W. A. Jenkins

Born

Jan 17, 1872

Died

April 25, 1894

Thomas Jenkins

PVT 8 MO CAV

FEB 10 1839   OCT 26 1915

[military marker]

Nancy Jenkins

Born

Oct 26, 1819

Died

July 2, 1880

William L.

son of

W A & Ella

Jenkins

Born

Nov. 1, 1890

Died

Jul. 17, 1891

Nancy E.

Jenkins

Born

June 4, 1880

Died

Aug. 24 1880

Susan E.

Jenkins

Born

Jan. 1, 1871

Died

Mar. 26, 1889

We will meet again

Rebecca

wife of

Thomas Jenkins

Born

----- 12, 1853

Died

Apr. 1, 1889

We will meet again

The row continues south with 3 unmarked set rocks with elongated depressions to the east. The first two rocks appear to have accompanying foot rocks.


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courtesy of Steven E. Weible

Missouri-Kansas-Texas Railroad Station Site and Right-of-way at McKittrick, Missouri

The railroad station site and right-of-way at McKittrick, Montgomery County, Missouri, were acquired by the Missouri, Kansas and Eastern Railway Company in March 1892. The instrument of conveyance was filed on September 30, 1893 and recorded in Montgomery County Deed Book 36 at page 202. Historical records indicate that the Montgomery County courthouse burned on April 12, 1901, destroying many county records, including the record of this conveyance. The following text is transcribed from the original document now in the possession of the Missouri Department of Natural Resources, Division of State Parks. The original document is a standard form with particular information handwritten in blank spaces of the form. In this transcription the handwritten text is indicated by blue italics.
============================================================

     Know all Men by these Presents, That Sterling Price and Sally C. Price, his wife and Jacob Karl Jr. and Clara Karl, his wife, of the County of Montgomery, in the State of Missouri, have this day, for and in consideration of the sum of one Dollar to the said Sterling Price and Sally C. Price, his wife, and Jacob Karl Jr. and Clara Karl, his wife, in hand paid by the MISSOURI, KANSAS AND EASTERN RAILWAY COMPANY, a corporation created, organized and existing under and by virtue of the laws of the State of Missouri, Granted, Bargained and Sold, and by these presents do Grant, Bargain and Sell unto the said Missouri, Kansas and Eastern Railway Company, its successors and assigns, the following described tracts or parcels of land situate in the County of Montgomery in the State of Missouri, that is to say:

     A strip, belt or piece of land one hundred (100) feet in width, comprising all that portion of the land of said grantors in the South half of Section twenty-three (23) in Township forty-six (46) north of range five (5) west, being all that part of said South half of said Section which lies north of Loutre Slough and east of Loutre Creek which is included between two lines running parallel with, one line being fifty (50) feet distant north, and the other line being fifty (50) feet distant south, from the center line of the above named company's railroad, as said center line is located, surveyed and staked out over and across said above described tract of land, and also an additional strip of land one hundred feet wide along and adjacent to said above described strip of land on the north side thereof, and another additional strip of land fifty (50) feet wide along and adjacent to said first above described strip of land on the south side thereof, said additional strips extending from station stake 540 on the east to station stake 553 on the west.

     TO HAVE AND TO HOLD the premises hereby conveyed, with all the rights, privileges and appurtenances thereto belonging or in anywise appertaining, unto the said Missouri, Kansas and Eastern Railway Company, its successors and assigns, forever. for the purposes of a depot station grounds and right of way for said company, this deed to be void unless depot located and established on said strips of land.

     The said Sterling Price, Sally C. Price, Jacob Karl Jr. and Clara Karl hereby covenant to and with the said Missouri, Kansas and Eastern Railway Company, its successors and assigns, for themselves and their heirs, executors and administrators, to Warrant and Defend the title to the premises hereby conveyed against the claim of every person whatsoever. for the purposes aforesaid.

     IN WITNESS WHEREOF, we have hereto subscribed our names, and affixed our seals, this 4th day of March 1892.

     WITNESS:
A. A. Krause
J. L. Hall

                    Sterling Price (SEAL)
                    Sallie C. Price (SEAL)
                    Jacob Karl Jr (SEAL)
                    Clara Karl (SEAL)

------------------------------------------------------------------

     STATE OF MISSOURI    }
     County of Montgomery }  SS.     On this 22 day of March A.D. 1892
before me personally appeared Sterling Price and Sallie C. Price his wife and Jacob Karl Jr. Clara to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed.

     WITNESS MY HAND in Loutre Township the day and year first above written.
     My term of office expires ___________________ 189_

                                                              Henry Kalemann
                                                              Justice of the Peace

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Warranty Deed.

335

====================

FROM

Sterling Price & wf

and Jacob Karl Jr. & wf

TO

The Missouri, Kansas and

Eastern Railway,

Company.

====================

STATE OF MISSOURI   }      

COUNTY OF Montgomery } SS.

I, R H Williams

Clerk of the Circuit Court, and Ex-

Officio Recorder of said County, do

hereby certify that the within instru-

ment of writing was, on the 30

day of Sept A. D. 1893 at

5 o'clock P minutes __  M., duly

filed for Record in this office, and is

Recorded in the Records of this office

in Book 36 at page 202

WITNESS my hand and

official seal of said Court the

day and year aforesaid

R H Williams

Clerk and Ex-Officio Recorder.

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Transcribed by Steven E. Weible