• Creator
  • North Carolina Park Commission
  • Sloan, W. N.
• Format
  • Land surveys
• Type
  • Text
• Date
  • Date original: 1928; 1929-09-21;
• Subject - Topic
  • Acquisition of property
  • Government purchasing of real property
  • Reports
• Location
  • Great Smoky Mountains (N.C. and Tenn.)
• Source institution
  • Western Carolina University
• Source Collection
  • Cataloochee History Project
• Identifier
  • GSMNP_Cata-293

' 143 Page ................. .......... ... ..... . NORTH CAROLINA PARK COMMISSION ABSTRACT OF TITLE of Lands of --------------------------------------------------------------E-.----M:.---1i5.es-serr····---·----------------------------------------- ------------------------------------------- --------- --- -· -------- ------------------------------------------------------------------· ------ ---- -- Township ------------HayvT-ood------ ------------------------------------ ------- County. STATE OF NORTH CAROLINA DESCRIPTION Tract {293) .IL\l -:::-.e!.U'int~ in tt:d.a \lel;)tn~1pt :ten em turned :tram tn. o tl."tW lliel~!tltm e:1<.1 ;:;;.U •ll~~:.ngas n~ &:.-'t"fil'l'eoaad in otmtns o:Z ::>6 t·oo~. E~;s~ -'!!l'~ n"' Con~•, 1. a ::)'l n tmd at - ~. n tth w-1~D-$Qt1 ~bO\.'tt J. ,. .,() J.:,~ .. c.il' tH:m~!! !' ti1a oost P.l"'ll6 tlt S'aalte R:tdge, D-ol"1~7 2, n ~.., lO(.!Ust ln oo r or ~ ~11 ftl:noe $hOYm ~ a.J;r •. D. J;;:tJ,~sor n"" ~~ i:tl' n.ttr"-cb~ t eorw:~.r:; 'l"itOil' Q il. '37 ""49 w. CD-rne-.1• "l• n ;point tn"h. wltno$jaas. !"~t ~- po:s~ £Je.r:it.od £ .• ~~xl.·4~ llm ou m:ple b«l.M EW.lt .24 ehl\in W.i.atwlt blnnt~d euti . JV(~.d.r~ B, T. Ji.ta .. r.t.t; CO!'ltf)? 5, lltd.® iJJ OOl'nm' G or tl» J.,L.O.~Dar Tl'ao~ t ~~}, all J..affi ehc$twt at J\ln.Ot1on ot a l'll1l ar4 \4 m roneo-, -bmo« (1m ecrtbttn ;r •. l,..c .. a. &; . CG-~k 6 , wtd.t'.h 1s Of'JlTPD~ 5 of' tho J' .,.t .O.-tUMUP 'baot { 291}), tl_ sa~ O!tOatnll-t 6t'Ilm.!. llo~1U.ll ~ W1,a;t ~Me Gl intelt"'" c:(;)otion ot r~1·)t)tl l inoo! bll:l.Zoo ttl"A. SUl"1b94 z.:t.c..a .• 5 TD.'C nl ~ U iO- 4tl ~0 E.- Shut A Analyat:hl: _of · :Eitlo T."'a.• ~.t· No 2!·5 ti. "": ·I ., . ··. . 1.. Tract No. 293 is now owned by E .. :M •. Messer, and eontaina 73 .. 50 aores.. Thi:J traQt is a l)Ortion ot State Grant lTo. 252. As we have a].rea4y treated state Grant llo. 252 in the. analysis ot titlEJ or the Sidney Nelson Tract from the time said Grant was isaued by the state to John Gray Blount up until the time said Grant passed by the will ot James R. Love to his e-xecutors,_ the same will not be repeatecl in this analysis, but may oe seen by reference to paragraph 1 throush 10 ot the analysis. ot title of the Sidney Nelson Tract, page 3 of this Abstract, wherein reference is made to the different instruments mak-ing up the chain of title to said Grant. · 2. The first conveyance to be considered in this title is a deed from the executors o:t Jas. R. Love to G. N. Penland tor two traets of land containing fifty-three acres and one hundred and fitty acres, respectively Tract 293 now under investigotion, is a part ot th. e second tract in t hat deed- T:ne deed is regular in f<l"m properly executed and of reconl i n Haywood County. See page . ' · : 4.8 ot this Abstract. · 3. On January 25, 1892, G. N. Penland and w if'e, R. T. Pen • land-conveyed to J. I. San:f'<ll"'d ani J. B. Sanford t:wo tracts ot land. 'fhe second tract described in sa1d deed embraces Tract No, 295. This deed is o't reoord in Haywooa. County. See page 149 of this Abstract. 4. On Deeel!lber 25, lB-94, J~ I. Sanford and wite, Lewellyn, J. B. Sanford and Wife, Heste:t, conveyed to s. L- Woody t wo tracts of land, being the sam land mentioned .1n the preceding paragraph of this analysis, arrl the second tract described in said deed embraoes tract No. 295. This deed is ot wcord in HayWood Coun1;y. Page 150 o'f t his Abstract. · 5• On January 4, 1895, s. L. Woody and wire. Iiiary E. · Woody, c conveyed to E. M. Messer the same tra<\lts ot land -~ ... tioned in the deed from J. I. Sanf'o!U an;l. :r ~ B. Sant'ON t-o s. t.. Wood7 - the second tract ::tn said deed embracing Traet No, 293. See page 151 of this Abstract. e. Under date Dec-ember 29, l8~7, E. M. M~sser joined by his wife, Elizabeth 1..easer, conveyed to w.G •.B . :Mess~r the ~•:0 tracts ot land metltioned in the a oove paragre.ph. This deed is in a11 res p eot~ , regular, properly executed am reoord$-d in HayWood County. Se€1 page ·4 s-r-_~t t -his Abst raot, 1. In the next consecutive month namely, January 28, 1898, w.G.B .. Messer and hi s wife, Rachel Messer re-conv:;yed ~· the sa:m.e two treu,ts or land as in pr-evious paragraph to E .. M. Messer. ~his (ieed is_ ::~ular, .PfOperly executed ar:d recorded in Haywood County. See page 1-...> ~ of this .a.bstraot. . . e. Attld.•n•· · ot 1.4-1'·~ JUl.8$61f;1CiiJl qn tilt• 'h'litt ..... beea ao~e-4 $nd :may hi ••en e.t pasa \1~ ~ fit t.M• Ab-at:raot. '" Eng'-aeu•a A:tf14aTtt mar ,b$ aeen at P$88 ot thla AbitJ.e<.t.t "\ NORTH CAROLINA PARK COMMISSION ABSTRACT OF DEED OR GRANT Wi11:tailf $t"nelt'homaa As Acknowledged Robert G. A,. Love ~ William I,, Hilliard ~ Samuel L • Love Robert G. A. Love William L• Hi;J.liard Salntlel L. l,ove Executors Proven .:5 Executors .",' ~ o. N. Penland "..'. ~L---------------~----------------~------~--------- 1. Kind of Conveyance ........... De:e.d .................................. .. 3. Is it pr operly executed .................... ........................... ..... .. 5. Before what Officer acknowledged ........... C_.s •. c._ .. ,_ 7. If irregular, copy in full on back. ..... ......... .. .................. . 9. Date of acknowledgement.. ..... ~-4~92 ..................... .. 11. Did officer affix SeaL. ........... .... , ....................... ................. . 13. Does conveyance contain convenants- ~:)) :fo,~::z~: ~~-~~~;:~1:~:Yea:::::·_::::::::::::::::::::::·:::::::::::::: (c) against encumbrances ..... ~J.O .................................... . (d) against claims of all others .......... NO ...................... .. 2. Date of Conveyance .............. ~:27-!!'!-74 - .. --................... . 4. Date of Entry and No .................. .. .................................... . 6. Acknowledgements, regular ........... Ye-s ....................... .. 8. Did all grantors a ckn owledge .................. .NQ .................. . 10. Was privy examination of wife taken ......... Ng. .......... .. 12. Was order of probate correct.. ................... Yea ............ . 14. Date of filing for record ..... ..... 2~-4,P.g£ .................... .. 15. Book .................... 2................... Page .............. -411--...... .. for ................. HayJI004 .......................... County. 16. Does deed contain any special limitations, pr ovisions or restrict ions ......... .............. ............................ / ............... . .. .......... -· ············· . ······-·· ·············-· ····················· 11. Habendum clause (Quote fully) .......... 'fo. .. have---an-d .. to .. hold·--t ·he .. -afot"e"sa1d--·t'ra(ft .... of'·-------- ........... l.~~-- - ·Witb .... t.he ... ~1v1l.eges. .. a.nd--- appurtene.noes····t·here-to· ·- b-elon·gtn~·-· unto· ·· ·· · · ·· --------~J~~----$.a1. d ... o. ..... N. •... Penland .. and---h1s---he-i-rs .. -to---h1tt-·-end·-their .. ·onl'Y ... U"s·e .. ··!nd··· ........... P.~~AQ9.f. .... for:e.ver.......... . ..... --·· ... ... .. . ... ........ -----· ··········-·······-·-···· ······ · ······-···············-··-· ----····-······-········ Exact Description of Property "That whereas James R. Love, deceased!· was seized of large . tracts or land commonly called "Speou ation Land"; and where­as the sai(l James R. Love made and publishe~ a last will and testament appointing William H. Thomas, Robert G. A. Love, r:. L~t Hilliard and sarnual L~ Love executors, and wheres., James R, Love by said will authorized his said executors to c()ntinua the sales of said lands and to make titles therefor; Now, therefor.- etc" First Tract. BEGIIDTING at a chestnut on the south side or tbe Snake branoh about 3 poles rrom it and about 20 poles from. the creek, running North 78 East_ ~3 poles crossing the branch to a spruce pine; thence Nort~~: West 14 poles to a white oak; thenQe· North 78 E{t.st 42a poles to a ououmber; then south 12 East 78 poles crossing a branch to a chestnut;. then south 78 West 125 poles to a stake; . thence North 12 west 64 poles to the begi.nning, containing 53 aores, )t!Ore or less. second Tract. BEGINNING on ~double mounta1.n oak on the side ot the Snake ridge, and runs south 52 East 192 poles to a chestnut on a l"Ookt hill side; thenoe south 38 West 125 poles crossing Snake branch to a birch on the point of roc~s; thence North 52 West 192 poles to a stake; thence North 38 East 125 poles to the beginning• containing 150 acres, more or less. Shut B Page ........................ 14.9 .... . NORTH CAROLINA PARK COMMISSION ABSTRACT OF DEED OR GRANT In Preamble As Signed As Acknowledged ~ G. N• Penland G. N, Pfi1Uau4 ~ an.d n~e ~~--E=- ·~·~T~•L· ~P~a=n·l·=~an· ==4~----~~E~•~T~·-P~e~~n=~=a=n~d· ~------~------------------- t"' :r, T, Santora ="...' o :r. B. Sanford 1. Kind of Conveyance ................. DQe4---·························· 2. Date of Conveyance ............. l•2&•:92----·············c········ 3. Is it properly executed ..................................................... . 4. Date of Entry and No ........................ ............ ....... ............. . 5. Before what Officer acknowledged ....... ..T.-P--•-············· 6. Acknowledgements, r egular ··· ··········-Y:fl8······················· 7. If irregular, copy in full on back. .......................... ........ . 8. Did all grantors a cknowledge ....... .............. Ye&-············ 9. Date of acknowledgement .............. l~-28~92 ............ . 10. Was privy examination of wife taken ............... y .... . 11. Did officer affix SeaL .......... .............................................. . 12. Was order of probate correct... ..... y ............................ . 13. Does conveyance contain convenants- 14. Date of filing for record ..... ..... ~1•,92----··················· (a) of seizin ............. Yea ............................................... . 15. Book ········· ·······---~--- ··········· ··· ·· Page .............. 5M ......... . (b) power to convey ........... Y.es ...................................... . for .............. Jiaywoo4---························--County. (c) against encumbrances ................ Y-88---···················· 16. Does deed contain any special limitations, provisions (d) against claims of all others ............. Y$8---·············· or restrictions ..................................................................... . 17. Habendum clause (Quote fully) ....... T()---fiAVE··AND··TO···UOLD--THE···AFORESA!D··TRACT···()R·············· --------------PARCEL--OF---LAND---an-4-- all---pr.1v-1leges---e.n-d---app-urte-nanoft···theretct···be-·········· --------------long1-ag---to---t-he---sa-1-d---J'-,----T-.----santord-;····-antl--1······B-_;··Santo-rd1----th-eir-··hetn--· ~ -------------and--assigns-,----to---the-1-t--·Oill.Y----uae---and---behoor----tore-ver-.-------················-·························· Exact Description of Property First . Tracrt • BEGINNING on a . cheetnu't on south side ot sniike 'tiJ'anOh about 3 poles trom the branoh and about 20 poles trOJil the Ojteek i"\UU\ing North 78 East 83 poles .crosaing branch to ap:ruce pf.nttJ thenoe North 18 West 14 poles to a whitt oak& thence North 78 East 42 poles to & cucumber; thence South 12 Ee.st'18 poles c:ross111s branch to a ohestnutr· thence south '18 west 125 poles to a stakeJ thence No;rth la ·west 64 poles to the· beginning • containing 53 acres, more or leas. seoc>nd Tract. BEGlNNlNG on a double moUlltai.n oak on the south i14e ot the Snake ridge, and running South 52 East 192 poles to a ohestnu~ on a rooky hillside; then south 38 West 125 poles orossing Snake .br.anoh .to a .biroh On the point t)t l"QOK8J thence North 52 West 192 pole,s t' a stake J thence North 38 East 125 poles to · the be­g. 1nning1 containing 150 acres, more or less1. SIJut B Page .. ______ ..... 15.0 ..... NORTH CAROLINA PARK COMMISSION ABSTRACT OF DEED OR GRANT In Preamble As Signed As Acknowledged ~~~~~ !!wei-·_1 . _ 1 _s8 _an_n. :ror-a- __- and_ wit- - ~---- :r. I, Sanford J', l• Sanford :: .IJQ Lewellen Sa.nf'ord Lewellell sanf'orcl ~~ . :r • B. santOJ>cl and Wit :r., ·B. se.ntori. J .• B, santar4 ~ Hester Best$r s-a__nt_-_o_r_d_ ___- rH~e~s~t~er~·~S• a~n~-~f~o~r~4~------ !~ _ s._ L.. W_oody- --L--__ L _- -'--_.I - - 1. Kind of Conveyance ... Deed ................. -····-·········--·····--· 2. Date of Conveyance l.~~401t~4 ... ·-·····-··------····-·· 4. Date of Entry and No ......... ·-····--··· ··---·--------·····················-- 6. Acknowledgments, regular ..... Y~-- . _. ····--··---· 8. Did all grantors acknowledge ........ .T~.S. ....................... . 10. Was privy examination of wife t aken ... Xf\ti!J ............. . 12. Was order of probate correct....X:~.fo! .......................... .. _ 14. Date of filing for record .. ... 1.2 .... 7~96 ...................... . 15. Book ---···· ·· ... 8 ......... .. Page ...... 2BfL ____ . for . . Haywoo_d .......... __ .... County. 16. Does deed contain any special limitations, provisions 3. Is it properly executed ......... -- --- ··· · ····- -----· ·c······-- ·---·- ··-··-· ·· ·· 5. Before what Officer acknowledgecl ....... J: •. F. .• , ............. . 7. If irregular, copy in full on back. .................................. : 9. Date of acknowledgment.l~!$.34.::"":~4 ..... -·- . -· ..... -· 11. Did officer affix SeaL ..................... -·-- ----··-· --···· ··-··---·-····· 13. Does conveyance contain convenants- (a) of seizin .................... .. J~S._ --··- -----···-·· Yes (b) power to convey .......... ---·· ·----··-··---·····-··--·-·· ·-·----- ····-·---· Yes (c) against encumbrances ... ---·-··-----··-----····· ··· -·--····-···-········· (d) against chims of all others ................ .. ~4:JilJ ........... . or restrictions .... .... .. -----·--·-----------··· ·····----·· ... ·- ·-··- -- -······-····· 17 . ln~niJ~&e~Quv:t i~lyui~l~,---~~:~;:••:l:~~~Y.t~r!~1-I!l>••:~lt!~••••••••••• •!&:w;m:~~;::~••~;~"~~·~:;d~~t~~?~·.·.m~~~m·!; Exact Description of Property First Traot. Bl!!GINNINO:on a ohestnut ou south side ot &l<!e !rartoh about 3 poles n-om the branch end ~bOut 20 pol$s from the ort>-* ~ing North '18 East 93 poles oroas• ittg bJ"anoh to spntoe plne; thence North 12 West 14 pol..ea to a White oak; thence North '18 Eas'b 42 poles to a ouoUJ!l"" her; thence South 12 East 76 poles orQsstng branch tc> • chestnut; th.ene• South ?a West 125 peles to a stake; then North 12 West 64 poles to the beginning ·.- containing :fittr three ,aorea, more ·01" less. ' / Seootd Tract. nmiNN-_INCh ·on a_ double mo_unta.i n oak on th_e soui side <l>f' the snake r1dge1 and running south 52 East 192 'pOles to a chestnut on a rooky hill.side; theno-e south 38 West 125 poles crossing Snake Branch to a birch on the point of rocks; thence North 52 West 192 poles to a stake; thence North 38 East 125 poles to the beginning ;.. contain• ing 150 acres., more or lese .. Shut B ~ - 151 Page ................................ ......... . NORTH CAROLINA PARK COMMISSION ABSTRACT OF DEED OR GRANT In Preamble As Signed As Acknowledged S • t. '~oody Uni'Y E.. woo4r s. -x.. Woody 1~ E, WoOclf ~ E, s._ Meaeoa- ~ an.d ~tte, ~ E• At l!eaaer 1. Kind . of Conveyance ............ J-XJ.~!S .............................. ·. 2. Date of Conveyance .......... ~~~IS ............................... .. 3. Is it properly executed ..................................... ................ . 5. Before what Officer acknowledged ........... J:'.tl'. .......... .. 4. Date of Entry and No ........................ ................................ . 6. Acknowledgements, regular .......... Y$S .......... _ ............ .. 7. If irregular, copy in full on back. ~ ........................ ......... . 9. Date of acknowledgement.. ..... ,1' .... ....5. . ..-...9.. Y• ..................... .. 8. Did all grantors acknowledge .. ................ Yotl ............... . 10. Was privy examination of wife taken ..... Yq ............ . 11. Did officer affix Seal... ........... ................................ ......... .... . 12. Was order of probate con-ect ........ l'GS ........................ .. 13. Does conveyance contain convenants- (a) of seizin ............. t~UL ...................................... .. .. (b) power to convey ...........Y....e...a... .... , ... ,. ........................... .. (c) against encumbrances ..... ... 1~~1: ........................... .. (d) against claims of all others .......... T.~-'-................... . 14. Date of filing for record .......... ~~95 ................... . 15. Book .... ................. Jt............... Page .............. 466 ........ .. for .............. .. rra~OOd .......................... County. 16. Does deed contain any special limitations, provisions or restrictions ...... ................ ............................................... . 17. Habendum clause (Quote fully) ... ....... TO ... fifi\.'\t:E. .. Am:> ... TO ... t'I.Ol..D-- -thG---tlbo-. •... 4f)sCl'-l-l)e4----1-aa4------ ·---···-·-·--~M~---prtmi.SU .... W.lth .. AU ... p:riV.1l..Ct .. .m'l4 .. app\U:tGI'ICU\ .. IJ .... ,~ere-tQ---=:r. .............. 1Dif ... 0.». ... 1n ... tu. _l .f..~ ma~L.a»_ ~ Z'Ia1~---U!l'O---tll$:-•l.4~-J?dtt-·4f----t~-_ .. _ ___- ... ............. ~ .•.... h.1.a ... bt1r.e ... ond ... aa.eip1 .... io .... tnei~ ... Oftl.y ... usa .. an4----'b0hoo.-... t_....._.. . . - Exact Description of Property D"L~- tmonm:nto on a ohoutnut -em south aide o __ -- _ e _ _-noh a boul 3 poles h"o1ll the bl'enoh and about eo .})"lea fti<>nt the ol'Oc.k s-unnlll3 t>loS'th '18 Bast es JO].ea o~11~1nc _ brano11 to e pruoe ptn. J the,aoe -North 12 l eo:t 14 ~·•· to a _ White oolc 1 tl1eao• .l'l'orth '19 ~a•t 42 Hlee to a _ ouownbeJ-_J theno• SO'Uth la Eaat '18 pOlea orc>s&iM bftaoh to a cheatnutr theno• _south '18 weat 181 po1•e to e atnke& thenoe llol"th 12 weet M pol• to tho ~S.nnina • oontetn1ns tt"y-tbne aot"ea, .~ or less. SoQona '.t'n.ol• _BR onmn1a on a doubl• mountdn oak on ifie SOUtJi R 40 ot the Snake ridge, and ~utln1q SOU'tb 52 Ea. at 192 J)Ol•a to a .()h&stnut on a t-o_·--oky h1lls_s.a.ea tl1enae Sottth 38 W-e~ _19 pole~ orosaing snrutte ~h to a _l> 1roh ~- - n tb• poi a~ or roote j thano.: e North 58 _'f eat 191 poles to n et-ake: t benee North 58 East 1!5 polee to tho bee:!Miug • oontaJnins one hunched e..nd ttfly ~ eres, lJlOH Ol" leas. Shut B ~~---- Page ...... -1-.: ............................ . NORTH CAROLINA PARK COMMISSION In Preamble ABSTRACT OF DEED OR GRANT As Signed E ~- M • MEBBI!ll ELIZABETH MESSER As Acknowledged E, M.-. MESSER Ei.IZ..IU3J...'TII MESSJ!lt 1. Kind of Conveyance ...... ... :Oe$tl····· ················ ··············· ·· 2. Da te of Convey::mce ..... l2,.,.29-l·69,························· 3. Is it properly executed ...... y&$··· ································ ··· 4. Date ,of Entry and No ................... .................. ............... · .... . 5. Before what Officer acknowledged ..... ;r ... p .................. . • • • 6. Acknowledgements, regular ··Ye-s··································· 7. If irregular, copy in full on back ................ .................. . 8. Did all grantors a cknowledge ......... ye8-························ 9. Date of a cknowledgement ..... -l-2-•2~..0.lS9-'1· ··· · -···· ·· 11. Did officer affix SeaL .. N O·············· ·································· 10. Was pr ivy examin ation of wife taken ... y-68··············· 12. Was order of probate correct .. ~Y-&8··: ·· :······ · · ·········· · ···· · · 14. Date of filing f 13. Does conveyance contain convenants- or recorctL0-31..,.18-9$ .................... . (a) of seizin ----Ya&--····················································:··· (b) power to convey ..... ye~ --- · ···· ····· · ······ ·· · ·· ··· ·· · · · · ··· ··· · · · · 15. Book ........ ).()............................ Page .. ... -488----·············· for ........ Hq.woQd ................... : ............... County. (c) against encumbrances ... yes,. ................................. . (d) against claims of all others ..... ye-G························· 16. Does deed contain any special limitations, provisions or restrictions ···· ······N O ································· ···················· 17. Habendum clause (Quote fully) --TO··H A.VE···;DID· -TO·· ROtD···t·he ··above····d-e$-cri·bed··land··a:nd·· ···--pre.ml-s-es---wi-th--all----tbe---appw-t -enan-e-ee----toore-unto----belonging---or----1-a--·eaJ'·········· · · ··· ·Wise -- -appe-Ptain1ng -- unto -- 'sa1d- --part-r-- - ~t-- ---the -- - seoond----:part -1- ·· he1r&-··fUlcl.···a•--· -· ·····•i~1----to- ---the----<>n.ly -- -use--- and-- -behoof---o-f---W-.,G.-B.-Me·&8.er---ll1s·-·M-iP-e---and----a-----·· s1sna forever. Exact Description of Property BIDINNING on a chestnut Qn s outh •side of t ht snake brancht about "three poles trom the branch and a. bQut 20 pol,.es ft;om the creel£; running North 78 Ea$t ·65 poJ.es r_ eros$1ng branch to e. spruce p1net thence North 12 West 14 poles to a white oak; thence north 78 East 42 :poles to a cu~umber; thence soutll 12 East 76 poles• crQss1fl$ the brallch ·to a ehestu\lt ;, thence south 78 west 12~ poles to a stake; tbe.nce North 12 West 64 poles to tne beg inning, 53 acres more or lc:uus. ·' . ~ ~ ~ 2nd Tract: BIDTh1~UNG on a double mountain oak on side of snake ridge; running South 52 East 192 poles to a oheetn.ut :on a rockey hill side;. thence south 38 West 125 poles, crossing branoh1 to a birch on point ot :rocks; thence .North 52 west 192 poles to a stakeJ thenoe North 38 East _125· poles 1. crossing snake branch to the beginning • Containing 150 acres 100re or lees. Shul B \ I .!J-1 13 Page .................................. , ...... . NORTH CAROLINA PARK COMMISSION ABSTRACT OF DEED OR GRANT ·In Preamble As Signed As Acknowled~ed W. G. B. MESSER RACJIEL MESS:tm 1. Kind of Conveyance ... ·-····Dee·d···························· 2. Date of Conveyance .. l,.;.2-8•l:898-······························ 3. Is it properly e~ecuted ...... YC~Js · ················· · · ···· · ··· ····· ···· · 4. ·Date of Entry and N 0 •... ..•.. ....... ....................... .••....•.. .......• 5. Before what Off1cer acknowledged ...... 'l'···p··········· ······· "'. . 7. If irregular, copy in full on back. ...................... ......... ... . 6. Acknowledgements, regular ·····Year···························· 8. Did all grantors a cknowledge .... :.yes-··························· 9. Date of acknowledgement .. l•l2•l.898················· 11. Did officer affix SeaL ..... .y$·$··········· ····· .. ......... ............ . 10. Was privy examination of wife takenyea·················· 12. Was order of probate conect ...... ye$···························· 13. Does conveyance contain convenants- 14. Date of filing for record .. lo-5lw.l8f8················· (a) of seizin ·······-'Y-64· ································ ······ ············· ·· (b) power to convey .. ... .Yes············ ································· (c) against encumbrances ···Yes··································· (d) against claims of all others ..... Yes··· ···· ··················· 15. Book ·····!()-······························ Page ...... 4-9()-················· for ············HBywoo<i-·······························County. 16. Docs deed contain any special limitations, provisions or restrictions ·······No························································· 17. Habendum clause (Quote fully) ·TO . H:A:VE···Al®···11()· H-OLD ··th-e····ab-cve···-Q.·eeertbed···land····9.lld·· ·····p-remi·see···wi·th···al·l ····th-e-···ap:P'tlrtemmoes··· there···unto····belong1:ng···or···in···f1DF········ ····wt·s•··apperta'1ni-ng···unto···th-e··-s-aid···lBPty···crf·the·····reeond···part····h1·s···mr11'1J······· ··· · ·_and···as$1grts··to· ···tne· · ·-only··uae· ···enti· ·· beho-cxr ·· ·or··· JE ·•J~-Mes-s-er···an:l· .. htt:r··ast·4············· heirs and assigns :forever. · Exact Description of Property . l3]X).;INN1NG on a chestnut on south side of s.na.lm 'Qraneh about thl"e e poles trom the bran.® e:ntl. a. bC)ut twenty pol£ a trom the o~eekf thence rtU1$ No~th 'IS East 83 pole&j cross 1ng b~oh • to sprt..<Je pine= thence North ~2 west 14 pqles t.o a white oakJ tflen North 78 East 42 pole e, to a cucumber i the;1 South 12 East 78 poles, orollsine; the branch. tQ a enestnutt · thence South 78 We$t 125 poles to a stake; thence North 12 West 64 pol.eat to the beginning. 65 acres mare or less. 2n4 • . Tract: B$INNn-rG on a double mountain oak on side o-f snake ridge* Nne south 52 East 192 poles to a chestnut on a rotk,ey lUll side; thenoe 8E)U11ll 88 weet 125 polt)s 1 eros sing ~ branch, to a birch on tho point of rooks; thence North 52 West 192 poles to a stake J thence North 38 East 125 poles,. o:voseing snake branch to the beginning, containing 150 ae,es nJOre or less- Sku1 B STATE OF NORTH CAROLINA HAYWOOD COUNTY !L e· c Ct ml J p /I . being duly sworn, de­poses and says, that he is c::r~ars or age• and has been a resi­dent and citizen ot Haywood County for~?;:Jears; that he is well acquainted with the ownership and possession ot a tract of land now owned by E. Mi Messer situated in Catalooohee township, and more particularly described as follows: BEGINNING on a double mountain oak on the south side of the Snake ridge, and running south 52 East 192 poles to a chestnut on a rooky hillside; then south 38 west 215 poles crossing snake branch to a biroh on the ·:point ot rooks J thence North 52 West 192 poles to a stake; thence North :35 East 125 poles to the beginning, containing 150 acres, more or less. 152 Affiant further states that E. M. Messer and those un• der whom he claims, to wit: S; L. Woody, J. I. sanford, J. B. san­ford and c. N. Penland have been in the open, continuous, adverse and notorious possession of said lands, under known and visible metes and bounds, for a period ot thirty years and more • culti­vating same., taking timber and firewood therefrom, pasturing same, and making suoh other uses of said lands as they are susceptible o:t'; a ffiant :further states that he has never heard o:t' any contro­versy as to the title or possession of any portion o:t' the above described land. 2& ·~ - A:f an . . sworn to and subscribed before me this~day of July, 1929 STATE OF NORTH CAROLINA HAYWOOD COUNTY _/'1;.......;.·.. .. :...J_I L. ._o~/r.,..6. .. .w.... . ... .-..P6~~---• being duly sworn, de- 153 poses and says that he is1; 7 years ot age, and has been a resi­dent and citizen ot Haywood County for .. ~.Z.Years: that he is well acquainted with the ownership and possession or a tract or land now owned by E. M •. Messer, situated in Catalooohee township, and more particularly describe~ as follows: BEGINNING on a double mhuntain oak on the south side ot the snake ridge, and running south 52, Eaet 192 poles to a chestnut on a rocky hillside; thence south 38 West 125 poles crossing Snake branch to a biroh on the point or :rooks; thence North 52 West 192 poles to a etakeJ thence North 38 East 125 poles to the beginning; containing 150 acres, more or less. Attiant further stat~s that K. M. Messer and those un• der whom he claims, to wit: s, L, woody, :r. I. sanrord1 :r. B. Sanford and G. N; Penland, have been in t~e open, continuous, ad• verse and notorious possession of said lands, under known and visible metes and bounds to:r a period of' thi~ty years and more, cultivating same, taking timber and firewood therefrom, paaturlns same, and making such other uses of said lands as they are suscep­tible ot; attiant further s t ates that he has never he~rd ot any con~roversy as to the title or possession of any portion of the above described land. I .s ~?t Sworn to and subscribed before me this:#_ day of' Jttiy, 1929 My Commission Expires May 27,1931. Notary Publio \-.,_./ /5..3.-lj Page ............................ ....... . NORTH CAROLINA PARK COMMISSION SURVEYOR'S AFFIDAVIT NORTH CAROLINA, } :ii.AnVOOD ------------------------------------COUNTY. IN THE MATTER OF THE PURCHASE OF LANDS CLAIMED BY OR BELONGING TO I~ . M. m~sm end wife :a .~~.w~sER AFFIDAVIT. H. o. VliLBURN . --------------------------'----------------------------------------------------------· bemg duly sworn, says: That he is a Civil Engineer and Surveyor, and was employed by the North Carolina Park Commission as such in the survey of the foregoing mentioned tract of land, the deed for which is registered in the Office of Register of Deeds oL ... ~~~~----------------County, in Book.·------~~-------------• Page·-------~"~-------------· That he knows the lines and boundaries set forth in said deed and from his survey and investiga-tion, he knows that the deed to the State of North Carolina is likewise embraced in the several links of the chain of title shown in the abstract hereinbefore set forth. An actual survey was made of the above tract, the adjoining land owners were called in in every case, and adjustments were made as between adjoining land owners so that there is no dispute or controversy at the present time as to the boundaries of said tract of land. ____ tf: ____ <l_~-------------------------------- • J • Sworn to and subscribed before me, this 21. " sept.abe day of_ __________________________r__ ___ , 19 _____2__9_. _/ 7-~----~~~ Notary Public. My comrm.s s1.0 n exp.i res_ _A___~___l____l___ ___2__0___,__1___9_ _3 0 . 154 Page ................................... . NORTH CAROLINA PARK COMMISSION • TAXES (Fill in all blanks indicating year, and show on lines opposite the year whether or not the taxes have been paid. If paid an affirmative showing must be made by use of the word "Paid." The use of ditto marks is not permissible). The property in question is assessed for taxation for the current year, 19 .......... , at $ ................................ , in the name ... ....l i. ...M .. ............................... and the taxes for the past ten years have been paid or not paid as follows: 19 .. ~.. ·············'~'~·-········:······················ 19 .... ~ .. ............................ ~~~ ........................... : .............. .. . 19 .. ~ . .......... ......... ~~---································· 19 ... ~ ···················~·~·-·························· 19 .. ~.'-- ...... ~ ........... ~~---······································ 22 19 ...... : .. : 19 ..2•...6•... ···········~-~-~---····························· 19 ... ~ •19 .. ~ ..................... ~~---································· ··· 19 ... ~ ASSESSMENTS LES. PENDENS MECHANICS LIENS JUDGMENTS Pa14 •• • • • • •• • • •• •• •• • • ••• ••••• • •••• • • • ••• •••• ••• • • • • •• • •• • • • •••• •• • • ••U • •• • • ••• •••••• • • •• • • ................................. ~~---························. ................................. h.l • .......................................... Snut G . . NORTH CAROLINA PARK COMMISSION ATTORNEY'S CERTIFICATE AND OPINION IT IS HEREBY CERTIFIED: That the title to the within described land as disclosed in the attached abstract which contains a full, complete and correct abstract of all instruments and court proceedings of record affecting the same from and including the beginning entry there of has been carefully examined and noted, and that the following named owner ...... : ll. t«. .l . • • •• N•·•·s ................ seized in fee simple of a good and valid title to the same, subject only to any lien, charge or encumbrance shown in this abstract and listed hereon. ENCUMBRANCES This .... J'ift) ............. day of ··················.rtaO···································• 19 ..• ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••·••••O•••••••••••~••••••••••••••-••••••ouooooo• Address ....................................................................................... . Attorney. ,. CATALOOCHEE HISTORIC DISTRICT: CULTURAL LANDSCAPE REPORT GREAT SMOKY MOUNTAINS NATIONAL PARK January 2000 Dianne L. Flaugh Historical Landscape Architect Cultural Resources Resource Management Great Smoky Mountains National Park National Park Service I I I I I I I I I I I • CHAPTER 4: INDIVIDUAL TRACTS E. M. Messer Tract (293) J. L. C. Messer Tract (292) Location 157 These two tracts are located along Snake Branch in Caldwell Fork. Tract 292 is a 50.26- acre parcel, beginning at the juncture of Snake Branch with Caldwell Fork and extending eastward along Snake Branch. Tract 293 is a 73.5-acre parcel that abuts the east bound­ary of tract 292. History This land was first bonded to G. N. Penland in 187 4, from the Love holdings. Beginning in 1892, the property went passed various hands until Steve and Mary Woody bonded the land to E. M. Messer in 1895. In 1897, the land was transferred to Will Messer (son of Elijah) but returned to Elijah 's name the following year. In 1918, Elijah M. Messer transferred tract 292 to J. L. C. Messer (Carson) in return for home and home comforts. Elijah Messer also transferred adjoining tracts of land to his son George (tract 2~4) and to Nicey M. Parton (tract 295). The NCPC purchased all of these tracts in 1930. Little is known of the early history of these tracts. None of the early owners of the property appear on any of the agricultural census records. It is possible that they rented the property to others during their ownership. Elijah Messer and his first wife Christina M. arrived in Cataloochee just after the Civil War, settling first on Messer Branch and later moving to Caldwell Fork (year unknown).' They first appear on the census records ofCataloochee in 1880, along with five chil­dren. 2 He listed his occupation as a farmer but was known as an expert axman, comerman and stonemason. He also had the reputation as one ofthe best fiddle players in the region.3 It is unknown if he was living in Caldwell Fork in 1880, but agriculture census records show that he farmed a fifty acre tract. This land included seventeen acres of cleared land. Eight acres was devoted to com and three to wheat. Livestock included working animals, cattle, sheep, and swine, but the majority of his stock was swine. His swineherd at that time numbered nineteen hogs. By 1900, the Elijah Messer household in Caldwell Fork included his second wife Elizabeth; sons John L. and George M.; and sister Nancy [Nicey]. By this time Will Messer and Rachel Cook had already established their own household in Little Cata­loochee. Vegetation NCPC records for tract 292 indicate that it consisted of thirty acres of cleared land and twenty acres of woodland. Tract 293 consisted of thirty-five acres of cleared land and thirty-eight and one-half acres of woodland. Details about the types of crops grown by the Messers, and the number of acres devoted to differing crops are unknown. A photo­graph (ca. 193 7) of the Carson Messer house shows cleared land southwest of the house. 158 C ULTIJRAL L ANDSCAPE REPORT: C ATALOOCHEE HISTORIC D ISTRICT Circulation From the road along Caldwell Fork Creek, a road branched off to run eastward along Snake Branch. This route provided access to these tracts and those further up Snake Branch. On tract 293, a trail extended northward to cross Snake Ridge. Structures, Furnishings, and Objects NCPC records for tract 292 indicate that it included a gristmill, four-room log house, six-stall barn, two shops and a springhouse. Later building survey notes provide addi­tional information and noted that the site had once also included tub mill that had been removed. The overshot mill was a frame building weatherboarded with rived hemlock (figure 60). All of the mill equipment had already been removed from the structure before the NCPC purchased the property. Figure 60. Carson Messer Mill, ca. 1930. Wilburn Photo Albwn, GRSM Archives. The log house stood one and one-half stories high and was constructed of hemlock, poplar, and chestnut logs. The dovetailed logs were chinked with split rails outside and rived boards inside. The house included a front porch and frame room addition (figure 61). One former resident of Caldwell Fork remembers the Carson Messer house for it's running water. The house was built against a bank out of which a two-inch stream of water flowed into the house. 4 The barn measured 61' by 33' in size. Its pens were nine feet high with notched corners. The crib had dovetailed comers. The barn was constructed of poplar and pine logs and its roof of split shingles supported by silver bell pole. Other outbuildings included a smokehouse and springhouse. The log smokehouse stood seven logs high and measured 10' by 12' in size. The springhouse measured 6' by 8' , stood eight logs high, and had a four-foot overhang. This springhouse was well constructed of poplar and hemlock with dovetail corners, rived chinking on the inside, and weatherboarded as beveled siding. Troughs stood outside. The building survey also noted that the site included a sorghum furnace. I I I I I I I I I I~ I I I I I I I ' I I I I I ~~ ~. CHAPTER 4: INDIVIDUAL TRACTS 159 Tract 293 included a two-room log house and three old sheds. Later building survey notes provide little additional information other than calling for the removal of a frame house, shed, and pigpen. 5 Figure 61. Carson Messer House, 1937. GRSM Archives. Existing Conditions The area of Messer tracts 293 and 294 is included within subzone Natural Environment­Type I, which emphasizes the natural environment. Both tracts have entirely reforested. Tulip poplar, white pine, and maple dominate the forest cover of formerly open agricul­turalland. The historic routes through these tracts are still evident and form the basis of Boogerman Trail. The Boogerman Trail is a popular loop trail in Cataloochee and is open only to foot traffic. Also found on the Messer tracts are road traces; one leading to a field area above a stone retaining wall, and another along the nonh bank of Snake Branch. This second trace road is possibly associated with the gristmill. None of the structures documented as part ofbuilding survey work are extant. Traces of rail fencing are evident along Snake Branch along side the trace road. Photographs of the mill also depict rail fencing. Extensive stone retaining walls are found on both tracts. On the Carson Messer tract one 'L' shaped wall extends thirty-five feet along Boogerman trail and seventy feet northward. On the E. M. Messer tract a five-foot high retaining wall extends approximately one hundred feet along Boogerman trail. A break in this wall marks a road trace leading to the field area above this wall. A small cemetery known as the Carson Messer cemetery is found above this field area. It is surrounded with wire fence and includes at least two graves marked with uninscribed limestone grave markers. Analysis and Evaluation This site is associated with the Messer family and was the site of a large gristmill. Reforestation and the removal ofbuildings have impacted the site. However, the_ reforested agricultural land remains evident, dominated by pioneer tree species. While no buildings remain standing, there are small scale landscape elements and remnants that 160 CutllJRAL LANDSCAPE REPORT: CATALOOCHEE HlsTORIC DISTRICT illustrate the historic use of the site. These include structural elements such as walls, fences, and log remnants of the bam. A cemetery is also found here. Historic circulation patterns through the site remain evident. The mountainous setting and remaining land­scape elements attest to the difficult nature of subsistence farming in Cataloochee. NOTES 1 Elizabeth Powers and Mark Hannah. Cataloochee:Lost Settlement of the Smokies (Charleston, SC: Blazer Print, 1983), 51. 2 Children included three sons and two daughters: James, 13; William, 10; Sarah, 7; Chassie, 5; and George, 2. 3 Roy Carroll and Raymond H. Pulley, "Historic Structures Report: Jim Hannah Cabin, Will Messer Bam, and Dan Cook Cabin," (Appalachian State University, Department of History, 1976), 22. 4 Thad Sutton, Interview by Jacqueline Lott and author, Written notes, Waynesville, NC, 12 January 1998. 5 Charles Grossman, Grossman Notebooks, B-4, GRSM Archives. I I I I I I I I I I I I •: •: I I I I I

This 73-acre tract 293 in Cataloochee was owned by Elijah M. Messer. While, in general, the Great Smoky Mountains region was sparsely populated, the Cataloochee Valley remained an exception. By 1900, the population of Cataloochee had grown to 1,000 residents living in hundreds of log and frame homes. A few historic buildings have been preserved on site, including two churches, a school, several homes, and outbuildings. The North Carolina Park Commission was tasked with purchasing land for the Great Smoky Mountains National Park and people living in Cataloochee were among those displaced. Cataloochee families continue to return for annual reunions. In 2001, the National Park Service re-introduced elk into the valley.

• Creator
  • Unknown
  • Grossman, Charles S., 1900-1972
  • Wilburn, Hiram Coleman, 1880-1967
  • Exline, Edouard E., 1905-1960
  • Flaugh, Dianne L.
  • Sloan, W. N.
  • North Carolina Park Commission
• Format
  • Land surveys
  • Publications (documents)
  • Photographs
  • Portraits
• Type
  • StillImage
  • Text
• Date
  • Date original: 1928-1929; 1935-1936; 1940; 2000;
  • Date digitized: 2015-09-22
• Extent
  • Dimension: 3" x 4" - 11" x 8.5"
  • Pages: 50 pages
• Subject - Topic
  • Abstracts of title
  • Acquisition of property
  • Dwellings
  • Families
  • Farm buildings
  • Government purchasing of real property
  • Land titles -- North Carolina -- Cataloochee
  • Land titles -- Registration and transfer -- North Carolina -- Haywood County
  • Landowners -- North Carolina -- Haywood County
  • Real property -- Maps
  • Real property -- North Carolina -- Haywood County -- Maps
  • Reports
• Location
  • Cataloochee (N.C.)
  • Haywood County (N.C.)
  • Great Smoky Mountains (N.C. and Tenn.)
• Source institution
  • Western Carolina University
• Source Collection
  • Cataloochee History Project; Historic Structures Reports; Historic Photographs Collection;
• Identifier
  • GSMNP_Cata-293
• Repository
  • Great Smoky Mountains National Park