Public Lands Pre-emption~John Dease, Case No. 76

 Page 642

John Dease’s Case, No. 76 on the docket of the Board, and No. 29 on the books of the Register.

Claim.--- A right of pre-emption of fifty acres, under the third section of the act.
The claimant presented his claim, together with a surveyor’s plot of the land claimed, in the following words and figures, to wit:
To the Commissioners appointed in pursuance of the act of Congress passed the 3d day of March, 1803, for receiving and adjusting claims to lands south of Tennessee, and east of the Pearl river.
March 9, 1804
Please to take notice, that the following tract of land, situated on the waters of the Tombigbee river, in the county of Washington, beginning at a pine, and running thence, north, twenty-two chains thirty-five links, to a corner pine; thence, south twenty-two thirty-five links, to a pine; thence east twenty-two thirty-five links, to the beginning; containing fifty acres, having such shape, form, and marks, natural and artificial, as are fully represented in the plot annexed; which said land is claim by John Dease, in and by virtue of the third section of the said act, as a pre-emption; and is now exhibited in the Register of the Land Office east of  Pearl river, to be recorder as directed by said act. To all which he begs leave to refer, as also to a copy of the plot herewith filed.
                                                                                      JOHN DEASE
[Plot omitted]

Chain bearers, James Powell, John Hinson, Surveyed 23d day of February, 1804, by Natt Christmas.
Entered in record of claims, volume 1, page 80, by Edward Lloyd Wailes for
                                                          JOSEPH CHAMBERS, Register
Daniel Johnson and James Powel, chain carriers for the preceding survey, were sworn before ransom Harwell, Esq., Justice of the Peace.
James Powel and Daniel Johnson were produced as witness, and were duly sworn, and being interrogated by the Board, both testified, that they were not directly or indirectly interested in the establishment of this claim; that, some time in the fall of the year 1802, John Dease, the present claimant, entered upon the land now claimed, and commenced the building of a mill; that he had, from that time to the present, continued the prosecution of said work; that he has built a house upon said land, for the accommodations of himself and workmen, and the last year cultivated a small garden; that he was twenty-one years of age on the 3d March, 1803.
The Board ordered that the case be postponed for consideration.
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774 - 1875
American State Papers, House of Representatives, 10th Congress, 2ndSession
Public Lands: Volume 1
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Page 642 of 857

Page 725
John Dease’s case: commenced in page 642
On due consideration, the Board is of opinion that this claimant is entitled to a right of pre-emption to three hundred And twenty acres of land, to be locate as follows:
Beginning on the southeast corner, on the east side of Bilbo’s creek, and so far therefrom as to leave the mill dam and saw mill of the said Dease, which are now erected, in the centre of said tract; and thence, due west, fifty-six chains seventy links; thence due north, fifty-six chains seventy links; thence, due east, fifty-six chains seventy links; thence, due south, fifty-six chains seventy links, to the beginning. And the Board doth order that a certificate be granted to him accordingly.

The Land allocated to John Dease can be seen on the below Land map. The said tract is in such shape as a box with 4 equal sides.
 

The said tract shape is “due west, fifty-six chains seventy links; thence due north, fifty-six chains seventy links; thence, due east, fifty-six chains seventy links; thence, due south, fifty-six chains seventy links, to the beginning.”

John Dease and  the widow, Bridgett Burke were married sometime in the fall of 1805. The couple now own two tracts of land totaling 960 acres in the Mississippi territory; specifically in Washington County, Mississippi.  The Bridgett Burke pre-emption of 640 acres and the John Dease pre-emption of 320 acres.

John Dease also commented about his age and birth in this posting. Most on-line trees show his birth to be about 1770. But, John Dease in this sworn statement said "that he was twenty-one years of age on the 3d March, 1803." That would make John Dease birthdate to be 3 March 1782. 

John Dease is my 3rd Great Grand Uncle.

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[1]. http://memory.loc.gov/cgi-bin/ampage?collId=llsp&fileName=028/llsp028.db&Page=642

[2]. http://memory.loc.gov/cgi-bin/ampage?collId=llsp&fileName=028/llsp028.db&Page=725Bottom of Form

[3] https://www.alamy.com/stock-image-mississippi-territory-map-163230767.html

Marriage Contract: John Dease and Bridgett Burke

John Deese was borne between 1761 and 1770, a son of Mark Deese and his wife Nancy. As a young man he migrated from North Carolina into the Mississippi Territory settling down in the county of Washington arriving there in 1800. His occupation was that of a surveyor.    

In 1803, John Dease surveyed a patent for six hundred and forty acres,  property of Bridget (Gillard) Burke, widow of William Burke. William Burke died sometime around September 1803 and his widow Bridget was granted letters of administration bearing the date 16th day of September 1803.  

Now, two years later, we have John Dease and Bridget Burke entering into an marriage agreement/contract. 

Transcription: 

Mississippi Territory}
Washington County} This Indenture made this the twelfth of July One Thousand Eight hundred and five between John Deafe of the said Territory & County Bridget Burk Widow of the other part.
Whereas a marriage is intended to be shortly had and Solemnized between the said John Deafe and Bridget Burk widow and whereas as the said Bridgett Burk widow is entitled to one third part of a certain tract of Land containing Six hundred and forty acres lying & being in the Territory and County afforesaid on Bilbo Creek as her dower and also being posfed [possessed] of a considerable Personal estate consisting of negroes Stock as well as horses in action.
Now this Indenture witnefsed that in consideration of the said intended marriage and to the interest that the said land possessed as aforesaid may be secured and applied to and for the own proper use and benefit of the said Bridget Burk widow as afforesaid for her own natural life then to go to the heirs of her Body begotten by the said John Dease forever, and whereas  also if the said Bridget Burk should die without heirs of her body begotten by the said John Dease then the said personal and real property mentioned as aforesaid shall go to the said John Dease his heirs and assigns forever.
In Witness whereof the the <sic> said John Dease & Bridget Burk widow have hereunto set our hands and affixed our Seals the day and year above written.
Test.                                                           Signed John Dease {seal}
John Johnston Senr.                                 Bridget + her mark Burk {seal}
Jacob Neely
Margaret + her mark Sullivant
 
This day John Johnston Esqr. Sworn by the living  God that he saw Jacob Neely Margaret Sullivant sign the above contract. Given under my hand and seal this the 10th Day of September 1805.
                                                                   John Callier {seal}
                                                                             J.P.
Recorder Sept 16th 1805
          R. Harwell, Clk.

John Deese is my 3rd Great Grand Uncle.

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[1] Land Deed - Marriage Contract John Dease and Bridgett Burke; 12 July 1805; Deed Book #A; Page(s) 114 & 115; Register of Deeds; Winona, Montgomery County, Mississippi; 10 March 2020.