Skip to content
Home » Missing Patent

Missing Patent

Do you have ‘homesteaders’ in your tree? If so, you’ve likely become familiar with the Bureau of Land Management site where you can search for those homestead patents. I use this site on a regular basis and probably have searched it before for records involving Thurston Kennedy Wells.

Today, I transcribed a deed from Woodson County, Kansas for Thurston Kennedy Wells that suggests there should be a homestead record.

Woodson County Kansas
Recorder of Deeds Office

Land Records

Book G page 324

United States of America
Homestead Certificate No 1316
Application 2986

To all to whom these presents shall come greeting:
Whereas there has been deposited in the General Land Office of the United States a certificate of the Register of the Land Office at Independence Kansas whereby it appears that pursuant to the act of Congress approved 20th May 1862 to secure homesteads to actual settler on the public domain and the acts supplemental thereto the claim of T K Wells has been established and duly consummated in conformity to law for the North half of the North East quarter of Section twenty two in Township twenty four South of Range fifteen East in the district of lands subject to sale at Independence Kansas containing eighty acres according to the official plat of that survey of the said laws [relavent] to the General Land Office by the Surveyor General: Now Know Ye, that there is therefore granted by the United States unto the said T. K. Wells the tract of land above described To Have and to hold the said tract of land with the appurtenances thereof unto the said, T K Wells and his heirs and assigns forever.
In Testimony Whereof I Ulysses S Grant President of the United States of America have caused these letters be made Patent and the seal of the General Land Office to be hereunto affixed.
Given under my had at the city of Washington the fifteenth day of August in the year of our Lord one thousand eight hundred and seventy six and of the Independence of the United States the one hundred and first.
Seal
By the President U S Grant
By D D Cone Secretary
Recorded Vol 3 page 241 S H Clark Recorder of the General Land Office
Filed for Record Oct 13 1877 at 5 P M
Isaac S Jones
Register of Deeds

A search of the ‘First Landowners Project‘ ($) site did not show Thurston Wells as a first landowner in Section 22 of Township 24 South of Range 15 East.

A search of the BLM General Land Office Records site for Thurston Wells’ homestead record did not locate his record.

  • A search for WELLS in Woodson County, Kansas produced a link to a patent granted to Thomas W. Wells in Township 23 South of Range 16 East
  • A search for the document number of 1316 did not include Thurston Wells in the list of results. Nor, did it include a patent for Township 24 of Range 15 East
  • A search for Thurston Wells in any state produced a link to a patent for the OTHER Thurston Wells in Genesee County, Michigan dated in 1856.

Not only did Thurston Wells have a deed indicating how he acquired the land, but thirteen years later, T. K. Wells and his wife, Saloma Wells sold this piece of land.

Woodson County Kansas
Recorder of Deeds

Land Records
Book 25, page 313

This Indenture, made this 6 day of March in the year of our
Lord One Thousand Eight Hundred and Eighty Nine, between T K Wells and Saloma
Wells his wife
in the County of Woodson and State of Kansas of the first part, and Allis
Nunn
In the County of Neosha and Sate of Kansas of the second part:
Witnesseth, that the said parties of the first part, in consideration of the sum of
Sixteen Hundred Dollars
To them duly paid, have sold, and by these presents do Grant and Convey to the said party of the second part, her
Heirs and assigns, all that tract or parcel of land situated in Woodson County and State of Kansas, and described as follows to-wit
The North half of the North East Quarter of Section Twenty two (22)
Township twenty four (24) Range fifteen (15) all in Woodson Co.
Kansas
With the appurtenances, and all the estate, title and interest of the said parties of the first part therein. And the said
T K Wells and Saloma Wells his wife
Do hereby covenant and agree that at the delivery hereof they are the lawful owner of the premises above granted, and seized of
A good and indefeasible estate of inheritance therein, free and clear of all encumbrances, Except one mortgage
Of $400 & inter st & one mortg of $200 & inst.
And that they will warrant and defend the same in the quiet and
Peaceable possession of said party of the second part, her heirs and assigns forever, against the lawful claims of all persons.
In Witness Whereof, the said parties of the first part have hereunto set their hand and seal the day and year above written.
T K Wells (seal)
Saloma Wells(Seal)
Signed, sealed and delivered in the presence of
O. P. Augustine

State of Kansas, Woodson County, ss.
On this 6 day of March A.D. 1889, before me, a Justice of Peace
In and for said County, came T K. Wells and Saloma Wells
His wife
To me personally known to be the same person who executed the foregoing instrument, and duly acknowledged
The execution of the same.
In Testimony Whereof, I have hereunto subscribed my name and affixed my official seal on the day
And year last above written.
O. P. Augustine J.P.

Filed for Record this 7 day of Mch 1889 at 8 o’clock a.m.
H. B. M Hugh
Register of Deeds

Because Saloma Wells, the wife, signed the second deed, this confirms that Thurston Kennedy Wells (1821-1893) was the owner of the land in Woodson County, Kansas. I would need to research the land in Michigan to confirm that it is for the OTHER Thurston Wells. However, that land description is consistent with other records found for Thurston Wells and his wife, Mary Miles.

I recently re-read a biography of Thurston K. Wells that was published by the Woodson County Historical Society has me seeking more information about this patent.

Thurston Wells received the Patent for his 80 A. of school land Aug. 15, 1876, when he fulfilled his five years of living there in their cabin.

No author, “The Thurston K. Wells Family,” In the Beginning (Woodson County Historical Society), Vol. 19 (#73): page 8.

Based on that information, I tried to find information about ‘school’ lands in Kansas. My trusty reference book about land records, Land & Property Research in the United States by E. Wade Hone, did not provide any information on ‘school’ lands. A Google search also wasn’t of much help. It did take me to a Kansas State Historical Society site on Land Records that was some help. Of particular interest on that site was reference to the tract books. Using the Kansas Tract Book Guide, I was able to determine that Township 24S of Range 15E was in volume 31.

I then followed the link to the tract book collection on FamilySearch. This led me to the source, United States Bureau of Land Management Tract Books, 1800- c 1950. Even though this source was searchable, I did not find T K Wells, Thurston Wells or even a T Wells that could be Thurston Wells.

Not willing to give up, I decided to try browsing the images. This led me to a page where I could pick Kansas. Since I had previously found that section 24S of R15E was in volume 31, I was able to select the volume. Working my way thru the images, I came to the page containing section 22 of Township 24 South of Range 15 East. And T. K. Wells was listed!

The information in the tract book contains the same number for the receipt and certificate number as stated on the 1876 Woodson County, Deed.

Looking back at the Bureau of Land Management Site, I discovered that a tract book for Kansas is not on the BLM site. Redoing a search of the BLM site for any patent in section 22 of Township 24 South of Range 15 East, I confirmed that no Wells is listed. I did find a Bailey as the only patent holder in that section.

Going back to the tract book, I confirmed that a F S Bailey was listed under section 22 of T24SR15E. The certificate number and application number on the patent matches the information in the tract book for Bailey.

Unfortunately, the lack of a record for Thurston K Wells’ homestead certificate number 1316 on the BLM General Land Records site is a mystery at this time.

2 thoughts on “Missing Patent”

  1. Well that sure was a run around for you, wasn’t it? Usually, the school sections were S16 in each township. Sometimes there were two sections per township, depending on the state. I’m not sure if S22 referred to school land in Thurston Wells’s case. You could probably look it up.

    1. I tried to find verification that section 22 was school lands and so far haven’t been able to verify that tidbit. I’ll have to do more research on that aspect of the land transaction.

Comments are closed.

Discover more from Heartland Genealogy

Subscribe now to keep reading and get access to the full archive.

Continue reading

Heartland Genealogy
Privacy Overview

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.