Washington County (Utah). Probate Court Land claims adjudication record books, 1873-1886.

Washington County Probate Court's Land Claims Adjudication Books are records of the proceedings of special court sessions held to judge property ownership within Washington County's several cities and towns. The testimony of each claimant, as recorded in the record books, contains proof of his identity, a description of the boundaries for the property he claimed, and a history of his occupancy on the property, including time of arrival and the nature of improvements made. Each testimony is followed by the court's decision about the claim. Special sessions were held to distribute land in the St. George, Santa Clara, Washington and Harrisburg town sites.

The probate court adjudications were prompted by national and territorial legislation. In March 1867, Congress passed "An Act for the Relief of the Inhabitants of Cities and Towns upon the Public Lands" (Statutes at Large, Treaties, and Proclamations, of the United States of America, vol. XIV, chap. CLXXVII. Published by authority ofCongress, Boston: Brown, Little and Company). This act provided that corporate officials, for incorporated towns, or the judge of the county court if not incorporated, should enter town site lands at the land office and purchase them for the benefit of all inhabitants. Congress further specified that state or territorial legislatures should prescribe rules for the disposal of individual lots.

Pursuant to this law, the Utah Territorial Legislature established regulations for disposing of town site lands. (Compiled Laws of Utah, 1876. Chap IV). Within 30 days after making the entry, the judge or mayor was required to give public notice and advertise the land he had entered. Every person, association or corporation claiming to be rightful owners to any part of this land was required within six months to present a claim to the probate court. In case of adverse claims the probate judge was required to "decide according to justice in the case," and when claims were undisputed, to determinethe validity of the claim. The probate judge or mayor was required to issue a deed conveying to each claimant the land adjudged to him. The costs of purchase and distribution were to be prorated among the claimants and any unclaimed land was to be sold at auction.