Series 5040

Utah County (Utah). Probate Court Claims for Titles for Town and City Lots, 1869-[ca.1894].

0.20 cubic foot

These records are housed in the Utah State Archives' permanent storage room.

Historical Note

See history of the records' creator.

Summary of Records

This series contains a single leather-bound volume used to record land claims with the Probate Court. The claims in this record are specifically for land located with platted cities and towns, rather than land located in unincorporated portions of the county. The claims were filed as part of the process prescribed by law for individuals and entities to gain legal title to land they already occupied.

Scope and Content

This series contains a single leather-bound volume used to record land claims with the Probate Court. The claims in this record are specifically for land located with platted cities and towns, rather than land located in unincorporated portions of the county. The claims were filed as part of the process prescribed by law for individuals and entities to gain legal title to land they already occupied. Land had been allocated and bought and sold since the beginning of European settlement in Utah, but for two decades no system had been established to gain legal title to property from the federal government, which owned all the land that comprised the Utah Territory following the 1848 Treaty of Guadalupe Hidalgo at the end of the Mexican War.
As a remedy for the situation 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. 14, chap. 177) in March 1867. The act provided that officials of incorporated towns should enter town site lands at the federal land office and purchase them in trust for the inhabitants. In accordance with the provisions of the law, the Utah Territorial Legislature passed "An Act prescribing Rules and Regulations for the execution of the Trust arising under" the federal law. (Compiled Laws of Utah, 1876. Chap 4). This law dictated that within 30 days after making the entry, the mayor of the town give public notice and advertise the land he had entered. Each person claiming to be the rightful owner of land within the town had six months to "sign a statement in writing, containing an accurate description of the particular parcel ... and deliver the same to the Clerk of the Probate Court." The clerk was to make record of the claim in a book and file the statement. If the court received conflicting claims for the same property it was to hear evidence and settle the claim. If no adverse claims were received by the Court it would issue summons to the claimants, who were required to appear before the court with evidence to support their claims and minutes were to be taken and preserved. If the court determined a claim to be valid, it would certify that to the mayor, who would then issue a deed to the claimant.
Most of the records in this series are copies of declaratory statements submitted by claimants. The statements are grouped by municipality and tend to be grouped chronologically around the time when each municipality went through the process of claiming property within its corporate limits. In Utah County the initial phase of this process generally took place between 1869 and 1872. The records in this series reveal a second wave of land claims in 1876, based on legislation passed by the Territorial Legislature in February of that year, providing a six-month extension for those who had not yet filed their claims with the probate courts. (Compiled Laws of Utah, 1876. Title 19, Chap. 4).
The book contains one land claim for property in Salt Lake City. The reason for a claim outside of Utah County being filed with the Utah County Probate Court is unclear, but it may be related to the fact that the claim was made by Elias Smith, who was the probate court judge for Salt Lake County and could perhaps not file his claim in his own court. The book also records a few undated land claim cases that were apparently brought before the court after 1876.

Arrangement

By city, thereunder chronological by filing date.

Access Restrictions

This series is classified as Public.

Use Restrictions

These records are available for reproduction and use.

Preferred Citation

Cite the Utah State Archives and Records Service, the creating agency name, the series title, and the series number.

Acquisition Information

These records were acquired from the creating agency through established retention schedules.

Processing Information

This series was archivally processed by Alan B. Barnett in March 2019.

Other Finding Aids

Indexes: The book contains a partial name index.

Indexing Terms

Container List

DiscBoxVolumeDescription
pending1A Claims for Titles for Town and City Lots; index (partial)
1A Claims for Titles for Town and City Lots; pp. 1-99 Provo City; 1869 Jun 21-1870 Mar 29
1A pp. 100-149 Springville; 1869 Oct 1-1870 May 20
1A pp. 151-189 Spanish Fork; 1872 Aug 19-1873 Jan 24
1A pp. 200-226 Payson; 1869 Jul 20-1870 Apr 8
1A pp. 230-236 Provo City; 1870 Mar 29-May 16
1A pp. 238-239 Provo City; 1876 Aug 4-Aug 18
1A pp. 241-243 Springville; 1876
1A pp. 25-283 American Fork; 1869 Dec 1-1870 Sep 20
1A pp. 300-340 Lehi City; 1869 Jul 24-1870 Mar 10
1A pp. 342-345 Lehi City; 1876
1A pp. 346-353 Cedar Fort; 1870 May 16
1A pp. 356-362 Fairfield; 1870 Dec 20
1A p. 363 Fairfield; 1876
1A pp. 365-382 Santaquin; 1870 Apr 15-Apr 27
1A pp. 400-425 Pleasant Grove; 1870 May 23-Jun 6
1A pp. 427-434 Alpine City; 1869 Nov 23
1A p. 436 Salt Lake City (Elias Smith); 1872 May 17
1A pp. 438-447 Payson City; 1876
1A pp. 449-451 Pleasant Grove; 1876
1A pp.453-462 Lehi
1A pp. 464-476 Payson
1A pp. 480-482 Provo (Jorgan C. Nielsen); ca. 1894