CHAPTER XIII.

LAND TITLES.

The subject of titles to land on the western hemisphere since its discovery has been an interesting one, especially at first between Spain and England, and latterly between the Indians who were in possession and the sovereign of England. The royal charter of Charles II to William Penn, dated March 4, 1681, for the land in Pennsylvania, is a classic. The diction is attractive, and for expression of thought, gratitude, honor, power and good will it is graceful and refined. The King, in expressing his good will, continued: "and having regard to the memory and merits of his late father in divers services, and particularly to his conduct, courage and discretion under our dearest brother James, Duke of York, in that signal battle and victory fought and obtained against the Dutch fleet, commanded by the Herr Van Opdam, in the year 1665." The interest so continues. Elsewhere is noted the negotiations and treaties between Penn and the Indians.

Canoe Place, or Cherry Tree, is one of the earliest landmarks in the county, being included in the negotiations between Penn and Dongan, for the Susquehanna river lands, between 1682 and 1696, elsewhere noted. On November 5, 1768, by the treaty known as Fort Stanwix, in the State of New York, it was fixed as the boundary line of the Indian purchase of that date. On that occasion William Johnston, Richard Peters and James Tilghman, Commissioners for Pennsylvania, with representatives from New Jersey, met the chiefs of the Six Nations-the Mohawks, Onondagas, Senecas, Oneidas, Cayugas and Tuscaroras- with six thousand warriors looking on. At that time it was known as "Canoe Place" from the fact that it was the highest point to which in ordinary times an Indian could paddle his canoe up the river. It was at the junction of the Cush-Cushion creek and the west branch of the Susquehanna river. It was also on the trail to Kittanning, or to the upper Allegheny river. The name of Cherry Tree was derived from a wild cherry tree which stood on the bank at the junction of the two streams, but which was washed away in 1838. It is

North 370 Perches

Jugar Free

By

Post by Pine By Gilpin and Fesher's Land Cast 525 Perches

The Honble the Proprietaries 1123: 113
nee of Six off

and Allowance

plent

8.11.676
South
11
West
301
Perches.

Thomas Smiths Land

also the boundary corner of three counties, namely-Cambria, Clearfield and Indiana. The borough of Cherry Tree is in the latter county. On account of its historical importance the state of Pennsylvania erected a granite monument on the original corner marked by the wild cherry tree, which was properly dedicated by the state and county officials on November 16, 1894. The shaft stands twenty-seven feet above the foundation, and thirty-five feet above the water level. It has three facings upon which is cut on the side next to the respective counties, the names "Cambria," "Clearfield" and "Indiana." The inscription is thus:

Erected to mark Canoe Place
the corner of the Proprietaries
from the Indians, By the Treaty
of Fort Stanwix, N. Y., Nov. 5, 1768.

There were fifteen hundred people present at the unveiling of the monument. E. B. Camp was chosen president of the meeting, and E. E. Brilhart, secretary. Ex-Governor James A. Beaver made the dedicatory address, with Judge Harry White and Frank A. Shoemaker, of Ebensburg, speaking on local affairs.

The oldest paper title in Cambria county is dated October 13, 1760, when the Proprietors of the province issued a warrant for the survey of Chest Manor, containing almost twelve hundred acres, now in Allegheny township. The manor is about two miles north of Loretto, and the Bradley schoolhouse, which is also the polling place for that township, is located near the center of the manor. It was reserved by the Penns for a baronial estate such as are common in England, and is the only manor within the county. It was the custom of the Penns to reserve such estates in different parts of the province. There are several in Bedford, Somerset, Westmoreland and Indiana counties. However, Chest Manor did not develop, and it was sold to settlers, becoming vested in Thomas Duncan, of Cumberland county. Thomas Smith, a deputy surveyor, surveyed it June 16, 1773, and made a return thereof showing that there were several other owners to the land adjoining the Chest Manor at that time. On the north were the Gilpin and Fisher lands; on the south it was joined by William Holliday; on the east by Thomas Smith; and on the west by William Holliday.

The oldest title for land which was actually occupied and cultivated is the Horner title, in the Seventh ward of the city of Johnstown, extending into Dale borough and Walnut Grove, in Stonycreek township. It is officially known as the "Adams Improvement, or the Mill Seat," or otherwise as the Peter Snyder survey, which became vested in John Horner in 1797. Samuel and Solomon Adams and their sister Rachel occupied it about 1770. Samuel Adams was on his way from this land to the block house at Bedford when he was killed in the Indian duel at Sandy Run in 1771.

John Horner and his family came from Washington township, in Franklin county, about 1796. He died in March, 1814, at his residence on Solomon's Run. He was then blind, very old and feeble. Information of the family while they resided in Franklin county is meager; however, in his book of accounts as a merchant beginning in April, 1779, he has an against John Horner, senior, in the following form.

an account

"April 3, 1779. John Horner, Senior, settled accounts. Balance due me, 1 pound, 11 shillings and 10 pence.

"July, 1780. 266 Dollars 5 shillings. 100 00 pounds; Off (to) Congress."

On the credit side of the account he has entered a payment on this account as follows:

"In the fall, 1780. Received of him 575 dollars, Congress. There remains of that 3 pounds 12 shillings 6 pence. Reduct into specie, 1 pound, 6 shillings and 8 pence."

At that period the Continental Congress met at the following places: Lancaster, Pennsylvania, September 27, 1777; York, Pennsylvania, from September 30, 1777, to June 27, 1778; Philadelphia, from July 2, 1778, to June 21, 1783. John Horner was not a delegate to the Continental Congress at any time, but was probably attached in some official position. The John Horner, senior, was probably the father of the accountant.

Peter Snyder sold his warrant to Henry Hill on July 28, 1774, and on May 28, 1776, thirty-six days before the Declaration of Independence was proclaimed, the commonwealth issued a patent for it to Mr. Hill, who sold it to George Clymer. The title passed through several parties and became vested in Martin Reilly, who sold it to John Horner, June 3, 1797. The first paper title for the Adams Mill Seat is as follows:

PENNSYLVANIA, SS.

[SEAL]

BY THE PROPRIETARIES.

WHEREAS, Peter Snyder of the County of Philada hath requested that we would allow him to take up three hundred Acres of Land on Stoney Creek and to include a large run which falls in stoney creek and Solomon Adams's Improvement in Brothers Valley Township Bedford County (Provided the same Land does not lie in, or interfere with, our Manor of Bedford or any other of our Manors or appropriated Tracts,) for which he agrees to pay to our Use, within the Term of Six Months from the Date hereof, at the rate of Five Pounds Sterling, or value thereof in Current Money of this Province, for every Hundred Acres: and also to pay the yearly Quit-rent of One Penny Sterling for every Acre thereof, to us, our Heirs and Assigns for ever, with Interest and Quit Rent, to commence from six months after date hereof.

These are therefore to authorize and require you to survey, or cause to be surveyed, unto the said Peter Snyder at the place aforesaid, according to the Method of Townships appointed, the said quantity of three hundred Acres, if not already surveyed or appropriated, and make return thereof into the Secretary's Office, in order for confirmation; for which this shall be your sufficient Warrant: Which Warrant and Survey, in case the said Peter Snyder fulfil the above agreement within Six Months from the Date hereof, shall be valid, otherwise void.

WITNESS JOHN PENN, Esquire, one of the said Proprietaries, who, as well in his own Right as by virtue of certain powers from THOMAS PENN, Esq., the other Proprietary, hath hereunto set his Hand, and caused the Seal of the Land Office to be affixed, at Philadelphia, this twenty-fifth Day of July One Thousand Seven Hundred and Seventy-four. To JOHN LUKENS, Surveyor-General.

JOHN PENN.

A return of the survey was made to the land office on May 14, 1776.

John Horner built a dwelling and a storeroom near the Von Lunen road and Solomon's Run, and opened a store. About 1800 he erected a saw mill and grist mill on the run, and also had some kind of a weaving mill connected with the enterprise. One of the rooms in the mill was used for pay schools during the winter season. Jacob C. Horner, the son of Jonas Horner, attended the school about 1822. In addition to the Snyder tract he acquired other land contiguous, so that at his death he owned 478 acres, besides some lots, then in the village of Conemaugh, which he had purchased from Joseph Johns.