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Sunday, July 21, 2024

A rare 1847 land patent for a Kerr County tract

1847 land grant from the State of Texas to Thornton F. Hollis.
Click on any image to enlarge.

In the late 1840s, when the first settlers arrived in our area, they brought with them an idea which had not been here before: land ownership.  Even though people had been in our area for around 10,000 years, this concept was new to our part of Texas.

Those earlier peoples, for the most part, had been nomadic, and never (as far as we know) built a permanent settlement. There were sites which they visited repeatedly, and over thousands of years. The idea you could own land here was new with those early settlers in the 1840s.

Before land could become property, however, another group moved through our area: surveyors. These hardy folks carved up our community, neatly placing the land within metes and bounds. The earliest surveys were taken along the river and larger creeks – because access to water had the most value.

Gov. James Pickney Henderson
I discovered something fascinating in my files last year - an original Texas land grant (or patent) from 1847. It bears the seal of the General Land Office and is signed by J. Pinckney Henderson, the first governor of Texas, after Texas joined the United States.

Henderson's term as governor was brief, lasting less than two years. During part of his tenure, he took a leave of absence to personally command troops in the Mexican War. After the war, he resumed his duties but declined to run for a second term. Later, he represented Texas in the U.S. Senate.

The land document is remarkably well-preserved for its age. Measuring 13.5 x 15.5 inches, it was printed on thick parchment. It's essentially a form where handwritten details were added to a pre-printed sheet.

The newly formed state of Texas had various reasons for offering land to citizens and others. Land grants were a key tool for encouraging settlement and development. By providing land, the government hoped to incentivize individuals and families to establish homes and businesses on the frontier, which was still largely undeveloped at the time.

Joseph A. Tivy, the deputy surveyor for the Bexar District of Texas, wrote the field notes for this particular grant on December 7, 1846. Interestingly, Tivy later became the first mayor of Kerrville and donated land to establish the town's public schools; Tivy High School is named in his honor.

Thompson Sanatorium
His notes describe the location of the site: “Said survey No. 143 in Section 2. Situated on the Guadalupe River, about 55 miles northwest of San Antonio in Bexar County.” 

“Beginning at an Elm tree 3 inches in diameter on the bank of the river….” Another corner of the tract is marked by “a Cypress tree 7 inches in diameter,” while another corner is marked by a cypress 14 inches in diameter. A cottonwood tree is also referenced in the field notes.

If these trees still exist after 177 years of floods and other potential hazards, they'd likely be considerably larger now.

The Swayzes
Governor Henderson granted the land to Thornton F. Hollis, "his heirs and assigns FOREVER" (the capitalization appears on the original document). Hollis had qualified for the land grant by certifying to the Galveston County Board of Land Commissioners that he came to Texas in 1838, was married, and had never received land before.

However, Hollis had no intention of settling on this land. He sold his grant to John S. Snyder and Alfred F. James for $50 on the very same day he received it. It's probable that Hollis was recruited to apply, as it was an easy way to earn $50. He likely never saw the land patented in his name.

The land grant program, while intended to settle the frontier, often resulted in land speculation instead. The document passed through several hands before ending up in my files. In 1872, it was recorded in Kerr County's land records, though the county didn't exist when the grant was originally issued in 1847.

Interestingly, in 1936, the State of Texas bought most of the 640 acres back from one of its subsequent owners, Dr. Sam Thompson, for $80,000. The land, which included Thompson Sanatorium, was used to establish the Kerrville State Sanatorium, a tuberculosis hospital for Black patients. Today, the facility is known as the Kerrville State Hospital.

This land grant offers a fascinating glimpse into Texas history, from its early days of statehood through various transformations. Who knows - some of the original boundary trees might still be standing, silent witnesses to nearly two centuries of change.

Joe Herring Jr. is a Kerrville native who collects historical items from Kerrville and Kerr County. If you have anything you'd care to share with him, it would make him very happy.  This column originally appeared in the Kerr County Lead July 18, 2024.

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