Polk Family Papers Box 9 Document 41

POLK Letters: April 11, 1860

1860, April 11

The Rt. Rev. James Otey, Winchester, Tennessee, to Bishop Polk, re: his being in Winchester on official business for the church, and his talk with Col. Barney in regard to the land grants for Sewanee, and Col. Barney's suspending all operations at the University Place because of Thompson's claim of 1,700 acres of land surrounding the very site about Rowe's Spring, and that the Sheperd Claim had not been adjusted, together with matters about the turnpikes; more details about the Thompson Claim an other legal affairs. 4 pp.

Winchester April 11. 1860.

[to Leonidas Polk]

My dear Bishop,

I came here two days since upon official duties, connected with the church and avail myself {insert symbol}of a liesure moment to write to you, and give you some items of information which may not be without interest to you. -- I saw Col Barney yesterday, and was sur= =prised to learn from him that he had suspended all operations at University place, in consequence of a re= =cent discovery that {strikethrough: the} {insert symbol}a grant {strikethrough: of} {insert symbol}to one Thompson of {illegible: 1750? 1700?} acres of land, entered into the University lands, and surrounded the very sites about Rowe's Spring, which had been selected as the most eligible for University buildings &c -- that the Shapard claim had not been adjusted {insert symbol: which things} together with some other matters about Turnpike roads &c, presented to the mind of our Engineer a gloomy, if not a dark pic= =ture of the future. Barney, I think, is a little apt to look at the shady side of things. Still we cannot but commend his zeal for the interests of the University and his straight-foward, & prompt course in all

matters, with the management of which he is charged. Soon after my interview with Barney who told me, he had communicated with you & had your approval of his course, I met with Maj A. Rutledge. He went over the same ground in his statement of difficulties which had grown {struckthrough: up} out of Thompson's claim. That which sur= =prises me most, is, that this claim has lain so long undiscovered. With so astute a man as Colyar{underlined}, specially charged with this branch of business, I should have, & had, concluded, that every parcel of land which Barney had taken in his survey plat, had been thoroughly examined, from the last conveyance to the original grant or entry. It now appears that the Thompson's entry{underlined} calls for a certain line to run S. which would pass entirely clear of our grounds -- but that his (T's) grant{underlined} calls for the same line to run S.W. which penetrates into the U. lands & surrounds the Rowe Spring tract. Barney tells me that he had discovered the line & {illegible: corners?} & traced it out. Porter & somebody else held {struckthrough: under} {insert symbol}from Thomp= =son under conveyance dating 1837. They had possession for 9 years, which would bar all claims but those of minors & femmes covertes. Now it so happens that Thomp =son had a daughter who married & had issue one

-daughter, in whose behalf this claim is now set up. Because of the possession of Porter &c for nine years does not bar the claim of this minor, it fails also to ex= =clude the other heirs of Thompson though they had parted with their interests 23 years ago. Such I understand is the law! Rutledge says this matter can & will all be arranged. But the arrangement depends, so far as I can see, upon the action or votes of the people of this county {struckthrough: the or then} to be taken the 26th May next on the question to raise a tax to build the turnpike roads to the top of the mountain and provide funds to release the University lands from all claims & incumbrances. Henry Fogg is now here. He came to look into these matters with Colyar, and to attend to the settlement of the claims of the Estill heirs. Judge Ridley, the Chancellor, is to be here on Tuesday next to hold a special court and to make a decree for the Estill heirs by which their interests will be secured on lands outside of the Uni= =versity bounds. This item will be arranged, I suppose without doubt. Henry Fogg with his Uncle Godfrey also, came, likewise, to look after the Thompson claim. It appears that one J. W. Anderson has that interest in hand, and he was expected here to arrange {struckthrough: with} it with Colyar But he has not come. The agent acting for the Thompson heirs & perhaps under instructions from Anderson, entered into an agreement with Barney to sell Thomson's grant 1750 acres for one dollar ($1.) per acre. And this will probably be the basis of the settlement, if one is effected. Colyar whom I saw this morning persists in the opinion that Shapard's claim is really{underlined} invalid{underlined}: Yet he has at= =tempted with Mr F.B. Fogg & others to compromise with Shappard rather than go into a suit. He thinks now that a suit will be inevitable by all probability. He says that he learned from Shapard's lawyer that S. would take $3500 for his claim -- that he went to close the business with S. and that S. then said he would take nothing less than $5000 -- and that{underlined} in{underlined} cash{underlined}!! I told {illegible} -- to-day, that the position of our Board before the public, sustained

as it was, by the confidence & support of the Community, was such, as to forbid its submitting to these hindrances & annoyances in the prosecution of our work -- that those matters must be brought to a speedy termin= =ation -- that we could not & would not sub= =mit to be badgered in this way from year to year -- hindered & thwarted by the neglect or indifference of any com= =munity who seemed insensible to its own interests &c &c. He said that if it is possible every thing shall be settled by July -- Now one word more before quitting this matter. Do you think it expedient to call a meeting of the Ex.{underlined} Com.{underlined} say in June or not? Write & direct to Memphis.

I am grieved to inform you that Henry Fogg tells me that your Bro. William is very low, & that there is no hope enter= =tained by his family & friends of his recovery. May a merciful God prepare him & us all for the change that awaits us! I feel my own lease of life, day by day, as more un= =certain & that my time is drawing near. I am now very feeble -- having suffered much on this trip -- Yours affectionately

Jas H. Otey

Rt. Rev Bp. Polk. D.D.