In North Carolina records, the county was the basis for most local records. Each county was allowed a pleas and quarter sessions court which more or less ran the county, a county register of deeds to record land records, a county sheriff, a land entry taker, a ranger, and other officials. Prior to 1806, the next step up in the court system was the district superior court. Tennessee was “attached” to Salisbury District Superior Court when Washington County (the first county in Tennessee) was formed in 1777. Later, Tennessee was moved to Morgan District Superior Court. Each superior court district served several counties. These districts existed only for superior court, so these districts didn’t function as a county (no register of deeds and no permanent sheriff). For land records, the county borders are important (so we know which deed book to research), but the superior court district borders are less important. An exception to this rule are the three surveyor districts (East, Middle, & West) created in Tennessee in 1784. There were no separate deed books for these three districts, but surveys did refer to them.
Tennessee Counties Formed Prior to 1796
~ in alphabetical order ~[Note: in the description of the county borders, Cumberland “Mountain” probably should be Cumberland Mountains (a range of mountains, not one mountain); words in brackets have been added for clarity.]
1. Davidson County: formed in 1783 from Washington County; named in honor of Gen. William Lee Davidson; in 1784 Nashville was established as county seat. Border: all that part of this State lying West of the Cumberland Mountain and South of the Virginia line, beginning on the top of Cumberland Mountain where the Virginia line crosses, extending westward along said line to Tennessee River, thence up said river to the mouth of Duck River, then up Duck River to where the line of marked trees run by the commissioners for laying off land granted the Continental line of this State intersects said river (which said line is supposed to be in thirty-five degrees 50 minutes North latitude), thence E along said line to the top of Cumberland Mountain, thence northwardly along said mountain to the beginning, shall after the passing of this Act be, and is hereby declared to be a distinct county by the name of Davidson. (NC State Records vol. 24 p. 540; NC Laws 1783 chapter 52; Whitney p. 682). Sumner County was formed from Davidson in 1787, and Tennessee County was formed from Davidson in 1788.
2. Greene County: formed in 1783 from Washington County; named in honor of Gen. Nathaniel Greene; first court held in Aug. 1783 at Robert Carr’s house; in 1789 there was a courthouse called Greene Court House. Border: by a direct line beginning at William Williams’ in the fork of Horse Creek, at the foot of Iron Mountain, thence a direct course to George Gallespie’s house at or near the mouth of big Limestone [Cr], thence a North course to the line which divided Washington County and Sullivan County, thence from said line to the Chimney Top Mountain, thence a direct course to the mouth of Cloud’s Creek in Holstein River, all that part of Washington County westward of the said line from and after the passing of this Act shall be and is hereby declared to be a distinct county by the name of Greene. (NC State Records vol. 24 p. 539; NC Laws 1783 chapter 51; Whitney p. 682).
3. Hawkins County: formed in 1787 from Sullivan County; named in honor of Benjamin Hawkins; first court held at home of Thomas Gibbins; in 1789 Rogersville was established as county seat on land of Joseph Rogers and James Hogan.
Border: beginning where the boundary line between the commonwealth of Virginia and the State of North Carolina crosses the North fork of Holston’s River, thence down said fork to its junction with the main Holston’s River, thence cross said river due South to the top of Bayes Mountain, thence along the top of said mountain and the top of the dividing ridge between the waters of Holston’s River and French Broad River to its junction with Holston’s River, thence down said Holston’s River to the junction with the Tennessee River, thence down the same to the Suck where the said rivers run through Cumberland Mountain, thence along the top of said mountain to the aforesaid boundary [State] line, and thence along said line to the beginning; all that part of Sullivan County on East side of the N fork of Holston’s River shall continue and remain a distinct county by the name of Sullivan, and all that other part which lies West of said North fork of Holston’s [River] shall thenceforth be erected into a new and distinct county by the name of Hawkins. (NC State Records vol. 24 p. 830 and vol. 25 p. 49; NC Laws 1786 chapter 34; Whitney p. 683).
4. Sullivan County: formed in 1779 from Washington County; named in honor of John Sullivan; first court held at Moses Lancy’s home; in 1787 court house was moved to Joseph Cole’s home. Border: a line beginning at the Steep Rock, thence running along the dividing ridge that divides the waters of Great Canawee [River] and Tennessee at the head of Indian Creek, thence along the ridge that divides the waters of Holstein [River] and Watauga [River] to the mouth of Watauga [River], thence a direct line to the highest part of the Chimney Top Mountain at the Indian boundary; all that part of Washington County which lies northwardly of said dividing line shall be erected into a new and distinct county named Sullivan County, and all that other part of said county which lies southwardly of said dividing line shall continue and remain Washington County. (NC State Records vol. 24 p. 300; NC Laws 1779 chapter 29; Whitney p. 681).
5. Sumner County: formed in 1787 from Davidson County; named in honor of Gen. Jethro Sumner; first court was held at JohnHamilton’s home; in 1796 the county seat was to be called “CAIRA” which was changed to “Cairo” when incorporated in 1815; in 1797 the 1796 law was repealed with a new site to be selected; in 1799 the 1797 law was repealed; in 1804 Gallatin was established as the county seat.
Border: beginning where the county line crosses the West fork of Stone’s River, [runs] down the same to the junction with the main Stone’s River, thence a direct line to the mouth of Drake’s Lick Creek, thence down Cumberland River to the mouth of Karpus Creek, thence up said creek to the head of Wartrace fork, thence a northwardly course to the Virginia line at a point that will leave Red River old Station one mile to the East; all that part of Davidson County that lies West of said line shall continue and remain Davidson County; all that part of Davidson County that lies East of said dividing line shall thenceforth be erected into a new and distance county named Sumner. (NC State Records vol. 24 p. 826; NC Laws 1786 chapter 32; Whitney p. 683).
6. Tennessee County: formed in 1788 from Davidson County; Tennessee County disappeared from the records when Montgomery and Robertson Counties were formed.
Border: beginning on the Virginia line, running South along Sumner County [line] to the dividing ridge between Cumberland River and Red River, then westwardly along said ridge to the head of the main South branch of Sycamore Cr, then down the said branch to the mouth thereof, then due South across Cumberland River to Davidson County line; all that part of Davidson County that lies East of said line shall continue and remain Davidson County; all that part of Davidson County that lies West of said line shall be erected into a [new] county named Tennessee. (NC State Records vol. 24 p. 973; NC Laws 1788 chapter 28; Whitney p. 684).
7. Washington County: formed in 1777 from Washington District (created in 1776) which was the territory West of Wilkes County between Wilkes County and the Virginia line and the hunting grounds of the Cherokee Indians and the Mississippi River; named for General/President George Washington; first court held at Charles Robertson’s home; in 1779 Jonesboro was established as the county seat.
Border: beginning at the most northwesterly part of Wilkes County on the Virginia line, running with Wilkes County line to a point 36 miles S of the Virginia line, thence due West to the ridge of the great Iron Mountain which heretofore divided the hunting grounds of the Overhill Cherokees from those of the Middle Settlements and Valley, running southwesterly course along said ridge to the Unacoy Mountain where the trading path crosses the same from the Valley to the Overhills, South with the line of this State, adjoining the State of South Carolina, thence due West to the great Mississippi River, thence up said river the courses thereof to a point due West from the beginning, thence due East with the line of this State to the beginning; all that part of this State comprehended with the lines aforesaid shall be henceforth be and remain Washington County and is declared to be part of Salisbury District. (NC State Records vol. 24 p. 141; NC Laws 1777 chapter 31; Whitney p. 681). Sullivan County was formed from Washington County in 1779; Davidson County was formed from Washington County in 1783.
In 1788 part of Washington County was annexed to Sullivan County: beginning at head of Indian Creek where the line divides Washington and Sullivan Counties, [runs] a straight line South of David Hughes, a straight line South of Francis Hodge’s to the Watauga River, down the meanders of said river to its junction with Holston River, thence up the line which divides Washington and Sullivan Counties to the first station; [this land] shall be annexed to Sullivan County. (NC State Records vol. 24 p. 974; NC Laws 1788 chapter 29; Whitney p. 684). In 1792 part of Washington County was annexed to Wilkes County: begins at the most southwardly part of Wilkes County on the Burke County line, runs due West to the dividing ridge between the waters of Watauga River and Doe River, then along the extreme height of said ridge to the line of the ceded territory [Tennessee], then along the said line to the Virginia line, and along the Virginia line to the old line of Wilkes County, the same [land] is annexed to Wilkes County. (NC State laws 1792 chapter 32).
Eastern District: Greene County to Cumberland Mountains; As indicated above, joined Washington County on the East and Indian land or the state line on other sides; so for land claims the borders of Eastern District could have been vague and were sometimes considered to be the North Carolina border to Cumberland Mountains. Surveyor’s Districts Created 1784 by North Carolina
~NC Laws 1784, Chapter 14~Middle District: Cumberland Mountains to Tennessee River
Western District: Tennessee River to Mississippi River.
There were no “governments” or court records related to these districts. They were simply a method of dividing Tennessee for surveyors.
For additional information about North Carolina counties see the book The Formation of the North Carolina Counties 1663-1943 by David L. Corbitt. This book also contains very helpful maps, drawn by L Polk Denmark, which show the location of the counties; one map shows the counties in Tennessee about 1790. “NC State Records” refers to State Records of North Carolina edited by Walter Clark. “Whitney” refers to Land Laws of Tennessee by Henry D Whitney.
Carter County (formed in 1796 from Washington; see Whitney p. 688) Other Counties Formed After 1796
& Mentioned in North Carolina Land Grant Records
Grainger County (formed in 1796 from Hawkins & Knox, see Whitney p. 687)
Giles County (formed in 1809 from Maury, see Whitney p. 716)
Jefferson County (formed in 1792 from Greene & Hawkins, see Whitney p. 684)
Knox County (formed in 1792 from Greene & Hawkins, see Whitney p. 684)
Maury County (formed in 1807 from Williamson, see Whitney p. 711)
Montgomery County (formed in 1796 from Tennessee, see Whitney p. 688)
Robertson County (formed in 1796 from Tennessee, see Whitney p. 688)
Sevier County (formed in 1794 from Jefferson, see Whitney p. 685)
Smith County (formed in 1799 from Sumner, see Whitney p. 692)
Williamson County (formed in 1799 from Davidson, see Whitney p. 692)
Wilson County (formed in 1799 from Sumner, see Whitney p. 692)
“no” county: (meaning the surveyor didn’t indicate a county when the survey was done).
State of Franklin Counties
During the brief existence of the state of Franklin, three counties were created: Caswell, Sevier, and Spencer. I don’t believe Caswell or Spencer Counties are mentioned in North Carolina grants; Sevier County is mentioned as cited below. North Carolina created Hawkins County from Spencer County in 1787.
Land Grant files in North Carolina Archives
~ Secretary of State’s Files ~The land grants are recorded in books. The grant books are in the North Carolina Archives and are on microfilm. For each grant, there is a file that was assigned a number. These files are arranged by county (where the land was when it was surveyed). In each county, the files are subdivided into two groups: (a) the first group is files for which a grant issued and (b) the second group is files for which no grant issued. The files in the first group are numbered 1, 2, 3, etc. and are arranged on film in numerical order. The files in the second group are numbered 01, 02, 03, etc. ; so if the file number begins with zero, that’s an indication that no grant issued; some files in the second group contain loose letters or petitions and don’t relate to a definite survey. Each file, shuck, packet, or envelope contained the loose paperwork that has survived; the loose paperwork includes the survey and warrant and, sometimes, extra letters or petitions. On the outside of each shuck are “usually” found: (a) the file number (at top of the “page”), (b) county, (c) name of grantee, (d) number of acres surveyed, (e) date and number of the grant, (f) date and number of warrant (usually called “entry” in error), (g) grant book and page number for the grant, and (h) first few words of the survey. The original survey/warrant shucks are in the North Carolina Archives and are on microfilm. You will be encouraged to first try looking at the survey/warrant shucks or grant books on microfilm. If the film isn’t readable, the original record can be viewed. Be sure to look at front and back of survey and don’t forget to record names of chain carriers who were often neighbors or children of the grantee. Be sure to look at the front and back of the warrant to determine who bought and sold the warrant; sales of some warrants may be documented on additional sheets in the shuck. Don’t ignore additional sheets in the shuck because they may mention petitions to the legislature or contain letters to the Secretary about various problems.
There are two indexes to this material: (a) a card index and (b) a computer index. The card index is the same index that was in the Secretary’s Land Grant Office. This index isn’t perfect, but it is correct most of the time. There is a card in this index for each shuck; the cards are in alphabetical order by name of grantee. On the card, look for the county and file number to determine where to look in the survey/warrant/grant files. The computer index is in the North Carolina Archives’ MARS computer system and can be used, currently, only at the archives. The staff at the archives can provide assistance the first time you try to find someone in the MARS system. Once again, you are looking for a county and file number in the computer information to know where to go in the survey/warrant/grant files.
Carter County: 3 files for which there are grants and 2 files with no grant. The Tennessee Grant Files are in the Following Counties & Districts:
Davidson County: 2,475 files for which there are grants and 88 files with no grant.
Eastern District: 453 files for which there are grants and 34 files with no grant.
Middle District: 614 files for which there are grants and 89 files with no grant.
Western District: 434 files for which there are grants and 7 files with no grant.
Greene County: 1,771 files for which there are grants and 166 files with no grant.
Grainger County:.13 files for which there are grants and no files with no grant.
Giles County: 19 files for which there are grants and no files with no grant.
Hawkins County: 1,153 files for which there are grants and 54 files with no grant.
Jefferson County: 2 files for which there are grants and 7 files with no grant.
Knox County: 19 files for which there are grants and 14 files with no grant.
Maury County: 33 files for which there are grants and no files with no grant.
Montgomery County: 6 files for which there are grants and 39 files with no grant.
Robertson County: 9 files for which there are grants and 46 files with no grant.
Sevier County: 1 file for which there is a grant and 1 file with no grant.
Smith County: 28 files for which there are grants and no files with no grant
Sullivan County: 832 files for which there are grants and 133 files with no grant.
Sumner County: 1,469 files for which there are grants and 145 files with no grant.
Tennessee County: 685 files for which there are grants and 86 files with no grant.
Washington County: 1,393 files for which there are grants and 124 files with no grant.
Williamson County: 1 file for which there is a grant and no files with no grant.
Wilson County: 5 files for which there are grants and no files with no grant.
“no” county: no files for which there is a grant and 104 files with no grant.
This list indicates 11,418 grants issued (about 91% of the total number of files) and 1,139 files with no grant (about 9% of the total number of files). End.
