Last revised on
Monday, November 19, 2001.

Huron County Land Patents Database (353kb)
Waterhouse Whitelam 1860 Land Patent (PDF 128kb)
U.S. Gov. Land Patent Records Lookup

The Homestead States
Much of the United States was once "public domain" land owned by the federal government and transferred to individuals under laws enacted by Congress. Thirty states were formed from the "public domain." The 30 states are Alabama, Alaska, Arizona, Arkansas, California, Colorado, Florida, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Utah, Washington, Wisconsin, and Wyoming.

Laws that opened up the American West
The Pre-emption Act of 1841 accomodated settlers who had established themselves illegally on land ahead of government surveyors. When the surrounding land was eventually surveyed and made ready for public sale, the "squatter" had the right to appear at the local land office and purchase up to 160 acres of their illegal holdings for $1.25 per acre to pre-empt or prevent any subsequent claims, as long as the settler could show proof of a dwelling and improvements to the land. The Pre-emption Act, repealed in 1891, legalized early pioneer settlement on unsurveyed lands, and recognized squatting as a legitimate means of establishing a homestead. Many homestead files contain documents of proof related to the Pre-emption Act.

The Homestead Act of 1862 offered 160 acres of land (80 acres within the railroad grant areas) free to any head of family or person over 21 years of age who was a citizen of the United States or who had filed a declaration of intent to become a citizen in exchange for simply residing on the land for five years and improving it. Quarter sections of land were distributed free, provided the property was lived on and worked for five years. There was also an option to purchase the land after six months of residency for $1.25 per acre. Originally, the Homestead Act applied to surveyed land, but in 1880 it was extended to include unsurveyed land. Railroads spearheaded the onslaught of landseekers, bringing trainloads of homesteaders into the heart of the Western frontier.

Some three million acres of land were thus claimed in Michigan under the Homestead Act. By 1900, almost all farm land in the state had been taken.

Homestead Land Entry Papers
The official records by which the United States government transferred land to individuals, either by sale or by grant, were called land entry papers, and the document that guaranteed title to such land was called a patent.

An applicant for a homestead was called an entryman, and the initial documents included in the homestead files were contained in a land-entry case file. The land-entry case file contained the entryman's homestead application, declaration of intent, supporting documents, testimony of witnesses, bounty land warrants (if used in lieu of cash), and naturalization papers, if needed. Land-entry case files are dated from 1863 to June 1908.

Some early settlers in the public domain exercised the right of pre-emption, by which they "squatted" on public lands without permission, built a house and made other improvements, and were later allowed to purchase the land at a minimum price of $1.25 per acre when the surrounding land was put up for public sale.

Other entrymen who applied for homesteads desired to obtain possession of their land prior to the five-year passage of time required by law. Such persons were able to purchase their land for cash at the established price, instead of waiting to fulfill the homestead conditions. These homestead entry documents in such cases were filed with the cash entry files of the same land office.

A homestead application shows the name of the entryman, place of residence at the time of application, description of the land, and the number of acres.

The filing of naturalization papers was required of foreign-born persons who desired to establish a homestead and own land.

The testimony of a claimant on a homestead proof gives a description of the land, the name, age, and post office address of the claimant, describes the house, gives the date when residence was established, lists the number and relationship of family members, and explains the nature of crops and number of acres under cultivation.

Homestead Final Certificate Files
A homestead final certificate file includes the homestead application, certificate of publication of intention to complete the claim, final proof of the homestead, including the testimony of the claimant and two witnesses, a certified copy of any naturalization papers, if needed, and a final certificate authorizing the issuance of a patent (first-title deed) transferring the land from the federal government to the private individual.

The final proof certificate gives the claimant's name, age, post office address, citizenship, dates the establishment of residence, gives the number and relationship of family members, and describes the location of the tract of land with a description of the house, furniture, the type of crops planted, the number of acres under cultivation, lists farm machinery and tools,includes the testimony of the claimant and two witnesses, usually nearby neighbors, and records the date that the patent was issued, including volume and page number of the recorded copy of the patent in the Bureau of Land Management or in the National Archives.

A complete homestead case file includes the homestead application, the certificate of publication of intention to make a claim, the homestead proof, consisting of the testimony of the claimant and two witnesses, the final certificate authorizing the claimant to obtain a patent, and, when appropriate, a copy of the naturalization proceedings or a copy of a Union veteran's discharge certificate.