Path grant
The Path Grant
The Path Grant Indenture was recorded on November 15, 1794 in Deed Book 1 pages 147 – 150 of the Registrar of Deeds, Hawkins County Tennessee. The hand written deed was transcribed by the Registrar of Deeds
Other transcription versions exist with minor typographical differences.
This indenture made this 17th day of March in the year of our Lord Christ 1775, between Oconistoto, chief warrior and first representative of the Cherokee Nation or tribe of Indians, and Alla Cullacullah and Sewanooko, otherwise Coronok, chiefs appointed by the warriors and other head men to convey for the whole nation --- Beginning the aborigines and sole owners by occupancy from the beginning of time of the lands on the waters of the Ohio River from the mouth of the Tennessee River up the said Ohio to the mouth or emptying of the Great Canaway or New River, and so cross by a southward line to the Virginia line by a direction that shall stretch or hit the Holston River six English miles above or eastward of the Long Islands therein, and other lands and territories thereunto adjoining, on the one part, and Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Lutterell, William Johnston, James Hogg, David Hart, and Leonard Hendly Bullock, of the province of North Carolina, of the other part, witnesseth that the said Oconistoto for himself and the rest of the said nation of Indians, for and in consideration of the sum of ten thousand pounds lawfull money of Great Britton to them in hand paid by the said Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Lutterell, William Johnston, James Hogg, David Hart, and Leonard Hendly Bullock, the receipt whereof the said Oconistoto and his whole nation do for themselves and the whole tribe of people, have granted, bargained, and sold, aliened, enfee, offered, released, and confirmed, and by these presents do grant, bargain, and sell, alien, enfee of release and confirm to the said Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Lutterell, William Johnston, James Hogg, David Hart, and Leonard Hendly Bullock, their heirs and assigns forever, all the tract, territory, or parcel of landbeginning on the Holston River where the courses of Powels Mountain strikes the same, thence up the said river as it meanders to where the Virginia line crosses the same, thence along the line run by Donelson & Co. to a point six English miles eastward of the Long Islands in said Holston River; thence a direct course toward the mouth of the Great Canaway until it reaches the top of Powels Mountain, thence westward along the said ridge to the beginning (End of Page 147) and also the reversion and reversions, remainder and remainders, rent, services thereof and all the estate, right, title, interest, claim, and demand whatsoever of them, the said Oconistoto and aforesaid whole band or tribe of people of, in, and to the same premises and of, in, and to every part and parcel thereof, to have and to hold the said Messuage territory and all and singular the premises above mentioned with appurtinances above mentioned unto the said Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Lutterell, William Johnston, James Hogg, David Hart, and Leonard Hendly Bullock, their heirs and assigns in severallity and tenants in common, and not as joint tenants, that is to say one eighth part to Richard Henderson, his heirs and assigns forever; one eighth part to Thomas Hart, his heirs and assigns forever; one eighth part to Nathaniel Hart, his heirs and assigns forever; one eighth part to John Williams, his heirs and assigns forever; one eighth part to William Johnston, his heirs and assigns forever; one eighth part to John Lutterell, his heirs and assigns forever; one eighth part to James Hogg, his heirs and assigns forever; one sixteenth part to David Hart, his heirs and assigns forever; his heirs and assigns forever; and one sixteenth part to Leonard Hendly Bullock, his heirs and assigns forever; to the only proper use and behoof of them, the said Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Lutterell, William Johnston, James Hogg, David Hart, and Leonard Hendly Bullock, their heirs and assigns forever. Under the yearly rent of four pence as to be holden of the chief Lord or Lords of the fee ot the premises by the rents and service thereof due and to right accustomed. And the said Oconistoto and the said nation for themselves do covenant and grant to and with the said Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Lutterell, William Johnston, James Hogg, David Hart, and Leonard Hendly Bullock, their heirs and assigns that they, the said Oconistoto and the rest of the Nation and people now are lawfully and rightly seized and in their own right of a good, sure, perfect, absolute, and indefeasible estate of inheritance in fee simple of and in all and singular the said Messuage and premise above mentioned and of all and every part and parcel thereof, with the appurtinances without any manner of condition, mortgage, limitation of use or uses, or other matter, course, or thing to alter, change, charge, or determine the same and also the said Oconistoto and the aforesaid nation now have good right, full power, and lawfull authority in their own right to grant, bargain, and sell and convey the Messuage territory and premises above mentioned with appurtinances unto the said Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Lutterell, William Johnston, James Hogg, David Hart, and Leonard Hendly Bullock, their heirs and assigns to the only proper use and behoof of the said Richard Henderson & Co. according to the true intent and meaning of these presents and also that they said Rich Henderson, (End of page 148) Thomas Hart, Nathaniel Hart, John Williams, John Lutterell, William Johnston, James Hogg, David Hart, and Leonard Hendly Bullock, their heirs and assigns shall and may from time to time and at all times hereafter peacebly and quietly have hold, occupy, possess, and enjoy all singular the said premises above mentioned to be granted with the appurtinances without the least doubt, hinderance, molestation, interruption, and denial of them. The said Oconistoto and the rest or any of said nation, their heirs or assigns and of all and every other person or persons whatsoever claiming or to claim by, from, or under them or any of them and further that the said Oconistoto, Alla Cullacullah, Sewanooko, otherwise Coronok, for themselves and for and in behalf of their whole nation and their heirs and all and ever other person or persons and his and their heirs anything having or claiming in the said Messuage territory and premises above mentioned, or any part thereof by, from, or under them shall and will at all times hereafter at the request and costs of said Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Lutterell, William Johnston, James Hogg, David Hart, and Leonard Hendly Bullock, their heirs and assigns, make, do, and execute, or cause or procure to be made, done and executed, all and every further and other lawfull and reasonable grants, acts, and assurances in the law whatsoever for the further, better, and more perfect granting, conveying, and assuring of the said premises hereby granted with the appurtinances unto the said Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Lutterell, William Johnston, James Hogg, David Hart, and Leonard Hendly Bullock, their heirs and assigns to the only proper use and behoof of the said Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Lutterell, William Johnston, James Hogg, David Hart, and Leonard Hendly Bullock, their heirs and assigns forever, according to the true intent and meaning of these presents and to offer none other use, interest, or purpose whatsoever; and lastly the said said Oconistoto, Alla Cullacullah, Sewanooko, otherwise Coronok, for themselves and the whole nation aforesaid have so ordained, constituted, and appoint and by these presents do make, ordain, constitute, and appoint Joseph Martin and John Farror their true and lawfull attorneys jointly and in either of them severally for them and in their names unto the said Messuage territory and premises with the appurtinances hereby grant and convey or mentioned to be granted and conveyed or into some part thereof in the name of the whole to enter in full and peaceble possession and seizing thereof for them and in their name to take and to have and after such possession and seizing so thereof and had the lawfull and peaceble possession and seizing thereof or of some part thereof in the name of the whole unto Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Lutterell, William Johnston, James Hogg, (End of page 149) David Hart, and Leonard Hendly Bullock or their own attorney or attorneys in their behalf to give and deliver to hold to them the said Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Lutterell, William Johnston, James Hogg, David Hart, and Leonard Hendly Bullock, their heirs and assigns forever according to the purport true interest and meaning of these presents ratifying, confirming, and allowin all and whatever their attorneys either of them shall do in the premises. In witness whereof the said Oconistoto, Alla Cullacullah, Sewanooko, otherwise Coronok, the three chiefs appointed by the warriors and other head men to sign for and in behalf of the whole nation hath hereunto set their hands and affixed their seals the day and year above written.
Signed, sealed, and delivered in the presence of
| William Bailey Smith | |
| George Lumpkins | Alla Cullacullah (His Mark) Seal |
| Thomas Houghton | |
| Caselton Brooks | Oconistoto (His Mark) Seal |
| George Lumpkins | |
| John Bacon | Sewanooko, otherwise Coronok (His Mark) Seal |
| Tilman Dixon | |
| Valention Sercey | |
| Thomas Price | Joseph Vann Linquister |