JAMES MANOR VERSUS JOHN W. JOHNSON - 1840

Althought historical documents say otherwise, family lore, legend and tradition say that James Manor first came to Mexican controlled Texas in 1832 when he accompanied Sam Houston on a trip to try to negotiate peace treaties with some of the Indian tribes. Mr. Manor returned home in 1835 and moved his family from Tennessee to what was by then The Republic of Texas sometime in 1836, settling on land that was called Webber’s prairie; later known as Webberville. About one year later, he made his first purchase of land in Texas. Unfortunately, due to some underhanded dealings by a man named John W. Johnson, Mr. Manor would not be able to obtain a title to his newly purchased land for at least 18 more years. 

Single men who arrived in Texas before the signing of the Texas Declaration of Independence on March 2, 1836 were entitled to what was known as a headright land grant. One of those men was John W. Johnson who received a grant for one third league of land (1476 acres) to be selected and surveyed on unclaimed land anywhere he chose in the state.

On April 6, 1837 Mr. Johnson sold his 1/3 league headright grant to John O’Brien for $600.

About a month and a half later, on May 27, 1837 John O’Brien resold John W. Johnson’s 1/3 league headright grant to James Manor for $500.

Travis County Deed Records; Deed Record Transcript 1, pages 101-103) showing

deeds from John W. Johnson to John O'Brien and from John O'Brien to James Manor

James Manor served as a Ranger in the Texas military from May 13, 1837 to April 30, 1838. He served again from January 25, 1839 to February 24, 1840.

Most likely because of his time spent in military service, James Manor had not yet applied for a certificate that would allow him to have the John W. Johnson / John O’Brien one third league of land surveyed for himself.

After John O’Brien sold the 1/3 league headright land from John W. Johnson to James Manor, Mr. Johnson, on February 3, 1838, appeared before the Board of Land Commissioners of Harrisburg County (now Harris County) and secured certificate number 118 entitling him to the 1/3 league of land. 

Certificate #118 issued to John W. Johnson on February 3, 1838

In August, 1838 John W. Johnson had survey No. 59 made for one third league of land based on Certificate #118 issued by the Board of Land Commissioners of Harrisburg County. This survey was located on the north side of the Llano River next to survey No. 65 previously made for F. B. Beck. It is assumed that this survey was later reassigned to someone else since Mr. Johnson had no legal right to this land, however, neither the reassigned deed nor the location of the survey on a map has yet been found.

Travis County Surveyor's Record A, page 56 showing survey #59 on the Llano River made for John W. Johnson

At this time, James Manor had not yet, and now could not, have a survey made for the land in his name.

In the meantime, on May 3, 1838 James Manor had received certificate number 3164 from the Republic of Texas granting him 1280 acres of land in return for his military service in Texas.

Certificate #3164 dated Mary 3, 1838 granting James Manor 1280 acres of land 

Soon thereafter, on July 5, 1838 James Manor also appeared before the Board of Land Commissioners of Bastrop County and received certificate number 77 granting him an additional 640 acres of land, to be surveyed any time after August 1, 1838.

Certificate # 77 dated July 5, 1838 granting James Manor 640 acres of land

Surveys for these two land grants were made on November 12, 1838. Both surveys were examined and verified by Bartlett Sims, County Surveyor of Bastrop County, on March 9, 1839. Not long after this, James Manor built a log cabin on his 1280 acre land grant which was located between Wilbarger and Gilleland Creeks. In 1842 he built a more modern, two-story house there, keeping the log cabin as the kitchen.

At the 1840 fall term of the District Court of Bastrop County, James Manor filed suit against John W. Johnson in an attempt to recover either the one third league of land that he had purchased the right to in 1837, or to receive the sum of $5000 dollars which Mr. Johnson had agreed to pay to Mr. O’Brien if there were any problems with a legal deed being issued to Mr. O’Brien after he purchased the land in 1837. After hearing testimony from John W. Johnson, John O'Brien and James Manor, the judgment of the court was that Mr. Johnson be required to turn over to James Manor certificate number 118, the field notes of the survey that Johnson had made, along with the one third league of land that he had previously been granted under false pretenses. Mr. Johnson was also required to pay court costs in the amount of $3.80.

Court record in the case of James Manor vs John W. Johnson - 1840

For some reason not explained in the court documents, there appears to have been a delay in the court reaching its decision; it actually appears to have been handed down in July, 1847.

Court record made by James P. Wallace, Clerk of the District Court, in the case of
James Manor vs John W. Johnson  certifying the results of the judgment - July 20, 1847

In July, 1849 John W. Johnson had a second survey, No. 39, made for the same one third league of land based on Certificate #118 issued by the Board of Land Commissioners of Harrisburg County. This survey was said to be located about 40 miles west of the city of Austin on the Pedernales River. 

Because Mr. Johnson was not legally entitled to this land any longer, survey No. 39 is shown on maps as having been granted to a man named Jonathan Lewis. Because he had arrived in Texas in 1833, Jonathan Lewis was rightfully entitled to one third league of land, however, he never applied for a certificate to be allowed to survey this land for himself. Jonathan Lewis had previously sold his right to one third league land to Buckman Canfield on August 17, 1837 for $200.  Mr. Canfield then appeared before the Board of Land Commissioners of Harrisburg County and received certificate #174 dated February 5, 1838 giving him ownership of the land previously owed to Jonathan Lewis. Buckman Canfield apparently waited until 1849 to have land surveyed for himself, and when he did, he chose survey No. 39 made by John W. Johnson in July, 1849. The survey given to Canfield was the exact same one given to Johnson but with corrections made to the written record. The corrected survey shows the land to be located in Hays County, however, today it actually shows on maps of Blanco Co.

Survey #39 made for John W. Johnson in July, 1849
reassigned to Jonathan Lewis on August 11, 1849

Survey 39 made for John W. Johnson then reassigned to Jonathan Lewis
showing Certificate #174 granted to Buckman Canfield

Certificate #174 issued to Buckman Canfield as assignee of Jonathan Lewis
February 5, 1838

1862 Blanco County map showing Survey 39 as having been granted
to Jonathan Lewis and later assigned to Buckman Canfield

June 26, 1852 -- John W. Johnson had a third survey, No. 4, made for eight and one third labors of land (one third league) based on the same Certificate #118 issued by the Board of Land Commissioners of Harrisburg County. This survey was located on the headwaters of the Palo Pinto River about 37 miles west of Comanche Peak beginning at the North West corner of survey No. 1 made for Jethro R. Bancroft. This survey No. 4 was half in Eastland County and half in Erath County.

1852 Survey #4 made for John W. Johnson in Erath and Eastland Counties

1896 Erath County map showing Survey #4 for
John W. Johnson in Erath and Eastland Counties

Some time later, in compliance with the judgment of the court in the case of James Manor vs John W. Johnson, the field notes for a survey for the one third league of land made for Mr. Johnson on June 26, 1852, along with this land, were patented (reassigned) to James Manor.

It also appears from court records that James Manor did not actually receive legal title to the 1476 acres of land until December 29, 1855. This one third league of land that he purchased for $500 in 1837 was located, half in Erath County and half in Eastland County. By this time, James Manor was firmly settled on his homestead in Travis County and actively involved in local county affairs. 

File #1031 for documents relating to Survey #4 for John W. Johnson showing
the land was patented (assigned) to James Manor on December 29, 1855

Although there will never be any way to prove it, the possibility exists that if James Manor had received clear title to the 1476 acres when he purchased it from John O’Brien in May of 1837, he may have had his homestead survey made in an area other than its current location and the town named Manor might never have existed as it is today.