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State vs. Abraham Helton

 

Georgia              

To all Singular the Sheriff of State

 

Greeting Newton County 

 

Whereas by an act of the general assembly of this state passed on the fifteenth day of May Eighteen hundred twenty one entitled an act to dispose of distribute the lands lately acquired by the United States for the use of Georgia of the Creek Nation of Indians by a treaty made concluded at the Indian Springs on the Eighth day of January eighteen hundred twenty one to add the reserve at fort Hawkins to the County of Jones. It is among other things provided that any white male person of Eighteen years of age upwards being a citizen of the United States at least three years an Inhabitant of this State three years Immediately proceeding the passage of said act should be entitled to one draw in a lottery of lands acquired by the treaty aforesaid for the use aforesaid. Whereas it is further provided in said act that every male person of like description having a wife or legitimate male child or children shall have two draws and whereas it was further provided in said act that all returns made contrary to the true intent meaning thereof are declared to be fraudulent.  All grants issued in Consequence of such fraudulent returns are declared to be null and void the lands so granted or drawn shall be worth one half to the State the other half becomes the property of the informed and whereas his Excellency George M. Troup governor commander in chief of the army and navy of the State and of the militia thereof on the information of Alexander King hath represented thatAbraham Helton late of the County of Habersham   and state foresaid falsely fraudulently in the year Eighteen hundred twenty one in Townsend district of County of Habersham caused his name to be entered on the list of names then there legally taken to be returned as allotted to two draws in land lottery. When in truth in fact the said Abraham Helton was not entitled to such draws by Reason of his not being a white person also by reason of his not having been an inhabitant of this state three years immediately proceeding the passage of act and also by reason of his not having paid all taxes required of him also by reason of his not having a wife or legitimate male child or children under the age of eighteen years not unmarried female child or children at the time of the passage of the act nor since that time that the Abraham Helton at the land lottery drawn at Milledgeville in the year eighteen hundred twenty one pursuant to act by reason of the draw drew lots number forty two in the tenth district of the County of formerly Henry but now Newton which lot of land was afterwards legally granted to him under the great seal of the State. Whereas you are hereby Commanded to make known to the Abraham Helton that he appear before the Superior Court to be holden in for the County of Newton on the Wednesday next after the first Monday in October next then and there to show cause if any he has why draw should not be decreed fraudulent the grant annulled and the said lot of land revert again to the state according to the terms and effect of said act and further to do and receive whatever said Court shall determine in this behalf. Hereof fail not and have you there and there this writ with your actions doings thereon. Witness the Honorable Eli I. Sharter Judge of the Superior Court the 30th June 1825.

 

                                                                        /s/ John H. Trimble=clk

 

Then defendant not to be found in the County 15 Sept. 1825

                                                                        /s/ L. Morrow Sheriff

 

We the jury do find the return fraudulent

                                                                        /s/ Elijah Hearn foremen

 

Whereupon it ordered adjudged and Considered by the Court that the grant is hereby declared to be null and void that the lot of land revert one half to the state the other become the property of the informed according to the provisions of the statute in such case provided that the defendant be in mercy.           /s/Augus M D King

                                                                                   

                        Recorded 17 Aug 1827

                                                                                    /s/ L. Halkins D.clk

 

Sent in by: Len Griffin

 

 

2016