Transcribed and contributed by Bobby & Belinda Beldin
Martha Akes, widow of John Akes who died in the Civil War, is found on the 1870 Scott County census in Hickman Township, P.O. Waldron at Dwelling #20/20, with her two children from her first marriage to a Scantling:
Martha Akes, age 45, born Missouri
John Scantlin, age 16, born Arkansas, attending school
Mary J. Scantlin, age 10, born Arkansas, attending school
Please contact Belinda & Bobby Beldin if you are interested in exchanging information about this family.
HOMESTEAD APPLICATION FOR MARTHA J. AKES
Application No. 7157
County Clerks Office
February the 2nd,1871
I, Martha J. Akes of Scott County, Ark. do hereby apply to enter under the provisions of the Act of Congress, approved May 20,1862 entitled an Act to Secure Homestead to Actual Settlers on the Public Domain, to wit, the S 1/2 of N E 1/4 of Section 1, Township 3 N, Range 29 W containing 79.70 acres.
X ( Martha J. Akes) her mark
County Clerks Office
Waldron, February 2nd, 1871
I, Martha J. Akes of Scott County, Ark., do make this my application to enter under an Act Of Congress approved May 20,1862 entitled An Act To Secure Homestead to Actual Settlers on the Public Domain, Do solemnly swear that I am the Head of a family, a citizen of the United States, that I make my application NO. 7157 for my exclusive use and benefit for actual settlement and cultivation and not directly or indirectly for the use or benefit of any other person or persons whomsoever, that I have made Bonafide Settlement and reside thereon and have not heretofore had the benefit of this act and that I am prevented from making personal application at the district land office on account of having no horse to ride and the great distance.
X (Martha J. Akes) her mark
Subscribed and sworn to before me, L.D. Gilbreath, County Clerk of Scott County, Ark., with the seal assigned of said court at office in Waldron this 2nd day of February, 1871
L.D. Gilbreath, clerk
HOMESTEAD-RECEIVER'S OFFICE, CLARKSVILLE, ARK., FEB 7, 1871
No. 7158-corrected over to read 7157
APPLICATION No. 7158-corrected over to read 7157
Received of Martha J. Akes the sum of and compensation of register and receiver for the said entry of S 1/2 of N E 1/4 of Section 1 in township 3 Range 29 West, under the acts of Congress aproved May 20, 1862, and March 21,1864, entitled "An Act to secure homesteads to actual settlers on the public domain."
Wm. Hutchinson, receiver
Received Receipt Hd No. 7156 (corrected over to read 7157)
LAND OFFICE CLARKSVILLE, ARK.
February, 7th, 1871
I, James A. Shrigley, register of the Land Office, do hereby certify that the above application is for survey of the class which the applicant is legally entitled to enter under the Homestead Act of May 20, 1862 and that there is no valid adverse right to the same.
James A. Shrigley, Register
FINAL HOMESTEAD PROOF REQUIRED UNDER SECTION 2291
OF THE REVISED STATUTES OF THE UNITED STATES
We, Elijah Roland and G.W. Howman, do solemnly swear that we have known Martha J. Akes for 7 years last past; that she is the head of a family consisting of herself and one child a citizen of the United States; that she is an inhabitant of the S 1/2 of N E 1/4 of Section No.1 in the Township No.3 N of the Range No. 29 W, and that no other person resided upon the said land entitled to the right of Homestead or Pre-emption.
That the said Martha J. Akes entered upon and made settlement on the said land on the 7th of February, 1871 and has built a house thereon. (line left black after this and paper is creased) February, 1871, to the present time and that he has, since said settlement, plowed, fenced, and cultivated about 15 acres of said land, and has made the following improvemnets thereon, to wit: built smokehouse, dug well, built out building, and that noone prevented from appearing at the land office at DardAnelle, Arkansas to make this affidavit on account of the great distance.
X (Elijah Roland) his mark
I, J. Gilbreath, do hereby certify that the above affidavit was taken and subscribed before me this 15th day of December, 1877 and that there is no judge at court of Record present in this county.
clerk circuit court
Scott County, Arkansas
clerk, Circuit Court
Also attached is Non Mineral Affidavit signed by X (Martha J. Akes) her mark and J.C. Gilbreath, Circuit Court Clerk, Scott Co., Ark. 15 th day of Dec a.d. 1877. (Over to left in handwriting says-Jimmie Gilbreath)
FINAL RECEIVERS RECEIPT No. 2118, APPLICATION No. 7157
Receivers office, Dardanelle,Ark.
Recieved of Martha J. Akes the sum of $2.00 being the balance of payment required by law for the entry of S 1/2 of the N E 1/4 of Section 1 in Township 3 N of Range 29 W containing 79.70 acres, under Section 2291 of the Revised Statues of the United States.
M.M.---- (looks like maybe Sneed?)
Final Certificate No. 2118
Homestead Application No. 7157
Martha J. Akes
Land Office at Dardanelle,Ark.
January 17th, 1878
Sec. 1, Town. 3, Range 29
(written below is:
Appr'd Sept. 30, 1882
Pat. Dec 30th, 1882
Rec, Vol.5, page 202
(written below is: 012934 L. Rock
Land Office at Dardanelle, Ark., January 7,1878
application no. 7157
Final Certificate No. 2118
It is hereby certified that, pursuant to the provisions of section No.2291, Revised Statues of the United States, Martha J. Akes has made payment in full for S 1/2 of N E 1/4 of Sec. 1, Twp 3 N, Range 29 W, containing 79.70 acres. Now therefore be it known, that on presentation of this certificate to the commissioner of the General Land Office, the said Martha J. Akes shall be entitled to a patent for the tract of Land above described.
signed T.M. Gileion (hard to read name) register
Letter from Attorney, B.P. Holzberg, Washington, DC
To: Z.T. Hedges, Esq., Little Rock, Ark.
Dear Sir, In reply to your favor of the 29th ulto., will state that I have made a careful examination of the papers and records of the General Land Office as to the following entry and find no evidence that additional right has been assigned or located.
Martha J. Akes, who made Homestead entry #7157, Feb 7, 1871 for the S.1/2 of NE 1/4 of Sec.1,Twp 3-N, R.29-W, Dardanelle, Ark, 79.70 Acres, FC #2118, Jan.17,1878.
Papers to entry executed before L.D. Gilbreath, clerk of circuit court of Scott County, Feb. 2, 1871. Head of Family, and a citizen, Address-Scott County, Ark., Signs paper with a mark. Final proof made before J.C. Gilbreath, clerk of Circuit court of Scott County, Dec. 15, 1877. Witnesses: Elijah Roland and G.W. Howmon, who knew above seven years. Claimant had one child. I enclose certificate.Very truly yours, B.P.Holzberg
(handwritten at top-about 5 miles NE of Waldron)
Hd.7157, Dardanelle, Ark. Feb 7/71, S2NE 1-3N-29W-80 acres. Final Proof #2118 Jan 17/78. Witnesses (1)Elijah Roland (2)G.W.Howmon. Mrs Akes had one child.
There is one Wm. Ake, private Co. E 1st Ark. Inf., who enlisted Sept 1/63 was never mustered in, but was honorably discharged for disability Feb 26/64
(handwritten below on certificate)
Jno Ake, C E A 4 A (can't read)
J.A. Scantling, Ione Ark, Logan Co., Ark, claims to be a son
Rosa Akes married Henry Akes and lives near Booth.
Mrs. Roach Scantling, widow of Jno. Scantling lives near Booneville.
Mrs. Mary Horner, daughter of Martha Akes, lives in DeQueen and has daughter working at the Acme Hotel.
John Scantling died Nov 30., 1910.
Washington DC, Aug 8, 1912
I hereby certify that I have examined the records of the General Land Office and find no additional Homestead entry in the name of Martha J. Akes, as additional to her original Homestead entry No. 7157 made Feb. 7, 1871 for the S.1/2 of NE 1/4 of Sec 1 Twp 3 N, Range 29 W, Arkansas at Dardanelle, containing 79.70 acres, and that no certificate of right to make an addiontal Homestead has been issued in her name. FC #2118, Jan.17, 1878.
B.P. Holzberg, attorney
Letter from House of Representatives, Committee of invalid Pensions, Washington
Dated Dec 27,1912
Mr. Z.T. Hedges
Box 474, Little Rock,Ark.
Dear sir and Friend;
I am just in reciept of a note from the war department stating that "The records show that John Akes was enrolled December 2, 1863, at Waldron, Ark. and was mustered into service as a private in Company A, 4th Arkansas Infantry, to serve 3 yrs. He was admitted to the General Hospital, Ft. Smith, Ark., Jun 29, 1864, with remittent fever, and died July 26, 1864, in the hospital named, a Private." Trusting this is the information you desire, I am Very Truly yours, H.M. Jacoway
ADDITIONAL HOMESTEAD RIGHTS PETITION
To the honorable Probate Court,Logan Co.,Ark.
J.B. Cook, administrator of the estate of Martha J. Akes (widow of John Akes, deceased) late of ___ in the said county, deceased, respectfully represents: That the said Martha J. Akes, widow of John Akes, Dec'd, who was a private in Co.A 4th Regiment, Arkansas Infantry Volunteers during the late war of the rebellion and died July 26, 1864 and that Martha J. Akes died on or about Dec 15, 1885 in the county of Logan and the state of Arkansas, that the only surviving children and heirs at law of said Martha J. Akes, widow of John Akes, are: Mary Horner-Dequeen Ark., Jno Scantling, Jas Scantling, and Mary Rowe-Ione,Ark; Rilda Scantling, Harrison Scantling, Chas Scantling, Will Scantling, Ernest Scantling & Linda Hall, Booneville, Ark. That the said Martha J Akes, in her lifetime, made a Homestead Entry No.7157 at the United States Land Office at Dardanelle, Ark. for the S1/2 NE 1/4, Section 1, Township 3N, of range 29 West containing 79.70/100 acres: that by virtue of Section 2306 of the revised Statues of the United States the said Martha J. Akes was entitled to an additional homestead right of 40.30/100 acres, which right she never exercised in person, transferred, sold or in any manner disposed of in her lifetime, that said homestead right has never been exercised in person or disposed of by any since her death, and therefore remains intact: that said right, under the decision of the Supreme Court of the United States in Webster v. Luther (163 U.S., 331) and of the secretary of the Interior in the case of Williford Jenkins (29 L.D.,510) is a personal chattel and subject to sale and transfer (1) by the soldier in his lifetime, or (2) by the widow, if unmarried, or (3) by the minor orphan children, or (4) if there be no widow, not remarried, and no minor orphan children, then by the heirs at law of the soldier; that there being no widow not remarried, and no orphan children of the said Martha J. Akes as hereinbefore shown, the said above named heirs-at-law as hereinbefore represented, are the only surviving heirs at law of the said Martha J. Akes. Your petioner further represents that Zachary T.Hedges, of Morrell, Ark. has offered to buy said right of additonal homestaed entry of 40.30/100 acres for the sum of $80.00 and your petitioner has agreed to accept the same, subject to the approval of the court. Your petitioner avers and believes said price the full and market value of said right of entry, that it is the highest offer that he has had for said right, and that it is to the interest of said estate that it be sold for that price. Your petitioner therefore prays the Honorable Court that an order be passed authorizing_____ to sell, transfer, grant, and convey the aforesaid right of additional homestead entry to ZACHARY T. HEDGES at the said price agreed upon as herein stated. And, as in duty bound, your petitioner will ever pray. signed, J.B.Cook, Petitioner, State of Arkansas, County of Logan-Northern District.
On this 3rd day of February A.D. 1913, personally appeared before me, J.B.Cook, administrator of the estate of Martha J. Akes, deceased, the petitioner above named, who, being sworn in due form of law, says that the facts and statements set forth in the foregoing petition are correct and true to the best of his knowledge and belief. By J.C. Riley, County Clerk, by W.S.Riley, D.C.
Followed by Order of the Court of Logan Co., Ark. given under seal at Paris, Ark. 3rd day of Feb. 1913.
ADDITIONAL HOMESTEAD PROOF BY LEGAL REPRESENTATIVE
I, J.B. Cook, Legal Represntative for Martha J. Akes, state that she is the Identical Martha J. Akes, widow of John Akes who died July 1864 in Ft Smith Hospital, who made Homestead Entry #7157. I furthermore state that said Martha J. Akes, never remarried after the death of John Akes, and that there are no minor children of said Martha J. Akes, deceased. My post office is Paris Ark. signed J.B. Cook, Administrator.
Additional Homestead Right of same above for an Additional 40 acres of Homestead be sold to same Zachary T. Hedges for the sum of $80.00 by heirs at law stated in letter above. by J.B. Cook, Administrator. 3rd Feb 1913.
SOLDIERS ADDITITIONAL LAND SCRIPT - 40 Acres- J.B. Cook, administrator of Estate
Martha J. Akes, Hd.#7157, Dardanelle, Ark., Feb 7th, 1871
Service: John Akes, private, Co.A, 4th Arkansas Infantry, mustered in Feb 23, 1864; died in Ft Smith Hospital July 26, 1864-Additional assigned to Z.T. Hedges, by adm'r Feb 3, 1913 and Script for an Additional 40.30 acres.
Z.T. Hedges sold 40 and 40.30 acres to Robert E. Lee Wilson of Wilson, Ark on 12th Feb 1913. two witnesses (1) E.C. Wright (2) A.Shields, signed Zachary T. Hedges, State of Arkansas county of Pulaski.
DEPARTMENT OF THE INTERIOR, BUREAU OF PENSIONS, WASHINGTON D.C. dated Oct. 13, 1916
to The Commissioner, General Land Office:
Sir, In response to your communication (FS/D Little Rock 012934 CCM) of the 28th ult., relative to the pension claim, original number 127205, of Martha J. Akes, as the widow of John Akes, of Co.A, 4th Ark. Infantry, who died in the service, July 26, 1864, you are advised that there is no paper in the claim bering the soldiers signature. In her claim, filed May 21,1866, claimant, residing in Waldron, Ark, alleged that she married the soldier June 15, 1862 in Scott Co., Ark. A paper written by her attorneys dated June 21, 1884, states that claimant died in 1881 or 1882 and that she left no children surviving her except those of a husband she had prior to her marriage to the soldier. Respectfully yours, E.C. Tiersman, Acting Commissioner.
Return to Scott County Homestead Records
Copyright 2002-2012 by Delaine Edwards and the submitter.
All rights reserved.