Tag Archives: Lane

Deed for buying land for Lane, 1853

This is a transcript of a deed (document number 8869) recorded in Book K of Deeds, page 653, held at the Ogle County Recorder’s Office, Oregon, Illinois. This deed conveyed the southwest 40 of the 75 acres of land platted in the Town of Lane. Some punctuation and capitalization has modernized. See images of deed here, here, here, and here.

Note: Charlotte A. Powell was the remarried name of Charlotte Bartholomew, whose husband Sheldon Bartholomew had purchased this land from the federal government, and Charlotte and daughter Maria seem to have inherited this land from Sheldon after his death in 1846. In 1845, Sheldon paid $1.25 per acre for this land; the price given below computes to $15 per acre, an increase of 1,200% in 8 years.

Note the particular handwriting of the “ss” of Ross, and also the language in the certification statement pertaining to the separate examination of the wife’s understanding of this legal document.


Filed Aug. 18th 1853

at 10 o’clock AM

Recorded Aug. 22 1853

Ross & Powell


Robert P. Lane

This indenture, made this Eighteenth day of July in the year of our Lord One thousand Eight hundred and Fifty-Three between Isaac Ross and Maria his wife and Charlotte A. Powell of the County of Ogle State of Illinois of the first part, and Robert P. Lane of the County of Winnebago and State of Illinois of the second part, witnesseth that the said party of the first part for and in consideration of the sum of six hundred dollars, in hand paid by the said party of the second part the receipt [of which] is hereby acknowledged, and the said party of the second part forever released and discharged therefrom, has granted, bargained, sold, remised, released, aliened and confirmed and by these presents do grant, bargain, sell, remise, release, alien and confirm unto the said party of the second part and to his heirs and assigns forever, all the following described lot-piece or parcel of land  situate in the County of Ogle and in the State of Illinois to wit, the South East quarter of the South West quarter of Section No. Twenty Four (24) Town Forty (40) North in Range One (1) East of the third (3) Principal Meridian containing forty (40) acres together with all and singular the hereditaments and appurtenances therewith belonging, or in any wise appertaining; and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all the Estate Right, Title Interest, Claim and Demand whatsoever, of the said party of the first part, either in law or equity of, in and to the above bargained premises, with the hereditaments and appurtenances, to have and to hold the said premises above bargained and described, with the appurtenances unto the said party of the second part, his heirs and assigns forever. And the said Isaac Ross and Maria Ross, wife of the said Isaac, and Charlotte A. Powell party of the first part for them and their heirs, executors and administrators, do Covenant, Grant, Bargain, and Agree to and with the said party of the second part, his heirs, and assigns that at the time of the ensealing and delivery of these presents were well seized of the premises above conveyed as of a good, sure, perfect, absolute, and indefeasible estate of inheritance of the law in fee simple and hath good rightful power and lawful authority to grant, bargain, sell, and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, and incumbrances of what kind or nature soever, and the above bargained premises in the quiet and peaceable possession of the said party of the second part his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will warrant and forever defend. In witness thereof, the said part[y] of the first part herewith set their hand and seal the day and year first above written.

Signed, sealed, and delivered in presence of James P. Randall

Isaac Ross  [seal]

Maria Ross [seal]

Charlotte A. Powell [seal]

“This certifies, that on the Eighteenth day of July, Eighteen hundred and Fifty-Three, Before me, a justice of the peace of the county of Ogle in the State of Illinois, appeared Isaac Ross and Maria Ross and Charlotte A. Powell, personally known to be the real persons whose names is [sic] subscribed to the foregoing Deed, as having executed the same, and then acknowledged the execution there of as their free act and deed, And the said Maria Ross, wife of the said Isaac Ross, (who is personally known to me to be the same person who subscribed the said instrument of writing) having had the contents of the said instrument made known and explained to [her] and been by me examined separate and apart from her said husband, did acknowledge said instrument to be her free act and deed, and that she has executed the same and relinquished her dower in the lands and tenements therein mentioned voluntarily and freely and without the compulsion of her said husband, and that she does not wish to retract the same. Given under my hand and seal this Eighteenth day of July A.D. 1853

James P. Randall  [seal]

Notes and observations:

• This deed refers to a complete 40 acres and does not mention that any part of the land has been sold to the Galena and Chicago Union Railroad — which railroad was drawn in the plat of the town of Lane, which was filed 12 days after this deed’s date. This suggests that R.P. Lane purchased this land with the knowledge that he would soon be selling part of the land to the railroad, and perhaps resale monies factored into his willingness to pay a premium price for this land. I have not yet located documents to show when or at what price Lane sold to the railroad.

Founding of Illinois towns

This publication, “Selling Location: Illinois Town Advertisements, 1835-1837,” by William D. Walters, Jr. (found here), explains several aspects of how towns were established in Illinois. While the town of Lane was platted in 1853, later than the towns discussed in this article, I’m assuming (until I learn otherwise) that much of what’s said of these early towns also applied to Lane/Rochelle.

After reading the notes below, I’ve started thinking that the founding of Lane was less a locally driven effort by civic-minded landowners, and more of a money-making scheme initiated by a out-of-town investor. Not that such a beginning is illegitimate by any means, but it may not have been any more high-minded than the establishment of any contemporary housing development.

Some notes follow:

• “The creating and selling of new towns was a curious process. Usually the seller was offering nothing more than empty ground and the buyer was being asked to pay substantially more than he would for land of identical quality a few miles away. The simple truth is that the person offering the site was really offering little more than a set of arguments about future geography. These arguments were the seller’s attempt to prove that this particular location was destined to be unlike its neighbors. In turn, the buyer was not just buying a place to erect a house or store, as these could be found in existing places; he or she was purchasing a chance to rapidly multiply money by altering future geography. Buying and selling were both forms of speculation.” (PDF page 4)

• “The forces behind the boom of 1836 were as much psychological as economic.
Heady economic times create a quick rises in property values. This rapid
increase in land values feeds the forces that created it and increasingly alters the
way people view real estate. The wave of town founding that swept over Illinois
was a direct result of a perception that the best way to make money was to invest
in land, and quickest–if the riskiest–way to make money in land was to divide
open land into city lots.” (PDF page 5)

• “In Illinois the legal requirements [to create a new town] were specific, but
neither complicated nor locationally restrictive. Simply put, anyone could create a town anywhere he or she owned land. The law called the owner of the land a
proprietor. It was the same term contemporaries used for anyone who owned a
store, mill, or factory. Once a proprietor, or group of proprietors, had gained title
to the land their first step in was to secure the services of a surveyor. Fortunately
there was an abundance of such men. During the previous two decades, the
federal government had divided most of southern and central Illinois into
townships and ranges, and then had subdivided these into square mile sections.
This process of land division had required training dozens of young men in the
use of the compass, transit, level, and chain. When the work for national
government was over, many tucked away their surveyor’s tools and held them
ready for future employment. Any person with such tools and skills could be
called on to lay out a town. However, the person most commonly employed was
the county surveyor or his official deputy.” (PDF page 6)

• “The surveyor began the process of town founding by placing a stone or a stake
at a carefully measured location. If the new town was to have a public square,
the stone would usually be placed at one corner of the square. If there was to be
no square, then the stone would often be placed at the corner of the “in-lots” of
the town or at some other prominent place. From this stone, lots, streets, alleys,
and would be measured off and marked with stakes. Clusters of such stakes,
with no visible buildings, were often the subject of frontier humor. The town plan would then be transferred onto a diagram of the new town, which was called a plat. By the mid 1830s the whole process had come to be called “town platting” and the verb “to plat,” meaning to establish, was in common use. On the plat, numbers were assigned to each lot and block. These numbers are still in use today in the legal identification of land. Town plats had much in common, but were not identical. A few continued the old New England tradition of designing a town with small “in-lots” and larger “out-lots” was rapidly going out of style [sic]. Most of the new Illinois towns were subdivided only into a single size lot, usually a rectangle about fifty by two hundred feet. In addition to lots, which were usually intended for private sale, the surveyor would often create a public square, and perhaps other tracts of land to be held in common. Streets would be named and dedicated to public use.” (PDF page 7; numbered page 4)

• “How much did it cost to lay out a town? State law permitted surveyors to charge twenty-five cents a lot and to add an additional four cents a lot for recording the plat. Therefore, a two hundred-lot town could be surveyed for about sixty dollars, roughly what a fit man with a good job could expect to earn for two months of labor. If lots sold, additions could be quickly added. Certainly the expense of surveying the town must have usually been less than the cost of attracting settlers to the town.” (PDF page 7; numbered page 4)

•  “Each town had to be given a name. A great deal of silliness has been written
about town naming. Sometimes proprietors did indeed select the names of
former home towns and sometimes they used their own last names.” (PDF page 7; numbered page 4) This latter use of the proprietor’s name seems to have been the case for Lane, established by Robert P. Lane of Rockford.

• “After having surveyed the site and selected a name, the next step was to take
the plat to the county seat and have it copied into the official book, called Deed
Record. At this time streets, alleys, and squares were officially dedicated to
common use; and the plat was officially recorded. The fact that the platting date
was usually different from the recording date and both of these were always very
different from a much later date when the town might be been incorporated has
sometimes led to confusion about the date a town was created. The surveyor
also made additional copies of the plat, which were given to the proprietor. Plats
are frequently mentioned in town advertisements. Copies were often nailed up in
public places, especially courthouses and hotels. At least one plat would have to
be available at the townsite on the day of the sale.” (PDF page 9, numbered 6)

•  “Fines were imposed for platting a town in other than the prescribed manner, but were no restrictions on the number, size, or shape of lots. Yet, there is a striking similarity in the general features of town design. Where they were not restricted by topography, the plats usually established an orthogonal grid of streets usually arranged around one or more central squares. These squares were sometimes given fanciful names, but most were simply labeled “Public Square.” In a pre-railroad age, squares were important because they defined the town center and therefore identified the highest value lots, By the 1850s the railroad station replaced the square as town center, and fewer towns were designed around squares (Walters 1980, Walters 2001, Price 1968).” (PDF page 9, numbered 6) The plat of Lane has no town square but it does record the location of the Galena and Chicago Union railroad surveyed and being constructed at the time the plat was filed, 30 July 1853 (see 1878 History of Ogle, page 513).

• “After the original platting, there was no limit to the number of additions that could be made to the towns. Proprietors frequently retained land beyond the town boundaries and this could be quickly subdivided. If a town appeared to be
successful, additions were often made within months of the original survey. It is
important to understand that, because there were no restrictions on town
spacing, a rival town might at any time be platted within few hundred yards from
any new place. There are a number of examples where this was done. Such
paired towns seem most often to have been created by separate groups of
speculators trying to take advantage of a common perceived advantage. Almost
never did both places survive. To understand which towns survived, it is critical to keep in mind that it was not enough for a new town to have a good location; the town had to have a better location than its competitors and it had to be more
successfully promoted.” (PDF page 10, numbered page 7).

• “It must also be remembered that land was abundant, and town lots comprised
only a fraction of total real estate sales. In 1836 any buyer with cash in hand
could take the conservative approach and ride to the nearest federal Land Office.
By paying a dollar twenty-five cents per acre the buyer could purchase a section
of Illinois farm land that was already acknowledged to be among the best in the
world. Many writers advised this approach. Letters from the 1830s suggest to
friends that they avoid the risk of town lots and invest in agricultural land. By
opting to purchase town lots, customers knew they were taking the bigger risk.
Many sellers were open about the risk of town lots. Several advertisements invite
speculators to attend their auctions. Town lot buying was always a gamble, but it
was not usually an uncalculated toss of the dice.” (PDF page 14, numbered page 11).

• “Many town site advertisers requested that that their notices be copied in eastern papers. This practice of reprinting advertisements bred a form of local humor, discussed later, in which the canny Sucker State native journeys to the East where he unloads large numbers of valueless Illinois lots on unsuspecting
citizens of Philadelphia or New York. Like the stories of men armed with sticks
being stationed at the limits of East Coast cities to beat back the hoards of
settlers who were trying to leave for the Midwest, humor was more important
than truth. However, substantial numbers of Illinois town lots were put up for sale in out-of-state cities. Lots in Illinois could be purchased in many cities in other states. For example, visitors to Gowdey Coffee House in Nashville, Tennessee, could see maps of lots for sale in Peoria, Rome, or Charleston, Illinois (National Banner and Nashville Whig, 27 January 1837, p. 3).” (PDF 14, #11)

• “New Illinois towns had much in common. Visually they were simply clusters of
small buildings with minimum foundations and little public infrastructure. Most
structures were small, made of unpainted wood, and devoid of non-essentials.
Houses were often indistinguishable from commercial buildings. Advertisers
offered buildings that might serve as houses or “tavern stands.” The towns bore
little resemblance to the Lincoln Log recreations, so beloved of grade school
teachers and Depression-era re-creators. There were many log structures.
Cleveland, on the Rock River in Henry County, was laid out in April of 1836 and
the first buildings were erected in the following summer. One was described as a
double log house, or “dog-trott,” with one half used for a dwelling and the other
for a store (History of Henry County 1877, p. 531). However, sawmills were being
built in large numbers and sawn-boards were quickly available. As soon as
possible, shivering citizens nailed planks onto the sides of their log cabins. After
a few years un-sided urban log structures were uncommon. One of the leading
authorities on log construction once told me that he had rarely examined a log
building that had not been covered with boards soon after it was built and that
logs of many such structures generally showed few signs of long exposure. Log
structures were mixed with other modes of hasty construction. The first house in
Andover, Henry County, was built in 1837 and described as a “cottonwood board
shanty” (History of Henry County 1877, p. 139). From the earliest dates, frame
houses were very common. Such houses are specifically mentioned in the
advertisements for Brussels and Valasco. The advertisement for the town of
Monroe noted that the proprietors were also seeking buyers for both frame and
log houses. Sometimes proprietors would try to attract residents by offering to
construct houses at the new townsite. At Virginia, in what would later become
Cass County, proprietors told buyers that some houses would be built and sold
with the lots on which they stood. The first structure actually built in Virginia was a story and a half frame building (Perrin, p. 80). Although brickyards were
occasionally mentioned in town advertisements, and stone was used in selected
area, these materials were too labor intensive to be common for anything other
than important public buildings.” (PDF 15, #12).

• “Boom years like 1836 were dangerous for both those who bought and those who sold. The risk to buyers was obvious and many soon quickly realized that some auctions were little more than playgrounds for the morally challenged. Sellers were also badly hurt. Good sellers were quick to sense that the time to boom land had come. They could focus attention on the potential of a place. They often excelled at stoking speculative flame. Yet, only the most astute could properly predict the time when the bubble was going to burst. We know that they
frequently worked with borrowed money. It took money to buy land, to lay out
towns, to attract buyers, and to promote the new places. This money was at risk.
When Illinois liberalized its bankruptcy law in 1841, many who had once been
financial leaders were forced to take advantages of the provisions. As always,
the problem with booms lies not so much in knowing when to follow the crowd,
but in knowing when to make the lonely decision to abandon the frenzy.” (PDF 20, #17).

• “The towns of 1836 had interesting post-boom histories. One of three things could happen to a new town: rapid abandonment, survival followed by later removal to a new location, or lasting success. A rough rule of thumb is that one third of platted towns were abandoned without ever having been occupied, one third were briefly occupied and later abandoned, and the remaining third have
survived. The odds of survival were greater when only one town was established
in a given area, especially when that town was an early and undisputed county
seat. Towns with many near neighbors were more likely to fail. In many places
proprietors quickly gave up and asked that the plat be vacated. In theory,
vacating the plat legally ended the history of the town and was a valuable tool
because it removed the administrative and financial confusion created by
surveyed but unoccupied towns. In the simplest sense the verb “to vacate”
means to abolish something that that had been legally established. Most often
vacation was done by an act of the state legislature. The usual procedure was for
the town’s owner to sign a statement certifying that he was still owner of all of thetown’s lots and that he wished the town to be vacated. If lots had been sold, the plat could be vacated provided any additional owners also signed the document. The act of vacation was then recorded in the appropriate county. In the years following 1837, legislative acts vacating large numbers of towns were common. Often, the rapid vacation of a town plat is evidence that it was what
contemporaries called a “paper town,” one with never had occupants, and often
one where no lots had ever been sold. However, this is not always the case.
Other town-founders and lot owners did not bother with vacation. They simply
walked away from their property and left local authorities to deal with the
consequences. The legacy of thousands of lots left over from the boom took many years to resolve. Such problems were compounded by large numbers of bankruptcies during the late 1830s and early 1840s. The collective solution to these problems was the tax sale. A large number of town lots, even those in thriving places, were eventually sold for taxes.” (PDF 21, #18)

Incorporation of Lane (later Rochelle), Illinois

Having recently engaged in a local-history project with my writing students, I’ve concluded both that, one, most of the published narratives of the founding of our city, Rochelle, Illinois, leave some specificity to be desired, and two, it’s really hard to find original historical documents online. It’s not that hard to find these sources in such places as our county recorder’s office, so I’ve been gathering them with the goal of making them available online to any and all seeking information on Rochelle and Ogle County, Illinois. 

From the book Private Laws of the State of Illinois, Passed by the Twenty-Second General Assembly, Convened January 7, 1861. Springfield: Bailhache & Baker, Printers, starting on page 678.

In force February 22, 1861.

AN ACT to incorporate the Town of Lane

Corporate name and powers

SECTION 1. Be it enacted by the People of the State of Illinois represented in the General Assembly, That the inhabitants of the town of Lane, in Ogle county, are hereby constituted a body politic and corporate, to be known by the name of “The President and Trustees of the Town of Lane;” and by that name shall be known in law, and have perpetual succession; may sue and be sued, implead and be impleaded, defend and be defended, in courts of law and equity, in all matters and actions whatsoever; may purchase, take, receive and hold personal property and real estate, within the limits of the corporation, but not elsewhere; may lease, sell and convey the same; and do all other lawful acts within the scope of this act of incorporation as natural persons may do; may have a common seal, and break and alter the same at pleasure: Provided, no land shall be sold by them which has been conveyed to or is held by the corporation for streets, alleys, lanes, public grounds or squares.


Section 2. All that portion of the south half of section twenty-four, in township forty, range one east of the third principal meridian, in Ogle county, which has heretofore been laid out into town lots, blocks and out lots, either originally or as additions to the said town of Lane, and recorded in the recorder’s office of said county of Ogle, is hereby declared to be within the limits of the corporation hereby created: Provided, that the board of trustees may extend the limits of said incorporation not to exceed one mile square of land .

Town trusties

Section 3. The corporate powers and duties of said corporation shall be vested in five trustees, who shall form a board for the transaction of business. The first board of trustees, assessor, constable and justice of the peace, shall be elected on the second Monday in March next, and thereafter shall be elected annually, except the justice of the peace, who shall hold his office for the term of four years, as provided in section ten, of this act, on the second Monday in March, in each and every year, to serve for one year and until their successors are elected and qualified; they shall be citizens of the United States, twenty one years of age, shall possess a freehold estate within the limits of the incorporation, and shall have resided therein at least one year next preceding the election. No failure to elect trustees on the day appointed shall operate as a dissolution of the corporation, but such election may be held on any subsequent day, upon five days’ notice, given by any five legal voters of said town, or the clerk of the board of trustees, in such manner as the board of trustees shall by ordinance direct, may call such election.


Section 4. The board of trustees shall appoint their president from their own body, who shall preside at the meetings of the board; and in case of absence or inability to serve as the president, the trustees present shall have power to elect a pro tem. from their own number. The board shall be judges of the qualifications, elections and returns of their own members. A majority of the trustees shall constitute a board to do business …

Election of trustees

Section 41. The first election of trustees shall be held at the office of S. Hamaker, in said town of Lane, …