Last updated: September 13, 2022
Person
John Henry Kyles
Mary K. Clark
Quick Facts
Significance:
Alabama Homesteader
Place of Birth:
Steward County, GA (Mississippi)
Date of Birth:
April 8, 1868
Place of Death:
Geneva County, Samson, Alabama
Date of Death:
July 10, 1949
John H. Kyles filed his Homestead Application No. 23027 on October 10, 1889 at the Office of the Clerk of the Court for Geneva County. He filed for the purpose of settling on public land in Coffee Springs, Geneva County, Alabama. On the application, John solemnly swore that he was “a native born citizen of the U.S. and over 21 years of age” and confirmed that he had resided on the land since October 29, 1888.
The application was made for the purpose of actual settlement and cultivation for his exclusive use and benefit and not directly or indirectly for the use or benefit of any other person. He confirmed that his improvements consisted of one log dwelling, one cook house. and seven acres of land in cultivation that he valued at $200. John stated that because of the great distance to the District Land Office, he was unable to appear in person to file the Homestead Affidavit. He confirmed that he had never before made a homestead entry and provided his mark of an “X”. The Homestead Affidavit was signed by S. F. Latimer, Clerk of the Court of Geneva County, Alabama on October 10, 1889.
At the Post Office in Coffee Springs, Alabama, the application for the homestead property in Geneva County was submitted on October 10, 1889. Under Section 2289, Revised Statues of the United States, John Kyles submitted the application for Surveyed Lands located at the North half of the Southwest quarter, the Northwest quarter of the Southeast quarter and the Southeast quarter of the Northwest quarter of Section 34 in Township 3 North of Range 21 East of the St. Stephens Principal Meridian containing 160.78 acres. The application also indicated an “Excess Receipt” notation number 23392.
John’s request was received and acknowledged by the Land Office at Montgomery, Alabama on October 12, 1889. Julian H. Bingham, Register of the Land Office, certified the application for surveyed Lands under the Revised Statutes of the United States and confirmed that the application was valid.
After the land was properly registered, the Receiver’s Office in Montgomery acknowledged the receipt of $14.00 from John Kyles on October 12, 1889, as the amount of fee and compensation of Register and Receiver for the entry of property located at North half of the Southwest quarter, the Northwest quarter of the Southeast quarter and the Southeast quarter of the Northwest quarter of Section 34 in Township 3 North of Range 21 East, of the St. Stephens Principal Meridian. The receipt was signed by Nathan H. Alexander, Receiver.
John (Henry) Kyles obtained a license to marry Frances Eddins on June 23, 1892 in the Coffee County Probate Court signed by Judge B.M. Stephens. Peter Eddins witnessed the rites of matrimony which were solemnized by Hamp Thomas, Minister.
Public Notice No. 14256 of John’s intention to make final proof in support of his claim was posted from October 31, 1893 to December 16, 1893 in the Geneva Mirror, a newspaper published by Mirror Publishing Company. Names of witnesses who could prove that John Kyles maintained continuous residence and cultivated the land were included in the posting. The witness names were John T. Harrison, Henry Finney, Alexander Fitzpatrick, and Archie McNair, all of Coffee Springs, Alabama. This public notice was acknowledged by J.H. Bingham, Register in Chancery Court for Geneva, Alabama.
The following Homestead Proof and Testimony of Claimant was provided by John Kyles on December 16, 1893. He gave his age as 35 years old at the time and his post office was located in Coffee Springs, Alabama. He was a natural citizen, born in Mississippi, although most of the census records indicate that he was born in Georgia. He claimed to be the person who made the homestead entry on October 12, 1889. He described the land he claimed as primarily pine and timber and only fit for farming purposes.
His initial residence was established on October 1888. The improvements to the land included a residence of a framed log house and 50 acres of open land. He placed the value of his homestead at $400. He lived continuously in the residence with his wife and two children and he had never been absent from the homestead since making the settlement.
He cultivated about 50 acres of crops each year, for a total of five years of crops. His land was not within the limits of an incorporated town or used in any way for trade and business. He described the land as common pine land with some timber, but the most valuable use was for agricultural purposes. There were no indications of coal or minerals of any kind on the land. He had not made any other homestead entry and he had not sold, conveyed, or mortgaged any portion of his land. He did not have any personal property of any kind elsewhere. He completed the form with his signature and it was certified by R.M. Gray, Register on December 16, 1893.
Two witnesses provided statements in support of John Kyles’s application. The witnesses were John T. Harrison, 27 years old and Archie McNair, 35 years old. Both witnesses confirmed everything as stated by John Kyles. They both listed the improvements to the land as one framed dwelling, one log house and fifty acres of open land valued at $400. Both witnesses signed their statements and both testimonies were signed by R.M. Gray, Register in Chancery for Geneva County, Alamabama on December 16, 1893.
In the “Final Affidavit Required of Homestead Claimants” John Kyles solemnly swear that he was a citizen of the United States, that he actually made settlement upon, cultivated, and resided upon the land from October 1, 1888 to the present (December 16,1893). He was the sole bona fide owner as the actual settler. The affidavit was signed by John Kyles and certified by R. M. Gray, Register in Chancery for Geneva County, Alabama on December 16,1893.
On January 5, 1894 a Certificate of Posting of Notice was required as final proof in support of his Homestead Entry No. 23027 in the Land Office at Montgomery, Alabama was certified by Register J.H. Bingham. A printed copy of the notice was posted in a conspicuous place in his office for a period of 30 days, commencing on October 31, 1893.
John Kyles made the final payment of $.60 to the Montgomery Receiver’s Office on January 11, 1894. The Final Certificate No. 12820 for 160.78 acres was certified at the Montgomery, Alabama Land Office on the same date and signed by J. H. Bingham, Register.
The Homestead application received by the Land Office in Montgomery on January 11, 1894 was approved on October 20, 1894. The Homestead Land was finally patented on November 21, 1894 and recorded in Volume 25, page 373. The patent was signed by President Grover Cleveland on November 21, 1894.
In the 1900 Census, John Henry Kyles, 30 and his wife Frances “Fannie”, 27 were enumerated in Beaver Dam, Geneva County, Alabama. They had three children, Lula; 4, Arcus; 2 and Matterson; 6 months. Also living in his household was John’s widowed mother, Dollie Kyles. They were living on the homestead that was patented in 1894. Some of the neighboring families, who also served as witnesses for his Homestead application were Archibald McNair and Lizzie Fitzpatrick, the widow of Alexander Fitzpatrick. They were also homesteaders.
By the 1910 Census, John and Frances were enumerated on Settlement Road in Beaver Dam, Geneva County. They had been married for 18 years and had a total of nine children, but a set of twins had died. Their seven living children were Lula; 16, Arcus; 14 and Modeson (Matterson); 12, Joseph; 10 (my grandfather), Viola; 8, Mary F.; 6, and Mantley, 1. It has been shared that John rented portions of his land to three other families and that he cared for his parents until they died. The details about the renters had not been confirmed at the writing of this story. Sadly, his wife, Frances died in 1917 at the age of 36. The cause of death was listed as paralysis.
In the 1920 Census, John was 51, widowed and living on Upper Enterprise Road in Coffee Springs, in Geneva County. He was living with three sons Arcus; 23, Madison (Matterson) 22, Mantley; 11, two daughters Dolly M.; 16, Mary Frances; 13, and a boarder Obe McNair. In a rented dwelling on his farm lived his 71 year old mother, Dolly and his brother John C., 60. In another rented dwelling on his farm lived Marvin Fitzpatrick and his wife. By 1921, John married Sarah Baldwin, his second wife. Unfortunately, his mother, Dollie Kyles, died in June of 1925 at the age of 90. The cause of death was listed as senility.
The 1930 Census revealed that 61 year old John and his 36 year old wife Sarah were living on Ezell Bridge Road in Center Geneva in a home that they owned. They had four children, Corabelle (Carrie Belle) 8, Lucius; 6, Roy; 4, and Vela (Vedie M.) 14 months.
Between 1935 and 1940, John moved his family from his homestead. The 1940 Census revealed that John and Sarah were living in a rented home in Leverett, Coffee County, Alabama. They had two daughters, Carrie Belle; 17 and Vedie M.; 11, two sons Roy; 14 and Nathaniel; 9 and a niece Minnie Phillips; 9. It’s not clear why the family moved or what became of the homestead. It has not been confirmed whether any of the homestead remains in the family.
~ Contributed by Dr. Mary K. Clark
Dr. Mary K. Clark
Photo credit: Wayne Norman
Additional information from the contributor: The family story that was told to me many years ago by my maternal grand Aunt Carrie Belle Kyles Weeks. John Henry Kyles was a farmer. When he obtained his homestead land, he rented out a portion of his land to other farmers while he took care of his parents until their death. He had the example of his father, Willis Kyles, who obtained a patent for his Homestead on November 9, 1891. As I researched the family, I found the Kyles surname spelled many different ways including Kiles, Kylis, Kyle, Kyler, Kytes, and Kyes. I found that John Henry Kyles was noted as Henry J., John Henry, Henry , John H. on various documents. He had a brother named John C. Kyles who was about 10 years older, however John C. was never a homesteader.
John Henry Kyles and his first wife and second wife, Frances Eddins and Sarah Baldwin, created an extended family of descendants that easily number in the thousands across the U.S in Alabama, Florida, New York, New Jersey, Ohio, Michigan and other locations. My grandfather, Joe, was one of the 12 Kyles children that migrated to Vassar, Michigan in the mid 1940’s with several others from the Geneva community for jobs in the manufacturing industry. This homestead story is a powerful example of the positive influence that one man’s effort can manifest. This story also demonstrates the power of hard work, perseverance, and community helping each other to achieve a collective goal. The next steps are to explore the current property ownership to see if any family ownership remains. Other steps include to write the stories of the homestead application witnesses, some who eventually became related by marriage. Their stories also deserve to be told.
About the Author: Dr. Mary K. Clark was raised in rural Millington, Michigan. She considers herself as a fact teller rather than a storyteller. Her nonfiction stories are based on lived experiences and memories that have been collected in over 30 years of journal writing. She has worked as a higher education administrator for over 30 years in various leadership positions. She earned a B.A. in Fashion Merchandising from Bowling Green State University, an M.A. in Counseling from Wayne State University, and a Ph.D. in Higher Education Administration from the University of Toledo. For over six years, Dr. Clark has served as a Michigan state-appointed AARP volunteer. She also serves as a national AARP Volunteer Facilitation & Training Team (VFTT) member where she develops and presents specialized volunteer-led training throughout the U.S. She enjoys gardening, traveling, painting and doing family history research.