Land Trouble for Early Childerses
The Qualla Boundary Reservation of the Eastern Band of the Cherokee was
established in 1876, including part of Swain County. However, some whites,
including our ancestor Humphrey Posey Childers, occupied portions of the
land and claimed title to them.
See the Original Hand-Written Record of these claims.
According to the notes of M. S. Temple, Deputy U. S. Surveyor, 1876 . . .
H. P. Childers claimed and occupied 63 acres in Birdtown Township, Swain
County (see map); and
Cling Childers occupied 41 acres in Birdtown Township, Swain County
(surveyed March 31, 1873); this land was claimed by Nimrod Childers and
then transferred to William Penn Hyde.
For more information, see the following 1893 document by J. W. Bird, E. G.
Hyatt, and Sam B. Gibson ("We have been six days engaged in this work"),
presented in Ex. Doc., No. 128, U. S. House of Representatives, 53rd
Congress, 2nd session. "Eastern Band of Cherokee Indians v. Wm H.
Thomas, submitted by Peggy R. Lambert, 1991:
After viewing each part, use the "Back" button on your browser to return to
this page. (Note: depending on your browser, you may be able to expand the
text by moving your mouse pointer over the bottom right hand corner of the
text until a little expansion icon appears and then clicking it.)
- General Background of the land dispute: Part 1.
- General Background of the land dispute: Part 2.
- Humphrey, Cling, and others named as defendants in a suit by the United
States: Part 3.
- Amounts to be paid for quitting claims to the land: Part 4.
- More on the settlement: Part 5.
- Conclusion, including valuation of parcels: Part 6.
(Note: "A. P. Childers" is believed to be a typographical error for "H. P.
Much appreciation to Peggy Lambert for providing these documents.
www.childers-shepherd.org, 19 Dec 2006