"The Other Mount Mitchell Controversies: A Real Property History of North Carolina's Highest Mountain Range" by Gary V. Perko in The North Carolina Historical Review, Vol. XCV, No. 1 (January 2018).
"As the highest point east of the Mississippi River, Mount Mitchell is one of North Carolina's greatest natural treasurers. The so-called "Mitchell-Clingman" controversy over the original measurement of the high peak is well documented, but it was not the only dispute involving Mount Mitchell and the Black Mountain range upon which it sits. For almost two centuries, North Carolina's courts and legislature were called upon to resolve disputes over who owned -- or should own -- the slopes of the Black Mountains and even Mitchell's high peak itself. The real property history of these lands involves an eclectic cast of land speculation, enterprising mountain folk, wealthy sportsmen and socialites, carpetbagging lumbermen, and, of course, lawyers and politicians. Their collective story is one of litigation, exploitation, legislation, and, ultimately, conservation.
Photograph: Mt. Mitchell in the distance. Courtesy Romantic Asheville.
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"The records are clear, though, that in 1891 the Lusks, Moores, and Martins sold their interest in the Black Mountain lands formerly held by Stepp and Bailey to John Kerr Connally, a Civil War hero and graduate of Bailey's law school who had become a luminary of Asheville society after gaining a fortune in Texas and Virginia. [See Asheville Citizen-Times, February 2, 1904.] The deed transferring the Lusks' interest in the property to Connally perpetuated the confusion over the small parcel containing Mitchell's grave by specifically excepting the 'lot on Mitchell's Peak' they had purportedly 'conveyed to Miss Mitchell' three years earlier.'
"Not long after the sale of the Murchison Boundary, John Kerr Connally's widow, Alice T. Connally, followed suit, selling to Highland Spruce Company (for $18,410) almost all of the five hundred acres of Jesse Stepp's former lands that she held in the Black Mountains. In the deed conveying the property, Mrs. Connally reserved four small parcels, including a five-acre tract described as:
"Beginning on top of Mt. Mitchell at a stone lettered X standing North 35° 15' East of Mitchell's Monument and 8/10 of one pole from the same and runs with the top of Mountain South 62° West 14 poles to an upright stone and pointers; thence South 61° East 39 1/4 poles to a stake in the Eastern boundary line of Grant No. 659, thence with said line North 12° East 22.5 poles to a stake; thence North 60° 15' West 33.5 poles to a stake on top of the Black Mountain; thence up said top South 7° 30' East 13 poles to the Beginning. . . .
"Along with Jesse's Stepp's original reservation of 'Five acres on the Top of Mitchell's Peak and including the grave of Dr. Mitchell in his 1858 deed to Judge Bailey, Alice Connally's reservation would generate confusion when the State of North Carolina ultimately sought to preserve the summit of Mount Mitchell as a state park.
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