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A deal carved in stone MT file photo The gravestone for Ellin Hays, who died in 1868, is one of the many markers in Gold Hill�s Hays Cemetery, which was deeded to "the public" by the last-known owners. Historical society to maintain Gold Hill cemetery By Chris Bristol GOLD HILL � More than 100 years after an obscure pioneer cemetery was deeded to "the public," the question of who really owns it finally has been resolved. Jackson County officials in recent weeks won permission from the courts transferring title to the Hays Cemetery to the Gold Hill Historical Society, which has promised to preserve it as an historic site. Lyn Parker, president of the historical society, said the old cemetery is an important artifact. Located in the middle of a field, a half-mile off Hodson Road, it contains graves dating back to the mid-1850s. "That�s what we�re all about is preserving history," she said. "What better way to preserve early history than from these old cemeteries?" Ownership of the cemetery apparently had been in question since 1897, when a man named Peter O. Wilson and his wife Bridget deeded a tiny, one-acre parcel of their property � the cemetery � to "the public." The trouble was, nobody knew it. In fact, thanks to a gap in the chain of title and an error on the deed, it never appeared on tax-assessment maps; county officials didn�t even know it existed. "This is a piece of property someone gave us," explained Debbie Minder, an assistant county counsel. "Only we didn�t know they gave it to us." The cemetery was "discovered" eight or nine years ago by a county road crew. After some research, county officials realized the taxes had never been paid (because nobody had title) and foreclosed on it. But Rolen Rosecrans knew it existed. As a descendant of the Hays family, which homesteaded the nearby Galls Creek area, he had been taking care of the cemetery for nearly 40 years as the unofficial sexton. Meanwhile, unbeknownst to him, the county earlier this year began taking steps to gain clear title to the cemetery and get it off the books. The idea was to give it to the local historical society for preservation. After reading a Mail Tribune story about the county�s plans in August, Rosecrans marched down to the courthouse with what he thought was a deed to the property. Unfortunately, according to Minder, the deed clearly contained a one-acre exception � the cemetery. "Mr. Rosecrans had been taking care of it for a long time," she said. "He thought he owned it, but he apparently only owned all the property around it." Rosecrans eventually agreed that the best thing to do was to give it to the historical society, clearing the way for a court-ordered default when nobody else came forward. For its part, the historical society readily agreed to keep Rosecrans on as the volunteer sexton. Rosecrans said he plans to enlist more help, spiffing up the grounds and mapping grave sites. "It�s fine with me," Rosecrans said Thursday. "We�re going to get more help improving maintenance (and) plotting the graves. It�s a good way to work it out." Parker said the historical society values Rosecrans� help and expertise. "At first Rollie was a little upset," she said. "But then we explained to him that we don�t want to take anything away from him, that we still want him to continue as the sexton. All we want to do is be sure the cemetery is maintained as a historical site." Minder said certain issues remains unresolved, mainly a possible dispute with a neighboring property owner over the right-of-way to the cemetery. But the deal with the historical society means there will be no disputes about ownership of the cemetery itself. "We�re certain the cemetery will be cared for and maintained in the best way it could be," she said. "It�s not going to be lost for another hundred years." Reach reporter Chris Bristol at 776-4487, or e-mail [email protected] Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2000 Mail Tribune, Inc.