When Florida became a territory of the United States, any land not subject to a Spanish Land Grant became government property. There were a handful of islands in the Florida Keys that had been granted to individuals for various reasons – most famously, Key West. Indian Key was not one of them.
The island, like every other parcel that did not fall into the Spanish Land Grant category, could not legally be bought or sold until the government officially surveyed it. In the Florida Keys, that process began in 1872. The survey that included Indian Key was performed by Charles Smith on Feb. 5-7, 1873. It included Lower Matecumbe Key, Lignumvitae Key and Indian Key. The three islands, designated Township 64 South, Range 36 East, totaled 1,128.34 acres.
Indian Key accounted for 8.77 acres. The lone note on Smith’s survey indicated that William Bethel occupied Indian Key. What has long been assumed was that Bethel became the island’s first legal owner. After all, he was deeded the rights to the island on July 19, 1881. One year later, on Aug. 31, 1882, that deed was sold to Lewis D. Pierce, Douglas T. Sweeney, George T. Warren and Peter A. Williams.
The group was surprised when the island was sold to W.W. Dewhurst on Aug. 22, 1908. The Miami Metropolis newspaper dated June 20, 1911, ran a story called “Indian Key Purchase.” Part of the header read, “strange account of the purchase of land from government.”
According to the story, though the Sweeneys had paid taxes on the island for “twenty-five or thirty years,” the government sold the island to Dewhurst without their knowledge. The newspaper reported: “The history of Indian Key is about as follows as near as can be ascertained.
“Originally, the island was preempted by a party who sold it before he obtained a clear title. This was repeated by others who bought it, until finally mortgages were given and taken and deed given to still later purchases. As a matter of fact, none of these parties had clear title to the land. In August of 1908 W.W. Dewhurst purchased the Key from the Government for approximately $68, paid for in Palatka script. A patent was issued in 1910. Later he sold the Key to A.V.S. Smith of Jacksonville who is the present owner.”
The account was not entirely accurate. However, according to the state, Pensacola was the first legal owner of the island as it was included in Certificate No. 4, issued Nov. 4, 1885, by the State of Florida to the City of Pensacola.
The Miami Metropolis newspaper story included a letter from the General Land Office in Washington dated April 14, 1911, addressed to George McDonald, Box 253, Key West, Florida. “Sir: In reply to your letter of March 8, 1910, you are advised that Lot 1, Sec. 13, T. 64S., R. 36E (Indian Key), was located with Palatka script by W.W. Dewhurst, agent for the State of Florida, on Aug. 22, 1908, in part satisfaction of special indemnity certificate No. 4, for swamp lands in the former Palatka military reservation, under act of June 9, 1880, and patent issued thereof, on April 5, 1909. No. 55654. Very respectfully, S. J. Proudfit, Assistant Commissioner”
Dewhurst did not sell the island to Smith, but to Henry Flagler, who subsequently conveyed the island’s deed issued by Trustees of the Internal Improvements Fund of the State of Florida to Elizabeth H. Smith of Duval County. The Louisville Land Title Company in Key West wrote the abstract, and Monroe County recorded the “Trustee’s Deed” dated June 30, 1909, in Deed Book Z, p. 242.
The island remained property of the Smith family until Sept. 14, 1928, when A.V.S. Smith and Elizabeth H. Smith sold Indian Key and Tea Table Key to Frederick R. Ryan, New York, for $100 “plus other good and valuable considerations.” The July 22, 1930, classifieds in the Key West Citizen advertised the island was for sale: “Indian Key, the gem of all the Florida Keys being offered at great sacrifice. Investigate this at once.”
On Jan. 20, 1931, Frederick R. and Agnes F. Ryan sold Indian Key and Tea Table Key to Casper Howarth. A Special Warranty Deed in the Monroe County files dated March 9, 1933, assigned the island back to A.V.S. Smith. The Jan. 26, 1940, edition of the Key West Citizen advertised the island as again being for sale: “Indian Key: Famous for fishing, and healthfulness. Sell or lease for development. Reliable boatman wanted to build up and care for property. Address A.V.S. Smith, owner, DeLand, Florida.”
Indian Key was transferred again by Quit Claim Deed between Smith and Marian S. Gysland, dated June 18, 1951. Five days later, on June 23, Gysland sold the island to Joseph and Florence Williams. According to the Aug. 12, 1951, edition of the Miami Herald, “Dr. and Mrs. Joseph R. Williams from Ohio purchased Indian Key from estate of Smith in 1951 for what was reported as just under $30,000.”
The doctor and his wife sold the island to a group of investors on March 8, 1954. R. Warner Ring and E. B. Moylan Jr. of Miami, and Lindsey McChesney, an attorney from Troy, New York, bought the island from Dr. Williams for $55,000. Ownership was split among the three partners in eighths: Ring 3/8, McChesney 3/8, and Moylan 2/8. On Feb. 24, 1962, Ring sold his 3/8 ownership of the island to Joseph M. Fitzgerald.
The island’s next sale was the big one and brought about a full-circle moment. On Dec. 28, 1970, the island’s ownership by Moylan, Reed, Grigsby, Fitzgerald, Ellis, Embry, Conroy, Jones et al was transferred back to the State of Florida Board of Trustees of the Internal Improvements Trust Fund. Clearly, other property transactions occurred that are not part of the Monroe County records. Once state property, the island became part of the Florida state park system and was designated Indian Key Historic State Park.
