Advertisement

Jacob Dearinger

Advertisement

Jacob Dearinger

Birth
Pennsylvania, USA
Death
6 Feb 1873 (aged 85)
Galesburg, Jasper County, Iowa, USA
Burial
Galesburg, Jasper County, Iowa, USA Add to Map
Memorial ID
View Source
Son of: Michael, Husband to: Nancy Cook Dearinger, Father to: John Nelson, William, Meshack, Jacob Riddle, Sarah Ann, Simeon, David, Henry C., Susan, George W. The picture to the right is the Dearinger Cemetery located just South of Galesburg, Iowa. The site is in a sad state.

This is an attempt to tell only the story of Dearinger Cemetery and any legal descriptions and other related documents can be found at the Jasper County Genealogical Library in Newton, Iowa.

In the early 1800's pioneers from the east began to settle Jasper County, Iowa. One of these families was the Dearinger's from Ripley, Indiana. Jacob Dearinger Sr. and his wife Nancy Cook purchased land in Elk Creek Township and began to farm. In 1853 or 1854 their son William Dearinger and his wife Hannah Hammer lost their first born child. The infant was laid to rest in a field on the Dearinger property and a small white stone marked the grave . This was the beginning of the old pioneer burial site known as Dearinger Cemetery. It was on top of a rolling hill of blue grass among a grove of Oak trees and plainly visible from the farmstead.

In 1857 another small white stone was added when Jacob Dearinger Jr. and his wife Hannah Loucks lost their daughter Mary. Eight years later, in 1866, Hannah died and less than a month later a daughter Mariah passed away.

There is no official burial register for the Dearinger Cemetery and it is not known for sure how many graves were there. Here is where we must rely on history and folklore to piece the story together. The older Dearinger relatives remember many stones marking four rows of graves on the west side along an old wagon trail and were quite readable because they faced the West. The stones on the East side of the cemetery faced the East.

In Backward Look At A Little Spot In Iowa, by Della Wade Peery written in May of 1959 we read: "Henry Kroh was one of the first settlers in Elk Creek Township. Others were Dearinger, Butin, Peery, and Snodgrass. Soon still more families followed and a community was established. Many of the original settlers are now buried in an old cemetery about two miles South of Galesbury on the Galesburg-Pella road. The land for this necessary spot was donated to the community by Jacob Dearinger Sr. Some 100 years later, during the Dearinger's 4th generation the "Old Dearinger Farm" was sold to William Van Wyk and wife Nellie in the year 1957. The deed read: "excepting the one acre which was set aside as a said burial ground." Soon changes of the landscape signaled agricultural progress. Little by little, the prairie hills and woodland gradually disappeared and became "farm land." Year by year the pioneer cemetery, which hadn't been used, was allowed to grow into weeds and was not maintained.

In 1962, the Elk Creek Trustees took action to abandon any claims to the run-down old burial grounds and began seeking permission to remove all persons buried in Dearinger Cemetery to Hewitt Cemetery which is maintained by Elk Creek Township. By this time most of the close relatives were deceased and the Elk Creek trustees and the Township clerk then used their collective personal knowledge of said unknown persons to disinter and reinter from Dearinger to Hewitt Cemetery. It is understood that most disinterments can be as little as a scoop of dirt from the original grave moved to the appointed resting place. The total remains are rarely moved.

It is generally believed that about twenty-five graves were in the original cemetery. In 1962 the Elk Creek Township Trustees obtained permission to move seven graves from Dearinger to Hewitt. The symbolic disinterment of the graves were made. The Elk Creek Trustees entered into an agreement with the farmer to clear the cemetery which was cluttered with weeds, trees, groundhog mounds and other debris. The following year a bulldozer leveled most of the one acre cemetery leaving only a large stone marking Jacob Dearinger Senior's grave and several smaller stones.

One faction states that each time the ground was sold it excluded the one acre cemetery. The other side says the deed gives the farmer control of the property including the cemetery.

In 1981 there were still broken gravestones to be found on the site and the fence that surrounded the original cemetery had been removed. In 1983 the farmer asked permission to remove the remaining stones so the land could be plowed and farmed. He was told he had to have permission of the Dearinger relatives. Again the controversy loomed, some relatives said yes other said no, but consequently the remaining graves were moved to Hewitt. A district judge ruled the township had no obligation to care for the site and that the farmer was the lawful owner. The Dearingers appealed the ruling to the Supreme Court. The Iowa Court of Appeals ordered the farmer to restore the plots of Jacob Dearinger Sr. to its original condition prior to his removal of the stone from his farm field. Due to further protests the graves of Jacob Dearinger Junior's wife Hannah and daughter Mariah also were preserved. Then the controversy was renewed as to the way the restoration was done. Small wooden fences surrounded the stones and the ancestors called them "Little pig pen "graves. The relatives erected a ten foot wooden cross and planted a tree at each grave site and they can be identified from the road.

The Dearinger tombstones can be found in the far Southeast portion of the Old section of Hewitt Cemetery spaced in a row provided by the Elk Creek Township Trustees. The following was researched by the Jasper County Cemetery Commission and given here as accurately as possible.
•Minor, Wallergather died 25 Oct 1900 age 78y 1m
•Minor, Mary N - Mother, died 13 Jan 1880 age 57y 9m
•Shafer, John N , died 18 Feb 1863 age 68y 4m
•Peery, Daniel B - Brother, died 11 Mar 1848 age 28 Feb 1868
•Peery, Infant Daughter, died 23 Jul 1866, dau of Philipp Peery & Elizabeth Geier
•Earp, Abraham, died 11 Jun 1865 age 5m, son of L D Earp & Syrena Iller
•Earp, Sarah, died 16 Apr 1876 age 15y 3m, dau of L D Earp & Syrena Iller
•Dearinger, Hannah Loucks, born 25 Sep 1828 and died 26 Aug 1866, wife of Jacob R Dearinger Jr.
•Dearinger, Maria, born 10 Jun 1866 and died 17 Sep 1866 age 3m 7d, dau of Jacob R Dearinger Jr. & Hannah Loucks
•Dearinger, Jacob Sr., born 1787 and died 06 Feb 1873 age 85y 11m 2d, m. Nancy Cook

Source: Jasper County, Iowa Cemeteries: Elk Creek Township, compiled by Jasper County Genealogical Society; published by the Iowa Genealogical Society. Copyright 1994. Used with their permission.
Son of: Michael, Husband to: Nancy Cook Dearinger, Father to: John Nelson, William, Meshack, Jacob Riddle, Sarah Ann, Simeon, David, Henry C., Susan, George W. The picture to the right is the Dearinger Cemetery located just South of Galesburg, Iowa. The site is in a sad state.

This is an attempt to tell only the story of Dearinger Cemetery and any legal descriptions and other related documents can be found at the Jasper County Genealogical Library in Newton, Iowa.

In the early 1800's pioneers from the east began to settle Jasper County, Iowa. One of these families was the Dearinger's from Ripley, Indiana. Jacob Dearinger Sr. and his wife Nancy Cook purchased land in Elk Creek Township and began to farm. In 1853 or 1854 their son William Dearinger and his wife Hannah Hammer lost their first born child. The infant was laid to rest in a field on the Dearinger property and a small white stone marked the grave . This was the beginning of the old pioneer burial site known as Dearinger Cemetery. It was on top of a rolling hill of blue grass among a grove of Oak trees and plainly visible from the farmstead.

In 1857 another small white stone was added when Jacob Dearinger Jr. and his wife Hannah Loucks lost their daughter Mary. Eight years later, in 1866, Hannah died and less than a month later a daughter Mariah passed away.

There is no official burial register for the Dearinger Cemetery and it is not known for sure how many graves were there. Here is where we must rely on history and folklore to piece the story together. The older Dearinger relatives remember many stones marking four rows of graves on the west side along an old wagon trail and were quite readable because they faced the West. The stones on the East side of the cemetery faced the East.

In Backward Look At A Little Spot In Iowa, by Della Wade Peery written in May of 1959 we read: "Henry Kroh was one of the first settlers in Elk Creek Township. Others were Dearinger, Butin, Peery, and Snodgrass. Soon still more families followed and a community was established. Many of the original settlers are now buried in an old cemetery about two miles South of Galesbury on the Galesburg-Pella road. The land for this necessary spot was donated to the community by Jacob Dearinger Sr. Some 100 years later, during the Dearinger's 4th generation the "Old Dearinger Farm" was sold to William Van Wyk and wife Nellie in the year 1957. The deed read: "excepting the one acre which was set aside as a said burial ground." Soon changes of the landscape signaled agricultural progress. Little by little, the prairie hills and woodland gradually disappeared and became "farm land." Year by year the pioneer cemetery, which hadn't been used, was allowed to grow into weeds and was not maintained.

In 1962, the Elk Creek Trustees took action to abandon any claims to the run-down old burial grounds and began seeking permission to remove all persons buried in Dearinger Cemetery to Hewitt Cemetery which is maintained by Elk Creek Township. By this time most of the close relatives were deceased and the Elk Creek trustees and the Township clerk then used their collective personal knowledge of said unknown persons to disinter and reinter from Dearinger to Hewitt Cemetery. It is understood that most disinterments can be as little as a scoop of dirt from the original grave moved to the appointed resting place. The total remains are rarely moved.

It is generally believed that about twenty-five graves were in the original cemetery. In 1962 the Elk Creek Township Trustees obtained permission to move seven graves from Dearinger to Hewitt. The symbolic disinterment of the graves were made. The Elk Creek Trustees entered into an agreement with the farmer to clear the cemetery which was cluttered with weeds, trees, groundhog mounds and other debris. The following year a bulldozer leveled most of the one acre cemetery leaving only a large stone marking Jacob Dearinger Senior's grave and several smaller stones.

One faction states that each time the ground was sold it excluded the one acre cemetery. The other side says the deed gives the farmer control of the property including the cemetery.

In 1981 there were still broken gravestones to be found on the site and the fence that surrounded the original cemetery had been removed. In 1983 the farmer asked permission to remove the remaining stones so the land could be plowed and farmed. He was told he had to have permission of the Dearinger relatives. Again the controversy loomed, some relatives said yes other said no, but consequently the remaining graves were moved to Hewitt. A district judge ruled the township had no obligation to care for the site and that the farmer was the lawful owner. The Dearingers appealed the ruling to the Supreme Court. The Iowa Court of Appeals ordered the farmer to restore the plots of Jacob Dearinger Sr. to its original condition prior to his removal of the stone from his farm field. Due to further protests the graves of Jacob Dearinger Junior's wife Hannah and daughter Mariah also were preserved. Then the controversy was renewed as to the way the restoration was done. Small wooden fences surrounded the stones and the ancestors called them "Little pig pen "graves. The relatives erected a ten foot wooden cross and planted a tree at each grave site and they can be identified from the road.

The Dearinger tombstones can be found in the far Southeast portion of the Old section of Hewitt Cemetery spaced in a row provided by the Elk Creek Township Trustees. The following was researched by the Jasper County Cemetery Commission and given here as accurately as possible.
•Minor, Wallergather died 25 Oct 1900 age 78y 1m
•Minor, Mary N - Mother, died 13 Jan 1880 age 57y 9m
•Shafer, John N , died 18 Feb 1863 age 68y 4m
•Peery, Daniel B - Brother, died 11 Mar 1848 age 28 Feb 1868
•Peery, Infant Daughter, died 23 Jul 1866, dau of Philipp Peery & Elizabeth Geier
•Earp, Abraham, died 11 Jun 1865 age 5m, son of L D Earp & Syrena Iller
•Earp, Sarah, died 16 Apr 1876 age 15y 3m, dau of L D Earp & Syrena Iller
•Dearinger, Hannah Loucks, born 25 Sep 1828 and died 26 Aug 1866, wife of Jacob R Dearinger Jr.
•Dearinger, Maria, born 10 Jun 1866 and died 17 Sep 1866 age 3m 7d, dau of Jacob R Dearinger Jr. & Hannah Loucks
•Dearinger, Jacob Sr., born 1787 and died 06 Feb 1873 age 85y 11m 2d, m. Nancy Cook

Source: Jasper County, Iowa Cemeteries: Elk Creek Township, compiled by Jasper County Genealogical Society; published by the Iowa Genealogical Society. Copyright 1994. Used with their permission.

Inscription

Dearinger Pioneer Cemetery
This burial site is the final resting place where an unknown number of Pioneer men, women and children were buried between the years 1853 and the early 1900's. In 1851 the Dearinger family purchased the original land patent for the property on which the buried lay. The earliest known burial was the grandchild of Jacob Dearinger Sr. in 1853, and the 1st born child of William Dearinger and Hannah Hammer. In 1858 Jacob Dearinger Sr. set aside 1 acre of his land for a public cemetery, although additional burials may have occurred before this time. Jacob Dearinger Sr., a descendant of German immigrants, was laid to rest on his land in 1873. His gravestone remains today.
By 1962 the 1 acre cemetery had deteriorated and the township did not have a duty to maintain it under the existing law. The township conveyed the cemetery to an adjacent landowner. Subsequently, gravestones were moved to Hewitt Cemetery, but those buried here all remain in their original and now unmarked resting places, as only their stones were moved. Farming began atop the those buried here and a period of unrest followed. Clifford and Howard Dearinger petitioned up to the Iowa Appellate Court attempting to preserve this final resting place as sacred.
The Supreme Court of Iowa issued the Dearinger decision on March 31, 1986, stating that Iowa law "jealously protects" the special interest of a burial place to forever remain undisturbed. Shortly after, Senate File 120, for which the Dearinger Cemetery was a catalyst, became effective July 1, 1986, which determined only unoccupied cemeteries can be considered abandoned, and provided protection to burial sites, marked or unmarked.
Beneath this ground lie Pioneers. We honor them. May they rest in peace.


Sources:
1. Military Bounty Land Warrant Vol. 1055, Patent 44466, Issued May 1st, 1851
2. Jan 2nd, 1858: Jasper County Iowa land records
3. Survey Nov 15-16, 1866 John Colzar, Co. Surveyor, David Hays and Nathan Rawlings, Sworn Chainman

4. Iowa Supreme Court 387 N.W.2d 367 (1986) Dearinger v Elk Creek Township, et al.
"They removed several stones and performed a symbolic removal and reinterment of dirt at the Hewitt Cemetery in Elk Creek Township." 369 In 1983, the farmer (sic) "asked the township for permission to remove the remaining graves...."The defendants then proceeded to move the tablet part of the stones to Hewitt cemetery and repeated the symbolic reinterment of dirt." "Nothing in the record shows anything other than an entire acre of land dedicated for cemetery purposes and, in fact, used and occupied by graves."

5. Iowa Supreme Court 387 N.W.2d 367 (1986) Dearinger v Elk Creek Township, et al.
" The sentiment is sound, and has the sanction of mankind in all ages, which regards the resting place of the dead as hallowed ground, not subject to the laws of ordinary property, nor liable to be devoted to common uses. The peculiar use to which such property is dedicated, and the sentiment of sanctity with which mankind regard the burial place of the dead furnish ample reason for declining to apply to it the ordinary rules of ownership and devolution. The principle of all the cases, as said in Gardner v. Swan Point Cemetery, seems to be that the buried body shall remain undisturbed, and that the right and duty falls to the next of kin to see that its repose is duly protected."
Id. at 755, 56, 58, 110 N.W. 335.

6. Iowa Supreme Court 387 N.W.2d 367 (1986) Dearinger v Elk Creek Township, et al. "Additionally, we note the language of the supreme court in King v. Frame, 204 Iowa 1074, 1079, 216 N.W. 630 (1927), when it said, "a due respect for the memory of the dead and for the feelings of the living friends and relatives requires that, when a body is once interred, it shall so remain, unless extreme necessity demands its disinterment.
We find in the record no extreme necessity that would justify turning a deaf ear to the strenuous objections of plaintiffs over the disinterment of their ancestors. We also conclude, as did the supreme court in Acheson, that the permission of one member of the family to move the stones is no defense to defendants' actions'."See, 132 Iowa at 760, 110 N.W. 335.



Advertisement

  • Created by: David Dearinger Relative Grandchild
  • Added: May 27, 2001
  • Find a Grave Memorial ID:
  • Find a Grave, database and images (https://www.findagrave.com/memorial/5485026/jacob-dearinger: accessed ), memorial page for Jacob Dearinger (4 Mar 1787–6 Feb 1873), Find a Grave Memorial ID 5485026, citing Dearinger Pioneer Cemetery, Galesburg, Jasper County, Iowa, USA; Maintained by David Dearinger (contributor 46483287).