A legal fight erupted in 1735 when Thomas Fairfax, Sixth Lord Fairfax, came to Virginia to claim his land grant. It included "all the land in Virginia between the Rappahannock and the Potomac rivers", an old grant from King Charles II which overlapped and included Frederick County. It took some time for land titles to be cleared among early settlers.
By 1738 these settlements became known as Frederick Town. The county of Frederick was carved out of Orange County. The first government was created, consisting of a County Court as well as the Anglican Frederick Parish (for purposes of tax collection). Colonel James Wood, an immigrant from Winchester, England, was the first court clerk. He laid out 26 half-acre (2,000 m²) lots around 1741, and constructed his own residence, Glen Burnie. Finally, the County Court held its first session on November 11, 1743, where James Wood served until 1760. Lord Fairfax, understanding that possession is 9/10ths of the law, built a home here (in present-day Clarke County) in 1748.
In February 1752, the Virginia House of Burgesses granted the fourth city charter in Virginia to Winchester; as Frederick Town was renamed after Colonel
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