Page  35

 

…to be sold on the first Tuesday in the month within legal hours at the Court House of Collin County after advertising for twenty days prior to day of sale by written notices in three public  places in Collin County one of which shall be at the Court House door.

 

Estate of                                               July 22nd 1876

M. AMANDA HUFFMAN

a minor                                                 In the matter of sale of land belonging to the said estate.

Comprising Sixty acres of land in the MICHAEL SEA Sur. Sufficate (?) in Collin County and more  particular  described as follows to wit: Beginning at a stake the S. E. cor. of a 60 acre tract of land set apart [to] CARRIE L. HUFFMAN dec. in  the partition of the Estate of JOHN S. HUFFMAN dec. in said MICHAEL SEA Sur. Thence South 14 chains & 46 lks. a post the N E cor. the M. REBECCA HUFFMAN tract Thence West 41 chains & 56 lks to a post NW cor. said tract Thence north 14 chains and 46 lks. a post the SW cor. said CARRIE HUFFMAN tract. Thence East 41 chains & 50 lks. a post the beginning to WILLIAM P. YEARY at private sale on a credit of six months for the sum of $600.00 Six hundred dollars and it appearing to the court after inquiring into the manner in which sale was made that it was further made in compliance with an order of the Hon. District Court of Collin Court is Dec. Term. A. D. 1875 and in conformity to law and further that said…   

 

Page 36

 

…land was sold for a fair price. It is therefore considered by the Court that said sale be in all things confirmed and the Said JOS. W. BONNIS (?) Guardian as aforesaid is hereby directed to convey unto said Wm. P. YEARY the said described land in accordance with the terms of sale and this decree taking the note of the afore said YEARY purchase money with good personal security payable in Collin Co. and secured by mortgage upon said land.

 

Est. of

M. REBECCA HUFFMAN                                   July 22/1876

a Minor                                                 Now on this day Came on to be heart the report of JOS. W. BAINES (?) Guardian of the estate of M. REBECCA HUFFMAN, a minor, of the sale of sixty acres of land belonging to said

Estate situated in MICHAEL SEA Survey in Collin County Beginning at a stake the S. E. cor. of a 60 acre tract belonging to M. AMANDA HUFFMAN Thence South Fourteen Chains and forty six lks. a post the N E cor. W. G. HUFFMAN 64 acre tract in said SEA Survey. Thence West Forty one chains and fifty links to a post NW cor. said tract last  above (?) mentioned. Thence North 14 chains and 46 lks. a post the SW cor. Said M. AMANDA HUFFMAN’S tract. Thence East 41 chains & 50 lks. a post the beginning to Wm. P. YEARY at private sale on a credit of six months for the sum of Six hundred dollars and it appearing to the court after inquiring into the manner in which said sale was made, that it was fairly made and in compliance with an order of the Hon. District Court County of Collin at it Dec. term A. D. 1876 (?) and in conformity to law and further that said land was…

 

Page 37

 

…sold for a fair price.  It is therefore considered by the Court that said sale be in all things confirmed and the said JOS. W. BONNIS (?) guardian as aforesaid is hereby directed to convey unto said WILLIAM P. YEARY the said described land in accordance with the terms of sale and the decree (?) taking the note of said YEARY for the purchase money with good personal security payable in Collin County and secured by mortgage upon said land.

 

THOS. H. EMMERSON & BROS.

            vs.                                            Saturday July 22, 1876

D. A. OGLE                                           Now on this day comes the Defent[ant] by his Atty. and moves the Court for a New trial in the above entitled Cause, and the matters and things being fully understood by the Court it is ordered that the Motion be ordered to which ruling of the Court that the Defendant excepts and gives Notice of an appeal to the Court of Appeals.

 

R. J. MASS

Guardian                                               Saturday July 22nd 1876

Est. Minor heir JOHN DANENRE (?)        Now on this day this cause is Continued by operation (?) of heirs (?).

 

M. L. BRIGHT

Guardian                                               Saturday July 22nd 1876

Est. THOS. STIMSON                           Now on this day come M. L. BRIGHT

 

Page 38

 

…Guardian of the Estate of THOS. M. STIMSON a minor and files his Bond as said Guardian and if appears to the Court that the same is Correct it is ordered that the same be approved & Recorded.

 

M. L. BRIGHT

Guardian                                               Saturday July 22 1876

Est. LILLIE E. STIMSON                                   Now on this day comes M. L. BRIGHT Guardian of the Estate of LILLIE E. STIMSON and files his Bond as Guardian of said Minor and it appearing to the Court that the Same is Correct it ordered that the same be approved and Recorded

 

THOS. J. ESTIS

Guardian                                               Saturday July 22 1876

Est. SUSAN ESTIS                               Now on this day comes THOS. J. ESTIS Guardian of the Estate of SUSAN ESTIS minor and files his Bond as guardian of said minor and it appearing to the Court that the same is correct it is ordered that the Same be approved & Recorded.

 

THOS. J. ESTIS

Guardian                                               Saturday July 22 1876

Est. JULIA ESTIS                                 Now on this day comes THOS. J. ESTIS Guardian of the JULIA ESTIS minor and files his Bond as Guardian of said Estate, and it appearing to the Court that the same is correct it is ordered that the Same be approved and Recorded.

 

THOS. J. ESTIS

Guardian                                               Saturday July 22 1876

Est. of JOHN W. ESTIS                         Now on this day comes THOS. J. ESTIS Guardian of the Estate of JOHN W. ESTIS and files his Bond as Guardian and it appearing to the Court that the same is correct it is ordered that the Same be approved and Recorded.

 

Ordered that the court adjourn until nine o’clock Monday morning.

 

Page 39

 

Monday morning nine o’clock court met pursuant to adjournment officers of the court as on Saturday.

 

A.. J. ATKINSON

            Admr                                        Monday  26 July 76

Estate of H. O. HEDGECOXE decd.                    This day came on to be heard the report of A. J. ATKINSON administrator of said estate reporting sale at private sale for case the interest of said Estate in the following tract of land situated in McKinney Collin County, Texas to wit Beginning at SW corner of a lot of land deeded by BUFORD HENRY and wife to S. M. BENGE on the North side of Louisiana Street thence South 40 feet Thence east one foot thence south 40 feet thence west one foot to the beginning and said report being fully examined and it appearing upon proof to the satisfaction of the court that said sale was fairly made and for at least the full value of the property to THOS. H. EMERSON & BRO. for the sum of $83.00 to be applied in satisfaction of balance due on a Judgment of the District court of Collin County, Texas rendered on 22nd December 1874 in favor of said THOS. H. EMERSON & SON against said Estate and it appearing to be to the interest the estate that said sale should be approved it is ordered that said report of sale be accepted and approved and that said sale be in all things confirmed and it is further ordered that the admr. do make a deed for said property to said purchaser upon their complying with the terms of sale.

 

JAMES H. STEWART

            Admr.                                       Monday July 26/1876

Est. JAMES STEWART decd.                Now on this day came

JAMES M. STEWART administrator of the Estate of JAMES STEWART decd. and files his…

 

Page  40

 

…Inventory of the Real and personal property belonging to said Estate. And it appearing to the Court that said Inventory contained the whole of the property exempted from forced sale and otherwise and that EDITH M. STEWART is a minor daughter and sole constitual (?) of the family of deceased & residing with him on the Homestead at the time of his death It is therefore ordered by the Court that the inventory be approved except the following articles continued in same which are exempt from force sale, To wit:

The Homestead of 66 2/3 acres of land in Collin Co. out of ZACHARIAH ROBERTS survey valued at Fifteen dollars at acre.

10 head of Hogs

Part of Stack of oats

37 Bu. wheat

300 # bacon

1.2 Horse waggon (sic)

2 Yearlings

1 cooking stove

1 set old Harness

1 two year old (?)

1 Heating stove

1 old saddle

1 yearling colt

80 bu. corn

2 Feather bed

2 Bed steads

1 Lounge

1 Dining Table

1 table

1 Dish safe

1 Websters Dictionary

1 Bible and old school book

 

Which articles are ordered by the court to be stricken from the Inventory being exempted property by law and that same be applied as the property of EDITH M. STEWART a minor.

 

E. F. ELKIN

   Admr.                                                Saturday July 22nd 1876

Est. W. F. ELKIN Decd.             Now on this day comes on to be heard the Report of E. F. ELKIN Administrator of said Estate for Final Settlement of said Estate. And it appearing to the Court that due Notice of the same has been given according to law, and the same has been given according to law, and it further appearing that no necessity now exists for further Administration on Said Estate it is ordered and decreed by the Court that said Report be approved and that said Administration be closed and that Administrator…

 

Page 41

 

…be discharged of his trust and it further appearing to the court that all proper vouchers has (sic) been filed by said Administrator.

 

A . J. ATKINSON

  Admr.                                                 Saturday July 22nd 1876

Est. H. O. HEDGCOXE              Now on this day the Administrator of Said Estate has leave to amend his Report of Sale of Real Estate.

 

Ordered that Court adjourn until nine o’clock tomorrow morning.

 

Tuesday morning nine o’clock met pursuant to adjournment officers of the court as on yesterday.

 

T. C. J. LEBERMAN

   vs.                                         Tuesday July 25/1876

H. C. OVERAKER                      Now on this day come the parties by their attorneys and announced themselves ready for trial and no Jury having been demanded and the matter and things in controversy being submitted to the Court and the evidence and argument of the counsel having been heard fully understood It is ordered and adjudged and decreed by the court that the plaintiff T. C. J. LEBERMAN have and recover of the defendant H. C. OVERAKER the sum of Sixty-one and 76/100 Dollars with interest at the rate of Eight per cent from this date and all cost of suit for which let execution issue and it is further ordered by the court that execution issue in favor of the officers of the court against each party respectively for the cost by him incurred.

 

W. L. MORNEY

     vs.                                       Tuesday July 25/1876

T. P. ATKINSON et al                Now on this day comes on to be heard the motion of M. L. ATKINSON claimant to quash the writ…

 

Page 42

 

…of attachment issued in the above cause and the matters and things being fully understood by the court it is considered that the law is in favor of said M. L. ATKINSON. It is therefore ordered  adjudged and decreed by the court that said writ of attachment be in all things quashed and that the property levied upon by virtue of the same be released.

 

C. RUSSELL & CO.

      vs.                                      July 24/1876

T. F. SKIDMORE                                   Now on this day this cause coming on for trial the Plffs. and Deft. SKIDMORE

JOHN HALL                              appeared by atty. and announced ready for trail but the defendant JOHN HALL failed to appear but wholly made default. And a Jury not having been demanded this cause was submitted to the court. The evidence and argument of counsel being submitted and the matters and things in controversy being fully understood it is considered by the court that the Plffs. ought to recover. It is therefore ordered adjudged and decreed by the court that C. RUSSELL & CO. have and recover of and from the defendant T. F. SKIDMORE the sum of One Hundred and seventy-five Dollars & 50 cents principal and the sum of Thirty seven Dollars & 45 cents interest and all cost of suit. It further appearing that the debt of Plffs. is secured by a mortgage executed by Deft. SKIDMORE upon the following described property to wit: One No. 2 self rake (mower & reaper)1875 make, One span of horses, 1 set harness & one limber (?) wagon and it further appearing that deft. SKIDMORE is entitled to have the horses and wagon exempted out of said mortgage and it further appearing that defendant…

 

Page 43

 

JOHN HALL is in possession of and has appropriated the set of harness described in said mortgage and that said harness is worth the sum of $12.50 It is therefore adjudged and decreed that said mortgage be foreclosed as to the mower and reaper described therein and that Plffs. have and recover of and from deft. JOHN HALL the sum of Twelve & 50/00 Dollars. That the Clerk of this court issue an order of sale for said property and execute against deft. HALL for said sum of $12.50. That Plffs. recover of and from deft. SKIDMORE all cost incurred by reason of his connection hereunto. For all of which as well as the Judgment therein rendered let execution issue. It is further ordered that execution issue in favor of the officers of court against each party for the respective cost by them incurred.

 

Estate of C. I. SMITH Minor                                July 26/1876

                                                Now on this day come on to be heard the application of J. M. SALMONDS (?) Guardian of the estate of CAMELIA I. SMITH a minor to sell the following described tract of land belonging to said Estate to wit an undivided interest of 36 1/18 acres of land in the RICHARD SPARKS survey of 320 acres situated in Collin County and beginning at the NW corner of the said SPARKS 320 acres survey Thence
East 160 poles to the NE corner of said survey Thence South with the E line thereof 200 poles Thence East 160 poles to the west line thereof Thence North 200 poles to the beginning Containing 200 acres. Also an undivided interest of 1 5/8 acres in the following tract of land ten acres of land conveyed to I. SMITH Deceased by MICHAEL BOYLAND Beginning at the SE cor. of a…

 

[No page 44]

 

Page 45

 

…of a tract of land containing 64 ¼ acres deeded to MICHAEL BOYLAND by M. W. PULLIAM a post from which a pecan mkd. x brs E 6 ft. N 3 ft. also a Bro d’arc mkd x brs dr 6 ft. Thence West 400 vrs. a post  from which an ash 35 inches in diameter brs. N 54 E 5 4/10 vrs. Thence N 140 vrs. to a post from which a hackberry 15 inches in dia. brs. S 5 E 6 2/10 vrs. Thence E 400 vrs. to the East line of said survey Thence South140 vrs. to the beginning. Containing ten (?) acres and it appearing to the court that it is necessary for said land to be sold for the support and maintenance and education of said minors, it is therefore ordered adjudged and decreed by the court that said JOHN M. SALMOND guardian as aforesaid proceed to sell said land on a credit of Six months at private sale taking note with good personal security and mortgage on land to secure the payment. 

 

J. & A. SUISFIELD (?)

        vs.                                                            Monday July 23 1876

FARRIS & BRYANT                               Now on this day the Plaintiffs have leave to complete the

Re____? of this cause.

 

To the Hon. T. C. GOODNER Judge of the County County Collin County.

The undersigned clerk of said County Court would respectfully submit the following report of the names of each Juror who has served at the present term of this court  and the number of day served by each and  the amount due. Also the amount of money received and disbursed by him at the present term of this court to wit.

Names of Jurors                         No. Days Served                                                Amt. Due

 

Page 46

T. C. McKINNEY

2 days

4.00 d.

J. T. SCOTT

2 “

4.00 d.

W. P. POLLY

2”

4.00 d.

THOS. KENDELL

2”

4.00 d.

JOHN HOGAN

2”

4.00 d.

JAS. T. HAUN

2”

4.00 d.

And that he has Received from CHAS. ROBINSON in the case of GRAHAM and HOUGHTON vs. CARR ROBINSON Et al the sum of Three Dollars the Jury fee in said cause and that he has paid out the following amount to wit

Paid to T. C. McKINNEY             Juror                                               50 cts.

Paid to J. T. SCOTT                    Juror                                               50 cts.

Paid to W. P. POLLY                   Juror                                               50 cts.

Paid to THOS. KENDELL            Juror                                               50 cts.

Paid to JOHN HOGAN                Juror                                               50 cts.

Paid to JAS. T. HAUN                 Juror                                               50 cts.

 

All of which is respectively submitted.

                                    J. M. BENGE    Clerk

                                                C. C. C. Co. Texas

 

Ordered that the Court adjourn until nine o’clock Wednesday morning.

 

Wednesday morning nine o’clock court met pursuant to adjournment officers same as on yesterday.

 

H. R. SANFORD

      vs.                                                  Wednesday  July 26/1876

HENRY TARPLEY                                  Now on this day comes the parties by their attorneys and

announce  themselves ready for trial and no Jury…

 

Page 47

 

...having been demanded and the matter & things in controversy being submitted to the Judgment and the evidence in the case and argument of counsel having been heard and fully understood by the Court gave Judgment for the defendant it is therefore ordered adjudged and decreed by the court that the defendant HENRY TARPLEY go hence without day and that he have and recover of the Plffs W. D. BALDWIN all cost in this behalf expended for which let execution issue and it is ordered that execution issue and it is ordered that execution issue in favor of the officers of the court against each party respectively for the cost by him incurred.

 

Ordered that the court adjourn until Saturday morning 9 o’clock.

Court met pursuant to adjournment.

JOHN M. SALMONDS Guardian

of C. I. SMITH a minor                           Now on this day comes said guardian and files

the following report of sale to wit—

State of Texas               County Court

County of Collin             July term           A. D.1876

To the Hon. County Court of said County—J. M. SALMONDS guardian of the Estate of CORNELIA ISABELLA SMITH a minor respectively represents that in accordance with an order of the Hon. County Court of said County Court at its present term he has this day sold to J. H. and W. A. MARTIN 36 1/18 acres of land belonging to said Estate situated in the RICHARD SPARKS sur. in said Collin County the same being an undivided interest at ($5.00) Five dollars per acre on a credit of Six months at private sale that said price to be paid is a full and fair price for said land. The premises considered he asks that said sale be confirmed and that he be directed to make deed to said purchasers taking the…

 

Page 48

 

…security required by law.                                 

                                                                        JOHN M. SALMONDS    guardian

                                                                        Est. CONRELIA ISABELLA SMITH minor

And it appearing to the Court that said sum is a fair price for said land and that said sale was made in conformity to law It is therefore ordered by the court that said report be approved and said sale confirmed and that said guardian be directed to convey to J. H. & W. A. MARTIN the said described land in accordance with the terms of sale and this decree, taking note of said J. H. & W. A. MARTIN for the purchase money with good personal security payable in Collin County and secured by mortgage upon said land.

 

JOHN M. SALMOND  Guardian

of Est. M. M. A. SMITH minor                             Now on this day comes said guardian said guardian and files the following report of sale to wit:

 

State of Texas               County Court

County of Collin             July term           A. D.1876

JOHN M. SALMONDS Guardian of the Estate of M. M. A. SMITH a minor represents that in accordance with an order of the Hon. County Court of said County at it present term he has this day sold to J. H. and W. A. MARTIN 36 1/18 acres of land belonging to said Estate situated in the RICHARD SPARKS sur. in said Collin County the same being an undivided interest at ($5.00) Five dollars per acre on a credit of Six months at private sale that said price to be paid is a full and fair price for said land. The premises considered he asks that said sale be confirmed and that he be directed to make deed to said purchasers taking…

 

Page 49

 

…the security required by law.

                                                JOHN M. SALMOND   guardian

And it appearing to the Court that the said sum is a fair price for said land and that said sale was made in conformity to law, It is therefore ordered by the Court that said report be approved and said sale confirmed and that said guardian directed to convey to J. H. & W. A. MARTIN the said described land in accordance with the terms of sale and this decree taking the note of said J. H. & W. A. MARTIN for the purchase money with good personal security payable in Collin County and secured in mortgage upon said land.

 

BRUNSWICK BALKE CO.

            vs.                                            Wednesday  July 22/1876

ALBERT McKINNEY                              Now on this day comes the plaintiff by their attorneys and the defendant having failed to appear and answer in this behalf but wholly made default whereof the said Plaintiff BRUNSWICK BALKE CO. ought to recover against the said ALBERT McKINNEY their damage by occasion of the promises and it appearing to the court that the cause of action is liquidated and  proven by an instrument of writing it is ordered that the clerk assess the damages sustained by the plaintiff and the said clerk now here having assessed the damages aforesaid at the sum of ninety-Eight & 92/100 Dollars. It is therefore considered by the Court that the Plaintiff BRUNSWICK BALKE & CO. do have and recover of the said defendant ALBERT McKINNEY the sum of Ninety Eight 92/100 dollars with interest thereon at the rate of ten per cent per annum from this date. Together with all cost of suit in this behalf expen-…

 

Page 50

 

ded for which let Execution issue. And that execution issue against each party respectfully for the cost by them incurred. And it further appearing to the court that the Defendant ALBERT McKINNEY in order to secure the payment of the note herein sued on executed and delivered to the Plaintiff BRUSWICK BALKE CO. on the 8th day of October A. D. 1875 mortgage on the following property to wit: On Non pareil novelty 4 ½ x 9 carroom Billiard (?) table No. 7511 also one set of Ivory Billard (sic) bale (?), one dozen cues, one cue rack,  one set counters (?), one bridge, one mace and in fact everything pertaining to said table manufactured by said the JNO. BRUNSWICK BALKE CO. also one Pin Pool out fit, one monitor lap, one brush (?), one cue cutter. It is therefore ordered that the mortgage be foreclosed and that the clerk of the court do issue an order of sale directed to the sheriff of Collin County Commanding him to sell to the highest bidder for cash after giving ten days notice of the time and place of said sale by posting in three public places and that he apply the proceeds of said sale to the satisfaction of said Judgment.

 

Ordered that Court adjourn till Court in course.

                                                T. C. GOODNER

                                                            Co. Judge

 

Page 51

 

Be it remembered that the following proceedings were had in vacation on this 12th day of August 1876 To wit—

In Re PHILIP DROMGOOLE                   Information in writing having been given to me T. C. GOODNER

            a Lunatic                                   County Judge of Collin County That PHILIP DROMGOOLE is a lunatic and that the welfare of himself and others required that he be placed under restraint.  Therefore on the 12th day of August 1876 caused the said PHILIP DROMGOOLE to be brought  before me and twelve good competent Jurors to be summoned and sworn to inquire and a true verdict vender whether the said DROMGOOLE is of a sound mind or not who upon hearing the evidence returned the following verdict. We the jury sworn to inquire whether PHILIP DROMGOOLE is of sound mind or not find that he is not of sound mind and Recommend that he be place under restraint.

                                                            R. B. CARR Foreman Jury

It is therefore ordered by the court that the said PHILIP DROMGOOLE be sent to the Lunatic Asylum at Austin to be  restrained, treated and cared for as provided by Law. It further appeared to the Court that the said DROMGOOLE is a single man having no family or father, that his mother is in indigent circumstances and wholly unable to provide for his support and that his Estate consisting of any undivided interest of a small growing crop not worth exceeding one hundred Dollars. It is further ordered that the Clerk of the County Court make out a certified Copy of this order and of the Evidence taken down on the trial under seal of this court and forward the same by mail to the superintendent of the Lunatic Asylum at Austin Texas.

 

Page 52

 

In Re JOHN F. SAUNDERS

A Non compos mentis                            Thursday August 24/76

   Information in writing having been given me T. C. GOODNER County Judge of Collin County that JOHN F. SAUNDERS is a non compos mentis and that the welfare of himself and others required that he be placed under restraint. I therefore on the 24th day of August 1876 caused the said JOHN T. SAUNDERS to be  brought before me and twelve good and competent Jurors to be summoned and sworn to inquire and a true verdict vender whether the said SAUNDERS [is] of a sound mind or not who upon hearing the evidence returned the following verdict. We the Jury believe JOHN SAUNDERS to be of unsound mind and recommend that he be placed under restraint.

                                                                                                GRAFTON WILLIAMS

                                                                                                                        Foreman

 

It is therefore ordered by the court the said JOHN F. SAUNDERS be placed under restraint until information can be had from the superintendant of the Lunatic Asylum as to whether he can take him in or not. And it further appeared to the court that the said SAUNDERS has no parents living and no children except one child of tender years, and that he SAUNDERS is indigent (?) circumstances and has no estate liable for his support & that he is pronounced curable by a regular practicing Physician.

August 31st 1876 Now on this day information having been received from the Superintendant of the Lunatic Asylum at Austin that he will take said SAUNDERS into said Institution. It is therefore ordered by the Court that the said SAUNDERS be conveyed forthwith to said Institution by the Sheriff of Collin County or his authorized Deputy to be there treated as provided by law, and that the clerk of the County Court make out certified copy of testimony addressed on the trail and of all (unreadable) in this case to be sent to the said superintendent.

 

Page 53

 

V. H. ALLEN

Admx. vs.                                              In Vacation        Sept. 4/1876

Est. of M. H. ALLEN Dec.                                 

                                                            It is ordered by the court that O. P. MALLOW, JOHN OVERDUFF and

JESSE OVERFUFF be and they are hereby appointed appraisers to appraise the property real and personal separate and community belonging to the Estate of M. W. ALLEN deceased.

 

Ex parte H. P. HORTON

   A Lunatic                               Tuesday September 5th 1876

                        Information having been given me T. C. GOODNER County Judge of Collin County that H. P. HORTON is a lunatic and that the welfare of himself and others require that he be placed under restraint. I therefore caused the said H. P. HORTON to be brought before [me] and twelve good and competent Jurors to be summoned and sworn according to law and a true verdict to vender who upon hearing the evidence returned the following verdict: We the Jury find H. P. HORTON to be of unsound mind probably curable that it is necessary that he be place under asylum restraint for the good of himself and to prevent him from doing harm to others. That there is no person in the county of Collin legally liable for his support and that he has an Estate of the value of between 700 & $1200.

                                                                                                J. T. LARGENT foreman

It is therefore ordered by the court that the said H. P. HORTON be placed under restraint until information can be had from the superintendant of the Lunatic Asylum as to whether he can take him in or not.

 

Page 54

 

Ex part JENNIE FITZHUGH        Habeas Corpus

by MISSOURI CAMERN (?)

her next friend                            Be it remembered that on this the 11th day of Sept. 1876 the cause came on to be heard before T. C. GOODER Judge of the County Court of Collin County in vacation and by argument of counsel it is ordered it (sic) said JENNIE FITZHUGH be discharged.

 

The State of Texas                     Be it remembered that there was begun and holden at the Court House

Collin County                             in the City of McKinney on Monday the 18th day of September A. D. 1876

(being the 3rd Monday thereof) the 3nd regular term of the Hon. County Court of Collin County for Civil and probate business, present and presiding Hon. T. C. GOODNER, J. M. BENGE County Clerk and W. W. MERRITT Sheriff of Collin County when the following proceedings were had to wit:

Now on this day comes the sheriff of Collin County and returns into Court a Jury list selected by the Jury commissioners appointed by the County Judge of Collin County for year 1876 and all of said Jurors selected by said commissioners having failed to appear and answer all were excused except J. M. SMITH, A. J. LEWIS and GEORGE W. CANTRELL (?) the court then ordered the sheriff to summon a sufficient number of good and lawful Jurors qualified under the law to fill the vacancy who then returned into Court the following persons who were duly impaneled as Jurors to serve during the first week of this term of this court to wit.—


Page 55

J. M. SMITH

W. H. WARDEN

A. J. LEWIS

T. T. BRADLEY

GEORGE W. CANTRELL (?)

LESLIE J. POWELL

H. J. SCRIBNER

W. R. SHORT

JOHN MAGNER

T. J. CLOYCE

FRANK DOWELL

R. K. SWAN

 

I. & A. SIESFIELD                                 Monday Septr. 18  1876

      vs.                                                  Now on this day came on to be heard the Defendant JAS. FARRIS’

FARRIS & BRYANT                               motion that the order of the Court made at the July Term 1876

of the Court be entered nunc pro tunc [“now for then”-a phase applied to acts allowed to done after the time when they should be done, with a retroactive effect, i. e. with the same effect as if regular done] and it appearing to the Court that at the last term hereof to wit the July Term 1876 the following order was made by the Court which the Clerk neglected to enter on the minutes of said Court to wit:

J. & A. SIESFIELD

     vs.                                                   July Term 1876

FARRIS & BRYANT                               Now comes on to be heard Defendants filed to the Jurisdiction of this Court to try this cause which being seen and fully understood by this Court it is ordered & adjudged that the Court has jurisdiction to try this cause and that said filed be over ruled in all things to which ruling of the Court the Defendants by their attorney excepts.

It is therefore ordered by this Court that said judgment stand as though it had been entered at the July Term of this Court.

D. NEWMAN                                         Monday Septr. 18  1876

    vs.                                                    Now on this day it is ordered by the Court upon motion of the

J. D. PAGE                                           Plaintiff it is ordered by the Court that this cause be dismissed from this docket, and that the same be transferred back to the District Court of Collin County.

 

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WHEELER MELICK & CO.

            vs.                                            Monday Sept. 18/76

HENRY LEE et al                                  Now on this day plaintiff has leave to amend.

 

Order that the Court adjourn until tomorrow morning 8 o’clock

Tuesday morning 8 o’clock Court met pursuant [to] adjournment.

 

T. T. BRADLY

     vs.                                                   Tuesday Sept. 19/1876

H. & T. C. T. W. Y CO                           Now on this day comes on to be heard the above entitled cause

and the jury not have be demanded the case was submitted to the Judge who after hearing the evidence and argument of the counsel and the matters and things being fully understood it is ordered, adjudged and decreed by the court that T. T. BRADLEY do have and recover of and from the defendant H & T. C. R. W. Y. CO.  the sum of fifty dollars together with all cost in this behalf expended and it appearing to the court that this cause was appealed from the Justice Court and the Judgment below was for the same amount it is ordered by the court that the plaintiff have and recover of the defendant ten percent damages thereon for delay for all of which let execution issue.

 

M. C. TAYLOR

    vs.                                                    Tuesday  Sept. 19/ 1876

S. C. ANDERSON                                  Now on this day this cause was continued by consent

 

HENRY BELL & JON

        vs.                                                            Tuesday  Sept. 19/ 1876

LEE & OGLESBY                                              Now on this day plaintiff have leave to amend.

 

MARX & KEMPNER

      vs.                                                  Tuesday  Sept. 19/ 1876

WILSON & RUSSELL                            Now on this day this cause was continued by operation of law

as to the defendant WILSON and for service…

 

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..as to Defendant RUSSELL.

 

G. W. CAMERON

        vs.                                                            Tuesday Sept. 19/ 1876

JOHN M. FITZHUGH                              Now on this day came on to be heard the application of GEO. W. CAMERON for the letters of guardianship for the persons and Estates of JOHN M. FITZHUGH, LAURA, ELIZABETH, JENNIE, SALLIE and ALICE FITZHUGH minors and & the said LAURA & ELIZABETH appearing in the Court & selected G. W. CAMERON their Guardian. It appearing to the court that due notice of t