Page
86
State
of
W. R. SHORT
adm. Monday Nov.
20th 1876
Est. JOHN DEER Decd. Now
on this day comes W. R. SHORT and
prays the court to be appointed administrator of the estate of JOHN DEER deceased and it appearing to
the court that due notice of the same has been given according to law it is
ordered that the prayer be granted upon his giving a bond with good and
sufficient sureties in the sum of two Hundred Dollars conditioned according to
law & that Letters issue to him on filing said bond & taking the oath
prescribed by law.
W. R. SHORT
adm. Monday
Nov. 20th 76
Est. JOHN DEER Decd. Now on this day T. P. BRADLEY, ALEX INGRAM and WM.
BAGLEY were appointed by the court to appraise the property belonging to
the Estate of JOHN DEER decd. and
make report according to law.
L. C. SMITH
Guardian Monday
November 20th 76
Est. of C. D.
GOOCH, H. C. Now on
this day comes L. C. SMITH and prays
the court to be
& LORAINE
GOOCH appointed
Guardian of the estate of C. D., H. C. and
LORAINE GOOCH
minors and it appearing to the court that that due
notice of the same has been given according to law it is ordered that the prayer be granted upon his entering bond
…
Page
87
with
good and sufficient sureties in the sum of six hundred and seventy six Dollars
each conditioned according to law & that Letters of Guardianship issue to
him on filing (unreadable) & taking the oath (unreadable) by law.
ELIZABETH SMOOT
Guardian Monday
Nov 20th 76
W. E. & J. B. SMOOT Now
on this day comes ELIZABETH SMOOT
and files her annual Report of the condition of said Estate and it appearing to
the court that the same is correct it is ordered that the same be approved.
L. W. OGLESBY
Administrator Monday
Nov. 20th 76
Est. MICHEAL
MAY Now
on this day comes L. W. OGLESLEY and
files his annual report on the condition of the Estate of MICHEAL MAY Deceased and it appearing to the court that the same is
correct was ordered approved.
I. D. NEWSOME
Administrator Monday
Nov 20/76
Est. ISHAM
PITTMAN Dec. Now
on this day comes on to be hear the final account of I. D. NEWSOME and prays the court for a final settlement of the
Estate of ISHAM PITTMAN and it
appearing to the court that notice has been given according to law the same is
approved and administrator discharged of his trust upon his filing vouchers and
paying cost of Administration.
E. F. ELKIN
Guardian Monday
Nov. 20th 76
NANCY ELKIN Now on this
day comes E. F. ELKIN Guardian of
the Estate of NANCY ELKIN and files
his annual report of the condition of said Estate and it appearing to the court
that the…
Page
88
…same
is correct was approved—
L. C. SMITH
Guardian Monday
Nov. 20/76
Est. of H. C.
GOOCH minor Now on
this day comes L. C. SMITH and files
his bond as guardian of the Estate of H.
C. GOOCH a minor which appearing to the court in all things correct was
approved and ordered recorded.
L. C. SMITH
Guardian Monday
Nov 20/76
Est. of CHARLES
GOOCH minor Now
on this day comes L. C. SMITH and
files his bond as guardian of the Estate of CHARLES GOOCH and files his bond which appearing to the Court to be
in all things correct was ordered approved and recorded.
L. C. SMITH
Guardian Monday
Nov 20/76
Est. L. GOOCH
Minor Now
on this day comes L. C. SMITH
Guardian of the Estate of L. GOOCH and
files his bond as Guardian of said Estate which appearing to the Court to be in
all things correct was ordered approved and recorded.
Ex parte R. M.
JUSTICE
Community Monday
Nov. 20/76
Est. of W. T.
JUSTICE Now
on this day comes R. M. JUSTICE and files his inventory & appraisement of the
community Estate of himself and his deceased husband (sic-“wife” struck out]
which appearing to the court to be correct and according to law the same is
approved and ordered recorded and that she enter into Bond in the Sum of Five
Hundred Dollars Conditioned according to law.
Page 89
WILLIAMS &
REESER [REASER]
vs. Monday
Nov. 20th 76
STANDFORD JORDON
& DAVIS Now on this day this
cause was continued by consent.
T. M. BROCK
vs. Monday
Nov. 20/1876
DYE & ROSS Now on this
day this cause is continued by consent.
O. P. MALLOW
Adm. Monday
Nov. 20/1876
Est. of C.
& M. MALLOW Now
on this day comes onto be heard the report of O. P. MALLOW adm. of the Estate of M. & C. MALLOW Decd. of the
condition of said Estate filed Oct. 18/1876 & the matters and things
therein having being fully understood by the court, it is adjudged and decreed
that the same be in all things approved and it further appearing to the court
that it is necessary to repair the graves of the Deceased M. & C. MALLOW, pale (?) and furnish them with tombstones
&c it is further ordered that the administrator O. P. MALLOW expend for that purpose the sum of one hundred dollars
and it is further ordered that said administrator distribute among the heirs of
said M. & C. MALLOW deceased
whatsoever money that may be there remaining in hand after payment of cost of
court.
JOHN M. SALMONDS
Adm. Monday
Nov20/76
Est. SANDFORD
BECK Dec. Now
on this day comes on to be hear the report of JOHN M. SALMONDS Executor of the last will of S. BECK Decd. for final settlement of said Estate and the matters
and things therein being fully understood by the court it is ordered adjudged
and decreed that the same in all things approved.
Page 90
It further appearing to the court the commission
allowed by law on moneys received and paid out is insufficient to reimburse (?) said Extra (?) for the
trouble and Expense & time lost in administration said Estate it is further
ordered that he be allowed & retain (return?) out of any monies on hand the
sum of forty Dollars to compensate him for the same. It further appearing to
the Court that a certain Judgment rendered by the District court of Dallas
County on the 7th day of Aug. 180 against SANDFORD
BECK in favor of JAMES HORTON
no. 536 for the sum of fourteen hundred ninety three & 88/100 Dollars with
8% interest credited with May 19/1868 with $183.00 & Oct 5/1869 with $526.00.
Also Judgment rendered same day by said District Court against said S. BECK in favor of JAMES FORMAN no. 573 for the sum of
$186.40 with interest at 8% per cent are equally entitled to payment out of the
monies on hand & both hold the priority in payment over any other claims
against said Estate yet unpaid and it further appearing that there is only on
hand & to be paid for Claims against said Estate after payment of all prior
claims cost &c the sum of $230.00, it is ordered that said sum be paid by
said administrator to THROCKMORTON BROWN
& BRO. Attys. for said parties & it appearing to the court that the
moneys is paid & the receipt filed thereof & it appearing that said
Executor has disposed of all the estate in his hands & filed the proper
voucher therefore it is ordered that the succession be closed and said Executor
be discharged from his trust.
Page
91
Ordered that Court adjourn until tomorrow morning 9
o’clock.
Tuesday morning 9 o’clock court met pursuant to
adjournment.
D. M. STIMSOM
Guardian Tuesday
Nov 21st
ISAAC R. STIMSON 1876
Now
on this day comes D. M. STIMSON and
prays the court to be appointed Guardian of the Estate of ISAAC R. STIMSON a minor and it appearing to the court that due
notice of the same has been given according to law it is therefore ordered by
the court that the prayer be granted upon his entering into a bond of one
hundred Dollars, conditioned according to law and that letters of guardianship
issue to him upon his filing said bond and taking the oath required by law.
Ordered that court adjourn until tomorrow morning at 9
o’clock.
Wednesday Nov. 22nd 1876. Court met pursuant to
adjournment.
A . MANLEY
vs. Wednesday
Nov. 22nd 1876
LEE & OGLESBY Now
on this day the above entitled cause came on for trial and the plaintiff by
attorney appeared and announced ready for trial and the defendant having failed
to appear and answer in their behalf but wholly made default, wherefore the
said A. MANLEY ought to have and
recover against the defendants W. M. LEE
and L. W. OGLESBY his damages by
occasion of the premises and it appearing that the cause of the action is duly
liquidated and proven by an instrument of writing it is…
Page 92
…therefore ordered that the Clerk do assess the
damages sustained by said plaintiff and the Clerk having assessed the damages
at the sum of ($1020.00) one thousand and twenty Dollars. It is therefore
ordered and adjudged by the court that the plaintiff A. MANLY do have and recover of the defendants WM. M. LEE and LANDON W.
OGLESLEY the sum of one thousand and twenty Dollars with interest at the
rate of two per cent per month from the date, together with all cost herein
incurred for all of which let execution issue it is further ordered that
Execution issue in favor of the officers of the court against each party
respectively for the cost by them in this behalf expended.
Written in
margin: Rec’d March 2st 1877 of W. W.
MERRITT Shff. four hundred & ninety seven
20/00dollars--on this Judgmt. R. D. ARMOND—Atty. for pltiff.
J. M. GATES
vs. Wednesday
Nov. 22/76
WM. M. LEE Et al Now
on this day the above entitled cause coming on for trial and the plaintiff by
his attorney announced ready for trial and the defendant having failed to
appear and answer in their behalf but wholly made default wherefore the said J. M. GATES ought to have and recover
of W. M. LEE, L. W. OGLESBY and W. M. WEAVER his damages by occasion of
the premises and it appearing that the cause of the action is duly liquidated
and proven by an instrument of writing it is therefore ordered that the Clerk
do asses the damages sustained by said plaintiff and the Clerk having now
assessed the damages at the sum of six hundred and forty three Dollars &
o2/100 Dollars, it is therefore ordered and adjudged by the court that the
plaintiff J. M. GATES do have and
recover of the defendants WM. M. LEE, L.
W. OGLESLEY and W. M. WEAVER the
sum of six hundred & forty three & 02/100 Dollars unto interest at the
rate of 18 per cent per annum from this date…
Written in
margin: Recd. Payment in full this judgment of L. W. OGLESLEY Dec. 12th 1876 J.
M. GATES per J. M. BAINES Atty.
Page
93
…together
unto all cost herein incurred for all of which let execution issue it is
further ordered that execution issue against each party respectively for the
cost by them in this behalf incurred.
GREENWALD & TENISON
vs. Wednesday
Nov. 22/76
BENNET &
ROGERS Now
on this day the above entitled cause coming on for trial and the plaintiffs by
their attorneys announced themselves ready for trial and the defendants being
called came not but wholly made default wherefore the plaintiffs GREENWALD and TENISON ought to have and
recover of T. BENNET and D. L. ROGERS by occasion of the
premises and it appearing that the cause of the action is duly liquidated and
proven by an instrument of writing it is therefore ordered that the Clerk do
assess the damages sustained by said plaintiff and the clerk having now
assessed the damages at the sum of five hundred and eighty two & 22/100
Dollars & two & 50/100 (sic) Dollars it is therefore ordered and
adjudged by the court that the plaintiffs GREENWALD
& TENISON do have and recover of
the defendants T. BENNETT and D. L. ROGERS the sum of five Hundred
& Eighty two & 22/100 Dollars & 2.50 protest fee unto interest from
date at the rate 8 percent per annum together with all cost in this behalf
expended for all of which let execution issue it is further ordered that
execution issue in favor of the officers of the court against each part
respectively for cost by them in this behalf incurred.
F. J. VANCE Adm.
Est. DANL.
KLEPPER Decd. Wednesday
vs. Nov.
22nd/1876
JOS. LYNN Et al Now
on this day the above entitled cause coming on for trial and the plaintiff by
their attorney announced…
Page
94
…ready for trial and the defendant came not to answer
in their behalf but wholly made default, wherefore it is considered that the
plaintiff ought to recover damages from the defendants by occasion of the
premises and it appearing that the cause of the action is duly liquidated and
proven by an instrument of writing it is therefore ordered that the Clerk do
assess the damages sustained by plaintiff and the Clerk having assessed the
damages at three hundred and ninety nine 70/100 It is therefore ordered and
adjudged by the court that plaintiff F.
J. VANCE Admr. Est. DANL. KLEPPER decd. Do have and recover of Defendants JOS. LYNN, A. J. KLEPPER and JOHN A. (?) BUCK the sum of Three
hundred and Ninety nine & 70/100 Dollars with interest (?) thereon at the
rate of 12 ½ per cent per annum together with all cost in this behalf incurred
for all of which let execution issue it is further ordered that execution issue
against each party respectively in favor of the officers of the court for the
cost by them incurred.
Written in margin: Recd. Of JNO. A. BUCK and A. J. KLEPPER Five Hundred & Seventy Five & 25/100 in full
of this Judgment as against them. March 23rd 1881. J. M. BAINES atty. For Ptff.
JOHN T. KENDRICK
vs. Wednesday
Nov. 22/76
W. M. LEE Et al Now
on this day this cause coming on for trial and the plaintiff by their attorney
appeared and announced ready for trial, and the defendants having failed to
appear and answer in their behalf but wholly made default wherefore it is considered that the plaintiff
ought to have and recover of the defendants by occasion of the premises and it
appearing that the cause of the action is duly liquidated and proven by an
instrument of writing, it is ordered that the Clerk do assess the damages the
Clerk now having assessed the damages at the sum of three hundred & sixty
nine Dollars. It is therefore ordered and adjudged by the Court that the
plaintiff JOHN T. KENDRICK do have
and recover of the defendants W. M. LEE,
L. W. OGLESBY…
Page
95
…and E. M. WILKENS the sum of three hundred
and sixty nine Dollars with interest from date at the rate of 2 % per month
together with all cost in this behalf incurred for all of which let execution
issue, it further ordered by the court that Execution issue in favor of the
officers of the court against each party respectively for the cost by them
incurred.
C. C. LASLEY
vs. Wednesday
Nov.22nd 76
W. M. LEE Et al Now
on this day this cause coming in for trial and the plaintiff by his attorney
appeared and announced ready for trial and the defendants having failed to
appear and answer but wholly made default wherefore it is considered that the
plaintiff ought to have and recover his damages by occasion of the premises and
it appearing that the cause of the action is duly liquidated and proven by an
instrument of writing it is therefore ordered that the Clerk for (sic) assess
the damages sustained by the plaintiff and the Clerk now here having assessed
the damages at the sum of twelve hundred and six & 12/100 Dollars gold It
is ordered and adjudged by the court that the plaintiff C. C. LASLEY do have and recover of the defendants W. M. LEE and L. W. OGLESBY the sum of twelve hundred and six & 12/100
Dollars Gold with interest at the rate of two per cent per month, together with
all cost in this behalf expended it is further ordered that he have his
Execution and that Execution issue in favor of the officers of the Court
against each party respectively for the cost by them in their behalf incurred.
Written in
margin: Recd, March 6th 1877 of W. W.
MERITT Sheriff on this judgment Two hundred and seventy four and 75/100 C. C. LASLEY per J. M. BAINES Atty.
W. L. CAMPBELL Wednesday
Nov. 22nd
vs. 1876
W. M. LEE Et al Now
on this day this cause…
Page
96
…coming on for trial and the plaintiff by his attorney
announced ready for trial and the defendant having failed to appear and answer
in their behalf it is therefore considered that the plaintiff ought to have and
recover of the defendant by occasion of
the premises and it appearing that the cause of the action is duly liquidated
and proven by an instrument of writing it is ordered that the clerk do assess
the damages and the Clerk now here having assessed the damages at the sum of
three hundred and nineteen & 98/100 Dollars currency and the sum of four
hundred and seventeen & 57/100 Dollars gold, it is therefore ordered and
adjudged by the court that the plaintiff W.
L. CAMPBELL do have and recover of the defendants W. M. LEE and L. W. OGLESBY
the sums of (319.98) Three hundred and nineteen & 98/100 Dollars currency
and ($417.57) Four Hundred and seventeen 57/100 gold with interest from this
date at the rate of 15 per cent per annum together with all cost of suit for
all of which let execution issue it is further ordered that execution issue in
favor of the officers of the court against each party respectively for the cost
by them incurred.
Written in
margin:
Recd. March 6th
1877 of W. W. MERRITT Shff. On this judgment One hundred and Eighty and 25/100
Dollars JOHN BAINES Atty for (?) CAMPBELL
Recd. of L. W. OGLESBY payment in full on this
Judgment this 22nd day Jan.. A. D. 1885. W.
L. CAMPBELL.
THOS. H. EMERSON
& BRO.
vs. Wednesday
J. T. BUTLER Nov.
22nd 76
Now on this day comes the plaintiffs by their
attorneys and says they will no further prosecute this suit, it is therefore
ordered by the court that this cause be dismissed from the docket & that
the Defendant have & recover of the plaintiff T. H. EMERSON & BRO. all cost herein.
J. B. STIFF
& CO. Wednesday
Nov.22nd 76
vs. Now
on this day this cause is continued.
H & T. C. RWY.
CO. &
G. H. & H. RWY.
CO.
Page 97
JOHN JOHNSON
vs. Wednesday
Nov.22nd 1876
G. R. HOWELL Et
al Now
on this day this cause was continued for service.
C. CONRAD &
CO.
vs. Wednesday
Nov. 22nd 1876
T. BENNET Now
on this day this cause was continued for service.
THOS. H. EMERSON
& BRO.
vs. Wednesday
Nov. 22nd
W. L. MURRY Et al 1876
Now
on this day this cause coming on for trial and the plaintiff by their attorneys
appeared and announced ready
for trial and the defendants being three times called at the court House door
came not but wholly made default, wherefore it is considered that the
plaintiffs ought to have and recover of the defendants by occasion of the
premises and it appearing that the cause of the action is duly liquidated and
proven by an instrument of writing, it is ordered that the clerk do assess the
damages and the clerk now having assessed the damages at the sum of three
hundred and seven Dollars—it is therefore ordered and adjudged by the court
that the plaintiff THOS. H. EMERSON
& T. T. EMERSON do have and
recover of the defendants L. BULTER, W.
L. MERONEY [MURRY?] and D. C. FORMAN the sum of Three hundred and seven
Dollars together with thirty Dollars attorneys fees with interest at the rate
of two per cent per month interest from date, Together with all cost of suit
for all of which let execution issue, it is further ordered that Execution in
favor of the officers of the Court against each party respectively for the cost
by them in this behalf incurred.
Rec’d
payment in full of this
Judgment
Dec. 22 76
Jenkins
& Muse
Attys. For Pltff.
Written in
margin: Rec’d on this judgment two hundred seventy two and 20/100 dollars and $27.80
costs of suit Dec 13th 1876 Jenkins & Muse Pltiff’s
attoty.
Page 98
Now on this day comes the sheriff of Collin County and
returns into court a July list selected by the Jury commissioners appointed by
the County Judge of Collin County to select Juries to serve in the County court
of Collin County for the year 1876 and all of the said Jurors selected by said
commissioners having failed to appear and were excused except F. M. WARDEN, J. F. GIBSON and JOHN KIRBY, the court then ordered the
sheriff to summon a sufficient number of good and lawful Jurors qualified under
the law to fill the vacancy the sheriff 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:
|
F. M. WARDEN |
R. M. SCOTT |
|
J. F. GIBSON |
L. W. BRIGMAN |
|
JOHN KIRBY |
S. A. TUCKER |
|
J. A. VERNON |
J. C. COLEMAN |
|
JOEL BLAKEMAN |
JAMES HANN |
|
GEORGE HERNDON |
R. K. SWAN |
|
|
JOHN DUGGER |
Ordered that Court adjourn until tomorrow morning 8
o’clock.
Thursday morning 8 o’clock court met pursuant to
adjournment.
Now on
this day JAMES HANN was excused as
Juror and O. P. MALONE (?)
substituted in his stead.
MARX KEMPNER
vs. Friday Nov. 23rd 1876
WILSON & RUSSELL Now
on this day comes on to be heard the above entitled cause the plaintiff by his
attorney announced ready for trial and the defendants having been three times
called at the Court House door…
Page
99
…came
not but wholly made default and the Plaintiff having filed the following
instrument in writing as evidence in said cause to wit
219.38
Galveston Texas July 15th 1876
Pay to the order of THOS. H. EMERSON & CO.
for
Collection. Two Hundred nineteen 38/100
with
current rate of exchange in Galveston valu(e)
received and charge to account of
(?)
Messrs. MARX & KEMPNER
Wilson
& Russell
Weston Texas
No.
838
Paid one hundred and two (102 cy
Aug
as/1876
accepted July 20/1876
J. W. WILSON & RUSSELL
It is therefore considered by the court that the
plaintiffs MARX and KEMPNER
ought to have and recover of the defendants their damages by occasion of
the premises, it is ordered that the Clerk do assess the damages and the Clerk
now having assessed the damages at the sum of one hundred and forty Eight &
93/100 Dollars it is therefore ordered and adjudged by the court that the
plaintiffs M. MARX & H. KEMPNER do have and recover of the
defendants J. W. WILSON and J. E. RUSSELL the sum of one hundred
and forty Eight and 93/00 Dollars at a rate of 8 % per annum together with all cost herein incurred for all
of which let execution issue, it is
further ordered that Execution issue in favor of the officers of the court
against each party respectively for the cost by them in this cause incurred.
T. T. BRADLY
vs. Thursday
Nov. 23rd
H. & T. C. RWY. & CO. 1876
Now on
this day the above entitled cause…
Page
100
…came on to be heard and both parties by their
attorneys an (sic) announced ready for trial and a Jury being demanded by the
Plaintiff. Then came a Jury of good and lawful men to wit JOHN DUGGER and five others duly impaneled and sworn who after
hearing the evidence argument of the counsel and charge of the court returned
to consider the verdict and after mature deliberation returned into court the
following verdict to wit: We the Jury find for the plaintiff and assess the
damages at ($40.00) Forty Dollars. JOHN
DUGGER.
Foreman.
Written in margin: Received on
the above judgment of forty Dollars payment in full of the same. H. C. Kinshaw (?) atty. for Plff.
And it appearing to the court that this cause was
appealed from Justice Court Precinct No. 1 Collin County, Texas by the
defendants and it further appearing to the court that the Judgment rendered by
this court was for a less amount than that rendered in the Justice Court, It is
therefore ordered and decreed by the court that the Plff.
T. T. BRADLY have and recover of and
from the defendants the H. & T. C. RWY.
CO. the sum of forty Dollars with interest at the rate of 8 per cent per
annum from this date and all cost accrued in this court and the District Court
and that the said defendants the H.
& T. C. RWY. & CO. have and recover of and from the plaintiff T. T. BRADLY all cost accrued in the
Justice court Precinct No. 1 and that execution issue against each party for
the amount herein adjudged against them and that execution issue in favor of
the officers of the court against each party respectively for the cost therein
incurred.
Page
101
Ordered
that court adjourn until tomorrow morning 9 o’clock.
Friday
morning 9 o’clock court met pursuant to adjournment.
THOS. H. EMERSON
& BRO.
vs. Friday
Nov. 24/1876
LOVEJOY and
DICKSON Now on this day the
plaintiffs by their attorneys appeared and announced ready for trial and the
defendants having failed to appear and answer in their behalf came not but
wholly made default, wherefore it is considered by the court that the
plaintiffs ought to have and recover of the defendants their damages by
occasion of the premises & it appearing to the court that this cause of
action is liquidated & proven by an instrument of writing it is ordered
that the Clerk do assess the damages sustained by the Plaintiffs and the Clerk
now here having assessed the damages at the sum of Three Hundred and one &
30/100 Dollars it is therefore ordered and adjudged by the court that the
plaintiffs THOS. H. EMERSON and T. T. EMERSON do have and recover of
the defendants JOHN L. LOVEJOY and JNO. DICKSON the sum of Three Hundred
and one 30/100 Dollars with interest from date at the rate of two per cent per
month together with the sum of (blank) Dollars for attorneys fees and all cost
of suit for all of which let execution issue it is further ordered that
execution issue in favor of the officers of court against each party
respectively for the cost by them in this behalf incurred.
Written in
margin: Recd. of JOHN L. LOVEJOY Jr.
Thirteen & 75/ Dollars Co. Judge Sherff.-- &
Clerk’s Cost in this cause as per Receipt—June 25 78 J. M. BENGE Clk.
Recd. of JNO. L. LOVEJOY two hundred dollars on
this judgment
As per recept. of this date.
June
25 1877 Jenkins & Benge
(?)
Attys for Pllffs
Page
102
WM. MOORE
vs. Friday
Nov 24th 76
H. D. WATERMAN Now
on this day plaintiff has leave to amend.
H. F. DAN’L (?)
vs. Friday
Nov. 24th 1876
T. S. HOLLENBECK Now on
this day this cause was continued by Defendant.
M. A. TAYLOR
vs.
S. C. ANDERSON Now on this day this
cause was continued by consent.
W. R. SHORT
Admr. Friday
Nov. 24th 1876
Est
JOHN DEER Decd. Now
on this day comes W. R. SHORT and
files his bond as admr. Of the Estate of JOHN DEER Decd. and it appearing to the
court that the same is in all things correct was ordered approved and recorded.
W. R. SHORT
Admr. Friday
Nov. 24th 1876
Est JOHN
DEER [DERR?] Decd, Now
on this day come W. R. SHORT and
files inventory and appraisement of the property of the Estate of JOHN DEER Deceased and it appearing to
the court that the same is correct and made according to law was approved and
ordered recorded.
W. R. SHORT
Admr. Friday
Nov. 24th 76
Est JOHN
DEER Decd, Now
on this day came on to be heard the application of JOHN SHORT administrator of the Estate of JOHN DEER Deceased to sell the corn…
Page 103
…cotton and hogs belonging to said Estate and it
appearing to the court that a sale of the same (unreadable) be necessary to pay
the Expenses of the administration and the debts against said Estate it is
therefore considered and ordered by the court that W. R. SHORT administrator of said Estate proceed to sell at private
sale for cash all of the corn & cotton and the hogs belonging to said
estate and make his report of the same as is required by law.
H. T. DOYLE
vs.
T. S. HOLLENBECK Now on
this day the defendant by attorneys moved the court to dismiss this cause and
the matters and things being fully understood by the court the motion was over
ruled—
W. W. TURNER
Guardian Now
on this day came on to be hear the report of W. W.
Est. W. L.
SIDWELL a minor TURNER
Guardian of WM. SIDWELL a minor of
the sale of certain tracts of land belonging to the Estate of said minor as
ordered by this court at its last term to be sold for the purpose of defraying
the expenses of said guardianship and paying the debts against the Estate of said minor and it appearing to
the court that said land had been sold at private sale to J. M. GATES for the sum of
one hundred and fifteen Dollars and that said sale was fairly made and that the
land was sold for a fair price, it is therefore ordered adjudged and decreed
that sale be in all things confirmed and that the said Guardian W. W. TURNER be authorized and required
to execute a deed to the said purchaser J.
M. GATES.
Page
104
GEO. W. SIMPSON
vs.
Est. MARY S.
SIMPSON Now
on this day comes on to be hear the application for the removal of W. M. LEE and GEO. W. SIMPSON from the administration of the Estate of MARY S. SIMPSON Decd. and it appearing
to the court that said administrators had been required on the 21st day of October 1876 by this
court to give a new bond in said Estate on or before the 28th day of October 1876 and that the said administrators had failed to
give said bond as required it is therefore ordered adjudged and decreed by the
court that said LEE and SIMPSON
be removed from the administration of said Estate and that JOS. W. BAINS be and is hereby
appointed administrator of said Estate, that the said JOS. W. BAINS succeed to all the rights, powers & duties of the
former administrators that he be authorized to receipt to said former
administrators for all the effects belonging to said estate in their hands and
that he be invested with all the rights, privileges, powers & duties
authorized by law in such cases, it is further ordered that W. M. LEE and GEO. W. SIMPSON file
with the Clerk of this court an exhibit showing the condition of said Estate.
Ex Parte
ISAAC REED Now on this day comes on to be heard the
application of ISAAC REED for a
pension and it appearing to this court that said application states such facts
as are required by law to be entitled said applicant to a pension and that the
facts stated in the application are true it is therefore ordered and decreed by
the court that on then (?) and the clerk of…
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105
…this court be and is hereby authorized to issue to
said applicant a certified copy of said application together with a certificate
of this court to the (unreadable) of said application.
HENRY STIFF Et al Trustees Petition to Sell
School Lands
Stiffs school Community No. 9
JOHN MARTIN, J.
H. V. Now on
this day HENRY STIFF, JOHN MARTIN &
J. H. VERMILLION Trustees of Stiff School Community No. 9 filed their
petition praying for an order to sell a certain lot of land containing 2 Acres
being the same deeded by LOUIS STIFF
to J. C. De____(?) on the 10th day of Decr. 1872, for the purpose of
applying the proceeds (?) of the same to the purchase of other better situated
ground for the site of the public school house in said community and it
appearing to the court that the same is in accordance with law it is ordered
that said
Trustees made said Sale at the highest bidder for cash
on the premises after giving 20 days notice of the time & place of the sale
and that they execute a deed to the purchaser for the same and apply the
proceeds to the purchase of other grounds for a School site and take a Deed to
the County Judge of Collin County and have the same duly acknowledged and
recorded.
V. H. ALLEN
Admr.
Est. W. M.
ALLEN Decd. On
this day comes on to be heard the application of MRS. V. H. ALLEN surviving wife of M. W. ALLEN deceased to set apart to herself and family her
homestead of 200 acres & the property returned in the inventory exempt from
forced sale. Also to make an allowance to herself and children in money in lieu
of the property exempt from force sale not
owned by the Estate which being fully understood by the court it is or
deeded (?) that the following property returned in the inventory exempt from
the…
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106
…forced sale be set apart to said V. H. ALLEN & her minor children to wit
Five milch cows & calves
Twelve head of Hogs stove and fixtures 3 head (bed?) Steads & clothing 6 plows & Harness 6 Hoes One waggon (sic) one Gun one saddle and sum of (marked out) for
cattle disposed of & used (?) 317.00 after deducting $54.50 in lieu of remaining personal property
exempt from forced sale to be paid out of the first monies in hand belonging to
the Estate. It is further ordered by the court that the Homestead of 200 acres
be set apart to said V. H. ALLEN
& to her minor children out of the ANDREW
THOMAS survey including the improvements and it appearing to the court that
said survey is in two separate tracts & the tract upon which the
improvements are situated only contains 144 acres. It is decreed that THOS. B. WILSON county surveyor be
appointed to survey out of the other tract 141 acres adjoining the said 144
acre survey 56 acres so as to give said widow and minor children a (unreadable)
of 200 acres & report to the next term of this court and it further
appearing to the court that 40 acres out of the 141 acre survey made in the
name of ANDREW THOMAS is the
separate property of V. H. ALLEN, it
is ordered adjudged and decreed by the court said THOS. B. WILSON survey out of said 141 acre tract in addition to
the 56 acres as a Homestead the said 40 acre adjoining to the said 56 acres
& make report to the next term of this court, said THOS. B. WILSON shall proceed to survey & set (?) apart out a
79 1/3 acre tract of land belonging to said Estate made in the name of M. HART 52 5/6 acres of average quality
& value with the whole tract & make…
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…his
report to the next term of this court.
Ordered
that court adjourn until tomorrow morning 9 O’clock.
Monday
morning 9 o’clock.
J. O. STRAUGHAN
Admr. Monday
Nov.27th 1876
Est. D. WYLEY
Decd. Now
on this day comes on to be heard the annual report of J. O. STRAUGHAN (dalod (?) August 24th 1874) admr. of the Estate of D. WYLE Deceased which appearing to the
Court that due notice of the same was given and that said report was made in
accordance with law ordered approved.
D. STIFF
Admr. Monday
Nov. 27th 1876
Est. THOS. H.
SHAIN Now
on this day comes on to be heard the final report of DANL. STIFF administrator of the Estate of THOS. H. SHAIN and it appearing to the court that notice of the
same has been given according to law it is ordered and decreed by the court
that said report be approved and that said Administration be closed and that
said Administrator be discharged of his trust on his filing vouchers.
WHEELER MELICK & CO.
vs. Monday
Nov. 27th
HENRY LEE Et al 1876
Now
on this day plffs. have leave to amend.
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108
J. H. BOWMAN
vs.
GEO. ELLISON & J. W. BROCK
Now
on this day come on to be heard notion to quash attachment which being fully
understood by court was over ruled to which ruling defendants Excepts.
J. H. BOWMAN
vs.
GEO.
ELLISON & J. W. BROCK Now
on this day this cause was continued for service as to J. W. BROCK
WM. MOORE
vs.
H. D. WATERMAN Et
al Now
on this day comes on to be heard motion to strike out special answer which
being fully understood by the court was sustained so far as special
damages are claimed for loss of time.
V. H. ALLEN
Admr.
Est. M. W.
ALLEN Now
on this day comes on to be heard the application of V. H. ALLEN administratrix of the Estate
of M. W. ALLEN dec.
for the sale of the following described land to wit: 320 acres of land in the C. BROWN survey in Tarrant County, also
an undivided ¼ interest in 640 acres in WM.
L. MANN survey also an undivided ¼ interest in 240 acres JNO. C. YATES survey all in Tarrant
County, Texas. And it appearing to the Court that notice of the same has been
according to law and that the personal property belonging to said Estate in the
hands of V. H. ALLEN admrx. Is insufficient to pay the indebtedness of said
Estate, It is therefore ordered…
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…adjudged and decreed by the court that said
application be granted and that the said admrx as
aforesaid be and is hereby authorized to sale the above mentioned and described
land at private sale on a credit of twelve months and report her action herein
at the next term of this court.
WHEELER &
MELICK CO.
vs. Monday
Nov. 27, 1876
HENRY LEE Et al Now
on this day comes on to be heard the above entitled cause & Pllf. by attorney announced ready for trial HENRY LEE and MINNIE MORASKIE having failed to appear & answer but wholly made
default wherefore the said WHEELER &
MELICK CO. ought to recover against said HENRY LEE & MINNIE MORASKY their damages by occasion of the
premises & 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 said plaintiffs and the said Clerk having assessed the
damages at the sum of two hundred sixty three & 37/100 dollars it is therefore
ordered adjudged & decreed that the Plffs. have
& recover from said Defts. HENRY LEE & MINNIE MORASKIE the said sum of $263 37/100 dollars
with interest thereon at the rate of 10 % per cent per annum together with
their cost in this costs in this behalf expended for which let execution issue
and at the same time came in to be heard the issue between Plffs.
and ARMELIN REMELLE (ROEMELLE?) surety in the note aforesaid
& a Jury being waived the matter in controversy as well of fact as of law
were submitted to the court and the…
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…ending & argument of counsel having been hear and
fully understood it is considered by the court that the Plffs
WHEELER & MELICK CO. have and
recover of Deft. ARMELIA REMELLE (ROEMELLE?) as security in the note sued
in the sum of one hundred seventy one & 11/00 Dollars for which let
execution issue. It further appearing to the court that on the 12th day of June 1874 deft. HENRY
LEE made execute and delivered to Plffs. a
mortgage on the following described property to recover the payment note sued
upon to wit: One Wheeler & Melick Co. 6 hose pover (?) plantation thresher separator & cleaner. It
is therefore ordered adjudged and decreed by the court that said mortgage lien
be foreclosed & order of sale issue to sell the same to satisfy the
Judgment herein rendered & Cost of suit.