Page 254
Tuesday morning 9 o’clock Court met pursuant to
adjournment.
D. M. WOMACK
& CO. Tuesday
September
vs. 18th 1877
H. & T. C.
RWY. CO. Now
on this day this cause coming on for trial and both parties pronounced
themselves ready, and a Jury being waived and the matters and things in
controversy submitted to the Court and who after hearing the evidence and
arguments of the counsel rendered a Judgment against the defendants for the sum
of $65.85 and it appearing to the Court that this Cause was appealed from
Justice court precinct no. 1 Collin county by the defendant and it further
appearing that the Judgment rendered in the Justice court was for a greater
amount than that rendered in this Court. It is therefore ordered and decreed by
the court that the plaintiffs D. M.
WOMACK & CO. do have and recover of and from the HOUSTON and TEXAS CENTRAL RAILWAY COMPANY & E. W. CARE & JOHN SHEAM sureties for the bond the sum of sixty-five & 85/100
Dollars with interest from January 1st 1877 at 8 % per annum together
with all cost accrued in this Court and that the defendants the H. & T. C. R. R. CO. have and
recover from the plaintiffs D. M. WOMACK
& W. L. THOMAS all cost accrued in Justice Court, and that they have their
executions and that execution issue in favor of the officers of the court
against each party respectively for the cost by them in this behalf incurred.
A.G. GRAVES JR. Tuesday September
1877
vs. Now
on this day came on to be…..
JAKE GRAVES
(col.)
Page 255
…heard the application of A. G. GRAVES JR. to be appointed guardian of the person of JAKE GRAVES (col.) and the matters and
things set forth in said application being fully understood by the court and it
appearing that due note of the same has been given as the law requires, It is
therefore ordered and decreed by the court that said application be granted and
that letters of guardianship issue to him upon his filing a bond with good and
approved security in the sum of 50$ conditioned according to law.
MARGARET GRAVES Tuesday
September
vs. 18th 1877
MARY GRAVES (col.) Now on this
day came on to be heard the application of MARGARET
GRAVES to be appointed guardian of the person of MARY GRAVES (col.) and the matters and things set out in said application
being heard and fully understood by the Court and it appearing that notice has
been given as required by law & no protest being filed it is ordered and
decreed by the court that said application be granted and that letters of
guardianship issue to her upon her filing a bond in the sum of 50$ with good
and approved security conditioned according to law.
Ordered that court adjourn
until tomorrow morning 9 o’clock.
Wednesday morning September 19th court met pursuant to adjournment.
Page 256
Now on this day comes the sheriff of
A.HARRIS & BRO. September
19th
vs. 1877
MRS. R. J. WOOD Now
on this day this cause was continued by the plff.
W. R. SHORT September
19th 1877
1915 vs. Now
on this day this cause was continued by consent.
CITY OF
THOS. H. EMERSON & BRO. September 19th
1918 vs. 1877
S. K. INGRAM Et al Now on
this day this day this cause was continued for service.
THOS. T. P. McLEAN Wednesday
1891 vs. September
19th
JAMES L. WHITE 1877
Now on this day this cause came on to be heard and the
parties by their attorneys appeared and announced themselves ready for trial
and a Jury being waived & the matters and things in controversy being submitted
to the Court, who after hearing the evidence and argument of counsel rendered
verdict in favor of Defendant. It is therefore ordered and decreed by the court
that the plaintiff THOS. P. T. (sic)
Page 257
…nothing by this suit and that the defendant JAMES L. WHITE go hence without day and
he have and recover of and from the plaintiff all cost accrued in this cause
and 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
incurred.
WM. SPURGIN Tuesday
September
admr. 18th 1877
Est. C. V. SPURGIN decd. Now
on this day came on to be heard the application of WM. SPURGIN administrator of the Estate of C. V. SPURGIN decd. to have the order of this court entered upon
the minutes of the same allowing WM.
SPURGIN the admr. of said Estate to sell all of the personal property
belonging to said estate in order to pay off and discharge all of the debts
against the same and the cost of administration which said order was made at a
former term of this court to wit on the 3rd day of August 1877 and which
was not rescinded in the minutes of this Court and it appearing to the Court
from an examination of the probate docket that said order was duly and properly
made by the Court at the former term of this Court and that the Clerk of this
Court has failed to enter the same on the minutes hereof it is considered and
ordered by the court that the said WM.
SPURGIN administrator of the Estate
of C. V. SPURGIN proceed to sell either at private or public
sale for cash in hand all the personal property belonging to the Estate of C. V. SPURGIN decd…
Page 258
…and that he make his report
of the same according to law. It is further ordered by the Court that this
Judgment have the same force and effect as though it had been entered in the
minutes of this Court during the term at which the same was made.
F. M. DAVIDSON Monday
the 17th
admr. day of September
Est. J.
VANCLEVE 1877
Now on this day came on to be heard F. M. DAVIDSON’s administrator of the
Estate of J. VANCLEVE deceased
application to sell a tract of land herein described for the purpose of paying
off the indebtedness of said Estate and Costs of Administration Said tract of
land is situated in Shackelford County on the waters of the Clear fork of the
Brazos River about 22 miles S 56 W Belknap in Shackelford County being a survey
of 320 acres of land in the name of the Texas Emigration and Land Company
Abstract No. 370 Beginning at a stake in mound in prairie Being the north
corner of survey 18° 369 from which a mesquite 5 in. dia[meter] bears S 26 E
41.58 varas another 3 in. dia. bears S 5 W 47.52 varas distant Thence S 45° W
1307 varas branch 2.58 varas wide course S E 1344 varas stake in mound for corner from which a
mesquite 14 in. in dia. bears S 4 W 17.34 varas another 8 in. dia. South 5.
East 17.28 varas distant Thence S 45 E 1.18 varas and of branch 1259 varas same
branch 38.72 varas branch 1.81 varas wide course SE 95.04 varas same branch
2.57 varas wide 148.97 varas same branch 180 varas wide 194.11 varas same
branch 1344 varas a stake in…
Page 259
…mound for corner from which a mesquite 6 in. dia.
South 31.30 East 20.90 varas another 6 in. dia. bears south 2° 30’ west 15.68
varas Thence North 45° west 1344 varas to the place of beginning. Bearings
marked (370) & T. E. L. CO. patented the 15th day of
March 1858, and it appearing to the court that it is necessary to sell said
tract of land to pay off the Expenses of administration and the indebtedness of
said Estate. It is therefore ordered adjudged and decreed by the court that the
said F. M. DAVIDSON proceed to sell
at private sale for cash the above described tract of land for the purpose of
paying the Expenses of administration and the indebtedness of said Estate and
report the same according to law.
Est. of ISAAC STIMSON dec.
D. M. STIMSON Ex[ecutor]
Now on this day comes on to be heard the motion of D. M. STIMSON Extr. of the Estate of ISAAC STIMSON deceased to alter the
order of this Court heretofore made in this behalf and said motion being in all
things fully understood by the court, It is ordered adjudged and decreed that D. M. STIMSON Executor as aforesaid do
sell all the real Estate of ISAAC
STIMSON deceased on a credit of twelve months instead of six months as
heretofore ordered by this court and in the terms and conditions as specified
in said order of July 17th 1877 returning to the court an
account of said sale as specified in said original order.
Page 260
Written in margin: Rec’d payment in full of this Judgment. July 13th 1878 Jenkins & Muse
attys. For Jno. Phelps & Co.
JOHN PHELPS &
CO.
1909 vs. Wednesday
September
THOS. H.
This day came the plaintiff by their attorneys and the
said defendant having failed to appear and answer in this behalf but wholly
made default wherefore the said JOHN
PHELPS & CO. ought to recover against the said THOMAS H. MURRAY their damages by occasion of the premises and it
appearing to the court that the cause of action is liquidated and proved by an
instrument of writing it is ordered that the Clerk do assess the damages
sustained by said plaintiff and the said Clerk now here having assessed the
damages aforesaid at the sum of Three Hundred and ten and 73/100 (?) Dollars It
is therefore considered by the court that the said plaintiffs JOHN PHELPS and H. H. YATES do have and recover of the said defendant THOS. H. MURRAY the sum of Three
hundred and ten & 73/100 (?) Dollars with interest thereon at the rate of 8
percent per annum together with their cost in this behalf expended and that
they have their execution. 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 incurred.
JAMES FOSTER Wednesday
September
1917 vs. 19th 1877
B. S. SHELBOURN This
day came the plaintiff by their attorney and the said defendant having failed
to appear and answer in this behalf but wholly made default wherefore the said JAMES FOSTER ought to recover against
the said B. S. SHELBOURN his damages
by occasion of the premises and it appearing to the court that the cause of
action is liquidated and proved by an…
Page 261
…instrument of writing. It is ordered that the Clerk
do assess the dames sustained by said plaintiff and the said Clerk now here
having assessed the damages aforesaid at the sum of Two Hundred and forty one
Dollars It is therefore considered by the court that the said plaintiff JAMES FOSTER do have and recover of the
said defendant B. S. SHELBOURN the
sum of two Hundred and forty on dollars with interest thereon at the rate of 8
% per annum together with his cost in this behalf Expended and that he have his
execution. It is further ordered that Execution issue in favor of the officers
of the Court against each part respectively for the cost by him in this behalf
incurred.
Written in margin: Rec’d. payment in full of this Judgment. Nov. 285h 1877. Jenkins & Muse attys. For plff.
Ordered that court adjourn
until tomorrow morning 9 o’clock.
Friday morning September 21st 1877 court met pursuant to adjournment.
Ordered by the Court that R. L. WADDILL & H. B. (?) BROWN be
excused as Jurors at the present term of this Court, the Court then (unreadable)
to summon a (unreadable) of good and lawful men as Jurors, the sheriff then
brought into court the following named persons who were duly impaneled and
sworn to serve during the first week of this Court to wit S. D. HEARD, J. B. ROBERTSON, JAMES WOODS, W. R. C. MACK, and FRANK DOWELL.
W. P. MARSHALL Friday
September
Guardian 21st 1877
Est. JOSEPH
HALL a minor Now on this day came on to be heard…
Page 262
…the application of W. P. MARSHALL to be appointed guardian of the Estate of JOSEPH HALL a minor and it appearing to
the Court that notice has been given according to law & no objection being
filed, it is ordered by the court that said application be granted and that
letters of guardianship issue to him upon his filing a bond with approved
security in the sum of 200$ conditioned according to Law.
Ordered that Court adjourn
until tomorrow morning 9 o’clock.
Saturday morning 9 o’clock court met pursuant to
adjournment.
W. P. MARSHALL Saturday
September
Guardian 22nd 1877
Est. JOS. HALL
minor Now
on this day [comes] W. P. MARSHALL
and files his bond as guardian of the Estate of JOSEPH HALL a minor and it appearing to the court that the same is
a good and sufficient bond it is ordered that the same be approved and recorded.
A.S.
Guardian 22nd 1877
JAKE GRAVES minor Now on this day came A.
S. GRAVES JR. and files his bond as guardian of the person of JAKE GRAVES a minor & it appearing
that the same is a good and sufficient…
Page 263
…bond ordered that the same be approved and
recorded.
ALEX BERRY Saturday
September
admr. 22nd 1877
Est. LEWIS (?)
SHIRLY dec’d. Now
on this day this cause was continued for service
W. J. GARRETT Et al Friday
September 21st
vs. 1877
L. GAY Et al Now
on this day came on to be heard the plaintiff’s motion to dismiss the appeal in
this cause as to L. B. GAY and the
matters [and] things being fully understood by the court it is ordered that he
be allowed to file new bond & that
said motion be ordered to which plaintiff excepts.
W. J. GARRETT Et al Friday
September
vs. 21st 1877
L. GRAY Et al Now
this day came on to be heard the defendant’s motion to (unreadable) and
suppress the depositions filed in this cause (?) and the matters and things
being fully understood by the court the officer taking said depositions having (unreadable)
his certificate it is ordered that the same be overruled, to which ruling
defts. excepts.
W. J. GARRET Et al Friday
September
vs. 21st 1877
L. GRAY Et al Now
on this day comes the plaintiff by attorney and moves the court to dismiss this
Cause & the matters and things being fully understood by the court it is
ordered that the same be overruled to which the plaintiffs excepts.
Page 264
W. J. GARRET Et al Friday
September
vs. 21st 1877
L. GRAY Et al Now
on this day come the plaintiff and moves the court for
leave ann___? Officers certificate, taking deposition
showing that witnesses were sworn to answer cross interrogations and the
matters and things being heard and fully understood by the Court it is ordered
by the Court that the same be granted.
W. J. GARRET Et al
vs. Saturday
September
L. GAY Et al 22nd 1877
Now on this day came on to be heard the above entitled
cause and the parties by their attorneys appeared and announced themselves
ready for trial and a Jury being demanded by Plffs. then came six good and
lawful men, to wit W. R. C. MACK,
and five others, to serve as Jurors who were duly impaneled and sworn and who
after hearing the evidence the argument of counsel and charge of the court
retired to consider their verdict and after mature deliberation returned into
court the following verdict to wit, We the Jury find for the defendants.
W. R. C. MACK Foreman
It is therefore ordered and decreed by the court that
the plaintiff take nothing by his suit that the defendant do hence without day
and that he have and recover of and from the plaintiff W. J. GARNETT and M. L.
GARRETT their Cost by them in this cause incurred and that the have their
Execution and that Execution issue in favor of the officers…
Page 265
…of the court against each
party respectively for the cost by them in this cause incurred.
Ordered that Court adjourn
until Monday morning 9 o’clock.
Monday morning 9 o’clock court met pursuant to
adjournment.
Ordered by the court that it
adjourn until tomorrow morning 9 o’clock.
Tuesday morning 9 o’clock court met pursuant to
adjournment.
Written in
margin: Recd. on this Judgment $262.45 Apr. 22 1878 Jenkins & Muse, attys.
for Plff.
Recd. June 6th (?), 1878 the sum of two hundred (unreadable) & 65/100 dollars
Jenkins & Muse,
Attys. For Plff.
Recd, $183.00 in full of this Judgment July 22, 1878, Jenkins &
Muse, Attys. For Plff.
THOS H. EMERSON & BROS. Tuesday
vs. September
25
A.H. SHIRLY (?) 1877
Now on this day the above entitled cause came on to be
heard and the said defendants having wholly failed to appear and answer in this
behalf but wholly made default wherefore the said plaintiffs ought to recover
against the defendants his damages by occasion of the premises and therefore
the court after hearing the evidence adduced (?) in the cause ordered adjudged
and decreed that the plaintiffs have and recover of the defendant A. H. SHIRLY the sum of four hundred
and seventy four and 08/100 Dollars with interest thereon at the rate of 5 %
per month from the date of this Judgment together with 10 % upon the amount of
money collected on this Judgment as attorney’s fees in this cause. It is
further ordered…
Page 266
…and decreed that the plaintiffs have and recover of
the defendants the all costs by them Expended in this behalf for which several
sums of money let execution issue and that Execution issue against each party
respectively for the cost by them in this cause incurred in favor of the
officers of the court.
J. C. SNIDER Tuesday
September
admr. 25th 1877
Est. J. C.
McDONALD Now
on this day comes J. C. SNIDER and
files his account against said Estate for gathering Cotton &c belonging to
the Estate & it appearing to the court that said account is correct it is
ordered that the same be approved & allowed.
W. E. SMITH Tuesday
September
Guardian 25th 1877
R. E. SMITH minor Now on
this day comes W. E. SMITH guardian
of the Estate of R. E. SMITH a minor
and files his bond as guardian of said minor and it appearing to the court that
the same is a good and sufficient bond it is ordered that the same be approved
and recorded.
W. E. SMITH Tuesday
September
Guardian 25th 1877
SALLIE E. SMITH Now on this day comes W. E. SMITH
and files his bond as guardian of the Estate of SALLIE E. SMITH a minor and it appearing to the court that the same
is a good and sufficient bond, it is ordered by the court that said…
Page 267
…bond be approved and recorded.
JOS. W. BAINES
vs. Tuesday
September
Est. PETER
WETSEL 25th 1877
Now
on this day comes JOSEPH W. BAINES and
presents his application for the probate of the last will and testament of PETER WETSEL Deceased and said will
being read in open court and it appearing that JOS. W. BAINES was appointed Executor of said will and JOE FORMAN one of the subscribing
witnesses to said will coming into open court and being sworn says that PETER WETSEL on the 4th day of July A. D. 1877 being at the time of sound mind in the
presence of affiant caused W. L. MERONY
by his directions to sign the within and foregoing will for him in his presence
and in the presence of affiant and that said deceased signed said will in
presence of himself and said W. L.
MERONY as witnesses and that said deceased was over the age of 21 years of
age and that he and said MERONY were
over the age of 14 years and it appearing to the court that due notice of said
application has been given according to law, it is therefore and decreed by the
court that said prayer be granted and that said will be admitted to probated
and that said JOSEPH W. BAINES be
appointed Executor of said Estate and that he file an inventory of said Estate
& give a bond with good and approved security in the sum of $500.00 &
take the…
Page 268
…oath prescribed by law and that said will be
recorded.
JOS.
vs. 25th 1877
Est. PETER
WETSEL Ordered
by the court that JOE FOREMAN, F. J.
VANCE and HOMER SMOOT be
appointed appraisers of the Estate of PETER
WETSEL.
OGLESBY
KIRKPATRICK & CO. Tuesday
vs. September
W. N. BUSH 25th 1877
Now on this day came the parties in the above entitled
cause announced themselves ready for trial and the defendant having demanded a
Jury and the regular Jury having been dismissed the Court ordered the sheriff
to summon six good and lawful Jurors to serve in this cause who then returned
into Court the following persons who were impaneled and sworn to serve as a
Jury in the trial of this cause to wit, W.
H. TAYLOR, J. W. BONE, L. H. FOOTE, W. L. BOYD, J. B. HOWELL & HENRY SHIELDS.
Ordered that court adjourn
until Wednesday morning 9 o’clock.
Wednesday Morning 9 o’clock court met pursuant to
adjournment.
OGLESBY
KIRKPATRICK & CO. Wednesday
vs. September
W. N. BUSH 26th 1877
Now on this day came on to be heard the above styled
cause and (unreadable)…
Page 269
…by their attorneys appeared and announced themselves
ready for trial and a Jury being demanded by the defendant then came a Jury of
six good and lawful men who were duly impaneled and sworn and who after hearing
the Evidence argument of the counsel and charge of the Court retired to
consider their verdict and after mature deliberation returned into court and
says they cannot agree and after an agreement between the parties the Jury was
discharged and this cause was continued by consent.
THOS. P. T. McLEAN Wednesday
vs. September
26th
JAMES L. WHITE 1877
Now on this day came on to be heard plaintiff’s motion
for a new trial in this cause and the matters and things set forth in said
motion beings fully understood by the court, it is ordered and decreed by the
court that the same be overruled.
W. J. GARRET Et al Wednesday
vs. September
26th
L. GAY Et al 1877
Now on this day come on to be heard plaintiff’s motion
a new trial and the matters and things set forth in said motion being heard and
fully understood by the court, it is ordered and decreed that the same be
overruled to which the plaintiffs excepts and gives notices of appeal, to the
Court of appeals.
Page 270
Ordered that court adjourn
until Saturday morning September 29th 1877.
J.
M. BENGE a/c
$25.00
Ordered by the Court that J. M. BENGE Clerk of the County Court be allowed the sum of Twenty
five Dollars for Ex officer services rendered in the
preservation of the
MARGARET GRAVES Saturday
September
Guardian 29th 1877
MARY GRAVES Now
on this day comes MARGARET GRAVES
and files her bond as guardian of the person of MARY GRAVES a minor and it appearing to the court that the same is
a good and sufficient bond, It is ordered that the same be approved and
recorded.
G. A. WILSON Saturday
September
Admr. 29th 1877
Estate of L. T.
& E. B. MORRIS deceased Now
on this day comes G. A. WILSON and
files his bond as Administrator of the Estates of L. T. & E. B. MORRIS deceased and it appearing to the court
that the same is a good and sufficient bond it is ordered by the court that
said bond be approved and recorded.
G. A. WILSON Saturday
September
Admr. 29th 1877
Estate of L. T.
& E. B. MORRIS deceased Now on this day comes G.
A. WILSON…
Page 271
…administrator of the Estates of L. T. & E. B. MORRIS Deceased and files an inventory of all
property belonging to said Estate that has come to his hands and it appearing
to the Court that the same is correct in all things it is ordered that the same
be approved and recorded.
G. A. WILSON Saturday
September
Admr. 29th 1877
Estate of L. T.
& E. B. MORRIS deceased Now on this day came on to be heard [the] application of G. A. WILSON administrator of the
Estate of L. T. & E. B. MORRIS deceased
to sell the personal property belonging to the Estate. And it appearing to the
Court that said sale is necessary it is ordered that the same be granted and
that the administrator be ordered to sell said property at public sale on a
credit of six months on all sums over twenty five Dollars,
and that he report to this court.
HENRY L. BUSH Et al Saturday
September
vs. 29th 1877
Est. O. E. BUSH
dec’d. This
day came on to be heard applicant’s petition for a redistribution of the
undistributed residue of the Estate of O.
E. BUSH dec’d. and D. M. BUSH dec’d. ordered by
the court on the 21st day of March A. D. 1877 by the
Court to be partitioned between the heirs of said O. E. & D. M. BUSH and said applicants appearing by attorney
and said HARRIET F. BUSH and O. H. BUSH appearing by Attorney having
been duly cited, and it appearing to the court that said C. P. BUSH had died unmarried and Childless since said order of
partition and died indebted…
Page 272
…to no one that said O. H. BUSH WALTER FUEL (FAVELL?), W. R. BUSH, H. L. BUSH, E. M. BUSH
and SUSAN E. HERNDON are the heirs
at law of said C. P. BUSH. It is
ordered and adjudged by the court that that said H. BUSH, WALTER FUEL
(FAVELL?), W. R. BUSH, H. L. BUSH, E. M. BUSH and SUSAN E. HERNDON be substituted to be the bequests of said C. P. BUSH in said order of petition of said residue of
said Estate and the said undistributed residue of said Estate being and
consisting of the following described tract of land—to wit situated in Collin
County about 8 miles west of the City of McKinney on the waters of Rowlett
Creek being a portion of 320 acres of land patented to DAND. (?) L. MELTON assignee of
THOMAS PHILLIPS and being a portion of 94 acres of land out of said 320
acres conveyed March 20th 1862 by said MELTON and wife to OLIVER E. BUSH Beginning at the S E corner of said 94 acre tract on
the East boundary line of said 320 acre tract Thence North 23 chains and 50
links to the North East Corner of said 94 acres Thence West South and East to
the place of beginning so as to contain 40 acres of land be partitioned and
distributed among and between the said heirs of O. E. and D. M. BUSH
according to quantity and quality as follows to wit to O. H. BUSH 1/14 + 1/11 (1/14 +1/16) One fourteenth and One Eleventh
of One fourteenth and One sixteenth to W.
R. BUSH. H. l. BUSH, E. M. BUSH and SUSAN
E. HERNDON each 1/14 + 1/16+2/11 (1/14+1/16) One fourteenth and one sixteenth…
Page 273
…to WALTER
FAVELL 2/3(1/14+1/16) +2/11 (1/4+1/16) two thirds of one fourteenth and one
sixteenth and two Elevenths of one fourteenth and one sixteenth and to C. H. P FUELL (?) 1/3 (1/14+1/16) one
thirds of one fourteenth and one sixteenth thereof and that A. E. QUINESBERRY, J. S. DOWELL and DAVID MELTON SR. be appointed
commissioners to partition said land between said parties and that they report
at the next term of this court.
BENGE’S REPROT
Now on
this day comes JNO.
|
Names
of Jurors |
No.
of days |
Amt. |
|
W. L. BOYD |
2 |
4.00 |
|
J. W. BONE |
2 |
4.00 |
|
W. H. TAYLOR |
2 |
4.00 |
|
L. A. FOOTE |
2 |
4.00 |
|
J. B. HOWELL |
2 |
4.00 |
|
HENRY SHIELDS |
2 |
4.00 |
|
HENRY SHIELDS [note entered twice] |
2 |
6.00 |
|
J. H. WOODS |
2 |
4.00 |
|
W. R. C. MACK |
2 |
4.00 |
|
FRANK DOWELL |
2 |
4.00 |
|
S. D. HEARD |