Page 356

 

Now on this day comes W. W. MERRITT Sheriff of Collin County and returns into court the Jury list selected by the Jury Commissioners to serve during the first week of the present term of this court all of whom failed to appear and were excused Except JOHN KENNEDY and W. W. ELLIOTT, JOSEPH CLINE. The Court then ordered the Sheriff to summon a sufficient number of good and lawful men qualified under the law to fill the vacancy the sheriff then returned into court the following named persons to wit RILEY SCOTT, ANDREW CAMPBELL, JAMES R HORN and GABE BECK all of whom were duly impaneled and sworn to serve during the 1st week of this court.

 

APPLETON NOYES & CO.                                                  Wednesday March

                   vs.                                                                                        20th 1878

INGRAM & CO.                                                                                     Now on this day comes the plaintiff by their attorney and the said defendants having failed to appear and answer in this behalf but wholly made default wherefore the said GEORGE D. APPLETONE, NATHAN D. NOYES and JOHN B. MAUDE ought to recover against the said S. K. INGRAM and THOS. GRAY 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 plaintiffs and the said clerk now here having assessed the damages aforesaid at the sum of Two Hundred and twenty four and 11/100 Dollars. It is therefore considered…

 

Page 357

 

…by the court that the said Plaintiff do have and recover of the said defendants the sum of Two Hundred and twenty four and 11/100 Dollars with interest thereon at the rate of 10 percent per annum Together with their costs in the behalf expended and that they have their Execution.

 

Note: Written in margin beside the entry below: Recd. on this Judgment Sixty five ($65.00) Dollars Oct 2nd 1878;

Recd. on this judgment (smeared) $361.55 Decr. 10, 1878    J. C. WHITE atty. C. C. WHITE atty.

 

I.D. NEWSOME                                                                                     Wednesday March

       vs.                                                                                                    20th 1878

W. B. BLALACK Et al                                                                          This day comes the plaintiff by his attorney and the said defendant having failed to appear and answer in his behalf but wholly made default wherefore the said I. D. NEWSOME ought to recover from the said W. B. BLALACK, T. H. B. BLALACK and WILLIAM BEVERLY his 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 ninety four & 99/100Dollars, It is therefore considered by the court that the said plaintiff I. D. NEWSOME do have and recover of the said defendants W. B. BLALACK, T. H. B. BLALACK & WM. BEVERLY the sum of Three Hundred and ninety four & 99/100 Dollars with interest thereon at the rate of 12 % per annum Together with his cost in this behalf expended and that he have his execution and that execution issue against each party respectively for the cost by them…

 

Page 358

 

…in this behalf incurred in favor of the officers of the court.

 

Ordered that court adjourn until tomorrow morning 9 o’clock.

 

Tuesday morning 9 o’clock court met pursuant to adjournment.

 

Note: Written in the margin beside the entry below: Received on the within Judgment two Hundred Dollars May 31/1878; Recd. One Hundred & One36/00 dollars (unreadable) 8th 1878; One hundred fifty dollars White & Dogget Attys.; in full on this Judgment (unreadable) 29th 1878 White & Dogget Attys.

 

I.D. NEWSOME                                                                                     Wednesday

        vs.                                                                                                   March 20th 1878

JAS. L. LESLIE                                                                                     Now on this day come the plaintiff by his attorneys and the defendant having failed to appear and answer in their behalf but wholly made default wherefore the said I. D NEWSOME ought to recover against the said JAS. L. LESLIE his damages by occasion of premises. And it appearing to the Court that the cause of the 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 Four Hundred and thirty six & 36/100 Dollars ($426 36/100) It is therefore considered by the court that the said plaintiff I. D. NEWSOME do have and recover of the defendant JAS. L. LESLIE the sum of Four Hundred and thirty six & 36/100 Dollars with interest thereon at the rate of 12 % per annum. Together with his costs in this behalf expended and that he have his execution and that execution issue against each party respectively for the cost by them in this behalf incurred in favor of the officers of the court. 

 

Page 359

 

Ordered that court adjourn until tomorrow morning 9 o’clock.

 

Friday morning 9 o’clock court met pursuant to adjournment.

 

HENRY and ANDREWS                                                                       Wednesday

             vs.                                                                                              March 20th 1878

N. T. WHITE                                                                                           Now on this day this cause was continued.

 

 

GRAY KIMBRAUGH & CO.                                                  Wednesday

          vs.                                                                                 March 20th

R. H. LOGAN                                                                                         1878

Now on this day comes the plaintiffs by their attorney and the defendant having failed to appear and answer in this behalf but wholly made default wherefore the said JOHN B. GRAY and GEO. C. KIMBRAUGH (composing the firm of GRAY KIMBRAUGH & Co.) ought to recover their damages against the said R. H. LOGAN 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 plaintiffs and the said clerk now here having assessed the damages aforesaid at the sum of Two Hundred and seventy five & 25/100 Dollars, It is therefore considered by the court that the said plaintiffs JOHN B. GRAY and GEO. C. KIMBRAUGH do have and recover of said defendant R. H. LOGAN the sum of Two Hundred and seventy five 25/100 Dollars with interest thereon at the rate of 8 (?) % per annum Together with their costs in this behalf expended and that they have their…

 

Page 360

 

…Execution and that Execution issue in favor of the officers of the court against each part respectively for the cost by them incurred.

 

 

JOSEPH W. BAINES                                                                           Wednesday

            vs.                                                                                               March 20th

C. T. MORRISS Et al                                                                            1878

Now on this day this cause came on for trial and both parties appearing and a Jury being waived and the matters and things submitted to the court who after hearing the evidence & argument of counsel gave Judgment for Plaintiff and against the defendant. It is therefore ordered by the court that the plaintiff JOSEPH W. BAINES do have and recover of and from the defendants CHAS. T. MORRIS and JAMES K. ALDRIDGE the sum of One Hundred and ninety seven & 41/100 Dollars with interest from date at the rate of 10 % per annum. Together with all cost in this cause incurred and that he have his execution and that execution issue against each party respectively, in favor of the officers of the court for the cost by them in this cause incurred.

 


Now on this day came on to be heard the petition of twenty six free holders citizens of Collin County praying for an order for an election on the hog goat and sheep law approved August 15th 1876 within the following boundaries within said County to wit: Beginning at the Grayson County line on the east Fork on Trinity running down said East Fork to the McKinney and Greenville Road and East with…

 

Page 361

 

…said road to Sister Grove creek and up said creek to the Grayson County line and with said county line to the place of beginning. And the matters and things set out in said petition being heard and fully understood by the court it is ordered that the prayer be granted and that an election be held in accordance with said petition at Melissa and Wysong’s Mill by the presiding officers of said voting precincts on the 27th day of April A. D. 1878. And that they make their return as required by law and that notice of the same be given by publication for four weeks successively in the McKinney Enquirer.

 

 

A.J. SCRIBNER

         vs.                                                                                                  Now on this day this cause came on for trial and a

H. & T. C. RAILWAY CO.                                                                     Jury being demanded by the plaintiff the court then ordered the sheriff to summon a sufficient number of good and lawful men qualified under the law to try this cause. The Sheriff then returned into court the following named persons to wit:

J. A. STEWART, H. A. McDONALD (?), JAMES KENDLE (Pd.), P. P. ALLEN (Pd.), JAMES L. BAIN (Pd.) and J. L. RANEY (Pd.) who were duly in impaneled and sworn to serve as Jurors.

 

Ordered that Court adjourn until tomorrow morning 9 o’clock.

 

Saturday March 23rd 1878 court met pursuant to adjournment.

 

Page 362

 

ALEXANDER & SOMMERVILLE                                                        Wednesday

                 vs.                                                                                          March 20th

GEORGE T. ARMSTRONG                                                  1878

Now on this day plaintiff has leave to amend.

 

Ordered that court adjourn until Monday morning 9 o’clock.

 

Monday morning Mch. 25th 1878 court met pursuant to adjournment.

 

JAMES P. DOWELL                                                                            Monday March

              vs.                                                                                             25th 1878

SAMUEL FINLY a minor                                                                      Now on this day came on to be heard the application of JAMES P. DOWELL to be appointed guardian of the person and Estate of SAMUEL FINLY a minor And it appearing to the court that notice required by law has been given It is ordered that said application be granted and that letters of guardianship issue to him upon his filing a bond in the sum of five Hundred dollars with good and approved security and taking the oath required by law.

 

MRS. V. H. ALLEN                                                                                Wednesday Mch.

            admx.                                                                                         25th 1878

Est. M. W. ALLEN decd.                                                                     Now on this day came on to be heard the report of MRS. V. H. ALLEN admrx. of the Estate of M. W. ALLEN decd. upon the sale of the following described land belonging to said Estate to wit: First tract 320 acres in Tarrant County patented to M. W. ALLEN assignee of C. BROWN to T. J. ROSS for three Dollars per acre cash said land described in order of sale made & entered (?)…

 

Page 363

 

…on the 18th day of March 1878 and second tract being an undivided interest in 240 acres in Tarrant Co. in name of JOHN C. YATES, said land described in the aforesaid order to ELI SMITH for the sum of three Dollars per acre on a credit of twelve months taking note with personal security & mortgage to secure the payment of the purchase money, both sales having been made at private sale, and the matters and things therein contained being heard & fully understood  And it further appearing that said land sold for its reasonable cash value. It is ordered adjudged and decreed by the court that said sale be in all thing approved and confirmed and that said administratrix make execute and deliver to said T. J. ROSS a deed for said land upon payment of the purchase money and that she proceed to make and deliver to ELI SMITH a deed for the land sold to him taking his note with personal security & mortgage on the land to secure the payment of the purchase money.

 

A.J. SCRIBNER                                                                                     Friday March 22nd

        vs.                                                                                                   1878

H. & T. C. RWY. CO.                                                                             Now on this day this cause came on for trial and both parties by their attorneys appeared and announced [themselves] ready for trail and a Jury being demanded by the plaintiff, then came a Jury of six good and lawful men to wit: H. H. McDONALD and five others who were duly impaneled and sworn and who after hearing the…

 

Page 364

 

…evidence adduced argument of Counsel and charge of the court retired to consider their verdict and after consideration and after mature deliberation returned into court the following verdict to wit, “We the Jury find for  the defendant.: H. A. McDONALD, Foreman.

It is therefore ordered adjudged and decreed by the court that the plaintiff taking nothing by this suit and that the defendant HOUSTON & TEXAS CENTRAL RAILWAY CO. do have and recover of and from the plaintiff A. J. SCRIBNER  all cost in this cause incurred and that they have their Execution and that Execution issue in favor of the officers of the Court against each party respectively for the cost by them incurred in this cause.

 

 

H. A. McDONALD                                                                 Monday January

            vs.                                                                                               25th 1878

H. C. ADDISON                                                                                     Now on this day this cause came on for trial and a Jury being demanded, The Court ordered the sheriff to summons (sic) a sufficient number of good and lawful men to serve during the balance of this week the sheriff then returned into court the following named persons to wit: A. W. ELLIOTT, RILEY SCOTT, ANDREW CAMPBELL, J. R. HORN, GABE BECK and JAMES KENDALE all of whom were duly impaneled and sworn.

 

Ordered that court adjourn until tomorrow morning 9 o’clock.

 

Page 365

 

Tuesday morning 9 o’clock (March 26th 1878) Court met pursuant to adjournment.

 

E. F. ELKIN                                                                                             Tuesday March

   Gdn.                                                                                                    26th 1878

NANCY J. ELKIN                                                                                                   Now on this day comes on to be heard the final report of E. F. ELKIN guardian of N. J. ELKIN a minor and it appearing to the court that said N. J. ELKIN has arrived at full age by marriage with W. C. HARRIS and that they have each accepted service on the final Report and authorized the court to enter an order closing the guardianship and discharge said guardian at this term of the court and it further appearing that said Estate is fully administered and the guardian has filed his vouchers and the receipts of said N. J. & W. C. HARRIS for the sum of 1830 03/100 in full of all claims against him as said guardian, It is therefore ordered that said guardianship be closed and the guardian deliver possession of the real Estate to said N. J. HARRIS and the said guardian E. F. ELKIN be discharged upon his filing vouchers for the costs due in said guardianship.

 

J. P. DOWELL                                                                                      Tuesday March

   Guardian                                                                                            26th 1878

SAMUEL FINLEY a minor                                                                   Now on this day comes J. P. DOWELL and files his bond as guardian of the person and Estate of…

 

Page 366

 

…SAMUEL FINELY a minor and it appearing to the court that the same is a good and solvent bond it is ordered that the same be approved and recorded.

 

G. A. WILSON                                                                                       Tuesday March

     admr.                                                                                                                26th 1878

Est. L. T. E. MORRIS deceased                                                        Now on this day comes THOS. H. MORRIS and files a copy of Judgment rendered in Justice Court Precinct No. 1 for the Sum of $112.00 & Seventeen Dollar fifty cents Cost (?) in his favor against G. A. WILSON admr. of the Estate of L. T. & E. B. MORRISS dec. Ordered by the Court that the same be approved and that Same be paid in due course of administration.

 

H. A. McDONALD                                                                 Tuesday March

         vs.                                                                                                  26th 1878

H. C. ADDISON                                                                                     Now on this day this cause coming on to be heard and both parties appearing and announced themselves ready for trial and a Jury be demanded by the defendant then came a Jury of six good and lawful men to wit JAS. R. HORN and five others who were duly impaneled and sworn and who after hearing the evidence 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 a verdict for the plaintiffs for the sum of ($756 74/100) seven hundred and fifty six Dollars and seventy four cents.     JAS. R. HORN   Foreman

                It is therefore ordered adjudged and decreed by the Court that the plaintiff H. A. McDONALD do have…

 

Page 367

 

…and recover of and from the defendant H. C. ADDISON the sum of seven Hundred and fifty-six and 74/100 Dollars with interest at the rate of 8 % per annum and that he have his execution and that Execution issue against each party for the cost by them incurred in this cause in favor of the Officers of the Court.

 

 

F. M. ADDISON                                                                                     Wednesday March

       admr.                                                                                              27th 1878

J. VANCLEVE decd.                                                                            Now on the day came on to be heard the report of sale of 320 acres of land situated on the waters of the Clear fork of the Brazos River about twenty two 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 no. 369 from which a mesquite 5 in. in dia. bears S 26° E 41.58 varas another 3 in. in dia. bears 5° W 47.52 varas distant Thence S 45° W 13.07 varas branch 2.58 varas inde couse (?) SE 1344 varas stake in mound for corner from which a mesquite 14 in. dia. bears S 4 W 1734 varas another 8 in. dia. South 5° East 1728 varas distant Thence S 45 E 118 varas amt of branch 12.59 varas same branch 38.72 varas branch 1.81 varas inde course SE 9504 varas same branch 237 varas inde 148.97 varas same branch 1.89 varas inde 194.11 varas same branch 1344 varas a stake in mound for corner from which a mesquite 6 in. dia. South 31° 30 East 20.90 varas another 6 in. dia. bears South…

 

 

Page 368

 

…2° 30 West 15.68 varas Thence north 45° East 1344 varas to a stake in mound for corner 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 F. M. DAVIDSON administrator of the estate of J. VANCLEVE Dec’d proceeded in accordance with the order of this court heretofore entered on Monday the 17th day of September, 1877 and sold the land above described to P. B. MUSE and HENRY A. FINCH for the sum of two Hundred and fifty dollars in hand paid and it further appearing to the court that said sale was fairly made and in conformity to law and that the sale was made for a full and fair price it is ordered and adjudged by the court that F. M. DAVIDSON administrator of the Estate of J. VANCLEVE make out and deliver to the said P. B. MUSE and HENRY A. FINCH a good and sufficient deed to said 320 acres of land as described above upon the said MUSE and FINCH paying him therefore in Cash the said sum of two hundred and fifteen dollars.

 

Ordered that court adjourn until tomorrow morning 9 o’clock.

 

Wednesday morning Mch. 29th court met pursuant to adjournment

 

ISAAC CROUCH   (?)                                                                           Wednesday Mch.

        vs.                                                                                                   27th 1878

H. C. ADDISON                                                                                     Now on this day this cause was continued by defendant…

 

 

Page 369

 

…on affidavit.

 

ISSAC CROUCH (?)                                                                             Wednesday March 27th

         vs.                                                                                                  1878

H. C. ADDISON                                                                                     Now on this day the plaintiff has leave to amend.

 

 

HATLER & OSBOURN                                                                         Wednesday Mch.

          vs.                                                                                 27th 1878

HUNTER & LEE                                                                                     Now on this day this cause was continued by consent.

 

 

J. D. HUTTON                                                                                       Wednesday March 27

no.1929   vs.                                                                                         1878

W. W. MERRITT                                                                                   Now on this day came on to be heard the exceptions of Plff. to plea to the Jurisdiction filed herein by Deft. and the argument of counsel being heard and the matters and things therein being fully understood by the Court it is considered by the court that the law is for deft. It is therefore ordered adjudged and decreed by the court that said Exceptions be in all things overruled to which ruling Plff. excepted.

 

Note: Written in margin beside entry below: This judgment settled by payment of money to us Oct 8, 1878. Throckmorton Brown & Bro. Attys. for Pllf. 

 

J. D. HUTTON                                                                                       Wednesday March

        vs.                                                                                                   27th 1878

W. W. MERRITT                                                                                   Now on this day came on to be heard Deft’s. plea to the Jurisdiction of the Court filed herein and the facts as therein stated being admitted by Plff. It is considered by the Court that the law is for Deft. It is therefore ordered adjudged and decreed by the Court that said plea to the Jurisdiction be sustained and Plffs. petition dismissed and defendant have and recover of Plff. all costs in this behalf expended for which let execution…

 

Page 370

 

…issue to which Plff. excepted & gave notice of appeal to the court of appeals and ask permission for E. T. BROWN one of Plffs. attorneys to become surety on appeal bond which is granted.

 

Ordered that court adjourn until tomorrow morning 9 o’clock.

 

Thursday morning 9 o’clock court met pursuant to adjournment.

 

 

SAM’L P. BEARD                                                                 Thursday March

         vs.                                                                                                  28th 1878

ARCH CAMPBELL                                                                               Now on this day came the parties by attorneys and announced themselves ready for trail and a Jury having been demanded by defendant the following named Jury were impaneled and sworn according to law to wit, JAMES R. HORN and five other who others who after hearing the evidence 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 the defendant guilty.

                                                                                                JAMES R. HORN                  Foreman

It is therefore ordered and adjudged by the court that the Plff. S. P. BEARD have and recover of and from Deft. ARCH CAMPBELL the land and premises described in Plff’s affidavit writ of forcible detainer to wit, a tract of land in the PETER LUCAS survey situated in Collin Co. Texas about 7 miles SE from McKinney and East of the Rockwall road and containing 30 acres, and that he have his writ  of possession for the sum (?). It is further ordered that Plff. S. P….

 

Page 371

 

…BEARD have and recover of and from said Defendant all his costs in this behalf expended for which let execution issue. And that execution issue in favor of the officers of the court against each party respectively for costs by them in this behalf incurred.

 

Ordered that court adjourn until tomorrow morning 9 o’clock.

 

Friday morning Court met pursuant to adjournment.

 

 

MARTHENY and BELL                                                                        Thursday March

              vs.                                                                                             28th 1878

JAMES & JULIA C. CUNDENIN (?)                                                    Now on this day this cause was continued by consent.

 

 

Heirs of ISAAC STIMSON Decd.                                                       Tuesday Mch.

              vs.                                                                                             26th 1878

DANIEL STIMSON Extr.                                                                       Now on this day this cause was continued for service on defendant.

 

R. N. COFFEY                                                                                        Monday, Mch.

        vs.                                                                                                   18th 1878

R. J. MOSS Guardian, D. M. DAMRON Et al                                   Now on this day came on to be heard the application of R. N. COFFEY to be released as surety for bond of R. J. MOSS as guardian of D. M. DAMRON Et al minors and it appearing to the court that said MOSS has had notice of said application, It is ordered and decreed by the court that the same be granted and that said R. N. COFFEY be released from said bond…

 

Page 372

 

…upon R. J. MOSS filing a new bond in accordance with law.

 

J. C. SNIDER                                                                                         Friday March 29th

     admr.                                                                                                                1878

Est. J. C. McDONALD Deceased                                                     Now on this day this cause was continued by law.

 

 

Ordered that court adjourn until tomorrow morning 9 o’clock.

 

Saturday morning March 30th court met pursuant to adjournment.

 

C. T. MANN                                                                                            Saturday March 30th

   Guardian                                                                                            1878

N. H. GOSSUM                                                                                      Now on this day C. T. MANN guardian of N. H. GOSSUM files his vouchers showing all the Estate in his hands disposed of. It is ordered and decreed by the court that he be discharged from his trust.

 

F. E. McKINNEY                                                                                    Friday March 30th

        vs.                                                                                                   1878

JESSE SHAIN                                                                                                       Now on this day this cause was continued by defendant.

 

S. A. STINNETT Et al                                                                           Wednesday March

          vs.                                                                                1878

R. V. THOMPKINS                                                                                Now on this day came on to be heard the Plffs. Exceptions to Defendants general and special Demurrer and the matters and things being heard and fully understood by the Court it is considered that the law is for the defendant. It is therefore ordered & decreed by the court that the Plffs. take nothing by this suit and that the…

 

Page 373

 

 

…defendants go hence without day and that he have and recover of and from the Plff. all cost accrued in this suit 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. CAMERON                                                                                   Friday March 29th

         vs.                                                                                                  1878

THOS. P. T. McLEAN                                                                           Now on this day this cause was continued.

 

 

ALEXANDER & SOMMERVILLE                                                        Friday March

                    vs.                                                                                       1878

GEO. T. ARMSTRONG                                                                         Now on this day this cause was continued by the defendant.

 

CLERK’S REPORT

 

Now on this day comes J. M. BENGE Clerk County Court Collin County and makes his report of all monies received and disbursed by him since his last report and the names of Jurors and the number of days served and the amount due each to wit:

 

Name

No. days

amt.

JOHN KENNEDY

3

6.00

A.M. ELLIOTT

3

6.00

RILEY SCOTT

3

6.00

ANDREW CAMPBELL

3

6.00

JAMES R. HORN

3

6.00

GABE BECK

3

6.00

JOE CLINE

3

6.00

J. M. STEWART

1

2.00

H. A. McDONALD

1

2.00

JAMES KENDALL

1

2.00

P. P. ALLEN

1

2.00

JAMES L. CONN

1

2.00

J. L. RANNY

1

2.00

 

Page 374

 

J. L. FARIS

1

2.00

J. W. BONE

1

2.00

A.L. JONES

1

2.00

A.W. ELLIOT

5

10.00

RILEY SCOTT

5

10.00

ANDREW CAMPBELL

5

10.00

J. R. HORN

5

10.00

GABE BECK

5

10.00

JAMES KENDAL

5

10.00

 

That I have issued Jury script to each of said Jurors for the amount due them. That I had on hand at my last report the sum of ……………………………………………………………………………………………………………………$2.10

WM. CAMERSON

        vs.                                                   Jury fee…………………………………………………………………………..…..3.00

ARCH CAMPBELL

 

ALEANDER & SOMERVILLE

                    vs.                                       Jury fee………………………………………………………………………………3.00

G. T. ARMSTRONG

Amt. on hand……………………………………………………………………………………………………...…………$11.10

That I have paid out no money since my last Report, all of which is Respcy. submitted.

                                                                                                                J. M. Benge Clerk.

And it appearing to the Court that said report is in all things correct it is ordered that the same be approved and recorded.

 

 

Est. of                                                                                                     Friday March 29

O. E. & D. M. BUSH                                                                              1878

         Decd.                                                                                            The report of DAVID MELTON, J. D. DOWELL and A. E. QUINESBERRY…

 

Page 375

 

…commissioners appointed to partition the undistributed reside of said Estate, consisting of a tract of land having been duly appointed by this court at the last term thereof. And it appearing from said report that said land is not susceptible of division, and it appearing to the court that none of the distributees of said Estate have applied in accordance with law to take said land, It is ordered by the court that WM. R. BUSH the administrator of said Estate do sell said land for cash on Tuesday the 7th day of May 1878 at Public outcry in accordance with law said land being described as follows to wit: situated in Collin County about 8 miles west of the city of McKinney on the waters of Rowlett’s creek being a part of 320 acres of land patented to DAVID L. MELTON assignee of THOMAS PHILLIPS and being apportion of 94 acres of land out of said 320 acres conveyed March 20th 1862 by said MELTON & wife to OLIVER E. BUSH. Beginning at the SE corner of said 94 acres 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 and that said administrator report said sale to the court at the next term.

 

Estate of                                                                                                                Saturday March 30th

JAMES STEWART                                                                               1878

                Deceased                                                                             Now on this day came on to be heard the application for…

 

Page 376

 

…partition and distribution and the report of the administrator in the Estate of JAMES STEWART deceased, and said report having been examined & being fully understood by the court, It is ordered by the court that the same be confirmed. And that it further appearing to the court that MARTHA J. and DELIA ALEXANDER, JOSEPH STEWART, SALLIE DUEY and EDITH WHITE are the only heirs at law and children of the said JAMES STEWART dec’d. It is ordered adjudged and decreed by the court that they each receive one fifth of the following described property to wit:

One wagon, 7 head of cattle, all of the household furniture now in the possession of MRS. EDITH WHITE or JOSEPH STEWART and that it belonged to JAMES STEWART dec’d.  One grind stone, One Kittle (sic) and one cooking stove, one heating stove, one horse, one set of old Harness, five hogs, three carpenter’s planes, one lounge, one dining table, one Webster’s Dictionary, one bible and one plon (plow?) and the following described tract of land in Collin County on the waters of Hurricane Creek about 11 miles north from McKinney being part of a survey of 640 acres of land made in the name of ZACHARIAH ROBERTS. Beginning at the NW corner a stake from which an Elm 12 in. in dia. mkd. R brs. N 16° 30’ W 5 lks. Thence South the W line there of 26 6/100 chs. a stake from which a hackberry 6 in. in dia. mkd. X brs. S 80° E 15 lks. Thence E 25 chs. a stake in small branch from which a chitin 7 in. in dia. mkd. X N 28° W 12 lks. Thence N 26 66/100 chs. to a stake in the N line of the ROBERTS survey Thence W 25 chs. to the place of beginning containing 66 acres. It is further ordered and decreed by the court that THOS. B. WILSON, GEO. COFFMAN…<