Page 457
HENRY &
ANDREWS Wednesday
September 18th
vs. 1878
JESSE SHAIN Now
on this day this cause was continued by Plaintiff.
Ordered that court adjourned until tomorrow morning 9
o’clock.
Saturday morning September 21st 1878 court met pursuant to adjournment.
W. C. MASSIE Saturday
September 21st
vs. 1878
H. T. C. R W. Y.
CO. (?) Now
on this day this cause came on to be heard the above styled cause and the
parties by their attorneys appeared and announced themselves ready for trial
and a Jury being waived and the matter and things as well as the facts as of
law were submitted to the court, who after hearing the evidence and argument of
counsel gave Judgment for defendant. It is therefore ordered and decreed by the
court that the plaintiff W. C. MASSIE
take nothing by this suit and that the defendant have and recover of and from
the plaintiff all cost accrued in this cause 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 incurred.
MARY J. RICE Saturday
September 21st
vs. 1878
JUD HIGGINS 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 and
the…
Page 458
…matters and things as well as of fact as of law was
submitted to the court and who after hearing the evidence the argument of
counsel gave judgment for the Plaintiff. It is therefore ordered and decreed by
the court that plaintiff MARY J. RICE
do have and recover of and from the defendant JUD HIGGINS the sum of ten Dollars together with all cost accrued
in this cause and that she have her execution and that Execution issue in favor
of the officers of the court against each party respectively for the costs by
them incurred.
Written in
margin: Receive Payment in full of this Judgment Oct 5 1878 MARY x (her mark) RICE. Attest S. H. Cown (?).
Hrs. of ISAAC STIMSON Thursday
September
vs. 19th 1878
DANIEL STIMSON Now
on this day this cause was dismissed.
J. M. BENGE Saturday
September
admr. 21st 1878
Est. BUFORD
[and] MARY F. HENRY dec. Now
on this day comes J. M. BENGE
administrator of the Estate of BUFORD and
NANCY F. HENRY deceased and files an
inventory and appraisement of all property belonging to said Estate and it
appearing to the court that the same is in all things correct it is ordered
that the same be approved and recorded.
J. K. BOWMAN Saturday
September
vs. 21st 1878
Est. EUPHEMIA
DYE et al Now
on this day this cause is dismissed, it appearing to the court that said EUPHEMIA DYE has married.
Page 459
Ordered that court adjourn until Monday morning 9
o’clock.
Monday Sept. 23rd 1878 court met pursuant to
adjournment.
H. H. FINLY Monday
September
vs. 23rd
Est. SARAH
FINLY et al minors Now
on this day this cause was dismissed.
J. H. BOWMAN Monday
September 23rd
vs. Now
on this day came on to be heard the
Est. S. E. DYE
dec’d. application
of J. H. BONMAN to be appointed
administrator of the Estate of S. E. DYE
dec. and it appearing to the court that notice of said application has been
give according to law, It is ordered by the court that the same be granted and
that letters of guardianship (sic) issue to him upon his filing a bond in the
sum of Ten Thousand dollars and taking the oath prescribed by law.
J. H. BOWMAN Monday
September
admr. 23rd. Ordered by the court
that G. W. B_______,
Est. S. E. DYE
dec. JOE. FOREMAN and J. Y. LOVELACE be appointed appraisers of the Estate of S. E. DYE dec.
J. W. BAINES Monday
September 16th
Admr. 1878
Est. WM. REECER Now
on this day comes J. W. BAINES &
asks the court to set aside Exempt property belonging to said Estate to (blank)
REECER surviving widow of said
decedent. Ordered by the court that said prayer be granted & that T. B. WILSON be appointed to survey off
the homestead.
Page 460
J. H. & G. W.
BOWMAN Tuesday September 24th 1878
vs. Now
on this day came on to be heard the petition of J.
Est. of HENRY
DYE Dec. H. & G. W. BOWMAN for letters of
testamentary in the Est. of said HENRY
DYE Dec. and it appearing to the court that due notice of said petition had
been given according to law and that said HENRY
DYE died in Collin County Texas on the 10th day of
August A. D. 1878, that the principal part of his Estate is situated in said county
of Collin that heretofore to wit 3rd day of April A. D. 1876, the
said decedent made his last will in the presence of P. T. SMITH, JOE FOREMAN & JAS.
K. ALDRIDGE who signed the same as witnesses at the request of the said
testator that JOE FOREMAN came into
open court and testified to the foregoing facts as to the execution of said
will which testimony was written down sworn to & subscribed by the said FORMAN in open court as aforesaid and
placed on file with the papers of said Estate the said Testator afterwards to
wit August the 8th A. D. 1878 made a codicil to
said will in the presence of T. J. VANCE
and W. T. JACKSON who signed the
same as witnesses at the request of said testator which said facts as the
codicil were preserved (?) by the written affidavit of the said T. J. VANCE taken in open court which
said affidavit was placed on file with the papers of said Estate that by the
terms of said will J. H. BOWMAN and G. W. BOWMAN were appointed executors
of said will and that said G. W. BOWMAN
declining to act it is considered by the court that the appointment of the said
J. H. BOWMAN be confirmed and that
letters testamentary issue to him upon his filing his bond for the sum of Ten
Thousand Dollars conditioned according to law with good & sufficient sureties
that the clerk shall place…
Page 461
…when recorded the said will & record (?) into the
aforesaid affidavits.
J. H. BOWMAN Tuesday
September 24th
Extr. 1878
Est. HENRY DYE
dec. Ordered
by the court that G. W. BARNETT, JOE FOREMAN
and J. Y. LOVELACE be appointed
appraisers of the Estate of HENRY DYE
dec.
Ordered that court adjourn until Wednesday morning 9
o’clock.
Wednesday morning 9 o’clock September 25th 1878 court met pursuant to adjournment.
SAM YOUNG Wednesday
September 25th
admr. 1878
Est. Wm, TEEL
dec’d. Now
on this day comes SAM YOUNG and
files his bond for approval as the administrator of the Estate of Wm. TEEL deceased and it appearing to
the court that same is a good and solvent bond, it is ordered by the court that
the same be approved and recorded.
SAM YOUNG Wednesday
September 25th
admr. 1878
Est. Wm. TEEL
dec’d. Now
on this day comes SAM YOUNG
administrator of the Estate of Wm. TEEL
dec. and files an inventory and appraisement of said Estate and it appearing to
the Court that the same is in all things correct ordered that the same be
approved and recorded.
Page 462
Ordered that court adjourn until Saturday morning 9
o’clock.
Saturday morning September 28th court met pursuant to adjournment.
SAMUEL YOUNG Saturday
September 28th
admr. 1878
Est. Wm. TEEL Now
on this day comes SAM YOUNG and
files an application for the sale of personal property belonging to the Estate
of Wm. TEEL Dec. and it appearing to
the court that it is necessary to sell the same to pay off the indebtedness
against said Estate, it is ordered that said application be granted and that
said administrator proceed to sell for cash at private sale such property as he
may deem liable to waste or depreciate in value (unreadable) to include any
that is exempt by law from force sale.
A.H.WEAVER Saturday
September 28th
Extr. 1878
G. R. MARTIN dec. Ordered
by the court that this cause be continued.
N. B. SEABORN Saturday
September
vs. 28th 1878
Ests. W. G. &
AMANDA (?) LEE minors Now
on this day this cause was continued for notice.
S. R. HAMILTON Saturday
September
vs. 28th 1878
Est. THOS.
HAWKINS Now
on this day this cause was continued for notice.
Page 463
ROBT. GARNETT Saturday
September 28th
admr. 1878
Est. JOHN L.
WHITE Now
on this day this cause was continued for notice.
R. V. TOMPKINS &c. Saturday
September
vs. 28th 1878
J. M. STINNETT Admr. Now
on this day this cause was continued by plaintiff.
Est. J. A.
STINNETT Dec.
JACK PHALEN Monday
September 23rd
vs. 1878
JESSE SHAIN 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 and
the matters and things as well as fact as of law were submitted to the court
who after hearing the evidence & argument of counsel gave judgment for the
Plaintiff for $113.70. And it appearing to the court that this cause was
appealed from Justice Court precinct no. 1 Collin Co. by the Defendant and it
further appearing to the court that the judgment recovered in this court was
for a less amount than that in Justice Court, It is therefore ordered and
decreed by the Court that JACK PHALEN do
have and recover of and from the defendant JESSE
SHAIN the sum of One hundred and thirteen & 70/100 Dollars. Together
with all costs accrued in this court and that he have his Execution and that JESSE SHAIN have and recover of JACK PHALEN all cost accrued in Justice
Court 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.
Written in margin:
For value received I have this day transferred all my right title and interest
in and to this judgment against JESSE SHAIN to A. W. SHORT this Decr. 2 1878.
JACK
PHALEN
Rec’d. on this judgment $6.56.
May
17, 1879 [ unreadable] atty. for plff.
Page 464
THROCKMARTIN
& BROWN Saturday
September 28th
vs. 1878
PETER HAMMER Now
on this day this cause was continued by plaintiff.
S. L. McBRIDE Saturday
September 28th
vs. 1878
JESSE SHAIN Now
on this day this cause was continued by consent.
ALEXANDER &
SUMMERVILLE Saturday
September
vs. 28th 1878
G. T. ARMSTRONG Now
on this day came on to be heard the defendants motion for a new trial and the
matters and things set forth in said motion being heard and fully understood by
the court, It is ordered that the same be overruled to which ruling defendants
Excepts and gives notice of appeal to the court of appeals.
MARY J. RICE Saturday
September 28th
vs. 1878
JUDD HIGGINS Now
on this day came on to be heard the defendants motion for a new trial and the
matters and things set forth in said motion being heard and fully understood by
the court, It is ordered that the same be overruled.
C. W. MASSIE Saturday
September 28th
vs. 1878
H. & R. C.
RWY. CO. Now
on this day plaintiff has leave to amend.
C. W. MASSIE Saturday
September 28th
vs. 1878
H. & R. C. R.
W. Y. CO. Now
on this day came on to be heard the plaintiff’s motion for a new trial and the
matters and…
Page 465
…things set forth in said motion being heard and fully
understood by the court it is ordered that the same be overruled.
J. H. BOWMAN Tuesday
September 24/1878
Guardian Now
on this day came on to be heard the petition of
Minor heirs of S.
E. DYE and H. DYE deceased of J. H. BOWMAN guardian of E. BELLE
DYE, ADDIE L. DYE, MINNIE MAY DYE, LURA P. DYE & THOS. C. DYE & LIZZIE M. DYE minor—to make proof of
heirship And it appearing to the court that SARAH E. DYE died on 6th March 1878, and that HENRY DYE departed this life on the 19th of Aug. 1878 and left
surviving them the following named children MEDORA E. BOWMAN (?), HENRY M. DYE, EUPHEMIA P. KEYSER, E. BELLE DYE,
ADDIE L. DYE, MINNIE MAY DYE, LURA P. DYE, LIZZIE M. DYE & THOS. C. DYE. It is therefore considered &
declared by the court that the said children are the only lawful heirs of said HENRY & S. E. DYE dec.
Ordered that court adjourn until Monday morning 9
o’clock.
Monday September 30th 1878 court met pursuant to
adjournment.
J. H. BOWMAN Monday
September 30th
Extr. 1878
Est. HENRY DYE
Dec. Now
on this day comes J. H. BOWMAN
Executor of the Estate of HENRY DYE
Dec. and [files] his bond as such for approval and…
Page 466
…it appearing to the court that the same is a good and
solvent bond it is ordered that the same be approved and recorded.
J. H. BOWMAN Monday
September 30th
Admr. 1878
Est. S. E. DYE
Deceased Now on this day
comes J. H. BOWMAN admr. of the
Estate of S. E. DYE Deceased and
files his bond as such for approval 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.
J. H. BOWMAN Monday
September 30th
Guardian 1878
Est. E. BELLE
DYE minor Now
on this day comes J. H. BOWMAN
guardian of the person and Estate of E.
BELLE DYE minor and files his bond for approval 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.
J. H. BOWMAN Monday
September 30th
Guardian 1878
ADDIE L. DYE a minor Now
on this day comes J. H. BOWMAN guardian
of the person and Estate of ADDIE L. DYE
a minor and files his bond as such guardian for approval 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.
Page 467
J. H. BOWMAN Monday
September 30th
Guardian 1878
Est. MINNIE MAY
HARRINGTON, minor Now
on this day comes J. H. BOWMAN guardian
of the person and Estate of MINNIE MAY
HARRINGTON a minor and files his bond for approval as such guardian 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.
J. H. BOWMAN Monday
September 30th
Guardian 1878
LIZZIE M. DYE a minor Now
on this day comes J. H. BOWMAN
guardian of the person and Estates of LIZZIE
M. DYE a minor and files his bond for approval 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.
J. H. BOWMAN Monday
September 30th
Guardian 1878
Est. LURA P.
DYE minor Now
on this day comes J. H. BOWMAN
guardian of the person and Estate of LURA
P. DYE a minor and files his bond for approval 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.
J. H. BOWMAN Monday
September 30th
Guardian 1878
Est. THOS. C.
DYE a minor Now
on this day comes J. H. BOWMAN
guardian of the person and Estate…
Page 468
…of THOS. C.
DYE a minor and files his bond for approval 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.
MARY A. MATTHEWS Monday
September 30th
vs. 1878
Comm. Est. B.
T. MATTHEWS Ordered
by the court that R. W. CARPENTER, W. N.
BUSH and WM. HOWARD be appointed
appraisers of the community Estate of MARY
A. MATTHEWS and her deceased husband B.
T. MATTHEWS.
ALEX M. INGRAM Monday
September 30th
vs. 1876
Community Estate Ordered
by the court that J. W. KEINE, J. N.
GENT
of MARY E.
INGRAM deceased (?)
and JOSEPH SCOTT be appointed
appraisers of the Community Estate of ALEX
M. INGRAM and his deceased wife MARY
E. INGRAM.
HALTER &
OSBURN Monday
September 30th
vs. 1878
HUNTER & LEE Now
on this day came on to be heard the plaintiffs’ motion for a new trail in this
cause and the matters and things set forth in said motion being and fully
understood by the court it is ordered that the same be sustained.
ELI COUSINEAU Monday
September 30th
vs. 1878
JOHN CAMERON Now
on this day comes the defendant JOHN
CAMERON by…
Page 469
…attorney and moves the court to grant him a new trail
in this cause, and the matters and things set forth in said motion being heard
and fully understood by the court it is ordered that the same be sustained and
that said defendant be allowed a new trial in this cause to which Plffs. excepts and gives notice of appeal to the court of
appeals.
J. M. PEAGUS’
REPORT
Now on
this day comes J. M. PEAGUS Clerk of
the County Court of Collin County Texas and files his report of all money
received and disbursed by him since his last report and the names of each juror
who have served at this term of the court and the amount due each.
|
Names
of Jurors |
No.
of days |
Amt.
due |
|
R. K. SWAN |
4 |
8.00 |
|
LOCK SEAY |
3 |
6.00 |
|
R. L. WADDLE (WADDILE) |
1 |
2.00 |
|
DAVID MAY |
5 |
10.00 |
|
W. T. DUER |
3 |
6.00 |
|
A.B. KERR |
5 |
10.00 |
|
JOHN HALE |
5 |
10.00 |
|
HENRY SCOTT |
1 |
2.00 |
|
FRANK DOWELL |
1 |
2.00 |
|
N. ENLOE |
1 |
2.00 |
|
HENRY SHIELDS |
1 |
2.00 |
|
T. C. McKINEY |
2 |
4.00 |
|
S. R. BERRY |
4 |
8.00 |
|
J. W. HAMILTON |
4 |
8.00 |
I have receive & paid out no money since my last
report and that I issued drafts on the Co. Treasurer to each of the above named
Jurors for the amount due them.
Page 470
All of which is respectfully submitted.
J.
M. Benge Clerk
And it appearing to the court that the same is in all
things correct, it is ordered that the same be approved.
Community Est. Monday
September 30th
of ANN & M.
E. INGRAM 1878
Now
on this day comes A. M. INGRAM and
files his bond in the community Estate of himself and his deceased wife M. E. INGRAM for approval 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.
JACK PHALEN Monday
September 30th
vs. 1878
JESSE SHAIN Now
on this day comes the defendant in this cause and moves the court to retax the cost. Ordered by the court that the same be
continued until the next term of this court.
M. J. RICE Monday
September 30th
vs. 1878
JUDD H. Motion
to retax cost. Ordered by the court that this cause
be continued
Ordered that court be adjourned until court in Course.
Read & approved.
T.
C. Goodner
Co.
Judge
Page 471
State of Texas Be it remembered that there was
begun and holden at the court House in the City of
County of Collin McKinney
on Monday Nov. 18th 1878 (it being the 3rd Monday thereof) a regular term of the County court of Collin County
present and presiding T. C. GOODNER
Co. Judge, WILLIAM WARDEN Sheriff and
J. M. BENGE Clerk when the following
proceeding were had to wit.
V. H. ALLEN Monday
November 18th
Admx 1878
M. W. ALLEN Now
on this day comes V. H. ALLEN by
atty. and files her annual report of the condition of the Estate of M. W. ALLEN deceased and it appearing
to the court that notice of the same has been given it is ordered that the same
has been given, it is ordered that the same be approved and recorded & it
appearing that said admx. has paid of her individual
means the sum of 85$ for the benefit of the Estate it is ordered that she be
authorized to deduct that amt. from the money on hand.
SAM R. HAMILTON Monday
November
vs. 18th 1878
Est. THOS.
HARTNESS Now
on this day comes SAM R. HAMILTON
and presents his application to be appointed guardian of the Estate of THOMAS HARTNESS a minor and it
appearing to the court that Notice required by law has been given it is
therefore ordered and decreed that said application be granted and that said SAM R. HAMILTON be appointed guardian
of said THOMAS HARNESS (sic) Estate
upon his filing a bond in the sum of Eight Hundred dollars and taking the Oath
prescribed by law.
Page 472
A.H. WEAVER Monday
November
Extr. 1878
Est. G. R.
MARTIN Now
on this day comes A. H. WEAVER Extr.
of the Estate of G. R. MARTIN dec’d.
and files his annual report of the condition of said Estate, and it appearing
to the court that the same is in all things correct and that notice of the
filing of the same has been given according to law it is ordered that the same
be approved and recorded.
J. M. STIMSON Monday
November
vs. 18th
1878
Est. ROB &
RICHARD STIMSON, minors Now
on this day comes J. M. STIMSON and files
his application to be appointed guardian of the Estates of ROB & RICHARD STIMSON minors and it appearing to the court that
notice of said application has been given as required by law, It is therefore
ordered and decreed that said application be granted and that D. M. STIMSON be appointed guardian of
said minors upon his filing a bond in the sum of six Hundred Dollars and take
[taking] the oath as prescribed by law.
E. F. BROWN Monday
November 18th
vs. 1878
JULIA BURNS a minor Now
on this day came on to be heard the application of E. F. BROWN for letters of guardianship of the Estate & person
of JULIA BURNS a minor over the age
of fourteen years and it appearing to the court that service is complete as
required by law and the said JULIA BURNS
has chosen or selected the said…
Page 473
…E. F. BROWN
as her said guardian, It is therefore ordered adjudged & decreed that said
application be granted & said E. F.
BROWN be appointed guardian of the person & Estate of said JULIA BURNS and that he shall enter
into bond in the sum of four Thousand dollars conditioned as required by law
and take the Oath prescribed by law the statues and return an inventory of said
Estate said bond & oath to be filed on or before the 25 day of November
1878.
JOHN MARTIN Monday
November 18th
admr. 1878
Est. JESSE STIFF dec. Now at this term of court came on to be heard the report for final settlement of