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Probate Minutes - 1876-1879 - Volume A-2
Page 1
County Court
Collin
State of
And holden at the Court House in
the City of
[in margin is written No. 1689]
GRAHAM & HIGHTOW[ER]?
vs. Now comes Defendant and
demands
a Jury in the trial
CARR ROBINSON ESTAT[E] of
this Cause grade (?) & trial Set for
the 1st
Thursday---
[in margin is written 1525]
GEORGE WHITE
vs. Monday July 17th
1876
W. A. HEARN Now
comes the Plaintiff and Says he
Will no further prosecute his suit it is therefore
considered by the court that the Plaintiff
take nothing and that the Defendant go hence without day and
that he have receive of the Plaintiff
the cost in this behalf expended. It is further ordered that
executive issue in favor of the officers of Court against each party respectively
for the Court by them in the behalf expended.
[written in margin
1685]
JOHN C. EASTON
vs. Monday July 1876
DAVID STIFF Now on
this day this cause
is continued by the Plaintiff.
[written in margin No.
(?) 1772]
SAHLINE SINGER &
CO.
v.
Monday
July 17, 1876
A. CROZIER & CO. This
day comes into Parties by their Attorney and the….
Page 2
Defendant with aranos (?) the answer by him heretofore filed
and Says nothing in bar of the Plaintiff action wherefore the said SAHLINE SINGER & CO. ought to
receive against the said A. CROZIER
& CO., L. W. OGLESBY & WM. M. LEE their damages by occasion of
the Promises and it appearing to the Court that the Course of action is legitimate
and provided (proven?) by an instrument of writing It is ordered that the clerk
of this Court do assess the damages Sustained by said Plaintiffs and the Said
Clerk now here having assessed the damages of said at the sum of Three Hundred
& Seventy Three Dollars & Fifteen cents. It is therefore considered by
the Court that the said Plaintiffs SHALINE
SINGER & CO. shall and recover of the said Defendants A. CROZIER, L. W. OGLESBY & WM. M. LEE the Sum of Three Hundred,
and Seventy Three Dollars & fifteen cents with Interest at Eight per cent
per annum together with all cost in this behalf expended for which let
execution issue And it further appearing to the Court that the said Plaintiffs SAHLINE SINGER & CO. as Principal and ESTES
& BARNEY as (unreadable) entered into Bond in this Cause as the law
required in the Sum of Twenty five Dollars that the plaintiff would pay the
least of this suit. It is therefore ordered by the Court that execution issue
in favor of the officers of Court against each of said parties respectively for
the Cost of them in this behalf expended.
[written in margin is
1780]
WHEELER MELOCK &
CO. July 17, 1876
vs.
HENRY LEE Et al Now on this day this cause
is continued for service.
[written in margin is 1787]
LEE & OGLESBY Monday
July 17, 1876
vs.
S. H. RECTOR Now comes the Plaintiff and say
that they will no further
Prosecute this suit. It is therefore considered by the…
Page 3
County Court Collin County…July Term 1876
…Court that the Plaintiffs take nothing by their suit and
that the Defendant go hence without day and that he have and recover of the
Plaintiffs 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 Court
against each part respectively for the Cost by him in this behalf incurred.
CHARLES THORP
vs. Monday, July 17, 1876
C. N. ABBOTT
Now
on this day Comes the Plaintiff and Says that he will no further prosecute this
suit. It is therefore considered by the court that the plaintiff take nothing
by this suit and that the Defendant go hence without day and that he have and
recover [nothing] from and of the Plaintiff his cost in his behalf---expended
and that he have his Execution and it is further ordered that Execution issue
in favor of the officers of Court against each party respectively for the Cost
by him in this behalf incurred.
JOHN D. PARK
vs. Monday July 17, 1876
WATTON (?) & TRAVIS Now
on this day comes the Plaintiff by their Attorney and the Defendant with drams
(?) the answer by him heretofore filed and says nothing in bar of the Plaintiff
action whenfore the said Plaintiff JOHN
D. PARK ought to recover against the said PETE WATTON (MATTON?) and J.
A. T. TRAVIS his damages by occasion of the Promises and it appearing to
the Court that the Pause (?) of action is legitimate and proven by an
instrument of writing. It is ordered that the Clerk of this Court do assess the
damages Sustained by said Plff. And the Said Clerk now here having assessed…
Page 4
…the damages aforesaid at the Sum of Two (?) Hundred and
forty Dollars and one cent, and It is therefore considered by the Court that
the said JOHN D. PARK do have and
recover of Said Defendant PETER WALLON [MALLON] and J. A. P. TRAVIS the sum of Two Hundred
& forty Dollars & one cent, with Interest at the rate of 10—percent per
annum together with all cost in the behalf expended for which let execution
issue. And it is further ordered by the Court that execution issue against each
party respectively for the cost by them incurred in this cause.
[Written in margin:
Record Aug 6th of W. C. GRAVES
(?) two hundred and thirty one 35/100 dollars in full of this judgment. R.
DeARMOND atty. for plaintiff.]
[Written in margin:
1740]
THROCKMORTON &
BROWN(?)
vs. Monday,
July 17, 1876
Wm. M. RICE Now
on this day come the Plaintiff and Say they will no further
Prosecute this suit. It is therefore consider(ed) by the
Court that the Plaintiff take nothing by their Suit and that the Defendant go
hence without day and that he have and recover of the Defendant 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 Court against each part
respectively for the cost by them in this behalf expended.
[Written in margin:
1756]
C. RUSSELL &c
vs. Monday,
July 17, 1876
G. W. FITZHUGH Et al Now on this day come the parties by their
Attorneys and file the following agree Judgment To wit “We agree that
Judgment May be entered against the
Defendants in the above cause for the Sum of Five Hundred & Twenty one
& 85/100 Dollars and cost of suit.
K. R. CRAIG for Plffs.
RICHARD MATTBIE
Atty
for Defts.
It is therefore ordered by the Court that the Ptffs. C. RUSSELL, JOE RUSSELL, THOS. RUSSELL,
GEO. L. RUSSELL and ARLIN (?) R.
RAMSON do have and recover of the Defendants G. W. FITZHUGH, DAVID MAY & R. P….
Page 5
County Court Collin
McDOWELL (this last name marked out) the said
Sum of Five Hundred and twenty one Dollars and Eighty five cents with 10 per
cent Interest per annum, from this date together with all cost here (?)
expended from which let execution issue. And it is further ordered by the Court
that Execution issue against each party respectively for the Cost by them
incurred in this Cause.
[Written in margin: 1776]
THROCKMORTON BROWN & BRO.
vs. Monday,
July 17, 1876
M. R. CLARK et al Now on this day come
the parties and file the following
agree[ment] by and between the parties Pltts. & Defts.
that the above entitled cause be dismissed & Pltiff. payable cost. THROCKMORTON BROWN & BRO.
R. C. CLARK
M. R. CLARK
A. C. CLARK
It is therefore ordered by the Court that the Defendants
have and Recover of the Plaintiff THROCKMORTON
BROWN & BRO. all cost by them in this behalf expended for which let
Execution issue and it is further ordered by the Court that Execution of said
parties respectively for the Cost by them incurred in this cause.
LONG & ALLSTATTER
(?)
vs. Monday,
July 17, 1876
W. C. GROVER (?) Now
on this day comes the Pltff. by his Attorney and the Defendant having failed to
appear and answered in his (?) behalf but wholly (?) made default, wherefore
the said LONG & ALLSTATTER (?) ought to recover against
the said W. D. GROVER (?)
their---damages by occasion of the promises and it appearing to the Court that
the cause of action is legitimate and proved by an instrument of writing it is…
Page 6
…that the Clerk as issued the damages Sustained by Said
Plaintiffs and the said Clerk no__ here (?) having assessed the damages
aforesaid at the Sum of Two Hundred and Ten Dollars & Eighty five cents. It
is herefore considered by the Court that the Plaintiffs JOHN LONG and Wm. ALLSTATTER do have and recover of the
said Defendant W. C. GROVER the sum
of Two Hundred & Ten Dollars & Eighty five cents with Interest there at
the rate of 10 per cent per annum from this date together with his cost in this
behalf expenses and that he have his Execution. 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.
J. P. HUNTER
vs. Monday, July
17, 1876
ESTES BERRY &c Now on this day come the Plaintiff by his attorney
and Sugests (suggests?) the Death of G.
T. (?) BERRY one of the Defendants, and the Pltff. has leave to amend his
Petition.
THOMAS H. EMMERON &
BRO.
vs. Monday,
July 17, 1876
A. CROZIER &c Now on this day come the Parties
by their Attorneys and the Defendants with draws (?) the answer by him
heretofore filed ands says Nothing in bar of the Plaintiff’s action wherefore
the said THOMAS H. EMMERSON & BRO.
a Banking Farm Confosicer (?) of THOS.
H. EMMERSON & T. F. (?) EMMERSON
ought to recover against the said Defendants A. CROZIER, JOHN CROZIER, B. F. MATHEWS & B. S. SHELBOURN their damages by occasion of the
promises and it appearing to the Court that the cause of action if legitimate and
proven by an instrument of writing it is ordered that the Clerk do assess the
damages sustained by said Plaintiff and the said Clerk now have (?) having
assessed the damages of said (?) at the Sum of One Thousand & Sixty Six
Dollars & Sixty Two (?)…
[Written in margin:
Paid by Ogleby’s note $605.43 Six hundred & 43/00 Oct. 5 1877. Thos. H.
Emmerson]
Page 7
County Court Collin
…Cents. It is therefore considered by the Court that the
said Plaintiff THOMAS H. EMMERSON
& T. T. EMMERSON do have and received of the Said defendants A. CROZIER, JOHN CROZIER, B. F. MATHEWS &
B. S. SHELBOURN the sum of one
Thousand and Sixty Six Dollars & Sixty two cents with Interest at the rate
of 5 per month from this date together with cost of suit in this behalf
expended and that they have their Execution. And
that Execution issue in favor of the officers of Court against each party
respectively for the cost of them in this behalf incurrence.
[Written in margin:
fifty (?) dollars to us paid. We receive (?) This Judgment and receipt payment
in five (?) This 29 Day of Oct 1877. Thos. H. Emmerson.]
[Written in margin:
1718]
A. CROZIER Etc.
vs. Monday, July
17, 1876
F. W. DUNAWAY Now on
this day the Parties by their Attorneys and, the Defendants (unreadable) draws
the answer heretofore filed by him and says nothing in bar of the plaintiff
action wherefore the said Plaintiff afirno (a firm?) composed of A. CROZIER, W. M. LEE and L. W. OGLESBY oglet (?) to recover
against the defendant F. W. DUNAWAY
their damages of the occasion of the said plaintiff do have and recover of the
said defendants the sum of Two Hundred and Seventy Dollars with Interest
thereon at the rate of 12 per cent per annum together with all cost in this
behalf expended and that they have their Execution. It is further ordered that
Execution issue in favor of the officers of Court against each party
respectively for Costs by their incurrence and it appearing to the Court that a
writ of attachment heretofore issued in this Cause was on the 6th
day of May A. D. 1875 by the Sheriff of McLennan County levied afar the following
described property of the Defendants, a tract or parcel of land situated in
McLennan County, Texas in the N W Corner of 8 League of 11 Leagues lying West
of Brazos River.
Beginning at the N W Cor. Of said 8 Leagues of land a
Monnied (?) with a glass Bottle buried within…
Page 8
…are the N W Side and near the old
Ordered that the Court adjourn until tomorrow morning 8
o’clock.
Tuesday morning July 18, 1876 Court met pursuant to
adjournment, officers of court as were (?) yesterday.
[Written in margin:
1738]
WM. FOREMAN
vs. Tuesday, July
28, 1876
F. W. FURGURSON Now
on this day comes the Plaintiff by his Attorney and Say that he will no further
prosecute this suit. It is therefore considered by the court that the Plaintiff
take nothing by his suit and that the Defendant go hence without day and that
he have and recover from the Plaintiff his cost in this suit expenses and that
he have his Execution. And that Execution issue in favor of the officers of
Court against each of said parties respectively for the Court by them
incurrence.
[Written in
margin:1785]
C. RUSSELL &c
vs. Tuesday, July
28, 1876
T. T. SKIDMORE Now
on this day comes the Pltff. has leave to amend his petition.
Page 9
County Court Collin
[Written in margin: 1844]
RICHARD A. ADAMS
vs. Tuesday, July 28,
1876
R. H. BROWN Now
on this day the Plaintiff has leave to amend his Petition & this cause
continnce (continence?) by Plaintiff.
SARAH GALLUP minor
vs. Tuesday, July 28,
1876
GEO. W. GALLUP Now
on this day comes on to be heard the above entitled cause and it appearing to
the court that the defendant GEO W.
GALLUP had accepted service on the original petition and agreed in writing
that the same be partitioned and divided as prayed for in the petition it is
therefore ordered adjudged and accrued by the court that the land described in
plaintiff’s petition to wit a part of the J.
H. GOUGH Head Right Survey situated in Collin County on the waters of
Rowletts Creek and beginning at the stake in south line of said survey and the
corner of piece of land conveyed by J.
H. & SARA GOUGH to W. M. GOUGH Thence North 80º W 260
poles a stake. Thence North 76º E 61 82 poles a stake in Bank of Creek. Thence
up creek with its encumbers to a stake in the W line of sur. 4- poles the N W
cor. of said sur. and cor. of 26 acres tract deeded by J. H. and S. GOUGH to A. B. GOUGH Thence South with East line
280 poles to the S W cor. Thence E 64 12/100 poles the beginning containing one
hundred and three acres also another tract in said sur. Beginning A. B. GOUGH’S S. E. cor. a stake from
which a Spanish oak mked. x brs. N 85 ½ º W 2 96/100 poles Thence north 26
poles to a stake in north line of said sur. Thence East with said W Line 32
20/100 poles a stake the half mile cor. sur. Thence South 45 56/100 poles to
creek. Thence with…
Page 10
…meanders of creek to the beginning be portioned and divided
between plaintiff and defendant setting apart to said plaintiff SARAH GALLUP three fourths of the same
considering quality and value of the same and one fourth of the said land be
set apart to defendant GEOGE W. GALLUP
considering quality and value of the same and that T. B. WILSON, J. M. MARSHALL, C. M. CRISTIE & E. T. ELKIN be and are hereby appointed
commissioners to partition and divide the same and make their report to the
present term of this court.
Ordered that the Court adjourn until Tomorrow morning 8
O’clock.
Wednesday morning 8 o’clock Court met pursuant to
adjournment present officers of court as
on yesterday.
NATHANIEL W. PERKINS
vs. Wednesday,
July 18, 1876
R. H. TAYLOR Now
on this day the Pltff. has permission to amend his Petition.
WHEALER WHELOCK &c
vs. Wednesday,
July 19,[sic]1876
L. B. VENIBLE (?) Et al Now on this day this cause is continued for
service
WHEELER MELLICK &c
vs. Wednesday,
July 19, [sic]1876
W. B. SMOOT Et al Now on this day the Plaintiff has leave
to amend his petition and continued for service, on JACOB H. GR____?
ORR and LINDSAY
vs. Wednesday,
July 19, [sic] 1876
W. M. LEE & L. W. OGLESBY Now
on this day comes the Plaintiffs by their attorneys and the Defendants…
Page 11
County Court Collin
…having failed to appear and answer in this cause but wholly
made at (?) fault wherefore the said ORR
& LINDSAY a firm composed of
Wm. C. ORR and DECURAY (?) B. LINDSAY ought to recover against the said Wm. M. LEE and L. W. OGLESBY their damages by occasion of the promises and it
appearing to the court that the cause of action is legitimate and proved by an
instrument of writing it is ordered that the clerk assess the damages sustained
by said plaintiffs and the said Clerk non here (?) having assessed the damages
aforesaid at the sum of Six Hundred & Eighty Three & (unreadable)
Dollars it is therefore considered by the Court that the said Plaintiff do have
and recover of the said defendants W. M.
LEE and L. W. OGLESBY the Sum of Six Hundred & Thirty Three & 88/00
Dollars with Interest at 15 per cent from this date--- together with all cost
in this behalf expended and that they have their Execution. It is further
ordered that Execution issue in favor of the officers of Court against each
party respectively by their in this behalf incurrence.
E. D. ELKIN
Admr.
Now
on this day comes on to be heard
Est. W. F. ELKIN the notion of Pltff. to allow
the sheriff to announce his Return on Notice of Final settlement of sale Estate
which motion is granted by the court.
MARKS & KEMPUR
vs. Wednesday, July 19,
1876
WILSON & RUSSELL Now
on this day this cause is continued for service
THOS. H. EMMERSON Wednesday,
July 19, 1876
vs. Now on this day the
Deft. has leave to amend his answer.
D. A. OGLE
Page 12
W. R. DUNCAN
vs. Wednesday,
July 19, 1876
H. H. SHOEMAKER Now
on this day comes the Plaintiff by his Attorney and, the Defendant having
failed to appear and answer in this behalf but wholly made default wherefore
the said W. R. DUNCAN ought to
recover against the said H. H. SHOEMAKER
his damages by occasion of the promises and it appearing to the Court that the
cause of action if legitimate and proven by an instrument of writing it is
ordered that the Clerk do assess the damages sustained by said plaintiff W. R. DUNCAN and the said Clerk non
here (?) having assessed the damages aforesaid at the sum of Three Hundred
& Sixty Three & 33/100 Dollars, it is therefore considered by the Court
that the said plaintiff do have and recover of the said Defendant H. H. SHOEMAKER the Sum of Three
Hundred & Sixty Thee & 33/100 Dollars with Interest at the rate of 10
per cent per annum from this date 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 Court against each party respectively for the
Cost be them in this behalf incurred.
M. A. GOODWIN
vs. Wednesday,
July 19, 1876
Estate of H.
O’HEAGECOXE Now on this
day the Plaintiff has leave to amend petition.
Estate of
W. A. DOAK Now on this day comes on (?) is be heard the R. MURCHISON (?) to be appointed
Administrator of the Estate of W. A.
DOAK Deceased and said application being fully understood by the Court it
is ordered by the Court that letters of Administration issue to him And…
Page 13
County Court Collin
…that he enters into Bond with good and Sufficient Security
in the Sum of Six Hundred Dollars Conditioned according to law.
Estate of W. D. DOAK
Decd. Wednesday, July 19,
1876
Now
on this day comes R. MURCHISON (?)
and files his Bond as Administrator of the Estate of W. D. DOAK Deceased, in the sum of Six Hundred Dollars, and it
appearing to the Court that [is?] correct, it is ordered that the same be
approved, and recorded.
Wednesday,
July 19, 1876
Estate of JAMES
STEWART
Now
on this day comes J. M. STEWART and
prays the Court for the appointment as Administrator of the Estate of JAMES STEWART Deceased, and said
application being fully understood by the Court it is ordered that Letters of
Administration issued to him and that he enter into Bond with good and
Sufficient Sureties in the Sum of Two Thousand Dollars Conditioned according to
law.
Estate of JAMES
STEWART
Now
on this day comes J. M. STEWART
Administrator of the Estate of JAMES
STEWART Decd. and files his Bond as Administrator of said Estate in the sum
of Two Thousand Dollars, and it appearing to the Court that the same is in all
things correct it is ordered that the same be approved & Recorded.
JAMES M. STEWART
vs. Wednesday,
July 19, 1879
Estate EDITH M.
STEWART Now on this day
comes on to be heard the application of JAMES
M. STEWART for the appointment as Guardian of the Estate of EDITH M. STEWART a minor and it
appearing to the Court that due Notice of the…
Page 14
…It is ordered that he be appointed Guardian of said minor
and that he enter into Bond, in the sum of Sixteen Hundred Dollars, with good
and Sufficient Sureties conditioned according to law.
Estate of STEPHEN DUPEY
Minor
Now
on this day comes GEORGE W. COFFMAN,
and prays the Court to be appointed Guardian of the Estate of STEPHEN DUPEY a minor, and it appearing
to the Court that due Notice of the same has been given, it is ordered that the
prayer be granted and that the said G.
W. COFFMAN enter into Bond in the sum of Fourteen Hundred Dollars with one
or more good and Sufficient Sureties conditioned according to law.
Estate of HENRY O.
HEDGCOXE decd.
Now
on this day came on to be heard the report of the administrator of the said
estate A. J. ATKINSON, showing the
condition of said Estate and reporting sale of a mule belonging thereto at
private sale for cash and praying for the purposes of paying the debts of said
Estate an order to sell at private sale and for cash all the personal property
of said estate and one undivided half of a certain foot (?) of land belonging
thereto situated in the City of McKinney Collin County Texas and described as
follows to wit Beginning at the SW corner of a lot of land divided by BUFORD HENRY & wife to S. M. BENGE on the north side of
Louisiana Street thence north 40 feet Thence east one foot thence south 40 ft.
Thence east one foot thence south 40 feet thence west one foot to the place of
beginning and also for an order to sell on a credit of six months a certain
tract of 320 acres in Young County Texas the property of said Estate and it
appearing to the sat-…
Page 15
County Court Collin
…isfaction of the Court that all parties legally interested
in said Estate have been duly served with notice thereof and said matters and
things being considered and examined by the court it is ordered that said
report be approved & the sale of mule appearing to have been for the full
value said sale is confirmed, it is further ordered that the administrator for
the purposes of paying the debts of said Estate do sell at private sale and for
cash the personal property, and interest of said Estate in above described one
foot of land also that he sell the above refered [referred?] to tract of land
in Young County on a credit of Six months, advertisement of sale of said land in
Young County, to be upon due advertisement in Young & Collin Counties and
the sale to be made at the door of the Court house in McKinney Collin County.
R. T. FOSTER
vs. Wednesday,
July 19, 1876
JNO. ROTTAN & B. W. RHINE This
day came the plaintiff by his attorney’s and the defendant having failed to
appear answer in this cause but wholly made default and no Jury being demanded
by the parties the Court proceeded to hear the evidence in said cause and after
hearing heard (sic) evidence the court assessed the damages of the plaintiff at
the sum of two hundred & forty two 11/100 Dollars it is therefore ordered
adjudged by the court that the plaintiff have and record of the defendants the
sum of two hundred & forty two 11/100 Dollars with interest thereon at the
rate of 8 per cent per annum from the date of this Judgment together with his
cost in this behalf expended &…
Page 16
…that he have his execution in favor of the officers of the
court against each party respectively for the costs by him in this behalf in
assessed.
I. & A. SEISFELD
vs. Wednesday,
July 19/1876
FARIS & BRYANT Now on this day this
cause came on for trial and the parties not having demanded a Jury it was
submitted to the Court whereupon came the parties by their attorneys except the
deft C. W. BRYANT who failed to
appear and answer but wholly made default and announced themselves ready for
trial. The pleadings of the parties plaintiffs & Defts., the evidence and
agreement of cause being heard and fully understood by the Court it is considered by the
Court that the Pltffs. ought to recover
Judgment against defts. Whereupon it is ordered adjudged and decreed that the
Judgment heretofore entered in this cause to wit a Judgment rendered by the
District Court of Collin County on the 1st day of August A. D. 1874
in form of Plffs. I. & A. SEISFELD and against defts. JAMES FARIS and J. W. BRYANT be wholly vacated and set aside. That all proceedings
under and by virtue of said Judgment to wit the sale made by the Sheriff of
Collin County by virtue of the execution issued upon said Judgment out of the
district court aforesaid & the sheriff’s return thereon be annulled &
set aside. That
Page 17
County Court Collin
…interest and ale (?) cost in this behalf expended [unreadable]
with the sum of twelve dollars heretofore paid on the execution aforesaid for
which let execution issue.
It is further ordered that execution issue – in favor of the
officers of court against each part respectively for the cost by them incurred.
Estate of CHANDLER
& McDONALD
Now
on this day came on to be heard the application of the heirs of THOMAS CHANDLER decd. for the
distribution of the Estate belonging to the said CHANDLER and the Court after hearing the evidence ordered and
declared the property of said decedent be distributed as follows to wit, that
said estate be divided into seven shares, that one seventh or one share be set
apart to MARY F. THOMPSON and ARCH THOMPSON her husband. JULIA CHAMBERS and her husband TAYLOR CHAMBERS, FULLER CHAMBERS, LITHE CHAMBERS and MRS. MARTHA MASON and her husband (blank) MASON, one share or one seventh to L. J. CARUTH and her
Page 18
…decreed by the court that said report be approved and that
upon filing by the administrator aforesaid with the clerk of this court proper
voucher from the parties here in before mentioned as the distributes of said THOMAS CHAMBERS that said
administration be closed and that said administrator be discharged of his trust
and now said vouchers having been filed it is therefore ordered adjudged and
decreed by the court that administration be closed and that said administrator
be discharged of the trust.
Estate of HENRY O.
HEDGCOXE deceased
This
day came on to be heard the report of A.
J. ATKINSON administrator of said estate of the sale of the following
described tract of land the property of said estate situated in the city of
McKinney Collin Co. Texas and described and bounded as follows part lot No. 52
in Block No. 7 as they are known & described in the plot of said city
Beginning at the SE of said lot no. 52 in said Block No. 7 thence north 40 feet
its NE corner thence West 16 7/12 feet a stake in the north boundary line of
said lot thence south 40 feet a stake in the south boundary line of said lot
thence east with said line 16 7/12 feet to the place of beginning, said
sale reported to have been made by said
administrator at the Court House door in the City of McKinney on the first
Tuesday in May 1876 within the hours prescribed by law and after legal
advertisement thereof. Said sale made to pay a balance of Judgment in District
Court of Collin County Texas rendered on 22 Dec 1874 in favor of the plaintiff
in the case of THOS. H. EMERSON &
BRO. vs. S. C….
Page 19
County Court Collin
…ANDERSON et al
in which case said Estate was a party defendant and that Said THOS. H. EMERSON & BRO. being the
highest and best bidder at said sale and became the purchaser thereof for the
sum of $300 (?) which amount is to stand as a credit upon the said judgment and
it appearing to the satisfaction of the court that said sale was in all
respects legally and fairly make it is ordered that said report be accepted and approved and said sale
confirmed and it is further ordered that the administrator do execute and
deliver a deed for said land to the said purchaser THOS. H. EMERSON & BRO. upon their complying with their bid by
entry of a credit upon said Judgment for the amount of purchase money aforesaid
as of date of said sale.
Friday
July 21st 1876
Estate CLAUDUS
(?) and MARGARET E. PEGUES minors
This
day came on to be heard the application of SELY
TAPP guardian of the persons and Estate of CLAUDUS and MARGARET E.
PEGUES to sell the following described land to wit an undivided one half
interest in two tracts situated in Collin County first tract containing 86 33/
acres filed notes of which as follows. Part of a survey of 471 acres of land on
the waters of Rowlet’s Creek made for GEO.
H. PEGUES by virtue of his Peters Colony Headright certificate. Beginning
at the North East corner of MARY SCOTT
640 acres survey Thence North 16 chains to the north line of the ISAAC HERRING’S Headright survey thence
East with said line fifty three chains and Eighty seven links to the NE corner
of said 471 acre survey. Thence south with the east line thereof 16 chains
thence west fifty three chains &…
Page 20
…87 lks. to the beginning. Second tract as follows, situated
in the same county and state on the waters of Muddy and being part of a survey
made in the name of the heirs of L. K.
PEGUES. Beginning at the NW corner of said survey Thence East 7 chs. And
fifty lks. to a post from which a Boris d’arc marked x brs. South 7 º W 30 lks. Thence South 53 chains to the
south line of said survey to a post from which an Elm marked x brs. North 51 ½
º East 12 lks. another Elm mks. X brs. North 25 º West 28 lks. Thence West
seven chns. & fifty lks. to East line of said survey. Thence North 53
chains to the place of beginning. The object being to remove the proceeds of
said land when sold to Madison County State of Illinois, the Residence of said SELY TAPP and her Wards and it
appearing to the court that due notice has been given of said guardian’s
application to sell and that a similar provisions exist in the law of the state
of Illinois in favor of guardians and wards residing in other states permitting
and providing for the removal of property thereupon it is ordered and directed
by the court that SELY TAPP guardian
as aforesaid proceed to sell the interest of said minors in said above
described tract of land at private sale one half for cash the remainder on 6
months time and when sold to report the same to this court for it further
orders and decrees in the premises.
Ex parte
H. M. MARKHAM
Now on this day comes H. M.
MARKHAM and files an inventory of the Community Property of himself and
Deceased Wife and it appearing to the Court that said Inventory is made in
accordance with law, it is ordered that the same be approved.
Page 21
County Court Collin
Exparte MARTHA (?) E.
DUPEY Wednesday, July 19, 1876
Now
on this day comes MARTHA E. DUPEY
and files Inventory of the Community Property of herself and deceased Husband
and it appearing to the Court that the same is correct and in accordance with
law, it is ordered that the same be approved and recorded, and she enter into
bond with good and sufficient sureties in the sum of Four Hundred and seventy
Dollars conditioned according to law. And the said MARTHA E. DUPEY having now filed said Bond, and it appearing to the
court that the same is correct it is ordered that the same be approved and
Recorded.
THOMAS J. ESTES
vs.
Estate of SUSAN JULIA
and Wednesday, July 19, 1876
JOHN W. ESTES Minors Now on this day comes THOMAS J. ESTES and prays the Court for the appointment as guardian
of the Person and Estate of SUSAN JULIA
& JOHN W. ESTES Minors and it appearing
to the Court that due Notice of the same has been given according to law, it is
ordered that the said THOMAS J. ESTES
be appointed Guardian of said Minors and that Letters of Guardianship issue to
him upon his filing Bond with good and sufficient Sureties in the sum of One
thousand Dollars for each Ward conditioned according to law.
Ordered that the Court adjourn until Tomorrow morning 8 o’clock.
Thursday Morning 8 o’clock court met pursuant to
adjournment, officer of court as in yesterday.
ANN (?) INGRAM
vs. Thursday July 12,
1876
G. T. ARMSTRONG Now
on this day this cause is continued by consent.
Page 22
Z. E. RANNEY
vs. Thursday,
July 20, 1876
W. W. MERRETT (?) Now on this day this cause is
continued by consent.
J. D. NEWSOME
vs. Thursday, July 20, 1876
J. D. PAGE Now on this day this cause is
continued by consent.
J. R. O’BRIEN
vs. Thursday, July 20, 1876
UNION MILL CO. Now on this day this cause is
continued by defendant.
F. M. HUNN
vs. Thursday,
July 20, 1876
JOHN HALL Now
on this day this cause is continued by consent.
J. T. BRADLEY
vs. Thursday, July
20, 1876
HOUSTON & T. C. R.
W. CO. Now on this day this cause is
continued by Defendant.
F. M. HUNN
vs. Thursday,
July 20, 1876
JOHN HALL Now
on this day this cause is continued by consent.
J. T. BRADLEY
vs. Thursday,
July 20, 1876
HOUSTON & T. C. R.
W. CO. Now on this day this cause is
continued by consent.
M. A. TAYLOR
vs. Thursday,
July 20, 1876
S. C. ANDERSON Now
on this day this cause is continued by consent.
HOWELL & ESTES
vs. Thursday,
July 20, 1876
R. H. PARKER Now
on this day this cause is continued by the Defendant.
JOHN P. HUNTER
vs. Thursday,
July 20, 1876
ESTES BERING (?) & CO. Now on this day this cause is continued by Ptff.
Page 23
County Court Collin
[Written in margin:
1855]
THOMAS H. EMERSON &
BRO.
vs. Thursday,
July 20, 1876
D. A. OGLE Now
on this day the above entitled cause came on to be heard and both parties
appearing by their attorneys and announced themselves ready for trial and no
jury being demanded the Court proceeded to try the cause and after hearing the
evidence in said cause and the agreement of counsel gave judgment for the
plaintiffs for the sum of forty Dollars as their damages in said cause and the
further sum of fifteen Dollars as reasonable attorneys fees in the case and it
appearing to the court that this case was an appeal to this court from the
justice court of Precinct No. (blank) Collin County Texas and it further
appearing that the Judgment rendered by this Court was for a greater amount
than that rendered in the
Page 24
[Written in margin: 1689]
GRAHAM & HOUGHTON
vs. Thursday,
July 20/1876
CARR ROBINSON et al Now on this day came the plffs. & defts by
their attorneys and announced themselves ready for trail and the defts. having
demanded a Jury, there upon came a Jury of good & lawfull (sic) men to wit T. C. McKINNEY and five others who were
duly empaneled (sic) charged and sworned (sic) well and truly to try the issue
between the parties and after hearing the evidence argument of the counsel
& charge of the court retired to consider their verdict and after mature
deliberation returned into court the following verdict, We the Jury find for
the defendant—T. C. McKINNEY,
Foreman.
It is therefore considered by the court that the Defendants D. CARR, C. ROBINSON & R. MURCHINSON
go without day & that they recover of the plaintiffs GRAHAM & HOUGHTON all cost in this behalf expended for which
let execution issue. It is further ordered by the court that Execution issue in
favor of the officers of the court against each party respectively for the cost
by them in this behalf incurred.
J. & A. SEISFIELD
vs. Thursday,
July 18, 1876
FARIS & BRYANT Now
on this day comes the…
County Court Collin
Page 25
…Parties by their Attorney on to be heard the Defts. Motion
to strike out Plaintiff Demurr (sic) and the argument of the counsel then (?)
being heard it is the opinion of the Court that the law for the Plaintiff and
that said Motion be annulled, to which writing (?) of the Court the writing (?)
the Defts. excepts.
J. &. A. SEISFIELD
vs. Thursday,
July 18, 1876
FARIS & BRYANT Now
on this day comes on to be heard the Defendants [unreadable] motion for a New
(?) trial in the above entitle cause, which motion being fully understood by
the Court it is overruled to which ruling of the Court the Defendant FARIS excepts and gives Notices of an
appeal to the Court of Appeals.
H. R. SANFORD
vs. MARKED OUT
JOHN GOODWIN
R. M. BOND
vs. Monday,
July 27 (?), 1876
R. H. PARKER Now
on this day the parties by their attorneys and the defendants withdraws his
answer heretofore filed by him and says nothing in bar of the plaintiff action
whereof the said Plaintiff R. M. BOND
ought to recover against the Deft. R. H.
PARKER his damages by the occasion of the premises it is therefore
considered…
Page 26
…by the court that the said Plaintiff do have and recover of
the said Defendant the sum of Two Hundred and Eleven & 82/100 Dollars with
interest there on at the rate of ten per cent per annum from date of this
Judgment together with all cost in this behalf expended and that he have his
execution. It is further ordered by the court that execution issue in favor of
the officers of the court against each party respectively for the cost by him
incurred. And it appearing to the court that the defft. R. H. PARKER in order to secure the payment of the note here sued
on executed and delivered to the plaintiff R.
M. BOND on the 4th day May 1875 a mortgage on the following
personal property to wit One Dun Horse mule 7 years old 15 ½ hands high branded
O on the left shoulder. One Black mare mule 7 years old Branded RHP on left
shoulder, one black Black (sic) Horse mule 4 yrs. old Branded RHP on left
shoulder. It is therefore adjudged by the court that said mortgage be
foreclosed and that the clerk of this court do issue an order of sale directed
to the sheriff of Collin county commanding him to sell the above described
property or so much thereof as may be sufficient for the satisfaction of Judgment
rendered in the Court and it further appearing to the court that the writ of
sequestration issued in above cause on the 11 day of Jan. (?) 1876 and was by
the sheriff on the 13th day of January executed by seizing and
taking into his possession the following described property to wit on Black…
Page 27
County Court Collin
…mare mule 6 years old, 15 ½ hands high, branded on the left
shoulder, One bay mare mule about 7 years old branded on the left shoulder RHP
and on the 13 day of January 1876 R. H.
PARKER as principle and SALLIE
PARKER and G. W. SIMPSON as
sureties entered into bond in the sum of two Hundred and fifty Dollars to
[unreadable] said property, it is therefore ordered adjudged and decreed by the
court that plaintiff R. M. BOND have
and recover of the said R. H. PARKER
and SALLIE PARKER & G. W. SIMPSON sureties on said bond the
sum of One hundred and twenty five dollars the value of said property as
assessed by the sheriff W. W. MERRIT
in the re_____ bond. And that he have his execution.
ALEX BERRY
Admr. De Bonis Non Friday
July 21/1876
Est. D. WETSEL
Decd. On this day come the
administrator and reports a contract of sale made under a former order of the
district court, with JOHN H. BATES
for 320 acres of land the Headright survey of said D. WETSEL deceased at the price of ($6.75) Six 75/00 Dollars per
acre cash in lawfull (sic) currency on the execution of the deed and the court
after having heard oral testimony in this case of a [unreadable] duly sworn
before it being satisfied that said sale is made for a fair price. It is
ordered that the same be approved and confirmed and that said administrator be
ordered to make title to said purchaser according to law on his payment of the
purchase money as above stipulated.
Page 28
SELY TAPP Guardian
Estate of
CLAUDIUS & MARGARET
E. PEGUES Friday, July 21/76
Minor Now
comes SELY TAPP Guardian of CLAUDIUS & MARGARET E. PEGUES and makes the following report of [unreadable]
of land heretofore directed by an order of this court at it present term to
wit. She has sold to J. C. WHITE one
hundred half cash and remainder on Six months time the one half interest owned
by her wards in the following described two tracts of land to wit, situate—in
Collin County, Beginning at the NE Corner of the G. H. PEGUES 401 (?) acre tract Thence west on the North from dary
(?) line of said survey 25 chs. To the NE Corner of 46 3/10 acres sold to W.
H. CHADDICK a bois d’arc stake thence south 16 chs. Chaddick’s SE Corner
Thence East 25 Chs. to the East boundary line of the said Pegues survey Thence
North with the East boundary line then of 16 chs. to the beginning containing
40 acres more or less at ten dollars per acre. Also situated in same County and
state being part of a 114 acre tract surveyed in the name of the heirs of L. R. PEGUES Beginning at the NW Corner
of said survey Thence East 7 chs. and 50 lks. to a post from a bois d’arc mkd.
X brs. S 24 e 4 LKS and another bois d’arc mkd. X brs S 71 W 30 lks Thence
South 53 chains to the S line of said Survey to a post from which an Elm mkd x
brs n 51 ½ E 12 lks another Elm mkd x brs N 25 W 38 lks. thence West 7 chs.
& 50 lks to East line of said survey. Thence North 53 chains to the place
of beginning containing 38 acres sold at five Dollars per acre whole amount
sold to while as the interest of said minors amounting to two hundred and
ninety-five…
[Scrap of Paper]
And it appearing to the court that the facts set forth in
said report are true it is ordered by the court that said sale be and the same
are hereby confirmed and the Guardian SELY
TAPP is hereby directed to execute and deliver deeds to the purchasers for
the land Sold to them respectively in accordance with the terms of Sale
mentioned in Said report.
Page 29
County Court Collin
…dollars, sold to W.
H. CHADDWICK on same terms the following described land to wit situate[ed]
in Collin County, Beginning at the NE Corner of the MARY SCOTT survey Thence North 16 chains to the N boundary line of
the G. H. PEGUES survey of 471 acres
Thence East on said North boundary line 28 chs 87 lks. Thence South 16 chs. a stake
Thence West 28 chs. 87 lks to the beginning containing 46 3/10 acres more or
less sold at $10.00 ten Dollars per acre making amount due said minors for
their interest in said 46 3/10 acres two hundred and thirty-one 50/100 Dollars.
Reporter represents that these sales have been fairly made and for a price and
asks that said sales be confirmed and reporter ordered to make title to the
purchasers upon their compliance with the terms of the sale.
J. M. TUCKER
Admr. Friday,
July 21, 1876
Est. of H. H. TUCKER Now on this day came on to be heard
the application of J. M. TUCKER
admr. of the Estate of H. H. TUCKER
for the approval of the compromise entered into by and between himself and J. L. McMILLON of a suit pending in
District Court of Denton Co. No. 911 where as J. M. TUCKER decd. is plaintiff and said J. L. McMILLON is deft. for 240 acres of land out of HENRY TUCKER survey in said county and
also for an order to pay to said McMILLON
the sum of $930.00 gold or its equalant (equivalent?) in currency, received and
used by H. H. TUCKER in his lifetime,
and cost (?) of said lawsuit and taxes paid by said McMILLON…
Page 30
…on said land which being fully understood by the court it
[is] ordered adjudged and decreed by the court that said compromise be in all
things approved and confirmed and said J.
M. TUCKER admr. be and is hereby authorized and ordered to pay said McMILLON the sum of $930.00 with
interest at 8
% from date of payment to his intestate upon condition that said McMILLON shall first deliver to him as
admr. De Bonis Non of heirs TUCKER
decd. the bond for title Executed by his intestate H. H. TUCKER decd. and recovery (?) to him said admr. the aforesaid
land.
M. A. GOODWIN
vs. Friday, July 21, 1876
Est. H. O. HEDGECOXE Now on this day the Deft. has leave to
amend his Answer.
M. (?) L. BRIGHT
vs. Friday, July 21, 1876
Est. T. (?) & L.
E. STIMSON Now on this
day comes M. L. BRIGHT and prays the
Court to be appointed Guardian of the Estate of THOMAS M. STIMSON and LILLIE
E. STIMSON minors and it appearing to the court that due Notice has been
given according to law, it is ordered that Said M. L. BRIGHT be appointed Guardian of said Minors THOS. M. & LILLIE E. STIMSON and that he enter into Bond in the sum of Four
Hundred Dollars for each of said Wards, with good and Sufficient Sureties
conditioned according to law.
Page 31
V. H. AELINE (?)
Admrx. Friday, July 21, 1876
Est. M. W. AELINE
(?) Now on this day comes the
Admrx. of said Estate and moves the Court to grant her leave to file addition
Inventory which was granted.
JOHN COX
Admr. July 21, 1876
Est. S. J. STIMPSON Now on this day comes JOHN COX Administrator of the Estate of
S. J. STIMPSON and files his
additional Inventory of said Estate ordered by the Court that the same be
approved and Recorded.
LUCY ANN JACKSON
Guardian Friday, July 21,
1876
Est. HENRY P. LONG
Minor Now this day comes LUCY ANN JACKSON Guardian of the Estate
of HENRY P. LONG and files a New
Bond and it appearing to the Court that said Bond is in accordance with law it
is ordered that the same be approved & Recorded.
Ordered that the court adjourn until nine o’clock tomorrow
morning.
Saturday morning nine o’clock court met pursuant to
adjournment officers of court as on yesterday.
SARA GALLUP
Pr J. I. C. GOUGH July 22nd 1876
Pro chem. anni (?)
Now on this day came following report on to be heard of T. B. WILSON, F. M.
GEO.
Page 32
to wit [map not
reproduce here of J. H. GOUGH SURVEY and divisions thereof]
SARAH GALLUP To
the Hon. T. C. GOODNER Judge of the
County
vs. We the undersigned
commissioners appointed at the present term of your honors
GEO.
Page 33
…which a double Spanish oak 10 x 16 in[ches] in dia[meter]
mkd. [marked] x brs. N 30º W 5 lks. [links] Thence S 39/100 chs. [chains] to a
stake on the N. Bank of Rowlett’s Creek. Thence up the same with the meanders
thereof to the beginning containing in the aggregate 59 ½ acres valued at
$1000.00. To GEO.
Recapitulation
SARAH GALLUP gets
59 ½ acres valued $1000.00
GEO. W.
Total
value $1333.33
And for further description reference is made to the
(unreadable) all of which is respectfully submitted, signed this July the 22nd
1876.
T.
B. WILSON
F.
M. MARSHALL COMMISSIONERS
E.
F. ELKINS
Sworn to and subscribed before me this July 22nd
1876.
J.
M. Benge Clk.
And it appearing to the court that the partition of said
land was fairly made by said commissioners in conformity to the order of this
court at its present term. It is therefore ordered, adjourned…
Page 34
& decreed that said report be in all things confirmed
and is hereby the Judgment of this court and the titles to the property that is
set apart to each party in the above report respectively be vested in said
party as shown by said report and the title to the said property as is set
apart to each be directed out of the other and vested in the party-set apart to
and said Pltff. to pay ¾ cost and defft.1/4 cost for which let execution issue.
Estate of CARRIE
HUFFMAN July
22/1876
Minor W. A. HUFFMAN Guardian
Now
on this day came on to be heard the application of W. A. HUFFMAN guardian of the Estate of CARRIE HUFFMAN minor for the sale of the following described tract
of land to wit, 60 acres of land off the MICHAEL LEE survey situated in Collin
County. Beginning at the N
E cor. of the MICHAEL LEE survey a bois d’arc stake from which an Elm 10 in
dia. Mkd X brs S 45º E 40 lks Thence S 14 chs & 46 lks a stake Thence W 41
chs & 50 lks a stake Thence N 15 chs and
E 40 lks Thence S 14 chs & 46 lks a stake Thence W 41 chs & 50
lks a stake Thence N 15 chs and 6 lks a stake on the N line of the said LEE
survey Thence E 71 chs & 50 lks to the beginning. And it appearing to the
court that it is necessary for said land to be sold for the support, maintained
and education of said minor it is therefore ordered adjudged and decreed by the
court that W. A. HUFFMAN guardian as
aforesaid proceed to sell said land at public or private sale on a credit of
Six months taking note with good personal security and mortgage on land to
secure payment and if sold at public outcry the same.