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Probate Minutes - 1876-1879 - Volume A-2
Page 35
…to
be sold on the first Tuesday in the month within legal hours at the Court House
of Collin County after advertising for twenty days prior to day of sale by
written notices in three public places
in Collin County one of which shall be at the Court House door.
Estate
of July
22nd 1876
M. AMANDA HUFFMAN
a
minor In
the matter of sale of land belonging to the said estate.
Comprising
Sixty acres of land in the MICHAEL SEA
Sur. Sufficate (?) in Collin County and more particular described as follows to wit: Beginning at a
stake the S. E. cor. of a 60 acre tract of land set apart [to] CARRIE L. HUFFMAN dec. in the partition of the Estate of JOHN S. HUFFMAN dec. in said MICHAEL SEA Sur. Thence South 14 chains
& 46 lks. a post the N E cor. the M.
REBECCA HUFFMAN tract Thence West 41 chains & 56 lks to a post NW cor.
said tract Thence north 14 chains and 46 lks. a post
the SW cor. said CARRIE HUFFMAN
tract. Thence East 41 chains & 50 lks. a post the
beginning to WILLIAM P. YEARY at
private sale on a credit of six months for the sum of $600.00 Six hundred
dollars and it appearing to the court after inquiring into the manner in which
sale was made that it was further made in compliance with an order of the Hon.
District Court of Collin Court is Dec. Term. A. D. 1875 and in conformity to
law and further that said…
Page
36
…land was sold for a fair price. It is therefore
considered by the Court that said sale be in all things confirmed and the Said JOS. W. BONNIS (?) Guardian as
aforesaid is hereby directed to convey unto said Wm. P. YEARY the said described land in accordance with the terms
of sale and this decree taking the note of the afore said YEARY purchase money with good personal security payable in Collin
Co. and secured by mortgage upon said land.
Est. of
M. REBECCA
HUFFMAN July 22/1876
a Minor Now on this day Came
on to be heart the report of JOS. W.
BAINES (?) Guardian of the estate of M.
REBECCA HUFFMAN, a minor, of the sale of sixty acres of land belonging to
said
Estate situated in MICHAEL SEA Survey in Collin County Beginning at a stake the S. E.
cor. of a 60 acre tract belonging to M.
AMANDA HUFFMAN Thence South Fourteen Chains and forty six lks. a post the N E cor. W.
G. HUFFMAN 64 acre tract in said SEA
Survey. Thence West Forty one chains and fifty links to a post NW cor. said
tract last above
(?) mentioned. Thence North 14 chains and 46 lks. a post the SW cor. Said M. AMANDA HUFFMAN’S tract. Thence East 41 chains
& 50 lks. a post the beginning to Wm. P. YEARY at private sale on a credit of six months for the sum
of Six hundred dollars and it appearing to the court after inquiring into the
manner in which said sale was made, that it was fairly made and in compliance
with an order of the Hon. District Court County of Collin at it Dec. term A. D.
1876 (?) and in conformity to law and further that said land was…
Page 37
…sold for a fair price. It is therefore considered by the Court that
said sale be in all things confirmed and the said JOS. W. BONNIS (?) guardian as aforesaid is hereby directed to
convey unto said WILLIAM P. YEARY
the said described land in accordance with the terms of sale and the decree (?)
taking the note of said YEARY for
the purchase money with good personal security payable in Collin County and
secured by mortgage upon said land.
THOS. H. EMMERSON & BROS.
vs. Saturday
July 22, 1876
D. A. OGLE Now on this day comes the Defent[ant] by his Atty. and moves the Court for a New trial
in the above entitled Cause, and the matters and things being fully understood
by the Court it is ordered that the Motion be ordered to which ruling of the
Court that the Defendant excepts and gives Notice of an appeal to the Court of
Appeals.
R. J. MASS
Guardian Saturday
July 22nd 1876
Est. Minor heir JOHN DANENRE (?) Now on this day this cause is Continued
by operation (?) of heirs (?).
M. L. BRIGHT
Guardian Saturday
July 22nd 1876
Est. THOS.
STIMSON Now
on this day come M. L. BRIGHT…
Page 38
…Guardian of the Estate of THOS. M. STIMSON a minor and files his Bond as said Guardian and if
appears to the Court that the same is Correct it is ordered that the same be
approved & Recorded.
M. L. BRIGHT
Guardian Saturday
July 22 1876
Est. LILLIE E.
STIMSON Now
on this day comes M. L. BRIGHT
Guardian of the Estate of LILLIE E.
STIMSON and files his Bond as Guardian of said Minor and it appearing to
the Court that the Same is Correct it ordered that the same be approved and
Recorded
THOS. J. ESTIS
Guardian Saturday
July 22 1876
Est. SUSAN
ESTIS Now
on this day comes THOS.
J. ESTIS Guardian of the Estate of SUSAN
ESTIS minor and files his Bond as guardian of said minor and it appearing
to the Court that the same is correct it is ordered that the Same
be approved & Recorded.
THOS. J. ESTIS
Guardian Saturday
July 22 1876
Est. JULIA
ESTIS Now
on this day comes THOS.
J. ESTIS Guardian of the JULIA ESTIS
minor and files his Bond as Guardian of said Estate, and it appearing to the
Court that the same is correct it is ordered that the Same
be approved and Recorded.
THOS. J. ESTIS
Guardian Saturday
July 22 1876
Est. of JOHN W.
ESTIS Now on
this day comes THOS.
J. ESTIS Guardian of the Estate of JOHN
W. ESTIS and files his Bond as Guardian and it appearing to the Court that
the same is correct it is ordered that the Same be
approved and Recorded.
Ordered that the court adjourn
until nine o’clock Monday morning.
Page 39
Monday morning nine o’clock court met pursuant to
adjournment officers of the court as on Saturday.
A.. J. ATKINSON
Admr Monday 26 July 76
Estate of H. O. HEDGECOXE decd. This
day came on to be heard the report of A.
J. ATKINSON administrator of said estate reporting sale at private sale for
case the interest of said Estate in the following tract of land situated in
McKinney Collin County, Texas to wit Beginning at SW corner of a lot of land
deeded by BUFORD HENRY and wife to S. M. BENGE on the North side of
Louisiana Street thence South 40 feet Thence east one foot thence south 40 feet
thence west one foot to the beginning and said report being fully examined and
it appearing upon proof to the satisfaction of the court that said sale was
fairly made and for at least the full value of the property to THOS. H. EMERSON & BRO. for the sum
of $83.00 to be applied in satisfaction of balance due on a Judgment of the
District court of Collin County, Texas rendered on 22nd December 1874 in favor
of said THOS. H. EMERSON & SON against
said Estate and it appearing to be to the interest the estate that said sale
should be approved it is ordered that said report of sale be accepted and
approved and that said sale be in all things confirmed and it is further
ordered that the admr. do make a deed for said
property to said purchaser upon their complying with the terms of sale.
JAMES H. STEWART
Admr. Monday July 26/1876
Est. JAMES STEWART decd. Now
on this day came
JAMES M. STEWART administrator of the Estate
of JAMES STEWART decd. and files
his…
Page 40
…Inventory of the Real and personal property belonging
to said Estate. And it appearing to the Court that said Inventory contained the
whole of the property exempted from forced sale and otherwise and that EDITH M. STEWART is a minor daughter
and sole constitual (?) of the family of deceased & residing with him on
the Homestead at the time of his death It is therefore ordered by the Court
that the inventory be approved except the following articles continued in same
which are exempt from force sale, To wit:
The
|
10 head of Hogs |
Part of Stack of oats |
37 Bu. wheat |
|
300 # bacon |
1.2 Horse waggon (sic) |
2 Yearlings |
|
1 cooking stove |
1 set old Harness |
1 two year old (?) |
|
1 Heating stove |
1 old saddle |
1 yearling colt |
|
80 bu. corn |
2 Feather bed |
2 Bed steads |
|
1 Lounge |
1 Dining Table |
1 table |
|
1 Dish safe |
1 Websters Dictionary |
1 Bible and old school book |
Which articles are ordered by the court to be stricken
from the Inventory being exempted property by law and that same be applied as
the property of EDITH M. STEWART a minor.
E. F. ELKIN
Admr. Saturday
July 22nd 1876
Est. W. F. ELKIN Decd. Now
on this day comes on to be heard the Report of E. F. ELKIN Administrator of said Estate for Final Settlement of
said Estate. And it appearing to the Court that due Notice of the same has been
given according to law, and the same has been given according to law, and it
further appearing that no necessity now exists for further Administration on Said
Estate it is ordered and decreed by the Court that said Report be approved and
that said Administration be closed and that Administrator…
Page 41
…be discharged of his trust and it further appearing
to the court that all proper vouchers has (sic) been
filed by said Administrator.
A . J. ATKINSON
Admr. Saturday
July 22nd 1876
Est. H. O.
HEDGCOXE Now on this day
the Administrator of Said Estate has leave to amend his Report of Sale of Real
Estate.
Ordered that Court adjourn
until nine o’clock tomorrow morning.
Tuesday morning nine o’clock met pursuant to
adjournment officers of the court as on yesterday.
T. C. J.
LEBERMAN
vs. Tuesday
July 25/1876
H. C. OVERAKER Now on this day come the parties by their
attorneys and announced themselves ready for trial and no Jury having been
demanded and the matter and things in controversy being submitted to the Court
and the evidence and argument of the counsel having been heard fully understood
It is ordered and adjudged and decreed by the court that the plaintiff T. C. J. LEBERMAN have and recover of
the defendant H. C. OVERAKER the sum
of Sixty-one and 76/100 Dollars with interest at the rate of Eight per cent
from this date and all cost of suit for which let execution issue and 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.
W. L. MORNEY
vs. Tuesday
July 25/1876
T. P. ATKINSON et al Now on this day comes on to be heard the motion of M. L. ATKINSON claimant to quash the
writ…
Page 42
…of attachment issued in the above cause and the
matters and things being fully understood by the court it is considered that
the law is in favor of said M. L.
ATKINSON. It is therefore ordered adjudged and decreed by the court that
said writ of attachment be in all things quashed and that the property levied
upon by virtue of the same be released.
C. RUSSELL &
CO.
vs. July
24/1876
T. F. SKIDMORE Now on this day this cause coming on for
trial the Plffs. and Deft. SKIDMORE
JOHN HALL appeared by atty. and announced ready
for trail but the defendant JOHN HALL
failed to appear but wholly made default. And a Jury not having been demanded
this cause was submitted to the court. The evidence and argument of counsel
being submitted and the matters and things in controversy being fully
understood it is considered by the court that the Plffs. ought to recover. It
is therefore ordered adjudged and decreed by the court that C. RUSSELL & CO. have and recover
of and from the defendant T. F. SKIDMORE
the sum of One Hundred and seventy-five Dollars & 50 cents principal and
the sum of Thirty seven Dollars & 45 cents interest and all cost of suit.
It further appearing that the debt of Plffs. is secured by a mortgage executed
by Deft. SKIDMORE upon the following
described property to wit: One No. 2 self rake (mower & reaper)1875 make,
One span of horses, 1 set harness & one limber (?) wagon and it further
appearing that deft. SKIDMORE is
entitled to have the horses and wagon exempted out of said mortgage and it
further appearing that defendant…
Page 43
…JOHN HALL
is in possession of and has appropriated the set of harness described in said
mortgage and that said harness is worth the sum of $12.50 It is therefore
adjudged and decreed that said mortgage be foreclosed as to the mower and
reaper described therein and that Plffs. have and recover of and from deft. JOHN HALL the sum of Twelve & 50/00
Dollars. That the Clerk of this court issue an order
of sale for said property and execute against deft. HALL for said sum of $12.50.
That Plffs. recover of and from deft. SKIDMORE all cost incurred by reason of his connection hereunto.
For all of which as well as the Judgment therein rendered let execution issue.
It is further ordered that execution issue in favor of the officers of court
against each party for the respective cost by them incurred.
Estate of C. I.
SMITH Minor July
26/1876
Now
on this day come on to be heard the application of J. M. SALMONDS (?) Guardian of the estate of CAMELIA I. SMITH a minor to sell the following described tract of
land belonging to said Estate to wit an undivided interest of 36 1/18 acres of
land in the RICHARD SPARKS survey of
320 acres situated in Collin County and beginning at the NW corner of the said SPARKS 320 acres survey Thence
East 160 poles to the NE corner of said survey Thence South with the E line
thereof 200 poles Thence East 160 poles to the west line thereof Thence North
200 poles to the beginning Containing 200 acres. Also an undivided interest of
1 5/8 acres in the following tract of land ten acres of land conveyed to I. SMITH Deceased by MICHAEL BOYLAND Beginning at the SE
cor. of a…
[No page 44]
Page 45
…of a tract of land containing 64 ¼ acres deeded to MICHAEL BOYLAND by M. W. PULLIAM a post from which a pecan mkd. x brs E 6 ft. N 3 ft.
also a Bro d’arc mkd x brs dr 6 ft. Thence West 400 vrs. a
post from which an ash 35 inches in
diameter brs. N 54 E 5 4/10 vrs. Thence
N 140 vrs. to a post from which a hackberry 15
inches in dia. brs. S 5 E 6 2/10 vrs. Thence E 400 vrs. to the East line
of said survey Thence South140 vrs. to the beginning.
Containing ten (?) acres and it appearing to the court that it is necessary for
said land to be sold for the support and maintenance and education of said
minors, it is therefore ordered adjudged and decreed by the court that said JOHN M. SALMOND guardian as aforesaid
proceed to sell said land on a credit of Six months at private sale taking note
with good personal security and mortgage on land to secure the payment.
J. & A. SUISFIELD (?)
vs. Monday
July 23 1876
FARRIS &
BRYANT Now on this day
the Plaintiffs have leave to complete the
Re____? of
this cause.
To the Hon. T.
C. GOODNER Judge of the
The undersigned clerk of said County Court would
respectfully submit the following report of the names of each Juror who has
served at the present term of this court and the number of day served by each
and the amount due. Also the amount of
money received and disbursed by him at the present term of this court to wit.
Names of Jurors No. Days Served Amt.
Due
Page 46
|
T. C. McKINNEY |
2 days |
4.00 d. |
|
J. T. SCOTT |
2 “ |
4.00 d. |
|
W. P. POLLY |
2” |
4.00 d. |
|
THOS. KENDELL |
2” |
4.00 d. |
|
JOHN HOGAN |
2” |
4.00 d. |
|
JAS. T. HAUN |
2” |
4.00 d. |
And that he has Received from
CHAS. ROBINSON in the case of GRAHAM and HOUGHTON vs. CARR ROBINSON
Et al the sum of Three Dollars the Jury fee in said cause and that he has paid
out the following amount to wit
|
Paid to T. C.
McKINNEY Juror 50 cts. |
|
Paid to J. T.
SCOTT Juror
50 cts. |
|
Paid to W. P.
POLLY Juror
50 cts. |
|
Paid to THOS.
KENDELL Juror
50 cts. |
|
Paid to JOHN
HOGAN Juror
50 cts. |
|
Paid to JAS.
T. HAUN Juror
50 cts. |
All of which is respectively submitted.
J.
M. BENGE Clerk
C.
C. C. Co.
Ordered that the Court adjourn
until nine o’clock Wednesday morning.
Wednesday morning nine o’clock court met pursuant to
adjournment officers same as on yesterday.
H. R. SANFORD
vs. Wednesday July 26/1876
HENRY TARPLEY Now on this day comes the parties
by their attorneys and
announce themselves ready for trial and no Jury…
Page 47
...having been demanded and the matter & things in
controversy being submitted to the Judgment and the evidence in the case and
argument of counsel having been heard and fully understood by the Court gave
Judgment for the defendant it is therefore ordered adjudged and decreed by the
court that the defendant HENRY TARPLEY
go hence without day and that he have and recover of the Plffs W. D. BALDWIN all cost in this behalf
expended for which let execution issue and it is ordered that execution issue
and it is ordered that execution issue in favor of the officers of the court against
each party respectively for the cost by him incurred.
Ordered that the court adjourn
until Saturday morning 9 o’clock.
Court met pursuant to adjournment.
JOHN M. SALMONDS
Guardian
of C. I. SMITH a minor Now
on this day comes said guardian and files
the following report of sale to
wit—
County of Collin July
term A. D.1876
To the Hon. County Court of said County—J. M. SALMONDS guardian of the Estate
of CORNELIA ISABELLA SMITH a minor
respectively represents that in accordance with an order of the Hon. County
Court of said County Court at its present term he has this day sold to J. H. and W. A. MARTIN 36 1/18 acres of land belonging to said Estate
situated in the RICHARD SPARKS sur.
in said Collin County the same being an undivided interest at ($5.00) Five
dollars per acre on a credit of Six months at private sale that said price to
be paid is a full and fair price for said land. The premises considered he asks
that said sale be confirmed and that he be directed to
make deed to said purchasers taking the…
Page 48
…security required by law.
JOHN M. SALMONDS guardian
Est.
CONRELIA ISABELLA SMITH minor
And it appearing to the Court that said sum is a fair
price for said land and that said sale was made in conformity to law It is
therefore ordered by the court that said report be approved and said sale
confirmed and that said guardian be directed to convey to J. H. & W. A. MARTIN the said described land in accordance with
the terms of sale and this decree, taking note of said J. H. & W. A. MARTIN for the purchase money with good personal
security payable in Collin County and secured by mortgage upon said land.
JOHN M. SALMOND Guardian
of Est. M. M. A. SMITH minor Now
on this day comes said guardian said guardian and files the following report of
sale to wit:
County of Collin July
term A. D.1876
JOHN M. SALMONDS Guardian of the Estate of M. M. A. SMITH a minor represents that
in accordance with an order of the Hon. County Court of said County at it
present term he has this day sold to J.
H. and W. A. MARTIN 36 1/18
acres of land belonging to said Estate situated in the RICHARD SPARKS sur. in said Collin County the same being an
undivided interest at ($5.00) Five dollars per acre on a credit of Six months
at private sale that said price to be paid is a full and fair price for said
land. The premises considered he asks that said sale be confirmed and that he
be directed to make deed to said purchasers taking…
Page 49
…the security required by law.
JOHN M. SALMOND guardian
And it appearing to the Court that the said sum is a
fair price for said land and that said sale was made in conformity to law, It
is therefore ordered by the Court that said report be approved and said sale
confirmed and that said guardian directed to convey to J. H. & W. A. MARTIN the said described land in accordance with
the terms of sale and this decree taking the note of said J. H. & W. A. MARTIN for the purchase money with good personal
security payable in Collin County and secured in mortgage upon said land.
BRUNSWICK BALKE
CO.
vs. Wednesday July
22/1876
ALBERT McKINNEY Now on this day comes the plaintiff by
their attorneys and the defendant having failed to appear and answer in this
behalf but wholly made default whereof the said Plaintiff BRUNSWICK BALKE CO. ought to recover against the said ALBERT McKINNEY their damage by
occasion of the promises and it appearing to the court that the cause of action
is liquidated and proven by an
instrument of writing it is ordered that the clerk assess the damages sustained
by the plaintiff and the said clerk now here having assessed the damages
aforesaid at the sum of ninety-Eight & 92/100 Dollars. It is therefore
considered by the Court that the Plaintiff BRUNSWICK
BALKE & CO. do have and recover of the said defendant ALBERT McKINNEY the sum of Ninety Eight
92/100 dollars with interest thereon at the rate of ten per cent per annum from
this date. Together with all cost of suit in this behalf expen-…
Page 50
…ded for which let Execution
issue. And that execution issue against each party respectfully for the cost by
them incurred. And it further appearing to the court that the Defendant ALBERT McKINNEY in order to secure the
payment of the note herein sued on executed and delivered to the Plaintiff BRUSWICK BALKE CO. on the 8th day of
October A. D. 1875 mortgage on the following property to wit: On Non pareil
novelty 4 ½ x 9 carroom Billiard (?) table No. 7511 also one set of Ivory
Billard (sic) bale (?), one dozen cues, one cue rack, one set counters (?), one bridge, one mace and
in fact everything pertaining to said table manufactured by said the JNO. BRUNSWICK BALKE CO. also one Pin
Pool out fit, one monitor lap, one brush (?), one cue cutter. It is therefore
ordered that the mortgage be foreclosed and that the clerk of the court do
issue an order of sale directed to the sheriff of Collin County Commanding him
to sell to the highest bidder for cash after giving ten days notice of the time
and place of said sale by posting in three public places and that he apply the
proceeds of said sale to the satisfaction of said Judgment.
Ordered that Court adjourn
till Court in course.
T. C. GOODNER
Page 51
Be it remembered that the following proceedings were
had in vacation on this 12th day of August 1876 To
wit—
In Re PHILIP
DROMGOOLE Information
in writing having been given to me T. C.
GOODNER
a Lunatic County
Judge of Collin County That PHILIP
DROMGOOLE is a lunatic and that the welfare of himself and others required
that he be placed under restraint.
Therefore on the 12th day of August 1876 caused the said PHILIP DROMGOOLE to be brought before me and twelve good competent Jurors to
be summoned and sworn to inquire and a true verdict vender whether the said DROMGOOLE is of a sound mind or not who
upon hearing the evidence returned the following verdict. We the jury sworn to
inquire whether PHILIP DROMGOOLE is
of sound mind or not find that he is not of sound mind and Recommend that he be
place under restraint.
R. B. CARR Foreman Jury
It is therefore ordered by the court that the said PHILIP DROMGOOLE be sent to the Lunatic
Asylum at
Page 52
In Re JOHN F.
SAUNDERS
A Non compos mentis Thursday
August 24/76
Information
in writing having been given me
GRAFTON WILLIAMS
Foreman
It is therefore ordered by the court the said JOHN F. SAUNDERS be placed under
restraint until information can be had from the superintendant of the Lunatic
Asylum as to whether he can take him in or not. And it further appeared to the
court that the said SAUNDERS has no
parents living and no children except one child of tender years, and that he SAUNDERS is indigent (?) circumstances
and has no estate liable for his support & that he is pronounced curable by
a regular practicing Physician.
August 31st 1876 Now on this
day information having been received from the Superintendant of the Lunatic
Asylum at
Page 53
V. H. ALLEN
Admx. vs. In
Vacation Sept. 4/1876
Est. of M. H. ALLEN Dec.
It
is ordered by the court that O. P.
MALLOW, JOHN OVERDUFF and
JESSE OVERFUFF be
and they are hereby appointed appraisers to appraise the property real and
personal separate and community belonging to the Estate of M. W. ALLEN deceased.
Ex parte H. P.
HORTON
A Lunatic Tuesday September
5th 1876
Information
having been given me
J. T. LARGENT foreman
It is therefore ordered by the court that the said H. P. HORTON be placed under restraint until
information can be had from the superintendant of the Lunatic Asylum as to
whether he can take him in or not.
Page 54
Ex part JENNIE
FITZHUGH Habeas Corpus
by
her next friend Be
it remembered that on this the 11th day of Sept. 1876 the cause came on to be
heard before T. C. GOODER Judge of
the County Court of Collin County in vacation and by argument of counsel it is
ordered it (sic) said JENNIE FITZHUGH
be discharged.
The State of
(being the 3rd Monday thereof) the 3nd regular term of
the Hon. County Court of Collin County for Civil and probate business, present
and presiding Hon. T. C. GOODNER, J. M.
BENGE County Clerk and W. W. MERRITT
Sheriff of Collin County when the following proceedings were had to wit:
Now on this day comes the sheriff of Collin County and
returns into Court a Jury list selected by the Jury commissioners appointed by
the County Judge of Collin County for year 1876 and all of said Jurors selected
by said commissioners having failed to appear and answer all were excused
except J. M. SMITH, A. J. LEWIS and GEORGE W. CANTRELL (?) the court then
ordered the sheriff to summon a sufficient number of good and lawful Jurors
qualified under the law to fill the vacancy who then returned into Court the
following persons who were duly impaneled as Jurors to serve during the first
week of this term of this court to wit.—
Page 55
|
J. M. SMITH |
W. H. WARDEN |
|
A. J. LEWIS |
T. T. BRADLEY |
|
GEORGE W.
CANTRELL (?) |
LESLIE J.
POWELL |
|
H. J. SCRIBNER |
W. R. SHORT |
|
JOHN MAGNER |
T. J. CLOYCE |
|
FRANK DOWELL |
R. K. SWAN |
I. & A. SIESFIELD Monday
Septr. 18 1876
vs. Now
on this day came on to be heard the Defendant JAS. FARRIS’
FARRIS &
BRYANT motion that the
order of the Court made at the July Term 1876
of the Court be entered nunc pro tunc [“now for then”-a phase applied to acts
allowed to done after the time when they should be done, with a retroactive
effect, i. e. with the same effect as if regular done] and it appearing to
the Court that at the last term hereof to wit the July Term 1876 the following
order was made by the Court which the Clerk neglected to enter on the minutes
of said Court to wit:
J. & A.
SIESFIELD
vs. July
Term 1876
FARRIS &
BRYANT Now comes on to
be heard Defendants filed to the Jurisdiction of this Court to try this cause
which being seen and fully understood by this Court it is ordered &
adjudged that the Court has jurisdiction to try this cause and that said filed
be over ruled in all things to which ruling of the Court the Defendants by
their attorney excepts.
It is therefore ordered by this Court that said
judgment stand as though it had been entered at the July Term of this Court.
D. NEWMAN Monday Septr. 18 1876
vs. Now
on this day it is ordered by the Court upon motion of the
J. D. PAGE Plaintiff it is ordered by
the Court that this cause be dismissed from this docket, and that the same be
transferred back to the District Court of Collin County.
Page 56
WHEELER MELICK
& CO.
vs. Monday
Sept. 18/76
HENRY LEE et al Now
on this day plaintiff has leave to amend.
Order that the Court adjourn until tomorrow morning 8
o’clock
Tuesday morning 8 o’clock Court met pursuant [to]
adjournment.
T. T. BRADLY
vs. Tuesday
Sept. 19/1876
H. & T. C. T.
W. Y CO Now on this day comes
on to be heard the above entitled cause
and the jury not have be demanded the case was
submitted to the Judge who after hearing the evidence and argument of the
counsel and the matters and things being fully understood it is ordered,
adjudged and decreed by the court that T.
T. BRADLEY do have and recover of and from the defendant H & T. C. R. W. Y. CO. the sum of fifty dollars together with all
cost in this behalf expended and it appearing to the court that this cause was
appealed from the Justice Court and the Judgment below was for the same amount
it is ordered by the court that the plaintiff have and recover of the defendant
ten percent damages thereon for delay for all of which let execution issue.
M. C. TAYLOR
vs. Tuesday Sept. 19/
1876
S. C. ANDERSON Now on this day this cause was
continued by consent
HENRY BELL &
JON
vs. Tuesday Sept. 19/
1876
LEE &
OGLESBY Now on this day plaintiff have
leave to amend.
MARX &
KEMPNER
vs. Tuesday Sept. 19/
1876
WILSON &
RUSSELL Now on this day this
cause was continued by operation of law
as to the defendant WILSON and for service…
Page 57
..as to Defendant RUSSELL.
G. W. CAMERON
vs. Tuesday
Sept. 19/ 1876
JOHN M. FITZHUGH Now on this day came on to be heard the
application of GEO. W. CAMERON for
the letters of guardianship for the persons and Estates of JOHN M. FITZHUGH, LAURA, ELIZABETH, JENNIE, SALLIE and ALICE
FITZHUGH minors and & the said LAURA
& ELIZABETH appearing in the Court & selected G. W. CAMERON their Guardian. It appearing to the court that due
notice of the same has been given according to law it is ordered that GEO. W. CAMERON be and is hereby
appointed both guardian of the persons and Estates of said minors upon filing a
bond with good and sufficient sureties in the sum of one thousand Dollars each
conditioned according to law.
JOHN W. BERRY
vs. Tuesday
Sept. 19/ 1876
SUSAN BERRY et al Now on this day comes JOHN W. BERRY and prays the court to be
appointed guardian of the estate of SUSAN,
AUTHOR (?), LAURANCE and SARAH BERRY
minors and it appearing to the court that notice hereof has been given
according to law, It is therefore ordered by the court that JOHN W. BERRY be and is hereby
appointed guardian of the Estate of said minors & that Letters issue to him
upon filing a bond with good & sufficient sureties in the sum of two
hundred and fifty Dollars each conditioned as the law requires.
WM. BARKER
vs, Tuesday
Sept. 19/ 1876
A. J. and W. J. M. BARKER Now
on this day comes WM. BARKER and
prays the court to be appointed guardian of the Estate of A. J. and W. J. M. BARKER
minors and it appearing to the court that notice hereof has been given
according to law it is ordered by the…
Page 58
…court that WM.
BARKER be and is hereby appointed guardian of the Estate of said minors
upon his filing a bond with good and sufficient sureties in the sum of fifty
dollars each conditioned as the law directs.
R. J. RIKE
vs. Tuesday
Sept. 19/ 1876
H. P. HORTON a Lunatic Now on this
[day] come(s) R. J. RIKE and prays
the court to be appointed guardian of the estate of H. P. HORTON a Lunatic and it appearing to the court that the
necessary notice hereof has been given according to law it is ordered by the
court that R. A. RIKE be and is
hereby appointed guardian of the estate of said Lunatic H. P. HORTON upon filing a bond with good and sufficient sureties
in the sum of two thousand Dollars conditioned as the law directs.
R. J. MOSS
vs. Tuesday
Sept. 19/ 1876
EST. OF JOHN
DAMONS minor Now on this
day comes on to be heard the annual account of R. J. MOSS guardian of the Estate of minor JOHN DAMONS a minor herein filed and the same being fully
understood by the court it is ordered that the same be in all things approved.
Estate of JOHN DEER Decd.
It
appearing to me T. C. GOODNER County
Judge of Collin County that JOHN DEER
departed this life in said County on the (blank) day of Sept. 1876 leaving an
Estate consisting of a growing crop of corn and cotton and that it is necessary
for the protection and Part (?) of said Estate that an Administrator pro tem be
appointed to take charge thereof. It is ordered by me that W. R. SHORT be appointed Administrator pro tem of said Estate with
authority to present (?)…
Page 59
…farther control and take care of Said Estate and that
he enter into bond in the sum of three Hundred Dollars and take the Oath
required by law. Witness my hand and seal of said Court This Sept. 20
1876.
T. C. GOODNER
Judge Collin Co.,
Ordered that the court adjourn
until tomorrow morning 8 o’clock.
Wednesday morning 8 o’clock court met pursuant to
adjournment.
WM. KOENIG & CO.
vs. Wednesday
September 20/1876
W. L. BOYD Now on this day comes on to
be heard plaintiff motion to strike
out depositions of witness BOWER, which motion being fully
understood by the court was overruled.
H. R. SANDFORD
vs. Wednesday
September 20/ 1876
JOHN GOODWIN Now
on this day comes plaintiff by his attorney and moves the court to dismiss this
cause & matters and things being fully understood by the
court motion was overruled.
[Written in
margin: Receive of W. W. MERRITT Two
Hundred Nineteen & 85/00 ($219.85) on the judgment of HENRY BELL & LOU (?) v. LEE & OGLESBY Dec. 18th 1876. J. M. PEARSON Atty. for
Plff.]
HENRY BELL &
JON
vs. Wednesday
September 20/ 1876
LEE &
OGLESBY Now on this day comes on to be heard the
above entitled cause and plaintiffs announced themselves ready for trial but
defendants came not but wholly made default made (?) from the plaintiffs ought
to have and recover his damages by occasion of the premises and it appearing to
the court that the same is evidence by an instrument in writing it is ordered
that the clerk do assess the damages and the clerk having now here assessed the
damages at the sum of five hundred and…
Page 60
…two Dollars it is therefore ordered adjudged and
decreed by the court that the Plaintiff HENRY
BELL & JON do have and recover of and from the defendant W. M. LEE and L. W. OGLESBY the said sum of five hundred and two Dollars with
interest thereon from this date at the rate of ten percent per annum together
with all cost herein expended for which let execution issue.
GREEWALD & TENISON
vs. Wednesday
September 20/ 1876
BENNENT and ROGERS Now on this day this
cause was continued by opperation (sic) of law.
TENNETT WALKER
& CO.
vs. Wednesday
September 20/ 1876
BALDWIN &
TRAVIS Now on this day
this cause came on trial plaintiffs having announced themselves ready and the
defendant having been called came not but wholly made default it is considered
that the plaintiffs ought to have and
recover their damages by occasion of the premises it is therefore ordered that
the clerk do assess the damages and the Clerk having assessed the damages at
the sum at the sum of Three hundred and sixty six and ninety five cents it is
therefore ordered adjudged and decreed by the court that the plaintiffs TENNETT WALKER & CO. do have and
recover of the defendants P. W. BALDWIN
& J. (?) A. TRAVIS the sum of three hundred and sixty-six dollars with
interest at the rate of 10 per center int. per annum together with all cost
therein expended for all of which let execution.
J. W. YANTIS
vs. Wednesday
September 20/ 1876
C. H. GAGE Now on this day come the
plaintiff and says he will no further prosecute this suit, it is therefore
ordered by the court that the same be dismissed And that the…
Page 61
…officers of the court do have and recover of the
plaintiff all costs herein incurred for which let execution issue.
THOS. H. EMERSON & BRO.
vs. Wednesday
September 20/ 1876
J. F. BUTLER Now on this day this cause
was continued for service.
P. J. VANCE admr.
Est. of DAWL. KLEPPER
vs. Wednesday
September 20/ 1876
JAS. LYN et al Now on this day this cause was
continued for service.
Written across the following entry is: “Received of C.
A. McMILLAN full of the within Judgment this Dec. 16 1879 GEO. A.
Written in margin: Rec’d Nov. 16, 1876 on this Judgment. The sum of $100.00 P. B. Munn (?) att. for Ptff.
Pell (?) Nov. 26 (unreadable), Received of G. A. WILSON the sum of Three Hundred & ten & 32/100 Dollars in
consideration of which I transfer this Judgment to the said Ry (?) J____ &
Muse Atty. of Recd.
GEO. A.
THOS. H. EMERSON & BRO.
vs. Wednesday
September 20/ 1876
C. H. McMILLAN et all Now on this day comes on to be heard the
above entitled cause plaintiffs announced themselves ready for trial and the
defendants having been called came not but wholly made default it is considered
that the plaintiffs THOS. H. EMERSON
& BRO. ought to have and recover their damages by occasion of premises
it is therefore ordered that the Clerk assess the damages and the Clerk having
assessed the damages at the sum of three hundred and forty nine & 48/100
Dollars, it is therefore ordered, adjudged and decreed by the court that the
plaintiffs THOS. H. EMERSON & BRO.
have and recover of the defendants C. H. McMillan, LEWIS (?) McMILLAN and J. L. (unreadable) three hundred and
forty nine and 48/00 Dollars with interest at the rate of 5 % per month from
this date together with all cost herein expended for all of which execution
issue.
THOS. H. EMERSON & BRO.
vs. Wednesday
September 20/ 1876
W. L. MUROMY et
al Now on this day this
was continued for service.
Page 62
Written in top margin: I hereby
transfer Will (?) Hundred dollars of the within
Judgment on WM. M. LEE, L. W. OGLESBY and
J. C. FORMAN to JACKSON BROCK for value received, interest receive on me (?) This
Nov/78
Written in
side margin:
Recd. of W.W. MERRITT
Shff. Three hundred eighty Four and
35/100 Dollar Nov. 8 1876 in this judgment. This
credit should JAMES M. BARROW Pr.
(Unreadable) atty.
Recd. of L. W. OGLESBY
(unreadable) Judgment Eighty eight & 91/00 Dollars Sept 29th 1877.
Recd. of W. W. MERRITT
Shff. Four
hundred and Seventy Eight and 86/100 Dollars on the judgment this Nov. 8th
1876. J. M. BARROW. (unreadable) Barris (?) atty.
This credit
should be on no. 1870
Received payment
in full of this Judgment Nov. 18th 1878
James M.
Barrow
JAMES M. BARROW
No. 1870 vs. Wednesday
September 20/ 1876
WM. M. LEE et al Now on this day this
cause came on for trial and the plaintiffs having announced themselves ready
for trial and the defendants being called but came not but wholly made default
wherefore the plaintiff JAMES M. BARROW
ought to have recover of defendants his damages by occasion of the premises it
is therefore ordered that the clerk do asses the damages and the Clerk having
assessed the damages at the sum of Eleven hundred and fifty-five dollars it is
therefore ordered by the court that the plaintiffs JAMES M. BARROW do have and recover of the defendant WM. M. LEE, L. W. OGLESBY & J. C.
FORMAN the sum of Eleven hundred and fifty five Dollars with interest at
the rate of one and one half per cent
per month from this date together with all cost in this behalf expended
for which let execution issue.
JAMES M. BARROW
No. 1871 vs. Wednesday
September 20/ 1876
WM. M. LEE et al Now on this day come on
to be heard the above entitled cause plaintiff by his attorney announced ready
for trial and defendants having failed to appear and answer in their behalf but
wholly made default, wherefore the said JAMES
M. BARROW ought to have and recover against the defendants Wm. M. LEE, L. W. OGLESBY and W. M. WEAVER his damages by occasion of
the premises it is therefore ordered that the Clerk do assess the damages
sustained by said plaintiff and the said Clerk now having assessed the damages
at the sum of four hundred and seventeen & 97/100 Dollars it is therefore
ordered by the court that the plaintiff JAMES
M. BARROW do have and recover of the defendants Wm. LEE, L. W. OGLESBY and W.
M. WEAVER the sum of four hundred and seventeen & 97/100 Dollars with
interest at the rate of one and one half per cent per month from this date
together with all costs…
Page 63
…herein incurred for all of which let execution issue.
Written in side margin: Recd. of W.W.
MERRITT Shff. One hundred
Seven Nine and (unreadable) Dollars on this judgment Nov. 8th 1876 J. M. Barrow
Pr. J. W. Barrow’s atty. (?) J. W.
BARROW
JAMES M. BARROW
No. 1872 vs. Wednesday
September 20/ 1876
Wm. M. LEE et al Now on this day the
plaintiff by his attorney [announced ready for trial] and the defendants failed
to appear and answer in their behalf
but wholly made default wherefore the plaintiff JAMES M. BARROW ought to have and recover of defendants his damages
by occasion of the premises it is ordered that the clerk do asses the damages
sustained by said plaintiff and the clerk now having assessed the damage at the
sum of two hundred and forty four & 49/100 Dollars it is therefore ordered
by the court that the plaintiffs do have and recover of the defendants L. W. OGLESBY and Wm. M. LEE the sum of two hundred and forty-four & 49/100
Dollars with interest at the rate of one and one half per cent per month from
this date together with all the cost of this suit for the (?) of which let
Execution issue.
Written in margin
1875
J. H. BOWMAN
vs. Wednesday
September 20/ 1876
LEE and OGLESBY Now on this day this cause continued
for service.
JAMES M. GALES
vs. Wednesday
September 20/ 1876
LEE &
OGLESBY Now on this day this cause was continued for
service.
J. P. HUNTER
vs. Wednesday,
September 20/ 1876
ESTES BERRY
& CO. Now on this day this
cause was continued by consent.
Page 64
Written in
margin: 1878
GEORGE W.
SIMPSON
Wm M. LEE Wednesday Sept. 20/ 1876
vs.
J. O. FLACK and Now on this day this
cause was continued for service
MARY A. SIMPSON
N. W. PERKINS
vs. Wednesday
Sept. 20/ 1876
R, H. TAYLOR Now on this day the plaintiff
has leave to amend.
GEORGE CAMERON
vs. Wednesday
Sept. 20/ 1876
JOHN M. FITZHUGH et al Now on this day Wm. WARDEN, J. B. ENGLEMAN and SOL FITZHUGH were appointed the
appraisers of the Estate of JOHN M.
FITZHUGH et al minors and that they were reported (?) to this court
according to Law.
Written in the margin: Recd. balance payment in full of the M. A. GOODWIN claim against A. J. ATKINSON Admr. of the HEDGCOXE
Est. this 20th April 1877. K. R.
Craig…atty.
M. A. GOODWIN
vs. Wednesday
Sept 20/ 1876
Est. H. O. HIDGCOXE decd. Whereas
it appears to the court from the exhibits on file in this court among the
papers of the estate of H. O. HEDGECOXE
decd. that the indebtedness of said Estate for funeral expenses and the
expenses for last sickness have not been paid to wit credit on M. A. GOODWIN $76.00 with interest
thereon at 18% per annum from Nov. 3rd 1874. Creditor ISAAC F. CROCH (?) $115 Int. at l8 per cent per annum from Sept.
30th 1874 Credit Dr. TAYLOR for $73
and it further appearing to the court from the inventory and exhibits on file
in said Estate that the Administrator of said Estate ANDREW J ATKINSON has more than sufficient funds on hand to fully
pay off and discharge all these claims together with the court cost of
administration to the date. It is hereby ordered that the said ANDREW J. ATKINSON administrator as
aforesaid is hereby directed and required to make immediate…
Page 65
…payment of the above mentioned claims.
L. W. OGLESBY
vs. Wednesday
Sept 20/ 1876
GEORGE W. SIMPSON
&
Wm. M. LEE
THOS. H. EMERSON & BRO.
vs Wednesday
Sept 20/1876
J. W. HEARN Now on this day comes the
parties by their attorneys and files the following agree judgment to ina. (?) It is agreed by the attorneys for the plaintiff and
the attorney of the defendant that the plaintiffs shall have and recover of the
defendant the sum of four hundred and seventy two and 94/100 dollars with
interest thereon at the rate of 2 percent per month from the date of this
Judgment together with all cost accrued in this cause. It is also agreed by the
attorneys for the plaintiff and defendants that no execution shall issue on
this cause until the expiration of ninety days from the date of this Judgment.
Jenkins
& Muse
Attys. for Pllffs.
J.
L. Gray
Atty. for J. W. Weaver.
It is therefore ordered by the court that there
plaintiffs THOS. H. EMERSON and T. T. EMERSON do have and recover of
the defendant G. W. WEAVER the sum
of four hundred and seventy two and 94/100 Dollars with interest thereon at the
rate of 2% per month together with all cost of this suit herein 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.
WHEELER MELICK CO. Friday
Sept. Sept. 22/ 1876
vs.
L. B. VENABLE et al Now on this day plaintiff has leave to
amend.
Page 66
Written in the margin: Received of GEORGE W. FITZHUGH the sum of one hundred dollars (unreadable)
settlement (unreadable) This Dec. 19th A. D. 1881.
C. RUSSELL &
CO. Sep. 20th 1876
vs.
GEO. W. FITZHUGH et al Now on this day came on to be
heard Plffs. application to correct the Judgment and return of record at the
last term of this Court: The Plffs. appeared by Attorney and it appearing to
the Court that the Defts. had been duly notified of
said application but wholly made default. And it fore there appearing that at
the last term of this Court to wit on the 17th day of July 1876 Plffs.
recovered a Judgment against Defendants as Jnr. (?) agreement filed; and it
further appearing that said Judgment should have been structured (?) as to bear
interest at the rate of 36 % per annum but that it was erroneously entered up
so as to bear interest at the rate of 10 % per annum. It is therefore
considered and ordered by the court that said Judgment be corrected and entered
up now for the as follows to wit :
RUSSELL &
CO. July 17th 1876
vs.
G. W. FITZHUGH Now
on this day come the parties by their attorneys and file the following
agreement to wit: “ We agree that the Judgment may be
entered in the above cause for the sum of Five Hundred and Twenty One & 85
/100 Dollars and cost of suit. K. R. CRAIG Atty. for Plff.
RICHARD MALTBIE Atty.
for Deft.
It is therefore ordered and adjudged by the court that
Plffs C. RUSSELL, JAS. K. RUSSELL, THOS.
RUSSELL, GEO. D. RUSSELL and ALLEN
R. RAWSON do have and recover of the Defendants GEOR. W. FITZHUGH and DAVID
MAY the sum of Five Hundred and Twenty One & 85/100 Dollars with
interest from this date at the rate of 36 % per annum together with all cost in
this behalf expended for which let execution issue. And that execution issue in
favor of the officers of court against each party respectively for the costs by
them incurred.
BROWN &
BOWELL
noe (?) of
WHEELER MELLICK
& Co. Sep. 22nd 186
vs,
L. B. VENABLE et al
Now
on this day this cause came on for trial and the parties announced themselves
ready for trial…
Page 68
….and the Defts. having demanded a Jury
thereupon came the following Jury to wit R.
K. SWAN foreman and five other good and lawful men, who were elected and
empanelled and sworn who after hearing the evidence argument of counsel and
charges of the court retired to consider their verdict and after mature
deliberation returned into open Court the following verdict to wit: “We the
Jury find for the defendant PERRY
Two Hundred Dollars damages.
P. K. SWAN Foreman
It is therefore ordered adjudged and decreed by the Court
that the Plffs. take nothing by this suit. And that
the Defendant J. H. PERRY have and
recover of and from Plffs. WHEELER MELLICAN & CO. the sum of Two Hundred Dollars with
interest thereon from this date at the rate of 8 % per annum together with all
cost in this behalf expended from which let execution issue. It is further
ordered that Deft. VENABLE have and
recover of and from Peffs. all costs in this behalf
expended from which let execution issue. And that execution issue in favor of
the officers of Court against each part respectively for their cost incurred
herein.
Written in
margin Oct. 30 1876 Received on this judgment forty dollars (unreadable) for J. H. PERRY
Feby.
21 1877 Received on this judgment Fifty Seven & 80/100 (?
) J.H. PERRY
DORMAN HOLMES
& CO.
vs. Sept.
22nd 1876
IRA C. MITCHELL
&
LILY H. MITCHELL Now on this day came on to be head
the above entitled cause and it appearing to the court that the defendants IRA C. MITCHELL and LILY H. MITCHELL husband and wife are
justly indebted to the Plaintiffs DORMAN
HOLMES & CO. in the sum of three hundred & 72/100 Dollars and it
appearing to the Court that the defendant IRA
C. MITCHELL & LILY H. MITCHELL having failed to answer the petition of
the plaintiffs in this cause but wholly made default, it is adjudged ordered
and decreed that R. D. DORMAN, L. W. HOLMES and E. F. REDFIELD comprising the form of DORMAN HOLMES & CO. do have…
Page 69
…and recover of the defendants the sum of Three
hundred and 72/100 Dollars with interest thereon from this date at the rate of
8 per cent per annum until paid and it further appearing to the court that a
writ of sequestration having issued out of the District Court of Collin County
in this cause and said writ was line on in a certain piano worth (?) the sum of
three hundred & fifty dollars the property of the plaintiffs in the
possession of the defendants and the said defendants having replenid (?) said
piano by giving bond as required by law with R. M. GANO (?) and HORACE W.
KING as sureties. Now is it ordered
adjudged and decreed that the said DORMAN
HOMES & CO. do have and recover of said defendants IRA C. MITCHELL and LILY H.
MITCHELL his wife and R. M. GUNE
(?) and HORACE W. KING the sureties
in the said ____? bond jointly and
severally in the sum of three hundred and fifty dollars the value of said Piano
together with all cost of suit for which said sum let execution issue &
that execution issue against party for the cost by the incurred & that
execute in favor of the officers of the court.
W. R. SHORT
vs. Friday
Sept. 22nd1876
W. W. MERRITT Now
on this day this cause was dismissed from this docket and transferred to
District Court.
J. D. NEWSOME
vs.
J. D. PAGE tax collector
City of
Z. E. RAMNEY
vs.
W. W. MERRITT Now
on this day this cause…
Page 70
…was dismissed from this docket and transferred to
District Court.
Written in margin: Recd. on within Judg. $277.35/00 (unreadable) Feb
(?) 17, 1876.
Recd. on the
within Judg. 383.50/00 March 6 1877
Trhockmorton
Brown & Bro
BUEHLER BONBRIGHT
& CO.
vs. Friday
Sept 22nd 1876
LEE and OGLESBY Now on this day comes the plaintiffs
by attorney and announced themselves ready for trial and the defendants being
called but came not but wholly made default it is considered that the
plaintiffs BUEHLER BONBRIGHT & CO.
ought to have and recover their damages by occasion of the premises, it is
ordered that the clerk do assess the damages and the clerk having assessed the
damages at the sum of Six hundred Eighty two & 91/100 Dollars it is therefore ordered adjudged and decreed by the court
that plaintiff BUEHLER BONBRIGHT &
CO. do have and recover from the defendants LEE & OGLESBY the sum of
six hundred and Eighty-two & 91/100 Dollars with interest from this date at rate of 8% per annum for
all of which let execution issue that
execution issue in favor of the officers of the court against each party for
the cost of them incurred.
Written in margin: Rec. on the written jugement (?)the sum of three hundred seventeen & 65/100 dollar Dec 15 1876
Throckmorton Brown & Bro. (unreadable)
BROWN & DOWELL AGTS.
for WHEELER MELICK & CO. Friday
Sept. 22nd 1876
vs.
W. B. SNOOT This day came the plaintiff by
Attorney and it appearing to the Court that the citation issued to the
defendant JACOB H. GRAU and THOS. NEWTON has been returned not
served the plaintiffs says he will no further prosecute the said suit against
said defendants and the said defendant W. B. SMOOT having failed to appear and
answer in this behalf & it appearing to the court that said cause of action
is liquidated 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
here having assessed the damaged aforesaid at the sum of three hundred &
fourteen & 80/100 Dollars with interest at the rate of 10 % per annum from
this ...
Page 71
…date it is therefore ordered by the court that the
plaintiffs WHEELR MELICK & CO.
do have and recover of the defendant W.
B. SMOOT the sum of Three hundred & fourteen & 87/100 Dollars with
ten per cent interest together with all cost of this suit for all of which let
execution issue it is further ordered that Execution issue in favor of the
officers of the court against each party for the cash by them incurred.
F. M. BROCK
vs. Friday
Sept. 22nd 1876
DYE & ROSS Now on this day this cause
was continued on affidavit of Plaintiff.
J. R. O’BRIEN
vs. Friday
Sept. 22nd 1876
JOHN GOODWIN This
day came two parties by their attorney and the plaintiff says 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 of the plaintiff his cost in this behalf expended
and that he have his execution it is further ordered that execution issue in
favor of the officers of the court against each party respectively for the cost
by them in this be half incurred.
There is something written across this following entry
but what is not readable:
Wm. TURNER
Guardian Friday
Sept. 22nd 1876
Est. W. L. SIDWELL
minor Now on this day came on to be hear the application of Wm….
Page 72
…TURNER the
guardian of Wm. SIDWELL a minor of
to sell certain lands mentioned in said application and it appearing to the
court that the notice required by law in such cases had been given and that was
no personally (sic) property belonging to said Estate in the hands of the said
guardian that the sale of said lands was necessary to pay off the claims
against said Estate it is therefore ordered adjudged and decreed and by the
court that said application be granted and that the said Wm. TURNER guardian as aforesaid be and he hereby authorized to sell
said lands at private sale for the best price case in hand and report his
action herein at the next term of this court.
V. H. ALLEN Admrx.
vs.
Est. of MW. ALLEN Now on this day comes V. H. ALLEN admininstratrix of the
Estate of M. W. ALLEN and files an
additional inventory and which appearing to the court to be correct and
according to law is ordered approved & recorded.
MILES GRAVES
vs. Friday
September 22nd 76
Est. LEWIS
GRAVES non compos mentis Now on this day comes MILES
GRAVES Guardian of the Est. of LEWIS
GRAVES non compos mentis and presents his final report of said Estate. And
it appearing to the Court that due notice of the same has been given and
according to law it is therefore ordered and decreed by the court that said
report be approved and that said Guardianship closed and said Guardian be
discharged of his trust upon payment of all Court Cost.
Page 73
Wm. TURNER
Guardian Friday
Est. of Wm. SIDWELL
a minor September
22/76
Now on this day come on to be hear the application of Wm. TURNER guardian of the Estate of Wm. SIDWELL a minor to sell the
following described Land to wit situated in Collin County Texas and first tract
described as follows being a part of a survey of 344 acres of land made in the
name of MARTHA D. HEARN said tract
being the same that was set apart to Wm.
SIDWELL by the Decree of the District Court of Collin Count at is (its?) December
Term 1875 in case of Wm. JOYCE et al
vs. (blank) JOYCE et al and
beginning at the South East corner of lot no. 2 Thence North 22 chains & 60
lins to the NE corner thereof Thence E 4 chs. & 85 lks a post Thence south 22 chs & 60 lks a post Thence West 4 chs. &
85 lks to the beginning containing 11 acres of land 2nd next (?) situated in
same county state and survey and set apart to Wm. SIDWELL by same decree of same court and beginning at the SE
corner of lot No. 8 Thence N 6 chs. & 60 lks the NE corner thereof Thence east 5 chs & 85 lks a post Thence south 6 chs
& 60 lks a post Thence W 5 chs. 85
lks to the beginning containing 3 ¾ acres of land and it appearing to the court
that the notice required by law in such cases had been given and that there was
no personal property belonging to said Estate of Wm. TURNER guardian as aforesaid and that the sale of said land was
necessary to pay off the claims against said Estate it is therefore ordered
adjudged and decreed by the court that said application be granted & that
the said Wm. TURNER guardian as
aforesaid be & is hereby authorized to sell the above mentioned and
described land at private sale for the best price cash in hand and report his
action herein at the next term of this court.
STATE OF
vs. Before
T. C. GOODNER Co. Judge
SAM BECK a lunatic of
This day came the state of
Page 74
came a Jury of 12 good and lawful
men who were sworn to inquire whether the said BECK has any estate or whether there is any person in said county
legally liable for his support and a true verdict to vender who after hearing
the evidence returned the following verdict, to wit:
We the Jury find from the evidence that the property
of SAM BECK amounting to two horses
valued at ninety $90.00 Dollars and seventy acres of land worth $5 per acre
amounting to $350.00. We further find that said BECK lived on said land as a homestead at the time he became insane
and that he has a wife and two minor children living near said land. That there is no one living in this county legally liable for his
support.
T. T. BRADLEY Foreman
It is therefore ordered and decreed by the county
Judge aforesaid that these proceedings be entered upon the minutes of the
county court and that the clerk make out a manuscript a certified copy thereof
to the superintendant of the Lunatic Asylum at Austin.
Estate of PHILIP
DROMGOOLE Friday Sept.
22nd 1876
A
Lunatic Now
on this day comes GEORGE COFFMAN and
prays the court to be appointed guardian of the Estate of PHILIP DROMGOOLE a lunatic and it appearing to the Court that due
notice of
the same has been given according
to law It is therefore ordered by the court that the said GEO. COFFMAN be and is hereby appointed guardian of the Estate of PHILIP DROMGOOLE a lunatic upon his
filing a bond with good and sufficient sureties as the law directs in sum of
$300.00 three hundred dollars and it is further ordered by the court that JOHN COFFMAN, J. S. DYSERT & T. H.
MOUNTS be and is (are?) hereby appointed to appraise the Estate of PHILIP DROMGOOLE and that they make
their report to this court according to Law.
Estate of Friday
September 22nd 1876
W. T. BROWN a Lunatic Now on this day comes ROBERT
WILCOXSON
and prays to court to be
appointed….
Page 75
…guardian of the estate of W. T. BROWN a lunatic and it appearing to the court that due notice
of the same has been given as the law directs it is ordered that ROBERT WILCOXSON be appointed guardian
of the Estate of the said W. T. BROWN a
lunatic upon his giving a bond in the sum of ($300) three hundred Dollars with
good and sufficient sureties conditioned according to law it is further ordered
by the court that THOS H. HERRON , JACOB
MOORE and JOHN HENDRIX be appointed be appraise the Estate of W. T. BROWN a lunatic and that they
make their report to this court.
Ordered that the court adjourn
until tomorrow morning at 8 o’clock.
Saturday morning 8 o’clock court met pursuant to
adjournment.
SELY TAPP
Guardian Saturday
of CLAUDIUS & MARGARET PEGUESS Minors September 23rd
Now on this day come on to be heard the motion of SELY TAPP Guardian of CLAUDIUS & MARGARET E. PEGUESS (PEGUES) minors to complete the
order made at the July Term 1876 of this court entered on Page 28, appearing
& confirming the sale of certain lands sold by said SELY TAPP Guardian of said
minors to J. D. WHITE (?) & W. H.
CHADDICK and it appearing to the court that the Clerk neglected to enter
and complete the order confirming the sale of said lands, It is therefore
ordered by the court that the order confirming said sale be entered nunc pro
tunc to wit and it appearing to the court that the facts set forth in said
report are true, it is ordered by the court that the said sale be and the same
are hereby confirmed and the Guardian SELY
TAPP is hereby directed to Execute and deliver deed to the purchaser of the
land sold to them respectively in accordance with the terms of sale mentioned
in said report.
Page 76
Ordered that court adjourn
until Monday morning 9 o’clock.
Monday morning 9 o’clock court met pursuant to
adjournment.
A. J. MARSHALL
vs. Monday
September 25th 1876
J. L. LOVELADY Now on this day comes guardian
of S. C. MARSHALL, A.
J. MARSHALL and prays the court that JOHN
L. LOVELADY be removed as guardian of S.
C. MARSHALL a minor and the matters and things being fully understood by
the court it is overruled. And now comes JOHN
L. LOVELADY and presents his annual a/c as guardian of SUSAN C. MARSHAL [MARSHALL]
a minor which being fully understood by the court was allowed for ($15.00)
Fifteen Dollars and it is ordered by the court that guardian be authorized to
expend ($50) Fifty Dollars per year or so much as may be necessary for the
support and education of said ward from this date.
JOHN C. EASTON
vs. Monday
September 25/1876
DANL. STIFF Now on this day
this cause is continued by consent.
WHEELER MELICK
& CO.
vs. Monday
September 25th/76
HENRY LEE et
all Now
on this day the cause was continued for service.
RICHARD S. ADAMS
vs. Monday
September 25/76
R. H. BROWN Now on this day
this cause was dismissed for want of prosecution.
T. T. BRADLEY Monday Sept. 25/1876
vs. Now
on this [day] comes the defendant and
H. & T. C.
R. WY CO. moves the court…
Two repeat pages
photocopied apparently by mistake.
Page 77
…to grant them a new trial said motion being
understood by the court it is sustained.
WHEELER MELICK
& CO.
vs. Monday
Sept. 25/1876
L. B. VENABLE Et
al Now on
this day comes the plaintiffs by attorney and moved the court for a new trial
which motion being fully understood by the court was overruled to which ruling
plaintiffs excepts and gives notice of an appeal.
A. MANLY
vs. Monday
September 25/1876
LEE &
OGLESLEY Now
on this day come R.
D. (?) ARMOND (?) an attorney at Law and moves the court for permission to
become surety on plaintiffs cash bond in the above
entitled cause which by the Court is granted.
Ordered that the court adjourn
until Tuesday morning 9 o’clock.
Tuesday morning 9 o’clock court met pursuant to
adjournment.
W. L. MERONY
vs,
Tuesday Sept.26/1876
SANDFORD JORDAN
& DAVIS Now on this day this
cause came on for trial and the parties by their attorneys announced themselves
ready for trial and a Jury having not been demanded the cause was submitted to
the court as well of facts as of law the evidence and argument of the counsel being
heard and the matters and things in controversy being fully understood by the
court it is considered by the…
Page 78
…court that the plaintiffs out to recover. It is
therefore ordered adjudged and decreed by the court that the plaintiffs ELIJAH WILLIAMS and JAMES REASOR do have and recover of the
defendants Wm. STANDFORD, ALFRED JORDAN & JOHN DYERS the sum of
fifty Dollars together with the cost of this suit in their behalf expended for
which let execution issue it is further ordered that execution issue in favor
of the officers of the court against each part respectively for the cost by
them incurred.
Written in
margin: Recd. in the within judgment Five hundred & sixty Five Dollars this
Dec 9th 1876. S. B. M.
FOWLER & SON Pr. J. M. BAINES
(?) Atty.
S. B. M. FOWLER &
CO.
vs. Tuesday
September 26/ 1876
Wm. M. LEE Now on this day
come the plaintiffs by Attorney and announced themselves ready for trial the
Defendant being called came not but wholly made default wherefore the said S. B. M. FOWLER and S. T. FOWLER ought to have and recover
against the said W. M. LEE their
damages sustained by said plaintiffs and the Clerk having assessed the damages
at the sum of six hundred and seventeen & 87/100 Dollars with interest at
the rate of 8 % It is therefore ordered by the court that the Plaintiffs S. B. M. FOWLER and S. T. FOWLER do have and recover of the
defendant W. M. LEE the sum of six
hundred and seventeen & 87/100 Dollars with interest from this date at the
rate of 8% per annum together with all cost herein incurred for all of with Let
execution issue it is further ordered that execution issue in favor of the
officers of the Court against Each party
respectively for the cost by them in this behalf incurred.
Written in
margin: Recd. on the within Judgment from W.
W. MERRITT Sheff. Collin Co. Four hundred Dollar
Dec. 1876. H. P. OGLESBY by L. W.
OGLESBY
H. P. OGLESBY
vs. Tuesday
September 26/1876
W. M. LEE Now on this
day comes the plaintiff by attorney and announces …
Page 79
…ready for trial, defendants being called, came not
but wholly made default wherefore the said H.
P. OGLESBY ought to have and recover their damages from the defendants W. M. LEE & L. W. OGLESBY by
occasion of the premises, it is ordered that the Clerk assessed the damages
sustained by the said plaintiff and the Clerk having assessed the damages at six
hundred and fifteen Dollars. It is therefore ordered by the court that the
plaintiff H. P. OGLESBY do have and
recover of the defendant W. M LEE &
L. W. OGLESBY the sum of six hundred & fifteen Dollars with interest from
this date at the rate of 2% per month together with all cost herein incurred
for all of which let execution issue it is further ordered that Execution issue
in favor of the officers of the Court against each party respectively for the
cost by them in this behalf incurred.
Written in
margin: Rcd. on the within Judgment from W.
W. MERRITT Sheff. Collin Co. Four hundred Dollars Dec.
1876. H. P. OGLESBY by L. W. OGLESBY
N. W. PERKINS
vs. Tuesday
September 20th (sic) 1876
R. H. TAYLOR Now on this day
the defendants moves the court to dismiss this cause from the docket which
motion being understood by the court was overruled to which ruling defendants
excepts.
WILLIAMS &
REASER
vs, Tuesday
September 20 (sic)
STANDFORD DANS. &
Ordered that court adjourn
until tomorrow morning at 9 o’clock.
Wednesday morning 9 o’clock court met pursuant to
adjournment.
Page 80 (written in hand separate from smeared number)
The State of
of the County Court of Collin County would respectively submit
the following report of Jurors who have served at the (sic) present term of
this court the number of days served and the amount due each also the amount of
money received and disbursed by me since my last report viz:
|
Names of Jurors |
no. Days serves |
amt. due |
|
A. J. LEWIS |
4 |
7.50 |
|
A, J, SCRIBNER |
4 |
7.50 |
|
G. W. CANTRELL |
4 |
7.50 |
|
W. A. WARDEN |
4 |
7.50 |
|
FRANK DOWELL |
4 |
7.50 |
|
R. K. SWANN |
5 |
9.50 |
|
T.T. BRADLY |
5 |
9.50 |
|
THOS. J. CLOYD |
5 |
9.50 |
|
W. R. SHORT |
5 |
9.50 |
|
L. J. POWELL |
5 |
9.50 |
|
J. MAGNER |
5 |
9.50 |
|
J. (?) M.
SMITH |
4 |
7.50 |
$102
And that I have collected the following money:
J. R. O’BRIEN
vs. Collected
Jury fee from plaintiff $3.00
WHEELER MELICK
& CO.
WHEELER MELICK
& CO.
vs. Collected Jury fee from defts. $3.00
L. B. VENABLE Total: $6.00
And that I have paid out the following amounts to wit:
|
Paid A. J.
LEWIS Juror |
50 cts. |
|
“ A.
J. SCRIBNER “ |
50 cts. |
|
“ G.
W. CANTRELL “ |
50 cts. |
|
“ W.
A. WARDEN “ |
50 cts. |
|
“ R.
K. SWAN “ |
50 cts. |
Page 81
|
Paid T. T.
BRADLY Juror |
50 cts. |
|
“ THOS.
J. CLOYD “ |
50 cts. |
|
“ W.
R. SHORT “ |
50 cts. |
|
“ L.
J. POWELL “ |
50 cts. |
|
“ I./J.
M. SMITH “ |
50 cts. |
|
“ JOHN
MAGNER “ |
50 cts. |
|
“ FRANK
DOWELL “ |
50 cts. |
|
|
$6.00 |
All of which is respectfully submitted
.
J. M. BENGE Clerk
Co.
Clerk Collin Co.
W. L. MERONEY
vs. Tuesday
September 26/ 1876
T. P. ATKINSON Now on this day this
cause was dismissed for want of prosecution copy on for trial & the Ptff.
failure to appear & prosecute his 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 of the plaintiff his cost in this
behalf expended and that he have his execution. It is further ordered that
execution issue in favor of the officers of the court against each party
respectively for the cost by them in this behalf incurred.
RICHARD S. ADAMS
vs. Tuesday
September 26/76
R. H. BROWN Now on this day this cause
coming on for trial & the Plff. failing to appear & prosecute his suit
was dismissed from the docket for want of prosecution. 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 of the
plaintiff his cost in this behalf expended and that he have his execution. It
is further ordered that execution issue in favor of the officers of the court
against each party respectively for the cost by him in this behalf incurred.
Page 82
WM. BARKER
Guardian
A. J. [line drawn thru] & W. J. M. BARKER of A. J.
[line draw thru] and W. J. M. BARKER
minors which appearing to the court in all things correct was ordered approved
and recorded.
WM. BARKER
Guardian
Est. A. J.
BARKER a minor Now on this day comes Wm.
BARKER and files his bond as guardian of the Est. of A. J. BARKER a minor which appearing to the court to be correct it
was approved and recorded.
JOHN W. BERRY
Guardian
Est. of SARAH
BERRY Now
on this day comes JOHN W. BERRY and
files his bond as guardian of the Estate of SARAH BERRY a minor which appearing to the court to be in all
things correct was ordered approved and recorded.
JOHN W. BERRY
Guardian
Est. AUTHER
BERRY Now
on this day comes JOHN W. BERRY and
files his bond as guardian of the Estate of ARTHER BERRY a minor which appearing to the court to be in all
things correct was ordered approved and recorded.
Page 83
JOHN W. BERRY
Guardian
Est. of LAWRENCE
BERRY Now
on this day comes JOHN W. BERRY and
files his bond as guardian of the Estate of LAWRENCE BERRY a minor which appearing to the court to be in all
things correct was ordered approved and recorded.
Ordered that court adjourn
until Saturday morning 9 o’clock.
Saturday morning 9 o’clock met pursuant to
adjournment.
STATE OF
vs. Saturday
September 30/76
W. L. BROWN a Lunatic Before
T. C. GOODNER Co. Judge of Collin
County this day came the state of Texas by T.
D. PERKINS County Attorney of Collin County and thereupon came a Jury of 12
good and lawful men who were sworn to inquire whether the said W. L. BROWN has any estate or whether
there is any person in said county legally liable for his support and a true
verdict to vender who after hearing the evidence returned the following verdict
to wit:
“We the Jury find that W. L. BROWN has no one responsible for his support in the County
and the amount paid and responsible for by the County already Exceeds the property owned by said W. L. BROWN.”
J. C. SHORTWELL
Foreman
It is therefore ordered and decreed by the County
Judged aforesaid that the proceedings be entered upon the minutes of the County
Court and that the Clerk make out and transmit a certified copy thereof to the
Superintendent …
Page 84
…of the Lunatic Asylum at
Ordered that the Court adjourn
until Court in Course.
T. C. GOODNER
State of
Saturday October 21st 76
L. W. OGLESBY
vs.
Wm. M. LEE & G. W. SIMPSON Saturday
Oct. 21st 76
Admrs. Est. MARY S. SIMPSON Dec.
Now
on the day comes L. W. OGLESBY and
prays the court to be released from the bond of W. M. LEE and G. W. SIMPSON
administrators of the Estate of MARY S.
SIMPSON dec. and it appearing to the court that the said SIMPSON and LEE have had due notice of the same, It is therefore ordered and
decreed by the Court that the said OGLESBY
be released from the aforesaid bond and that W. M. LEE and G. W. SIMPSON
be required to enter into a new bond by the 28th day of October 1876.
Wednesday November 1st 1876
Community Estate
of R. B. CARR
and MARY A. CARR Decd. Ordered by the County Judge in
Vacation that SAM COX, G. R. YANTIS
and W. N. BUSH be appointed
appraisers of the Community Estate of R.
B. CARR and his deceased wife MARY
A. CARR.
Tuesday
November 7th 1876
Community Est. R.
B. CARR and MARY A. CARR…
Page 85
…Deceased,
Now
on this day comes R. B. CARR and
files an Inventory of the Community Estate of himself and MARGARET (sic) CARR Deceased, 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 that the Said R.
B. CARR enter into Bond with good and Sufficient Surety in the Sum of Three
Thousand One hundred and fifty five Dollars Conditioned according to law.
Ex parte R. B.
CARR
Community Tuesday
Novr. 7th 1876
MARY A. CARR
Now
on this day comes R. B. CARR and
files his bond in the Community Est. of himself and Deceased Wife MARY A. CARR in the sum of Three
Thousand One hundred and fifty five Dollars, with R. M. BOUND & E. WHITLEY as Sureties and it appearing to the
Court that Said bond is good, and Sufficient, it is order[ed] that the Same be
approved and Recorded.
Ex parte R. M.
JUSTICE
Community Nov. 12th 1876
Est. of W. T. JUSTICE Decd. Now
on this day it is ordered by the
T. C. GOODNER