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

 

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…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.

 

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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…

 

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…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 Homestead of 66 2/3 acres of land in Collin Co. out of ZACHARIAH ROBERTS survey valued at Fifteen dollars at acre.

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…

 

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…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…

 

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…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…

 

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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]

 

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…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 County County Collin County.

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. Texas

 

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…

 

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...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—

State of Texas County Court

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…

 

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…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:

 

State of Texas County Court

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…

 

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…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-…

 

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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

Co. Judge

 

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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 Austin to be restrained, treated and cared for as provided by Law. It further appeared to the Court that the said DROMGOOLE is a single man having no family or father, that his mother is in indigent circumstances and wholly unable to provide for his support and that his Estate consisting of any undivided interest of a small growing crop not worth exceeding one hundred Dollars. It is further ordered that the Clerk of the County Court make out a certified Copy of this order and of the Evidence taken down on the trial under seal of this court and forward the same by mail to the superintendent of the Lunatic Asylum at Austin Texas.

 

Page 52

 

In Re JOHN F. SAUNDERS

A Non compos mentis Thursday August 24/76

Information in writing having been given me T. C. GOODNER County Judge of Collin County that JOHN F. SAUNDERS is a non compos mentis and that the welfare of himself and others required that he be placed under restraint. I therefore on the 24th day of August 1876 caused the said JOHN T. SAUNDERS to be brought before me and twelve good and competent Jurors to be summoned and sworn to inquire and a true verdict vender whether the said SAUNDERS [is] of a sound mind or not who upon hearing the evidence returned the following verdict. We the Jury believe JOHN SAUNDERS to be of unsound mind and recommend that he be placed under restraint.

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 Austin that he will take said SAUNDERS into said Institution. It is therefore ordered by the Court that the said SAUNDERS be conveyed forthwith to said Institution by the Sheriff of Collin County or his authorized Deputy to be there treated as provided by law, and that the clerk of the County Court make out certified copy of testimony addressed on the trail and of all (unreadable) in this case to be sent to the said superintendent.

 

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 T. C. GOODNER County Judge of Collin County that H. P. HORTON is a lunatic and that the welfare of himself and others require that he be placed under restraint. I therefore caused the said H. P. HORTON to be brought before [me] and twelve good and competent Jurors to be summoned and sworn according to law and a true verdict to vender who upon hearing the evidence returned the following verdict: We the Jury find H. P. HORTON to be of unsound mind probably curable that it is necessary that he be place under asylum restraint for the good of himself and to prevent him from doing harm to others. That there is no person in the county of Collin legally liable for his support and that he has an Estate of the value of between 700 & $1200.

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 MISSOURI CAMERN (?)

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 Texas Be it remembered that there was begun and holden at the Court House

Collin County in the City of McKinney on Monday the 18th day of September A. D. 1876

(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…

 

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..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…

 

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…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 (?)…

 

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…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., Texas

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…

 

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…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…

 

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…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. WILSON.

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. WILSON Oct. 11th 1877 THOS. H. EMERSON & BROS.

 

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.

 

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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…

 

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…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.

 

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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…

 

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…payment of the above mentioned claims.

 

L. W. OGLESBY

vs. Wednesday Sept 20/ 1876

GEORGE W. SIMPSON &

Wm. M. 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.

 

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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…

 

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….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…

 

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…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 McKinney Now on this day this cause was dismissed from this docket and transferred to District Court.

 

Z. E. RAMNEY

vs.

W. W. MERRITT Now on this day this cause…

 

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…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 ...

 

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…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.

 

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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 TEXAS

vs. Before T. C. GOODNER Co. Judge

SAM BECK a lunatic of Collin County

This day came the state of Texas by T. D. PERKINS county attorney of Collin County and therefore…

 

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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. & JORDAN Now on this day defendants moves the court for a new trial and the motion being fully understood by the court it was granted.

 

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 Texas

Collin County To the Hon. T. C. GOODNER County Judge Collin County. The Undersigned Clerk

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. Texas

 

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 TEXAS

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 Austin.

 

Ordered that the Court adjourn until Court in Course.

T. C. GOODNER

Co. Judge

 

State of Texas Be it remembered that the following

County of Collin proceedings were had in vacation

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 County Judge in vacation that W. C. PONIT (?), H. ROBERTSON and WASH BOWEN be appointed appraisers of the community Estate of R. M. JUSTICE and her deceased husband.

T. C. GOODNER

Co. Judge

 

 

 





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Sue Patterson