Probate Minutes - 1876-1879 - Volume A-2


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State of Texas Be it remembered that there was begun and holden in the City of McKinney on

County of Collin Monday Nov. 20th 1876 a regular term of the County Court of Collin County for the transaction of civil & probate business –present and presiding T. C. GOODNER County Judge, W. W. MERRITT Sherriff and J. M. BENGE Clerk when the following proceedings were had to wit:

 

W. R. SHORT

adm. Monday Nov. 20th 1876

Est. JOHN DEER Decd. Now on this day comes W. R. SHORT and prays the court to be appointed administrator of the estate of JOHN DEER deceased and it appearing to the court that due notice of the same has been given according to law it is ordered that the prayer be granted upon his giving a bond with good and sufficient sureties in the sum of two Hundred Dollars conditioned according to law & that Letters issue to him on filing said bond & taking the oath prescribed by law.

 

W. R. SHORT

adm. Monday Nov. 20th 76

Est. JOHN DEER Decd. Now on this day T. P. BRADLEY, ALEX INGRAM and WM. BAGLEY were appointed by the court to appraise the property belonging to the Estate of JOHN DEER decd. and make report according to law.

 

L. C. SMITH

Guardian Monday November 20th 76

Est. of C. D. GOOCH, H. C. Now on this day comes L. C. SMITH and prays the court to be

& LORAINE GOOCH appointed Guardian of the estate of C. D., H. C. and LORAINE GOOCH

minors and it appearing to the court that that due notice of the same has been given according to law it is ordered that the prayer be granted upon his entering bond …

 

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with good and sufficient sureties in the sum of six hundred and seventy six Dollars each conditioned according to law & that Letters of Guardianship issue to him on filing (unreadable) & taking the oath (unreadable) by law.

 

ELIZABETH SMOOT

Guardian Monday Nov 20th 76

W. E. & J. B. SMOOT Now on this day comes ELIZABETH SMOOT and files her annual Report of the condition of said Estate and it appearing to the court that the same is correct it is ordered that the same be approved.

 

L. W. OGLESBY

Administrator Monday Nov. 20th 76

Est. MICHEAL MAY Now on this day comes L. W. OGLESLEY and files his annual report on the condition of the Estate of MICHEAL MAY Deceased and it appearing to the court that the same is correct was ordered approved.

 

I. D. NEWSOME

Administrator Monday Nov 20/76

Est. ISHAM PITTMAN Dec. Now on this day comes on to be hear the final account of I. D. NEWSOME and prays the court for a final settlement of the Estate of ISHAM PITTMAN and it appearing to the court that notice has been given according to law the same is approved and administrator discharged of his trust upon his filing vouchers and paying cost of Administration.

 

E. F. ELKIN

Guardian Monday Nov. 20th 76

NANCY ELKIN Now on this day comes E. F. ELKIN Guardian of the Estate of NANCY ELKIN and files his annual report of the condition of said Estate and it appearing to the court that the…

 

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…same is correct was approved—

 

L. C. SMITH

Guardian Monday Nov. 20/76

Est. of H. C. GOOCH minor Now on this day comes L. C. SMITH and files his bond as guardian of the Estate of H. C. GOOCH a minor which appearing to the court in all things correct was approved and ordered recorded.

 

L. C. SMITH

Guardian Monday Nov 20/76

Est. of CHARLES GOOCH minor Now on this day comes L. C. SMITH and files his bond as guardian of the Estate of CHARLES GOOCH and files his bond which appearing to the Court to be in all things correct was ordered approved and recorded.

 

L. C. SMITH

Guardian Monday Nov 20/76

Est. L. GOOCH Minor Now on this day comes L. C. SMITH Guardian of the Estate of L. GOOCH and files his bond as Guardian of said Estate which appearing to the Court to be in all things correct was ordered approved and recorded.

 

Ex parte R. M. JUSTICE

Community Monday Nov. 20/76

Est. of W. T. JUSTICE Now on this day comes R. M. JUSTICE and files his inventory & appraisement of the community Estate of himself and his deceased husband (sic-“wife” struck out] which appearing to the court to be correct and according to law the same is approved and ordered recorded and that she enter into Bond in the Sum of Five Hundred Dollars Conditioned according to law.

 

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WILLIAMS & REESER [REASER]

vs. Monday Nov. 20th 76

STANDFORD JORDON & DAVIS Now on this day this cause was continued by consent.

 

T. M. BROCK

vs. Monday Nov. 20/1876

DYE & ROSS Now on this day this cause is continued by consent.

 

O. P. MALLOW

Adm. Monday Nov. 20/1876

Est. of C. & M. MALLOW Now on this day comes onto be heard the report of O. P. MALLOW adm. of the Estate of M. & C. MALLOW Decd. of the condition of said Estate filed Oct. 18/1876 & the matters and things therein having being fully understood by the court, it is adjudged and decreed that the same be in all things approved and it further appearing to the court that it is necessary to repair the graves of the Deceased M. & C. MALLOW, pale (?) and furnish them with tombstones &c it is further ordered that the administrator O. P. MALLOW expend for that purpose the sum of one hundred dollars and it is further ordered that said administrator distribute among the heirs of said M. & C. MALLOW deceased whatsoever money that may be there remaining in hand after payment of cost of court.

 

JOHN M. SALMONDS

Adm. Monday Nov20/76

Est. SANDFORD BECK Dec. Now on this day comes on to be hear the report of JOHN M. SALMONDS Executor of the last will of S. BECK Decd. for final settlement of said Estate and the matters and things therein being fully understood by the court it is ordered adjudged and decreed that the same in all things approved.

 

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It further appearing to the court the commission allowed by law on moneys received and paid out is insufficient to reimburse (?) said Extra (?) for the trouble and Expense & time lost in administration said Estate it is further ordered that he be allowed & retain (return?) out of any monies on hand the sum of forty Dollars to compensate him for the same. It further appearing to the Court that a certain Judgment rendered by the District court of Dallas County on the 7th day of Aug. 180 against SANDFORD BECK in favor of JAMES HORTON no. 536 for the sum of fourteen hundred ninety three & 88/100 Dollars with 8% interest credited with May 19/1868 with $183.00 & Oct 5/1869 with $526.00. Also Judgment rendered same day by said District Court against said S. BECK in favor of JAMES FORMAN no. 573 for the sum of $186.40 with interest at 8% per cent are equally entitled to payment out of the monies on hand & both hold the priority in payment over any other claims against said Estate yet unpaid and it further appearing that there is only on hand & to be paid for Claims against said Estate after payment of all prior claims cost &c the sum of $230.00, it is ordered that said sum be paid by said administrator to THROCKMORTON BROWN & BRO. Attys. for said parties & it appearing to the court that the moneys is paid & the receipt filed thereof & it appearing that said Executor has disposed of all the estate in his hands & filed the proper voucher therefore it is ordered that the succession be closed and said Executor be discharged from his trust.

 

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

 

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

 

D. M. STIMSOM

Guardian Tuesday Nov 21st

ISAAC R. STIMSON 1876

Now on this day comes D. M. STIMSON and prays the court to be appointed Guardian of the Estate of ISAAC R. STIMSON a minor 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 prayer be granted upon his entering into a bond of one hundred Dollars, conditioned according to law and that letters of guardianship issue to him upon his filing said bond and taking the oath required by law.

 

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

 

Wednesday Nov. 22nd 1876. Court met pursuant to adjournment.

 

 

A . MANLEY

vs. Wednesday Nov. 22nd 1876

LEE & OGLESBY Now on this day the above entitled cause came on for trial and the plaintiff by attorney appeared and announced ready for trial and the defendant having failed to appear and answer in their behalf but wholly made default, wherefore the said A. MANLEY ought to have and recover against the defendants W. M. LEE and L. W. OGLESBY his damages by occasion of the premises and it appearing that the cause of the action is duly liquidated and proven by an instrument of writing it is…

 

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…therefore ordered that the Clerk do assess the damages sustained by said plaintiff and the Clerk having assessed the damages at the sum of ($1020.00) one thousand and twenty Dollars. It is therefore ordered and adjudged by the court that the plaintiff A. MANLY do have and recover of the defendants WM. M. LEE and LANDON W. OGLESLEY the sum of one thousand and twenty Dollars with interest at the rate of two per cent per month from the date, 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 expended.

 

Written in margin: Rec’d March 2st 1877 of W. W. MERRITT Shff. four hundred & ninety seven 20/00dollars--on this Judgmt. R. D. ARMOND—Atty. for pltiff.

 

J. M. GATES

vs. Wednesday Nov. 22/76

WM. M. LEE Et al Now on this day the above entitled cause coming on for trial and the plaintiff by his attorney announced ready for trial and the defendant having failed to appear and answer in their behalf but wholly made default wherefore the said J. M. GATES ought to have and recover of W. M. LEE, L. W. OGLESBY and W. M. WEAVER his damages by occasion of the premises and it appearing that the cause of the action is duly liquidated and proven by an instrument of writing it is therefore ordered that the Clerk do asses the damages sustained by said plaintiff and the Clerk having now assessed the damages at the sum of six hundred and forty three Dollars & o2/100 Dollars, it is therefore ordered and adjudged by the court that the plaintiff J. M. GATES do have and recover of the defendants WM. M. LEE, L. W. OGLESLEY and W. M. WEAVER the sum of six hundred & forty three & 02/100 Dollars unto interest at the rate of 18 per cent per annum from this date…

 

Written in margin: Recd. Payment in full this judgment of L. W. OGLESLEY Dec. 12th 1876 J. M. GATES per J. M. BAINES Atty.

 

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…together unto all cost herein incurred for all of which let execution issue it is further ordered that execution issue against each party respectively for the cost by them in this behalf incurred.

 

GREENWALD & TENISON

vs. Wednesday Nov. 22/76

BENNET & ROGERS Now on this day the above entitled cause coming on for trial and the plaintiffs by their attorneys announced themselves ready for trial and the defendants being called came not but wholly made default wherefore the plaintiffs GREENWALD and TENISON ought to have and recover of T. BENNET and D. L. ROGERS by occasion of the premises and it appearing that the cause of the action is duly liquidated and proven by an instrument of writing it is therefore ordered that the Clerk do assess the damages sustained by said plaintiff and the clerk having now assessed the damages at the sum of five hundred and eighty two & 22/100 Dollars & two & 50/100 (sic) Dollars it is therefore ordered and adjudged by the court that the plaintiffs GREENWALD & TENISON do have and recover of the defendants T. BENNETT and D. L. ROGERS the sum of five Hundred & Eighty two & 22/100 Dollars & 2.50 protest fee unto interest from date at the rate 8 percent per annum together with all cost in this behalf expended for all of which let execution issue it is further ordered that execution issue in favor of the officers of the court against each part respectively for cost by them in this behalf incurred.

 

F. J. VANCE Adm.

Est. DANL. KLEPPER Decd. Wednesday

vs. Nov. 22nd/1876

JOS. LYNN Et al Now on this day the above entitled cause coming on for trial and the plaintiff by their attorney announced…

 

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…ready for trial and the defendant came not to answer in their behalf but wholly made default, wherefore it is considered that the plaintiff ought to recover damages from the defendants by occasion of the premises and it appearing that the cause of the action is duly liquidated and proven by an instrument of writing it is therefore ordered that the Clerk do assess the damages sustained by plaintiff and the Clerk having assessed the damages at three hundred and ninety nine 70/100 It is therefore ordered and adjudged by the court that plaintiff F. J. VANCE Admr. Est. DANL. KLEPPER decd. Do have and recover of Defendants JOS. LYNN, A. J. KLEPPER and JOHN A. (?) BUCK the sum of Three hundred and Ninety nine & 70/100 Dollars with interest (?) thereon at the rate of 12 ½ per cent per annum together with all cost in this behalf incurred for all of which let execution issue it is further ordered that execution issue against each party respectively in favor of the officers of the court for the cost by them incurred.

 

Written in margin: Recd. Of JNO. A. BUCK and A. J. KLEPPER Five Hundred & Seventy Five & 25/100 in full of this Judgment as against them. March 23rd 1881. J. M. BAINES atty. For Ptff.

 

JOHN T. KENDRICK

vs. Wednesday Nov. 22/76

W. M. LEE Et al Now on this day this cause coming on for trial and the plaintiff by their attorney appeared and announced ready for trial, and the defendants having failed to appear and answer in their behalf but wholly made default wherefore it is considered that the plaintiff ought to have and recover of the defendants by occasion of the premises and it appearing that the cause of the action is duly liquidated and proven by an instrument of writing, it is ordered that the Clerk do assess the damages the Clerk now having assessed the damages at the sum of three hundred & sixty nine Dollars. It is therefore ordered and adjudged by the Court that the plaintiff JOHN T. KENDRICK do have and recover of the defendants W. M. LEE, L. W. OGLESBY

 

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…and E. M. WILKENS the sum of three hundred and sixty nine Dollars with interest from date at the rate of 2 % per month together with all cost in this behalf incurred for all of which let execution issue, it further ordered by the court that Execution issue in favor of the officers of the court against each party respectively for the cost by them incurred.

 

C. C. LASLEY

vs. Wednesday Nov.22nd 76

W. M. LEE Et al Now on this day this cause coming in for trial and the plaintiff by his attorney appeared and announced ready for trial and the defendants having failed to appear and answer but wholly made default wherefore it is considered that the plaintiff ought to have and recover his damages by occasion of the premises and it appearing that the cause of the action is duly liquidated and proven by an instrument of writing it is therefore ordered that the Clerk for (sic) assess the damages sustained by the plaintiff and the Clerk now here having assessed the damages at the sum of twelve hundred and six & 12/100 Dollars gold It is ordered and adjudged by the court that the plaintiff C. C. LASLEY do have and recover of the defendants W. M. LEE and L. W. OGLESBY the sum of twelve hundred and six & 12/100 Dollars Gold with interest at the rate of two per cent per month, together with all cost in this behalf expended it is further ordered that he have his Execution and that Execution issue in favor of the officers of the Court against each party respectively for the cost by them in their behalf incurred.

 

Written in margin: Recd, March 6th 1877 of W. W. MERITT Sheriff on this judgment Two hundred and seventy four and 75/100 C. C. LASLEY per J. M. BAINES Atty.

 

 

W. L. CAMPBELL Wednesday Nov. 22nd

vs. 1876

W. M. LEE Et al Now on this day this cause…

 

 

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…coming on for trial and the plaintiff by his attorney announced ready for trial and the defendant having failed to appear and answer in their behalf it is therefore considered that the plaintiff ought to have and recover of the defendant by occasion of the premises and it appearing that the cause of the action is duly liquidated and proven by an instrument of writing it is ordered that the clerk do assess the damages and the Clerk now here having assessed the damages at the sum of three hundred and nineteen & 98/100 Dollars currency and the sum of four hundred and seventeen & 57/100 Dollars gold, it is therefore ordered and adjudged by the court that the plaintiff W. L. CAMPBELL do have and recover of the defendants W. M. LEE and L. W. OGLESBY the sums of (319.98) Three hundred and nineteen & 98/100 Dollars currency and ($417.57) Four Hundred and seventeen 57/100 gold with interest from this date at the rate of 15 per cent per annum together with all cost of 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 respectively for the cost by them incurred.

 

Written in margin:

Recd. March 6th 1877 of W. W. MERRITT Shff. On this judgment One hundred and Eighty and 25/100 Dollars JOHN BAINES Atty for (?) CAMPBELL

 

Recd. of L. W. OGLESBY payment in full on this Judgment this 22nd day Jan.. A. D. 1885. W. L. CAMPBELL.

 

THOS. H. EMERSON & BRO.

vs. Wednesday

J. T. BUTLER Nov. 22nd 76

Now on this day comes the plaintiffs by their attorneys and says they will no further prosecute this suit, it is therefore ordered by the court that this cause be dismissed from the docket & that the Defendant have & recover of the plaintiff T. H. EMERSON & BRO. all cost herein.

 

J. B. STIFF & CO. Wednesday Nov.22nd 76

vs. Now on this day this cause is continued.

H & T. C. RWY. CO. &

G. H. & H. RWY. CO.

 

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JOHN JOHNSON

vs. Wednesday Nov.22nd 1876

G. R. HOWELL Et al Now on this day this cause was continued for service.

 

C. CONRAD & CO.

vs. Wednesday Nov. 22nd 1876

T. BENNET Now on this day this cause was continued for service.

 

THOS. H. EMERSON & BRO.

vs. Wednesday Nov. 22nd

W. L. MURRY Et al 1876

Now on this day this cause coming on for trial and the plaintiff by their attorneys appeared and announced ready for trial and the defendants being three times called at the court House door came not but wholly made default, wherefore it is considered that the plaintiffs ought to have and recover of the defendants by occasion of the premises and it appearing that the cause of the action is duly liquidated and proven by an instrument of writing, it is ordered that the clerk do assess the damages and the clerk now having assessed the damages at the sum of three hundred and seven Dollars—it is therefore ordered and adjudged by the court that the plaintiff THOS. H. EMERSON & T. T. EMERSON do have and recover of the defendants L. BULTER, W. L. MERONEY [MURRY?] and D. C. FORMAN the sum of Three hundred and seven Dollars together with thirty Dollars attorneys fees with interest at the rate of two per cent per month interest from date, Together with all cost of suit for all of which let execution issue, it is further ordered that Execution in favor of the officers of the Court against each party respectively for the cost by them in this behalf incurred.

Rec’d payment in full of this

Judgment Dec. 22 76

Jenkins & Muse

Attys. For Pltff.

 

Written in margin: Rec’d on this judgment two hundred seventy two and 20/100 dollars and $27.80 costs of suit Dec 13th 1876 Jenkins & Muse Pltiff’s attoty.

 

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Now on this day comes the sheriff of Collin County and returns into court a July list selected by the Jury commissioners appointed by the County Judge of Collin County to select Juries to serve in the County court of Collin County for the year 1876 and all of the said Jurors selected by said commissioners having failed to appear and were excused except F. M. WARDEN, J. F. GIBSON and JOHN KIRBY, the court then ordered the sheriff to summon a sufficient number of good and lawful Jurors qualified under the law to fill the vacancy the sheriff 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:

F. M. WARDEN

R. M. SCOTT

J. F. GIBSON

L. W. BRIGMAN

JOHN KIRBY

S. A. TUCKER

J. A. VERNON

J. C. COLEMAN

JOEL BLAKEMAN

JAMES HANN

GEORGE HERNDON

R. K. SWAN

 

JOHN DUGGER

Ordered that Court adjourn until tomorrow morning 8 o’clock.

 

Thursday morning 8 o’clock court met pursuant to adjournment.

 

Now on this day JAMES HANN was excused as Juror and O. P. MALONE (?) substituted in his stead.

 

 

MARX KEMPNER

vs. Friday Nov. 23rd 1876

WILSON & RUSSELL Now on this day comes on to be heard the above entitled cause the plaintiff by his attorney announced ready for trial and the defendants having been three times called at the Court House door…

 

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…came not but wholly made default and the Plaintiff having filed the following instrument in writing as evidence in said cause to wit

219.38 Galveston Texas July 15th 1876

Pay to the order of THOS. H. EMERSON & CO.

for Collection. Two Hundred nineteen 38/100

with current rate of exchange in Galveston valu(e) received and charge to account of

(?) Messrs. MARX & KEMPNER

 

Wilson & Russell

Weston Texas

 

No. 838

Paid one hundred and two (102 cy Aug

as/1876

accepted July 20/1876

J. W. WILSON & RUSSELL

It is therefore considered by the court that the plaintiffs MARX and KEMPNER ought to have and recover of the defendants their damages by occasion of the premises, it is ordered that the Clerk do assess the damages and the Clerk now having assessed the damages at the sum of one hundred and forty Eight & 93/100 Dollars it is therefore ordered and adjudged by the court that the plaintiffs M. MARX & H. KEMPNER do have and recover of the defendants J. W. WILSON and J. E. RUSSELL the sum of one hundred and forty Eight and 93/00 Dollars at a rate of 8 % per annum 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 cause incurred.

 

T. T. BRADLY

vs. Thursday Nov. 23rd

H. & T. C. RWY. & CO. 1876

Now on this day the above entitled cause…

 

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…came on to be heard and both parties by their attorneys an (sic) announced ready for trial and a Jury being demanded by the Plaintiff. Then came a Jury of good and lawful men to wit JOHN DUGGER and five others duly impaneled and sworn who after hearing the evidence argument of the counsel and charge of the court returned to consider the verdict and after mature deliberation returned into court the following verdict to wit: We the Jury find for the plaintiff and assess the damages at ($40.00) Forty Dollars. JOHN DUGGER.

Foreman.

 

Written in margin: Received on the above judgment of forty Dollars payment in full of the same. H. C. Kinshaw (?) atty. for Plff.

 

And it appearing to the court that this cause was appealed from Justice Court Precinct No. 1 Collin County, Texas by the defendants and it further appearing to the court that the Judgment rendered by this court was for a less amount than that rendered in the Justice Court, It is therefore ordered and decreed by the court that the Plff. T. T. BRADLY have and recover of and from the defendants the H. & T. C. RWY. CO. the sum of forty Dollars with interest at the rate of 8 per cent per annum from this date and all cost accrued in this court and the District Court and that the said defendants the H. & T. C. RWY. & CO. have and recover of and from the plaintiff T. T. BRADLY all cost accrued in the Justice court Precinct No. 1 and that execution issue against each party for the amount herein adjudged against them and that execution issue in favor of the officers of the court against each party respectively for the cost therein incurred.

 

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

 

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

 

THOS. H. EMERSON & BRO.

vs. Friday Nov. 24/1876

LOVEJOY and DICKSON Now on this day the plaintiffs by their attorneys appeared and announced ready for trial and the defendants having failed to appear and answer in their behalf came not but wholly made default, wherefore it is considered by the court that the plaintiffs ought to have and recover of the defendants their damages by occasion of the premises & it appearing to the court that this cause of action is liquidated & proven by an instrument of writing it is ordered that the Clerk do assess the damages sustained by the Plaintiffs and the Clerk now here having assessed the damages at the sum of Three Hundred and one & 30/100 Dollars it is therefore ordered and adjudged by the court that the plaintiffs THOS. H. EMERSON and T. T. EMERSON do have and recover of the defendants JOHN L. LOVEJOY and JNO. DICKSON the sum of Three Hundred and one 30/100 Dollars with interest from date at the rate of two per cent per month together with the sum of (blank) Dollars for attorneys fees and all cost of suit for all of which let execution issue it is further ordered that execution issue in favor of the officers of court against each party respectively for the cost by them in this behalf incurred.

 

Written in margin: Recd. of JOHN L. LOVEJOY Jr. Thirteen & 75/ Dollars Co. Judge Sherff.-- & Clerk’s Cost in this cause as per Receipt—June 25 78 J. M. BENGE Clk.

Recd. of JNO. L. LOVEJOY two hundred dollars on this judgment

As per recept. of this date.

June 25 1877 Jenkins & Benge (?)

Attys for Pllffs

 

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WM. MOORE

vs. Friday Nov 24th 76

H. D. WATERMAN Now on this day plaintiff has leave to amend.

 

 

H. F. DAN’L (?)

vs. Friday Nov. 24th 1876

T. S. HOLLENBECK Now on this day this cause was continued by Defendant.

 

M. A. TAYLOR

vs.

S. C. ANDERSON Now on this day this cause was continued by consent.

 

W. R. SHORT

Admr. Friday Nov. 24th 1876

Est JOHN DEER Decd. Now on this day comes W. R. SHORT and files his bond as admr. Of the Estate of JOHN DEER Decd. and it appearing to the court that the same is in all things correct was ordered approved and recorded.

 

W. R. SHORT

Admr. Friday Nov. 24th 1876

Est JOHN DEER [DERR?] Decd, Now on this day come W. R. SHORT and files inventory and appraisement of the property of the Estate of JOHN DEER Deceased and it appearing to the court that the same is correct and made according to law was approved and ordered recorded.

 

W. R. SHORT

Admr. Friday Nov. 24th 76

Est JOHN DEER Decd, Now on this day came on to be heard the application of JOHN SHORT administrator of the Estate of JOHN DEER Deceased to sell the corn…

 

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…cotton and hogs belonging to said Estate and it appearing to the court that a sale of the same (unreadable) be necessary to pay the Expenses of the administration and the debts against said Estate it is therefore considered and ordered by the court that W. R. SHORT administrator of said Estate proceed to sell at private sale for cash all of the corn & cotton and the hogs belonging to said estate and make his report of the same as is required by law.

 

H. T. DOYLE

vs.

 

T. S. HOLLENBECK Now on this day the defendant by attorneys moved the court to dismiss this cause and the matters and things being fully understood by the court the motion was over ruled—

 

W. W. TURNER

Guardian Now on this day came on to be hear the report of W. W.

Est. W. L. SIDWELL a minor TURNER Guardian of WM. SIDWELL a minor of the sale of certain tracts of land belonging to the Estate of said minor as ordered by this court at its last term to be sold for the purpose of defraying the expenses of said guardianship and paying the debts against the Estate of said minor and it appearing to the court that said land had been sold at private sale to J. M. GATES for the sum of one hundred and fifteen Dollars and that said sale was fairly made and that the land was sold for a fair price, it is therefore ordered adjudged and decreed that sale be in all things confirmed and that the said Guardian W. W. TURNER be authorized and required to execute a deed to the said purchaser J. M. GATES.

 

Page 104

 

GEO. W. SIMPSON

vs.

Est. MARY S. SIMPSON Now on this day comes on to be hear the application for the removal of W. M. LEE and GEO. W. SIMPSON from the administration of the Estate of MARY S. SIMPSON Decd. and it appearing to the court that said administrators had been required on the 21st day of October 1876 by this court to give a new bond in said Estate on or before the 28th day of October 1876 and that the said administrators had failed to give said bond as required it is therefore ordered adjudged and decreed by the court that said LEE and SIMPSON be removed from the administration of said Estate and that JOS. W. BAINS be and is hereby appointed administrator of said Estate, that the said JOS. W. BAINS succeed to all the rights, powers & duties of the former administrators that he be authorized to receipt to said former administrators for all the effects belonging to said estate in their hands and that he be invested with all the rights, privileges, powers & duties authorized by law in such cases, it is further ordered that W. M. LEE and GEO. W. SIMPSON file with the Clerk of this court an exhibit showing the condition of said Estate.

 

Ex Parte

ISAAC REED Now on this day comes on to be heard the application of ISAAC REED for a pension and it appearing to this court that said application states such facts as are required by law to be entitled said applicant to a pension and that the facts stated in the application are true it is therefore ordered and decreed by the court that on then (?) and the clerk of…

 

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…this court be and is hereby authorized to issue to said applicant a certified copy of said application together with a certificate of this court to the (unreadable) of said application.

 

HENRY STIFF Et al Trustees Petition to Sell School Lands

Stiffs school Community No. 9

JOHN MARTIN, J. H. V. Now on this day HENRY STIFF, JOHN MARTIN & J. H. VERMILLION Trustees of Stiff School Community No. 9 filed their petition praying for an order to sell a certain lot of land containing 2 Acres being the same deeded by LOUIS STIFF to J. C. De____(?) on the 10th day of Decr. 1872, for the purpose of applying the proceeds (?) of the same to the purchase of other better situated ground for the site of the public school house in said community and it appearing to the court that the same is in accordance with law it is ordered that said

Trustees made said Sale at the highest bidder for cash on the premises after giving 20 days notice of the time & place of the sale and that they execute a deed to the purchaser for the same and apply the proceeds to the purchase of other grounds for a School site and take a Deed to the County Judge of Collin County and have the same duly acknowledged and recorded.

 

V. H. ALLEN

Admr.

Est. W. M. ALLEN Decd. On this day comes on to be heard the application of MRS. V. H. ALLEN surviving wife of M. W. ALLEN deceased to set apart to herself and family her homestead of 200 acres & the property returned in the inventory exempt from forced sale. Also to make an allowance to herself and children in money in lieu of the property exempt from force sale not owned by the Estate which being fully understood by the court it is or deeded (?) that the following property returned in the inventory exempt from the…

 

Page 106

 

…forced sale be set apart to said V. H. ALLEN & her minor children to wit

Five milch cows & calves

Twelve head of Hogs stove and fixtures 3 head (bed?) Steads & clothing 6 plows & Harness 6 Hoes One waggon (sic) one Gun one saddle and sum of (marked out) for cattle disposed of & used (?) 317.00 after deducting $54.50 in lieu of remaining personal property exempt from forced sale to be paid out of the first monies in hand belonging to the Estate. It is further ordered by the court that the Homestead of 200 acres be set apart to said V. H. ALLEN & to her minor children out of the ANDREW THOMAS survey including the improvements and it appearing to the court that said survey is in two separate tracts & the tract upon which the improvements are situated only contains 144 acres. It is decreed that THOS. B. WILSON county surveyor be appointed to survey out of the other tract 141 acres adjoining the said 144 acre survey 56 acres so as to give said widow and minor children a (unreadable) of 200 acres & report to the next term of this court and it further appearing to the court that 40 acres out of the 141 acre survey made in the name of ANDREW THOMAS is the separate property of V. H. ALLEN, it is ordered adjudged and decreed by the court said THOS. B. WILSON survey out of said 141 acre tract in addition to the 56 acres as a Homestead the said 40 acre adjoining to the said 56 acres & make report to the next term of this court, said THOS. B. WILSON shall proceed to survey & set (?) apart out a 79 1/3 acre tract of land belonging to said Estate made in the name of M. HART 52 5/6 acres of average quality & value with the whole tract & make…

 

Page 107

 

…his report to the next term of this court.

 

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

 

Monday morning 9 o’clock.

 

J. O. STRAUGHAN

Admr. Monday Nov.27th 1876

Est. D. WYLEY Decd. Now on this day comes on to be heard the annual report of J. O. STRAUGHAN (dalod (?) August 24th 1874) admr. of the Estate of D. WYLE Deceased which appearing to the Court that due notice of the same was given and that said report was made in accordance with law ordered approved.

 

D. STIFF

Admr. Monday Nov. 27th 1876

Est. THOS. H. SHAIN Now on this day comes on to be heard the final report of DANL. STIFF administrator of the Estate of THOS. H. SHAIN and it appearing to the court that notice of the same has been given according to law it is ordered and decreed by the court that said report be approved and that said Administration be closed and that said Administrator be discharged of his trust on his filing vouchers.

 

WHEELER MELICK & CO.

vs. Monday Nov. 27th

HENRY LEE Et al 1876

Now on this day plffs. have leave to amend.

 

Page 108

 

J. H. BOWMAN

vs.

GEO. ELLISON & J. W. BROCK

Now on this day come on to be heard notion to quash attachment which being fully understood by court was over ruled to which ruling defendants Excepts.

 

J. H. BOWMAN

vs.

GEO. ELLISON & J. W. BROCK Now on this day this cause was continued for service as to J. W. BROCK

 

WM. MOORE

vs.

H. D. WATERMAN Et al Now on this day comes on to be heard motion to strike out special answer which being fully understood by the court was sustained so far as special

damages are claimed for loss of time.

 

V. H. ALLEN

Admr.

Est. M. W. ALLEN Now on this day comes on to be heard the application of V. H. ALLEN administratrix of the Estate of M. W. ALLEN dec. for the sale of the following described land to wit: 320 acres of land in the C. BROWN survey in Tarrant County, also an undivided ¼ interest in 640 acres in WM. L. MANN survey also an undivided ¼ interest in 240 acres JNO. C. YATES survey all in Tarrant County, Texas. And it appearing to the Court that notice of the same has been according to law and that the personal property belonging to said Estate in the hands of V. H. ALLEN admrx. Is insufficient to pay the indebtedness of said Estate, It is therefore ordered…

 

Page 109

 

…adjudged and decreed by the court that said application be granted and that the said admrx as aforesaid be and is hereby authorized to sale the above mentioned and described land at private sale on a credit of twelve months and report her action herein at the next term of this court.

 

WHEELER & MELICK CO.

vs. Monday Nov. 27, 1876

HENRY LEE Et al Now on this day comes on to be heard the above entitled cause & Pllf. by attorney announced ready for trial HENRY LEE and MINNIE MORASKIE having failed to appear & answer but wholly made default wherefore the said WHEELER & MELICK CO. ought to recover against said HENRY LEE & MINNIE MORASKY their damages by occasion of the premises & 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 said plaintiffs and the said Clerk having assessed the damages at the sum of two hundred sixty three & 37/100 dollars it is therefore ordered adjudged & decreed that the Plffs. have & recover from said Defts. HENRY LEE & MINNIE MORASKIE the said sum of $263 37/100 dollars with interest thereon at the rate of 10 % per cent per annum together with their cost in this costs in this behalf expended for which let execution issue and at the same time came in to be heard the issue between Plffs. and ARMELIN REMELLE (ROEMELLE?) surety in the note aforesaid & a Jury being waived the matter in controversy as well of fact as of law were submitted to the court and the…

 

Page 110

 

…ending & argument of counsel having been hear and fully understood it is considered by the court that the Plffs WHEELER & MELICK CO. have and recover of Deft. ARMELIA REMELLE (ROEMELLE?) as security in the note sued in the sum of one hundred seventy one & 11/00 Dollars for which let execution issue. It further appearing to the court that on the 12th day of June 1874 deft. HENRY LEE made execute and delivered to Plffs. a mortgage on the following described property to recover the payment note sued upon to wit: One Wheeler & Melick Co. 6 hose pover (?) plantation thresher separator & cleaner. It is therefore ordered adjudged and decreed by the court that said mortgage lien be foreclosed & order of sale issue to sell the same to satisfy the Judgment herein rendered & Cost of suit.

 

Written in margin: Rec. of WM. A. ROEMELLE full payment of written (?) judgment Feb. 1878. Throckmorton Brown atty. for Pllf.

 

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

 

Saturday Morning 9 o’clock court met pursuant to adjournment.

 

WM. MOORE

vs. Saturday Dec. 2/76

H. WATERSMAN Et al Now on this day this cause came on for trial and the parties appearing and announced themselves ready for trial and the Defts. having demanded a Jury thereupon came a Jury of good and lawful men towit: B. W. RHINE and five others duly impaneled and sworn who after hearing the evidence, argument of counsel and charge of the court returned to consider of the verdict and after mature deliberation…

 

Page 111

 

…returned into court the following verdict to wit: “We the Jury find in verdict for the defendants Dec 2/ 1876.

B. W. RHINE Foreman”

 

It is therefore ordered adjudged and decreed by the court that Plaintiffs take nothing by this suit and that Defendants H. WATERMAN, J. R. SANDERSON and R. D. McCOY (?) recover of Plff. WM. MOORE all their cost in this behalf expended for which let execution issue. That execution issue in favor of the officers of the court against each party for the cost of them respectively incurred.

 

Wriiten in margin: Recd. on this judgment this Mch (sic) 6th 1877 of W. W. MERRITT [sheriff] Eighty and 95/100 Dollars J. S. STUSE (?) Per J. M. B______

Received (unreadable) 21st 1879 of L. W. OGLESBY Two Hundred & Two Dollars in full of this Judgment, ELLESORA STEESE by H. H. Callaway Agnt.

 

JOHN S. SHESE

vs. Saturday DEC. 2/76

LEE and OGLESBY Now on this day the above styled cause coming on for trial and the parties by their attorneys and announced ready for trial, and the Defendants withdraws his action heretofore filed and says nothing in bar of plaintiffs action. Wherefore it is considered the plaintiffs ought to have and recover of the defendants their damages by occasion of the premises, it is ordered that the clerk assess the damages sustained by the plaintiff and the clerk now here having assessed the damages at the sum of ($688.23). It is therefore ordered and adjudged by the court that the Plff. JOHN S. SHESE do have and recover of the Defendants WM. M. LEE and L. W. OGLESBY the sum of six hundred and Eighty Eight & 23/100 Dollars with interest from date at the rate of 18% per cent per annum, together with all cost herein incurred 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…

 

Page 112

 

…for the cost of them in this behalf incurred.

 

JACKSON H. BOWMAN

vs.

LEE and OGLESBY Now on this day plaintiff has leave to amend.

 

JOS. W. BAINES

Admr. Saturday Dec. 2/76

MARY S. SIMPSON Decd. Now on this day comes JOS. W. BAINES and files his bond as administrator of the Estate of MARY S. SIMPSON Deceased and it appearing to the court that the same was made according to law and in all things correct was approved and ordered recorded.

 

The State of Texas To the Hon. T.C. GOODNER Co. Judge Collin

Collin County County the Undersigned Clerk of the County Court of Collin County would respectfully submit the following report of Jurors who have served at the present term of this court the number of days served and the amount due each also the amount received and disbursed by me since my last report viz:

Name of Jurors

No. of days

Amount due

F. (?) M. WARDEN

3

6.00 Issued

J. F. GIBSON

3

6.00

JNO. KIRBY

3

6.00

J. W. VERNON

2

4.00

JOWL BLAKEMAN

2

4.00

GEO. HERNDON

2

4.00

R. M. SCOTT

2

4.00

L. W. PERGMORE

2

4.00

S. A. TUCKER

2

4.00

J. C. COLEMAN

2

4.00

JAMES HEIMAN (?)

1

2.00

 

Page 113

 

November Term 1876

R. K. SWAN

2 Issue

4.00

JNO. DUGGER

2

4.00

FRANK DWELE (?)

2

4.00

JNO. KENEDY

2

4.00

W. T. DUGER (DUGGER?)

2

4.00

R. K. SWANN

2

4.00

N. O. HUFFMAN

2

4.00

B. W. RHINE

2

4.00

And that I have received the following money

MOORE Collected Jury fee

vs. from Plaintiff $3.00

WATERMAN Et al

 

WHEELER MELICK & CO.

vs.

HENRY LEE Et al Now on this day comes the defendants by attorney and moves the court to grant them a new trial and the matters and things being fully understood by the court was over ruled to which ruling the defendant excepts and gives notice of an appeal to the court of appeals.

 

Ordered that Court adjourn until in course.

 

T. C. GOODNER.

 

 

Page 114

 

The State of Texas

Collin County Be it remembered that the following proceedings were had in vacation to wit:

 

Estate of MARY S. SIMPSON Decd.

December 21st 1876 Ordered by T. C. GODDNER County Judge Collin County in vacation that JOSEPH FORMAN, L. BUTLER and J. Y. LOVELAND be appointed appraisers of said Estate.

 

 

Page 115

 

State of Texas

County of Collin Be it remember that there was begun and holden at the Court House in the City of McKinney on the 3rd Monday in January 1877 (It being the 15th day of Jan) a regular term of the County Court for civil and probate business present and presiding Hon. T. C. GOODNER, County Judge, W. W. MERRITT, Sheriff and J. M. BENGE, Clerk when the following proceedings were had to wit:

 

F. M. DAVIDSON

Admr. Monday, Jan. 15/76 (77?)

Est. J. VANCLEVE Decd. Now on this day came on to be heard the application of F. M. DAVIDSON to be appointed administrator of the Estate of J. VANCLEVE Decd. and it appearing to the court that notice has been given according to law, It is ordered by the Court that said F. M. DAVIDSON be and is hereby appointed administrator of the Estate of J. VANCLEVE Decd. upon his filing a bond in the sum of one thousand Dollars with good and sufficient sorties conditioned according to law to be filed and approved on or before the 20th day of January 1877.

 

B. S. KING

Admr. Monday Jan.15th 1877

Est. S. P. LEWIS Decd. Now on this day this cause was continued.

 

L. ADAMSON

Admr. Monday

Est. THOS. ADAMSON Decd. Jan. 15th 1877

Now on this day this cause was continued.

 

Page 116

 

C. T. MANN

Guardian Monday Jan. 15/77

MANNIE H. GOSSEN [NANCY GOSSEN?] Now on this day this cause was continued by operation of law.

 

Ex parte R. M. JUSTICE

Community Property Monday Jan. 15/77

W. T. JUSTICE Now on this day comes R. M. JUSTICE and files her bond in the Community Estate of herself and W. T. JUSTICE Decd. Husband in the sum of Five Hundred Dollars with D. S. MAYS, J. J. SMITH and I. SINCLAIR as sureties and it appearing to the court that said bond is good and sufficient it is approved and ordered recorded.

 

D. M. STIMSON

Guardian Monday Jan. 15/1877

Est. I. R. STIMSON Now on this day comes D. M. STIMSON and files his bond as guardian of the Estate of ISAAC R. STIMSON in the sum of one hundred Dollars unto W. H. BRUNNETT as surety and it appearing to the court that said bond is good and sufficient it is approved and ordered recorded.

 

T. C. BOONE

Guardian Monday Jan. 15/77

Est. LILLIE B. BOONE Now on this day come(s) on to be heard the application of T. C. BOONE to be appointed guardian of the person and Estate of LILLIE B. BOONE a minor and it appearing to the court that notice has been given as required by law, It is there fore ordered by the court that said T. C. BOONE be…

 

Page 117

 

…and is hereby appointed guardian of the person and Estate of said minor and that letters of guardianship issue to him upon his filing a good and sufficient bond in the sum of Eight Hundred Dollars conditioned according to law.

 

T. C. BOONE

Guardian Monday

Est. JNO. E. BOONE a minor Jan. 15/1877

Now on this day comes on to be heard the application of T. C. BOONE to be appointed guardian of the person and Estate of JOHN E. BOONE a minor and it appearing to the court that notice has been given according to law, It is ordered by the court that said T. C. BOONE be and is appointed guardian of the person and Estate of JNO. E. BOONE and that letters of guardianship issue to him upon his taking the required oath and filing a bond with good and sufficient sureties in the sum of Eight hundred Dollars conditioned according to law.

 

T. C. BOONE

vs. Monday

G. R. GATES Guardian Jan. 15/1877

Est. M. I. MALLON Now on this day comes T. C. BOONE and prays the court to be released from the bond of G. R. GATES Guardian of the Estate of M. I. MALLON and it appearing to the court that said GATES has had due notice of the same, It is therefore ordered and decreed by the court that said BOONE be released from further responsibility on said Bond and that G. R. GATES be required to enter into a new bond by the 20th day of Jan. 1877 conditioned according to law—

 

Page 118

 

J. A. MALLEN [MALLON?] Et al

vs. Monday

Est. M. & C. MALLEN [MALLOW?] Jan. 15/1877

Now on this day this caused was continued for cause.

 

A. S. GRAVES

Guardian Monday

L. M. TUCKER a minor Jan. 15/1877

Now on this day came on to be heard the application of A. S. GRAVES to be appointed guardian of the person and Estate of L. M. TUCKER a minor and it appearing to the court that said minor is over the age of fourteen and having accepted service & selected the said A. S. GRAVES as his (?) guardian of his estate, It is therefore ordered by the court that said GRAVES be and is hereby appointed guardian of the Estate of said minor and that letters of guardianship issue to him upon filing a bond with good and sufficient sureties in the sum of Three thousand Dollars and that he file his bond for approval by the 20th day of January 1877.

 

M. A. TAYLOR

vs. Monday Jan. 15/1877

S. C. ANDERSON Now on this day this cause was continued by consent.

 

N. W. PERKINS

vs. Monday Jan. 15/1877

R. H. TAYLOR Now on this day this cause was continued by operation of law.

 

Page 119

 

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

 

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

 

A. M. INGRAM

vs. Tuesday Jan. 16/1877

G. T. ARMSTRONG Now on this day this cause was continued by operation of the law.

 

Est. of the minor Heirs Tuesday Jan. 16/1877

of A. J. HONRAKER Now on this day this cause was continued by operation

 

I.M. INGRAM

vs. Tuesday Jan. 16th/1877

G. T. ARMSTRONG Now on this day come(s) the Defendant and files his motion against Plaintiff for security for cost of suit and it appearing to the court that the plaintiff has had due notice of the same, it is ordered that he be ruled to security for cost of suit and that he file his bond for cost on or before the first day of the next regular term of this court and that this cause be continued.

 

BEN WOOD & CO.

vs. Tuesday Jan. 16th/1877

BENNETT & ROGERS Now comes the Defendants and files his motion against the Plaintiff for security—for cost of suit and it appearing to the court that the plaintiff has had due notice of the same, it is ordered that he be ruled to security for cost of suit and that he file his bond for cost one or before…

 

Page 120

 

…the first day of the next regular term of this court, and that this cause be continued.

 

MARY J. McDONALD

vs. Tuesday Jan. 16th/1877

Est. MARY FAULKNER Now on this day comes MARY J. McDONALD and presents her application for the probate of last will and testament of MARY FAULKNER Decd. and said will being produced and read in open court and it appearing that MARY J. McDONALD & LUCY BLANK were appointed as executors of said will and J. D. PAGE one of the subscribing witnesses to said will coming into open court and being sworn says that MARY D. FAULKNER on the 7th day of August 18, 2007 A. D. 1876 being at the time of sound mind in the presence of affraint (?) caused GEO. W. CAMERON by her direction to sign the within and foregoing will for her in her presence and in the presence of GEORGE W. CAMERON and JOS. W. BURRIS (?) and that affiants and JOS. W. PARRIS and GEO. W. CAMERON sign and will as subscribing witness in the presence each other and at the request of said MARY D. FAULKNER and in the presence of each other and that said MARY D. FAULKNER there and then acknowledged and declared to said subscribing witnesses that said will was her last will and testament and that each of said witnesses were on the 7th day of August 1876 above the age of fourteen years. And it appearing to the court that due notice of said application has been given according to law, It is therefore ordered and decreed by the court that said prayer be granted and said will be admitted to probate and the said MARY J. McDONALD be appointed Executrix of said…

 

Page 121

 

…Estate and that she file and Inventory of said Estate and take the oath prescribed by law and that said will be recorded.

 

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

 

Wednesday morning court met pursuant to adjournment.

 

Now on this day comes the Sheriff of Collin County and returns into Court the Jury list selected by the Jury commissioners appointed by the Jury Commissioners appointed by the County Judge of Collin County to select Juries to serve in the County Court of Collin County for the Year 1877 and all said Jurors selected by said commissioners having failed to appear and were excused except A. C. CUMMINGS, GRAFTON WILLIAMS, TUCK BOWEN, J. S. HAND, JOS. M. SNIDER and J. LEE FARRIS (?). THE Court then ordered the Sheriff to summon a sufficient number of good and lawful Jurors qualified under the law to fill the vacancy. The sheriff there returned into court the following persons who were duly impaneled as Jurors to serve during the first week of this term of the court.

 

A.J. CUMMINGS

J. B. MACK

GRAFTON WILLIAMS

A.J. SCRIBNER

TUCK BOWEN

W. H. WARDEN

J. S. HAND

I. T. LARGENT

JAS. M. SNIDER

R. A. (?) COFFEY

J. LEE JARVIS

BENJ. HERNDON

 

MARY J. McDONALD

vs.

 

Est. MARY FAULKER [FAULKNER] Ordered by the court that E. R. STIFF, JAMES HUNN & J. B. MACK be appointed appraisers of the Estate of MARY FAULKNER Dec.

 

Page 122

 

J. K. P. LANGHAM

Guardian Wednesday

SIDNEY LANGHAM Et al Jan. 17/1877

Now on this day comes J. K. P. LANGHAM and files his annual report of the condition of said Estate which appearing to the court that due notice of the same has been give according to law and that the same is in all things correct is ordered approved and recorded.

 

J. R. O’BRIEN

vs. Wednesday Jan. 17/ 1877

UNION (?) MILL CO. Now on this day come the plaintiff and moves the court to dismiss the appeal in this cause and the matters and things being fully understood by the court the same is overruled.

 

J. R. O’BRIEN

vs. Wednesday Jan. 17/ 1877

UNION (?) MILL CO. Now on this day comes the Defendants by attorney and moves the court to strike out motion to dismiss and the matters and things being fully understood by the court the said motion is sustained.

 

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

 

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

 

RACHEAL WATTS

vs. Thursday Jan. 18/1877

Est. GEORGE WATTS Decd. Ordered by the Court that T. T. BRADLEY, J. S. HEARD and J. D. PAGE be appointed to appraise the Estate of RACHEL WATTS and her dec. husband GEORGE WATTS.

 

Page 123

 

G. R. GATES

Guardian Thursday Jan. 18/1877

Est. M. I. MALLON Now on this day comes G. R. GATES and files his bond as guardian of the Estate of M. I. MALLON a minor and it appearing to the court that the same is a good and sufficient bond, it is ordered approved and recorded.

 

G. CONNALLY

vs. Thursday Jan. 18/1877

Est. of G. M. CONNALLY Now on this day comes G. CONNALLY and presents his application for the probate of the last will and testament of G. M. CONNALLY Decd. and said will being produced and read in open court and G. B. CONNALLY one of the subscribing witnesses to said will coming into open court and being sworn says that the signature of G. B. CONNALLY to the will of G. M. CONNALLLY is his own that he signed his name to said instrument of writing as a witness in the presence of and at the request of the Deceased and that the dec’d signed the will in his own presence that the Deceased was seventy one years of age and of sound mind at the time of signing the will and that both affidavit and CHARLES CONNALLY whose name appear as witness to the will were over fourteen years of age at the time they witnessed said will. And it appearing to the court that due notice of said application has been given according to law, It is therefore ordered and decreed by the Court that said prayer be granted and recorded & it further appearing that there is no debts existing against said Estate.

 

Page 124

 

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

 

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

 

JOHN JOHNSON

vs. Friday Jan. 19/77

G. R. HOWELL Et al Now on this day this cause was continued for service.

 

BEN T. ESTES

vs. Friday Jan. 19/77

I. C. CHIPMAN [J. C. CHIPMAN?] Now on this day this cause came on for trial and the plaintiff by attorney appeared and announced ready for trial and the defendant being called came not but wholly made default and it appearing that the cause of the action is duly liquidate and proven by an instrument, Wherefore it is considered that the plaintiff do have and recover of the defendant by occasion of the premises. It is ordered that the Clerk assess the damages and the Clerk now here having assessed the damages at the sum of Three Hundred and seventy-nine and 50/100 Dollars specie, It is therefore ordered and adjudged by the court that the plaintiff BEN T. ESTES have and recover of the Defendant I. C. CHIPMAN the sum of Three Hundred and Seventy nine and 50/100 Dollars specie, with interest from date at the rate of 10 % per cent per annum form date together with all cost herein incurred for all of which let execution issue. It is further ordered by the court that Execution issue against each party respectively for the cost by them in this behalf incurred.

 

Page 125

 

HEIDENHEIMER (?) BROS.

vs. Friday Jan. 19/1877

R. C. WOOD & CO. Now on this day comes the plaintiff and says he will no further prosecute this suit. It is therefore ordered by the court that this cause be dismissed from the docket and that the defendants go hence without day.

 

CLEMENT MORTON & CO.

vs. Friday Jan. 19/77

BALDWIN TRAVIS Now on this day this cause comes the plaintiff by attorneys and the defendants being called came not but wholly made default and it appearing that the cause of action is duly liquidated and proven by an instrument of writing. Wherefore it is considered that the Plff. Ought to have and recover of the defendants by occasion of the premises. It is ordered that (the) Clerk do assess the damages and the Clerk now here having assessed the damages at the sum of two Hundred and sixty-Seven and 75/100 Dollars—It is therefore ordered and adjudged by the court that the plaintiff CLEMENT MORTON & CO. do have and recover of the defendants P. W. BALDWIN and J. A. P. TRANS (TRAVIS?) the sum of Two hundred and sixty seven & 75/100 Dollars with interest thereon at the rate of 10 % per cent per annum together with all cost herein incurred. For all of which let execution issue and that execution issue against Each party respectively, in favor of the officers of the court, for the cost by them in this behalf incurred.

 

Page 126

 

B. W. RHINE

vs. Friday Jan. 19/1877

J. H. HENDRICK Now on this day this cause was continued for service.

 

D. P. PERRY

vs. Friday Jan. 19/1877

G. T. ARMSTRONG Now on this day this cause was continued by consent.

 

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

 

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

 

J. C. SNYDER [SNIDER]

vs. Saturday Jan. 20/77

Est. J. C. McDONALD Decd. Now on this day came on to be heard the application of J. C. SNIDER to be appointed administrator of the Estate of J. C. McDONALD Decd. and it appearing to the court that due notice of the same has been given according to law, It is therefore ordered and decreed by the court that the said J. C. SNYDER be and is hereby appointed administrator of the Estate of J. C. McDONALD and letters of administration issue to him upon his filing a bond with good and sufficient security with sum of ($200.00) Two Hundred Dollars, conditioned according to Law.

 

J. C. SNYDER [SNIDER]

vs. Saturday Jan. 20/77

Est. J. C. McDONALD Decd. Ordered by the court that JOHN JOHNSON, J. A. MASSIE and E. D. BOMAR be and are hereby appointed…

 

Page 127

 

…appraisers of the Estate of J. C. McDONALD Decd.

 

T. C. BOON [BOONE]

Guardian Saturday Jan. 20/77

Est. JNO. E. BOON minor Now on this day comes T. C. BOON Guardian of the Estate of JOHN E. BOON a minor and files his bond as guardian of said minor in the sum of Eight Hundred Dollars with JAS. A. MOORE and GEO. W. WILSON as sureties and it appearing to the court that said bond is good and sufficient it is approved and ordered recorded.

 

T. C. BOON [BOONE]

Guardian Saturday Jan. 20/77

Est. LINNIE B. BOON a minor Now on this day comes T. C. BOON Guardian of the Estate of LINNIE B. BOON a minor and files his bond as guardian of the Estate of LINNIE B. BOONE a minor with JAS. A MOORE and O. P. MALLON as his sureties and it appearing to the court that the same is sufficient is approved and ordered recorded.

 

A.S. GRAVES

Guardian Saturday Jan. 20/1877

L. M. TUCKER a minor Now on this day comes A. S. GRAVES and files his bond for approval as guardian of L. M. TUCKER, G. H. TUCKER, W. L. TUCKER and J. M. TUCKER as sureties and it appearing to the court that said bond is good, it is approved and ordered recorded.

 

F. M. DAVIDSON

Admr. Saturday Jan. 20/77

Est. J. VANCLEVE Decd. Now on this day comes F. M. DAVIDSON and files his bond for approval as guardian of the Estate of…

 

Page 128

 

J. VANCLEVE Deceased with R. C. WHITE and W. C. TAYLOR as sureties and it appearing to the court that the same is good and sufficient is ordered approved and recorded.

 

F. M. DAVIDSON

Admr. Saturday Jan. 20/1877

Est. J. VANCLEVE Decd. Ordered by the court that J. H. JENKINS, GEO. WHITE and R. C. WHITE be and are hereby appointed to appraise the estate of J. VANCLEVE Decd.

 

JOHN P. HUNTER

vs. Saturday Jan. 20/1877

ESTES BERRY & CO. Now on this day this cause coming on for trail a Jury being demanded then came a Jury of good and lawful men, being duly impaneled and sworn who after hearing the Evidence argument of the counsel and charge of the court retired to consider their verdict and after a mature deliberation returned into open court and says they cannot agree and after an agreement between the parties the Jury was discharged and this cause was continued.

 

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

 

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

 

Page 129

Now comes the Sheriff of Collin County and returns into open court the following named Jurors to serve during the 2nd week of this court.

 

J. L. FARRIS

BEN HERNDON

J. T. LARGENT

GRAFTON WILLIAMS

JAMES SNYDER

FRANK HUNN

W. A. WARDEN

J. C. COLEMAN

J. B. MACK

ENOCH ENLOE

JAMES KENDAL

THOS. KENDALL

 

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

 

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

 

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

 

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

 

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

 

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

 

Page 130

 

Now on this day JOHN MAGNOR was substituted as a Juror in the place of ENOCH ENLOE Excused

 

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

 

Friday morning court met pursuant to adjournment.

 

R. C. WHITE

1895 vs. Friday Jan. 26th 1877

R. C. WHITE (sic) Now comes the defendant and moves the court to dismiss the appeal in this cause and the matters and things being fully understood by the court the motion was overruled.

 

Written in margin: Received of W. W. MERRITT Sheriff of Collin County a certain (unreadable) more the same being the (unreadable) in (unreadable) between the parties to this judgment (unreadable).same in full satisfaction of said Judgment. This Jan 30, 1877. H. J. DOYLE.

 

H. J. DOYLE

1885 vs. Friday Jan. 26th1877

T. S. HOLLENBACK Now on this day this cause came on for trial and both parties appeared and announced ready for trial and a Jury being demanded by the defendant, There came a Jury of six good and lawful men to wit: THOS. KENDALL and five others who being duly impaneled and sworn and after hearing the Evidence argument of the counsel and charge of the court retired to consider their verdict and after mature consideration returned into court the following verdict to wit:

We the Jury find for the plaintiff and value of said mare $75.00.

THOS. KENDALL Foreman

It is therefore ordered and decreed by the court that the plaintiff H. J. DOYLE do have and recover of the Defendant the sum of $75.00 together with all cost in this behalf expended for which let execution issue. It is further ordered by the court…

 

Page 131

 

…that Execution issue against each party respectively for the cost by them in this behalf incurred.

 

JOHN C. EASTON

1685 vs. Friday Jan. 26th 1877

DAVID STIFF Now comes the Defendant and moves the Court to require the Plaintiff to give security on or before the 1st day of next term of this court and it appearing to the court that Plaintiff has had due notice of the same. It is ordered that he be ruled to security for cost of suit and that he file his bond for cost on or before the 1st day of the next term of this court and that this cause be continued.

 

 

WILLIAMS & REESER

1851 vs. Friday Jan. 26th 1877

STANDFORD JORDAN & DAVIS Now comes the defendants by their attorneys and moves the court to dismiss this cause matters and things contained in said motion being fully understood by the court, It is ordered and decreed by the court that Plff. Be allowed until next term to file transcript & original paper or supply them.

 

J. H. BOWMAN

Guardian Friday January 26th 1877

J. J. RUSSELL Now on this day this cause is continued by operation of Law.

 

J. M. KINCAIDE

vs. Friday January 26th 1877

Est. NANCY E. JAMES Now on this day this cause is continued by operation of Law.

 

Page 132

 

A.B. MAYS

Guardian Friday Jan. 26th 1877

WM. MAYS Minor Now on this day this cause was continued by operation of Law.

 

F. M. BROCK

1874 vs. Friday Jan. 26th 1877

DYE & ROSS Now on this day this cause was continued by operation of Law.

 

J. H. BOWMAN

1875 vs. Friday Jan. 26th 1877

LEE & OGLESBY Now on this day this cause was continued by operation of Law.

 

R. C. WHITE

1895 vs. Friday Jan. 26th 1877

R. C. BLACK Now on this day this cause coming on for trial and bother parties appearing by attorneys and announced ready for trial and a Jury being demanded by the defendant then came a Jury of Six good and lawful men to wit GRAFTON WILLIAMS and five other, who being duly impaneled and sworn and who after hearing the Evidence argument of counsel and charge of the court retired to consider their verdict and after mature deliberation returned in court the following verdict to wit:

We the Jury find for the plaintiff forty Dollars as principal and eighty cts. as interest.

GRAFTON WILLIAMS

It is therefore ordered and decreed by the court that the plaintiff R. C. WHITE do have and recover of the defendant R. C. BLACK the sum of Forty Dollars & Eighty cents together with all costs in this behalf incurred for which let execution issue and that Execution issue against Each party respective for the costs by them…

 

Page 133

 

In them in this behalf incurred in favor of the officers of the court.

 

J. B. STIFF & CO.

1887 vs. Friday

H. & T. C. RWY. CO & G. H. & H. RWY. CO. Jan. 26th 1877

Now on this day this cause being called for trial and the plffs. announced ready for trial thereupon came R. DeARMAND Atty. for Defts. and withdrew his answer as the G. H. & H. RWY. CO. It therefore appearing to the court that said GALVESTON HOUSTON & HENDERSON RAILWAY CO. say nothing in bar of this action it is considered that the Plffs. ought to recover by reason of premises and no Jury being demanded the court proceeded to assess the damages which said damages were after hearing the Evidence and are here now assessed by the court at the sum of ($243.36) Two Hundred and forty three & 36/100 Dollars. It is ordered adjudged and decreed that Plffs J. B. STIFF & CO. do have and recover of said GALVESTON HOUSTON & HENDERSON RWY. CO. as per said assessment and against the Houston & Texas Central Railway Co. for the following argument filed by the attorney to wit: We agree that Judgment be rendered on the above entitled cause in favor of plaintiffs against the H & T. C. RWY. CO. in the sum of Two hundred and forty three 36/100 Dollars principal and Interest and cost of suit.

 

R. DeARMOND

Atty. for Deft. H. & T. C. RWY CO.

K. R. CRAIG

Atty for Plff.

the sum of ($243.36/100) Together with all costs of this suit for which let Execution issue.

 

D. M. STIMSON

vs. Friday, Jan.

Est. of ISAAC STIMSON Decd. 26th A. D. 1877

 

Page 134

 

Now on this day this cause was continued by the plaintiff.

 

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

 

Saturday morning o o’clock court met pursuant to adjournment.

 

Est. of CHARLES MAYS Saturday Jan. 27/1877

A minor

Now on this day came on to be heard the application of CATHERINE TUBBERVILE (TUBEVILLE?) Guardian of the person of CHARLES MAYS a minor for an allowance for the support and maintenance of said minor and it appearing to the court that the fact(s) set forth in said application are true it is therefore ordered adjudged and decreed by the court that A. B. MAYS Guardian of the Estate of said minor be and is hereby authorized and required to pay over to Mrs. CARTHERINE TUBBERVILE the sum of one hundred dollars and that the costs of the proceedings be paid out of the estate of said minor.

 

Written in margin: Rec’d $100.00 in full of this Judgment Mch. [March] 15, 1877 Judgment atty for Mrs. Tuberville.

 

J. T. MOORE

Admr. Saturday Jan. 27/1877

Est. of E. MON (MOW?) Decd. Now on this day came on to be heard the application of J. T. MOORE to be appointed administrator of the Estate of E. MON (?) deceased and it appearing to the court that due notice of the same has been given according to law, It is ordered decreed by the court at J. T. MOORE be and is hereby appointed administrator of the Estate of E. MON (?) deceased upon his filing a bond with good and approved security in the sum of ($250) two hundred and fifty Dollars.

 

Page 135

 

J. T. MOORE

Admr. Saturday Jan. 27th 1877

Est. of E. MON (MOW?) Ordered by the court that E. (?) E. DAVIS, RICHARD COLLINS & DR. V. CLEVE [VANCLEVE?] be and are hereby appointed appraisers of the Estate of E. MON (MOW?) Deceased.

 

A.B. MAY

Guardian Saturday Jan. 27th 1877

CHAS. MAY minor Now on this day this cause was continued by operation of law.

 

J. R. O’BRIEN

1808 vs. Saturday Jan. 27th 77

UNION MILL CO. Now on this day this cause was continued by Defendant for want of testimony of O’NEAL J. B. ENGLEMAN & G. P. CARROL.

 

To the Honorable T. C. GOODNER Co. Judge of Collin County.

The Undersigned Clerk of the County Court of Collin County begs leave to submit the following [list] of Jurors who have served at the present term of this court, the number of days served and the amount due each vz.

 

1st Week

 

Name

No. of Days

Amt. due each

A.G. CUMMINGS

4

8.00

GRAFTON WILLIAMS

4

8.00

TUCK BOREN

4

8.00

J. S.HAND

4

8.00

JAS. M. SNYDER

4

8.00

J. LEE FARRIS

4

8.00

J. B. MACK

4

8.00

A.J. SCRIBNER

4

8.00

W. H. WARDEN

4

8.00

i.T. LARGENT

4

8.00

R. W. COFFEY

4

8.00

BENJ. HERNDON

4

8.00

 

Page 136

 

2nd Week

 

Names of Jurors

No. of days served

Amt. due each

J. L. FARRIS

6

12.00

I.T. LARGENT

6

12.00

JAMES SNYDER

6

12.00

W. A. WARDEN

6

12.00

J. B. MACK

6

12.00

JAMES KENDALL

6

12.00

BEN HERNDON

6

12.00

GRAFTON WILLIAMS

6

12.00

FRANK HUNN

6

12.00

J. C. COLEMAN

6

12.00

ENOCK ENLOE

1

2.00

THOS. KENDALL

3

12.00

JOHN MAYNER

3

6.00

 

All of which is respectfully submitted

J. M. Benge Clerk

Co. Court Collin Co.

 

W. R. BUSH

Admr. Thursday Jan. 25/1877 (sic)

Est. O. E. BUSH Decd. The final account of W. R. BUSH administrator of the community Estate of O. E. & D. M. BUSH deceased and the community Estate of O. E. BUSH deceased and HARRIET BUSH coming on to be heard and it appearing to the court that due notice of the filing of said account had been given and it appearing to the court that W. R. BUSH, (unreadable) L. BUSH, WICK GRAVES, S. E. HERNDON, C. P. BUSH, E. M. BUSH, O. H. BUSH, WALTER FERRILE (FEWELL?), C. H. P. FERRILE (FEWELL?) and HARRIET T. BUSH are the only heirs at Law of O. E. BUSH deceased and with the exception of said HARRIET F. BUSH and O. E. BUSH are the only heirs at Law of said D. M. BUSH decd. and it appearing to the court that all of said heirs are present & represented in court except WALTER & C. H. P. FERRILE (FEWELL?), It is ordered that…

 

Page 137

 

…the community Estate of O. E. BUSH deceased and the surviving wife HARRIET F. BUSH consisting of money be partitioned and distributed among all of said heirs as follows to wit: to HARRIET T. BUSH one half, to W. R. BUSH one sixteenth thereof, to WICK GRAVES one sixteenth thereof, to S. E. HERNDON one sixteenth thereof, to C. P. BUSH one sixteenth thereof, to E. M. BUSH one sixteenth thereof, to O. H. BUSH one sixteenth thereof, to WALTER FERRILE (FEWELL?) one twenty fourth thereof, to C. H. P. FERRILL (FEWELL?) one Twenty Eighty thereof and it is further ordered that the community Estate of O. E. BUSH decd. and D. M. BUSH decd. consisting of money be portioned and distributed among said heirs as follows to wit To HARRIET T. BUSH one sixteenth thereof, to W. R. BUSH fourteenth and one twenty fourth thereof, to H. L. BUSH one Fourteenth and one twenty fourth thereof, to WICK GRAVES one twenty fourth and one fourteenth thereof, to S. E. HERNDON one fourteenth and one twenty fourth thereof, to C. P. BUSH one fourteenth and one twenty fourth thereof, to E. M. BUSH one fourteenth and one twenty fourth thereof, to O. H. BUSH one twenty fourth thereof, to WALTER FERRILL (FEWELL?) two thirds of one fourteenth and one twenty fourth thereof, to C. H. P. FERRILL (FEWELL?) one third of one fourteenth and one twenty fourth thereof and that said administrator W. R. BUSH pay over to said heirs or whoever may be lawfully authorized to receive the proportional share of each and file the voucher for the same and be it further ordered by the court that said final account of WM. R. BUSH administrator be in all things approved.

 

P. W. BALDWIN

vs. Tuesday Jan. 30/1877

Est. M. D. BALDWIN minor Now on this day comes P. W. BALDWIN and files his bond…

 

Page 138

 

…as Guardian of the Estate of MARTHA D. BALDWIN a minor and it appearing to the court that the same is a good and sufficient bond, it is therefore approved and ordered recorded.

 

Ordered that the Court adjourned until Friday February 2nd 1877.

 

Friday February 2nd Court met pursuant to adjournment.

 

H. J. DOYLE

vs. Friday Febry. 2nd 1877

T. S. HOLLINGBECK Now on this days comes on to be heard the motion of the Defendant to retax the cost in this cause matters and things being understood by the court the motion was overruled.

 

M. A FERRIS

J. W. FERRIS Friday Febry. 2nd 1877

vs.

S. R. BROWN Now on this day come on to be heard the plaintiffs motion to dismiss the appeal of the Defendant and the Court having considered the same and being satisfied in the premises do the adjudged that the said append [appeal?] be dismissed and that writ (unreadable) do issue to W. H. BRUMMITT requiring and commanding (?) him to proceed to Execute his said Judgment, it is further considered by the court that S. R. BROWN do pay cost of this court for which let Execution issue.

 

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

 

Page 139

 

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

 

J. T. MOORE

Admr. Saturday Febry. 3/77

Est. E. MOW Decd. Now on this day comes J. T. MOORE and files his bond as administrator of the Estate of E. MOW Deceased and it appearing to the court that said bond is good and sufficient was approved and recorded.

 

Ordered that Court adjourned until Court in course.

T. C. Goodner

Co. Judge

 

The State of Texas

Collin County Be it Remembered that the following proceedings were had in Vacation by

The County Judge on the 19th day of February 1877.

 

B. W. HAMPTON

vs. In vacation Feby. 10 1877

MARY C. O’GUINN

Now on this day comes on to be heard the application of B. W. HAMPTON to be appointed Guardian of the Estate of MARY C. O’GUINN a minor and it appearing to the Court that due notice of said application has been given according to law, It is therefore ordered and decreed by the Court that said B. W. HAMPTON be and he is hereby appointed Guardian of the Estate of said minor and that Letters of Guardianship issue to him upon his filing Bond with good and sufficient Security in the sum of Four Hundred Dollars conditioned according to law, and taking the oath prescribed by law.

 

Page 140

 

B. W. HAMPTON

vs. Feby. 10 1877

WM. O’GUINN

Now on this day comes on to be heard the application of B. W. HAMPTON to be appointed Guardian of the Estate of WM. O’GUINN a minor and it appearing to the court that Notice of said application has been given according to law, It is therefore ordered and decreed by the Court that the said B. W. HAMPTON be and he is hereby appointed Guardian of said minor and that Letters of Guardianship issue to him on his filing Bond with good and sufficient security in the sum of Four Hundred Dollars, conditioned according to law, and, taking the oath prescribed by law.

 

B. W. HAMPTON

Guardian In vacation Feby. 10 1877

Est. MARY C. O’GUINN Now on this day comes B. W. HAMPTON guardian of the Estate of MARY C. O’GUINN and files his bond & oath as Guardian of said minor & A. J. KERR as surety and it appearing to the court that said Bond is good and sufficient it is ordered that the Same be approved and Recorded.

 

B. W. HAMPTON

Guardian In vacation Feby. 10 1877

Est. WM. O’GUINN minor

Now on this day come B. W. HAMPTON Guardian of the Estate of WM. O’GUINN a minor and files his Bond and Oath as Guardian of said minor with A. J. KERR as surety and it appearing to the Court that said Bond is good & sufficient It is ordered that same be approved and Recorded.

 

Page 141

 

Community Est. of

M. S. WILLIAMS

And Feby. Tuesday 27 1877

DECD. WIFE________[MARY WILLIAMS]

Now on this day it is ordered by the County Judge in vacation that J. B. (?) MILLS, E. D. McLEROY and E. G. SHAW be appointed to appraise the Community Estate of MILES S. WILLIAMS and his deceased wife ____________and that they make report according to law.

 

W. C. GOMER

vs. March 5/1877

Community Est. MARY S. GOMER Decd. Ordered by the Court that W. K. SHOOK, JOHN CHIPMAN and W. C. BOUNDS be appointed appraisers of the community Estate of W. C. GOMER and his deceased wife MARY S. GOMER.

T. C. GOODNER

Co. Judge

 

Page 142

 

State of Texas

County of Collin Be it remembered that there was begun and holden at the Court House in the City of McKinney on Monday March 19th 1877 it being 3rd Monday (?) a regular term of the county court of Collin County for Civil and probate business present and presiding Hon. T. C. GOODNER County Judge, W. W. MERRITT Sheriff and J. M. BENGE, Clerk where the following proceedings were had to wit.

 

B. S. KING

Admr. Monday March 19th 1877

S. P. LEWIS Dec. Now on this day this cause was continued.

 

C. T. MANN

Guardian Monday March 19th 1877

NANNIE GOSSUM Now on this day comes C. T. MANN on to be heard the annual report of the condition of the Estate of NANNIE GOSSUM minor which appearing to the court to be in all things correct was approved & ordered recorded.

 

Est. of Minor heirs

of A. J. HONAKER Monday March 19th 1877

 

 

Now on this day comes on to be heard JOSEPH B. BICKLY, and files his annual report as guardian of the

Estates of the minor heirs of A. J. HONAKER, which appearing to the court to be correct was approved & ordered recorded.

 

 

J. M. KINCAID

Guardian Monday March 19th 1877

Est. NANCY E. JAMES Now on this day comes J. M. KINCAID guardian of the…

 

Page 143

 

…Estate of NANCY E. JAMES a minor a[nd] files his final settlement of said Estate which appearing to the court to be in all things correct was ordered approved and recorded.

 

A.B. MAYS

Guardian Monday March 19th 1877

Est. WM. MAYS minor Now comes on to be heard A. B. MAYS guardian of the Estate of WM. MAYS a minor and files his annual report of the condition of said Estate which appearing to the court to be correct was approved & ordered recorded.

 

A.B. MAYS

Guardian Monday Mch. 19th

Est. CHAS. MAYS minor 1877 Now comes A. B. MAYS guardian of the Estate of CHAS. MAYS a minors and files his annual report of the condition of said Estate, which appearing to the court to be correct in all things was approved & ordered recorded.

 

V. H. ALLEN

Admx. Monday Mch. 19th 1877

Est. M. W. ALLEN Dec. Now on this day came on to be heard the Report of T. B. WILSON County surveyor of Collin County appointed at the previous term of this court to survey and layout a homestead for MRS. V. H. ALLEN, widow of said Decd. and after being fully understood by the court was approved and ordered recorded.

 

J. C. SNIDER

Admr. Monday Mch. 19th

Est. J. C. McDONALD Decd. 1877

Now on this day come J. C. SNIDER and presents his bond as administrator of the estate of J. C. McDONALD Decd. and it appearing to the court that the same is a good and sufficient bond, was approved and ordered recorded.

 

Page 144

 

J. J. WOMBLE (?)

vs. Monday March

JAMES & JACOB VANWINKLE minors 19th 1877

Now on this day this cause is dismissed.

 

Written in margin beside the following is the word “Error”.

 

MRS V. H. ALLEN

Admrx. ERROR” Monday March

Est. M. W. ALLEN Decd. 19th 1877

Now on this day come on to be heard the applicant of MRS. V. H. ALLEN for the sale of land belonging to the Estate of M. W. ALLEN

 

E. A. QUISENBERRY

Admr. Monday March 19th

Est. R. J. QUISENBERRY 1877 Now on this day came E. A. QUISENBERRY and presents his annual report of the condition of the Estate of R. J. QUISENBERY deceased for approval and it appearing to the court that notice has been given as the law requires, ordered that same be approved and recorded.

 

E. A. QUISENBERRY

Admr. Monday March

Est. R. J. QUISENBERRY Dec. 19th 1877

Now comes on to be heard the application of E. A. QUISENBERRY administrator of the Estate of R. J. QUISENBERRY Deceased, for the sale of land belonging to said estate and it appearing to the court that due notice of the same has been given as the law directs. Ordered by the court that the same be granted.

 

B. W. HAMPTON

Guardian Monday March 19th

Est. M. C. O’GUINN 1877

Now on this day comes B. M. HAMPTON guardian of the Est. of M. C. O’GUINN and files the inventory and appraisal of…

 

Page 145

 

…the property belonging to said Estate and it appearing to the court that the same is in all things correct ordered that the same be approved and recorded.

 

B. W. HAMPTON

Guardian Monday March 19/1877

Est. WM.. O”GUINN Now comes B. W. HAMPTON the guardian of the estate of WM. O’GUINN and files the inventory and appraisal of the property belonging to said Estate and it appearing to the court that the same is in all things correct ordered that the same e approved and recorded.

 

M. C. GROVER(?)

Community Est. Monday March 19th

of MARY S. GROVER (?) 1877. Now comes M. C. GROVER (?) and files an inventory of the community property of himself and his deceased wife M. S. GROVER (?) and it appearing to the court that the same is correct was ordered approved and Recorded.

 

M. C. GROVER(?)

Community Est. Monday March 19th 1877

of MARY S. GROVER (?) Now comes M. C. GROVER (?) and files his bond in the community Est. of himself and his deceased wife MARY S. GROVER and it appearing to the court that the same is correct and sufficient bond as approved and recorded.

 

Community Estate of Monday March

L. T. & M. C. WILLIAMS 19TH 1877

Now come L. T. WILLIAMS and files his bond for approval in the Community Estate of himself and his deceased wife it appearing to the court that the same…

 

Page 146

 

…is a good and sufficient bond it is approved and ordered recorded.

 

Community

Est. of Monday March

L. T. & M. C. WILLIAMS 19th 1877

Now comes L. T. WILLIAMS and files his inventory of the community property of himself and his deceased wife, which appearing to the court to be correct was ordered approved and recorded.

 

W. R. SHORT

Admr. Monday March

Est. JOHN DEER Decd. 19th 1877.

Now comes W. R. SHORT administrator of the Estate of JOHN DEER Deceased and files his reports of sale of the property belonging to said Estate (for approval) and it appearing to the Court that the same was made according to law & in conformity with an order of this court & was in all thing correct, ordered that the same be approved & Recorded.

 

JOHN S. RIKE

Guardian Monday March

Est. H. P. HORTON Lunatic 19th 1877

Now on this day comes JOHN S. RIKE guardian of the Estate of H. P. HORTON a Lunatic and makes his final report of the condition of said Estate, and the matters and things being fully understood by the court it is approved and [the] guardian discharged on filing proper vouchers showing that he has disposed of all Estate in his hands as required by law.

 

L. C. SMITH

Guardian

Minor Heirs of GOOCH Mch.. 19th 1877

 

 

Page 147

 

Now on this day comes L. C. SMITH guardian of the minor heirs of GOOCH and files his inventory and appraisal of the property belonging to the estate of said minors and it appearing to be correct was approved and ordered to be recorded.

 

F. M. DAVIDSON

Admr. Monday

Est. J. VANCLEVE Decd. Mch. 19th 1877

Now comes F. M. DAVIDSON administrator of the Estate of J. VANCLEVE Deceased and files the inventory and appraisement of said Estate which appearing to the Court to be in all things correct was approved and ordered recorded.

 

Now on this day comes on to be heard the petition of fifty five free holders citizens of Collin county praying for an order for an Election in the Hog Goat & Sheep law approval August 15, 1876 within the following boundaries in said county to wit: Beginning road crossing on East Fork near the Sherley’s Spring Thence to Mellison (?) in a straight line including said turn thence into South line of the Bahf (?) Survey to JACK ROBERT’s including him Thence to CRIB (?) RIFFE’s including him thence due north to the county line opposite BOB WATT’s including him, Thence in a strait (sic) line to Wm. MORTON’s including him, Thence in a direct line to where the Weston Road crosses Hurricane Creek, Thence with said creek to East Fork, Thence into East Fork to the beginning. And the matters and things in said petition being fully understood by the court it is ordered that the prayer be granted and that an Election be ordered in accordance with said petition to be holden on the 21st day of April 1876 at Melissa…

 

Page 148

 

..with T. M. SCOTT as presiding officer and at WYSONG’S m_le (mall?) with C. H. WYSONG as presiding officer and that notice of the such (?) be given by publication four weeks in the McKinney Enquirer.

 

M. E. STOGSDILLE

Admrx. Monday March 19th

Est. J. M. STOGSDILLE 1877 Now on this day comes on to be heard the exhibit of Mrs. M. E. STOGSDILLE admrx. of the Estate of J. M. STOGSDILLE decd. of the condition of said Estate and the matters and things therein being fully understood by the court, it is ordered adjudged and decreed by the court the same be in all things approved and that said admrx. pay out the money on hand prorata on the debts allowed & approved prior to the Expiration of twelve months from the date of grant of letters of administration. It is further ordered that the claim of JOHN WARDEN for $99.95 allowed and approved within twelve months therein the said date & which was lost or mislaid when the former prorate payment was paid be paid off and discharged out of the money on hand equally with the other claims allowed and approved as aforesaid it is further ordered that said admrx. pay to THROCKMORTON BROWN & BRO. attorneys their fees 10% per cent on $575.22 after deducting 5% on the same paid to said admrx. amount credited on Judgt. In District court Collin Co. in from said Estate vs. C. R. HARRIS heretofore reported amt. (?) the money now on hand.

 

V. H. ALLEN

Admr. Monday March 19th 1877

Est. M. W. ALLEN Now on this day came on to be heard the application of MRS. V. H. ALLEN admrx. of the Estate of M. W. ALLEN decd. for an…

 

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…order to sell the following described lands of said Estate to pay debts to wit 320 acres of land the C. BROWN survey and an undivided ¼ interest in 640 acres WM. L. MANN survey and an undivided ¼ interest in 240 acres JOHN C. YATES survey all situated in Tarrant Count and the matters & things being heard and fully understood by the court it is ordered adjudged and decreed by the court that the same be in all things approved and said admx. proceed to sell at the Court House door in the town of Fort Worth in Tarrant County at Public out cry to the highest bidder on a credit of twelve months after advertising the same twenty days prior to the sale day as required by law on the 1st Tuesday in the month and within legal hours the aforesaid 320 acres C. BROWN survey and an undivided ¼ interest in said 240 acres the JOHN C. YATES survey taking notes bearing 10% interest with good personal security & mortgage on the land to secure the payment of the purchase money and it is further ordered that said admrx. proceed to sell at private sale the undivided ¼ interest in the said 640 acres WM. L. MANN survey on a credit of twelve months taking notes bearing 10% interest with good personal security & mortgage in same to secure the payment of the purchase money & report her action to this court.

 

W. P. POLLY

vs. Monday March

Est. LUCINDA LACY Decd. 19th 1877

Now on this day comes W. P. POLLY by his attorney and asks the court to dismiss this cause and the matters and things being fully understood by the court it is ordered that this cause…

 

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…be dismissed upon his leaving a certified copy of the original papers.

 

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

 

Tuesday morning nine o’clock March 20th 77 court met pursuant to adjournment.

 

D. B. MYLIE

vs. March 20th 1877

Est. JOEL D. FORD Decd. Now on this day comes D. B. MYLIE and prays the court to be appointed administrator of the Estate of JOEL D. FORD deceased and the matters and things being fully understood by the court and it appearing that notice has been given as the law requires it is ordered & decreed by the court that D. B. MYLIE be and is hereby appointed admr. of the estate of the said JOEL D. FORD dec. upon his filing a bond in the sum of five hundred dollars with good and approved security and taking the oath prescribed by law.

 

D. B. MYLIE

vs. Tuesday March 20th 1877

Est. JOEL D. FORD Decd. Ordered by the Court that ISAAC McMANN, JOHN STEPHENS and IRA MATTHEWS (?) be and are hereby appointed appraisers of the Estate of JOEL D. FORD deceased.

 

V. H. ALLEN

admrx. Tuesday March 20th

Est. M. W. ALLEN Decd. 1877 Now on this day comes on to be heard the report of V. H. ALLEN admrx. of the Estate of M. A. ALLEN dec. of the sale of an undivided on fourth interest in the following described land at prorate sate to wit situated in Tarrant County…

 

 

 

 

 

 





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