Probate Minutes - 1876-1879 - Volume A-2


 

 

Page 151

 

…begin a survey for 640 acres in the name of WM. L. MANN about 10 miles NE from Fort Worth beginning at the NW Cor[ner] of the CORNER (?) survey Thence W 1950 varas Thence S 1950 varas the NW cor. of the JOHN C. YATES survey of 240 acres & the NE corner of the J. M. GREGORY survey of 160 acres Thence 1950 varas the WB line of the JOHN H. BARLOW 640 acre survey Thence N 1950 varas to the beginning and it appearing to the court that said land sold for its reasonable cash value It is ordered adjudged & decreed that said sale be in all things approved and confirmed & that said admrx. execute to the purchaser a deed for the sum and take note due twelve months after date unto good personaly [personal] security bearing 10% interest per annum and mortgage and the land to secure the payment of the purchase money.

 

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

 

Wednesday morning nine o’clock March 21st 1877. Court met pursuant to adjournment.

 

JOHN JOHNSON

vs. Wednesday March

G. R. HOWELL Et al 21st 1877

Now on this day comes the Plaintiff by his attorney and the defendants being called came not but wholly made default wherefore the said JOHN JOHNSON ought to recover against the said G. R. HOWELL, G. W. FITZHUGH and L. W. SHEPARD his damages by occasion of the premises and it appearing to the court that the cause of action is liquidated and proven by an …

 

Page 152

 

…instrument of writing, It is ordered that the Clerk do assess the damages sustained by the plaintiff and the said Clerk now here having assessed the damages aforesaid at the sum of Four Hundred and thirty & 66/100 Dollars, it is therefore considered by the court that the said plaintiff JOHN JOHNSON do have and recover of the said defendants G. R. HOWELL, G. W. FITZHUGH and L. W. SHEPHARD the sum of four hundred and thirty & 66/100 Dollars with interest thereon at the rate of two per cent per annum together with all 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 costs by them in this behalf incurred.

 

Written in margin: Recd. on this Judgment Seventy dollars—which Should be credited. Thousand (?) Janury. 1st 1877

Febry. 16th 1878 John Johnson

Recd. payment in full of this judgment.

John Johnson

 

C. CONRAD & CO.

vs. Wednesday March 21st

F. BENNENT & CO 1873. (sic)

Now on this day comes the parties by their attorneys and the defendants withdraws the answer by him heretofore filed and says nothing (?) in bar of the plaintiff’s action wherefore the said C. CONRAD & CO. ought to recover against the said T. BENENT (sic) & CO. his damages by occasion of the premises and it appearing to the court that the cause of action is liquidated and proved by an instrument of writing it is ordered that the Clerk do assess the damages aforesaid at the sum of two Hundred and fifty two 81/100 Dollars, it is therefore considered by the court that the said plaintiff C. CONRAD & CO. do have and recover of T. BENNENT and E. WILSON the sum of two hundred and fifty two 81/100 Dollard into interest therein at the rate of 8% per…

 

Page 153

 

…annum together with all cost in this behalf expended and that he have his execution. It is further ordered that Execution issue in favor of the Court against each party respectively for the cost by them in this behalf incurred.

 

BEN W. RHINE

vs. Wednesday March

J. H. HARDRICK 21st 1877.

This day came the plaintiff by his attorney and the defendant having failed to appear and answer in this behalf but wholly made default wherefore the said BEN W. RHINE ought to have and recover of J. H. HARDRICK his damages by occasion of the premises and it appearing to the court that the cause of action is liquidated and proved by an instrument of writing, it is ordered that the Clerk do assess the damaged sustained by the said BEN W. RHINE and the Clerk now here having assessed the damaged aforesaid at the sum of Four hundred and twenty seven & 11/100 Dollars it is considered by the court that the said plaintiff BEN W. RHINE do have and recover of JAMES H. HARDRICK the sum of Four Hundred and twenty seven & 11/100 Dollars gold with interest thereon at the rate of 2 per cent per annum together with all 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 incurred.

 

Written in margin: Recd (?) Oct 26th 1880

Fifty One and 32/100 Dollars

On within Judmet.

J. Z. (?) Lucas Aty. For Deft.

 

 

BEN W. RHINE Wednesday March 21st

vs. 1903 1877

J. M. HERNDON This day comes the plaintiff by his attorney and the de-…

 

Page 154

 

…fendant having failed to appear and answer in his behalf, but wholly made default wherefore the said BEN W. RHINE ought to recover against J. M. HERNDON his damages by occasion of the premises and it appearing to the court that the cause of action is liquidated and proved 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 sustained by said plaintiff at the sum of Three Hundred and sixty Eight Dollars, it is therefore considered by the Court that the said plaintiff BEN W. RHINE do have and recover of the said defendant J. M. HERNDON the sum of Three Hundred and sixty Eight Dollars with interest thereon at the rate of 12 per cent per annum with all cost herein incurred & 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.

 

GINNAN & DURVAL

vs. Wednesday March

W. M. LEE Et al 21st 1877

 

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

 

THOS H. EMERSON & BRO.

vs. Wednesday March

McKINNEY CREGER & BRO. 21st 1877

Now on this day this cause was continued for service

 

F. M. HUNN

vs. Wednesday March 21st

JOHN HALL 1877 Now on this day…

 

Page 155

 

…this cause was dismissed.

 

N. W. PERKINS

vs. Wednesday March

R. H. TAYLOR 21st 1877

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

 

JAMES COLEMAN

Admr. Wednesday March

Est. Wm. C. JACKSON 21st 1877

Now on this day came on to be heard the annual report of JAMES COLEMAN as the administrator of the Estate of WM. C. JACKSON and the matters & things being fully understood by the court & it appearing that notice has been given as the law requires it [is] ordered that the same be approved and recorded.

 

V. H. ALLEN

admrx. Wednesday March

M. W. ALLEN Dec. 21st 1877

Now on this day came in to be heard the annual report of MRS. V. H. ALLEN as the Administratrix of the Estate of M. W. ALLEN Deceased and it appearing to the Court that notice of the same has been given as the law requires and that the same is in all things correct, ordered that the same be approved and recorded.

 

T. [F.?] E. HAYS

vs. Wednesday March 21st

DURETTE E. HENDRIX 1877

Now came on to be heard the application of T. E. HAYS to be appointed guardian of the person and Estate of DURETTE E. HENDRIX a minor and it appearing that notice…

 

Page 156

 

…of the same has been given as the law requires it is ordered by the court that said application be granted and that letters of guardianship issue to him upon his filing a bond in the sum of seven Hundred Dollars in good and approved security & taking the oath required by Law.

 

JOHN P. HUNTER

vs. Wednesday March

ESTES BERRY & CO. 21st 1877

Now came on to be heard the motion of plaintiff to strike out the Defts. answer and the matters & things being fully understood by the court, motion was overruled to which ruling of the Court the Plff. Excepts.

 

J. F BONMAR

vs. ERROR Wednesday March

LEE & OGLESBY 21st 1877

Ordered by the court that this cause be dismissed.

 

JOHN P. HUNTER

vs. Wednesday March

ESTES BERRY & CO. 21ST 1877

Now on this day plaintiff has leave to amend.

 

JOHN P. HUNTER

vs. Wednesday March

ESTES BERRY & CO. 21ST 1877

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

 

D. P. PERRY

vs. Wednesday March

G. T. ARMSTRONG 21ST 1877

Now on this day comes the parties and files the following agree Judgment. 1st (?) writ: It is hereby agreed by the Plaintiff to the…

 

Page 157

 

…Defendants in the above entitled cause that a Judgment for the cost that has accrued in said cause be rendered against both plaintiff and Defendant each party paying one half of the cost and it is further agreed by the parties that any cost that has been paid by either one shall go as a credit for his benefit. March 22nd 1877.

White & Davidson

For Plaintiff

G. T. Armstrong

It is therefore ordered by the Court that plff. & Deft. Each pay one half of the cost in this case incurred and that Execution issue against each party respectively for the cost by them expended in this case in favor of the officers of the Court.

 

J. H. BONMAR

vs. Wednesday March

GEO. ELLISON and 21st 1877

J. W. BROCK Now on this day came on to be heard the above entitled cause and the parties plff. and defts. having waived a Jury the matters and things therein in litigation as well of fact as of law were submitted to the court and it appearing to the court that Plffs. demand (?) is liquidated and proven by an instrument of writing, it is ordered adjudged and decreed by the Court that the Clerk assess the damages and the damages having assessed by the clerk at the sum of thirteen hundred & sixty six & 66/100 Dollars, It is ordered adjudged and decreed that the Plff. J. H. BONMAR have and recover of & from the defts. GEO. ELLISON & J. W. BROCK the said sum of thirteen hundred Sixty six & 66/100 Dollars into interest at the rate of two & one half…

 

Page 158

 

…per cent per month together with all cost in this behalf expended for which let Execution issue and that Execution issue against Each party respectively, in favor of the officers of the court for the cost incurred by them.

 

J. W. BONMAN

vs. Wednesday March

GEO. ELLSON Et al 21st 1877

Now on this day come on to be heard the matter of JAS. L. FLORENCE garnishee (?) in the above cause and it appearing to the court that plff. J. H. BONMAN had recovered Judgment against the defendants GEORGE ELLISON & J. M. BROCK in above cause for the sum of thirteen hundred sixty Six & 66/100 Dollars and it further appearing to the court that the garnishee (?) JAS. L. FLORENCE has failed his answer in said cause under onto oath stating that he is indebted to the Deft. J. W. BROCK in the sum of two hundred & twenty nine Dollars it is therefore ordered adjudged and decreed by the court that Plff. J. H. BONMAN have & recover of & from said garnishee (?) JAS. L. FORENCE the sum of two hundred & twenty nine dollars into interest at the rate of one per cent per month for which let execution issue. It is further ordered that this Judgment be a bar to any recovery on the said claim of said J. W. BROCK against the said JAS. L. FLORENCE & that he have and recover of & from the Plff. J. H. BONMAN his costs in this behalf expended.

 

J. W. BONMAN

vs. Wednesday March

GEO. ELLISON Et al 21st 1877

Now on this day come on to be heard…

 

Page 159

 

…the matter of W. L. MERONY (?) garnishee in the above cause and it appearing to the court that Plff. J. H. BONMAN had recovered Judgment against the defendants GEORGE ELLISON & J. M. BROCK in the above cause for the sum of thirteen hundred sixty six & 66/100 Dollars and it further appearing to the court that the garnishee W. L. MERONY (?) has failed his answer in said cause under oath says that he is indebted to the Deft. J. W. BROCK in the sum of one hundred & twelve & 18/100 Dollars it is therefore ordered adjudged and decreed by the court that Plff. J. H. BONMAN have and recover of & from said garnishee W. L. MERONY (?) the sum of one Hundred & twelve & 18/100 Dollars unto interest at the rate of ten percent per annum for which let Execution issue. It is further ordered that this Judgment be a bar to any recovery in the said claim of said J. W. BROCK against the said W. L. MERONY and that he have and recover of & from the Plff. J. H. BONMAN his cost in this behalf Expended.

 

Now on this day comes the Sheriff of Collin County and returned into Court the list of jurors selected by the Jury Commissioners to serve during the first week of ___(?) term of the County Court of Collin County and all of whom fail to appear and were excused except JOHN JOHNSON, J. C. MOORE and JAMES WOODS who were duly impaneled and sworn to serve during the first week of this court.

 

J. A. MALLON Et al

vs. Monday March 19th 1877

Est. C. & M. MALLON Now on this day this cause coming on for trial and the presiding Judge of this court being disqualified…

 

Page 160

 

…from trying the same by being of kin to one of the defts. by consanguinity in the 3rd degree, it is ordered that the same be transferred to the District Court of Collin County for trial, and that the Clerk of the Court make out and forward to the District Clerk a complete transcript of the same.

 

F. M. BROCK

vs. Wednesday March 21st

DYE & ROSS 1877

Now on this day this cause is continued by consent.

 

JOHN C. EASTON

vs. Wednesday

DANIEL STIFF 21st 1877

Now on this day come on to be heard the above entitled cause and a Jury D____ded by both parties, and the matters and things submitted to the court, and after hearing the evidence and argument of the counsel, It is ordered adjudged and decreed by the Court that the plaintiff JOHN C. EASTON have and recover of the defendant DAVID STIFF the sum of two Hundred and Eighty five Dollars unto interest at the rate of 8 per cent per annum together with all cost in this behalf incurred and that he have his Execution, it is further ordered that Execution issue against Each party respectively for the cost by them in this behalf incurred in favor of the officers of the court.

 

HENRY L. BUSH Et al

vs. Wednesday

Est. O. E. BUSH & D. M. BUSH dec. March 21st

1877

This day came on to be heard the applicant’s petition for a partition and distribution of the residue of said Estate and said applicant’s appearing in…

 

Page 161

 

…person and said W. R. BUSH administrator of said Estate said HARRIET F. BUSH for herself and as guardian of said O. H. BUSH appearing by attorney after hearing been duly cited and it appearing to the court that the following persons are the only heirs at law of said OLIVER E. and D. M. BUSH to wit HARRIET F. BUSH, O. E. BUSH, W. R. BUSH, H. L. BUSH, ED M. BUSH, C. P. BUSH, WICK GRAVES, C. H. P. FUELE, WALTER FUELE and SUSAN E. HERNDON and said HARRIET F. BUSH having in open court disclaimed and waived all title and interest in the real Estate belonging to said Estate and it appearing to the court that the following described tract of land is an undistributed residue of said Estate to wit a tract of land situated in Collin County about Eight miles west of the City of McKinney on the waters of Rowlett’s creek being a portion of 320 acres of land patented to DAVID L. MELTON assignee of THOS. PHILIPS and being a portion of 94 acres of land out of said 320 acres conveyed March 20th 1862 by said DAVID L. MELTON and wife to said OLIVER E. BUSH Beginning at the South East corner of said 94 acre tract on the East boundary line of said 94 acre tract on the East boundary line of said 320 acre tract Thence North 23 chains and 50 links to the North East corner of said 94 acres Thence West south and East to the place of beginning so as to contain 40 acres of land it is therefore ordered and adjudged by the court that the said 40 acres of land be partitioned and distributed among and between said heirs according to quantity and quality as follows to wit to said O. H. BUSH one sixteenth thereof, to said W. R. BUSH

 

Page 162

 

H. L. BUSH, ED M. BUSH, C. P. BUSH, MICK GRAVES and SUSAN E. HERNDON each one fourteenth and one sixteenth to said WALTER FUELE two thirds (?) of one fourteenths and one sixteenth thereof 2/3 (1/4 x1/16) and to said C. H. P. FUELE 1/3 (1/14 X 1/16) one third of one fourteenth and one sixteenth thereof and it is hereby ordered that A. E. QUISENBERRY, J. S. DANELE (?) and DAVID MELTON be appointed commissioners to partition and distribute said land among and between said heirs and to report the same to the next term of this court.

 

E. A. QUISENBERRY

Admr. ERROR

Est. of R. J. QUISENBERRY

 

J. H BONMAN

vs. Wednesday March 21st

LEE & OGLESBY 1877

Now on this [day] this cause was dismissed for want of prosecution.

 

C. C. STEBBINS Wednesday March

(unreadable) 21st 1877

 

In the County Court of Collin County March term A. D. 1877 in the matter of CHARLES C. STIBBINS application for pension, on this day the application for a pension to be granted him by the state of Texas came on to be heard the state of Texas being represented by F. D. PERKINS County attorney of Collin County after hearing the evidence and said (unreadable) is considered adjudged and decreed by the court that said application contains such facts as entitled the applicant under…

 

Page 163

 

…the law to a pension and due notice of the same has been given and that the facts stated in said application are true it is therefore ordered that a certified copy of the said application and a certificate of the court to the (unreadable) of the same issue to the said CHARLES C. STIBBINS.

 

GEO. W. SIMPSON &

W. M. LEE

vs. Wednesday March

J. O. FLACK & 21ST 1877

MARY O. SIMPSON Now on this day came on to be hear the above entitled cause and it appearing to the court that GEO. W. SIMPSON and W. M. LEE have been removed as the administrators of the Estate of MARY S. SIMPSON Decd. and that J. M. BARRIS was appointed in their stead it is therefore ordered and decreed by the court that J. W. BARRIS be made party, plaintiff, as administrator, to this suit.

 

GEO. W. SIMPSON &

W. M. LEE

vs. Wednesday March 21ST

J. O. FLACK & 1877

MARY O. SIMPSON

Now comes JOS. M. BARRIS administrator De Bonis Non of the Est. of MARY S. SIMPSON and says he will no further prosecute this suit. It is therefore ordered by the court that the plaintiff take nothing by this suit and that the Defts. go hence without day and that they have and recover of and from the Estate of MARY O. SIMPSON Dec’d. the cost in this behalf Expended to be paid in due course of administration.

 

Page 164

 

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

 

Thursday morning Mch. 22nd 1877 court met pursuant to adjournment.

 

Now on this day comes the Sheriff of Collin County and returned into court the following named person to wit G. M FITZHUGH, A. B. LEKLE (?), W. R. SHORT, W. M. RAGLIN, I. M. SMITH, R. K. SWAN, JOHN HOGUN, C. H. HEDNICK (?), A. (?) M. INGRUM and J. AARON, L. BROSWELL (?) to serve as Jurors during the first week of this court, who were duly impaneled and sworn.

 

M. A. TAYLOR

vs. Thursday March 22/77

S. C. ANDERSON This day came in to be heard the above entitled cause and the plaintiff having failed to appear and 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 defendant his cost in this behalf expensed and that he have his execution. It is further ordered that Execution issue against each party respectively for the cost by them incurred.

 

CAMERON & PAGE

vs. Thursday March

CITY OF McKINNEY 22nd 1877

Now on this day comes the plaintiffs by their attorneys and moves the court to dismiss the append in this cause and the matters and things being fully understood by the court it is ordered that the same be recorded.

 

Page 165

 

THOS. P. McLEAN

vs. Thursday March

J. L. WHITE 22nd 1877

Now on this day comes the plaintiff by attorney and moves the court to dismiss this cause and the matters and things being fully understood by the court, it is ordered that the same be overruled.

 

D. O. PERRY

vs. Thursday March

STANDFORD JORDAN & DAVIS 22nd 1877

Now on this day came the plaintiff and by attorney and moves the court to dismiss this cause and the matters & things being fully understood by the court, it is ordered that the same be overruled to which ruling defts. except.

 

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

 

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

 

Page 166

 

March Term 1877

 

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

 

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

 

Ordered that court adjourn until Monday morning nine o’clock.

 

Monday Morning March 26th 1877 Court met pursuant to adjournment.

 

H. W. LONG

vs. Monday March

Est. THOS. ADAMSON Dec. 26th 1877

Now on this day this cause was continued by Plff.

 

Written in margin of the following and across the body of entry: ERROR

 

JOHN COX

admr. Monday March

SUSAN J. STIMSON Dec. 26th 1877

Now on this day came on to be hear the final report of JNO. COX as Executor of the Est. of SUSAN J. STIMSON Decd. and it appearing to the court that notice has been given as the law required, it is ordered that same be approved and recorded upon and Executor discharged from his trust upon his filing vouchers showing all Estate disposed of as required by (unreadable).

 

RACHEL WATTS Application to file inventory of Community Estate

Admrx [marked out] Monday March 26th

Est. GEO. WATTS Dec. 1877

Now on this day this cause was dismissed.

 

Page 167

 

March Term 1877

 

GEORGE A. WILSON

vs. Monday March

Est. GEORGE WATTS Dec. 26th 1877

On this day came on to be heard the application of GEORGE A. WILSON to be appointed administrator of the Est. of GEO. WATTS Deceased and it appearing to the Court that notice has been given as the law requires, it is ordered that said application be granted and that letters of administration issued to him upon his filing a bond in the sum of twenty eight thousand Dollars with good and approved security and taking the oath required by law.

 

GEO. A. WILSON

vs. Monday March 26th

Est. GEO. WATTS 1877

Ordered by the court that J. D. PAGE, J. S. HEARD and F. J. CLOYD be appointed appraisers of the Estate of GEO. WATTS Decd.

 

P. W. BALDWIN

Guardian Monday March

MARTHA D. BALDWIN Minor 26th 1877

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

 

JOS. W. BARNES

Guardian Monday March 26th

M. REBECCA HUFFMAN 1877

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

 

 

JOS. W. BARNES

Guardian Monday March

M. AMANDA HUFFMAN 26th 1877

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

 

Page 168

 

March Term 1877

 

J. L. LOVELADY

Guardian Monday March

Est. S. C. MARSHALL Minor 26th 1877

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

 

WM. SHUMATE (?)

vs. Monday March 26th

R. F. ROBINSON 1877

Now on this day came to be heard the motion of the defendant to dismiss the appeal in this cause and the matters and things being fully understood by the court, it is ordered & adjudged by the court that said appeal be dismissed and that writ (?) procedure do issue to F. M. BONDS requiring & commanding him to proceed to Execute his said Judgment it is further ordered by the Court that WM. SHUMATE pay all cost accrued in this court for which let execution issue.

 

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

 

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

 

A.M. INGRAM

vs. Tuesday March 27th 1877

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

 

Now on this day comes the sheriff of Collin County and returns into court the following Jury list to serve during the 2nd week, to wit SAM ANDERSON, R. K. SWAN, S. D. HEARD, CHAS. McKINNEY, F. M. HILL and J. P. DANELL who were duly impaneled and sworn.

 

Page 169

 

March Term 1877

 

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

 

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

 

CAMERON & PAGE

vs. Wednesday March

CITY OF McKINNEY 28th 1877

Now on this day this cause coming on for trial and a Jury being demanded there came a Jury of six good and lawful men R. K. SWAN and 5 others and after being duly impaneled and sworn and after hearing the evidence argument of counsel and charge of the court retired to consider their verdict and after 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.

 

J. H. BONMAN

Guardian Wednesday March

J. J. RUSSELL minor 28th 1877

Now on this day come on to be heard the annual report of J. H. BONMAN guardian of the Estate of J. J. RUSSELL minor of the condition of said Estate and it appearing to the court that notice of the same has been given according to law, it is ordered that same be approved and recorded.

 

Now on this day comes the Sheriff of Collin County and returns into Court the following Jury list L. GREMAN, PHILIP SMITH, C. W. McKINNEY, J. R. CUMMINGS, G. W. EASTIS, and C. D. BATES to serve as Jurors in this Court and who were duly impaneled and sworn.

 

Page 170

 

March Term 1877

 

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

 

Thursday March 29th 1877 Court met pursuant to adjournment.

 

V. H. ALLEN

vs. Thursday March 29th

Est.. M. W. ALLEN Dec. 1877

Now on this day came on to be heard the exhibit of Mrs. V. H. ALLEN admx. of the Estate of M. W. ALLEN deceased and the matters and things therein being fully understood by the court it is ordered adjudged and decreed that the same be in all things approved and it further appearing to the court that V. H. ALLEN paid once [one?] certain note dated Feby. 5/1874 executed by M. W. ALLEN deceased to BOARD NEMY & WELCH for the sum of 60$ the sum of $55 40/00 and also paid an account due to SHAW & PORTWOOD the sum of 196$ both of said claims property chargeable against the Estate of M. W. ALLEN deceased, it is ordered adjudged and decreed that said V. H. ALLEN be subrogated to aleiter (?) rights of said BOARD NEMY & WELCH and SHAW and PORTWOOD in the aforesaid claims in the amount paid by her upon each and that she have and receive equally into other creditors of the same class on said amounts in any payment which may be made by said Estate.

 

JNO. C. EASTON

vs. Thursday March

DAVID STIFF 29th 1877

Now on this day came on to be heard the defendants motion for a new trial and the matters and things being fully understood by the court it was overruled to which…

 

Page 171

 

March Term 1877

 

…ruling defendant excepts and gives notice of a appeal to the court of appeals.

 

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

 

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

 

EMMA F. & J. M. LEE

vs. Friday March

T. T. BRADLY guardian 30th 1877

Minor heirs of J. S. & C. BRADLY Decd. Now on this day this cause was continued by consent.

 

T. T. BRADLY

Guardian Friday March 30th

WILLIAM BRADLY minor 1877

Now on this day this cause was continued by consent.

 

T. T. BRADLY

Guardian Friday March 30th

Est. MARY BRADLY Minor 1877

Now on this day this cause was continued by consent.

 

Note: Entry below is out of order

 

JNO. COX

Executor Wednesday March 28th

S. J. STIMSON Decd. 1877

Now on this day came into be heard the application of JNO. COX Executor of the last will and testament of SUSAN J. STIMSON deceased for final settlement of said Estate…

 

Page 172

 

March Term 1877

 

…and it appearing to the court that legal notice had been given of the filing of said application and that said report was correct, it is ordered that distribution be made by said Executor in the manner required by the will of SUSAN J. SIMPSON (sic) and to the person entitled to receive the same thereunder and upon the filing of receipts from the legatees named in said will of their shares of said Estate that the said administration be closed and the said JOHN COX Executor be discharged from his trust and from the said Executor having filed in this court receipts in full from the legatees named in said will and of their shares respectively of said Estate it is therefore ordered adjudged and decreed by the court that said administration be closed and that said Executor be discharged from his trust.

 

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

 

Saturday morning court met pursuant to adjournment.

 

Now comes J. M. BENGE Clerk County Court of Collin County and makes the following report of the Jurors who have served at the present term of this court the number of days served by each and the amount due them and the amount of money received and distributed (?) by him since his last Report to wit

 

Names of Jurors

No. of days

Amount

JOHN JOHNSON

3

6.00

J. C. MOORE

3

6.00

JAMES WOODS

4

8.00

A.M. INGRAM

2

4.00

JOHN MORGAN

2

4.00

 

Page 173

 

March Term 1877

LEE BRAZWELL

2

4.00

I.W. (?) SMITH

2

4.00

W. M. RAGLIN

2

4.00

J. AARON

2

4.00

SAM ANDERSON

2

4.00

J. P. DOWELL

2

4.00

R. K. SWANN

2

4.00

O. W. McKINNEY

2

4.00

C. D. BATES

2

4.00

J. R. CUMMINGS

2

4.00

LOUIS GRESMAN

2

4.00

PHILIP SMITH

2

4.00

S. D. HEARD (?)

2

4.00

F. M. HALL

2

4.00

G. W. EASTIS

2

4.00

 

That I have paid out the following amount to wit:

 

Paid JOHN JOHNSON

Juror

1.00

J. C. (?) MOORE

1.00

JAMES WOOD

1.00

I. M. SMITH

1.00

W. M. RAGLIN

1.00

J. AARON (?)

1.00

 

 

1.00

 

And that I issued certificates to the balance for the amount due them and that I have received no money since my last report. Bal[ance] on hand at my last report……………………………………………………………………………10.50

Paid out to Jurors at Present term………………………………………………………………………………………..7.00

Bal[ance] on hand……………………………….3.00

All of which is Respectfully submitted.

J. M. Benge Clerk

 

 

J. R. O’BRIEN

vs. Thursday March 29/1877

W. L. BOYD Et al Now on this day came on to be heard the above entitled cause and both parties by their attorneys announcing ready for trial thereupon came….

 

Page 174

 

A Jury of good and lawful men G. W. EASTIS & five others who being duly impaneled and sworn well and truly to try the issues between the parties in this suit who after hearing the evidence in this cause argument of counsel & charge of the court returned into court the following verdict, we the Jury find for the plaintiff twenty five dollars with interest from July 1875 to date at 8 % per annum G. W. EASTIS, Foreman. It is therefore ordered adjudged and decreed by the court that the plaintiff do have and recover of the defendants W. L. BOYD, Z. E. RAMEY, I. D. NEWSOME, JAS. W. THROCKMORTON, F. P. T. McLEAN (?) and JNO. S. HEARD (?) the sum of twenty Eight dollars and it appearing to the court that this cause was appealed to this court from the Justice court of Precinct no. 1 Collin County and that the amount of the Judgment in this court was less than that in the Justice court it is therefore ordered and decreed by the court that the Judgment be and is hereby rendered against the plaintiff for the amount of cost in this Court and that the plaintiff recover of the said defendants all of the cost accrued in the Justice Court for which said several sum of money let execution issue, it is further ordered that execution issue against each party respectively for the cost in this behalf incurred in favor of the officers of the court.

 

WILLIAMS & REESER

vs. Thursday March 24th

STANDFORD JORDAN & DAVIS 1877

Now on this day this cause coming on for trial and both parties appearing by attorneys and announcing ready for trial and a Jury being demanded there came a Jury of six good and lawful men to wit J. AARON and five others who were impaneled and sworn and who after hearing the evidence argument of counsel and charges of the court returned to consider the verdict…

 

Page 175

 

…and after mature deliberation returned into court the following verdict to wit “We the Jury find for the plaintiff the sum of one hundred and thirty four dollars.” J. AARON, Foreman. It is therefore ordered adjudged and decreed by the court that plaintiffs WILLIAMS and REESER do have and recover of the defendants WM. STANDFORD, A. JORDAN and J. M. DAVIS the sum of one hundred and thirty four dollars and all cost of suit and that they have their execution to be leived upon the firm of the property of said defendants and in default of such property to be levied upon the private property of said WM. STANDFORD, ALFRED JORDAN and JOHN M. DAVIS. It is further ordered that Execution issue in favor of the officers of the court against each party respectively for the cost of them in this behalf incurred.

 

 

WILLIAMS & REESER

vs. March 31st 1877

STANDFORD JORDAN & DAVIS

Now on this day came on to be heard the defendants motion for a new trial in this cause and the motion and things being fully understood by the court it is ordered that the same be recorded.

 

Ordered that Court adjourn until Saturday April 7th 1877.

 

Page 176

 

Saturday Evening April 7th 1877 Court met pursuant to adjournment.

 

Ordered that court adjourn until court in course.

T. C. Goodner

Co. Judge

 

Be it remembered that the following proceedings were had in vacation by the County Judge in this May 17the 1877.

 

Ex parte

A.T. JOHNSON Thursday May 17th 1877

A Lunatic Information in writing having being (unreadable) me T. C. GOODNER Co. Judge of Collin County that A. T. JOHNSON is a lunatic and the welfare of himself and others require that he be place(d) under restraint, I therefore in the 17th day of May 1877 caused the said A. T. JOHNSON to be brought before me and twelve good and competent Jurors to be summoned and sworn according to law and (unreadable) verdict to render. Who upon hearing the evidence returned the following verdict to wit: We the Jury find that A. T. JOHNSON is of unsound mind and recommend that he be placed under restraint. The Jury further finds that the said A. T. JOHNSON is possessed of property to the amt. of two Hundred Dollars. The jury also further finds that his mother is legally liable for his support after his other means all exhausted but that his mother is unable to bear the expense of his support.

W. L. BERYL Foreman

It is therefore ordered by the Court that the said A. T. JOHNSON be placed under restraint until information can be had from the superintendant of the Lunatic…

 

Page 177

 

…asylum as to wheather (sic) he can take him in or not.

T. C. Goodner

Co. Judge

 

 

The State of Texas

Collin County Be it remembered that there was begun and holden and the Court House in the City of McKinney on Monday May 21st 1877 (it being the 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:

 

A.H. WEAVER Monday

Admr. May 19th 1877

G. R. MARTIN Dec. Now on this day this cause was continued.

 

D. B. WYLIE Monday

Admr. May 21st 1877

Est. JOEL D. TODD Decd. Now on this day comes D. B. WYLIE and files his bond as administrator of the Estate of JOEL D. TODD decd. and it appearing to the court that the same is a good and sufficient bond, It is approved and ordered recorded.

 

D. B. WYLIE

Admr. Monday May

Est. JOEL D. TODD Dec. 19th 1877

Now on this day comes D. B. WYLIE and files inventory and appraisement…

 

Page 178

 

…of the Estate of JOEL D. TODD deceased and it appearing to the court that the same is in all things correct it is ordered approved and recorded.

 

H. W. LONG

vs. Monday May 19th

SALLIE M. McCOY Et al 1877

Now on this day this cause was dismissed.

 

B. S. KING Monday May 19th

Admr. 1877

Est. S. P. LEWIS decd. Now on this day came on to be heard the application of B. S. KING administrator of the Estate of S. P. LEWIS deceased for the final settlement of said Estate and it appearing to the court that due and legal notice had been given of the filing of said application for final settlement and it further appearing that none of the heirs of the said S. P. LEWIS have appeared in this court to claim what might be coming to them from said estate and that none of said heirs are represented in said court that no one entitled to receive the residue of said estate has made application fore the same, It is therefore ordered adjudged and decreed by the court that the said administrator B. S. KING be required to turn over to the treasurer of the State of Texas the sum of thirteen and 57/00 dollars that being the amount of funds belonging to said Estate now in the hands of the administrator aforesaid.

No entry for the below Stimson names:

 

D. M. STIMSON

vs.

Estate of ISAAC STIMSON dec.

 

Page 179

 

G. W. COFFMAN

Guardian Monday

PHILIP DRAMGOOLE a Lunatic May 21st 77

Now on this day comes G. W. COFFMAN and files his final report as guardian of PHILIP DRAMGOOLE a lunatic and it appearing to the Court that notice has been given as required by law, and the matters and things contained in said report being fully understood by the court, it is ordered the same be approved and the guardian be discharged of his trust.

 

GEO. A. WILSON

Admr. Monday May

Est. GEO. WATTS decd. 19th 1877

Now on this day comes GEO. A. WILSON and files his bond as administrator of the Estate of GEO. WATTS decd. which appearing to the Court to be a good and sufficient bond it is ordered that the same be approved and recorded.

 

I.P. HOWARD Monday May

vs. 19th 1877

Est. E. B. HOWARD Now on this day comes plaintiff I. P. HOWARD by attorney begs leave to amend his petition filed in this cause & the same being understood by the court was granted.

 

Page 180

 

I.P. HOWARD

vs. Monday May

Est. E. B. HOWARD 19th 1877

Now on this day came on to be heard the application of I. P. HOWARD to be appointed administrator of the Estate of E. B. HOWARD deceased, and it appearing to the court that notice has been given as the law requires, it is therefore & decreed by the court that said prayer be granted and that letters of administration issue to him upon his filing a bond with good and approved security in the sum of ($8000.00) Eight Thousand & taking the oath required by law.

 

I.P. HOWARD Monday May

vs. 19th 1877

Est. E. B. HOWARD Ordered by the court that L. M. TALKINGTON, H. J. SCOTT and R. F. SCOTT be appointed appraisers of the Estate of E. B. HOWARD deceased.

 

JOHN HAVILL(E)

vs. Monday May 19th 1877

JOHN F. HAVILLE Now on this day came on to be heard the application of JOHN HAVILL(E) to be appointed guardian of the person and Estate of JOHN HAVILL(E) a minor and it appearing to the court that notice has been given according to law, it is ordered that said prayer be granted and that letters of guardianship issue to him upon his filing a bond with good and approved security in the sum of ($1200.00) twelve Hundred dollars & taking the oath as the law required.

 

F. C. HAYES Monday May 19th

Guardian 1877

DURETTA E. HENDRIX Now on this day comes F. E. HAYES guardian of the…

 

Page 181

 

…person and Estate of DURETTA E. HENDRIX a minor and files his bond, which appearing to the court to be a good and sufficient bond, was approved and recorded.

 

NANNIE J. HOUGHTON Monday May

Guardian 21st (sic) 1877

J. W. JONES Minor Now on this day this cause was continued by operation of law.

 

 

NANNIE J. HOUGHTON Monday May

Guardian 21st 1877

J. W. JONES minor Now on this day this cause was continued by operation of law.

 

 

WM. BARKER Monday May 21st

Guardian 1877

Est. A. J. BARKER Now on this day comes WM. BARKER and files his inventory & final report of the estate of A. J. BARKER a minor and it appearing to the court that notice has been given according to law, it is ordered that the same be approved & it appearing that said guardian has disposed of all the property in his possession it is therefore ordered that he be discharged of his trust & that the guardianship be closed.

 

WM. BARKER Monday May 21st

Guardian 1877

Est. W. J. M. BARKER Now comes WM. BARKER & files his inventory of the estate of W. J. M. BARKER a minor which appearing to the court to be in all things correct was ordered approved and recorded.

 

Page 182

 

D. M. STIMSON

vs. Monday May

Est. ISAAC STIMSON decd. 21st 1877

In the matter of the last will of ISAAC STIMSON deceased. Upon hearing the petition of D. M. STIMSON for probate of a certain instrument of writing non produced in Court purporting and alledged (sic-alleged) to be the last will of ISAAC STIMSON deceased and for letters testamentary therein and examining the affidavit of M. L. BRIGHT a witness to said will which said affidavit was made in open Court & which is filed in the papers of this cause, it is ordered and decreed that said instrument of writing be approved and recorded as the last will and testament of the said ISAAC STIMPSON (sic) deceased and that said affidavit aforesaid be also recorded with said will, it is further ordered that letters testamentary thereon be issued to D. M. STIMSON upon his filing a bond with two or more sureties in the sum of twelve thousand Dollars and taking the oath prescribed by law on or before the 11th day of June 1877.

 

D. M. STIMSON

vs. Monday May 21st 1877

Est. ISAAC STIMSON Ordered by the Court that T. R. MURRAY, R. R. SMART and M. L. BRIGHT be appointed appraisers of the Estate of ISAAC STIMSON deceased.

 

T. A. MOUNTS

vs. Monday May 21st

G. R. COOPER admr. 1877

Est. GEORGE RIGGS Now on this day comes T. A. MOUNTS and prays the…

 

Page 183

 

…Court to be released from the bond of G. R. COOPER administrator of the estate of GEORGE RIGGS Deceased And it appearing to the Court that the said COOPER has had due notice of the same, It is therefore ordered and decreed by the Court that said MOUNTS be released from all responsibility on said bond upon G. R. COOPER filing a good bond with approved security conditioned according to law.

 

B. S. KING I, JAMES W. THOMAS

Admr Post Master at McKinney

Est. S. P. LEWIS decd. Texas do hereby certify that J. M. BENGE Clerk of the County Court of Collin County, Texas has this day mailed to A. J. DORN Treasurer of the State of Texas at Austin a certified copy of an order made at the May term of the county court of said county in the Estate of S. P. LEWIS deceased directing B. S. KING administrator of said estate to pay over to the Treasurer of the state of Texas the sum of Thirteen Dollars and fifty seven cents the amount of money in his hands belonging to said Estate in final settlement.

Witness my hand and official

Signature This 22nd day of May

A.       D. 1877

Jas. W. Thomas P. M.

 

Now on this day came on to be heard the petition of twenty three freeholders citizens of Collin County praying for an order for an election on the Hog goat & sheep law approval August 15/1879, within the following boundaries within said county to wit Beginning at Muddy Creek on the South side of JOHN WHITE’s farm and tract of land thence north along said…

 

Page 184

 

…creek to the west fork of same Thence along said fork to the NE corner of J. SIMMONS farm and tract of land Thence west to McKinney and Beck’s Miles road Thence into said road to MRS. COX’s farm to include said farm Thence south to the SW corner of JOHN WHISNANT’s Cottonwood farm Thence East to include G. HUGELY, JAMES & WILLIAM CHADDICK, R. McMILLAN & H. McMILLAN to place of 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 in accordance with the petition to be holden on the (unreadable) day of July 1877 at the McKinney (?) Court House (unreadable) as presiding officer and that notice of the same be given by publication four weeks in the McKinney Inquirer.

 

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

 

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

 

P. W. BALDWIN Tuesday May

Guardian 22nd 1877

Est. MARTHA D. BALDWIN Now on this day came on to be heard the annual report of P. M. BALDWIN as guardian of the Estate of MARTHA D. BALDWIN a minor and it appearing to the court that notice has been given according to law and that the same is in all things correct it is ordered that the same be in all things approved & recorded.

 

JOS. W. BARRIS

Guardian Tuesday

Est. of M. REBECCA HUFFMAN May 22nd 1877

 

Page 185

 

Now comes JOS. W. BARRIS and files his annual report as guardian of the Estate of M. REBECCA HUFFMAN and it appearing to the court that notice has been given according to law, It is ordered that the same be approved and recorded.

 

JOS. W. BARRIS Tuesday

Guardian May 22nd /1877

Est. of M. REBECCA HUFFMAN Now on this day comes JOS. W. BARRIS and files his annual report of the condition of the Estate of M. REBECCA HUFFMAN a minor and it appearing that notice of the same has been given according to law it is ordered that by the court that the same be approved and recorded.

 

C.J. E. KELLNER Tuesday May 22nd/77

Gudn. (sic)

Est. HEFNER (HEFFNER) Heirs Now on the day came on to be heard the application of C. J. E. KELLNER to resign as guardian of the Estates of HEFNER heirs and it appearing to the Court that notice of the same has been given according to law, and the matters and things contained in said application being fully understood by the court it is ordered and decreed by the court that the same be granted and that he be discharged upon filing vouchers showing all the estate disposed of.

 

W. C. PARKER Tuesday May 22nd

vs. 1877

THOS. & NORA WILSON Now on this day came on to be heard the application of W. C. PARKER to be appointed guardian of the person and estate of THOS. and NORA WILSON minors. And it appearing that…

 

 

Page 186

…notice has been given according to law, It is ordered that the same be granted and that letters of guardianship issue to him upon his filing bond with good and approved securities (for each minor) in the sum of one thousand Dollars conditioned according to law and taking the oath prescribed by law.

 

JOSEPH W. BARRIS Tuesday May

vs. 22nd 1877

Est. MARY A. SIMPSON Now on this day comes on to be heard the application of JOS. W. BARRIS to be appointed guardian of the person and Estate of MARY A. SIMPSON a minor And it appearing to the court that notice has been given according to law, It is ordered by the court that said prayer be granted and that Letters of guardianship issue to him upon his filing a bond with good and approved security in the sum of ($2000) Two Thousand Dollars Conditioned according to law, and taking oath required by law.

 

JOS. W. BARRIS Tuesday May 22nd

vs. 1877

Est. N. BELLE SIMPSON Now on this day come on to be heard the application of JOS. W. BARRIS to be appointed guardian of the person and Estate of N. BELLE SIMPSON and it appearing that notice has been given according to law, It is therefore ordered by the court that said application be granted and that letters of guardianship issue to him upon his filing a bond with good and approved security conditioned according to law, & taking the oath required by law.

 

Page 187

 

LIZZIE SMOOT

Guardian Tuesday May

Est. W. E. & J. B. SMOOT minors 22nd 1877

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

 

J. P. HOWARD Tuesday May

admr. 22nd 1877

Est. E. B. HOWARD dec. Now on this day comes J. P. HOWARD and files his bond as administrator of the Estate of E. B. HOWARD and it appearing to the court that the same is a good and sufficient bond it is ordered that the same be approved and recorded.

 

MARY ENLOE Tuesday May 22nd

vs. 1877

Est. J. M. ENLOE dec. Now on this day comes MARY ENLOE and presents her applications for the probate of the last will and testament of J. M. ENLOE dec’d and said will being produced and recd. in open court and it appearing that MARY ENLOE were (sic) appointed as executrix of said will and JAS. LAF. (?) LESLIE one of the subscribing witnesses to said will coming into open court and being sworn says that JN. ENLOE on the 18th day of February 1876 being at the time of sound mind in the presence of the affiant caused E. B. ROLLINS by his direction to sign the within and foregoing will for him in his presence & in presence of affiant and that said deceased sign[ed] said will in presence of himself & said ROLLINS as witnesses and that said deceased was over the age of 21 years old and that he decd. said ROLLINS were, at said date over 94 years old, and it appearing to the…

 

Page 188

 

…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 that said will be admitted to probate And that said MARY ENLOE be appointed executrix of said Estate and that she file an 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 9 o’clock court met pursuant to adjournment.

 

NATHAN W. PERKINS

1850 vs. Wednesday Mary

R. H. TAYLOR 23rd 1877

This day came the plaintiff by his attorney and the defendant having failed to appear and answer in this behalf but wholly made default wherefore the said NATHAN W. PERKINS ought to recover of the defendant R. H. TAYLOR his damages by reason of the premises 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 do assess the damages sustained by plaintiff and the said Clerk now here having assessed the damages aforesaid at the sum of ($481.25) Four hundred & Eighty one dollars and twenty five cents it is therefore considered by the Court that the plaintiff do have and recover of the said plaintiff the sum of Four hundred and Eighty one Dollars and twenty five cents with interest there on at the rate of 10 per cent per annum…

 

Page 189

 

…from this date together with his cost in this behalf expended and that he have his execution therefore. 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. And it appearing to the court that a writ of attachment issued in this cause on the 8th day of May A. D. 1876 by the Sheriff of Collin County levied upon the following described property of the defendant to wit a stock of boots shoes Hats and dry Goods valued at Four Hundred and forty one Dollars & five cents which said property is in the possession of the sheriff of Collin County, never having been repleried (?). It is therefore ordered adjudged and decreed that the attachment lien on said stock of goods be foreclosed and that the Clerk of this court do issue an order of sale directed to the sheriff of Collin County commanding him to sale (sic) the above described property now (?)much thereof as may be sufficient to satisfy the Judgment rendered in this cause.

 

Statement of facts proven in the case of N. W. PERKINS, R. H. TAYLOR on which this Judgment is founded:

One certain promissory note to wit:

$430.98 (?) St. Louis

November 16th 1875 Four months after

Date I of Lebanon County

Of Collin State of Texas promise to pay to NATHAN W. PERKINS or order Four Hundred thirty 98/100 Dollars for value received with interest after maturity at the rate of ten per cent per annum payable THOS. H. EMERSON & BROS. BANKERS.

 

Page 190

 

McKinney Texas

Due March 16th R. H. TAYLOR

 

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

 

Wednesday May 23rd 1877 court met pursuant to adjournment.

 

Now on this day come the Sheriff of Collin County and returns into Court the Jury selected by the Jury commissioners to serve during the 1st week of the county court, Mary term, and all were excused and sailed to appear except J. H. LOVEJOY, the court then ordered the sheriff to summon a sufficient number of good and lawful men qualified under the law to fill the vacancies. The sheriff then returned into court the following list, JAMES WOOD, L. J. POWELL, H. HAMILTON, JOHN DUGGER, R. K. SWAN, H. HARBERSON, LEWIS NEW, W. A. WARDEN, W. B. CARTER, FRANK MADDOX and FRANK DOWELL, who were duly impaneled and sworn to serve as Jurors for the balance of this week at the present term of this court.

 

GRIMMAN and DUVAL Wednesday May

1899 vs. 23rd 1877

W. M. LEE Et al This day came the plaintiffs by their attorneys and the defendants having failed to appear and answer in this behalf but wholly made default wherefore the said GRIMMAN & DUVAL ought to recover against the said W. M LEE and J. J. VANCE his damages by occasion of the premises And it appearing to the court that the cause of action is liquidated and proven by an instrument of…

 

Page 191

 

…writing it is ordered that the Clerk do assess the damages sustained by [the] Plaintiff and the said Clerk now here having assessed the damages aforesaid at the sum of $233.20 Two Hundred and thirty three 20/100 Dollars. It is therefore considered by the court that the said plaintiff do have and recover of the said defendants the sum of Two hundred and thirty three and 20/100 Dollars with interest thereon at the rate of ten per cent per annum together with his cost in this behalf expended and that he have his execution. It is further ordered that execution issue in favor of the officers of the court against each party respectively for the cost by them in this behalf incurred.

 

A.HARRIS & BROS.

1905 vs. Wednesday

B.C. WOOD & CO. May 23rd 1877

This day came the plaintiffs by their attorneys and the defendants having failed to appear and answer in this behalf but wholly made default wherefore the said A. HARRIS & J. HARRIS ought to recover against the said R. C. WOOD, P. W. BALDWIN and J. A. P. FERRIS (FARRIS?) their damages by occasion of the premises 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 do assess the damages sustained by plaintiff and the said Clerk now here having assessed the damages aforesaid at the sum of ($630.34/100) Six hundred & thirty Six 34/100 Dollars. It is considered by the Court that the said plaintiffs do have and…

 

Page 192

 

…recover of the said defendants the sum of Six Hundred and thirty six & 34/100 Dollars with interest thereon at the rate of 12 per cent per annum together with all cost in this behalf expended and that he have his execution. And it appearing to the court that plaintiffs A. HARRIS & BROS. filed a bond for cost in this cause with W. H. PETTIT as surety. It is therefore ordered and decreed by the court that execution issue in favor of the officers of the court against said principals & surety on said bond for the cost in this behalf by them incurred.

 

GEO. A. WILSON

vs. Wednesday May

W. C. CREAGER Et al 23rd 1877

Now on this day plaintiffs have leave to amend.

 

JOHN P. HUNTER

vs. Wednesday May 23rd

ESTES BERRY & CO. 1877

Now on this day plaintiffs have leave to amend.

 

JOHN P. HUNTER

vs. Wednesday May 23rd

ESTES BERRY & CO. A. D. 1877

Now on this day this cause was continued by consent.

 

CAMERON & PAGE

1902 vs. Wednesday May

CITY OF McKINNEY May 23rd 1877

Now on this day comes the plaintiffs by their attorneys and moves the court to reconsider & set aside its Judgment heretofore rendered in this cause overruling (?)...

 

Page 193

 

…plaintiff’s motion to dismiss plaintiff’s appeal and strike said cause from the docket. And the matters and things being fully understood by the court, It is therefore ordered that the same be overruled.

 

CAMERON & PAGE

1902 vs. Wednesday

CITY OF McKINNEY May 23rd 1877

This day came the parties (?) by their attorneys and says they will no further prosecute this suit. It is therefore considered by the Court that the plaintiff take nothing by their suit and that the defendants go hence without day and that they have and recover of the plaintiff their cost in their behalf expended and that he have his execution. It is further ordered that execution issue in favor of the officers of court against each party respectively for the cost by them in this behalf incurred.

 

JOS. W. BARRIS Wednesday

Admr. May 23rd 1877

Est. MARY S. SIMPSON Dec. Now on this day came on to be heard the application of JOS. W. BARRIS administrator of the Estate of MARY S. SIMPSON decd. and guardian of the person & Estates of MISSES MARY and N. BELLE SIMPSON for an allowance for the support and maintenance of said minors out of the estate of said MARY S. SIMPSON dec’d and said application having been duly considered by the court, It is ordered by the court that said application be granted and the said JOSEPH W. BARRIS administrator as aforesaid is hereby ordered directed and…

 

Page 194

…authorized to pay out of any moneys in his hands or that may come into his hands as said administrator the sum of One hundred and fifty Dollars to each one of the above mentioned minors for their support and maintenance.

 

GEORGE A. WILSON

Admr. Wednesday

Est. GEO. WATTS Decd. May 24th 1877

Now on this day comes on to be heard the application of GEORGE A. WILSON the administrator of the Estate of GEO. WATTS decd. for an allowance to the widow and children of said decedent of the property in Kind belonging to said estate except by law from forced sale And said application having been dully considered it is ordered and decreed that the following property belonging to said Estate and exempt from forced sale be delivered by said administrator to the widow and children of said WATTS deceased to wit: the Homestead consisting of dwelling and lot the Butcher shop Known as north half of lot no. 27 in Block no. 4 in McKinney and the Butcher Penn descitest (?) in the inventory of said Estate as 15 ¾ acres of land out of the WM. DAVIS survey, two head of horses 20 Hogs three Cows & calves and 1 heifer one yearling all household and Kitchen furniture in hand this last mentioned item not being in the inventory and one waggon (sic).

 

J. L. LOVELADY Wednesday May

Guardian 24th 1877

Est. S. C. MARSHALL Minor Now on this day came on to be heard the annual report of J. L. LOVELADY as guardian of the Estate of S. C. MARSHALL minor and it…

 

Page 195

 

…appearing to the court to be correct was ordered approved and recorded.

 

Note: No entry for the following entry:

 

G. A. WILSON

Admr. Thursday May 24th (sic)

Est. GEO. WATTS Dec. 1877

 

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

 

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

 

G. H. WILSON Thursday May

Admr. 24th 1877

Est. GEO. WATTS Decd. Now on this day came on to be heard the application of G. H. WILSON the administrator of the Estate of GEO. WATTS for an allowance for the support and maintenance of the widow and children of said WATTS deceased for the term of one year and the court after hearing the evidence adduced and support of said application directed that the sum of three hundred dollars be set aside for the support and maintenance of said widow and children. It is therefore ordered and decreed that GEO. A. WILSON administrator as aforesaid be and is hereby required to pay over to the widow of the said GEO. WATTS decd. the sum of three Hundred dollars out of any money in his hands belonging to said Estate.

 

G. A. WILSON Wednesday

Admr. May 23rd 1877

Est GEO. WATTS Decd. Now on this day comes G. A. WILSON and files the inventory and appraisement of the estate of GEORGE WATTS Deceased and it…

 

Page 196

 

…appearing to the court that the same is correct it is ordered that the same be approved and recorded.

 

G. A. WILSON

Admr. Thursday May 24th

Est. GEO. WATTS. Decd. 1877

Ordered Court Adjourn until tomorrow morning o o’clock.

 

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

 

G. A. WILSON Thursday May

Admr. 24th 1877

Est. GEO. WATTS Decd. Now on this day came G. A. WILSON administrator of the Estate of GEO. WATTS for an allowance for the support and maintenance of the widow and children of said WATTS deceased for the term of one years and the court after hearing the evidence adduced and support of said application direct that the sum of three hundred dollars be set aside for the support and maintenance of the widow and children. It is therefore ordered and decreed that GEO. A. WILSON administrator as aforesaid be and is hereby ordered (?) to pay over to the widow of GEO WATTS decd. the sum of three Hundred Dollars out of any money in his hands belonging to said Estate.

 

G. A. WILSON Wednesday

admr. May 23rd 1877

Est. GEO WATTS Decd. Now on this day comes G. A. WILSON and files the inventory and appraisement of the estate of GEORGE WATTS Deceased and it…

 

Page 197

 

…appearing to the court that the same is correct it is ordered that the same be approved and recorded.

 

 

J. P. HOWARD

admr. Thursday May

Est. E. B. HOWARD Dec. 24th 1877

Now on this day come J. P. HOWARD admr. [of the] Est. of E. B. HOWARD and files the inventory and appraisement of said Estate, and it appearing to the court that the same is correct it is ordered that the same be approved and recorded.

 

F. M. BROCK

vs. Wednesday May

DYE and ROSS 24th 1877

Now on the day came in to be heard the above entitled cause when the plaintiff and H. DYE one of the defendants filed in open court the following agreement to wit:

And now comes the parties to the above entitled suit and asks the court to dismiss the same the costs of suit to be paid by them equally and each to acquit the other of all indebtedness due from the other at this date, this 22nd May A. D. 1877.

F. M. BROCK

H. Y. (?) DYE

Per JOS. W. BARRIS

It is therefore ordered that this cause be dismissed & that plaintiff & HENRY DYE each pay one (?) half of the cost in this behalf expended for which let execution issue, and that execution issue against each party respectively for the cost by them in this behalf incurred.

 

Page 198

 

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

 

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

 

T. T. BRADLY

Guardian Friday May 25th

Est. WM. BRADLY minor 1877

Now on this day this cause was continued by defendant.

 

T. T. BRADLY Friday May 25th

Guardian 1877

Est. MARY BRADLY minor Now on this day this cause was continued by the defendant.

 

EMMA T. LEE Et al

vs. Friday May

T. T. BRADLY Guardian 25th 1877

Minor heirs of J. S. & C. BRADLY Now on this day this cause was continued by Plaintiffs.

 

E. T. ELKIN Friday May 25th

Guardian 1877

Est. N. J. ELKIN minor Now on this day comes on to be heard the application of E. F. ELKIN guardian of N. J. ELKIN minor heir of W. F. ELKIN a minor due (?) to authorize him to enter into a new contract of rent with J. R. BLACK, J. L. DAVIS for the year 1877 and it appearing to the court that the crop of said BLACK & DAVIS have been matinally (materially?) & senisly (singularly?) injured by the ravages of the grass hoppers and that they are entitled to relief in this particular, It is therefore ordered by the Court that said E. T. ELKIN guardian be and he is hereby authorized to enter into a new contract with said BLACK & DAVIS for the rent of the…

 

Page 199

 

…lands of said Estate for the year 1877 and when entered into the same shall stand in lieu of the original contract heretofore entered into provided this order shall not effect the original contract until a new one shall be made, further ordered that said BLACK & DAVIS each pay one half of the cost of this (unreadable).

 

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

 

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

 

J. H. BONMAN

Guardian Saturday May 26th

Est. J. J. RUSSELL a minor 1877

Now on this day came on to be heard the annual exhibit of J. H. BONMAN guardian of J. J. RUSSELL a minor of the condition of said Estate filed Jan. 2, 1877. And the matters and things therein contained 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. It further appearing to the court that the sum of Eighty Dollars collected from JOE BROWN has been reported and charged to said guardian in the different report to wit Report filed July 18, 1874 & also in Report filed April 10, 1875. It is therefore ordered by the court that said mistake be corrected and the said sum of Eighty dollars be deducted from the amount shown to be on hand by this report and said guardian have credit for the same.

 

Page 200

 

Note: Written in margin: Received of J. M.. Benge County Clerk Five Dollars in full of this Judgment. Abenuh(?) Bros. Plff. Attys.

 

D. M. WADDILL

vs. Saturday May 26th

JAMES GOTHNIGHT (GATHNIGHT?) 1877

Now on this day this cause came on for trial and a Jury being demanded by the defendant, The court ordered the sheriff to summon a Jury of six good and lawful men. The sheriff then returned into court the following jury list to wit: HENRY ESTIS (?), J. H. WOOD, C. C. WILLIAMS, J. L. CURRIN, W. M. WALKER and P. H. BATEMAN who were duly impaneled and sworn to try this cause and 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 plaintiff and assess the damage at five Dollars.

P. H. BATEMAN Foreman

 

It is therefore ordered and decreed by the court that D. M WADDILL do have and recover of and from the defendant JAMES GOTHNIGHT the sum of five Dollars together with all cost of this suit And (unreadable) have his execution. It is further ordered that execution issue against each party respectively for the cost by them in this case incurred.

 

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

 

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

 

W. C. PARKER

Guardian Monday May 28th 1877

THOS. WILSON a minor Now on this day comes W. C. PARKER and files his bond as guardian of the estate of THOMAS WILSON a minor and it appearing…

 

Page 201

 

…to the court that the same is a good and sufficient bond it is ordered that the same be approved and recorded.

 

W. C. PARKER

Guardian Monday May 28th 1877

NORA WILSON Now on this day comes W. C. PARKER and files his bond as guardian of the Estate of NORA WILSON and it appearing to the court that the same is a good and sufficient bond it is ordered that the same be approved and recorded.

 

D. M. STIMSON

Executor Tuesday May 29th 77

Est. ISAAC STIMSON Dec. Now on this day comes D. M. STIMSON and files his bond as executor of the estate of ISAAC STIMSON deceased and it appearing to the court that the bond is a good and sufficient bond ordered by the court that the said be approved and recorded.

 

J. P. HOWARD

admr. Tuesday May 29th

Est. E. B. HOWARD 1877

Now on this day came on to be heard the application of J. P. HOWARD administrator of the Estate of MRS. E. B. HOWARD decd. to sell the perishable property of said Estate and the court after hearing…

 

Page 202

 

…the application and the evidence offered in support thereof ordered that said application be granted. It is therefore ordered and decreed by the court that the said HOWARD administrator aforesaid be and he is hereby authorized and required to sell the following described perishable personal property belonging to said Estate to wit All the household and Kitchen furniture of said Estate, all the cattle of said estate and 400 lbs. of bacon that said sale take place on the 9th day of June 1877 at the residence of the late MRS. E. B. HOWARD decd. and that said administrator made his report of said sale in the time prescribed by law.

 

No entry for the following; there was an entry for Wednesday but the entire entry was marked out.

 

A.M. INGRAM

1722 vs.

G. T. ARMSTRONG

 

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

 

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

 

Entry marked out.

 

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

 

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

 

THOS. H. EMERSON & BROS.

1904 vs. Thursday May

McKINNEY CREAGER & BROS. 30th 1877

Now on this day this cause was continued for service.

 

Page 203

 

L. ADAMSON

Admr. Thursday May 30th

Est. THOS. ADAMSON decd. 1877

Now on this day this cause was continued.

 

G. R. & E. COOPER

admrs. Thursday May

Est. GEO. RIGGS decd. 30th 1877

Now on this day comes G. R. & E. COOPER and files their bond as admrs. of the Estate of GEO. RIGGS deceased and it appearing to the court that the same is a good and sufficient bond, it is ordered approved and recorded.

 

JOS. W. BARRIS (BARNES?) Thursday

Guardian May 30th

Est. MARY A. SIMPSON a minor 1877

Now on this day comes JOS. W. BARRIS and files his bond as guardian of the Estate of MARY A. SIMPSON a minor and it appearing to the court that the same is a good and sufficient bond was approved and ordered recorded.

 

JOS. W. BARRIS (BARNES?) Wednesday (sic)

Guardian May 30th

Est. of N. BELLE SIMPSPN a minor 1877

Now on this day comes JOS. W. BARRIS and files his bond as guardian of the Estate of N. BELLE SIMPSON and it appearing that the bond is a good and sufficient bond was approved and ordered recorded.

 

J. A. WILSON

vs. Wednesday May 30

W. C. CREAGER Et al 30th 1877

Now on this day the above cause came on to be heard…

 

Page 204

 

…and the plaintiff appearing by his attorneys and the defendants W. C. CREAGER and M. D. CLAYTON being represented by their attorneys filed the following agreement, “It is agreed by and between the Plff. and Defts. W. C. CREAGER & M. D. CLAYTON that Judgment may be rendered in the above entitled cause in favor of Plff. & against the aforesaid W. C. CREAGER as principal & M. C. CLAYTON as security for the sum of two Hundred forty four & 50/100 Dollars U. S. Currency with interest thereon from February 9, 1876, at the rate of fifteen percent per annum to date and that said plaintiffs take nothing as to the additional ten percent of principal stipulated (?) for in said note & defts. pay cost.

Jenkins & Muse for Pltts.

Throckmorton Brown & Bros.

Attys for Creager & Clayton

And it appearing to the court that the defendant H. S. MOORE had wholly failed to appear but altogether made default and that the cause of action is liquidated and proven equal instrument of writing it is ordered that the clerk do assess the damages by reason of the premises as to the said reason (?) and the clerk now here having assessed the damages at the sum of two Hundred and ninety two and 38/100 Dollars, It is therefore considered and ordered by the court that the plaintiffs do have and recovered of the defendants the sum of two hundred and ninety two and 38/100 Dollars Together with interest thereon at the rate of 15% per annum Together with all costs by this behalf expended and that the plaintiffs take nothing as to the additional 10% of principal stipulated in said note and that the plaintiffs have his execution for said sums of money and it appearing…

 

Page 205

 

…to the court that W. C. CREAGER was the principal on said note and M. C. CLAYTON security and H. S. MOORE the endorser thereof it is ordered by the court that the sheriff levy the execution first on the property of the principal subject to execution and situated in Collin County Texas before he shall make a levy upon the property of said surety.

 

In the margin on page 203 and in part across the page is written: Rec’d on the Judgment of W. C. CLAYTON one hundred & twenty dollars and one (?) agree (?) to hold up execution on same till 1st January 1879 at request of M. D. CLAYTON.

Feby 8th 1878 Jenkins & Muse

Atty. for Plff.

 

Rec’d. of M. D. Clayton $254.41(or 25.54?) in full of this Judgment and (remainder unreadable).

Nov. (unreadable) 1879

Jenkins & Muse

Atty. for Plff.

 

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

 

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

 

Written in margin: Rec’d payment in full of this Judment, this Aug. 4 1877, Jenkins & Muse, Attys. For Ptff.

 

T. H. B. BLALACK

vs. Friday June

HOUSTON & TEXAS CENTRAL RWY CO. 1st 1877

Now on this day the above cause came on for trial and both parties appearing by their attorneys and both the plaintiff and defendants having waived a Jury submitted the case to the court, whereupon the court after hearing the testimony in the case and argument of counsel rendered a Judgment in said case in favor of plaintiff and against defendant and the obligors on the appeal bond in this case in the sum of sixty five Dollars and it appearing to the court that the amount of the Judgment in this court in said cause was for the same amount as the rendered by the Justice of the peace from whose court said case was appealed it is therefore ordered that ten percent be added upon said sum of sixty five Dollars as damages. It is therefore ordered adjudged and decreed by the Court that the plaintiff H. & B. BLALACK do have and recover of the…

 

Page 206

 

…defendant the HOUSTON AND TEXAS CENTRAL RAIL ROAD COMPANY and H. W. ORDINGER the obligor on the appeal bond of the defendant in the cause the sum of sixty five Dollars with interest thereon at the rate of 8% per annum from the date of this Judgment, Together with the said sum of 10% upon said sixty five Dollars as damages and all costs incurred in this and the Justice Court and that he have his execution for said sums of money. It is further ordered that execution issue against each party respectively for the cost by them incurred.

 

A.M. INGRAM

1722 vs. Wednesday May 30th

GEO. T. ARMSTONG 1877

Now on this day came in to be heard the above styled cause and both parties appearing by their attorneys and both the plaintiff and defendant having waived a Jury and the matter and things in controversy was submitted to the Court who after hearing the evidence and argument of counsel, rendered a Judgment in said cause against the defendant in the sum of $13. 86/100 Dollars. And it appearing to the Court that this cause was appealed from the Justice Court precinct no. 1 by the defendant and it further appearing that the Judgment rendered in Justice Court was for a greater amount than that rendered in this Court, It is therefore ordered and decreed by the Court that the plaintiff A. M. INGRAM have and recover of the defendant GEO. T. ARMSTRONG the sum of $13. 86 with interest from the date at the rate of 8% per annum and all cost accrued in the Justice Court Precinct No. 1, and that the defendant GEO. T. ARMSTRONG do have and recover of the plaintiff A. M. INGRAM all cost accrued in the District & County Court & that they have their execution.

 

Page 207

 

And it appearing to the court that plff. A. M. INGRAM failed a bond for cost in this cause with J. W. KEENE & JOE BLAKEMAN as security it is therefore ordered and decreed by the Court that execution issue in favor of the officers of the court against said principal & surety on said bond for cost by them in this behalf incurred.

 

Clerk’s Report

 

Now comes J. M. BENGE Clerk County Court of Collin County and makes the following Report of the Jurors who have served during this term of Court and the amt. due each Juror and the amt. of money Received and disbursed by him since his last Report to wit:

 

Names

No. of Days

Amt.

J. H. LOVEYJOY

1

$2

JAS. WOODS

1

2

L. J. LOWELL

1

2

HENRY HAMILTON

1

2

JOHN DUGGER

1

2

R. K. SWANN

1

2

H. HARBERSON

1

2

LEWIS NEW

1

2

W. A. WARDEN

1

2

W. B. CARTER

1

2

FRANK MADDOX

1

2

FRANK DOWELL

1

2

HENRY EUSTEPP

1

2

J. H. WOODS

1

2

B.C. WILLIAMS

1

2

J. L. CRUM

1

2

W. M. WALKER

1

2

P. H. BATERMAN

1

2

 

And that I have collected the following amt. of money since my last report

(over)]

 

Page 208

 

Jury tax in cause of

J. M. WADDILL vs. 3.00

JAMES GATHNIGHT 102.50

Amt. in hand last Report $105.50

 

And that I have paid to each of the

Above names Jurors 2$ each 36.00

Bal. on hand $69.50

 

All of which is Respy. submitted.

J. M. BENGE Clerk

 

Ordered by the Court that J. M BENGE Clerk of the County Court be allowed the Sum of Twenty five Dollars for Ex officer Service in County Court in Care and Preservation of the Record and Making Indexes from Febry. 19, 1877 to May 19, 1877 inclusive as per Sworn account (?) filed.

 

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

 

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

 

WM. MURPHY

Executor Saturday June 4th

Est. JESSE TURNER Decd. 1877

Now on this day came on to be heard the final report of WM. MURPHY Executor of the Estate of JESSE TURNER decd. and the Exceptions to said report filed by the heirs of said testator and the court after hearing the evidence offered in support of said report & that offered in support of the Exceptions filed thereto and argument of counsel proceeded to audit unstate (?) said report. And it appearing to the court that said report as audited and restated is Just and correct it is ordered adjudged…

 

Page 209

 

…and decreed that the same be confirmed and it appearing to the court that said report as restated shows that there is the sum of $1488.38 now in hands of said executor belonging to said estate and ready for distribution among the heirs of said testor it is ordered that the said executor retain in his hands the sum of one hundred dollars for the purpose of defraying the additional cost that may accrue in the settlement of said estate that the remainder of said estate that the remainder of said sum of $2488.38 be distributed in the among the legatees of said estate in the following manner to wit: that the sum of one hundred and thirty Eight & 88/100 Dollars be paid to the following named Legatees mentioned in the last will of the said JESSE TURNER decd. to wit ELIZA WELDON Heirs JAMES TURNER, MARILDA CLEMMONS, heirs MARY SHIFLET, AFFARLY (AFARILLY) ARMSTRONG, heir JESSE TURNER, THOMAS P. TURNER, WILLIAM W. TURNER, THOMAS P. TURNER [note: duplication of name] and MRS. ANN ALBINA BLALACK and it further appearing to the court that the following named heirs had received from the said Ex[ecutor] the following sums of money to wit M. T. TURNER 99.00, T. P. TURNER 181.50, MRS. ANN ALBINA BLALACK 162.65 and W. W. TURNER 192.00. It is ordered and decreed that said advancements by the executor to said heirs be approved in so far as they do prejudice the rights of the remaining heirs the said executor be allowed credit for said advancements in his settlement with said heirs and that he pay over to them what ever money if any that may be due them in the money as above set forth and it further appearing to the court that all of the above mentioned legatees or their descendants are present and represented in court but that the heir ship of some them cannot now be established it is ordered…

 

Page 210

 

…that this matter be continued until the next term of this court as to those whose heir ship cannot be established, it is further ordered and decreed that upon the filing by said executor receipts from the legatees above mentioned or their descendants for the accounts that may be due them in accordance with this decree that then said administration be closed and the said ex[ecutor] be discharged from this trust in all things pertaining to said estate excepts so much thereof as pertains to the property especially bequests (?) in the will of said testator to his wife MARY S. TURNER.

 

Ordered that court adjourned until Tuesday morning nine o’clock June (unreadable) 1877.

 

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

 

 

Page 211

 

D. M. STIMSON Monday

admr. June 4th 1877

Est. of ISAAC STIMSON dec Now on this day comes D. M. STIMSON and files his final report on the estate of ISAAC STIMSON deceased. It is ordered and decreed by the court that notice by publication be given for 20 days in the McKinney Inquirer and that this cause be continued until the next term of this court.

 

J. O. STRAUGHAN

admr. Tuesday May 5th

Estate if DAN’L WYLIE decd. 1877

Now on this day comes on to be heard the final account of J. O. STRAUGHAN administrator of the Estate of DAN’L WILEY deceased and it appearing to the court that due notice of the same had been given as required by law and it further appearing that there was in the hands of said admr. an amount of money to be partitioned among the heirs at law of said decd. and that the heir ship of said estate has heretofore been established by this court and that said heirs are present and represented in court, It is ordered that said admr. partition the money in his hands as shown by said report amongst the heirs in the partition as heretofore established and the said admr. now here having done the same and filed the proper vouchers therefore showing that all the estate in his hand has been disposed of according to law it is therefore ordered that said administration be closed and said administrator [be] discharged from his trust.

 

Page 212

 

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

 

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

 

ELIZABETH J. ANDERSON

Guardian Wednesday

Est. of THOS. H. LOVELADY a minor June 6th 1877

Now on this day came on to be heard the application of ELIZABETH J. ANDERSON to be appointed guardian of the person & Estate of THOS. H. LOVELADY a minor and it appearing to the court that notice has been given as the law requires, it is ordered & decreed by the court that said application be granted and letters of guardianship issued to her upon her filing a bond in the sum of fifty Dollars, with good and approved security and taking the oath required by law.

 

ELIZABETH J. ANDERSON

Guardian Wednesday

Est. of THOS. H. LOVELADY a minor June 6th 1877

Now on this day came ELIZABETH J. ANDERSON and files her bond as guardian of the Estate of THOS. H. LOVELADY a minor and it appearing to the court that the same is a good and sufficient bond, it is approved and ordered recorded.

 

Ordered that court adjourn till court in course.

T. C. Goodner

Co. Judge

 

Page 213

 

July Term

 

The State of Texas

Collin County Be it Remembered that there was begun and holden at the Court House in The City of McKinney on Monday July 16, 1877 (it being the 34d Monday thereof) 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 when the following proceedings were had to wit:

 

H. H. WEAVER

Excecutor Monday July 16 1877

Est. G. R. MARTIN

Now on this day comes H. H. WEAVER Executor of the Estate of G. R. MARTIN Deceased and files his annual Exhibit of the Condition of said Estate and the matters and things therein contained 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 recorded.

 

 

IRA. P. HOWARD

Admr. Monday July 16 1877

Est. E. B. HOWARD

Now comes IRA P. HOWARD Admr. [of the] Est[ate of] E. B. HOWARD Decd. and files his Report of [the] Sale of personal property belonging to said Estate for approval and it appearing to the Court that said sale was made according to law, and is in all things correct it is ordered and decreed by the Court that the same be approved and Recorded.

 

 

SAML. YOUNG

vs. Monday July 16 1877

LUCY JACKSON Guardian Now on this day comes…

JOHN HENRY LONG minor

 

Page 214

 

SAMUEL YOUNG one of the sureties on the Bond of LUCY JACKSON Guardian of Estate of JOHN HENRY LONG minor and prays the Court to be relieved from further liability as surety on said Bond. And at appearing to the Court that the said LUCY JACKSON has had due Notice of the same according to law, It is ordered and decreed by the Court that the said SAM’L YOUNG be relieved from further liability when the said Guardian shall have filed a new Bond, and that she file said Bond with good & sufficient Security conditioned according to law, within Ten days from this date.

 

JOSEPH W. BAINES

Admr. De Bonis Non Monday July 16th

MARY S. SIMPSON dec. A. D. 1877

Now on this day comes JOS. W. BAINES admr. De bonis non of the Estate of MARY S. SIMPSON deceased for an order to sell the following described real estate to wit: for the purpose of paying debts against said Estate. House and lot situated in the town of Plano, Collin County, Texas and a part of the JOSEPH KLEPPER sur[vey] of 640 acres Beginning at the NE cor[ner] of ANDREW WETSEL’S lot in Plano Thence North with McKinney & Dallas Road to NE Corner of lot bought by G. W. SIMPSON from LOVELACE Et al thence west with Plano & Benton Road to NE cor[ner] CHARLES LAMNIS lot Thence south to SW Cor[ner] of lot sold by S. B. M. FOWLER et ax [al?] to said SIMPSON on 28TH Feby 1872 Thence East 148 ½ feet to SE cor[ner} said lot Thence North to SW cor[ner]of said WETSEL’s lot Thence East to the beginning containing 2 ½ acres more or less, And the matters and 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…

 

Page 215

 

…that said administrator be required to sell the above described property belonging to the Estate of MARY S. SIMPSON deceased at private sale one half cash and the balance on credit of six months after giving the notice required by law and taking note with good personal security and mortgage on the land to secure the payment of the purchase money said note to bear interest at the rate of 10 percent per annum from date & that said admr. report his action to this court.

 

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

 

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

 

NANNIE J. HOUGHTON

Guardian Tuesday July 17th 1877

J. W. JONES a minor

Now on this day came on to be heard the annual account of NANNIE J. HOUGHTON as guardian of J. W. JONES a minor and the same being fully understood by the court and it appearing that the same has laid over one term of the court according to law & no objection filed thereto it is ordered and decreed that the same be in all things approved and recorded.

 

NANNIE J. HOUGHTON

Guardian Tuesday July 17th 1877

B.R. JONES a minor

Now on this day came on to be heard the annual account of NANNIE J. HOUGHTON as guardian of the Estate of B. R. JONES a minor and the same being fully understood by the Court and it appearing that the same has laid over one term of the court according to law & no objection filed thereto it is ordered and decreed that the same be in …

 

Page 216

 

 

…all things approved and recorded.

 

 

LIZZIE SMOOT

Guardian Tuesday July 17th

Estate W. E. & J. B. SMOOT minors 1877

Now on this day came on to be heard the annual account of LIZZIE SMOOT as guardian of W. E. & J. B. SMOOT minors and the matters and things contained therein being fully understood by the Court and it appearing that the same has laid over one term of the Court according to law & no objection filed thereto it is ordered and decreed by the court that the same be approved in all things and recorded.

 

F. M. DAVIDSON

Admr. Tuesday July 17th 1877

Est. J. VANCLEVE dec.

Now on this day comes F. M. DAVIDSON admr. of the Estate of J. VANCLEVE dec’d and files the inventory and appraisement of said Estate and the same being fully understood by the Court ordered that the same be approved and recorded.

 

F. M. DAVIDSON

Admr. Tuesday July 17th 1877

Est. J. VANCLEVE dec.

Now on this day come F. M. DAVIDSON admr. of the Estate of J. VANCLEVE Dec. and files his application for the sale of personal property belonging to said Estate for purpose of paying off debts against said Estate and it appearing to the court that it is necessary to sell property to pay the debts against the Estate it is ordered and decreed by the Court that said administrator proceed to sell all the personal [property] belonging to the Estate of J. VANCLEVE decd. at private sale for…

 

Page 217

 

…cash and that he make his report to this court.

 

Estate of ISAAC STIMSON decd..

D. M. STIMSON final account Monday July 16/1877

Now on this day came on to be heard the final account of D. M. STIMSON Executor of ISAAC STIMSON deceased and said account having been fully examined by the Court and there appearing to be no outstanding debts against the estate of the said ISAAC STIMSON deceased said account is hereby received and approved and it further appearing to the court that M. J. MARTIN wife of M. M. MARTIN is a legatee of said Estate and entitled to one ninth of said estate and also that A. O. HEDGECOXE wife of J. O. HEDGECOXE is a legatee and entitled to one ninth of said Estate, also that R. B. HOWARD wife of WM. J. HOWARD is entitled to one ninth of said Estate, also J. M. STIMSON is a legatee and is entitled to one ninth share of said Estate, also that J. T. STIMSON, J. E. STIMSON and R. L. STIMSON in right of their deceased ancestor J. W. STIMSON who was a son of ISAAC STIMSON are entitled to one ninth interest in said Estate, also that EDWARD STIMSON is a legatee and entitled to one ninth interest in said Estate, also that ELIZABETH CROW who is a daughter of ISAAC STIMSON deceased left surviving her EUGENIA CROW who is heir at law of said ELIZABETH CROW is entitled to one ninth of said Estate, also that NANNIE PARKER formerly ADKINSON & ELIZABETH ADKINSON, J. ADKINSON, ANDREW ADKINSON & JOSEPH ADKINSON are heirs at law of LUCY ADKINSON formerly LUCY STIMSON who was a daughter of ISAAC STIMSON and together are entitled to one ninth of said Estate, also that D. M. STIMSON is a legatee and entitled to one ninth of said Estate…

 

Page 218

 

…and it also appears to the court that the said D. M. STIMSON is appointed under the will of said ISAAC STIMSON as guardian of the Estate of minor children of J. W. STIMSON also the children of LUCY ATKINSON, now appearing in Court and represent them and prays for a partition of said Estate and that the said M. M. MARTIN & wife, J. O. HEDGCOXE & wife and that WM. J. HOWARD & wife & that J. L. STIMSON and EUGENIA CROW and D. M. STIMSON and present in court and desire a partition of said Estate. It is therefore adjudged ordered and decreed that the final account of the said D. M. STIMSON Executor of the said Estate of ISAAC STIMSON deceased be received and the same be approved and ordered to recorded and it is further ordered that M. L. BRIGHT, J. W. LANGSTON and J. M. SNIDER be and they are hereby appointed commissioners to partition said Estate of the same can be done consistent with the interest of the above mentioned legatees under the will and if said Estate cannot be partitioned to report that fact to the court and said commissioners are ordered to report at the present term of this Court and they are ordered to partition both the real and personal property belonging to said Estate if the same can be done as above described.

 

D. M. STIMSON

Exec. Tuesday July 17/1877

Estate ISAAC STIMSON Decd. Now on this day came on to be heard the report of the commissioners appointed by the court at a former day of this term and said report having been fully understood by the court it is ordered that said commissioners report be received and that the same is hereby approved and ordered to be…

 

Page 219

 

…recorded and said commissioners be discharged. And it appearing from said report that said property is not susceptible of partition in kind among the legatees under the will, It is therefore ordered adjudged and decreed by the Court D. M. STIMSON Executor of said Estate do sell all the real Estate and personal property belonging to said estate at public outcry to the highest bidder on six months credit taking from the purchasers at said sale notes for the purchase money of said property with good personal security and also taking mortgages on the property sold for the purchase money of the same as required by law except the Home place containing 170 acres of land int. of the (blank) survey which the said executor is ordered to sell at public or private sale for cash or in a credit of six months and in case the same (?) is sold on a credit he is ordered to take notes security and a mortgage as above directed in the sale of the other lands belonging to said Estate And said Executor is ordered to report his action under this decree to this court.

 

T. H. WLECH Et al

vs. Monday July

Est. MARY ENLOE 16TH 1877

Now on this day comes T. H. WELCH, J. H. FREEMAN and JOSIAH KELLEY & presents their application for the probate of the last will and testament of MARY ENLOE decd. and said will being produced and read in open court and it appearing that F. C. WELCH, J. H. FREEMAN & JOSIAH KELLEY were appointed executors of said will and E. B. ROLLINS one of the subscribing witnesses to said will…

 

Page 220

 

…coming into open court and being sworn says that MARY ENLOE on the 1st day of June 1877 being at the time of sound mind in the presence of affiant caused D. L. LEWIS by her directive to sign the within and foregoing will for her in her presence and in the presence of affiant and that said deceased sign said will in presence of himself & said LEWIS as witnesses & that said deceased was over the age of 21 years old and that he and said LEWIS were at said date over 14 years of age and it appearing to the Court that due notice of said application has been given according to Law it is therefore ordered adjudged and decreed by the Court that said (blank) will be admitted to probate & that J. H. FREEMAN & JOSIAH KELLY be appointed executors of said Estate & that they give a good & sufficient bond in the sum of 360$ Conditioned by law & that said will be recorded.

 

Ordered that Court adjourned until Monday morning 9 o’clock July 22nd 1877.

 

Monday morning 9 o’clock July 22nd 1877 Court met pursuant to adjournment.

 

Page 221

 

FREEMAN & KELLY

Executors Monday July 23/77

Est. of MARY ENLOE Now on this day comes J. A. FREEMAN and JOS. KELLY and presents their bond for approval as executes of the Est. of MARY ENLOE Dec. and it appearing to the court that the same is a good & sufficient bond, ordered that the same be approved & recorded.

 

FREEMAN & KELLY

Executors Monday July

Est. of MARY ENLOE 23rd 1877

Ordered by the Court that D. L. LEWIS, J. S. GREER and J. H. McKINNEY be appointed to appraises the property belonging to the Estate of MARY ENLOW.

 

J. W. & M. A. FARRIS

vs. Monday July 23rd

S. R. BROWN 1877

S. R. M. HARVEY GARNISHEES

Now on this day comes the Plffs. by their Attorneys and moves the Court to dismiss the appeal in this cause & the matters and things being fully understood by the court, it is ordered that the same be overruled to which ruling the plff. excepts.

 

J. W. & M. A. FARRIS

vs. Monday July 23rd

STEVE & MAT HARVEY 1877

GARNISHEES etc.

Now on this day comes the Defendants by their Attorney & moves the Court to quash the garnishment in this Cause & the matters & things being fully understood by the Court, it is ordered that the same be overruled.

 

Page 222

 

R .M. WILCOXEN

Guardian Monday July 23rd

Est. W. L. BROWN 1877

Now on this day came on to be heard the final report of R. M. WILCOXSEN as guardian of the Estate of W. L. BROWN and it appearing to the Court that notice has been given according to law it [is] ordered that the same be approved. It is further ordered R. M. WILCOXEN be allowed Fifteen Dollars for services rendered in said Estate, & that said guardianship be closed upon his filing vouchers showing all the Estate disposed of.

 

A. MULL

vs. Tuesday July 24th

Est. NORA & HARVEY MULL 1877

Now on this day came on to be heard the application of MRS A. MULL to be appointed guardian of NORA & HARVEY MULL minors and said application being understood by the court & it appearing that notice has been given according to law it is ordered and decreed by the Court that said application be granted and that letters of guardianship issue to her, upon her filing good and sufficient bond in the sum of 250$ each conditioned according to Law.

 

Est. of

JESSE TURNER Tuesday July 17th 1877

Dec. Now on this day the application of the heirs of JESSE TURNER decd. for distribution of the money on hand among the heirs coming on to be heard and it appearing to the Court the heirs of LONLDA CLEMENTS are minors and that the heirs of JESSE TURNER JR….

 

Page 223

 

…due are also minors and that the heirs of MARY E. McBAIN are minors without any lawful guardian, J. R. BURNS was appointed by the Court guardian Ad Litum to represent the minor heirs of LONLDA (?) CLEMENTS decd. and P. BURNSE (??) was appointed guardian ad litum to represent the minor heirs of JESSE TURNER JR. and the minor heirs of MARY E. McBAIN it is ordered that the appointment of the guardians ad litum as aforesaid shall extend back to the last term of this Court it further appearing to the Court that the following persons are heirs of the said JESSE TURNER decd. to wit; JAMES TURNER is a son of the deceased and that JNO. W. WELDON, [and] MARY W. LAFORD [LaFORCE] are the only heirs of ELIZA [ELIZABETH ANN] TURNER dec. who was a daughter of the said JESSE TURNER Decd., that POLLY [MARY] SHIFLET is a daughter of said decedent, that JESSE TURNER [line drawn thru Turner] and JAMES P. ARMSTRONG, ELIZA JOHNSON, ELIZABETH BAGBY and the minor heirs of MARY ELLEN McBAIN are the only heirs [of] AFORLW [AFARILLY] ARMSTRONG decd who was a daughter of the deceased JESSE TURNER. It is therefore ordered and decreed by the court that the executor of an decedent pay over to the parties at one more t____(?) the money in his hands belonging to the heirs of said decedent in the following manner that he pay to JAMES TURNER one tenth of the money in his hands belonging to said heirs, that he pay to JNO. W. WELDON & MARY M. LAFORD one tenth of said money, that he pay to POLLY SHIFLET one tenth of said money, that he pay to JAMES P. & JESSE T. ARMSTRONG, ELIZA JOHNSON, ELIZABETH BAGLY and to minor heirs of MARY ELLEN McBAIN one tenth, that he pay to the guardian ad litum of the minor heirs the proportion…

 

Page 224

 

…of the part coming to their ancestors AFRLA (AFAILLY) ARMSTRONG. It further appearing that the heirship of the minor heirs of JESSE TURNER JR. can not be satisfactorily established at this term of the Court it is ordered that the Executor retain in his hands their share until the proof can be made it appearing to the court that the amount of money in the hand of the Executor subject to distribution among the heirs had been determined at the last term of this Court it is ordered that the executor in paying over the money to the parties above mentioned conform to the decree of this as recorded at the said last term.

 

Ordered that court adjourn until Monday morning 9 o’clock July 30th 1877.

 

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

 

T. H. B. BLALACK

vs. Monday July 30/1877

H. & T. CO. RWY. CO. Now on at this time came on to be heard the motion filed in this cause by defendant to retax the cost therein and the parties by their attorneys being present and their arguments heard and said motion having been fully considered by the court it is ordered and adjudged that said motion do prevail and the Clerk of this Court is hereby directed to retax the cost in said Cause as to the attendance and mileage of Plffs. witnesses J. M. WILCOX, P. T. SMITH and JAS. FORMAN in the Justice Court so that the costs of said witnesses…

 

Page 225

 

…shall be stricken from the cost bill of defendant in the aggregate amounting to Eight Dollars and four cents, and said witnesses fus (?) accruing as the cost of this matter aforesaid in the Justice Court & taxed up as cost to be paid by the plaintiff for which let execution issue.

 

S. COFFEY

Guardian Monday July 30th

Est. MARY [and ] LETITICE [LATITIA?] REAGAN 1877

Now on the day come on to be heard the report of S. COFFEY Guardian of the Estate of MARY [and] LETITICE [LATITIA] REAGAN minors & it appearing to the court that the same laid over one term of the Court as the law decrees & no objections being filed thereof it is ordered that the same be approved and recorded.

 

G. M. COFFMAN

Guardian Monday July 30

Est. of STEPHEN DUPY th 1877

a minor

Now on this day this Cause was continued by operation of Law.

 

B.W. HAMPTON

Guardian Monday July

Est. of WM. & MARY O’GUINN 30th 1877

Minors

Now on this day this cause was continued by operation of the Law.

 

L. ADAMSON

Admr. Monday July

Est. THOS. ADAMSON 30th 1877

Deceased

Now on this day this cause was continued.

 

Page 226

 

J. L. KELLY & J. A. FREEMAN

Executors Monday July

Est. MARY ENLOE 30th 1877

Now on this day comes J. L. KELLY and J. A. FREEMAN Executors of the Estate of MARY ENLOE Decd. and files the Inventory and appraisement of said Estate and it appearing to the court that eh same is correct in all things it is ordered approved and recorded.

 

LUCY A. JACKSON

Guardian Monday July 30

Est. JNO. & HENRY LONG th 1877

Minors Now on this day comes LUCY A. JACKSON guardian of the Estate of JNO. & HENRY LONG minors [and files bond as guardian] & it appearing to the Court that the same is a good and sufficient bond it is ordered that the same be approved and recorded.

 

J. L. LOVELADY

Guardian Monday July

Est. S. MARSHALL minor 30th 1877

Now on this day comes on to be heard J. L. LOVELADY’ S report as guardian of the Estate of S. C. MARSHALL a minor of the sale of personal property belonging to said Estate and it appearing to the court that the same was made according to law and in conformity with an order of this court it is ordered that the same be approved and recorded.

 

T. P. T. McLEAN Monday July 30th 77

1891 vs. Now on this day this cause was continued by consent.

J. L. WHITE

 

Page 227

 

THOS. H. EMERSON & BRO.

No. 1904 vs. Monday

McKINNEY CREAGER & BRO. July 30th 1877

Now on this day Defts. has leave to amend.

 

JOHN PHELPS and et al

1909 vs. Monday July 30/77

THOS. H. MURRAY Now on this day plaintiff has leave to amend.

 

A.SANDERS

1910 vs. Monday July 30/77

HOUSTON & T. C. ROY 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 defendant go hence without day.

 

D. M. WOMACK and CO.

1911 vs. Monday July

HOUSTON & T. C. RWY CO. 30th 1877

Now on this day this cause was continued by consent.

 

OGLESBY KIRKPATRICK & CO.

1912 vs. Monday

W. N. BUSH July 30th 77

Now on this day this cause was continued by consent.

 

A.HARRIS & BROS.

vs. Monday July

MRS. R. J. WOOD 30th 1877

Now on this day this cause was continued by Plff.

 

Page 228

 

JOHN P. HUNTER

1794 vs. Monday July 30th 1877

ESTES BERRY & CO. Now on this day this cause was continued.

 

Now on this day comes W. W. MERRITT Sherriff of Collin County and returns unto Court the Jury list selected by the Jury Commissioners for the 3rd Monday in July (Civil County Court) all of whom failed to appear except C. A. GATES, T. L. WEBB, G. W. FORD, E. B. SCOTT, H. B. SCOTT and EPPA BERRY, who were impaneled and sworn.

 

D. B. WYLIE Monday July 30th 1877

Admr. Now on this day comes D. B. WYLIE administrator of the

Est. JOEL TODD Ded. Estate of JOEL TODD decd. and prays the court for the sale of the follow described tract of land for the purpose of paying the expenses of the claims against said Estate, Being a part of a survey of land made in the name of JAMES WHITE on the waters of Pilot Grove creek Beginning in the E line of the said WHITE survey on the south bank of branch a Spanish oak marked x brs. S 20 west 10 links the same being the North East corner of SHERODS ROLAND’S tract of land in said WHITE survey. Thence with the East line of WHITE survey North ½ west 1278 varas to the south east corner of a tract of land belonging to WM. BROWNING. Elm Kacked (?) 4 lines in 4 different sides thence west with the south line of BROWNING’S tract 329 varas to a stake from which a burr oak mkd. X brs. East 37 varas a pin oak mkd. X bears North 44 ½ 0 East 9 varas Thence South 1 ½ E 1318 varas a stake on south bank of branch from which a bois….

 

Page 229

 

d’arc on the north side of said branch bears north 12° West 10 varas Thence with the meanders of South 78 varas East about 100 varas Thence North 76° East 232 varas to the beginning containing 76 acres of land and the matters and things contained in said application being heard and understood by the court, It is ordered and decreed by the Court that said administrator sell said above described land at private sale on a credit of six months and that he take notes for the purchase money with good personal security and a mortgage on the land.

 

C.S. GRAVES Monday July

Guardian 30th 1877

Est. L. M. TUCKER a minor Ordered by the court that C. S. MACK, J. C. McGOUCH and JOHN. A. L. HUNN be and is hereby appointed to appraise and value the property belonging to the Estate of L. M. TUCKER a minor for Collin County and that J. H. MILLS, A. G. STEPP and W. H. THOMASON be appointed to appraise said property for Denton County.

 

Ordered that Court adjourn until Wednesday morning 9 o’clock August 1st 1877.

 

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

 

Page 230

 

JOHN P. HUNTER

vs. Thursday July 30st

ESTES BERRY & CO. 1877

Now on this day come the defendant by their attorney and moves the court to require Plaintiff JOHN P. HUNTER to give security for Cost and the matters and things being fully understood by the court it is ordered and decreed by the court that Plff. give security for the Cost in this cause on or before the 1st day of the next Term of the court.

 

T. T. BRADLY

vs. Tuesday July 31st

D. M. MALLON admr. 1877

Est. M. E. MALLON a minor

Now on this day came on to be heard the application of T. T. BRADLY to be relieved from the bond of D. M. MALLON guardian of M. E. MALLON a minor & the facts in said application being fully understood by the court it is ordered that said BRADLY be relieved from said bond and that the said D. M. MALLON [MALLOW?] file a new bond on or before the 10th day of August 1877.

 

A.S. GRAVES

Guardian Tuesday July 31st 1877

L. M. TUCKER a minor Now on this day comes A. S. GRAVES guardian of the Estate of L. M. TUCKER a minor and files his inventory and appraisement of said Estate. It is ordered that the same be approved and recorded.

 

Page 231

 

Note: Written in margin-Record April 26, 1878 of J. A. CREAGER (?), (unreadable), D. Y. McKINNEY & C. M. McKINNEY payment in full of this Judgment and we (?) thereby tranferr all of our interests in said Judgment to said parties This April 26, 1878. THOS. H. EMERSON.

 

Rec’d of J. M. BENGE $11.30/100 in part payment of this judgment Feby. 9th 1878. Jenkins & Muse Attys for plffs.

 

THOS. H. EMERSON & BROS.

1904 vs. Tuesday July 31st 77

McKINNEY CREAGER & BROS. Now on this day the above entitled cause came on to be heard and the plaintiffs appearing by their attorneys and the defendants J. A. CREAGER, Y. S. CREAGER, D. Y. McKINNEY and C. M. McKINNEY likewise appearing by attorneys and the remaining defendants JAMES McKINNEY, WILLIAM CREAGER and THOMAS CREAGER having failed to appear but wholly made default wherefore the plaintiffs ought to recover of the said JAMES McKINNEY, WILLIAM CREAGER and THOMAS CREAGER their damages by occasion of the premises and neither party having demanded a Jury submitted the matters of fact as well of law to the court and the court after hearing the evidence decreed both in behalf [of] the plaintiffs and the defendants and the argument of the attorneys for both parties rendered Judgments in favor of the plaintiffs against the defendants JAMES McKINNEY, WILLIAM CREAGER and THOMAS CREAGER composing the firm of McKINNEY CREAGER and BROTHER as principals and against the remaining defendants J. H. CREAGER, J. S. CREAGER, D. Y. McKINNEY and C. M. McKINNEY as sureties for the sum of four hundred and ninety six and 00/100 dollars with interest thereof from the date of this Judgment at the rate of 5% per month. It is therefore ordered adjudged and decreed that the plaintiffs do have and recover of the said JAMES McKINNEY, WILLIAM CREAGER and THOMAS CREAGER composing the firm of McKINNEY CREAGER and BROTHER as principal and the remaining defendants, J. A. CREAGER, Y. S. CREAGER and D. Y. McKINNEY & C. (?) M. McKINNEY as sureties the sum of four hundred and ninety six and 00/100 dollars with interest thereon at the rate of 5% per month from the date hereof together with all costs by them in this behalf expended. It is further ordered and decreed that the…

 

Page 232

 

…Sherriff in levying execution issue under and by virtue of this Judgment shall levy said execution first upon the property of the principals in the Judgment subject to execution and situated in the County of Collin before a levy shall be made upon the property of the sureties herein provided so much of the property of the principals as can be found as can in the opinion of the sheriff be sufficient to make the amount of the execution. Otherwise the levy to be made on so much of the property of the principals as may be found is any and upon so much of the property of the sureties as may be necessary to make the amount of the execution. It is also ordered that the Clerk of the Court endorse a memorandum of the above order upon the execution. It is further decreed that execution issue in favor of the officers of the Court against the respective parties to this action for the Cost by them in this behalf incurred. The defendants excepts (sic) to the decision of the Court in the rendition of the above Judgment and gives notice in open Court of appeal to the Court of appeals.

 

D. B. WYLIE

admr. Tues. July 31st

Est. JOEL TODD Decd. 1877

Now on this day comes D. B. WYLIE admr. of the Estate of JOEL TODD dec’d and moves the court to set aside an order made at the present term of this court granting the sale of land belonging to said [Estate]. Ordered by the Court that said prayer be granted and that this cause be continued.

 

Page 233

 

 

EMMA T. & J. M. LEE

vs.

T. T. BRADLY Guardian Thursday Aug.

Minor heirs of J. S. & C. BRADLY 2nd. 1877

Now on this day this cause coming on to be heard and appearing that the County Judge having been of counsel in this cause is disqualified it is ordered that this Cause be transferred to the District Court of Collin County.

 

THOS. T. BRADLY

Guardian Thursday Aug.

Est. WM. BRADLY 2nd 1877

a minor Now on this day this cause coming on for trial and it appearing that the County Judge having been counsel in this case is disqualified it is ordered by the Court that this cause be transferred to the District Court of Collin Co.

 

THOS. T. BRADLY

Guardian Thursday Aug.

Est. MARY BRADLY 2nd 1877

a minor Now on this day this cause coming on for trial and it appearing that the County Judge is disqualified in this case by reason of having been of counsel in this cause ordered by the Court that this cause be transferred to the District Court.

 

B.F. MODE

vs. Thursday August

BUFORD HENRY admr. 2nd 1877

Est. JAMES MODE dec. Now on this day this cause was continued by cause.

 

A.BOURN Thursday August

vs. 2nd 1877

Est. J. VANCLEVE Dec. Now on this day this cause was continued by plff.

 

Page 234

 

V. H. ALLEN

admx Thursday August 2nd

Est. M. W. ALLEN 1877

decd. Now on this day comes MRS. V. H. ALLEN admx. Of the Estate of M. W. ALLEN dec’d. and makes her report of the sale of certain lands belonging to the said Estate in conformity with an order make at the previous term of this court and the matters and things being fully understood by the court it is ordered that the same be disapproved and that said admx. proceed to sell said land at private sale on a credit of six month and that make her report to this court.

 

J. M. TUCKER

admr. Thursday, August 2nd

Est. H. H. TUCKER 1877

decd. Ordered by the Court that this cause be continued for service.

 

 

A.MULL Thursday, August 2nd

Guardian 1877 Now on this day comes MRS. A. MULL guardian

HARVEY MULL of the Estate of HARVEY MULL a minor and files her bond

a minor as said guardian and it appearing to the court that said bond be approved and recorded.

 

A.MULL Thursday, August 2nd 1877

Guardian Now on this day comes MRS. A. MULL guardian of the

Est. NORA MULL Estate of NORA MULL a minor and files her bond with

a minor good and approved security, as the guardian of the Estate

of NORA MULL a minor and it appearing to the Court that the same is a good and sufficient bond it is ordered that the same be approved and recorded.

 

Page 235

 

Now on this day comes J. M. BENGE Clerk County Court, of Collin County and files the following Report of the Jurors who have served at the present term of this Court the numbers of days served and the amt. due each and the amt. of money received and disbursed by me since my last Report to wit:

 

C.A. GATES

1 Day

2.00

T. L. WEBB

1

2.00

G. W. FORD

1

2.00

E. B. SCOTT

1

2.00

H. B. SCOTT

1

2.00

EPPA BERRY

1

2.00

$12.00

That I have received no money since my last report. Amt. on hand last Report $53.50

And that I have paid out (?) the following amt. to wit:

C.A.GATES

Juror

1 Day

T. L. WEBB

G. W. FORD

E. B. SCOTT

H. B. SCOTT

EPPA BERRY

 

Bal. on hand $41.50

All of which is respectfully submitted August 3rd 1877. J. M. Benge

Clerk

 

And it appearing to the Court that said report is in all things correct it is ordered that the same be approved and recorded.

 

J. W. & M. H. FARRIS

vs. Tuesday

S. & M. at (?) HARVEY July 31st 1877

Now on this day came on to be heard the motion to strike out the defendants amended answer and the matters and things being fully understood by the court it is ordered by the court that the same be sustained.

 

Page 236

 

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

 

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

 

J. W. & M. H. FARRIS

vs. Friday August

S. & M. HARVEY 3rd 1877

Now on this day comes the plaintiffs by their attorney and moves the court to set aside the Judgment rendered in this cause and the matters and things set out in said motion being fully understood by the court It is ordered that the said be overruled to which ruling defendants excepts and gives notice of an appeal to the Court of appeals.

 

J. W. & M. H. FARRIS

1913 vs. Tuesday July 31st

STERE (?) & MAT HARVEY 1877

Now on this day the plffs. and defts have leave to amend.

 

J. W. & M. H. FARRIS Tuesday July 31st

1913 vs. 1877

STERE (?) & MAT HARVEY Now on this day comes the parties by their attorneys and announced ready for trial and a jury being waived and the matters and things in controversy (?) being submitted to the Court who after hearing the evidence and argument of the counsel gave Judgment in favor of defendant, it is therefore considered by the Court that the defendant go hence without day and that they recover of and from the plaintiff all cost by them in this behalf expended & that they have their execution…

 

Page 237

…and that execution issue against each party in favor of the officers of the Court for the cost by them in this cause incurred.

 

T. T. BRADLY

vs. Tuesday July 31st 1877

D. M. MALLON Gdn. Now on this day came on to be heard the application of T. T. MALLON

Est, M. E. MALLON a minor to be relieved from surety on the bond of D. M. MALLON administrator (?) of the Estate of M. E. MALLON a minor (?) and it appearing that the said MALLON has had due notice of the same it is ordered that said administrator (?) file a new bond with good security on or before the 10th day of August 1877 and that the said T. T. BRADLY be relieved from further liability on said bond, upon the filing of new bond.

 

Ordered that Court adjourn until Court in Course.

T. C. Goodner

Co. Judge

 

Page 238

 

The 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 the 17th day of September A. D. 1877 (it being the 3nd Monday thereof) 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 when the following proceedings were had to wit---

 

GEO. W. COFFMAN

Guardian Monday September

Est. STEPHEN DUPEY 17th 1877

Now on this day came on to the heard the annual report of GEO. W. COFFMAN guardian of the Estate of STEPHEN DUPEY a minor and it appearing to the Court that the same has laid over one term of this Court & no objection being filed thereto, it is ordered that the same be approved and recorded.

 

B.W. HAMPTON Monday September

Guardian 17th 1877

Est. WM. & MARY O’GUINN Now on the day came on to be heard the report of B. W. HAMPTON guardian of the Estate of WM. & MARY O’GUINN minors of the condition of said Estate and it appearing to the Court that the same has laid over one term of this Court & that it is correct, it is ordered that the same be approved and recorded.

 

Page 239

 

L. ADAMSON

admr. Monday September

Est. THOS. ADAMSON dec. 17th 1877

Now on this day this cause was continued.

 

J. M. TUCKER Monday September

admr. 17th 1877

Est. H. H. TUCKER Now on this day came on to be heard the annual report of J. M. TUCKER as administrator of the Estate of H. H. TUCKER showing the condition of said Estate and it appearing to the Court that said report is in all things correct & that notice has been given according to law it is ordered and decreed by the Court that the same be approved.

 

JOS. W. BAINES Monday Sep-

vs. tember 17th 1877

Est. of B. F. & ROB. WETSEL Now on this day came on to be heard the application of JOS. W. BAINES to be appointed guardian of the person and Estates of B. F. and ROBT. WETSEL minors, and it appearing to the Court that notice of the same has been given as required by law & no protest being filed, it is ordered that said application be granted and that letters of guardianship issue to him upon his filing a bond with good and approved security in the sum of 1200$ each conditioned according to Law.

 

ADA MULL Monday September

Guardian 17th 1877

Est. HARVEY MULL minor Now on this…

Page 240

 

…day comes A. MULL guardian of the Estate of HARVEY MULL a minor and files the inventory of all property belonging to said Estate for approval and it appearing to the court that the same is correct it is ordered approved and recorded.

 

ADA MULL Monday September

Guardian 17th 1877

Est. NORA MULL minor Now on this day comes ADA MULL guardian of the Estate of NORA MULL a minor and files the inventory of all property belonging to said Estate and it appearing to the court that the same is in all things correct it is ordered that the same is approved and recorded.

 

 

Now on this day came on to be heard the petition of twenty Eight freeholders citizens of Collin County praying for an order for an election on the hog goat and sheep law approved August 15th 1876 within the following boundaries within said County to wit: Beginning at the south west corner of precinct no. 2 of Collin County in the bed of Pilot Grove creek Thence north with the meanderings of said stream to the mouth of Indian creek Thence with the meanderings of Arnold’s creek to the west boundary line of Hunt County—Thence south to the South East corner of said precinct no. 2 Thence west into the south boundary line of said precinct no. 2 to the place of beginning and the matters and things in said petition being heard and understood by the court it is ordered that the prayer be granted and that an Election be held in accordance with said petition…

 

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…to be holden by CHARLES ROBINSON presiding officer at Farmersville on Saturday the 30th (?) day of November 1877 and that notice of the same be given by publication for four weeks in the McKinney Inquirer.

 

J. M. SALMONDS Monday September 17th

Guardian 1877

Est. M. M. A. SMITH a minor Now on this day came on to be heard the annual report of J. M. SALMONDS guardian of the Estate of M. M. A. SMITH a minor and it appearing to the Court that the same is correct in all things & that the same has laid over one term of the court it is ordered that the same be approved and recorded.

 

J. M. SALMONDS Monday September

Guardian 17th 1877

Est. C. J. SMITH minor Now on this day came on to be heard the report of J. M. SALMONDS guardian of the Estate of C. J. SMITH a minor of the condition of said Estate and it appearing to the Court that the same is correct in all things & that said report has laid over one term of the court it is ordered and decreed by the court that the same be approved and recorded.

 

A. S. GRAVES Monday September 17th

Guardian 1877

Est, L. M. TUCKER a minor Now on this day comes H. A. TUCKER guardian of the Estate of L. M. TUCKER a minor and files an additional inventory of the property belonging to said Estate situation in Denton County and it appearing to the court that said inventory is correct it is ordered that the same be approved and recorded.

 

Page 242

 

G. W. CAMERON Monday September

Guardian 17th 1877

Ests. LAURA F. FITZHUGH Et al minors Now on this day comes G. W. CAMERON guardian of the Estates of LAURA F. FITZHUGH Et al minors and files his inventory of all property belonging to the Estates of said minors and it appearing to the Court that said inventory is in all things correct it is ordered that the same be approved and recorded.

 

 

G. W. CAMERON Monday September

Extr. 17th 1877

Est. R. & KATIE FITZHUGH, Dec. Now on this day comes G. W. FITZHUGH Executor of the Estates of R. & KATIE FITZHUGH Deceased and files an inventory of all property belonging to the Estates of said decedents and it appearing to the court that said inventory is correct it is ordered that the same be approved and recorded.

 

W. A. D. JONES Monday September

Guardian 17th 1877

Est. minor heirs of E. M. JONES Now on this day this caused was continued by law.

 

L. O. CLAYTON Monday September

vs. 17th 1877

Est. MARY B. & HUGH O. CLAYTON minors Now on this day comes on to be heard the application of L. O. CLAYTON to be appointed guardian of the Estate of MARY B. and HUGH O. CLAYTON minors and it appearing to the court that notice of said application has been given according to law it is ordered that said prayer be granted…

 

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…and that letters of guardianship issue to him upon his filing a bond with good and approved security in the sum of nine hundred dollars conditioned according to law.

 

 

THOS. H. MORRIS Monday September

vs. 17th 1877

L. T. & E. B. MORRIS dec’d. Now on this day come on to be heard the application of THOMAS H. MORRIS for letters of administration on the Estate of L. T. & E. B. MORRIS decd. and at the same time came on to be heard the written opposition of N. P. BAXTER to the granting of the same to the said THOMAS MORRIS and asking that letters of administration on said estate be granted to GEORGE A. WILSON and the court after having heard application and the said written opposition thereto all the parties entitled by law to administrate upon said Estate having waivered their right. It is therefore ordered adjudged and decreed by the Court that GEORGE A. WILSON be appointed administrator of said estate that he be required to file a bond in the manner & time required by law in the sum of five thousand dollars conditioned according to Law.

 

G. A. WILSON Monday September

admr. 17th 1877

Est. L. T. & E. B. MORRIS

Ordered by the Court that HENRY MOORE, LARKIN ADAMSON and E. W. CHAMBERS be and is [are] hereby appointed to appraise the property belonging to the Estate of L. T. & E. B. MORRIS dec’d.

 

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W. E. SMITH Monday, September

vs. 17th 1877

SALLIE E. SMITH minor Now on this day comes on to be heard the application of W. E. SMITH to be appointed guardian of the person and Estate of SALLIE E. SMITH a minor and it appearing to the court that notice of said application has been given as required by law, it is ordered that the prayer be granted and that letters of guardianship issue to him upon his filing a bond in the sum of six Hundred dollars conditioned according to law.

 

W. E. SMITH Monday, September

vs. 17th 1877

Est. ROBT M. SMITH minor Now on this day comes on to be heard the application of W. E. SMITH to be appointed guardian of the person and Estate of ROBERT M. SMITH a minor and it appearing to the court that notice of the application has been given according to law & no protest being filed, it is ordered that said prayer be granted and that letters of guardianship issue to him upon his filing a bond with good and approved security in the sum of six hundred dollars conditioned according to law.

 

P. W. BALDWIN Monday, September

Guardian 17th 1877

Est. M. D. BALDWIN a minor Now on this day came on to be heard the final report and application of P. W. BALDWIN guardian of the person and Estate of M. D. BALDWIN a minor to resign and the matters and things set…

 

Page 245

 

…forth in said report and application being heard and fully understood by the court and it appearing that due notice of the same has been given according to law it is ordered that the same be approved (?) and that his resignation be received and upon the appointment and qualification of his successor he be discharged from his trust.

 

L. O. CLAYTON Monday, September

Guardian 17th 1877

Est. MARY B. CLAYTON a minor Now on this day comes L. O. CLAYTON and files his bond as guardian of the person and Estate of MARY B. CLAYTON a minor for approval, and it appearing that to the court that the same is a good and sufficient bond it is ordered that the same be approved, and recorded.

 

R. C. WOOD Monday, September

vs. 17th 1877

Est. M. D. BALDWIN a minor Now on this day comes on to be heard the application of R. C. WOOD to be appointed the guardian of the person and Estate of M. D. BALDWIN a minor and it appearing to the court that due notice of the same has been given according to law & no objection being filed it is ordered and decreed by the court that said prayer be granted and that letters of guardianship issue to him upon his filing a bond with good and approved security in the sum of four thousand dollars conditioned according to law.

 

L. O. CLAYTON

Guardian Monday, September

Est. HUGH O. CLAYTON 17th 1877

 

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Now on this day came L. O. CLAYTON and filed his bond as guardian of the Estate of HUGH O. CLAYTON a minor and it appearing to the court that the same is a good and sufficient bond it is ordered that the same be approved and recorded.

 

D. B. WYLIE Monday, September

Admr. 17th 1877

Est. JOEL TODD dec. Now on the day came on to be heard the application of D. B. WYLIE administrator of the Estate of JOEL TODD dec’d. for an order of the Court to sell the land herein after described for the purpose of paying the debts of said Estate and the Expenses of administration and said application having been duly considered by the Court and being in all things fully understood it is ordered that the same be granted that the said administrator be and he is hereby authorized to sell at private sale for cash in hand the following described tract of land in the name of JAMES WHITE in the waters of Pilot Grove creek Beginning in the East line of said WHITE survey in the south bank of branch a Spanish oak marked X brs. South 20°W 10 lks. The same being the NE corner of SHEROD ROLAND’s tract of land in same survey Thence with the E line of the WHITE survey North 1 ½ West 1278 varas to the south East co[ner] of a tract of land belonging to WM. BROWNING an Elm hacked 4 times on 4 different sides thence W with the shin (?) of BROWNING’s tract 329 varas to a strake from which a burr oak mkd. X brs. [bears]…

 

Page 247

 

…E 37 varas a pin oak marked X brs N 44 1/2° E 9 varas Thence S 1 1/2° E 1218 varas a strake on south of branch from which a bois d’arc on north side of said branch brs. N 12° W 10 varas Thence with the meanders of the same south 78 varas East about 100 varas Thence North 76° east 232 varas to the beginning containing 76 acres of land. It is further ordered adjudged and decreed that said administrator make his report of his action herein at the next regular term of this Court.

 

ADA MULL Monday September

Guardian 17TH 1877

Est. HARVEY MULL and NORA MULL Now on this day came on to be heard the application of ADA MULL guardian of the Estates of HARVEY & NORA MULL minors to sell the interest of said minors in the following described tract of land viz. One hundred feet square int. of the ninety (?) west corner of Block no. 76 in the City of McKinney and it appearing to the court that said minors own 1/3 of ½ of said land each making together 2/3 of one half and it further appearing to the court that said guardian’s application to sell the interest of said wards is to pay debts against their said Estate and also for their education and support, It is adjudged ordered and decreed that said ADA MULL guardian as aforesaid do sell the undivided interest of said HARVEY & NORA MULL minors in said tract of land as above mentioned for Cash at private sale and report to this court at the next term thereof her action under this decree.

 

Page 248

 

 

GEORGE W. CAMERON

Guardian Monday September

Est. of JNO. M. FITZHUGH Et al minors 17th 1877

Now on this day came on to be heard the application of GEORGE W. CAMERON guardian of the Estate of JOHN M., ELIZABETH, LAURA, JENNIE, SALLIE, and ALICE FITZHUGH minors to sell the tracts of land herein after described to wit situated in Collin County, Texas the 1st being part of a survey made in the name of CALVIN BOALES and beginning in the west line of 248 acres made for PETER FISHER 641 ½ varas south of the NW corner of said 248 acres Thence East 79 varas a stake in mound. Thence North 160 varas stake from which an Elm marked X bears W 40° N 2 varas Thence East 1093 varas an ash marked X Thence south 576 varas a stake in mound Thence West 1853 varas to the SW corner of said 240 acre survey Thence North 415 var (varas?) to the place of beginning containing 164 acres. 2nd tract Being also a part of said survey in the name of CALVIN BOALES and known as the ROBERT FITZHUGH MILL tract on which said mill is situated 3rd Tract about 5 ½ miles se from McKinney being part of a survey made in the name of R. H. LOCK Beginning in the s line of a 271 acre tract sold by I. COFFEY to KATIE FITZHUGH where the line crosses East Fork from which an Elm 10 in. in diameter mkd. X brs. S 5°4 (?) E 54 lks. Thence West 24 40/100 chs. To the se cor. of 87 ½ acres sold MILLIGAN Thence North 43 80/100 chs. To the East Fork Thence down the same with its meanders to the beginning, containing 20 ½ acres of land. 4th Tract…

 

Page 249

 

…Being a part of survey patented to ROBERT FITZHUGH and beginning at the NE corner thereof Thence S 2 W 17 65/100 chs. To a stake from which a double Spanish oak mkd. XX brs. S 30 W 28 lks. and a Spanish oak 10 in. in dia. mkd. X brs. S 15 E 17 lks. Thence South 87 ½ W 37 18/100 chs. a strake from which a post oak 10 in. in dia. marked T (T bar) brs. N 87 E 538 lks. Thence south 2 ½ E 20 chs a stake Thence North 87 ½ E 13 20/ chs. to bran (sic) ch. 36 32/ chs. to stake in West line of the BOALES league Thence south 2 W 26 92/100 chs. to the NE corner of 100 acres conveyed by ROBT. FITZHUGH to G. W. & M. A. CAMERON Thence West 60 chains to the NW Corner thereof a stake in the East line of a tract conveyed by ROBERT FITZHUGH to SOL FITZHUGH a stake from which a pecan 24 inches in dia. marked X brs. N 4 W 290 lks. Thence North with East line of same 50 48/100 chs. to the NE corner thereof Thence West 24 lks. to the SE corner of 18 acres sold by ROBT. FITZHUGH to D. & L. WETSEL Thence North 14 chs. to the N line of the ROBERT FITZHUGH survey Thence East therewith 62 32/100 chs. to the place of beginning containing 324 acres also 25 head of cattle and three head of horses to pay off the debts existing against the Estate of said minors and for the support, maintenance and education. And it appearing to the court that it is necessary to sell said property for the support and education of said minors and to pay off and discharge the debts existing against their Estate, It is therefore ordered and decreed by the Court that GEORGE W. CAMERON guardian of the minors herein before mentioned…

 

Page 250

 

…proceed to sell at private sale on a credit of six months the land and the personal property herein before mentioned and described the proceeds of said sale to be applied in discharging and satisfying the debts against the Estate of said minors and for their support maintenance and education and that he make his report of said sale to this Court in accordance with law.

 

H. E. QUISENBERRY Monday, September

Admr. 17th 1877

Est. of R. J. QUISENBERRY Deceased Now on this day came on to be heard the application of H. E. QUISENBERRY administrator of the Estate of R. J. QUISENBERRY deceased to sell the following described tracts of land to wit, situated in Collin County, Texas part of a survey made in the name of MONTGOMERY BIRCH (?) patented to R. P. MURRAY assignee Beginning at a post in the E line of the original survey & corner to S. (?) A. ELKIN from which an Elm marked X brs. N 49 ½ ° E 8 lks. a bois D’arc marked X brs. N 80° W 5 lks. Thence N 4 4/10 poles to a stake from which an ash marked X brs N 32 ½ E 6 lks. Thence W 356 6/100 poles to a post in the W line of original survey Thence S into said line 4 4/100 pole to pose Thence East with ELKIN’s line 356 6/100 poles to the beginning. Also 320 acres situated in Grayson County being the J. M. JENNING’s survey. And it appearing to the court that is necessary to sell said land to pay debts of the estates. It is therefore ordered that said admr. be authorized to sell the same at public outcry to the highest bidder on a credit of twelve…

 

Page 251

 

…months taking note with good personal security & mortgage on land to secure the same-- the land in Grayson County to be sold in said County----& report said sale to this court.

 

J. L. KELLEY and J. H. FREEMAN Monday September

Extrs. 17th 1877

Est. J. M. & MARY ENLOE Now on this day came on to be heard the application of J. L. KELLEY and J. H. FREEMAN executors of the last will and testament of J. M. and MARY ENLOE Deceased to partition the personal property herein after set forth between NANCY E. FREEMAN and MARY BELL & HUGH ORR CLAYTON legatees of said will.

1 Mule 4 years old valued at $70

 

1 Horse 5 years old value at $50.00

 

1 Bugg(y) & Harness

50.00

1 House & 2 ½ lots in Van Alstyse valued [this item is marked out]

500.00

1 Cooke [cook] stove and attachments

12.00

4 head of Hogs

20.00

Three cows & 2 calves

50.00

1 Featherbed. 1 bolster & 2 pillows

12.00

1 counterpane (unfinished)

1.00

1 quilt

3.50

1 bedstead

5.00

1 featherbed

14.00

1

12.00

3 bolsters & 7 pillows

11.50

1 Quilt

.50

1

.50

1

.50

1

1.00

1

1.50

1

2.50

1

2.00

1 Coverlet

1.00

1

2.50

Page 252

 

1 coverlid (sic) valued at

$2.80

1

1.00

1

1.00

1

3.00

1

3.00

1

3.00

1

3.00

1

3.00

1

3.00

1 counterpane

2.50

1

2.50

1

2.50

1

2.50

1

2.00

1

3.00

1 blanket

.50

3 sheets 50 cts. each

1.50

1 clock

4.00

1 looking glass

1.50

8 chairs

4.00

1 sugar box

.40

21 gal. Jars

.40

1 pr. Hand balances

.25

½ Bbl. Salt

1.50

100 # bacon

8.00

12 # Lard

1.20

2 bed sleets 3.00

6.00

1 safe

4.00

1 stand table

1.50

1 dish

1.00

1 coffee mill

.50

1 looking glass

.50

1 pine stand table

1.00

1 dining table

3.50

1 trundle bed stand (sheet?)

.50

25 gal. stone ware

2.50

1 wash pot

1.50

2 stone pitchers

.75

1 glass

.75

1 cream

.25

1 sugar bowl

.30

 

Page 253

 

4 dishes valued at

$1.50

2 dishes valued

.75

2 butter Bowls “

.50

6 glass Goblets “

1.00

5 silver tea spoons “

4.00

2 “ table

2.00

15 plates

1.25

1 pickle

.25

10 cups and saucers

.50

1 brass lamp

.25

5 knives & two forks

.50

1 drawing Knife

.50

1 band (?) (unreadable)

.50

1 chop

.50

Hay & oats

.50

 

And it appearing to the court that there is a sufficient assests (sic-assets) in the hands of the said executors to pay off & discharge the debts against said Estate and the Expenses of administration besides said property and the same is liable to waste. It is ordered adjudged and decreed by the Court that the same be divided & partitioned between the said NANCY E. FREEMAN and MARY BELL & HUGH ORR CLAYTON minors giving to the said NANCY E. FREEMAN one half & to the said MARY BELL & HUGH ORR CLAYTON the other half in common according to quality quantity and value and that NEWTON TAYLOR, T. A. BILES, J. L. GREER, C. J. McKINNEY & JAMES A. CREAGER be appointed commissioners to partition the same in accordance with this order & make their report to the next term of this Court.

 

Ordered that Court adjourn until tomorrow morning.

 

 

 

 

 

 

 

 

 

 





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Updated: July 13, 2010
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Sue Patterson