Probate Minutes - 1876-1879 - Volume A-2


Page 254

 

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

 

D. M. WOMACK & CO. Tuesday September

vs. 18th 1877

H. & T. C. RWY. CO. Now on this day this cause coming on for trial and both parties pronounced themselves ready, and a Jury being waived and the matters and things in controversy submitted to the Court and who after hearing the evidence and arguments of the counsel rendered a Judgment against the defendants for the sum of $65.85 and it appearing to the Court that this Cause was appealed from Justice court precinct no. 1 Collin county by the defendant and it further appearing that the Judgment rendered in the Justice court was for a greater amount than that rendered in this Court. It is therefore ordered and decreed by the court that the plaintiffs D. M. WOMACK & CO. do have and recover of and from the HOUSTON and TEXAS CENTRAL RAILWAY COMPANY & E. W. CARE & JOHN SHEAM sureties for the bond the sum of sixty-five & 85/100 Dollars with interest from January 1st 1877 at 8 % per annum together with all cost accrued in this Court and that the defendants the H. & T. C. R. R. CO. have and recover from the plaintiffs D. M. WOMACK & W. L. THOMAS all cost accrued in Justice Court, and that they have their executions and 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.G. GRAVES JR. Tuesday September 1877

vs. Now on this day came on to be…..

JAKE GRAVES (col.)

 

Page 255

 

…heard the application of A. G. GRAVES JR. to be appointed guardian of the person of JAKE GRAVES (col.) and the matters and things set forth in said application being fully understood by the court and it appearing that due note of the same has been given as the law requires, It is therefore ordered and decreed 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 in the sum of 50$ conditioned according to law.

 

 

MARGARET GRAVES Tuesday September

vs. 18th 1877

MARY GRAVES (col.) Now on this day came on to be heard the application of MARGARET GRAVES to be appointed guardian of the person of MARY GRAVES (col.) and the matters and things set out in said application being heard and fully understood by the Court and it appearing that notice has been given as required by law & no protest being filed it is ordered and decreed by the court that said application be granted and that letters of guardianship issue to her upon her filing a bond in the sum of 50$ with good and approved security conditioned according to law.

 

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

 

Wednesday morning September 19th court met pursuant to adjournment.

 

Page 256

 

Now on this day comes the sheriff of Collin County and brings into Court the Jury list selected by the Jury Commissioners to serve during the first week of this term of the Court and all were Excused except HENRY SHIELD, AB BROWN and R. L. WADDILL. Ordered by the Court that they be excused until Friday September 21st 1877.

 

 

A.HARRIS & BRO. September 19th

vs. 1877

MRS. R. J. WOOD Now on this day this cause was continued by the plff.

 

W. R. SHORT September 19th 1877

1915 vs. Now on this day this cause was continued by consent.

CITY OF McKINNEY

 

THOS. H. EMERSON & BRO. September 19th

1918 vs. 1877

S. K. INGRAM Et al Now on this day this day this cause was continued for service.

 

THOS. T. P. McLEAN Wednesday

1891 vs. September 19th

JAMES L. WHITE 1877

Now on this day this cause came on to be heard and the parties by their attorneys appeared and announced themselves ready for trial and a Jury being waived & the matters and things in controversy being submitted to the Court, who after hearing the evidence and argument of counsel rendered verdict in favor of Defendant. It is therefore ordered and decreed by the court that the plaintiff THOS. P. T. (sic) McLEAN take

 

Page 257

 

…nothing by this suit and that the defendant JAMES L. WHITE go hence without day and he have and recover of and from the plaintiff all cost accrued in this cause and that he have his execution and that Execution issue in favor of the officers of the Court against each party respectively for the cost by them incurred.

 

 

WM. SPURGIN Tuesday September

admr. 18th 1877

Est. C. V. SPURGIN decd. Now on this day came on to be heard the application of WM. SPURGIN administrator of the Estate of C. V. SPURGIN decd. to have the order of this court entered upon the minutes of the same allowing WM. SPURGIN the admr. of said Estate to sell all of the personal property belonging to said estate in order to pay off and discharge all of the debts against the same and the cost of administration which said order was made at a former term of this court to wit on the 3rd day of August 1877 and which was not rescinded in the minutes of this Court and it appearing to the Court from an examination of the probate docket that said order was duly and properly made by the Court at the former term of this Court and that the Clerk of this Court has failed to enter the same on the minutes hereof it is considered and ordered by the court that the said WM. SPURGIN administrator of the Estate of C. V. SPURGIN proceed to sell either at private or public sale for cash in hand all the personal property belonging to the Estate of C. V. SPURGIN decd…

 

Page 258

 

…and that he make his report of the same according to law. It is further ordered by the Court that this Judgment have the same force and effect as though it had been entered in the minutes of this Court during the term at which the same was made.

 

 

F. M. DAVIDSON Monday the 17th

admr. day of September

Est. J. VANCLEVE 1877

 

Now on this day came on to be heard F. M. DAVIDSON’s administrator of the Estate of J. VANCLEVE deceased application to sell a tract of land herein described for the purpose of paying off the indebtedness of said Estate and Costs of Administration Said tract of land is situated in Shackelford County on the waters of the Clear fork of the Brazos River about 22 miles S 56 W Belknap in Shackelford County being a survey of 320 acres of land in the name of the Texas Emigration and Land Company Abstract No. 370 Beginning at a stake in mound in prairie Being the north corner of survey 18° 369 from which a mesquite 5 in. dia[meter] bears S 26 E 41.58 varas another 3 in. dia. bears S 5 W 47.52 varas distant Thence S 45° W 1307 varas branch 2.58 varas wide course S E 1344 varas stake in mound for corner from which a mesquite 14 in. in dia. bears S 4 W 17.34 varas another 8 in. dia. South 5. East 17.28 varas distant Thence S 45 E 1.18 varas and of branch 1259 varas same branch 38.72 varas branch 1.81 varas wide course SE 95.04 varas same branch 2.57 varas wide 148.97 varas same branch 180 varas wide 194.11 varas same branch 1344 varas a stake in…

 

Page 259

 

…mound for corner from which a mesquite 6 in. dia. South 31.30 East 20.90 varas another 6 in. dia. bears south 2° 30’ west 15.68 varas Thence North 45° west 1344 varas to the place of beginning. Bearings marked (370) & T. E. L. CO. patented the 15th day of March 1858, and it appearing to the court that it is necessary to sell said tract of land to pay off the Expenses of administration and the indebtedness of said Estate. It is therefore ordered adjudged and decreed by the court that the said F. M. DAVIDSON proceed to sell at private sale for cash the above described tract of land for the purpose of paying the Expenses of administration and the indebtedness of said Estate and report the same according to law.

 

 

Est. of ISAAC STIMSON dec.

D. M. STIMSON Ex[ecutor]

Now on this day comes on to be heard the motion of D. M. STIMSON Extr. of the Estate of ISAAC STIMSON deceased to alter the order of this Court heretofore made in this behalf and said motion being in all things fully understood by the court, It is ordered adjudged and decreed that D. M. STIMSON Executor as aforesaid do sell all the real Estate of ISAAC STIMSON deceased on a credit of twelve months instead of six months as heretofore ordered by this court and in the terms and conditions as specified in said order of July 17th 1877 returning to the court an account of said sale as specified in said original order.

 

Page 260

 

Written in margin: Rec’d payment in full of this Judgment. July 13th 1878 Jenkins & Muse attys. For Jno. Phelps & Co.

 

JOHN PHELPS & CO.

1909 vs. Wednesday September

THOS. H. MURRAY 19th 1877

This day came the plaintiff by their attorneys and the said defendant having failed to appear and answer in this behalf but wholly made default wherefore the said JOHN PHELPS & CO. ought to recover against the said THOMAS H. MURRAY their 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 damages aforesaid at the sum of Three Hundred and ten and 73/100 (?) Dollars It is therefore considered by the court that the said plaintiffs JOHN PHELPS and H. H. YATES do have and recover of the said defendant THOS. H. MURRAY the sum of Three hundred and ten & 73/100 (?) Dollars with interest thereon at the rate of 8 percent per annum together with their cost in this behalf expended and that they have their 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.

 

JAMES FOSTER Wednesday September

1917 vs. 19th 1877

B. S. SHELBOURN This day came the plaintiff by their attorney and the said defendant having failed to appear and answer in this behalf but wholly made default wherefore the said JAMES FOSTER ought to recover against the said B. S. SHELBOURN his damages by occasion of the premises and it appearing to the court that the cause of action is liquidated and proved by an…

 

Page 261

 

…instrument of writing. It is ordered that the Clerk do assess the dames sustained by said plaintiff and the said Clerk now here having assessed the damages aforesaid at the sum of Two Hundred and forty one Dollars It is therefore considered by the court that the said plaintiff JAMES FOSTER do have and recover of the said defendant B. S. SHELBOURN the sum of two Hundred and forty on dollars with interest thereon at the rate of 8 % 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 part respectively for the cost by him in this behalf incurred.

 

Written in margin: Rec’d. payment in full of this Judgment. Nov. 285h 1877. Jenkins & Muse attys. For plff.

 

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

 

Friday morning September 21st 1877 court met pursuant to adjournment.

 

Ordered by the Court that R. L. WADDILL & H. B. (?) BROWN be excused as Jurors at the present term of this Court, the Court then (unreadable) to summon a (unreadable) of good and lawful men as Jurors, the sheriff then brought into court the following named persons who were duly impaneled and sworn to serve during the first week of this Court to wit S. D. HEARD, J. B. ROBERTSON, JAMES WOODS, W. R. C. MACK, and FRANK DOWELL.

 

 

W. P. MARSHALL Friday September

Guardian 21st 1877

Est. JOSEPH HALL a minor Now on this day came on to be heard…

 

 

Page 262

 

…the application of W. P. MARSHALL to be appointed guardian of the Estate of JOSEPH HALL a minor and it appearing to the Court that notice has been given according to law & no objection being filed, it is ordered by the court that said application be granted and that letters of guardianship issue to him upon his filing a bond with approved security in the sum of 200$ conditioned according to Law.

 

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

 

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

 

W. P. MARSHALL Saturday September

Guardian 22nd 1877

Est. JOS. HALL minor Now on this day [comes] W. P. MARSHALL and files his bond as guardian of the Estate of JOSEPH HALL 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.

 

 

A.S. GRAVES JR. Saturday September

Guardian 22nd 1877

JAKE GRAVES minor Now on this day came A. S. GRAVES JR. and files his bond as guardian of the person of JAKE GRAVES a minor & it appearing that the same is a good and sufficient…

 

Page 263

 

bond ordered that the same be approved and recorded.

 

 

ALEX BERRY Saturday September

admr. 22nd 1877

Est. LEWIS (?) SHIRLY dec’d. Now on this day this cause was continued for service

 

 

W. J. GARRETT Et al Friday September 21st

vs. 1877

L. GAY Et al Now on this day came on to be heard the plaintiff’s motion to dismiss the appeal in this cause as to L. B. GAY and the matters [and] things being fully understood by the court it is ordered that he be allowed to file new bond & that said motion be ordered to which plaintiff excepts.

 

W. J. GARRETT Et al Friday September

vs. 21st 1877

L. GRAY Et al Now this day came on to be heard the defendant’s motion to (unreadable) and suppress the depositions filed in this cause (?) and the matters and things being fully understood by the court the officer taking said depositions having (unreadable) his certificate it is ordered that the same be overruled, to which ruling defts. excepts.

 

W. J. GARRET Et al Friday September

vs. 21st 1877

L. GRAY Et al Now on this day comes the plaintiff by attorney and moves the court to dismiss this Cause & the matters and things being fully understood by the court it is ordered that the same be overruled to which the plaintiffs excepts.

 

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W. J. GARRET Et al Friday September

vs. 21st 1877

L. GRAY Et al Now on this day come the plaintiff and moves the court for leave ann___? Officers certificate, taking deposition showing that witnesses were sworn to answer cross interrogations and the matters and things being heard and fully understood by the Court it is ordered by the Court that the same be granted.

 

W. J. GARRET Et al

vs. Saturday September

L. GAY Et al 22nd 1877

Now on this day came on to be heard the above entitled cause and the parties by their attorneys appeared and announced themselves ready for trial and a Jury being demanded by Plffs. then came six good and lawful men, to wit W. R. C. MACK, and five others, to serve as Jurors who were duly impaneled and sworn and who after hearing the evidence the argument of counsel and charge of the court retired to consider their verdict and after mature deliberation returned into court the following verdict to wit, We the Jury find for the defendants.

W. R. C. MACK Foreman

It is therefore ordered and decreed by the court that the plaintiff take nothing by his suit that the defendant do hence without day and that he have and recover of and from the plaintiff W. J. GARNETT and M. L. GARRETT their Cost by them in this cause incurred and that the have their Execution and that Execution issue in favor of the officers…

 

Page 265

 

…of the court against each party respectively for the cost by them in this cause incurred.

 

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

 

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

 

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

 

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

 

 

Written in margin: Recd. on this Judgment $262.45 Apr. 22 1878 Jenkins & Muse, attys. for Plff.

Recd. June 6th (?), 1878 the sum of two hundred (unreadable) & 65/100 dollars Jenkins & Muse,

Attys. For Plff.

Recd, $183.00 in full of this Judgment July 22, 1878, Jenkins & Muse, Attys. For Plff.

 

 

THOS H. EMERSON & BROS. Tuesday

vs. September 25

A.H. SHIRLY (?) 1877

Now on this day the above entitled cause came on to be heard and the said defendants having wholly failed to appear and answer in this behalf but wholly made default wherefore the said plaintiffs ought to recover against the defendants his damages by occasion of the premises and therefore the court after hearing the evidence adduced (?) in the cause ordered adjudged and decreed that the plaintiffs have and recover of the defendant A. H. SHIRLY the sum of four hundred and seventy four and 08/100 Dollars with interest thereon at the rate of 5 % per month from the date of this Judgment together with 10 % upon the amount of money collected on this Judgment as attorney’s fees in this cause. It is further ordered…

 

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…and decreed that the plaintiffs have and recover of the defendants the all costs by them Expended in this behalf for which several sums of money let execution issue and that Execution issue against each party respectively for the cost by them in this cause incurred in favor of the officers of the court.

 

J. C. SNIDER Tuesday September

admr. 25th 1877

Est. J. C. McDONALD Now on this day comes J. C. SNIDER and files his account against said Estate for gathering Cotton &c belonging to the Estate & it appearing to the court that said account is correct it is ordered that the same be approved & allowed.

 

W. E. SMITH Tuesday September

Guardian 25th 1877

R. E. SMITH minor Now on this day comes W. E. SMITH guardian of the Estate of R. E. SMITH a minor and files his bond as guardian of said 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.

 

W. E. SMITH Tuesday September

Guardian 25th 1877

SALLIE E. SMITH Now on this day comes W. E. SMITH and files his bond as guardian of the Estate of SALLIE E. SMITH a minor and it appearing to the court that the same is a good and sufficient bond, it is ordered by the court that said…

 

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…bond be approved and recorded.

 

JOS. W. BAINES

vs. Tuesday September

Est. PETER WETSEL 25th 1877

Now on this day comes JOSEPH W. BAINES and presents his application for the probate of the last will and testament of PETER WETSEL Deceased and said will being read in open court and it appearing that JOS. W. BAINES was appointed Executor of said will and JOE FORMAN one of the subscribing witnesses to said will coming into open court and being sworn says that PETER WETSEL on the 4th day of July A. D. 1877 being at the time of sound mind in the presence of affiant caused W. L. MERONY by his directions to sign the within and foregoing will for him in his presence and in the presence of affiant and that said deceased signed said will in presence of himself and said W. L. MERONY as witnesses and that said deceased was over the age of 21 years of age and that he and said MERONY were over the age of 14 years and it appearing to the court that due notice of said application has been given according to law, it is therefore and decreed by the court that said prayer be granted and that said will be admitted to probated and that said JOSEPH W. BAINES be appointed Executor of said Estate and that he file an inventory of said Estate & give a bond with good and approved security in the sum of $500.00 & take the…

 

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…oath prescribed by law and that said will be recorded.

 

JOS. W. BAINES Tuesday September

vs. 25th 1877

Est. PETER WETSEL Ordered by the court that JOE FOREMAN, F. J. VANCE and HOMER SMOOT be appointed appraisers of the Estate of PETER WETSEL.

 

 

OGLESBY KIRKPATRICK & CO. Tuesday

vs. September

W. N. BUSH 25th 1877

Now on this day came the parties in the above entitled cause announced themselves ready for trial and the defendant having demanded a Jury and the regular Jury having been dismissed the Court ordered the sheriff to summon six good and lawful Jurors to serve in this cause who then returned into Court the following persons who were impaneled and sworn to serve as a Jury in the trial of this cause to wit, W. H. TAYLOR, J. W. BONE, L. H. FOOTE, W. L. BOYD, J. B. HOWELL & HENRY SHIELDS.

 

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

 

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

 

OGLESBY KIRKPATRICK & CO. Wednesday

vs. September

W. N. BUSH 26th 1877

Now on this day came on to be heard the above styled cause and (unreadable)…

 

Page 269

 

…by their attorneys appeared and announced themselves ready for trial and a Jury being demanded by the defendant then came a Jury of six good and lawful men who were duly impaneled and sworn and who after hearing the Evidence argument of the counsel and charge of the Court retired to consider their verdict and after mature deliberation returned into court and says they cannot agree and after an agreement between the parties the Jury was discharged and this cause was continued by consent.

 

 

THOS. P. T. McLEAN Wednesday

vs. September 26th

JAMES L. WHITE 1877

Now on this day came on to be heard plaintiff’s motion for a new trial in this cause and the matters and things set forth in said motion beings fully understood by the court, it is ordered and decreed by the court that the same be overruled.

 

W. J. GARRET Et al Wednesday

vs. September 26th

L. GAY Et al 1877

Now on this day come on to be heard plaintiff’s motion a new trial and the matters and things set forth in said motion being heard and fully understood by the court, it is ordered and decreed that the same be overruled to which the plaintiffs excepts and gives notices of appeal, to the Court of appeals.

 

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Ordered that court adjourn until Saturday morning September 29th 1877.

 

J. M. BENGE a/c $25.00

Ordered by the Court that J. M. BENGE Clerk of the County Court be allowed the sum of Twenty five Dollars for Ex officer services rendered in the preservation of the County Records making necessary indexes &c from May 19th 1877 to August 19 1877.

 

MARGARET GRAVES Saturday September

Guardian 29th 1877

MARY GRAVES Now on this day comes MARGARET GRAVES and files her bond as guardian of the person of MARY GRAVES 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.

 

G. A. WILSON Saturday September

Admr. 29th 1877

Estate of L. T. & E. B. MORRIS deceased Now on this day comes G. A. WILSON and files his bond as Administrator of the Estates of L. T. & E. B. MORRIS deceased and it appearing to the court that the same is a good and sufficient bond it is ordered by the court that said bond be approved and recorded.

 

G. A. WILSON Saturday September

Admr. 29th 1877

Estate of L. T. & E. B. MORRIS deceased Now on this day comes G. A. WILSON

 

Page 271

 

…administrator of the Estates of L. T. & E. B. MORRIS Deceased and files an inventory of all property belonging to said Estate that has come to his hands and it appearing to the Court that the same is correct in all things it is ordered that the same be approved and recorded.

 

G. A. WILSON Saturday September

Admr. 29th 1877

Estate of L. T. & E. B. MORRIS deceased Now on this day came on to be heard [the] application of G. A. WILSON administrator of the Estate of L. T. & E. B. MORRIS deceased to sell the personal property belonging to the Estate. And it appearing to the Court that said sale is necessary it is ordered that the same be granted and that the administrator be ordered to sell said property at public sale on a credit of six months on all sums over twenty five Dollars, and that he report to this court.

 

HENRY L. BUSH Et al Saturday September

vs. 29th 1877

Est. O. E. BUSH dec’d. This day came on to be heard applicant’s petition for a redistribution of the undistributed residue of the Estate of O. E. BUSH dec’d. and D. M. BUSH dec’d. ordered by the court on the 21st day of March A. D. 1877 by the Court to be partitioned between the heirs of said O. E. & D. M. BUSH and said applicants appearing by attorney and said HARRIET F. BUSH and O. H. BUSH appearing by Attorney having been duly cited, and it appearing to the court that said C. P. BUSH had died unmarried and Childless since said order of partition and died indebted…

 

Page 272

 

…to no one that said O. H. BUSH WALTER FUEL (FAVELL?), W. R. BUSH, H. L. BUSH, E. M. BUSH and SUSAN E. HERNDON are the heirs at law of said C. P. BUSH. It is ordered and adjudged by the court that that said H. BUSH, WALTER FUEL (FAVELL?), W. R. BUSH, H. L. BUSH, E. M. BUSH and SUSAN E. HERNDON be substituted to be the bequests of said C. P. BUSH in said order of petition of said residue of said Estate and the said undistributed residue of said Estate being and consisting of the following described tract of land—to wit situated in Collin County about 8 miles west of the City of McKinney on the waters of Rowlett Creek being a portion of 320 acres of land patented to DAND. (?) L. MELTON assignee of THOMAS PHILLIPS and being a portion of 94 acres of land out of said 320 acres conveyed March 20th 1862 by said MELTON and wife to OLIVER E. BUSH Beginning at the S E corner 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 be partitioned and distributed among and between the said heirs of O. E. and D. M. BUSH according to quantity and quality as follows to wit to O. H. BUSH 1/14 + 1/11 (1/14 +1/16) One fourteenth and One Eleventh of One fourteenth and One sixteenth to W. R. BUSH. H. l. BUSH, E. M. BUSH and SUSAN E. HERNDON each 1/14 + 1/16+2/11 (1/14+1/16) One fourteenth and one sixteenth…

 

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…to WALTER FAVELL 2/3(1/14+1/16) +2/11 (1/4+1/16) two thirds of one fourteenth and one sixteenth and two Elevenths of one fourteenth and one sixteenth and to C. H. P FUELL (?) 1/3 (1/14+1/16) one thirds of one fourteenth and one sixteenth thereof and that A. E. QUINESBERRY, J. S. DOWELL and DAVID MELTON SR. be appointed commissioners to partition said land between said parties and that they report at the next term of this court.

 

BENGE’S REPROT

 

Now on this day comes JNO. BENGE Clerk Co. Court and files the following as his report of Jurors who have served at the present term of this court the number of days served and the amount due each and the amount of money received and disbursed by him since his last report.

 

Names of Jurors

No. of days

Amt.

W. L. BOYD

2

4.00

J. W. BONE

2

4.00

W. H. TAYLOR

2

4.00

L. A. FOOTE

2

4.00

J. B. HOWELL

2

4.00

HENRY SHIELDS

2

4.00

HENRY SHIELDS [note entered twice]

2

6.00

J. H. WOODS

2

4.00

W. R. C. MACK

2

4.00

FRANK DOWELL

2

4.00

S. D. HEARD

2

4.00

J. B. ROBERSTON

2

4.00

 

And that he has issued scrip to each Juror for the amount set opposite their names. And that he has received since his last report the following amts.

Received in Cause of W. J. GARRET Et al……………………………………………………………………………3.00

Amount on Money on hand last report………………………………………………………………………………....4.00

Bal. on hand 7.00

 

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All of which is Respectfully submitted.

J. M. Benge Clerk

And it appearing to the court to be correct it is ordered that the same be approved.

 

R. C. WOOD Saturday September

Guardian 29th 1877

Est. W. D. BALDWIN Now on this day comes R. C. WOOD and files his bond as guardian of the person and Estate of W. D. BALDWIN a minor and it appearing to the Court hat the same is a good bond it is ordered that the same be approved and recorded.

 

VIRGIL MORRIS Saturday September

vs. 29th 1877

G. A. WILSON admr. Now on this day came on to be heard the motion of VIRGIL

Est. of L. T. &. E. B. MORRIS decd. MORRIS to strike from the inventory of the Estate of L. T. & E. B. MORRIS, decd. a certain sow & pigs and one half of the rent on 30 acres of land & it appearing to the court that G. A. WILSON administrator of said Estate has had due notice of this which being heard and fully understood by the Court it is considered that the law is for the plaintiff in the motion as to the sow & pigs and against him as to the rent it is therefore ordered that said sow & pigs be stricken from the inventory and no longer be considered assets of said Estate & that the item of rent be retained in said inventory & the administrator has in possession…

 

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…of the same as assets of the estate of said L. T. & E. B. MORRIS decd. to which last (unreadable) the said VIRGIL MORRIS excepts & gives notice of appeal to the District Court.

 

 

M. &. L. BAXTER, minors Saturday September

vs. 29th 1877

G. A. WILSON admr. Now on this day came on to be heard the motion of M. & L.

Est. of L. T. & E. B. MORRIS decd. BAXTER minors by their friend VIRGIL MORRIS (unreadable) from the inventory of the Estate of L. T. & E. B. MORRIS deceased 2 certain yearlings, which being heard and fully understood by the court it is considered that the law is for the plaintiff. It is therefore ordered that said yearlings be stricken from the inventory and no longer be considered assets of said estate.

 

THOS. H. MORRIS Saturday September

vs. 29th 1877

G. A. WILSON admr. Now on this day came on to be heard the motion of THOS.

Est. of L. T. & E. B. MORRIS decd. H. MORRIS to strike from the inventory of the Estate of L. T. & E. B. MORRIS decd. 1 shot gun & 1 saddle & mare & it appearing that G. A. WILSON admr. has had due notice of the same which being heard and fully understood by the court, it is considered that the law is for the plaintiff. It is therefore ordered that said shotgun, mare & saddle be stricken from the inventory and no longer be considered assets of said Estate. It is further ordered that an account of 50$ against THOS. H. MORRIS be added to the inventory & list of claims of said Estate.

 

Page 276

 

Ordered that court adjourn until Tuesday morning 9 o’clock Oct. 2nd 1877.

 

Tuesday morning 9 o’clock Oct. 2nd 1877. Court met pursuant to adjournment.

 

JOS. W. BAINES Tuesday October

Extr. 2nd 1877

Est. PETER WETSEL deceased Now on this day comes JOS. W. BAINES and files his bond as Executor of the Estate of PETER WETSEL deceased for approval and it appearing to the court that said bond is a good and sufficient one it is ordered and decreed by the court that the same be approved and recorded.

 

 

JOS. W. BAINES Tuesday October

Guardian 2nd 1877

Est. B. WETSEL Now on this day comes JOS. W. BAINES and files his bond for approval as guardian of the person and Estate of F. B. WETSEL a minor and it appearing to the court that said bond is a good and sufficient one it is ordered that the same be approved and recorded.

 

JOS. W. BAINES Tuesday October

Guardian 2nd 1877

Est. ROBT. WETSEL Now on this day comes JOS. W. BAINES and files his bond for approval as guardian of the person and Estate of ROBERT WETSEL a minor and it appearing to the court that the same is a good…

 

Page 277

 

…and sufficient bond it is ordered and decreed by the court that the same be approved and recorded.

 

Ordered that Court adjourn in Course.

Read & approved.

T. C. Goodner

Co. Judge

 

The State of Texas Saturday Oct. 20, 1877

Collin County In Vacation

 

Ordered by the county Judge of Collin County in Vacation that J. BOGGESS, JNO. SALMONS & WM. MURPHEY be appointed appraisers of the community property of JAMES M. GATES and his Deceased wife S. E. GATES and that they make their Report according to law—

T. C. Goodner

Co. Judge

 

Page 278

 

 

State of Texas

Collin County Be it remembered that there was begun and holden at the Court House in the City of McKinney on the 19th day November A. D. 1877, (it being the 3rd 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, J. M. BENGE, Clerk when the following proceeding were had to wit:

 

E. E. DUNCAN Monday November 19th

vs. 1877

W. S. &. J. W. BARNETT Now on this day came on to be hear the application of E. E. DUNCAN to be appointed guardian of the Estate of W. S. & J. W. BARNETT minors and the matters and things set out in said application being heard and fully understood by the court and it appearing that 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 a bond in the sum of One Hundred dollars each, with approved security and taking the oath prescribed by law.

 

JOHN COX Monday November 19th 1877

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

ELDORA HUNTER a minor law.

 

E. E. DUNCAN Monday November 19th 1877

Gdn. Now on this day comes E. E. DUNCAN and files his bond

J. W. BARNETT a minor as guardian of J. W. BARNETT a minor and it appearing to the…

 

Page 279

 

…the same is a good and solvent bond it is approved and ordered to be recorded.

 

E. E. DUNCAN Monday November 19th

Gdn. 1877

W. S. BARNETT a minor Now on this day comes E. E. DUNCAN and files his bond as guardian of the Estate of W. S. BARNETT a minor and it appearing to the Court that the same is a good & solvent bond it is approved and ordered recorded.

 

E. E. DUNCAN Monday November

Gudn. 19th 1877

J. W. BARNETT a minor Now on this day WM. PRUITT, S. J. McMINAMY and JOHN GRIFFITH were appointed appraisers of the Estate of J. W. BARNETT a minor.

 

 

E. E. DUNCAN Monday November 19th

Gdn. 1877

W. S. BARNETT a minor Ordered by the court that WM. C. PRUITT, JNO. GRIFFIN and S. J. McMINAMY be appointed appraisers of the Estate of W. S. BARNETT a minor.

 

J. M. HOLT Monday November 19th 1877

vs. Now on this day comes the Plff. by his Attys. and moves the

G. A. MIMS Et al Court to dismiss the appeal in this Cause and the matters and things set out in said motion being heard and fully understood by the court it is overruled.

 

Page 280

 

E. W. STANDFORD

vs. Monday November

D. S. CLAIBORNE 19TH 1877

Now on this day comes the Plff. by atty. and moves the court to dismiss the appeal in this cause and the matters and things being fully understood by the court it is ordered that the same be overruled.

 

Now on this day came on to be heard the petition of twenty one free holders 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 all of Justice Precinct No. 7 Except that south of the road from Boyd Mile to Millwood and that west of the road from Millwood to Rockwall and the matters and things in said petition being heard and fully understood by the Court, it is ordered that the prayer be granted and that an election be held in accordance with said petition by W. H. BRUMMETT presiding officer at Bear Creek school House and JAMES D. NAYLOR Presiding officer at Millwood on Saturday December 29th 1877and that notice of the same be given for four weeks in the McKinney Inquirer for four weeks.

 

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

 

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

 

Page 281

 

V. H. ALLEN Monday November 19th 77

Admrx. Now on the day came on to be heard the report of V. H.

Est. of M. W. ALLEN Dec. ALLEN Admrx. of the Estate of M. W. ALLEN Dec. of the sale to ELI SMITH [of] the undivided one fourth interest in the land herein after described for the sum of three dollars per acre on a credit of twelve months to wit One fourth interest in 240 acres in the name of JNO. C. YATES in Tarrant County Beginning at the SW corner of the WM. L. NANN 640 acre survey Thence S 959 varas SE cor. of J. M. GREGORY survey and NW cor. of W. W. WALLACE survey Thence E with N line of said WALLACE survey at 1475 varas the SW cor. of W. H. COCK survey Thence N 959 varas a stake Thence W 1475 varas to the beginning and it appearing to the court that said land sold for its reasonable value, it is ordered adjudged and decreed that said sale be in all things approved and confirmed and said admx. V. H. ALLEN make to said ELI SMITH deed there for taking note with personal security and mortgage on the land to secure the payment of the purchase money.

 

S. C. COFFEY Monday November

Gdn. 19th 1877

L. & MARY REAGAN On this day came on to be heard the Exhibit & final report of S. C. COFFEY guardian of LETITIA & MARY REAGAN minors and it further appearing to the court that said LETITIA has become of age by marriage with DAVID REXRODE (?)…

 

Page 282

 

…and they each have accepted service and waived issuance of process and time &c and it further appearing that said report is fair full and complete report of all moneys in said guardian’s hands and that said LETITIA’S share in the same has been paid over to her and her and her husband’s receipts taken for the same and file, it is ordered adjudged and decreed that the same be in all things approved and that said S. COFFEY guardian be discharged from his trust as guardian of LETITIA. It is further appearing to the Court that the lands belonging to said minors’ Estates was used and occupied by their parents as a homestead and that the same is not capable of division and it is to the interest of MARY REAGAN yet a minor that the same be not partitioned. It is further ordered that said guardian Keep possession of the same until the said MARY shall become of age and after the payment of all necessary expenses he is to account to and pay over to LETITIA REXRODE the one half the rents & profits thereof.

 

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

 

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

 

THOS. H. EMERSON Wednesday

1918 vs. November 21st 1877

S. K. INGRAM Et al Now on this day plff. have leave to amend.

 

 

Page 283

 

B. W. RHINE Wednesday November

1920 vs. 21st 1877

JAMES N. FORD Et al Now on the day comes the Plff. B. W. RHINE by attys. and says he will no further prosecute this suit and asks permissions of the court to withdraw notes filed in this Cause. It is therefore ordered by the Court that this cause be dismissed from the docket and that plff. have leave to withdraw notes on filing copies of the same & that the defendants have and recover of and from the Plff. all costs incurred in this suit & that he have his execution & that execution issue in favor of the Officers of the Court against each part respectively for the cost by them incurred.

 

THROCKMORTON BROWN & BRO. Wednesday

1922 vs. November 21st

PETER HANNAH 1877

Now on the day the cause was continued for service

 

HATLER and OSBOURNE Wednesday

1928 vs. November 21st

HUNTER and LEE Now on this day this cause was continued by consent.

 

J. M. HOLT Wednesday November 21st

vs. Now on this day comes the plaintiff and moves the Court

G. H. MORRIS to allow Constable to amend return on writ of attachment & the matters and things in said motion being heard and fully understood by the Court it is ordered that the same be granted.

 

Page 284

 

W. P. MARSHALL Wednesday Nov.

vs, 21st

JOS. HALL minor Now on this day comes W. P. MARSHALL and files his inventory of all property belonging to the Estate of JOS. HALL a minor and it appearing to the court to be correct was approved and ordered recorded.

 

L. ADAMSON Wednesday November

Admr. 21st

Est. THOS. ADAMSON Now on the day this Cause was continued.

 

W. M. LEE Monday November

vs. 21st 1877

Est. M. S. SIMPSON Ordered by the Court that this Cause be dismissed.

 

L. O. CLAYTON Wednesday November

Gudn. 21st 1877

Est. BELL & HUGH O. CLAYTON minors Now on this day comes L. O. CLAYTON guardian of the persons and Estates of BELL & HUGH CLAYTON minors and files an inventory of all property belonging to the Estates of said minors and it appearing to the Court to being in all things correct it is ordered that the same be approved and recorded.

 

H. H. FINLEY Wednesday

vs. November 21st

Est. SAMSON FINLEY Dec. 1877

Now on this day comes H. H. FINLEY and files his application to be appointed administrator of the Estate…

 

Page 285

 

 

…of SAMSON FINLEY Dec. and it appearing that notice required by has been given and no protest being filed it is ordered that the same be granted upon his filing a bond with approved security in the sum of ($1600) & taking the oath prescribed by law.

 

H. H. FINLEY Wednesday

vs. November 21st 1877

Est. SAMSON FINLEY Ordered by the court that DAVID BUTTON (?), WM. M. BUSH and H. E. QUISENBERRY be appointed appraisers to value the property belonging to the Estate of SAMSON FINLEY Dec.

 

WM. SPURGIN Wednesday November

admr. 21st 1877

Est. C. V. SPURGIN Now on this day this cause was continued for notice.

 

Now on this day comes the Sheriff of Collin County and returns into Court the Jury List selected by the Jury Commissioners for the Civil County Court, all of whom failed to appear and were excused except F. M. WARDEN, A. J. LEWIS, JOHN B. KERR & J. L. KERR. The Court then ordered the sheriff to summon a sufficient number of good & lawful men to fill the vacancy. The sheriff then summoned Z. T. PEAKE & N. P. WALKINS (?), All of whom were duly impaneled and sworn to serve during the first week of this Court.

 

Page 286

 

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

 

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

 

W. E. SMITH Thursday November

Guardian 22nd 1877

Est. R. M. & S. E. SMITH minors Now on this day comes W. E. SMITH and files an inventory of all property belonging to the Estate of R. M. and S. E. SMITH minors & it appearing to the Court to be correct was approved and ordered recorded.

 

JOS. W. BAINES Thursday November

Extr. 22nd 1877

Est. PETER WETSEL Deceased Now on this day comes JOSEPH W. BAINES Extr. of the Estate of PETER WETSEL Deceased and files an inventory of all property belonging to said Estate and it appearing to the Court to be in all things correct was approved and ordered recorded.

 

JOSEPH W. BAINES Thursday November

vs. 22nd 1877

Est. JAMES O. SIMPSON Now on this day comes JOSEPH W. BAINES and files his application to be appointed guardian of the Estate of JAMES O. SIMPSON a minor. And it appearing that notice required by law has been given it is ordered and decreed 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…

 

Page 287

 

..security in the sum of one thousand dollars and taking the oath prescribed by law.

 

JAMES M. GATES Thursday November 22nd

vs. 1877

S. E. GATES Now on this day comes J. M. GATES and files his bond in the community Estate of himself and his deceased wife S. E. GATES and it appearing to the court that the same is a good bond it is approved and ordered recorded.

 

JAMES M. GATES Thursday November

vs. 22nd 1877

S. E. GATES Now on this day comes J. M. GATES and files an inventory of all the property belonging to the community Estate of himself and deceased wife and it appearing to the court that it is in all things correct it is approved and ordered recorded.

 

J. C. SNIDER Wednesday November

admr. 21st 1877

Est. J. C. McDONALD Now on this day came on to be heard the application of J. C. SNIDER administrator of the Estate of J. C. McDONALD Deceased to sell the following described tract of land situation in Collin Co. on the water of East Fork of Trinity about 4 miles NE from McKinney being part of a survey made in the name of H. T. CHENOWORTH. Beginning at the NE corner of a 15 ½ acre tract sold by K. R. CRAIG to J. C. SNIDER a stake from which a Spanish oak 8 in. in dia. mkd. X bears South ° E 73 links Thence E 6 30/100 chains a stake from which a Spanish oak 8 in. in…

 

Page 288

 

…dia. mkd. X brs. south 73 °west 17 links Thence South 30 27/100 chs. a stake in the E line of a 26 acre tract owned by J. C. SNIDER from which a forked bois d’arc 10 in. in dia. mkd. X brs. N 63°E 47 lks. Thence North 26° West 14 46/100 chains to the NE corner of said 26 acre tract a corner on an ash 10 in. in dia. mkd. X Thence N 14 27/100 chains to the beginning containing fifteen acres of land. And it appearing to the Court that it is necessary to sell said land to pay debts of the Estate It is therefore ordered that said administrator be authorized to sell the same at private sale for cash and that he make his report to this court.

 

W. P. MARSHALL Wednesday November

Guardian 21st 1877

JOSEPH HALE a minor Now on the day comes on to be heard the application of W. P. MARSHALL guardian of the Estate of JOSEPH HALL a minor to sell the following described real property belonging to the Estate of JOSEPH HALE, to wit an undivided one eighth interest in Lots 156 and 157 in Block No. 26, in the town of McKinney, Texas as Known and designated on the plat of said city. And it appearing to the Court that the sale of said property is necessary to satisfy debts against said Estate for the support and maintenance of said minor And it further appearing that notice of said application has been given according to law, It is therefore ordered and decreed by the court that said guardian be authorized to sell the above described property…

 

Page 289

 

…for cash, at private sale and that he make his [report] at the present term of this court.

 

Written in margin: Paid Waddill 6.00 for 3 days.

 

Ordered by the Court that N. P. WATKINS be excused as a Juror and that R. L. WADDILL be substituted in his place to serve the balance of the week during the present term of this Court, who was duly impaneled and sworn.

 

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 Aug. 10, 1878 on this Judgment ninety dollars. Jenkins & Muse attys. for Emersons & Bro.

More written but not readable.

 

THOS. H. EMERSON & BRO. Friday November

vs. 23rd 1877

S. K. INGRAM Et al Now on this day came on to be heard the above styled cause and the said defendant having failed to appear and answer in their behalf but wholly made default wherefore the said THOS. H. EMERSON and T. T. EMERSON ought to recover against the said S. K. INGRAM and J. B. ENGLEMAN their damages by occasion of the premises and it appearing to the Court 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 damages aforesaid at the sum of Two Hundred and (unreadable)/100 Dollars ($221.35/100) It is therefore considered…

 

Page 290

 

…by the Court that the said plaintiff do have and recover of the said defendant the sum of Two Hundred and sixteen Dollars and thirty five cents with interest thereon at the rate of one per cent per month Together with their Cost in this behalf expended and that he have his execution It is further ordered that Execution issue in favor of the Officers of the Court against Each party respectively for the Cost by him in this behalf incurred.

 

 

THIS FOLLOWING ENTRY MAKRED “RESCINDED”

 

E. W. STANDFORD Tuesday November

vs. 20th 1877

D. S. CLAIBOURNE Now on this day the cause came on for trial and both parties by their attorneys appearing & announced ready for trail, and a Jury being waived and the matters and things submitted to the court, who after hearing the evidence and argument of counsel gave Judgment for the defendant. It is therefore ordered and decreed by the Court that the defendant have and recover from the plaintiff all cost accrued in this case and that he have his execution and that execution issue in favor of the officers of the court against each part respectively for the Cost be them incurred. And it is further ordered by the court that R. E. WILSOXSON Constable of Precinct No. 2 Collin Co. deliver to the defendant the horse in controversy in this suit.

 

Page 291

 

JOHN P. HUNTER

vs. Wednesday November

ESTES BERRY & CO. 22ND 1877

Ordered by the Court that RICHARD MALTBIE have leave to go on bond for cost in this Cause.

 

 

JOHN P HUNTER Wednesday November

vs. 22nd 1877

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

 

 

A.J. SCRIBNER Friday November

vs. 24th 1877

H. & T. C. RWY. CO. Now on this day this cause was continued by consent.

 

 

JOHN HAVILL Friday November

Guardian 24th 1877

FRANKLIN HAVILL And now at this term of the court comes JOHN HAVILL who was, at a former term of this court, duly appointed guardian of the person and Estate of JOHN F. HAVILL a minor and whereas said minor is entitled to a pension (?) from the United States Government but that said minor name appears on said pension roles as FRANKLIN HAVILLE instead of JOHN HAVILL and it appearing to the Court that JOHN F. and FRANKLIN HAVILL is the identical same person It is therefore ordered adjudged and decreed by this court that records thereof be…

 

Page 292

 

…amended and changed so that the name of the said minor shall stand as FRANKLIN HAVILL instead of JOHN F. HAVILL.

 

 

I.P. HOWARD Saturday November 24/77

admr.

Est. E. B. HOWARD Now on this day came on to be heard the application of I. P. HOWARD administrator of the Estate of E. B. HOWARD dec’d. to sell the remainder of the personal property belonging to the Estate of his intestate and the Court having fully considered said application, Ordered and decreed that the administrator aforesaid be and he is hereby authorized to sell the residue of the personal property belonging to the Estate of said E. B. HOWARD dec. at public sale after having given legal notice of said sale at the residence lately occupied by his intestate on Wednesday the 5th day of December 1877, that said property be sold on a credit of six months and that he take the note of the purchasers of property at said sale for the amount of their bids with approved security. It is further ordered that the administrator make report of his action in the sale of said property within 30 days from the date of the sale thereof.

 

W. A. D. JONES

Guardian Saturday November 24th

Minor heirs of E. M. JONES Now on this day came on to be heard the report for final settlement and annual Exhibit of W. A. D. JONES guardian of the Estate of the minor heirs of E. M. JONES deceased and the…

 

Page 293

 

…Court having fully examined said report, and it appearing to the court that two of the said minor MARGARET ANN & ALEXANDRA (?) S. JONES had married it is ordered and decreed upon the filing of receipts from them by the said Guardian W. A. D. JONES for the (unreadable) for the full amount due them as herein after so forth be discharged from his trust as guardian of the two said wards And it further appearing to the court that there is the sum of Three Hundred and forty nine & 57/100 Dollars now in hands of said guardian belonging to his wards it is ordered and decreed by the Court that the guardian pay over to the two wards who have married each one fourth of said amount less their proportion of the Court Costs that have accrued up to this time. It is further ordered that so far as said report pertains to the Estate of the two remaining minors it be in all things confirmed.

 

 

JAMES FOSTER

vs.

B. S. SHELBURN Now on this day came on to be heard the answer of S. P.

S. P. LUNSFORD Garnisher LUNSFORD garnisher in the above suit and it appearing to the court from the answer of the said LUNSFORD that he was indebted to the defendant B. S. SHELBURN in the sum of Eighty three dollars balance due in a note given by the said LUNSFORD to defendant SHELBURNE (sic) on the 14th day of April 1874 and the further sum of forty one dollars due from said LUNSFORD to defendant on account. It is therefore ordered and decreed by the Court that the…

 

Page 294

 

…plaintiff have and recover of the said LUNSFORD the sum of Eighty three dollars with interest thereon from the date of This Judgment at the rate of 12 per cent per annum and the further sum of forty one dollars with interest thereon from the date of this Judgment at the rate of 8% per annum that when the said LANSFORD shall pay off this Judgment it shall operate as an extinguishment of his said indebtedness to the said defendant B. S. SHELBURN that the amount recovered by plaintiff of the said garnishee LUNSFORD shall be a payment of so much of the Judgment recovered by plaintiff against the said defendant B. S. SHELFURN at the last term of this Court that the garnisher have and recover the Cost in this behalf expended & that the same be taxed against said defendant SHELBURN and that upon the failure or refusal of the said LUNSFORD to deliver to the sheriff of this County the amt. that he has admitted he owes to said defendant SHELBURN when the same has been demanded of him and the return of such fact having been made to the Court the Clerk of this Court is authorized to issue an Execution in favor of the plaintiff JAMES FOSTER against the garnishee S. P. LUNSFORD.

 

Written in margin (beside the entry above) Rec’d Nov. 22nd 1877 the sum of Twenty (?) four dollars on the Judgment Jenkins & Muse attys. for plff.

 

Written in margin: (beside the entry below) Recd.) Judgment in full of this judgment Dec. 18th 1877.

 

JOS. W. BAINES Assignee

OGLESBY KIRKPATRICK & CO. Thursday Nov.

1912 vs. 22ND 1877

WM. N. BUSH Now on this day this cause came on for trial and the parties by their attorneys appeared and announced themselves ready for trial…

 

Page 295

 

…and a Jury being demanded then came a Jury of six good and lawful men to wit F. M. WARDEN and five others who were duly impaneled and sworn and who after hearing the evidence argument of counsel and charge of the court retired to consider their verdict and after mature deliberation returned into court the following verdict to wit, We the Jury find for the defendant. F. M. WARDEN, Foreman

It is therefore ordered and decreed by the court that the plaintiff taking nothing by this suit and that the defendant have and recover and from the Plaintiff his cost in this cause expended and that the have his execution and that Execution issue in favor of the officers of the Court against each party respectively for the cost by them incurred.

 

 

W. R. SHORT Friday November

vs. 23rd 1877

CITY OF McKINNEY Now on this day the above styled cause came on for trial and bother parties by their attys. announced ready and a Jury being demanded by the Plff. then came a jury of six good and lawful men to wit F. M. WARDEN and five others who were duly impaneled and sworn who after hearing the evidence arguments of counsel and charge of the court retired to consider their verdict and after mature deliberation returned into court the following verdict to wit, We the Jury find for the Plff. $25.64. F. M. WARDEN, Foreman. It is therefore ordered adjudged and decreed by the Court that the…

 

Page 296

 

…plaintiff W. R. SHORT have and recover of and from the CITY OF McKINNEY the sum of $25.64 Together with all cost accrued in this suit and that a copy of this Judgment be certified to said (unreadable) execution in favor of the officers of the Court against the Plff. W. R. SHORT for the cost by him incurred.

 

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

 

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

 

 

JOS. W. BAINES Assignee Saturday

of OGLESBY KIRKPATRICK & CO. November 24th

vs. 1877

W. N. BUSH Now on this day comes plaintiff in this cause and move(s) the court to grant them a new trial and the matters and things in said motion being heard and fully understood by the Court it is ordered that the same be overruled to which ruling the plaintiff excepts and gives notice of appeal to the Court of Appeals.

 

Ordered by the Court that R. L. WADDILL be excused as a Juror.

 

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

 

Monday morning November 26th 1877 Court met pursuant to adjournment.

 

Page 297

 

Now on this day H. C. MALLOW was impaneled as a Juror in place of R. L. WADDILL excused.

 

Written in margin: Rec’d payment in full of this Judgment Dec. 7th 1877 Jenkins & muse attys. for pltff.

 

J. W. FRANKLIN Monday November

1925 vs. 26th 1877

H. & T. C. RWY. CO. Now on this day this cause came on to be heard and the parties by their attorneys announced themselves ready for trial and a Jury being demanded by the Plaintiff Then came a Jury of six good and lawful men to wit F. M. WARDEN and five others who were impaneled and sworn and who after hearing the evidence argument of counsel and charge of the court retired to consider their verdict and after mature deliberation returned into court the following verdict to wit: We the Jury find for the plaintiff fifty Dollars interest included. F. M. WARDEN Foreman. And it appearing to the court that this cause was appealed from Justice Court precinct No. 1 Collin Co. and it appearing that the Judgment rendered in this Court was for a less amount than that rendered in Justice Court, It is therefore ordered and decreed by the Court that the Plff. J. W. FRANKLIN have and recover of from the defendant the H. & T. C. RWY. CO. the sum of Fifty Dollars with interest from the date at the rate of 8 % per annum and all cost accrued in this Court and that the H. & T. C. RWY. CO. have and recover from the plff. J. W. FRANKLIN all cost accrued…

 

Page 298

 

…in Justice Court and that they have their executions and that Execution issue in favor of the officers of the Court against each party respectively for the cost by them incurred.

 

H. H. FINLEY Monday November 26th

vs. 1877

Est. SAMPSON FINLEY Now on this day comes H. H. FINLEY admr. (?) and files his bond as administrator of the Estate of SAMPSON FINLEY Deceased and it appearing to the Court that the same is a good and sufficient bond it is approved and ordered reported.

 

H. H. FINLEY Monday November 26th

vs. 1877

Est. SAMPSON FINLEY Now on this day comes H. H. FINLEY administrator of the Estate of SAMPSON FINLEY Dec. and files an inventory of all property belonging to said Estate and it appearing to the Court that the same is in all things correct it is approved and ordered recorded.

 

H. H. FINLEY Monday November

vs. 26th 1877

Est. SAMPSON FINLEY Dec. Ordered by the court that W. O. MARSHALL be appointed appraiser to value the property of the Estate of SAMPSON FINLEY Dec. in place of A. E. QUISENBERRY absent from the county.

 

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

 

Page 299

 

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

 

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

 

Wednesday Morning Court met pursuant to adjournment.

 

J. M. HOLT Wednesday November

vs. 28th 1877

G. H. MIMS & W. J. GORE Intervener Now on this day comes the parties by their attorney and files the following agreement and asks the court to make an order directing PETER O. HALE Constable Precinct No. 7 to proceed forthwith to gather the cotton in controversy in this cause and have it ginned and hold the same subject to the further order of this court.

J. M. HOLT Puff.

ALBERNATHY BROS. for

Minors and GORE

It is therefore ordered and decreed by the court that PETER O. HALE constable Precinct No. 7 do gather & gin the cotton in controversy, and that he hold the same subject to an order of this court.

 

D. B. WYLIE

Admr.

Est. JOEL TODD Deceased Now at this term of the Court came on to be heard the report of D. B. WYLIE administrator of the Estate of JOE TODD deceased of his action in the sale of the following described tract of land to wit: Being a part of a survey of land made in the name of JAMES WHITE on the …

 

Page 300

 

…water of Pilot Grove Creek Beginning in the E line of said WHITE survey on the S Bank of branch a Spanish oak marked X brs. S 20°W 10 lks. to the same being the NE Corner of SHEROD ROWLAND’s tract of land in said WHITE survey Thence with the E line of the WHITE survey N 1 ½ west 1278 varas to the south East Corner of a tract of land belonging to WM. BROWNING an Elm hacked 4 times on 4 different sides Thence West with the S line of BROWNING’S Thence 239 varas to a stake from which a burr oak marked X brs. E 37and a Pine Oak mkd. X brs. N 44 °1/2 E 9 varas Thence S 1 ½ ° 1318 varas a stake on S bank of branch from which a bois d’arc on the N side of said branch brs. N 12° W 10 varas Thence with the meanders thereof S 78 varas E about 100 varas Thence N 76° E 232 varas to the beginning containing 76 acres of land And it appearing to the court that the said WYLIE administrator as aforesaid had been offered by W. T. HERRIN at private sale the sum of One Hundred and Eighty Dollars in Cash for the above mentioned tract of land and it further appearing to the Court that said sale was fairly made and in conformity [with] law it is ordered adjudged and decreed by the Court that said report be in all things confirmed and that the Clerk of this court record said report of sale and that the said administrator D. B. WYLIE be and he is hereby authorized to make a conveyance of the above described tract of land to the said purchaser…

 

Page 301

 

W. T. HERRIN upon his complying with the terms of the sale.

 

 

W. P. MARSHALL

Gudn.

Est. JOS. HALL a minor Now at this term of the Court came on to be heard the report of W. P. MARSHALL guardian of the Estate of JOSEPH HALL a minor of action in the sale of the following tracts of land to wit One undivided one eighth interest in lots Nos. 156 & 157 in Block No. 26 in the town of McKinney Collin County Texas Known and designated on the plat of said town. And it appearing to the court that said MARSHALL had been offered by C. H. WELCH at private sale for the above land the sum of 48 dollars in cash that said sale had been fairly made and in conformity to law, It is ordered adjudged and decreed by the court that said report of sale be in all things confirmed that the Clerk of this court record said report of sale and that W. P. MARSHALL guardian as aforesaid be and he is hereby authorized to make a conveyance of the above described lands to the said WELCH upon his complying with the terms of sale.

 

J. M. HOLT Tuesday November

vs. 27th 1877

G. H. MIMS Now on this day the cause came on for hearing and both parties by their attorneys appeared and announced themselves ready for trial a Jury being…

 

Page 302

 

…demanded then came a Jury of six good and lawful men to wit F. M. WARDEN and five others who were duly impaneled and sworn and who after hearing the evidence the argument of Counsel and charge of Court retired to consider their verdict and after mature deliberation returned into court the following verdict to wit, “We the Jury find for the plaintiff in the sum of twenty Dollars principal and twenty five cents interest and further believed that the attachment was lawfully sued int.

F. M. Warden Foreman

It is therefore ordered and decreed by the court that the plaintiff J. M. HOLT have and recover from the defendant G. H. MIMS the sum of twenty & 25/100 Dollars with interest from date at the rate of 8% per annum together with all cost in this cause accrued and that execution issue in favor of the officers of the court against each party respectively for the cost by them incurred.

 

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

 

Thursday morning court met pursuant to adjournment.

 

J. J. WAMBLE Thursday November

vs. 29th 1877

Est. JACOB VANWINKLE Now on this day comes J. J. WAMBLE and presents his application to be appointed guardian of the person and Estate [previous two words appear to have been crossed out] of JACOB

 

Page 303

 

VANWINKLE a minor, And it appearing to the Court that notice of said application has been given as the law requires It is ordered and decreed by the Court that the same be granted and that letters of guardianship issue to him upon his filing a bond with good security in the sum of fifty Dollars and taking the oath required by law.

 

J. P. LANGHAM Thursday Nov.

Guardian 29th 1877

Est. W. W. LANGHAM Now on this day this Cause was continued by operation of law.

 

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

 

Friday morning November 30th 1877 Court met pursuant to adjournment.

 

J. J. WAMBLE

vs. Gdn. Now on this day comes J. J. WAMBLE and files his bond in

JACOB VANWINKLE J. J. WAMBLE and files his bond in the sum of 50$ as guardian of the person and Estate (marked out) of JACOB VANWINKLE a minor And it appearing to the court to be a good bond was approved and ordered recorded.

 

 

R. C. COFFEY

vs. Now on this day this cause was continued for service

R. J. MOSS Guardian Est. D. M. DAWSON

 

 

A.BOURN

vs. Now on this day this Cause was (unreadable)

Est. J. VANCLEVE

 

Page 304

 

A.HARRIS & BRO.

vs. Wednesday November

MRS. R. J. WOOD 21st 1877

Now on this day this cause came on to be heard and it appearing to the court that the int. of garnishment was issued & duly served on MRS. R. J. WOOD & that she is a resident Waller County and she having failed to answer It is ordered and decreed by the Court that Commission issue to any officer of Waller County authorized to take depositions to take the answers of the said R. J. WOOD as to what amount she is indebted to said defendants, viz R. C. WOOD, P. W. BALDWIN and J. A. P. TRAVIS and what effects of said defendants she has in her possession and had at the time of serving the with garnishment and what credits and effects there are of said defendant in the hands of any other person.

 

ALEX BERRY

Admr.

Est. LEWIS SHIRLEY Now on this day came on to be heard the original and amended application of ALEX BERRY administrator of the Estate of LEWIS SHIRLEY dec’d. for the sale of lands belonging to the Estate of his intestate for the purpose of paying the debts and Expenses of administration of the estate and it appearing to the court that the notice required by law had been given of the filing of said application that it was necessary in order to enable to said administrator to pay off the debts and Expenses of administration of said Estate that said land should be sold.

 

Page 305

 

It is therefore ordered and decreed by the Court that said administrator sell the following tract of land to wit: 1st tract consisting of 320 acres situated in Throckmorton County Texas and fully described by metes and bounds in Patent No. 489 Vol. 31 from the State of Texas to the Texan Emigration and Land Company said Patent issued on the 28th day of September 1858. 2nd tract described as follows being 320 acres of land in Young County Texas and fully described by metes and bounds in Patent No. 98 Vol. 14 from the State of Texas to the Texan Emigration and Land Company said patent issued on the 18th day of September 1857. 34d tract described as follows consisting of 320 acres of land situated in Young County Texas and fully described in Patent No. 48 Vol. 22 from the State of Texas to the Texas Emigration and Land Company said patent issued on the 4th day of October 1858. 4th tract described as follows consisting of 265 acres of land situated in what was Buchanan County—but now Stephens County and fully described in Patent No. 496, vol. 23 from the State of Texas to the Texas Emigration and Land Company said patent was issued on the 16th day of February 1859. It is further ordered by the Court that the said administrator sell the above tracts of land at private sale for cash in hand that he make his report of his action here in at the next regular term of this Court.

 

Page 306

 

B. HENRY

admr. Friday November 30th

Est. J. MODE A. D. 1877

Now on this day this cause was continued by the defendant B. J. MODE.

 

 

ALEX BERRY Friday November 30th

admr. 1877

Est. LEWIS SHIRLEY Now on this day ALEX BERRY has leave to amend his application for sale of land.

 

H. A. McDONALD Friday November

vs. 30th 1877

H. C. ADDISON Now on this day Plff. has leave to amend.

 

H. A. McDONALD Friday November

vs. 30th 1877

H. C. ADDISON Now on this day this cause was continued by consent.

 

 

ISAAC CINCH (?) Friday November

vs. 30th 1877

H. C. ADDISON Now on this day this Plff. has leave to amend.

 

ISAAC CINCH (?) Friday November

vs. 30th 1877

H. C. ADDISON Now on this day this cause was continued by consent.

 

 

W. R. SHORT Friday November 30/1877

vs. Now on this day came on to be heard defendant’s motion

CITY OF McKINNEY for a new trial in this cause and the matters & things set out in said motion being heard and fully understood by the court, it is ordered that the same be overruled.

 

Page 307

 

J. M. HOLT Friday November 30th

vs. 1877 Now on this day came on to be heard the

G. H. MORRIS defendant’s motion for a new trial and the matters and things being fully understood by the court it is ordered that the same be overruled.

 

Clerk’s Report

 

Now on this day comes J. M. BENGE Clerk of the County Court of Collin County and makes the following report of all money received and disbursed by me since last report and the name of each Juror & the number of days served by each at this term of the court and the amt. paid them.

 

Names of Jurors

No. of days served

Amt. due each

F. M. WARDEN

6

12.00

A.J. LEWIS

6

12.00

J. B. KERR

6

12.00

J. L. KERR

6

12.00

Z. T. PEAKE

6

12.00

N. P. WATKINS

2

4.00

R. L. WADDILL

3

6.00

A.C. MALLON

2

4.00

$74.00

And that I have issued scrip on the county treasurer to each Juror for the amount due them. And that I have received since last report the following amounts viz:

Received $3.00 Jury fee in cause of OGLESBY KIRKPATRICK & CO. vs. W. H. BEESH.

Received $3.00 Jury fee in cause W. R. SHORT vs. CITY OF McKINNEY.

Received $3.00 Jury tax in cause of J. M. HOOT (?) VS. G. A. MIMS.

Received $3.00 Jury tax in cause of H. & T. C. RWY. CO.

 

Page 308

 

And that I have paid out the following amounts viz:

Paid F. D. PERKINS his commission in cause of STATE OF TEXAS vs. WM. MADDOX…….……1.50

Paid F. D. PERKINS his commission in cause of STATE OF TEXAS vs. J. B. JONES…………...….40

$1.90

 

Recapitulation

 

Amt. received………………………………………………………………………………………………..12.00

disbursed……………………………………………………………………………………………….1.90

Leaving a balance on hand …………………….………………………………………………………..$10.10

All of which is respectfully submitted.

J. M. BENGE Clerk

And it appearing to the court to be in all things correct was approved.

 

 

M. A. SPRUGIN Friday November

Community Est. 30th 1877

C. V. SPURGIN Dec’d. Now on this day comes on to be heard the report of M. A. SPURGIN of the Condition of the Community Estate of himself and his deceased wife C. V. SURGIN and it appearing to the Court that the same is in all things cored it is ordered approved and recorded.

 

 

Heirs of ISAAC STIMSON dec.

vs.

DANIEL STIMSON Extr. Now on this day this day this cause was continued by consent.

Est. of ISAAC STIMSON dec.

 

 

 

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

 

Saturday morning Court met pursuant to adjournment.

 

Page 309

 

GRAY KIMBROUGH & CO.

1923 vs. Saturday December

R. H. LOGAN 1st 1877

Ordered by the Court that this cause be continued for Plff. to give security for costs.

 

V. H. ALLEN

admr.

Est. M. W. ALLEN deceased Now on this day came on to be heard the report of MRS. V. H. ALLEN admrx. of the Estate of M. W. ALLEN dec. of the sale to T. J. ROSS for three Dollars per acre cash at private sale the land herein after described to wit situated in Tarrant Co. Texas 320 acres patented to M. W. ALLEN assignee of C. BROWN. Beginning at a stake & mound the SW cor. of WM. DOZIER’S 320 acres Thence S 1344 varas to a stake in prairie marked X Thence E 1344 varas to a stake & stone in prairie Thence N 1344 varas to a stake marked &c Thence W 1344 varas passing the SE corner of said DOZIER survey at 394 varas a stake to the place of beginning, and it appearing to the Court that said sum is a reasonable price for said land and as much as could have been realized by the sale of the same on a credit of twelve months, It is ordered adjudged and decreed by the Court that the sale be in all things confirmed and the said admrx. make Execute and deliver to said T. J. ROSS a deed for said land upon the payment for the consideration.

 

Page 310

 

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

 

Monday Dec. 3rd Court met pursuant to adjournment.

 

JOS. W. BAINES Monday Dec.

Gdn. 3rd 1877

JAMES O. SIMPSON a minor Now on this day comes JOSEPH W. BAINES and files his bond as guardian of the Estate of JAMES O. SIMPSON a minor for approval and it appearing to the Court that the same is a good & sufficient bond, ordered by the court that the same be approved & recorded.

 

 

D. W. STIMPSON Saturday Dec.

Extr. 1st 1877

ISAAC STIMPSON Dec. Now on this day came on to be heard the report of the sale of D. W. STIMPSON Extr. of the Estate of ISAAC STIMPSON deceased of all the personal property belonging to said Estate and it appearing to the Court that said sale was fairly made and according to law was approved and ordered recorded.

 

D. W. STIMPSON Saturday Dec.

Extr. 1st 1877

ISAAC STIMPSON deceased Now on this day comes D. W. STIMPSON Estr. of the Estate of ISAAC STIMPSON dec. and files his report of sale of 160 acres of land in the DORSEY survey to W. N. BUSH for 2704$ at private sale on a credit of 12 months situated in Collin County—Texas Beginning at the NE of a 640 acre tract of land…

 

Page 311

 

…conveyed to F. DOSER by virtue of Headright certificate No. 456 by THOS. W. WARD commissioner of Peters Colony and being the SW cor. of a sur. made for JONATHAN PHILIPS by virtue of his HR certificate Thence W 950 vars Thence S1900 vars to the S line of sd. 640 acres of land Thence # 950 vars to the SE cor. of the same Thence N 1900 vars to the place of beginning less the following tract of land which was sold by ISAAC STIMSON in his lifetime to W. N. BUSH which is described as follows situated on the waters of Cotton wood Creek about 4 ½ miles SW from McKinney being part of a 640 acres in the name of F. DOSER Beg. at SE cor. of sd. Sur. Thence N 39 chs. 87 ½ lks. Thence W 40 chs. Thence S 39 chs. 87 ½ the S B line of said sur. Thence E 40 chs to the place of beginning. 2nd Tract on the waters of East Fork and being a part of the HR survey of 320 acres made for GEO. PHILLIPS Beginning at the NE corner thereof Thence E 2 chains 50 links a post from which a Honey locust 3 in. in dia. mrkd X bears N 44 ° 10’ west 4 chs. & 24 lks. Thence S 40 chs a post Thence W 2 chs. & 24 lks a post Thence N 40 chs. to the place of beginning. And to J. B. MITCHELL at public sale at $5.50 per acre 72 acres of land out of the H. J. TUCKER Survey in Collin Co., Texas Beginning at a stake the NE corner of a tract of 100 acres of land out of the same survey conveyed by ISAAC STIMSON to J. L. STIMSON Thence N 18 chs. to a stake Thence N E corner of the original survey from said stake & a hackberry 12 in. in dia. mrkd. X brs. S 71 ½ E1 ch. & 66 ½ lks & a hackberry brs. 13 in. in dia. mkd. X brs. S 72 ½ E 1 ch. & 66 ½…

 

Page 312

 

…lks. Thence West 40 chs. a stake Thence S 18 chs. to a stake Thence East 40 chs. to the place of beginning containing 72 acres of land. And to C. L. MYERS 9 58/00 acres of land at public sale for 1.00 per acre in CALVIN BOALE’S survey in Collin Co. Beginning at a stake the SW cor. of a tract of 10 acres conveyed Sept. 12 1873 by ISAAC STIMSON to J. L. STIMSON from said stake an elm 5 in. in dia. marked X brs. N 48 ½ W 15 lks. thence W 17 chs. & 41 lks. to a stake in w line of said 320 acre tract from which an ash 10 in. in dia. mkd. X brs. S 65 E 48 lks Thence N 5 chs. and 50 lks. to a stake from which an Elm 5 in. in dia. marked X brs S 44 # 23 lks. Thence E 27 chs. & 41 lks to a stake Thence S 5 chs. & 50 lks to a stake Thence S 5 chs & 50 lks to the place of beginning. And to J. W. HUNLEY 20 ½ acres of land at public sale at 2 ½ $ per acre in C. BOALES survey Beginning at stake the NW corner of lot no. 4 from which an ash 20 in. in dia. mkd. X brs. N 66 ½ East 27 lks. Thence N 5 chs. & 50 lks to a stake from which an Elm 20 in. in dia. mkd X brs. S 72 E 24 lks. Thence E 34 chs. 76 lks. to an elm 4 in. in dia. mrkd. X in W bank of E. Fork from said Elm an ash 20 in. in dia. marked X br. S 66 W 12 lks. Thence East to middle of bed of said stream Thence East to middle of bed of said stream Thence down the same following the middle of the bed thereof to opint (?) directly East of a bois d’arc 24 in. in dia. mkd X in a Bank thereof Thence E 50 links to said bois d’arc Thence S 38 chs. And to S. FITZHLUGH at public sale 19 87/00 acres in C. BOALES survey for 1. 56 per acre Beginning at stake the NW corner of lot form which…

 

Page 313

 

…an Elm 20 in[ches] in dia[meter] mkd [marked] x brs. [bears] S 72 3 24 lks [links] Thence n to a stake in n line of the original survey from which a bois d’arc 12 in[ches] in dia, brs. N 20 lks. and a double ash 6 & 14 in. in dia. respectively marked XX brs. S 85 W 9 lks Thence E 33 chs. and 33 lks to a cottonwood 30 in dia. mkd X on W. Bank of E. fork. Thence East to middle of bed thereof to point due East of an Elm on W. bank of said stream said Elm being 4 in. in dia. marked X and from which an ash 20 in. in dia. marked X bears S 66 W 12 lks Thence 64 lks. 5o said Elm Thence W 34 chs. and 76 lks to the place of beginning. And to J. D. HEDGECOX 42 ½ acres of land at public sale for $2 ½ per acre in C. BOALES survey Beginning 1st tract. Lot no. 3 containing 21 acres of land bounded as follows Beginning at a stake from which a bois’ arc 3 in. in dia. marked XX brs. S 79 E 6 lks. Thence E 37 chs & 96 lks to stake from which an Elm, in W. Bank of E. fork mkd. X 14 in. in dia. on N l74 W 12 lks Thence E to middle of bed of same Thence down said stream with the middle of the bed thereof to a point directly E. of a stake on a bank thereof from which a slippey (sic) Elm 5 in. in dia. mked. X brs. N 3 W 8 lks. Thence W 80 lks. to said stake Thence W 36 chs. & 79 lks to the place of beginning Lot 4 containing 21 ½ acres of land Beginning at stake the NW corner of lot no. 3 from which a bois d’arc 3 in. in dia. marked XX brs. S 6 lks. Thence…

 

Page 314

 

…N5 chs. & 50 lks to a stake from which an ash 20 in. in dia. mkd. X brs. N 66 ½ E 27 lks Thence East 38 chs. 8 lks at a bois d’arc 24 in. in dia. marked X on W Bank of E. fork Thence E of a stake on W. Bank of said stream from which an Elm 13 in. in dia. mrkd. X be and N 74 W 12 lks Thence West 87 lks to said stake Thence west 37 chs & 97 lks to the place of beginning, and to J. H. JENKINS 5 acres of land out of the a tract of 40 acres sold by JOS. BLEDSON BROS. N 14 chs. a spmount (?) oak 12 in. in dia. mkd X brs. S 45° W 3 lks. Thence N 89°35’ E 10 chs & 5 lks a post in the W line of sgirl (?) an Elm 3 in. in dia. mkd X brs. N 60°W 5 lks Thence S 89°35+W 10 chs & 50 lks a post two Elms 5 & 6 in. in dia. mkd X brs N 17° W 25 lks Thence S with the W line of said 320 acres 4 chs 76 lks to the place of beginning And to R. C. WHITE 10 acres of land in (on?) the waters of Wilson’s creek in the SAMUEL SLOAN survey for $1.50 per acre and bonded as follows beginning at the NE cor. of a tract of 129 acres sold by MALINDA O. to M. M. MARTIN Thence S 8.77 chins a post in the E line of said survey from which a Post Oak 12 in. diameter marked X brs. N 70 ½ W (53) lks. Thence west 11/46 chs. a post from which an Elm 4 in. in diameter marked X brs. S. (50) west (15) lks Thence North 8.77 chs. a post from which a post oak 10 inches in dia. mkd X brs. N 50 W (6) lks Thence East 11.40 chs to the place of beginning. Containing ten acres more of less…

 

Page 315

 

…and it appearing to the court that said land for its fair & reasonable value & that said sale was in conformity with law, It is ordered adjudged and decreed that said sale be in all things approved and confirmed and that said Executor D. M. STIMSON make to said purchasers, W. N. BUSH, J. B. MITCHELL, C. L. MYERS, J. N. HUNTER, SOL. FITZHUGH, J. G. HEDGECOXE, J. H. JENKINS, R. C. WHITE deeds therefore taking note, and mortgage on land to secure the purchase money.

 

 

G. W. CAMERON Saturday December

Guardian 4th 1877

Est. LAURA FITZHUGH Et al minors Now on this day came on to be heard the report of G. W. CAMERON guardian of the Estates of LAURA FITZHUGH Et al minors of the sale of A. E. LEN (?) at private sale for the sum of seventeen Hundred dollars payable in monthly installments of one Hundred dollars each month the last to become due thirteen the next seventeen months six payments secured (?) by mortgage on property—also made the property of LAURA FITZHUGH for $36.00 & Horse the Property of BETTIE FITZHUGH for $31.56 and it appearing to the Court that said property sold for its fair & reasonable value & in conformity with law It is ordered adjudged and decreed that said sale be in all things approved and confirmed, & that said guardian execute deed.

 

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

 

Tuesday Morning 9 o’clock

Court met pursuant to adjournment.

 

 

Page 316

 

JOS. W. BAINES Tuesday December 4th

Extr 1877

Est. PETER WETSEL Now on this day comes JOS. W. BAINES and moves the court to strike from the inventory of PETER WETSEL deceased & to set apart for the use and benefit of F. F. & ROBERT WETSEL minors the following property to wit:

 

 

 

1 Large sow valued 15.00

1 large sow valued at 15.00

Champion Reaper & Mower Crew (?) 50.00

2 Hogs valued at 16.00

2 turning Plows 5.00

2 Hogs valued at 12.00

1 Shovel 1.00

4 shoats valued at 12.00

1 set of Carpenter Tools 5.00

2 shoats valued at 6.00

1 bench 5.00

5 shoats valued at 10.00

1 Wagon Harness 5.00

3 Bee Gums 7.50

1 Wagon Harness 1.00

4 Bee Gums Patent (?) 2.00

1 spinning Wheel .25

1 Baird Cattirator (?) 2.00

1 set Harness & Traces 1.00

1 Wash Pot 2.00

1 Rocking Chair 2.50

1 Wagon Yoke .25

1 safe 3.00

1 Log chain .50

1 set plates & dishes .75

10 chairs 5.00

1 Dining Table 3.00

1 Small table 1.00

1 Pr. And. Iron .50

1 Wash stand .50

1 Rifle 4.00

1 table & book Case 6.00

1 Shot Gun 2.50

1 bed Steads 8.00

1 Looking Glass .25

1 Lounge 1.50

1 Cook Stove 1.00

1 Feather bed 10.00

1 Bucket Dipper .25

 

 

1 Feather Lounge 7.00

16 Smith (?) Jars 2.00

3 straw ticks 1.00

1 Eight day Clock 5.00

1 Lot bedding 2.00

1 half bushel .25

1 Lamps .50

1 Wagon 40.00

Common Sense Sewing Machine .25

1 Rake .25

2 Sound Mares 90.00

4 Cows & Calves 56.00

5 1-Gal Jars .50

1.5 gal. Jar .50

1 5-Gal. Jar .20

8 Glass[es?] 2.00

1 vinegar Keg .50

1 Hoe .50

1 Hoe Grubbing 1.00

3 Skillets &c 1.75

& he further asks the court to make allowances of Two Hundred dollars in lieu of such specific articles exempt by law not found among the effects of said decedent…

 

Page 317

 

…and that the executor of the will of said P. WETSEL be directed to pay over to said guardian int. of any funds that may come to his hands, and the matters and things set int. in said application being heard & under stood by the court. It is ordered and decreed by the Court that the same be granted..

 

 

S. L. BUSH Et al Tuesday Dececember

vs. 4th 1877

Est. O. E. BUSH Now on this day this cause was continued.

 

 

JOSEPH W. BAINES Tuesday December

Guardian 4th 1877

Est. J. O. SIMPSON Dec. Now on this day comes JOSEPH W. BAINES Guardian of the Est. of JAMES O. SIMPSON a minor and asks the court for an allowance of one Hundred dollars out of the Estate of MARY S. SIMPSON Deceased for the support and Education of said minor and that admr. of Estate of said M. S. SIMPSON be directed to pay the same out of any money on hand U the matters & things set out in said application being understood by the court it is ordered that the same be granted.

 

J. KELLEY & TRUMAN Tuesday December

Admrs. 4th 1877

Est. J. M. & M. ENLOE Now on this day comes J. L. GREER, J. A. BILES & N. TAYLOR the commissioners appointed at a previous term of this court to divide & partition the personal property & (unreadable) of JAMES & MARY ENLOE deceased between NANCY E. FREEMAN & MARY BELL & HUGH ORR CLAYTON and makes the following report to wit:

 

To NANCY E. FREEMAN:

 

Page 318

 

1 bed stead 3.00

2 bolsters & 3 pillows 6.00

1 bed stead 12.00

4 Quilts 4.50

4 Coverlids [coverlets] 10.00

1 Coverlid [coverlet] 1.00

1 looking glass 1.50

2 sheets 1.00

1 sugar box .40

2 Chairs 1.00

½ Bbl. Salt 1.50

1 Jug .25

100# Bacon 8.00

12# Lard 1.20

1 Horse 50.00

12 gal stone ware 2.40

1 Stand (?) table 1.50

1 chop ax .50

1 looking glass .50

1 butter Bowl .25

1 wash Pot 1.50

1 glass stand .40

1 Pitcher .75

3 goblets .50

1 Butter Dish .25

3 spoons 1.00

1 Cream Pitcher .25

1 table spoon .50

1 sugar Dish .25

6 plates .75

2 dishes .75

Cups & saucers .25

1 draw knife .50

1 hand ax .50

1 cow 15.00

1 Buggy 37.50

To MARY BELL & HUGH ORR CLAYTON:

 

1 Bed 14.00

1 coffee mill .50

4 pillows & 1 bolster 2.75

1 Pine table 1.00

3 Quilts 3.00

1 trundle bed stead .50

4 Coverlids 10.00

1 Pitcher .75

3 Counter Panes 7.50

1 glass .75

1 Sheet & Blanket 1.00

2 Dishes .75

1 clock 4.00

1 butter Bowl .25

1 J___ .25

1 glass stand .40

1 pr. Balances .25

3 Goblets .50

1 mule 75.00

3 spoons 1.00

1 Bed Stead 3.00

1 table spoon .50

13 gal. stone ware 2.60

7 blankets .75

1 safe 4.00

Cups & saucers .25

1 dish 1.00

Knives & forks .50

1 brass lamp .25

Hay & oats 1.50

1 Cook Stove 15.00

2 cows & calves 37.50

6 chairs 3.00

1 Dairy (?) table 4.00

 

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

 

Page 319

 

 

MARTHA HAYES Tuesday December

vs. 14th 1877

MARTHA BANKS Now on this day came on to be heard the application of MARTHA BANKS to be appointed guardian of the person & Estate of MARTHA BANKS a minor and it appearing to the court that notice has been given according to law It is ordered and decreed by the court that letters of guardianship issue to her upon her filing a bond with approved security in the sum of $50.00 and taking the oath prescribed by law.

 

ADA MULL Tuesday December

Gdn. 4th 1877

Est. HARVEY & NORA MULL minors Now on this day came on to be heard the report of ADA NULL the guardian of the Estate of HARVEY & NORA MULL minors of the sale to BETTIE A. DOGGET of the undivided interest of said minors of the (unreadable) 2/3 interest (unreadable) half of the west half of Block no. 76 of the City of McKinney for fifty Dollars cash at private sale and it appearing to the court that said property sold for it fair & reasonable sale, It is ordered adjudged and decreed that said sale be in all things approved and confirmed and that said Guardian ADA MULL make deed to said BETTIE A. DOGGETT upon her complying with the term of sale.

 

E. W. STANDFORD Tuesday Nov.

vs. 20th 1877

D. S. CLAIBORNE Now on this day comes the parties by their attorneys in the above entitled cause and announced themselves ready for trial and the defendants having plead in abatement his in___?...

 

Page 320

 

…and no Jury being demanded the evidence and argument of counsel were heard by the court. After considering the same it is ordered adjudged and decreed that deft’s. plea in abatement be sustained and that plaintiff take nothing by his si___? And that defendant D. S. CLAIBOURNE have and recover of and from E. W. STANDFORD all his cost in this behalf expended for which execution shall issue. It is further ordered that the officers of the court have execution against each party respectively for the cost by them incurred. It is further ordered that the Constable of Precinct No. 2 Collin Co. deliver the property in controversy to defendant.

 

J. M. TUCKER Tuesday December

admr. 4th 1877

Est. H. H. TUCKER Deceased Now on this day came on to be heard the application of J. M TUCKER admr. of the Estate of H. H. TUCKER dec. for an order to pay to H. S. GRAVES guardian of L. M. TUCKER a minor the sum of forty Dollars and it appearing to the court that said sum is necessary for the support & maintenance & Education of said minor, It is therefore ordered that said admr. be authorized to pay to said guardian said sum and take his receipt therefor and the same shall be a sufficient voucher on a final settlement & partition of said Estate.

 

Ordered that Court adjourn until Court in course.

T. C. Goodner

Co. Judge

 

Page 321

 

In vacation December 24 1877

 

Community Est.

W. L. NELSON and In Vacation Monday Decr. 24 1877

NELSON Deceased Ordered by the County Judge

In vacation that A. J. SCRIBNER, R. C. COFFEY and GEORGE HENDRIX be appointed appraisers to appraise the Community Est. of W. L. NELSON and his Deceased wife N. J. NELSON and that they make their Report at the next regular term of this court.

Send (?) & approved T. C. Goodner

Co. Judge

 

 

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 out Monday January 21st 1878 (it being the 3rd 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. MERITT, sheriff and J. M. BENGE Clerk when the following proceeding were had to wit:

 

L. ADAMSON

admr. Monday January 21st

Est. THOS. ADAMSON 1878

Now on this day this cause was dismissed.

 

C. T. MANN Monday January 21st 1878

Gdn. Now on this day this cause was continued for service by

NANNIE H. GASSMAN (GOSSUM?) publication.

 

S. A. TUCKER Et al

vs. Monday January

J. M. TUCKER Et al 21st 1878

Now on this day this cause was continued for service.

 

Page 322

 

M. ASHLOCK Monday January 21st

Gdn. 1878

O. & M. W. SULLIVAN Now on this day this cause was continued for service by publication.

 

Community Estate Monday January 21st/1878

W. L. and M. J. NELSON Now on this day comes W. L. NELSON and files an inventory of all property belonging to himself and his deceased wife M. J. NELSON and it appearing to the Court that the same is in conformity to law and in all things correct it is approved and ordered recorded.

 

Community Estate Monday January 21st 1878

W. L. and M. J. NELSON Now on this day comes W. L. NELSON and files his bond in the community Estate of himself and his deceased wife and it appearing to the court that the same is a good and solvent bond it is approved and ordered recorded.

 

HATLER and OSBOURN Monday January 21st

vs. 1878

HUNTER and LEE Now on this day this cause was continued by consent.

 

Ordered that court adjourn until tomorrow morning 9 clock.

 

Tuesday morning 9 clock court met pursuant to adjournment.

 

J. P. LANGHAM Tuesday January 22nd

Guardian 1878

Est. W. W. LANGHAM Et al minors Now on this day came on to be heard the annual report of J. P. LANGHAM as guardian of the Estate of W. W. LANGHAM Et, al minor and it appearing to the court that said…

 

Page 323

 

…report is in all things correct and that notice required by law has been given, it is approved and ordered recorded.

 

M. H. ALEXANDER Tuesday January 22nd

vs. 1878

Est. MARTHA W. & J. D. PARISH Minors Now on this day came on to be heard the application of M. H. ALEXANDER to be appointed guardian of the Estate of MARTHA W. & J. D. PARISH minors and it appearing to the court that notice required by law has been given 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 1300$ each and taking the oath required by law.

 

M. H. ALEXANDER Tuesday January

vs. 22nd 1878

Est. MATHEW W. PARISH a minor Now on this day comes M. H. ALEXANDER and files his bond as guardian of the Estate of MATHEW W. PARISH a minor and it appearing to the court that the same is a good and sufficient bond it is approved and ordered recorded.

 

W. H. ALEXANDER Tuesday January

vs. 22nd 1878

Est. JESSE D. PARISH Now on this day comes M. H. ALEXANDER and files his bond as guardian of the Estate of JESSE D. PARISH a minor And it appearing to the court that the same is a good bond It is ordered approved & recorded.

 

Page 324

 

W. H. ALEXANDER

Guardian Tuesday January

Estate MATHEW W. PARISH a minor 22nd 1878

Ordered by the court that G. A. FOOTE, J. H. LOREROY and J. M. BENGE be appointed to appraise the property belonging to the Estate of MATHEW W. PARRISH.

 

W. H. ALEXANDER Tuesday January 22nd

Guardian 1878

Est. JESSE D. PARISH a minor Ordered by the Court that G. A. FOOTE, J. H. LOVEJOY and J. M. BENGE be appointed to appraise the property belonging to the Estate of JESSE D. PARRISH a minor.

 

W. H. ALEXANDER Tuesday January

Guardian 22nd 1878

Est. J. D. & M. W. PARRISH minors Now on this day comes W. H. ALEXANDER and files an inventory of all property belonging to the Estates of J. D. & M. W. PARRISH minors, And it appearing to the court that the same is in all things correct it is approved and ordered recorded.

 

W. H. ALEXANDER Tuesday January

Guardian 22nd 1878

Est. J. D. & M. W. PARRISH minors Now on this day comes W. H. ALEXANDER and files an application to sell lands belonging to the Estates of J. D. & M. W. PARRISH minors. Ordered by the Court that the same be continued for notice.

 

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

 

 

Page 325

 

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

 

JOS. W. BAINES assignee Wednesday January

OGLESBY KIRKPATRICK & CO. 23rd 1878

vs. Now on this day this cause came on to be heard and

A. BEDELL announced themselves ready for trial and the defendant having failed to appear and answer in his behalf but wholly made default wherefore the said plaintiffs JOSEPH W. BAINES assignee of OGLESBY KIRKPATRICK & CO. ought to recover their damages by occasion of the premises, And in appearing to the court that the cause of action is liquidated and proven by an instrument of writing, it is ordered that the clerk assess the damages sustained by the plaintiffs and the said clerk now here having assessed the damages aforesaid at the sum of Three Hundred and eighteen & 90/100 Dollars. It is therefore considered by the court that the plaintiffs JOSEPH W. BAINES assignee of OGLESBY KIRKPATRICK & CO. do have and recover of A. BEDELL the sum of Three Hundred and Eighteen & 90/100 Dollars attorneys’ fee with legal interest thereon together with all cost in this cause incurred and that they have their execution and that execution issue in favor of the officers of the court against each part respectively for the cost by them incurred.

 

Now on this day come the sheriff of Collin County and return into court the jury list selected by the Jury Commissioners for the firth week…

 

Page 326

 

…during the present term of this court all of whom failed to appear and were excused except PASCHEL HARRIS and W. H. HOLDER the court then ordered the sheriff to summon a sufficient number of good and lawful men to fill the vacancy the sheriff then returned into court the following named persons to wit W. L. HUTTON, J. T. HOWARD, JOHN MAGNER, F. M. HUNN & EDEN COLEMAN all of whom were duly impaneled and sworn to serve as Jurors during the first week of this court.

 

JOS. W. BAINES Wednesday January 23rd

vs. 1878

CHAS. F. MORRIS Now on this day this cause was continued by cause.

 

W. E. SMITH Wednesday Jany. 23rd 1878

Guardian Now on this day comes W. E. SMITH guardian of the Estates

R. M. & S. E. SMITH minors of R. M. & S. E. SMITH minors and prays the court to resign and it appearing to the court that the same is in all thing correct & that notice of the same has been given as the law requires it is ordered that said prayer be granted and that said guardian be released from his trust upon the appointment and qualification of his successor.

 

W. H. CHADDICK Wednesday January

vs. 23rd 1878

R. M. & S. E. SMITH Now on this day came on to be heard the application of W. H. CHADDICK to be appointed guardian of the person and Estate of R. M. & SALLIE E. SMITH minors and it appearing to the court [that] notice of said application has been given as the law requires, it is ordered that said prayer be granted…

 

Page 327

 

…and that letters of guardianship issue to him upon his giving a good and approved bond for each minor in the sum of $600.00.

 

 

J. U. and H. M. PAYNE & CO. Wednesday January

vs. 23rd 1878

PATTERSON and BROWN Now on this day this cause came on for trial and the defendants having failed to appear and answer in this behalf but wholly made default wherefore the said plaintiffs JACOB U. PAYNE, HENRY M. PAYNE, JOHN G. PARHAM and GEORGE MOORMAN ought to recover their damages by occasion of the premises and it appearing to the court that this cause of action is proven and liquidated by an instrument of writing, it is ordered that the clerk assess the damages sustained by said plaintiffs and the clerk now here having assessed the damages aforesaid at the sum of Seven Hundred and thirty seven & 50/100 Dollars, It is therefore considered by the court that the plaintiffs JACOB U. PAYNE, HENRY M., JOHN G. PARHAM and GEORGE MOORMAN do have and recover of and from the defendants H. L. PATTERSON and N. M. BROWN the sum of Seven Hundred and thirty seven & 50/100 Dollars with interest thereon at the rate of Eight per cent per annum and Together with all cost in this cause incurred and that they have their execution and that execution issue against each party respectively in favor of the officers of the court for the cost by incurred and it appearing to the court that the plaintiffs in this cause have entered into a bond with J. R. RUSSELL as surety for all cost incurred by them in this cause, It is therefore ordered by the court that execution issue against plaintiffs JACOB U. PAYNE

 

Page 328

 

HENRY M. PAY, JOHN G. PARHAM and GEORGE MOORMAN and J. R. RUSSELL as surety for all cost incurred by them in this cause.

 

A. E. QUISENBERRY

Admr.

Est. of R. J. QUISENBERRY Now on this day came on to be heard the report of A. E. QUISENBERRY administrator of the Estate of R. J. QUISENBERRY of the sale of the following described land of said Estate to D. W. LIGHT for sum of one Dollar per acre on a credit of twelve months to wit situated in Grayson County 320 acres in the name of J. M. JENNINGS about 6 miles South 37 w of Sherman Beginning at a stake in the S line of J. A. McKINNEY’s survey from which a hackberry brs. S 67 W 136 varas Thence S 2 E 950 vars to a stake & mound Thence S 88 W 1900 1/10 varas to a stake & mound in prairie Thence N 2 W950 ½ varas to a stake & mound in prairie from which the SW cor. of J. A. McKINNEY 1540 vars to Little Elm creek 1900 varas to the beginning and it appearing to the court that said sale was made in conformity with law & the land sold for the best price that can be gotten, It is therefore ordered adjudged & decreed by the court that said sale be in all things approved & confirmed and said administrator Execute to said purchaser a deed therefor & take his note due twelve months & mortgage on the land to secure the payment of the purchase money.

 

Page 329

 

Est. of O. E. & D. M. BUSH

Deceased This day came on to be heard the report of J. S. DOWELL, DAVID MELTON and A. E. QUINESBERRY commissioners appointed by this court on the 29th day of September A. D. 1877 to partition the undistributed residue of said Estate to wit a tract of forty acres of land situated in Collin County a part of a three hundred and twenty acres of land patented to DAN’L L. MELTON that the said forty acres of land was not capable of a fair and equal division among the distributes of said Estate which report was by the court duly considered and ordered to be approved and it is further ordered by the court that all proceedings with regard to said residue of said Estate be continued until the next term of this court.

 

J. L. KELLY Extr..

vs.

Estates of J. M. & MARY ENLOE Now on this day came on to be heard the application of J. L. KELLY

Deceased & A. FREEMAN Extrs. of the Estate of J. M. & MARY ENLOE Dec’d. and NANCY E. FREEMAN legatee of said Estate to set apart to said NANCY E. FREEMAN a house & 2 ½ lots in Van Alstyne in Grayson County, returned on the inventory at its appraised value to wit 500 in Lieu of that amount of money on the 700 homestead to her by MARY ENLOE in the first clause on the codicil of her last will and it appearing to the court that L. O. CLAYTON minors & Legatees of said Estate…

 

Page 330

 

…has accepted service on the same and it further appearing to the court that there is sufficient assets of said Estate beside said property to pay the debts against said estate, It is therefore ordered adjudged and decreed that said house & 2 ½ lots be partitioned & set apart to said NANCY E. FREEMAN in payment of 500 Dollars of said 700 and the Extrs. deliver to her possession of the same and in the final partition of the Estate she account to the other legatees for the sum of five hundred dollars the value of said property.

 

JOS. W. BAINES Wednesday Jany. 23rd

admr. 1878

Est. M. S. SIMPSON Deceased Now on this day came on to be heard the report of sale of JOSEPH W. BAINES administrator of the Estate of M. S. SIMPSON Deceased of sale of the following described land belonging to the said Estate, to CHARLES LAMSON (?) for a sum of One hundred twenty eight and 23/100 Dollars situated in the town of Plano Collin Co. Texas Beginning at SW cor. of a lot sold by S. W. M. FOWLER & wife on the 28th day of (blank) A. D. 1872 Thence East two & 25/100 chs. SE cor. of said lot Thence North two and 85/100 chains Thence West Two and 25/100 chains Thence South Two & 85/100 chains to the beginning and to W. A. HONAKER all the residue of said lot described in said order as follows to wit, Beginning at the NE corner of ANDREW WETSEL’S lots in Plano Thence North with McKinney and Dallas Road to NE cor. of lot sold by LOVELACE Et al to G. W. SIMPSON Thence…

 

Page 331

 

…west into Plano & Denton Road to NE cor. of CHARLES LENNY’S lot Thence South, to NW corner of lot sold by JOS. W. BAINES admr. d. b. n. [de bonis non] [of] M. S. SIMPSON Estate to CHARLES LAMSON (?) Thence East with N B line thereof two & 25/100 chains Thence south to WETSEL’S lot Thence East to the place of beginning said lot sold for the sum of six Hundred & seventy one & 75/100 Dollars. And it appearing to the court that said sale was made in conformity with law and that said sale was fairly made and for a reasonable price. It is therefore ordered adjudged and decreed by the court that said report be in all things approved and confirmed and that said administrator execute to said purchasers deed therefore upon their paying purchase money.

 

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

 

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

 

 

J. M. STEWART Monday January

Gdn. 21st 1878

EDITH M. STEWART Now on this day comes on to be heard the final report of J. M. STEWART as guardian of the Estate of EDITH M. STEWART a minor and it appearing to the court that the same is in all things correct and that notice of the same has been given according to law, It is ordered and decreed by the court that the said…

 

Page 332

 

…report be approved and guardian discharged from his trust upon his paying all cost accrued in said guardianship.

 

 

H. HARRIS & BRO. Monday January

vs. 21st 1878

MRS. R. J. WOOD Now on this day comes the plaintiff in this cause by attorney and says he will no further prosecute this suit. It is therefore ordered and decreed by the court that the this cause be dismissed from the docket & that the defendant have and recover of & from the plaintiffs all cost incurred in this suit & that she have her execution & that Execution issue against each party respectively for the cost by them incurred in this suit in favor of the officers of the Court.

 

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

 

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

 

S. H. STINNETT Et al Thursday January

vs. 24th 1878

R. V. TOMPKINS Now on this day plaintiffs have leave to amend.

 

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

 

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

 

Page 333

 

Ordered that court adjourn until (unreadable) –day morning 9 o’clock.

 

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

 

S. H. STINNETT Et al Monday January

vs. 28th 1878

R. V. TOMPKINS Now on this day this cause was continued by consent.

 

Note: The following was marked out:

 

L. E. GUISE (LELSIERSE?) & CO. Monday January

vs. 28th 1878

INGRAM & CO. Now on this day this cause came on for trial and the defendants having failed to appear and answer but wholly made default wherefore it is considered that the plaintiffs M. LASKER and JAKE DAVIS composing the firm (?) of L. E. GUISE & Co. ought to recover their damages by occasion of the premises. It is ordered that the Clerk do assess the damages sustained by said plaintiffs and the said Clerk now here having assessed the damages aforesaid at the sum of six Hundred and twenty five & 22/100 Dollars ($625.22) It is therefore ordered and decreed by the court that the plaintiffs M. LASKER & JAKE DAVIS do have and recover of and from the defendants S. K. INGRAM and THOMAS GRAY the sum of Six Hundred and twenty five & 22/100 Dollars with interest from date at the rate of 8 % per annum Together with all cost in this cause incurred and that they have their execution & that execution issue in favor of the officers of the court against each party respectively for…

 

Page 334

 

…the cost by them in this cause incurred.

 

 

JOHN P. HUNTER Monday January

vs. 28th 1878

ESTES BERRY & CO. Now on this day this cause came on for trial and both parties appeared by attorneys and announced themselves ready for trail and a Jury being demanded then came a Jury of six good and lawful men to wit W. L. HUTTON and five others who were duly impaneled and sworn & who after hearing the evidence argument of counsel and charge of the court retired to consider their verdict and after mature deliberation returned into court and says that they cannot agree. It is therefore ordered that they be dismissed and cause continued.

 

H. A. McDONALD Monday January

vs. 28th 1878

H. C. ADDISON Now on this day this cause was continued by consent.

 

 

A.J. SCRIBNER Monday January

vs. 28th 1878

H. & T. C. RWY. CO. Now on this day this cause was continued by consent.

 

 

Estate of

E. B. HOWARD Deceased Now on this day this cause came on to be heard the report…

 

Page 335

 

 

…of J. P. HOWARD administrator of the Estate of E. B. HOWARD dec’d of his account of the sale of the remainder of the personal property belonging to the Estate of his intestate (?) and it appearing to the court that said sale had been fairly made and in obedience to an order entered at the last term of this court ordering said sale and that the law had been in all things complied with in making said sale, It is therefore ordered adjudged and decreed by the court that said sale be in all things confirmed and that said report of sale be recorded.

 

LELSIERSE & CO. Monday January 28th 1878

vs. Now on this day this cause came on to be heard and both

INGRAM & CO. parties appeared by their attorneys and a Jury being waived and the matters and things submitted to the court who after hearing the evidence & arguments of counsel gave Judgment for plaintiffs and against defendants. It is therefore ordered adjudged and decreed by the court that the Plaintiffs M. LASKER and JAKE DAVIS composing the firm of LEGIESISE & CO. do have and recover of and from the defendants S. K. INGRAM and THOMAS GRAY the sum of six Hundred and twenty five 22/100 Dollars with interest from date at the rate of 8 % per annum Together with all cost in this cause incurred and that they have their execution and that execution issue against each party respectively for the cost by them incurred in favor of the officers of the court.

 

Page 336

 

MARTHA C. WALLIS Et al Tuesday January

vs. 22nd 1878

Est. PETER R. WALLIS dec. Now on this day comes MARTHA C. WALLIS, HENRY O. WALLIS and WM. N. WALLIS and presents their application for the probate of the last will and testament of PETER R. WALLIS Dec’d. and said will being read in open court and it appearing that MARTHA C., HENRY O. and WM. N. WALLIS were appointed Executors of said will and WM. D. LAIR one of the subscribing witnesses to said will coming into open court and being sworn says that PETER R. WALLIS on the 25th day of March 1876 being at the time of sound and disposing mind and in the present of affiant caused G. R. GATES and JOHN MARTIN by his direction to sign the within and foregoing will for him in his presence and in the presence of affiant and that said deceased signed said will in presence of himself and said G. R. GATES and JOHN MARTIN as witnesses and that said deceased was over 21 years of age and that he and said G. R. GATES and JOHN MARTIN were over the age of fourteen years. And it appearing to the court that due notice of said application has been given according to law, It is therefore ordered adjudged and decreed by the court that said application be granted and that said will be admitted to probated and that said MARTHA C. WALLIS, HENRY O. WALLIS and WM. N. WALLIS be appointed Executors of said Estate and that they file any inventory of said Estate & take the oath prescribed by law and that said will be recorded.

 

 

WM. SPURGIN

admr. Monday January 21st 1878

Est. C. V. SPURGIN Dec. Now on this day came…

 

Page 337

 

…on to be heard the final report of WM. SPURGIN admr. of the Estate of C. V. SPURGIN deceased and said admr. also asking to be discharged from his trust and there being no contest and it further appearing to the court that due notice has been given according to law and that said report is in all things correct It is ordered adjudged and decreed by the court that said report be approved (?) & recorded and that admr. be discharged from his trust upon his filing proper voucher showing all the Estate in his hands disposed of.

 

 

M. A. SPURGIN Wednesday January

Community Est. 23rd 1878

C. V. SPURGIN Now on this day came on to be heard the report of M. A. SPURGIN of the sale of personal property belonging to the community Estate of himself and his deceased wife C. V. SPURGIN And it appearing to the court that said sale was made according to law and in conformity with an order of this [court] And it further appearing that due notice of the same has been given as required by law and that said property sold for its reasonable (?) value & that said sale was fairly made it is ordered adjudged and decreed by the court that said report be in all things approved & [recorded].

 

F. E. McKINNEY Thursday January 28th

vs. 1878

JESSE SHAIN Now on this day this cause came on to be heard and both parties by their attorneys appeared and announced themselves ready for trail and a Jury being demanded then came a Jury of six good…

 

Page 338

 

…and lawful men to wit W. L. HUTTON and five others who were duly impaneled and sworn & who after hearing the evidence argument of counsel and charge of the court retired to consider their verdict and after mature deliberation returned into court and says that they cannot agree. It is therefore ordered & decreed by the court that the Jury be dismissed & this cause be continued.

 

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

 

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

 

 

WYNICK & CO. Saturday February

vs. 2nd 1878

O. C. McWHIRTER Now on this day this cause is dismissed and plff. has leave to withdraw note on filing copy with the clerk of this court.

 

 

GEO. A. WILSON Saturday February

vs. 2nd 1878

Est. M. M. YOUNG Now on this day came on to be heard the application of GEORGE A. WILSON to be appointed administrator of the Estate of M. M. YOUNG dec’d. and it appearing to the court that notice required by law had been given of filing of said application and that the facts set forth and contained said application are true. It is therefore ordered adjudged and decreed that administration be granted upon the Estate of the said M. M. YOUNG decd. and that the said GEO. A. WILSON receive letters of administration thereon upon his filing…

 

Page 339

 

…a bond with good and sufficient sureties in the sum of twenty thousand dollars and taking the oath prescribed by law within the time prescribed by law.

 

G. A. WILSON Saturday February

vs. 2nd 1878

Est. M. M. YOUNG Deceased Ordered by the Court that C. W. MOYES, J. M GRAVES and WM. FITZHUGH be appointed to appraise the property belonging to the Estate of M. M. YOUNG deceased.

 

 

H. H. FINLY Monday January

admr. 21st 1878

Est. SAMPSON FINLY Now on this day comes H. H. FINLY admr. of the Estate of SAMPSON FINLY and presents an application for the sale of the following described tract of land in Collin County Texas to pay the debts against said Estate to wit being a part of the SAMPSON FINLY headright on the waters of Rowlett’s creek in Collin Co. Texas and beginning at the SW corner of said original survey a rock from which a cottonwood 15 in. in dia. mkd. X brs. S 60 ½ East 54 varas Thence East 950 varas to the south E corner of said original survey Thence North 475 varas a post Thence West 950 varas a post Thence South 475 varas to the place of beginning containing 80 acres of land, less the following tract of land conveyed by SAMPSON FINLY to THOS. WATSON on the 18th day of December A. D. 1875 Beginning at the SE corner of said original survey Thence North 20 chs. to a stake Thence south 20 chs. to a stake Thence East 20 chs….

 

Page 340

 

…to the place of beginning containing 40 acres of land. And it appearing to the court that notice required by law has been given and that it is necessary to sell said land to pay off claims against said Estate, It is therefore ordered that said application be granted and that said administrator proceed to sell at private sale said land above described for cash and that he make his report to this court.

 

Ordered that court adjourn until Friday morning February 8th 1878.

 

 

Friday morning Febry. 8th court met pursuant to adjournment.

 

Heirs of ISAAC STIMSON Friday Febry. 8th

deceased 1878

vs. Now on this day this cause was continued.

DANIEL STIMSON Extr.

ISAAC STIMSON decd.

 

 

JOHN COX Friday February 8th

Guardian 1878

ELDORA HUNTER a minor Now on this day this cause was continued

 

NOTE: Following entry was “Rescinded.”

 

S. L. BUSH Et al Friday February 8th

vs. 1878

Est. O. E. BUSH Now on this day this cause was continued.

 

 

R. N. COFFEY Friday February 8th

vs. 1878

R. J. MOP (MOSS?) Guardian Now on this day this cause was continued for service.

D. M. DAMMER (?) Et al

 

Page 341

 

B. HENRY Friday February 8th 1878

admr. Now on this day came on to be heard the final account of said

Est. JAMES MODE deceased admr. together with the protests and acceptions (sic) thereto and the court after hearing the evidence and argument of counsel Audited and restate the final account of said admr. and filed the same with the papers of this cause and it is ordered by the court that said final account was audited and restated be approved as the final account of said admr. and that the costs of this proceedings except the County Judge’s commissions and the costs of proof of heirship be paid by said admr. out of his own individual Estate for which let Exception issue. It is further ordered that on filing proper Vouchers showing that all Estate remaining in his hands has been disposed of as provided by law that he be discharged from his trust and that the succession be closed. It further appearing to the Court that B. F. MODE is the son & heir at law of the said decedent and that he is entitled to recover all of said Estate after payment of all claims against said Estate, & said admr. now (unreadable) having filed the vouchers required by law he is finally discharged from his trust.

 

Page 342

 

B. W. HAMPTON Friday February 8th

Guardian 1878

Est. WM. O’GUINN a minor Now on this day comes B. W. HAMPTON guardian of the Estate of WM. O’GUINN a minor and files an additional inventory of said Estate and it appearing to the court to be in all things correct It is approved and ordered recorded.

 

 

JOS. W. BAINES Friday February

vs. 8th 1878

Est. GEORGE SIMPSON a minor Now on this day this cause was dismissed.

 

 

JNO. S. RIKE Friday February 8th

vs. 1878

ROBT. & ADA RIKE, minors Now on this day comes JOHN S. RIKE and files an application to be appointed guardian of the person and Estate of ROBT. S. RIKE and ADA RIKE and it appearing to the Court that notice has been given as the law requires, it is ordered and decreed by the the court that said application be granted and that letters of guardianship issue to him upon his filing a bond in the sum of 400 each with good and approved security and taking the oath prescribed by law.

 

JOHN COLE Friday February 8th 1878

admr. Now on this day comes JOHN COLE administrator of the

Est. JENNIE FARR (?) Dec’d Estate of JENNIE FARR deceased and files an annual account of the condition of said Estate and it appearing to the court that notice has been given as required by law, it is ordered…

 

Page 343

 

…that the same be approved and recorded.

 

 

G. E. SMITH Friday February 8th

vs. 1878

ELIZA E. LOYD Et al minors Now on this day comes G. E. SMITH and files his application to be appointed guardian of the Estates of ELIZA E. LOYD, C. J. LOYD and JOHN W. LOYD, minors and it appearing to the court that notice as the law requires has been given it is ordered that said application be granted and that letters of guardianship issue to him upon his filing a bond in the sum of Four Thousand Dollars with good and approved security and taking the oath prescribed by law.

 

G. E. SMITH Friday February

Guardian 8th 1878

Est. E. E. LOYD Et al, minors Now on this day comes G. E. SMITH and files his bond as guardian of the Estate of E. E. LOYD, C. J. LOYD and JOHN W. LOYD, minors and it appearing to the court that same is a good and sufficient bond it is approved and ordered recorded.

 

W. P. BAXTER Friday, February 8th

Guardian 1878

Est. L. M. BAXTER Et al, minors Now on this day comes W. P. BAXTER Guardian of the Estates of L. M., L. E.,, J. M. & W. C. BAXTER, minors and files his bond for approval as guardian of the estates of said minors & [it] appearing to the court that the same is a good & sufficient bond [it is] ordered that the same be approved and recorded.

 

Page 344

 

W. C. GARRETT Friday, February 8th

vs. 1878

Est. WM. (sic) GARRETT a minor Now on this day this cause is continued for notice.

 

 

W. H. CHADDICK Friday, February 8th

Guardian 1878

Est. ROBT. M. SMITH Now on this day comes W. H. CHADDICK and files his bond for approval as guardian of the Estate of ROBT. M. SMITH a minor And it appearing to the court that the same is a good bond, it is approved and ordered recorded.

 

 

W. H. CHADDICK Friday, February 8th

Guardian 1878

Est. SALLIE E. SMITH, a minor Now on this day comes W. H. CHADDICK and files his bond as guardian of the Estate of SALLIE E. SMITH a minor and it appearing to the court to be a good bond it is approved and ordered recorded.

 

G. A. WILSON Friday February 8th 1878

admr. Now on this day GEORGE A. WILSON administrator of the

Est. M. M. YOUNG deceased Estate of M. M. YOUNG deceased has leave to withdraw his bond.

 

Note: The following has some sort of marking across it and may not be a valid entry.

 

H. H. FINLEY Friday February 8th

admr. 1878

Est. S. FINLEY deceased Now on this day came on to be heard the report of H. H. FINLEY administrator of the Estate of SAMPSON FINLEY deceased of the sale of the following described land belonging to said Estate.

 

Page 345

 

B. W. HAMPTON Friday February 8th 1878

Guardian Now on this day comes B. W. HAMPTON guardian of the

Est. MARY O’GUINN Estate of MARY O’GUINN a minor and files an additional inventory of said Estate and it appearing to the court to be in all things correct it is approved and ordered recorded.

 

W. R. SHORT Friday February 8th

admr. 1878

Est. JNO. DERR dec. Now on this day this cause was continued for notice.

 

 

Est. of Friday February 8th

JAMES STEWART 1878

Deceased Now on this day this caused was continued for service.

 

 

JOHN HAVILE (HAVILL?) Friday February

Guardian 8th 1878

FRANKLIN HAVIL, a minor Now on this [day] comes said Guardian and moves the court to enter an order nunc pro tunc [now for then] approving the bond filed by said guardian herein at the May term of this court 1877 and it appearing to the court that said bond was filed and approved as required by law at the May term 1877, It is therefore ordered by the court that an order approved said bond be entered now for then.

Now on this day comes JOHN HAVILL and files his bond as guardian of the Estate of FRANKLIN HAVILL a minor and it appearing to the court that the same is a good bond it is approved and ordered recorded.

 

Page 346

 

Clerk’s Report

 

Now on this day comes J. M. BENGE Clerk and files the following report of Jurors who have serves at the present term of this court, the number of days served and the amount due each also the amount of money received and disbursed by him since his last report to wit.

 

Names of Jurors

No. of Days served

amt. due

PASCHAL HARRIS

4

8.00

W. H. HOLDER

5

10.00

J. H. HARVARD

5

10.00

JOHN MAGNER

5

10.00

F. M. HUNN

5

10.00

EDEN COLEMAN

5

10.00

J. L. FARNES

1

2.00

J. C. COLEMAN

1

2.00

D. B. DAVIS

1

2.00

JAMES WETSEL

1

2.00

W. D. KERBY

1

2.00

L. D. CHRISTOPHER

1

2.00

That he has issued Jury script to each of said Jurors for the amt. due the. And that I have received since my last report the following amount to wit:

Received 3 Jury fee in the cause of

H. A. McDONALD vs. ADDISON

ISAAC CRUNCH vs. ADDISON 3$

S. A. STINNETT vs. R. V. THOMPKINS 3$

F. E. McKINNEY vs. JESSE SHAIN 3$

Total amt. received 12$

That I have paid out no money since my last report.

Recapitulation

Amt. Received……………………………………………………………………………………………….12.00

Due mw (?) last Report………………………………………………………………………….3.90

Amt. on hand…………………………………………………………………………………….$8.10

All of which is respcy. submitted.

J. M. BENGE

 

Page 347

 

 

H. H. FINLY Friday February 8th 1878

admr. Now on this day comes H. H. FINLY administrator of the

Est. S. FINLY dec’d. Estate of S. FINLY deceased and makes his report of the sale of the following described property belonging to said Estate to wit, a part of the S. FINLY survey in Collin County Texas Beginning at the S W corner of said survey a rock from which a cottonwood 15 in. dia. mkd. X brs. S 60 ½ ° E 54 varas Thence East 950 varas to the s e corner of said survey Thence north 475 varas to a post Thence west 950 varas a post in the west line of said survey Thence south 475 varas to the Beginning containing 80 acres of land less, 40 acres of land formerly conveyed by S. FINLY to THOS. H. WATSON, Administrator reports that he sold the above described 40 acres of land to W. M. BUSH for the sum of six Hundred and twenty Six Dollars cash at private sale. And it appearing to the Court that the above sale was fairly made and in conformity with an order of this court, It is ordered and decreed by the court that the same be approved and recorded and that the administrator aforesaid be authorized to make deed to purchaser upon his complying with contract & upon the payment of the purchase money.

 

W. D. HUTTON Saturday Febry.

vs. 9th 1878

W. W. MERRITT Now on this day this cause was continued by consent.

 

Ordered that court adjourn until court in course.

T. C. GOODNER

Co. Judge.

 

Page 348

 

Be it remembered that there was begun and holden at the Court house in the Town of McKinney a regular term of the Honorable County Court of Collin County Texas for Civil and Probate business on the 3 Monday in March 1878 the same Being the 18th day of said month with the following named officer to wit: Hon. T. C. GOODNER Judge of said Court , W. W. MERRITT Sheriff of Collin County and J. M. BENGE Clerk of the County Court of Collin County, Texas. When and where the following proceeding were had to wit:

 

 

Monday March 18

Estate of A. D. 1878

MATTHEW W. & JESSE D. PARISH, minors Now on this day came on to be heard the application of M. H. ALEXANDER Guardian of the Estate of M. & JESSE D. PARISH minors for permission to sell for cash in hand the two tracts of land herein after described for the support and maintenance of his two wards MATTHEW W. PARISH and JESSE D. PARISH, and to pay the cost of the administration on their estates. And it appearing to the Court that notice of said application for the sale of said lots of land had been published once a week for four weeks successively in the McKinney Enquirer a newspaper published in Collin County as required by law, And it further appearing to the Court that there was no personal property and no money on hand belonging to said estate and that it was necessary to sell some of the real estate belonging to said estate of said Minors for their support and maintenance and to pay for the expenses of administration on said estates, And it further appearing to the Court that it would be to the interest of the estate of said minors to order said real estate sold for cash in hand it is considered ordered adjudged by the Court that M. H. ALEXANDER

 

Page 349

 

…Guardian of the estate of MATTHEW W. PARISH & JESSE D. PARISH proceed to sell for cash in hand lot No. 211 in Block No. 42 Situated in the town of McKinney Collin County Texas and the lot of twenty four and ½ acres in the survey patented to WM RYAN situated in Collin County Texas about 1 ½ miles from the town of McKinney and on Wilson Creek and that he make his report of the same to the present Term of this court.

Monday March

Estate of 18th 1878

MATTHEW W. & JESSE D. PARISH, minors Now on this day came on to be heard the report of the sale of Lot No. 211 in Block No. 52 situated in the town of McKinney Collin County Texas and the lot of twenty four and ½ acres of land part of the WM. RYAN survey about 1 ½ mi. south west of McKinney in Collin County Texas and it appearing to the Court that W. H. ALEXANDER guardian of the estate of estate of MATHEW W. & JESSE D. PARISH minors proceeded in accordance with the order of this court heretofore entered at the present term hereof and sold Lot No. 211 in Block No. 52 in the town of McKinney to J. E. LARGENT for the sum of five hundred dollars cash in hand and it further appearing to the court that said sale was fairly made and in conformity to law and that the sale was made for a full and fair price it is ordered and adjudged by the court that M. H. ALEXANDER Guardian of the estate of MATHEW W. PARISH & JESSE D. PARISH make out and deliver to the said J. E. LARGENT a good and sufficient deed to said lot No. 211 in Block No. 52 in the town of McKinney upon the said LARGENT paying him therefor in cash the said sum of five…

 

 

Page 350

 

hundred dollars.

It further appearing to the Court that M. H. ALEXANDER Guardian of the estate of MATHEW W. and JESSE D. PARISH proceeded to sell in accordance with the said order heretofore rendered this term of the Court herein, the lot of 24 ½ acres of land in the WM. RYAN Survey situated in Collin County Texas about 1 ½ miles South of McKinney on Wilson Creek to JAMES H. LOVEJOY for the sum of three hundred and seven and one half dollars cash in hand and it further appearing to the Court that said sale was fairly made and in conformity to law and that the sale was made for a full and fair price it is ordered adjudged and decreed by the Court that the said M. H. ALEXANDER Guardian of the estate of the said minors MATHEW W. and JESSE D. PARISH make out and deliver to the said JAMES H. LOVEJOY a good and sufficient deed to the premises herein last mentioned upon his paying therefor the said sum of three hundred and seven and ½ dollars cash.

 

JOHN COX Monday March 18th 1878

Guardian Now on this day comes JOHN COX and files his annual report

ELDORA HUNTER a minor of the condition of the Estate of ELDORA HUNTER a minor and it appearing to the satisfaction of the Court that notice required by law has been given and that the same has (unreadable) operation of law at the last term of this court and said report appearing to be correct it is ordered and decreed by the court that the same be approved and recorded.

 

Page 351

 

 

C. T. MANN Monday March 18th

Gdn. 1878

Est. NANNIE H. GOSSUM Now on this day comes C. T. MANN guardian of the Estate of NANNIE H. GOSSUM a minor and files his final report of the condition of said Estate with Exhibits thereto (?) attached & prays the court that he be discharged from his trust and it appearing to the court that notice has been given by publication as the law requires and that the same is in all things correct. And it further appearing to the court that said NANNIE H. GOSSUM has intermarried with GEORGE HAMILTON it is ordered and decreed by the court that the same be approved and that the guardian be discharged from his trust upon his filing proper vouchers showing all the Estate in his hands disposed of.

 

 

W. G. GARRETT Monday March 18th

vs. 1878

Est. WILLIS O. GARRETT a minor Now on this day comes on to be heard the application of W. G. GARRETT to be appointed guardian of the person and Estate of WILLIS O. GARRETT a minor and it appearing to the court that notice required by law has been given & no objection being filed 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 Three Hundred Dollars with good and approved security conditioned according to law & taking oath required by law.

 

W. R. SHORT

admr. Monday March

Est. JOHN DERR decd. 18th 1878

 

Page 352

 

Now on this day comes W. R. SHORT admr. of the Estate of JOHN DERR decd. and files his annual report of the condition of said Estate with Exhibits thereto attached and prays the court or the approval of the same. And it appearing to the court that notice required by law have been given and that the same has continued for service at the last term of this court and it further appearing that said report is in all things correct it is ordered that the same be approved and recorded.

 

 

R. MURCHINSON Monday March 18th

admr. 1878

Est. W. A. DOAKE Now on this day comes R. MURCHINSON admr. of the Estate of W. A. DOAKE decd. and files his annual report of the condition of said Estate, and it appearing to the court that notice required by law has been given, that said report is in all things correct, it is ordered and decreed by the court that the same be approved and recorded.

 

 

WM. BARKER Monday March

Gdn. 18th 1878

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

 

 

JOHN S. RIKE Monday March

Guardian 18th 1878

ADA A. RIKE Now on this day comes JOHN S. RIKE and files his bond as…

 

Page 353

 

…guardian of the person and Estate of ADA A. RIKE 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.

 

JOHN S. RIKE Monday March

Guardian 18th March Now on this day comes JOHN S. RIKE and files his

Est. ROBERT S. RIKE a minor his bond as guardian of the person and Estate of ROBT. S. RIKE a minor and it appearing to the court that the same is a good and sufficient bond it is approved and recorded.

 

 

V. H. ALLEN Monday March

admr. 18th 1878

Est. M. W. ALLEN deceased Now on this day came on to be heard the application of MRS. V. H. ALLEN admrx. of the Estate of M. W. ALLEN dec’d. for an order to sell the following described land of said Estate at private sale to pay debts to wit 1st tract 320 acres, the C. BROWN survey situated in Tarrant Co. patented to M. W. ALLEN assignee. Beginning at a stake & mound the sw corner of WM. DOZIERS 320 acres Thence S 1344 varas to a stone in prairie marked X Thence E 1344 varas to a stake & stone in prairie Thence N 1344varas to a stone marked Sc Thence W 1344 varas passing the SE cor. of said DOZIER survey at 394 varas a stake to the beginning. Second tract an undivided one fourth interest in 240 acres in the name of JNO. C. YATES situated in Tarrant Co. Beginning at SW cor. of WM. L. MANN 640 acre survey Thence S…

 

Page 354

 

…950 vars SE corner of J. M. GREGORY survey & NW cor. of W. W. WALLACE survey Thence E with N line of said WALLACE survey at 1475 vars the sw cor. of W. H. COCK survey Thence N 950 vars a stake Thence W 1975 (?) vars to the beginning. And the matters and things there in contained being heard and fully understood by the court, It is ordered adjudged and decreed that said application be granted and that said admrx. proceed to sell the same at private sale the first above described tract for cast to wit 320 the C. BROWN survey and the second above described tract to wit ¼ interest in 240 acres in JOHN C. YATES survey on a credit of twelve months taking note with personal security & mortgage on the land to secure the payment of purchase money & report her action in the premises to this court.

 

G. W. GARRETT Monday March 18th

Guardian 1878

WILLIS O. GARRETT a minor Now on this day comes G. W. GARRETT guardian of the person and Estate of WILLIS O. GARRETT a minor and files his bond for approval & it appearing to the court that the same is a good and sufficient bond it is ordered by the court that the same be approved & recorded.

 

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

 

Tuesday morning 9 o’clock court met pursuant to adjournment Mch. 19th 1878.

 

Page 355

 

M. ASHLOCK Tuesday March

Guardian 19th 1878

Est. M. W. & O. SULLIVAN minors Now on this day came on to be heard the report of M. ASHLOCK guardian of the Estates of M. W. & O. SULLIVAN and it appearing to the court from said Report and supplementary Report that said M. W. SULLIVAN has received the amount of seventy five Dollars more than he has advance to the said O. SULLIVAN and it further appearing to the court that the said M. W. SULLIVAN has arrived at the age of Twenty one years. It is therefore ordered by the court that said report and supplemental Report be in all things approved and that Mc SMITH, LEE PRIGMORE and J. R. BLACK be appointed commissioners to set apart and divide the personal property of said Estate between M. W. ASHLOCK guardian of the Estate of O. SULLIVAN and said M. W. SULLIVAN first setting apart to said M. ASHLOCK guardian of said O. SULLIVAN property to the amount of seventy five dollars and then dividing the remaining personal property equally between said M. W. SULLIVAN and M. ASHLOCK guardian of the Estate of O. SULLIVAN minor and that they make their report to the present term of this court.

 

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

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 





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Sue Patterson