Probate Minutes - 1876-1879 - Volume A-2


Page 356

 

Now on this day comes W. W. MERRITT Sheriff of Collin County and returns into court the Jury list selected by the Jury Commissioners to serve during the first week of the present term of this court all of whom failed to appear and were excused Except JOHN KENNEDY and W. W. ELLIOTT, JOSEPH CLINE. The Court then ordered the Sheriff to summon a sufficient number of good and lawful men qualified under the law to fill the vacancy the sheriff then returned into court the following named persons to wit RILEY SCOTT, ANDREW CAMPBELL, JAMES R HORN and GABE BECK all of whom were duly impaneled and sworn to serve during the 1st week of this court.

 

APPLETON NOYES & CO. Wednesday March

vs. 20th 1878

INGRAM & CO. Now on this day comes the plaintiff by their attorney and the said defendants having failed to appear and answer in this behalf but wholly made default wherefore the said GEORGE D. APPLETONE, NATHAN D. NOYES and JOHN B. MAUDE ought to recover against the said S. K. INGRAM and THOS. GRAY 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 plaintiffs and the said clerk now here having assessed the damages aforesaid at the sum of Two Hundred and twenty four and 11/100 Dollars. It is therefore considered…

 

Page 357

 

…by the court that the said Plaintiff do have and recover of the said defendants the sum of Two Hundred and twenty four and 11/100 Dollars with interest thereon at the rate of 10 percent per annum Together with their costs in the behalf expended and that they have their Execution.

 

Note: Written in margin beside the entry below: Recd. on this Judgment Sixty five ($65.00) Dollars Oct 2nd 1878;

Recd. on this judgment (smeared) $361.55 Decr. 10, 1878 J. C. WHITE atty. C. C. WHITE atty.

 

I.D. NEWSOME Wednesday March

vs. 20th 1878

W. B. BLALACK Et al This day comes the plaintiff by his attorney and the said defendant having failed to appear and answer in his behalf but wholly made default wherefore the said I. D. NEWSOME ought to recover from the said W. B. BLALACK, T. H. B. BLALACK and WILLIAM BEVERLY his damages by occasion of the premises and it appearing to the court that the cause of action is liquidated and proved by an instrument of writing It is ordered that the Clerk do assess the damages sustained by said plaintiff. And the said clerk now here having assessed the damages aforesaid at the sum of Three Hundred and ninety four & 99/100Dollars, It is therefore considered by the court that the said plaintiff I. D. NEWSOME do have and recover of the said defendants W. B. BLALACK, T. H. B. BLALACK & WM. BEVERLY the sum of Three Hundred and ninety four & 99/100 Dollars with interest thereon at the rate of 12 % per annum Together with his cost in this behalf expended and that he have his execution and that execution issue against each party respectively for the cost by them…

 

Page 358

 

…in this behalf incurred in favor of the officers of the court.

 

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

 

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

 

Note: Written in the margin beside the entry below: Received on the within Judgment two Hundred Dollars May 31/1878; Recd. One Hundred & One36/00 dollars (unreadable) 8th 1878; One hundred fifty dollars White & Dogget Attys.; in full on this Judgment (unreadable) 29th 1878 White & Dogget Attys.

 

I.D. NEWSOME Wednesday

vs. March 20th 1878

JAS. L. LESLIE Now on this day come the plaintiff by his attorneys and the defendant having failed to appear and answer in their behalf but wholly made default wherefore the said I. D NEWSOME ought to recover against the said JAS. L. LESLIE his damages by occasion of premises. And it appearing to the Court that the cause of the 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 Four Hundred and thirty six & 36/100 Dollars ($426 36/100) It is therefore considered by the court that the said plaintiff I. D. NEWSOME do have and recover of the defendant JAS. L. LESLIE the sum of Four Hundred and thirty six & 36/100 Dollars with interest thereon at the rate of 12 % per annum. Together with his costs in this behalf expended and that he have his execution and that execution issue against each party respectively for the cost by them in this behalf incurred in favor of the officers of the court.

 

Page 359

 

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

 

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

 

HENRY and ANDREWS Wednesday

vs. March 20th 1878

N. T. WHITE Now on this day this cause was continued.

 

 

GRAY KIMBRAUGH & CO. Wednesday

vs. March 20th

R. H. LOGAN 1878

Now on this day comes the plaintiffs by their attorney and the defendant having failed to appear and answer in this behalf but wholly made default wherefore the said JOHN B. GRAY and GEO. C. KIMBRAUGH (composing the firm of GRAY KIMBRAUGH & Co.) ought to recover their damages against the said R. H. LOGAN 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 plaintiffs and the said clerk now here having assessed the damages aforesaid at the sum of Two Hundred and seventy five & 25/100 Dollars, It is therefore considered by the court that the said plaintiffs JOHN B. GRAY and GEO. C. KIMBRAUGH do have and recover of said defendant R. H. LOGAN the sum of Two Hundred and seventy five 25/100 Dollars with interest thereon at the rate of 8 (?) % per annum Together with their costs in this behalf expended and that they have their…

 

Page 360

 

…Execution and that Execution issue in favor of the officers of the court against each part respectively for the cost by them incurred.

 

 

JOSEPH W. BAINES Wednesday

vs. March 20th

C. T. MORRISS Et al 1878

Now on this day this cause came on for trial and both parties appearing and a Jury being waived and the matters and things submitted to the court who after hearing the evidence & argument of counsel gave Judgment for Plaintiff and against the defendant. It is therefore ordered by the court that the plaintiff JOSEPH W. BAINES do have and recover of and from the defendants CHAS. T. MORRIS and JAMES K. ALDRIDGE the sum of One Hundred and ninety seven & 41/100 Dollars with interest from date at the rate of 10 % per annum. Together with all cost in this cause incurred and that he have his execution and that execution issue against each party respectively, in favor of the officers of the court for the cost by them in this cause incurred.

 


Now on this day came on to be heard the petition of twenty six free holders citizens of Collin County praying for an order for an election on the hog goat and sheep law approved August 15
th 1876 within the following boundaries within said County to wit: Beginning at the Grayson County line on the east Fork on Trinity running down said East Fork to the McKinney and Greenville Road and East with…

 

Page 361

 

…said road to Sister Grove creek and up said creek to the Grayson County line and with said county line to the place of beginning. And the matters and things set out 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 at Melissa and Wysong’s Mill by the presiding officers of said voting precincts on the 27th day of April A. D. 1878. And that they make their return as required by law and that notice of the same be given by publication for four weeks successively in the McKinney Enquirer.

 

 

A.J. SCRIBNER

vs. Now on this day this cause came on for trial and a

H. & T. C. RAILWAY CO. Jury being demanded by the plaintiff the court then ordered the sheriff to summon a sufficient number of good and lawful men qualified under the law to try this cause. The Sheriff then returned into court the following named persons to wit:

J. A. STEWART, H. A. McDONALD (?), JAMES KENDLE (Pd.), P. P. ALLEN (Pd.), JAMES L. BAIN (Pd.) and J. L. RANEY (Pd.) who were duly in impaneled and sworn to serve as Jurors.

 

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

 

Saturday March 23rd 1878 court met pursuant to adjournment.

 

Page 362

 

ALEXANDER & SOMMERVILLE Wednesday

vs. March 20th

GEORGE T. ARMSTRONG 1878

Now on this day plaintiff has leave to amend.

 

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

 

Monday morning Mch. 25th 1878 court met pursuant to adjournment.

 

JAMES P. DOWELL Monday March

vs. 25th 1878

SAMUEL FINLY a minor Now on this day came on to be heard the application of JAMES P. DOWELL to be appointed guardian of the person and Estate of SAMUEL FINLY a minor And it appearing to the court that notice required by law 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 five Hundred dollars with good and approved security and taking the oath required by law.

 

MRS. V. H. ALLEN Wednesday Mch.

admx. 25th 1878

Est. M. W. ALLEN decd. Now on this day came on to be heard the report of MRS. V. H. ALLEN admrx. of the Estate of M. W. ALLEN decd. upon the sale of the following described land belonging to said Estate to wit: First tract 320 acres in Tarrant County patented to M. W. ALLEN assignee of C. BROWN to T. J. ROSS for three Dollars per acre cash said land described in order of sale made & entered (?)…

 

Page 363

 

…on the 18th day of March 1878 and second tract being an undivided interest in 240 acres in Tarrant Co. in name of JOHN C. YATES, said land described in the aforesaid order to ELI SMITH for the sum of three Dollars per acre on a credit of twelve months taking note with personal security & mortgage to secure the payment of the purchase money, both sales having been made at private sale, and the matters and things therein contained being heard & fully understood And it further appearing that said land sold for its reasonable cash value. It is ordered adjudged and decreed by the court that said sale be in all thing approved and confirmed and that said administratrix make execute and deliver to said T. J. ROSS a deed for said land upon payment of the purchase money and that she proceed to make and deliver to ELI SMITH a deed for the land sold to him taking his note with personal security & mortgage on the land to secure the payment of the purchase money.

 

A.J. SCRIBNER Friday March 22nd

vs. 1878

H. & T. C. RWY. CO. Now on this day this cause came on for trial and both parties by their attorneys appeared and announced [themselves] ready for trail and a Jury being demanded by the plaintiff, then came a Jury of six good and lawful men to wit: H. H. McDONALD and five others who were duly impaneled and sworn and who after hearing the…

 

Page 364

 

…evidence adduced argument of Counsel and charge of the court retired to consider their verdict and after consideration and after mature deliberation returned into court the following verdict to wit, “We the Jury find for the defendant.: H. A. McDONALD, Foreman.

It is therefore ordered adjudged and decreed by the court that the plaintiff taking nothing by this suit and that the defendant HOUSTON & TEXAS CENTRAL RAILWAY CO. do have and recover of and from the plaintiff A. J. SCRIBNER 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 party respectively for the cost by them incurred in this cause.

 

 

H. A. McDONALD Monday January

vs. 25th 1878

H. C. ADDISON Now on this day this cause came on for trial and a Jury being demanded, The Court ordered the sheriff to summons (sic) a sufficient number of good and lawful men to serve during the balance of this week the sheriff then returned into court the following named persons to wit: A. W. ELLIOTT, RILEY SCOTT, ANDREW CAMPBELL, J. R. HORN, GABE BECK and JAMES KENDALE all of whom were duly impaneled and sworn.

 

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

 

Page 365

 

Tuesday morning 9 o’clock (March 26th 1878) Court met pursuant to adjournment.

 

E. F. ELKIN Tuesday March

Gdn. 26th 1878

NANCY J. ELKIN Now on this day comes on to be heard the final report of E. F. ELKIN guardian of N. J. ELKIN a minor and it appearing to the court that said N. J. ELKIN has arrived at full age by marriage with W. C. HARRIS and that they have each accepted service on the final Report and authorized the court to enter an order closing the guardianship and discharge said guardian at this term of the court and it further appearing that said Estate is fully administered and the guardian has filed his vouchers and the receipts of said N. J. & W. C. HARRIS for the sum of 1830 03/100 in full of all claims against him as said guardian, It is therefore ordered that said guardianship be closed and the guardian deliver possession of the real Estate to said N. J. HARRIS and the said guardian E. F. ELKIN be discharged upon his filing vouchers for the costs due in said guardianship.

 

J. P. DOWELL Tuesday March

Guardian 26th 1878

SAMUEL FINLEY a minor Now on this day comes J. P. DOWELL and files his bond as guardian of the person and Estate of…

 

Page 366

 

SAMUEL FINELY a minor and it appearing to the court that the same is a good and solvent bond it is ordered that the same be approved and recorded.

 

G. A. WILSON Tuesday March

admr. 26th 1878

Est. L. T. E. MORRIS deceased Now on this day comes THOS. H. MORRIS and files a copy of Judgment rendered in Justice Court Precinct No. 1 for the Sum of $112.00 & Seventeen Dollar fifty cents Cost (?) in his favor against G. A. WILSON admr. of the Estate of L. T. & E. B. MORRISS dec. Ordered by the Court that the same be approved and that Same be paid in due course of administration.

 

H. A. McDONALD Tuesday March

vs. 26th 1878

H. C. ADDISON Now on this day this cause coming on to be heard and both parties appearing and announced themselves ready for trial and a Jury be demanded by the defendant then came a Jury of six good and lawful men to wit JAS. R. HORN 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 a verdict for the plaintiffs for the sum of ($756 74/100) seven hundred and fifty six Dollars and seventy four cents. JAS. R. HORN Foreman

It is therefore ordered adjudged and decreed by the Court that the plaintiff H. A. McDONALD do have…

 

Page 367

 

…and recover of and from the defendant H. C. ADDISON the sum of seven Hundred and fifty-six and 74/100 Dollars with interest at the rate of 8 % per annum and that he have his execution and that Execution issue against each party for the cost by them incurred in this cause in favor of the Officers of the Court.

 

 

F. M. ADDISON Wednesday March

admr. 27th 1878

J. VANCLEVE decd. Now on the day came on to be heard the report of sale of 320 acres of land situated on the waters of the Clear fork of the Brazos River about twenty two 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 no. 369 from which a mesquite 5 in. in dia. bears S 26° E 41.58 varas another 3 in. in dia. bears 5° W 47.52 varas distant Thence S 45° W 13.07 varas branch 2.58 varas inde couse (?) SE 1344 varas stake in mound for corner from which a mesquite 14 in. dia. bears S 4 W 1734 varas another 8 in. dia. South 5° East 1728 varas distant Thence S 45 E 118 varas amt of branch 12.59 varas same branch 38.72 varas branch 1.81 varas inde course SE 9504 varas same branch 237 varas inde 148.97 varas same branch 1.89 varas inde 194.11 varas same branch 1344 varas a stake in mound for corner from which a mesquite 6 in. dia. South 31° 30 East 20.90 varas another 6 in. dia. bears South…

 

 

Page 368

 

…2° 30 West 15.68 varas Thence north 45° East 1344 varas to a stake in mound for corner 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 F. M. DAVIDSON administrator of the estate of J. VANCLEVE Dec’d proceeded in accordance with the order of this court heretofore entered on Monday the 17th day of September, 1877 and sold the land above described to P. B. MUSE and HENRY A. FINCH for the sum of two Hundred and fifty dollars in hand paid 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 F. M. DAVIDSON administrator of the Estate of J. VANCLEVE make out and deliver to the said P. B. MUSE and HENRY A. FINCH a good and sufficient deed to said 320 acres of land as described above upon the said MUSE and FINCH paying him therefore in Cash the said sum of two hundred and fifteen dollars.

 

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

 

Wednesday morning Mch. 29th court met pursuant to adjournment

 

ISAAC CROUCH (?) Wednesday Mch.

vs. 27th 1878

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

 

 

Page 369

 

…on affidavit.

 

ISSAC CROUCH (?) Wednesday March 27th

vs. 1878

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

 

 

HATLER & OSBOURN Wednesday Mch.

vs. 27th 1878

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

 

 

J. D. HUTTON Wednesday March 27

no.1929 vs. 1878

W. W. MERRITT Now on this day came on to be heard the exceptions of Plff. to plea to the Jurisdiction filed herein by Deft. and the argument of counsel being heard and the matters and things therein being fully understood by the Court it is considered by the court that the law is for deft. It is therefore ordered adjudged and decreed by the court that said Exceptions be in all things overruled to which ruling Plff. excepted.

 

Note: Written in margin beside entry below: This judgment settled by payment of money to us Oct 8, 1878. Throckmorton Brown & Bro. Attys. for Pllf.

 

J. D. HUTTON Wednesday March

vs. 27th 1878

W. W. MERRITT Now on this day came on to be heard Deft’s. plea to the Jurisdiction of the Court filed herein and the facts as therein stated being admitted by Plff. It is considered by the Court that the law is for Deft. It is therefore ordered adjudged and decreed by the Court that said plea to the Jurisdiction be sustained and Plffs. petition dismissed and defendant have and recover of Plff. all costs in this behalf expended for which let execution…

 

Page 370

 

…issue to which Plff. excepted & gave notice of appeal to the court of appeals and ask permission for E. T. BROWN one of Plffs. attorneys to become surety on appeal bond which is granted.

 

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

 

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

 

 

SAM’L P. BEARD Thursday March

vs. 28th 1878

ARCH CAMPBELL Now on this day came the parties by attorneys and announced themselves ready for trail and a Jury having been demanded by defendant the following named Jury were impaneled and sworn according to law to wit, JAMES R. HORN and five other who others who after hearing the evidence 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 the defendant guilty.

JAMES R. HORN Foreman

It is therefore ordered and adjudged by the court that the Plff. S. P. BEARD have and recover of and from Deft. ARCH CAMPBELL the land and premises described in Plff’s affidavit writ of forcible detainer to wit, a tract of land in the PETER LUCAS survey situated in Collin Co. Texas about 7 miles SE from McKinney and East of the Rockwall road and containing 30 acres, and that he have his writ of possession for the sum (?). It is further ordered that Plff. S. P….

 

Page 371

 

BEARD have and recover of and from said Defendant all his costs in this behalf expended for which let execution issue. And that execution issue in favor of the officers of the court against each party respectively for costs by them in this behalf incurred.

 

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

 

Friday morning Court met pursuant to adjournment.

 

 

MARTHENY and BELL Thursday March

vs. 28th 1878

JAMES & JULIA C. CUNDENIN (?) Now on this day this cause was continued by consent.

 

 

Heirs of ISAAC STIMSON Decd. Tuesday Mch.

vs. 26th 1878

DANIEL STIMSON Extr. Now on this day this cause was continued for service on defendant.

 

R. N. COFFEY Monday, Mch.

vs. 18th 1878

R. J. MOSS Guardian, D. M. DAMRON Et al Now on this day came on to be heard the application of R. N. COFFEY to be released as surety for bond of R. J. MOSS as guardian of D. M. DAMRON Et al minors and it appearing to the court that said MOSS has had notice of said application, It is ordered and decreed by the court that the same be granted and that said R. N. COFFEY be released from said bond…

 

Page 372

 

…upon R. J. MOSS filing a new bond in accordance with law.

 

J. C. SNIDER Friday March 29th

admr. 1878

Est. J. C. McDONALD Deceased Now on this day this cause was continued by law.

 

 

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

 

Saturday morning March 30th court met pursuant to adjournment.

 

C. T. MANN Saturday March 30th

Guardian 1878

N. H. GOSSUM Now on this day C. T. MANN guardian of N. H. GOSSUM files his vouchers showing all the Estate in his hands disposed of. It is ordered and decreed by the court that he be discharged from his trust.

 

F. E. McKINNEY Friday March 30th

vs. 1878

JESSE SHAIN Now on this day this cause was continued by defendant.

 

S. A. STINNETT Et al Wednesday March

vs. 1878

R. V. THOMPKINS Now on this day came on to be heard the Plffs. Exceptions to Defendants general and special Demurrer and the matters and things being heard and fully understood by the Court it is considered that the law is for the defendant. It is therefore ordered & decreed by the court that the Plffs. take nothing by this suit and that the…

 

Page 373

 

 

…defendants go hence without day and that he have and recover of and from the Plff. all cost accrued in this suit 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. CAMERON Friday March 29th

vs. 1878

THOS. P. T. McLEAN Now on this day this cause was continued.

 

 

ALEXANDER & SOMMERVILLE Friday March

vs. 1878

GEO. T. ARMSTRONG Now on this day this cause was continued by the defendant.

 

CLERK’S REPORT

 

Now on this day comes J. M. BENGE Clerk County Court Collin County and makes his report of all monies received and disbursed by him since his last report and the names of Jurors and the number of days served and the amount due each to wit:

 

Name

No. days

amt.

JOHN KENNEDY

3

6.00

A.M. ELLIOTT

3

6.00

RILEY SCOTT

3

6.00

ANDREW CAMPBELL

3

6.00

JAMES R. HORN

3

6.00

GABE BECK

3

6.00

JOE CLINE

3

6.00

J. M. STEWART

1

2.00

H. A. McDONALD

1

2.00

JAMES KENDALL

1

2.00

P. P. ALLEN

1

2.00

JAMES L. CONN

1

2.00

J. L. RANNY

1

2.00

 

Page 374

 

J. L. FARIS

1

2.00

J. W. BONE

1

2.00

A.L. JONES

1

2.00

A.W. ELLIOT

5

10.00

RILEY SCOTT

5

10.00

ANDREW CAMPBELL

5

10.00

J. R. HORN

5

10.00

GABE BECK

5

10.00

JAMES KENDAL

5

10.00

 

That I have issued Jury script to each of said Jurors for the amount due them. That I had on hand at my last report the sum of ……………………………………………………………………………………………………………………$2.10

WM. CAMERSON

vs. Jury fee…………………………………………………………………………..…..3.00

ARCH CAMPBELL

 

ALEANDER & SOMERVILLE

vs. Jury fee………………………………………………………………………………3.00

G. T. ARMSTRONG

Amt. on hand……………………………………………………………………………………………………...…………$11.10

That I have paid out no money since my last Report, all of which is Respcy. submitted.

J. M. Benge Clerk.

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

 

 

Est. of Friday March 29

O. E. & D. M. BUSH 1878

Decd. The report of DAVID MELTON, J. D. DOWELL and A. E. QUINESBERRY

 

Page 375

 

…commissioners appointed to partition the undistributed reside of said Estate, consisting of a tract of land having been duly appointed by this court at the last term thereof. And it appearing from said report that said land is not susceptible of division, and it appearing to the court that none of the distributees of said Estate have applied in accordance with law to take said land, It is ordered by the court that WM. R. BUSH the administrator of said Estate do sell said land for cash on Tuesday the 7th day of May 1878 at Public outcry in accordance with law said land being described as follows to wit: situated in Collin County about 8 miles west of the city of McKinney on the waters of Rowlett’s creek being a part of 320 acres of land patented to DAVID L. MELTON assignee of THOMAS PHILLIPS and being apportion of 94 acres of land out of said 320 acres conveyed March 20th 1862 by said MELTON & wife to OLIVER E. BUSH. Beginning at the SE corner of said 94 acres 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 and that said administrator report said sale to the court at the next term.

 

Estate of Saturday March 30th

JAMES STEWART 1878

Deceased Now on this day came on to be heard the application for…

 

Page 376

 

…partition and distribution and the report of the administrator in the Estate of JAMES STEWART deceased, and said report having been examined & being fully understood by the court, It is ordered by the court that the same be confirmed. And that it further appearing to the court that MARTHA J. and DELIA ALEXANDER, JOSEPH STEWART, SALLIE DUEY and EDITH WHITE are the only heirs at law and children of the said JAMES STEWART dec’d. It is ordered adjudged and decreed by the court that they each receive one fifth of the following described property to wit:

One wagon, 7 head of cattle, all of the household furniture now in the possession of MRS. EDITH WHITE or JOSEPH STEWART and that it belonged to JAMES STEWART dec’d. One grind stone, One Kittle (sic) and one cooking stove, one heating stove, one horse, one set of old Harness, five hogs, three carpenter’s planes, one lounge, one dining table, one Webster’s Dictionary, one bible and one plon (plow?) and the following described tract of land in Collin County on the waters of Hurricane Creek about 11 miles north from McKinney being part of a survey of 640 acres of land made in the name of ZACHARIAH ROBERTS. Beginning at the NW corner a stake from which an Elm 12 in. in dia. mkd. R brs. N 16° 30’ W 5 lks. Thence South the W line there of 26 6/100 chs. a stake from which a hackberry 6 in. in dia. mkd. X brs. S 80° E 15 lks. Thence E 25 chs. a stake in small branch from which a chitin 7 in. in dia. mkd. X N 28° W 12 lks. Thence N 26 66/100 chs. to a stake in the N line of the ROBERTS survey Thence W 25 chs. to the place of beginning containing 66 acres. It is further ordered and decreed by the court that THOS. B. WILSON, GEO. COFFMAN

 

Page 377

 

…and JOSEPH COOPER be and they are hereby appointed commissioners to divide and partition the above mentioned property in the manner as indicated above and that they make report of their action herein at the next term of this court.

 

GEORGE A. WILSON Saturday Mch.

admr. 30th 1878

Est. L. T. & E. B. MORRISS deceased Now on this day this cause was continued by admr.

 

 

D. M. STIMSON Saturday Mch.

Extr. 30th 1878

Est. ISAAC STIMSON Deceased Whereas it has been shown to the court on the motion of D. M. STIMSON Executor of the Estate of ISAAC STIMSON deceased that at the November term…

 

Page 378

 

…A. D. 1877 of this court the court approved the sale of 20 acres of land which was sold by D. M. STIMSON executor as aforesaid to W. J. HOWARD, said land belonging to the Estate of ISAAC STIMSON deceased and sold under an order of this Court rendered at the July term A. D. 1877. And it appearing to the court that the Clerk of this court failed to enter said order of approval at said January term A. D. 1878, It is ordered that the same be entered at this term now for then. On the 1st day of December A. D. 1877 came D. M. STIMSON Executor of the Estate of ISAAC STIMSON deceased and filed his report of the sale of 20 acres of land to W. J. HOWARD for the sum of Thirty Dollars at public sale, situated in Collin County Texas on the South side of Sloan’s creek a tributary of East Fork. Beginning at a point in the west line of a tract of land deeded by L. M. MARTIN to G. H. FITZHUGH Thence East 10 chains a post from which a triple Elm each 8 in. in dia. mkd. X brs. S 38 ½ west 23 lks. an ash 5 in. in dia. mkd. X brs. North 3400 (?) lks. Thence North chains a post from which a pecan 20 in. in dia. mkd. X brs. S 15 ½ West 40 chs. Thence West (blank) chains the N west Corner of said Tract Thence East to the place of beginning. And it appearing to the court that said land sold for its fair & reasonable value and that said sale was in conformity with law it is ordered adjudged and decreed by the court that said sale be in all things approved and confirmed and that said Executor D. M. STIMSON make to said purchaser W. J. HOWARD a deed to said land taking his note with good security and a mortgage on the land to secure the payment of the purchase money.

 

Page 379

 

Est. of Saturday Mch. 30th

H. H. TUCKER 1878

Deceased Now on this day came on to be heard the application for partition and distribution and the report of the administrator showing the condition of said Estate and said report having been examined and being fully understood by the court. It is ordered and decreed by the court that said report be in all things confirmed except so much thereof as relates to the payment or advancement of the said administrator to the heirs of his intestate of certain sums of money as their share of said Estate and that all of said report as relates thereto be and the same is hereby disaffirmed. And it appearing to the court that the following named persons are the heirs at law of the said H. H. TUCKER to wit: ELIZABETH TUCKER the surviving widow of said decedent and S. A., GEO. H., L. M., JNO. D. TUCKER, N. E. GRAVES, WM. L., B. T. and J. M. TUCKER children of the said H. H. TUCKER decd. and the said ELIZABETH TUCKER, it is ordered that the property hereinafter set out be partitioned & distributed in the manner herein mentioned. And it appearing to the court that all of the property returned on the inventory by said administrator was the community property of the said H. H. TUCKER dec’d & said ELIZABETH TUCKER it is ordered & decreed that the money now in the hands of the administrator amounting to the sum of ($4417.22) as appears from the report of said administrator after deducting the sum of $100.00 which the administrator is hereby…

 

Page 380

 

…ordered to retain in his hands for the purpose of meeting the costs in this Estate be divided and distributed in the following manner to wit: that the said administrator pay to E. TUCKER the surviving widow of H. H. TUCKER dec’d. the sum of ($2158 62 1/2/00), to S. A., GEORGE H., JNO. D., WM. L., B. F. & J. M. TUCKER each the sum of $269.82 and A. S. GRAVES the duly appointed guardian of L. M. TUCKER the sum of $269.82/100. And It appearing to the court that the said administrator had already paid A. S. GRAVES guardian of said L. M. TUCKER a minor the sum of $46.27/100 it is ordered and decreed that said administrator have credit with said A. S. GRAVES guardian for said sum of money and that he be allowed to deduct this amount from the said sum of $269.82 in his settlement with said GRAVES guardian as aforesaid And it appearing to the court that the following tracts of land is the community property of the said H. H. TUCKER dec’d. & said ELIZABETH TUCKER, it is ordered and decreed that one half of said lands hereinafter set out be set apart to the said ELIZABETH and that the remaining one half of said lands be divided into 8 equal portions and that the following persons each have one eight of said remaining one half to wit: S. A. TUCKER, GEORGE H. TUCKER, JNO. D. TUCKER, L. M. TUCKER, N. E. GRAVES, WM. L. TUCKER, B. F. TUCKER & J. M. TUCKER, said lands are described as follows 1st tract in Collin County on the waters of East Fork about 2 ½ miles a little se from McKinney being a part of a…

 

Page 381

 

…survey of 640 acres of land made in the name of L. B. HAMM Abstract no. 273. Beginning at a post in the north line thereof from which the N W corner thereof bears west 22 chains 75 lks. and an Elm 12 in. dia. mkd. X bears S 44 W 10 lks. Thence East 9 chains 65 lks. a post an Elm 10 in. in dia. mkd. X brs. S 82 E 12 lks. Thence South 18 chs. to a post on the bank of East fork Thence up the same with its meanderings in Westing (?) 9 chains 65 lks. & in northing (?) 10 chains to a post in its north bank Thence north 8 chains to the place of beginning containing 16 acres of land be the same more or less, 2nd Tract in Collin County 2 ½ miles SE from McKinney being part of a survey of 640 acres of land in the name of L. B. HAMM Abstract no. 273 and Beginning at a post in the N line thereof from which the NW corner thereof bears west 32 chs. 40 lks. and an Elm 10 in. in dia. mkd. X brs. S 82 E 12 lks. Thence East 7 chains 37 lks the NE corner of a tract of land 98 acres set apart to ZURITHA LEE Thence South with its East line 56 chs 56 lks her (?) SE corner Thence West 8 chs. 60 lks. a post from which an Elm 5 in. dia. mkd. X brs. S 40 E 10 lks. and an Elm 5 in. dia. mkd. X brs. S 40 E 10 lks. and an Elm 6 in. dia. mkd. X brs. S 80 W 18 lks. Thence North 38 chs. 56 lks. East Fork Thence East down the same 125 lks. Thence north 18 chs. to the place of beginning containing 46 acres of land more or less. 3rd Tract in Collin County on the water of East Fork about 5 miles S of McKinney a part of a survey in the name of HENRY WETSEL, and Beginning…

 

Page 382

 

… in the N line of said survey at the NE corner of 100 acres sold to JOHN MARSHALL by HENRY WETSEL Thence South with the E line of said 100 acres 17 05/100 chs. a stake in road Thence E 20 28/100 chs a stake Thence N 16 65/100 chains a stake in the N line of the WETSEL survey from which a bois d’arc in hedge marked X brs. S 13 lks. Thence N 88° 50’ W 20 24/100 chs. to the beginning containing 34 1/10 acres. It is also ordered and decreed by the court that THOMAS B. WILSON, FRANK HUNN and JAMES B. HORN be and they are hereby appointed commissioners to partition and divide said lands and that they report their action therein at the next term of this court.

 

 

JOHN P. HUNTER Friday March 22nd

vs. 1878

ESTES BERRY & CO. Now on this day this cause came on to be heard by both parties represent by their attorneys appeared and announced themselves ready for trial and a Jury being demanded then came a Jury & six good and lawful men to wit: JOHN KENNEDY 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 the Plaintiff the sum of Eighty six & 50/100 Dollars.

JOHN KENNEDY Foreman

It is therefore ordered & decreed by the court that the plaintiff JOHN P. HUNTER do have and recover of and from the defendant DANIEL HOWELL and B. T. ESTES surviving…

 

Page 383

 

…partners of the firm of ESTES BERRY & CO. the sum of Eighty six Dollars & 50/Cents and that they have their execution and that execution issue in favor of the officers of the court against each party respectively for the cost by the incurred.

 

A.J. SCRIBNER Saturday, March 30th

vs. 1878

H. & T. C. RWY. CO. Now on this day comes the plaintiff by attorney and moves the court for a new trial in this cause and the matters and things fully understood by the court, It is [ordered] that the same be overruled (?) to which ruling (?) plffs. excepts and gives notice of appeal to the court of appeals.

 

JOHN P. HUNTER Saturday March

vs. 30th 1878

ESTES BERRY & CO. Now on this day come deft. by atty. & moves the court to grant a new trail, and the matters and things set being heard and fully understood by the court, it is ordered and decreed that the same be overruled to which ruling defendants excepts and gives notice of appeal to the court of appeals.

 

M. ASHLOCK Saturday March

Guardian 30th 1878

M. W. and O. SULLIVAN Now on this day came on to be heard the report of commissioners appointed to partition the personal property belonging to the Estates of M. W. and O. SULLIVAN minors and it appearing…

 

Page 384

 

…to the court to be in all things correct it is ordered that the same be approved and that M. ASHLOCK guardian of said minors be discharge[d] as to M. W. SULLIVAN upon his filing vouchers showing all cost has been paid and all property belonging to said minors has been delivered to him.

 

Ordered that Court adjourn until Friday April 5/1878.

 

Friday morning 9 o’clock April 5/1878 Court met pursuant to adjournment.

 

Ordered that court adjourn until ourt in course.

Read & approved.

T. C. Goodner

Co. Judge

 

The State of Texas Be it remembered that the following proceedings were had by the County Judge in vacation to wit:

 

JOS. W. BAINES Saturday April 6th

Admr. DBN [de bonis non] 1878

Est. MARY S. SIMPSON Decd. Ordered by the County Judge that the clerk of this court give notice by publication of the final Report of JOSEPH W. BAINES admr. of Est. of MARY S. SIMPSON deceased in the McKinney Inquirer for three weeks.

 

D. B. WYLIE Saturday April 6th 1878

admr. Ordered by the County Judged that the Clerk of this

Est. JOEL TODD decd. Court…

 

Page 385

 

…give notice for three weeks by publication in the McKinney Advocate of the final Report of D. B. WYLIE admr. [of] Est. JOE. TODD decd.

 

JAMES D. COLEMAN

Admr. April 19 1878

Est. Wm. C. JACKSON

Ordered by the County Judge in Vacation that the Clerk of the County Court give notice by publication of the final Report of JAMES D. COLEMAN Administrator of the Estate of WM. C. JACKSON Deceased in the McKinney Enquirer for Three Weeks.

Read & Approved.

T. C. GOODNER

Co. Judge

 

The State of Texas

Collin County Be it remembered that there was begun and holden at the Court House in the City of McKinney on Monday May 20th 1878 a regular term of the County Court of Collin County for Civil and probate business present and presiding Hon. T. C. GOODNER Co. Judge, W. W. MERRITT, Sheriff and J. M. BENGE, Clerk, when the following proceedings were had to wit:

 

Wm. BARKER May 20th

Guardian Now on this day comes on to be heard additional

M. J. M. BARKER inventory of Wm. BARKER as guardian of the Estate of W. J. M. BARKER and it appearing to the court that the same is in all things…

 

Page 386

 

…correct and that the same has laid over one term of this court, it is therefore ordered by the court that the same be approved and recorded.

 

 

JOS. W. BAINES Monday May 20

vs. 1878

Est. Wm. REESER Now on this day came on to be heard the application of JOSEPH W. BAINES to be appointed the administrator of the Estate of WM. REESER deceased and it appearing to the court that notice required by law has been given and no objection being filed, it is therefore ordered by the court that the same be granted and that letters of administration issue to him upon his filing a good and solvent bond in the sum of five thousand Dollars and taking the oath prescribed by law.

 

Ordered by the Court that J. M. BENGE Clerk County Court be allowed the sum of twenty five Dollars for Exofficio (sic) services as clerk county court in preserving the records, making Indexes &c from Feby. 20th 1878 to May 20th 1878 inclusive and that the County Treasurer pay the same out of the County funds.

 

W. N. WALLIS Monday May 20th

Extr. 1878

Est. PETER R. WALLIS decd. Now on this day comes W. N. WALLIS Extr. of the Estate of PETER R. WALLIS Extr. of the Estate of PETER R. WALLIS decd. and files his bond as such, and it appearing to the curt that the same is a good and solvent bond it is ordered that the same be approved and recorded.

 

Page 387

 

Wm. N. WALLIS Monday May 20th

Extr.

Est. P. R. WALLIS dec. Now on this day comes Wm. N. WALLIS executor and files an inventory of all property belonging to the Estate of P. R. WALLIS dec’d. and it appearing to the court that the same is a full and complete list of all property belonging to said Estate, it is therefore ordered and decreed by the court that the same be approved and recorded.

 

G. W. COFFMAN Monday May

Guardian 20th 1878

Est. STEPHEN DUPEY a minor Now on this day came on to be heard the final report of G. W. COFFMAN guardian of the Estate of STEPHEN DUPEY a minor. And it appearing to the court that the same is in all things correct and that the notice required by law has been given it is ordered that the same be approved and recorded and that said guardian be discharged from his trust upon his filing vouchers showing all the Estate in his hands disposed of according [to] law.

 

LIZZIE SMOTT Monday May

Guardian 20th 1878

Est. W. E. SMOTT Minor Now on this day this cause was continued by operation of law.

 

LIZZIE SMOTT Monday May

Guardian 20th 1878

Est. J. B. SMOTT Minor Now on this day this cause was continued by operation of law.

 

Page 388

 

 

JOHN S. RIKE Monday May

Guardian 20th 1878

R. S. & A. A. RIKE a minor (sic) Now on this day comes JOHN S. RIKE guardian of the Estate of R. S. and A. A. RIKE minors and files an inventory of all property belonging to the Estate of said minors and it appearing to the court that the same is a full and complete list of all property belonging to the Estate of said minors it is ordered that the same be approved and recorded.

 

J. H. BONMAN Monday May

Guardian 20th 1878

JOHN RUSSELL a minor On this day this cause was continued by operation of the law.

 

GEO. A. WILSON Monday May

vs. 20th 1878

Est. GEO. WATTS Et al minors Now on this day came on to be heard the application of GEO. A. WILSON to be appointed guardian of the Estates of GEO., MARTHA E., LAURA, JANE, JOHN & JAMES WATTS minors. And it appearing to the court that notice required by law has been given it is ordered that said application be granted and that letters of guardianship issue to him upon his filing a good and solvent bond in the sum of fifteen Hundred dollars for each one of said minors and taking the oath required by law.

 

H. H. FINLEY Monday May

vs. 20th 1878

Est. CHARLOTTE FINLEY deceased Now on this day came…

 

Page 389

 

…on to be heard the application of H. H. FINLEY to be appointed administrator of the Estate of CHARLOTTE FINLEY deceased and it appearing to the court that notice required by law has been given and no objection being filed it is ordered that the same be granted and that letters of administration issue to him upon his filing good and solvent bond in the sum of six thousand dollars and taking the oath prescribed by law.

 

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

 

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

 

JOS. W. BAINES Monday May

admr. 20th 1878

Est. MARY S. SIMPSON Now on this day came on to be heard the final report and Exhibit of JOSEPH W. BAINES administrator de bonis non of the Estate of MARY S. SIMPSON dec. and it appearing to the court that notice by publication in the McKinney Inquirer a newspaper printed in Collin County had been givlee (given?) in (?) accordance with an order of this court the day 6th (?) of April A. D. 1878 to all persons interested and after hearing the Evidence in support of said Exhibit, it is considered by the Court that the same be in all things approved and confirmed and it is ordered by the court that said admr. be allowed the sum of Fifty Dollars out of the fund remaining in his hands for the…

 

Page 390

 

Note: Written in margin: 5th tract being a part of the PETER WETSEL survey in Collin County Beginning at the NW cor. of the PETER WETSEL survey Thence East 39 (blurred) chains Thence south 6 (blurred) Thence west 39 (blurred) chains Thence North 6.32 ½ chains to the place of beginning containing 25 acres of land.

 

…expenses incurred in the preservation safe keeping & management of said Estate. And it further appearing to the Court that the following described Real Estate has not been disposed of by said admr. to wit: 1st tract a part of the C. BOALES survey Beginning at sw cor. of 100 acres bought by LEWIS WETSEL Thence 14 & 90/100 chs. the se cor. thereof Thence North 10 & 7/100 chs. post Thence west 14 & 90/100 chs. post Thence south 10 67/100 chs beginning containing 16 acres. 2nd tract the west half of 320 acres of land surveyed in the name of LEWIS WETSEL Beginning at sw cor. thereof Thence north 40 chs. Thence east 40 chs. Thence south 40 chs. Thence West 40 chs. to beginning containing 160 acres.

3rd tract, situated in C. BOALES survey Beginning at S E corner of said BOALES league sur. Thence north 20 chs. J. W. KERLEY’S se cor. Thence West 40 chs. post thence south 20 chs. post in sd. BOWL (?) by S line Thence East 40 chs. to the beginning containing 80 acres.

4th tract containing ten acres of land situated in A Plano survey and heretofore convey to GEO. W. SIMPSON by F. W. FERGUSON and reference is made to the deed of conveyance for a more particular description. It is ordered by the Court that the same be partitioned among the heirs of said estate as follows to wit: to GEO. W. SIMPSON on half of the whole and the residue be equally divided between Wm. C., JAMES O., N. BELLE and GEO W. SIMPSON, JR and MARY A. FOREMAN, said heirs being present & represented in court and it appearing to the court that said MARY A. SIMPSON having…

 

Page 391

 

…heretofore received from said SIMPSON Estate as an advancement the sum of on Hundred and fifty Dollars it is ordered that she be charged with said amount in said division and it is further ordered by the court that R. H. PARKER, J. W. FRANKLIN & JAMES WETSEL, W. P. MARSHALL be and hereby appointed commissioners to make partition in accordance with the foregoing decree and they are directed to make report at the present term of this court

 

H. H. FINLEY Tuesday May

admr. 21st 1878

Est. CHARLOTTE FINLY Now on this day comes H. H. FINLY and files his bond as administrator of the Estate of CHARLOTTE FINLEY deceased and it appearing to the court that the same is a good and solvent bond it is ordered by the Court that the same be approved and recorded.

 

 

H. H. FINLEY Tuesday May

admr. 21st 1878

Est. CHARLOTTE FINLY Ordered by the court that W. P. MARSHALL, J. W. FRANKLIN & JOHN HEDGECOXE be appoint appraisers of the Estate of CHARLOTTE FINLY dec’d.

 

 

JOS. W. BAINES Tuesday May 21st

admrs. 1878

Est. Wm. REESER dec’d. Now on this day comes JOS. W. BAINES administrator of the Estate of Wm. REESER deceased and files his bond as such, and it appearing to the court that the same is a good and solvent…

 

Page 392

 

…bond it is ordered that the same be approved and recorded.

 

JOS. W. BAINES Tuesday May

admrs. 21st 1878

Est. Wm. REESER dec’d. Ordered by the Court that C. V. QUISENBERRY, JOHN CROZIER and T. J. FERGUSON be appointed appraisers of the Estate of Wm. REESER deceased.

 

H. H. FINLEY Tuesday May 21st

admr. 1878

Est. CHARLOTTE FINLEY deceased Now on this day comes H. H. FINLEY administrator of the Estate of CHARLOTTE FINLEY deceased and files an inventory of all property belonging to said Estate and it appearing to the court that the same contains a full & complete list of all property belonging to said Estate, it is ordered that the same be approved and recorded.

 

G. A. WILSON Tuesday May

admr. 21st 1878

Est. GEO. WATTS Now on this day comes G. A. WILSON administrator of the Estate of GEO. WATTS dec. and files an additional inventory of property that has come into his hands belonging to said Estate and it appearing to the court that the same is correct it is ordered approved and recorded.

 

 

JOS. W. BAINES Tuesday May 21st

admr. 1878

Est. M. S. SIMPSON Now on this day…

 

Page 393

 

…came on to be heard the following report:

The State of Texas County Court

County of Collin MayTerm A. D. 1878

To the Hon. County Court of said County:

The undersigned commissioners appointed at the present term of the county count of said Collin County to partition the real Estate belonging to the Estate of MARY S. SIMPSON dec. among the heirs of said Estate respectfully represents that it is our opinion that said Estate is not capable of a fair and Equal division among the distributes and herewith present int. appraisement of the same as follows to wit:

 

160 acres of land in LEWIS WETSEL sur…...value $3,000.00

25 acres of land in PETER WETSEL sur…….value $ 385.00

96 acres of land in A. PIGRA sur……………...value $ 90.00

Wherefore they pray that they be discharged from further action in the premises.

Commissioners:

R. H. PARKER

J. W. FRANKLIN

JAMES WETSEL

W. P. MARSHALL

Sworn to before me May 21st 1878.

J. M. Benge Clerk

Co. Court Collin Co., Texas.

And it appearing to the Court that the same is made according to law it is therefore considered by the court that the same be approved and the said commissioners discharged and make of the distributees of said Estate applying for said lands (unreadable) approved (unreadable) it is further ordered adjudged and decreed that JOSEPH W. BAINES admr. DBN [de bonis non] of said M. S. SIMPSON Est. sell the said land described in the foregoing report and decree at…

 

Page 394

 

…public sale for cash and report the same to the next term of the court.

 

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

 

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

 

Now on this day comes the Sheriff of Collin County and returns into Court the Jury list selected by the Jury commissioners to serve the 1st week of this court all of which failed to appear and were excused except AL CUMMINS, J. H. LOVEJOY, Wm. H. HOLLIDAY, M. L. RAINEY, A. J. ROBERTS, C. T. MASSIN, Wm. MILLICAN, all of whom were duly impaneled and sworn to serve as Jurors during the 1st week of this Court.

 

JAS. D. COLEMAN Monday May 20th

vs. 1878

Est. Wm. C. JACKSON The final account of JAMES D. COLEMAN administrator of the Estate of Wm. C. JACKSON dec’d. coming on to be heard and it appearing to the court that due notice of the filing of said account had been given and it appearing to the court that JOHN A. JACKSON a full brother & F. M. JACKSON, JOSEPH JACKSON, MATILDA JACKSON, LUCY JACKSON, EMMA JACKSON, REBECCA JACKSON AND MOLLIE JACKSON are brothers & sister of the half blood & are the only heirs at law of Wm. C. JACKSON and it appearing to the court that said JOHN A JACKSON and F. M. JACKSON are represented in court it is ordered by the court that the Estate of Wm. C. JACKSON dec. consisting of money be partitioned and…

 

Page 395

 

…distributed among all of said heirs as follows to wit: to said JOHN A. JACKSON two ninths there of, to said F. M. JACKSON, JOSEPH JACKSON, MATILDA JACKSON, LUCY JACKSON, EMMA JACKSON, REBECCA JACKSON and MOLLIE JACKSON each one ninth thereof and that said administrator pay over to same to said heirs or who ever may by law fully authorized to receive the proportionate share of each that said final account be approved in all things and that upon said administrator filing in this court vouchers showing that he has paid over said money in accordance with that order he shall be fully discharged as administrator from further administration upon said Estate.

 

Estate of O. E. & D. M. BUSH Monday May

Deceased 20th 1878

The administrator of said Estate having failed to make a sale of the undistributed residue of said Estate as heretofore ordered by this court it is ordered and adjudged by this court that Wm. R. BUSH the administrator of said Estate do sell said land for cash on Tuesday the 2nd day of June A. D. 1878, at public outcry in accordance with law said land being described as follows to wit: situated in Collin County about 8 miles west of the City of McKinney on the waters of Rowlett’s Creek being a portion of 320 acres of land patented to DAVID L. MELTON asse [assignee] of THOMAS PHILLIPS and being apportion of 94 acres of land out of said 320 acres conveyed March 20th 1862 by…

 

Page 396

 

…said MELTON & 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 lks. 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 and that said administrator report said sale to this court at it next term.

 

J. T. KENDRICK

Surviving Partner Wednesday May 22nd

KENDRICK & ASTON 1878

1950 vs. This day came the Plaintiff by their attorney

D. C. FORMAN and the said defendants failed to appear and answer in this behalf but wholly made default wherefore the said JOHN T. KENDRICK surviving partner of KENDRICK and ASTON ought to recover against the said D. C. FORMAN his damages by occasion of the premises and it appearing to the court that the cause of action is liquidated and proved by an instrument of writing, it is ordered that the clerk do assess the damages sustained by said plaintiff and the said clerk now here having assessed the damages aforesaid at the sum of Twelve Hundred and thirteen & 20/100 Dollars it is therefore ordered by the court that the said plaintiff J. T. KENDRICK as surviving partner of KENDRICK and ASTON do have and recover of the said defendant D. C. FOREMAN the sum of twelve Hundred & thirteen & 20/100 Dollars with interest thereon at the rate of 2 % per month Together with their costs in this behalf expended and that they…

 

Page 397

 

…have their execution and that execution issue in favor of the officers of the court against each party respectively for the cost by them incurred.

 

 

KENDRICK ASTON & HONAKER Wednesday

1948 vs. May 22nd

D. C. FORMAN 1878

This day came the plaintiffs by their attorney and the said defendant having wholly failed to appear and answer in this behalf but wholly made default wherefore the said J. T. KENDRICK, E. E. ASTON and W. A. HONAKER composing the firm of KENDRICK ASTON & HONAKER ought to recover against the said D. C. FORMAN 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 Eight Hundred & thirty seven & 89/100 Dollars, $83.78 by way of attorney’s fees, it is therefore considered by the court that the said plaintiffs, J. T. KENDRICK, E. E. ASTON and W. A. HONAKER do have and recover of the said Defendant D. C. FORMAN the sum of Eight Hundred & thirty seven & 89/100 Dollars with interest due thereon at the rate of 12 % per annum & the sum of $83.78 with interest at the rate of 8% by way of attys. fees, Together with their costs in this behalf Expended and that they have their Execution and that Execution issue in favor of the officers of the court against each party respectively for the cost of them incurred.

 

Page 398

 

KENDRICK ASTON & HONAKER Wednesday

1949 vs. May 22nd

D. C. FORMAN 1878

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 J. T. KENDRICK, E. E. ASTON and W. A. HONAKER composing the firm of KENDRICK ASTON and HONAKER ought to recover against the said D. C. FORMAN 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 ass[ess] the damages sustained by said plaintiffs and the said clerk now here having assessed the damaged aforesaid at the sum of Four Hundred and five & 09/100 Dollars principal and interest and the sum of Forty & 50/100 Dollars attorneys fee It is therefore considered by the court that the said plaintiffs J. T. KENDRICK, E. E. ASTON and W. A. HONAKER do have and recover of the said defendant D. C. FORMAN the sum of Four Hundred and 09/100 Dollars with interest thereon at a rate of 1 % per cent per month and the sum of Forty & 50/100 Dollars as attorneys fee with interest at the rate of 8% per annum Together with their cost in this behalf expended and that they have their Execution and that Execution issue in favor of the officers of the court against Each party respectively for the cost by them incurred.

 

Page 399

 

JNO. T. KENDRICK Wednesday May

Surviving Partner 22nd 1878

KENDRICK & ASTON This day came the plaintiffs by their attorney and said

1946 (?) vs. defendant having failed to appear but wholly made

JOSE LYNN default wherefore the said JOHN T. KENDRICK surviving partner of KENDRICK & ASTON ought to recover against the said JOSE LYNN their damages by the premise 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 damages sustained by said plaintiff and the said clerk now here having assessed the damages aforesaid at the sum of six Hundred and forty-six Dollars. It is therefore considered by the court that the said plaintiff do have and recover of the said defendant the sum of six Hundred and forty-six Dollars with interest thereon at the rate of 2 ½ per cent per (unreadable) Together with their cost in this behalf expended and that they have their execution and that Execution issue in favor of the officers of court against each party respectively for the cost by them incurred.

 

THOS. (?) C. KNOVERTON (?) & BROWNS (?) Wednesday

vs. May 22nd

PETER HANNAH 1878

Now on this day this cause was continued for service.

 

 

Page 400

 

HENRY & ANDREWS Wednesday

vs. 22nd 1878

N. T. WHITE Now on this day comes the plaintiff by their attorney and says he will no further prosecute the cause. [I]t is therefore ordered by the court that this cause be dismissed and plaintiff have leave to withdraw on leaving copy thereof, and that defendant have and recover of the plaintiff HENRY and ANDREWS all cost in this cause incurred and that he have his execution and that Execution issue against each party respectfully for the cost by them incurred in favor of the officers of the court.

 

JOHN OLIVER Wednesday May

vs. 22nd 1878

E. L. MORRIS Now on this day Plff. has leave to amend.

 

 

C. R. HARRIS Wednesday May

vs. 22nd 1878

R. C. BLACK Now on this day comes the plaintiff and says he will no longer prosecute this suit, it is therefore ordered by the court that this cause be dismissed and that the defendant go hence without day and that he have and recover of and from the plaintiff all cost incurred in this cause.

 

GEO. A. WILSON Wednesday May

admr. 22nd 1878

Est. L. T. & E. B. MORRIS Now on this day admr. has leave to amend his report of sale.

 

Page 401

 

GEO. A. WILSON Wednesday May

admr. 22nd 1878

Est. L. T. & E. B. MORRIS deceased Now on this day comes G. A. WILSON administrator of the Estate of L. T. & E. B. MORRIS deceased and files are amended report of sale of personal property belonging to said Estate and it appearing to the court that said sale was made according to law and that said report is in all things correct it is ordered that the same be approved and an formed (?) and ordered to be recorded.

 

J. C. SNIDER Wednesday May 22nd

Admr. 1878

Est J. C. McDONALD deceased Now on this [day] came on to be heard report of J. C. SNIDER administrator of the Estate of J. C. McDONALD deceased of the sale of the followed described tract of land belonging to said Estate to THOMAS B. WILSON for the sum of ninety dollars cash in hand, to wit situated in Collin County Texas on the waters of the East Fork of the Trinity River about 4 miles north East from the town of McKinney being apart of a survey made in the name of H. T. CHENOWETH and 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 inches in diameter mkd. X bears South 10° E 73 lks. Thence East 6 30/ chains a stake from which a Spanish oak 8 in. in diameter mkd. X brs. South 73° West 17 links Thence South 30 27/100 chains a stake on the E line of a 26 on a tract owned by J. C. SNIDER from which…

 

Page 402

 

…a forked bois d’arc 10 inches diameter mkd. X brs. North 63° E 47 links Thence North 26° West 14 44/100 chains to the NE corner of said 26 acre tract, a corner on an ash 10 inches in diameter mkd. X Thence North 17 27/100 chains to the beginning containing fifteen acres of land. And it appearing to the court that said sale was made in compliance with an order of this court and that it was fairly made & that it sold for an reasonable price, it therefore ordered & decreed by the court that said sale be in all things approved and confirmed and that said administrator ordered to make deed &c upon the payment of the purchase money.

 

E. E. DUNCAN Wednesday May

Guardian 22nd 1878

J. B. & W. S. BARNETT minors Now on this day comes E. E. DUNCAN guardian of the Estate of J. B. & W. S. BARNETT minors and files an inventory of the property belonging the Estate of said minors and it appearing to the court that the same is in all things correct it is ordered that the same be approved and recorded.

 

W. T. FORMAN Wednesday May

vs. 22nd 1878

JOS. W. BAINES Gdn. Now on this day comes MARY A. FORMAN formerly

Est. MARY A. SIMPSON a minor M. A. SIMPSON joined by her husband W. T. FORMAN and files their petition against JOS. W. BAINES guardian of said…

 

Page 403

 

…Estate for a final settlement. And JOS. W. BAINES (unreadable) on here having made his (?) report. And it appearing to the court that the same is in all things correct & that the notice required by law has been given it is ordered that the same be approved and guardian discharged from his trusts upon filing proper vouchers showing all the estate in his hands disposed of.

 

MARY A. BONMAN Monday May

vs. 20th 1878

Est. GEO. E. BONMAN Ordered by the court that M. Y. ABERNATHY be appointed guardian ad liteum to represent the minor heirs of said GEO. E. BONMAN decd. viz JULIA P. BONMAN, ALFRED, ANNIE E., ADA E., and TURNER L. BONMAN.

 

 

MARY A. BONMAN Monday May

vs. 20th 1878

Est. GEO. E. BONMAN dec. Now on this day came on to be heard the application of MRS. MARY ANN BONMAN to probate the nuncupative will of GEO. E. BONMAN de’cd. And it appearing to the court that all the parties who would have been entitled by inheritance to share in the property of said decedent had no will been made had been duly served with notice of said application and it further appearing to the court from the evidence of J. A. MILLER, E. L. WOODALL, and M. D. L. BARNETT a statement of whose testimony is filed with the papers of this cause the same having been returned (reduced?) to un____ & survey to in open court that the decedent GEO. E. BONMAN on the 14th day…

 

Page 404

 

…of March 1878 in the time of this last sickness at his habitation in Collin County, Texas did make his last will in the manner & form of a nuncupative will divinising (sic) and bequeathing his real and personal property as follows to wit: “”That it was his will that his wife MARY ANN BONMAN should have everything he had and it further appearing that the said GEORGE E. BONMAN after making said will died on the said 14th day of March 1878 and that at the time of death he reside in Collin County Texas, it is ordered and decreed by the court that said will be established as the last will of the said GEORGE E. BONMAN deceased in so far as the same relates to the personal property owned by the said deceased GEO. E. BONMAN and that MRS. MARY ANN BONMAN have full and complete title & control of the personal property owned by the said GEO. E. BONMAN deceased that a copy of this decree and the written testimony or statement of the witnesses J. A. MILLER, E. L. WOODALL and M. D. L. BARNETT accompany this decree and filed in the papers of this cause be recorded it is further ordered by the court that a fee of ten Dollars be taxed as costs for M. G. ABERNATHY who was heretofore appointed by the court guardian ad litem to represent the following minor children of said GEO. E. BONMAN dec’d to wit: JUILIA P., ALFRED, ANNIE E. and JAMES L. BONMAN. It is also ordered & decreed by the court that MRS. MARY ANN BONMAN pay all the costs of these proceedings.

 

Page 405

 

MARY A. BONMAN Monday May

vs. 20th 1878

Est. GEO. E. BONMAN dec. Now on this day came on to be heard the Exceptions of M. G. ABERNATHY guardian ad litem of the minor heirs of GEO. E. BONMAN dec. to the application of MRS. MARY ANN BONMAN to have probated the nuncupative will of said GEO E. BONMAN deceased and the said application and the Exceptions thereto being fully understood by the court it is ordered adjudged and decreed by the court that said Exceptions be sustained in so far as they except to real property mentioned in said application as being conveyed by nuncupative will of MRS. MARY ANN BONMAN by said GEO. E. BONMAN decd. and it is further ordered & decreed by the court that said Exceptions be overruled in so far as they except to the words set out in said application being insufficient to convey the property therein mentioned but sustained as to the Real Estate.

 

 

GEO. A. WILSON Tuesday May 21st

admrs. 1878

Est. GEO. WATTS decd. Now on this day came on to be heard annual and amended annual reports or exhibits of GEO. A. WILSON administrator of the Estate of GEO. WATTS dec’d. and it appearing to the court that the notice required by law by law had been given of the filing of the said Exhibit and the same having been carefully examined and fully understood by the court it is ordered adjudged…

 

Page 406

 

…and decreed by the court that said Exhibits (?) & the vouchers accompanying it be received and in all things confirmed and it appearing also to the court that said administrators has in his hands a large sum of money to wit, the sum of $4378.15 that is lying idle in said administrator’s hands that all or nearly all the debts against said Estate are now paid and that said administrator will (?) yet collect enough funds to meet all the demands that may come against said Estate it is ordered and decreed that the said administrator be & e is hereby authorized to distribute among the heirs of the said GEO. WATTS dec’d. the sum of $4590.00 in the manner and the parties hereinafter mentioned this amount to include the sum of $389.99 already paid by said WILSON administrator to MRS. RACHEAL WATTS and the sum of $200.00 already paid by said administrator to MRS. ELLEN BRADSHAW wife of JAMES BRADSHAW. It also appearing to the court that the following parties are the only heirs at law of GEO. WATTS dec’d. to wit: MRS. RACHEAL WATTS his surviving wife, ELLEN BRADSHAW, wife of JAMES BRADSHAW, GEORGE, LAURA, MARTHA E., JANE, JOHN and JAMES WATTS, children of the said GEORGE WATTS deceased and the said MRS. RACHEAL WATTS. It is ordered and decreed by the court that in accordance with the said decree the said administrator be & he is hereby authorized to pay over to MRS. RACHEAL WATTS one half of the said sum of $4590.00 less the sum of $389.00 already paid said…

 

Page 407

 

RACHEL WATTS, that he pay to MRS. ELLEN BRADSHAW one seventh of the remaining half of said sum of $4590.00 less the sum of two Hundred Dollars heretofore allowed her by said WILSON and to the duly appointed guardian of the Estates of each one of the remaining children one seventh of one half of said sum of four thousand five Hundred and ninety Dollars. It is further ordered and decreed by the court that the original & amended reports of the said administrator be recorded.

 

W. L. RIFFE Wednesday

vs. May 22nd 1878

R. J. MOSS guardian Now on this day came on to be heard the motion of

Minor Heirs of JNO. DAMRON Decd. W. L. RIFFE to remove R. J. MOSS from the guardianship of the Estates of the following minors to wit: D. M., M. Y. (?), C. M. DAMRON, M. G. (S.?), L. G.(?) and J. M. & M. J. DAMRON minor heirs of J. M. & M. J. DAMRON dec’d. and it appearing to the court that on or about the 18th day of March 1878 there was an order entered by this court requiring the said R. J. MOSS guardian of the above named minors to file a new bond as such guardian and that the said MOSS had not filed said bonds in the space of ten days from the time when said order was made and that he had not up to the present time filed said bonds, it is therefore ordered & decreed by the court that the said R. J. MOSS be & he is hereby…

 

Page 408

 

…removed from the guardianship of the Estate of said minors herein named that he surrender up his letters of guardianship and that he deliver all the Estate belonging to said minors to W. L. RIFE upon the said RIFFE giving the bonds & taking the oaths as herein after set forth. And it further appearing to the court that the said W. L. RIFFE had in said motion asked that he the said RIFFE be appointed guardian of the Estate of said minors and that he the said RIFFE is a proper and suitable person for such a position, It is therefore ordered and decreed by the court that the said W. L. RIFFE be and he is hereby appointed guardian of the Estates of the minors as herein before mentioned. It is further ordered and decreed by the court that upon the said W. L. RIFFE filing bonds in the sum of two hundred dollars to each minor and taking the oaths required by law and that letters of guardianship issue to him as guardian of the Estates of said minors.

 

Note: Per 1860 and 1870 Collin County Census records the children were: John Wesley, Joseph C. “Jasper”, Mary S. Charles C., Louisa, Moses, and William Damron.

 

WILLIAM CAMERON Wednesday

vs. May 22nd 1878

T. P. T. McLEAN This day came the parties by their attorneys and this cause having come on for trial there upon the defendant tendered unto the plaintiff the sum of Eighteen & 69/100 Dollars good and lawful currency and the plaintiffs having claimed the sum of fifty six & 44/100 Dollars and interest on the same at the rate of Eight per cent from the first day of January 1878 the premises considered it is…

 

Page 409

 

…ordered adjudged and decreed by the court that the said sum of Eighteen & 69/100 Dollars be paid into cash in behalf of plaintiff which was accordingly done and the plaintiff having claimed the further & additional sum of thirty seven & 75/100 Dollars, together with interest on the sum of Fifty six & 44/100 dollars at eight per cent since the first of January 1878 and both parties having demanded ready for trial and the defendants having demanded a Jury thereupon came a Jury of good and lawful men viz. CHARLES MASSIE and five others who being duly impaneled and sworn according to law well and truly to try the issue joined (?) between the parties after the evidence adduced by the parties and argument by counsel and instructions by the court retired to consider their verdict and after mature deliberations returned into court the following verdict, “We the Jury find for the plaintiff Thirty-nine & 76/100 Dollars.”

CHARLES MASSIE Foremam

It is therefore considered by the court that the said plaintiff do have and recover of the said defendant the sum of Thirty nine & 76/100 Dollars in addition to the sum of Eighteen & 69/100 Dollars already paid into Court for said plaintiff by said defendant with interest on said sum of Thirty nine & 76/100 Dollars at the rate of Eight per cent per annum from the 22nd day of May 1878. It is further ordered that the plaintiff have & recover of the defendant all his cost in this cause expended and that he have…

 

Written in margin: Recd. plaintiff’s money in full May 28th 1878. J. M. Peason (?), atty. for Cameron.

 

Page 410

 

…his execution and that execution issue against each party respectively for the cost incurred by them.

 

Ordered by the court that W. H. HOLIDAY and A. J. ROBERTS be excused as Jurors and that F. M. HUNN, JAMES FINLY, G. N. HORN, J. S. LANSDALE, JAMES WOODS and ROBT. SEAY be impaneled as Jurors to serve during the first week of this court.

 

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

 

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

 

Written in margin: Received of Wm. Wanlen (?) Sheriff of Collin County—Fifty-Five &32/100 Dollars payment in full of this Judgment. C. White atty. (unreadable)

 

T. E. McKINNEY Thursday May 23rd

vs. 1878

JESSE SHAIN Now on this day this cause came on for trial and the parties by their attorneys appeared and announced themselves ready, and a Jury being demanded then came a Jury os six good and lawful men to wit J. H. WOOD 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 a verdict for plaintiff and assess damages at $50 Dollars with interest from date of suit @ 8%.

J. H. WOOD Foreman

 

It is therefore ordered and decreed by the court that the plaintiff F. E. McKINNEY do have and recover of and from the defendant JESSE SHAIN the sum of Fifty Dollars with interest from the 22nd day…

 

Page 411

 

…of November 1878 at the rate of 8 % per annum Together with all cost incurred in this cause and that she have her execution and the execution issue in favor of the officers of the court against each part respectively for the cost by them in this behalf incurred.

 

JOHN OLIVER (C) Thursday May

vs. 23rd 1878

E. L. MORRIS Now on this day this cause was continued by the defendant.

 

Ordered by the court that G. N. HORN, J. S. LANSDALE, JAMES WOODS and ROBT. SEAY be discharged as Jurors.

 

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

 

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

 

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

 

Tuesday morning May 28th 1878 court met pursuant to adjournment.

 

 

J. M. TUCKER Tuesday May 28th 1878

admr. Now on this day came on to be heard the report

Est. H. H. TUCKER deceased of THOMAS. B. WILSON, F. M. HUNN and JAS. R. HORN who were appointed commissioners at the last term of this court to divide and partition among the heirs of H. H. TUCKER dec’d the lands belonging to the Estate of said decedent and the court after Examing [Examining?] the report ordered and decreed that the…

 

Page 412

 

…same be received and approved and the commissioners discharged. And the said commissioners having appraised said (unreadable) & having reported that the lands described in said writ of partition were not susceptible of partition among the heirs of said H. H. TUCKER dec’d without (unreadable) the value thereof & none of said heirs applying (unreadable) it is therefore considered ordered adjudged and decreed by the court that J. M. TUCKER the administrator of said decedent sell the lands described in the order of this court entered at its term ordering the said commissioners to divide the same and said lands being also fully described in the writ directed to said commissioners that the administrator sell the same at private sale for cash in hand and that he make his report of his action herein at the next term of this court.

 

D. B. WILEY Monday May 20th 1878

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

Est. JOEL TODD dec’d. report of D. B. WYLEY (sic) as administrator of the Estate of JOEL TODD deceased and it appearing to the court that notice of the same has been given as the law requires, and it further appearing to the court that said report is in all things correct it is ordered that the same be approved and recorded and that said administrator be discharged upon his filing proper vouchers showing all the Estate in his hands disposed of according to law.

Est. of J. M. STOGSDILL Tuesday May

Deceased 21st 1878

Now on this day came on to be heard…

 

Page 413

 

…the final report of MRS. M. E. STOGSDILL admrx. of the Estate of J. M. STOGSDILL deceased of the condition of said Estate and the matters and things therein contained being heard & fully understood, It is ordered adjudged & decreed by the court that the same be in all things approved and said administrator be discharged upon filing of vouchers showing the said Estate has been fully administrated & disposed of and thereupon came the admrx. & filed vouchers showing that said Estate is fully administered. It is therefore ordered that said administration be closed & the said admrx. discharged from her trust.

 

J. T. KENDRICK Tuesday May 21st

surviving Partner 1878

Kendrick & Aston This day came the plaintiffs by their said attorneys

1951 vs. and the said defendants failed to appear and answer

D. C. FORMAN in this behalf but wholly made default wherefore the said J. T. KENDRICK surviving partner of KENRICK and ASTON ought to recover against the said D. C. FORMAN 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 Six Hundred & ninety one & 03/100 Dollars principal and interest and sixty nine & 10/100 Dollars attorneys fees. It is therefore considered by…

 

Page 414

 

…the court that the said plaintiffs J. T. KENDRICK as surviving partner of KENDRICK and ASTON do have and recover from the defendant D. C. FORMAN the sum of Six Hundred and ninety one & 03/100 Dollars debt with interest at the rate of 1 % per month and the sum of sixty nine & 10/100 Dollars attorneys fees. Together with all cost accrued in this cause 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.

 

 

Estate of JAMES STEWART Tuesday May

Deceased May 28th 1878

Now on this day came on to be heard the report of GEO. W. COFFMAN, G. R. COOPER and THOS. B. WILSON who were appointed at the last term of this court to partition and divide the property belonging to the Estate of said JAMES STEWART dec’d and said report being fully understood by the court, It is ordered and decreed by the court that the report be received and approved and the said commissioners discharged. And it appearing to the court that said Commissions COFFMAN, COOPER & WILSON had reported that the property mentioned and described in the writ of partition directed to said commissioners and issued out of this court could not be partitioned and distributed in accordance with the commands of said writ without disequiting (?) the value thereof & none of the distributees applying for (unreadable) property at its appraised value it is therefore ordered and decreed by the court that the administrator of said decedent JOSEPH M. STEWART be and he…

 

Page 415

 

…is hereby authorized & impowered (empowered) to sell the land and personal property mentioned in said writ of partition except the horse or mare therein mentioned this item being included in said writ through a mistake the same being the property of MRS. EDITH WHITE and said administrator is hereby ordered to turn over to MRS. WHITE the said animal (?) for cash in hand at private sale and that the said administrator JOSEPH M. STEWART make a report of his action herein at the next term of this court.

 

REX (?) SIAVRE (?) Tuesday May 28th

vs. 1878

T. & T. C. RWY. CO. Now on this day this cause was dismissed.

 

ISAAC CRUNCH Tuesday May 28th

vs. 1878

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

 

HATLER & OSBOONE (OSBORNE?) Friday May 24th

vs. 1878

HUNTER & LEE Now on this day comes the defendants by their atty. and files their exceptions to plffs. original petition filed (unreadable) 1873 and amended petition filed March 18th 1874, which Exceptions are sustained by the Court.

 

HATLER & OSBOONE (SIC) Friday May 24th

vs. 1878

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

 

 

Page 416

 

Heirs of ISAAC STIMSON Tuesday May

vs. 28th 1878

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

Est. ISAAC STIMSON.

 

 

JOHN HAVILL Friday May 24th 1878

Guardian Now on this day comes JOHN HAVILL and files his

JOHN F. HAVILL a minor bond as guardian of the Estate of JOHN F. HAVILL a minor and it appearing to the court to be a good and solvent bond it is ordered that the same be approved and recorded.

 

ROSS WETSEL Tuesday May 28th 1878

vs. Now on this day this cause was continued.

Wm. WETSEL a minor

 

A.S. GRAVES Tuesday May 28th 1878

Guardian Now on this day comes A. S. GRAVES guardian of

L. M. TUCKER a minor the Estate of the Estate of L. M. TUCKER a minor and (unreadable) leave of the Court to correct the inventory filed in the papers of this cause. Ordered that the same be granted and guardian be allowed to file amended inventory containing 1/16 instead of 1/8 of Est. of H. H. TUCKER dec’d.

 

JOHN OLIVER Wednesday May 22nd

vs. 1878

E. L. MORRIS Now on this day comes the defendant by attorney and moves the court to dismiss the appeal in this cause & the matters and things set forth in said motion being heard and fully understood by the Court it is ordered that…

 

Page 417

 

…the same be overruled

 

F. E. McKINNEY Tuesday May 28th

vs. 1878

JESSE SHAIN Now on this day comes the defendant by atty. and moves the court for a new trial in this cause and the matters and things being fully understood by the court it is ordered that the same be overruled to which ruling defts. excepts and gives notice of an appeal to the court of appeals.

 

ALEXANDER & SOMMERVILLE Friday May

vs. 24th 1878

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

 

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

 

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

 

W. F. FOWLER Saturday June 1st 1878

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

Est. OWEN HOWELL decd. of W. F. FOWLER to be appointed administrator of the Estate of OWEN HOWELL deceased there cause on to be heard the protest of G. A. WILSON against said appointment and the said FOLWER by his attorney having waived his right, And it appearing to the court that notice required by law has been given, It is ordered that said G. A. WILSON be appointed administrator of said Estate and that letters of administration issue to him upon…

 

Page 418

 

…his filing a good and solven bond in the sum of two thousand dollars and taking the oath prescribed by law.

 

G. A. WILSON Saturday June 1st 1878

admr. Ordered by the court that W. C. ROBINSON,

OWEN HOWELL, Deceased WALTER YEARY and A. H. NEATHERY be appointed appraisers of the Estate of OWEN HOWELL deceased.

 

NEATHEY & BELL Tuesday May 28th

vs. 1878

JAMES & JULIA CLENDENING Now on this day came the parties by their attorneys and announced themselves ready for trial and a Jury being waived and the matters and things in controversy submitted to the court who after hearing the evidence adduced and argument of counsel gave Judgment for the plaintiffs. It is therefore ordered by the court that Plffs. NEATHERY & BELL have and recover of and from the defendants JAMES and JULIA C. CLENDENING & J. P. HURSER Garnishee the sum of thirty six & 50/100 Dollars and that they have their Execution and that Execution issue in favor of the officers of the court against Each party respectively for cost by them incurred.

 

Clerk’s Report

 

Now on this day comes J. M. BENGE Clerk County Court and makes the following report of the amount collected and disbursed by him since his last report and the names of Jurors who have served at the present term of this Court…

 

Page 419

 

…and the number of days served and the amount due each.

 

Names of Jurors

No. of days serves

Amt.

A.G. CUMMINGS

3

$6.00

J. H. LOVEJOY

3

6.00

M. L. RANEY

3

6.00

C. T. MASSIE

3

6.00

Wm. MILLICAN

3

6.00

F. M. HUNN

2

4.00

JAMES FINLY

2

4.00

G. N. HORN

1

2.00

J. S. LANSDALE

1

2.00

JAMES WOODS

1

2.00

ROBT. SEAY

1

2.00

W. H. HOLLIDAY

1

2.00

A.J. ROBERTS

1

2.00

 

I have collected since my last report $3.06 Jury fee in case of OSBORNE & HALTER vs. HUNTER & LEE that I have paid out no money since my last report. And that I have issued drafts on the County treasurer to each of the above named Jurors for the amount set opposite their names. All of which is Respcy. submitted.

J. M. BENGE


And it appearing to the Court that the above report is in all thing correct it is ordered that the same be approved.

 

Ordered that court adjourn until court in course.

Read & approved.

T. C. Goodner

Co. Judge

 

 

Page 420

 

Be it remembered that the following proceeding were had by the County Judge in vacation to wit:

 

 

JOSEPH W. BAINES Monday June 3rd 1878

admr. Now on this day comes JOSEPH W. BAINES

Est. Wm. REECER decd. administrator of the Estate of Wm. REECER deceased and files an inventory of all property belonging to said Estate and it appearing to the court that the same contains a full and complete list of all property belonging to said Estate, it is ordered that the same be approved and recorded.

 

State of Texas

Collin Co.

Be it remembered that on this 15th day of June 1878 the following order was made by the county Judge in vacation.

 

Ex Parte Saturday June 15th 1878

CLARA SULLIVAN Information having been given me T. C. GOODNER County Judge of Collin County that CLARA HUFFMAN is a lunatic and that the welfare of herself and others require that she be placed in restraint. I therefore cause the said CLARA HUFFMAN to be brought before me and twelve good & competent Jurors to be summoned and sworn according to law and a true verdict to render who upon hearing the evidence returned the following verdict, “We the Jury find the defendant CLARA HUFFMAN not to be of sound mind and also find that she has no means of support in this state nor any person legally liable for her support in this state and recommend that she be placed under restraint.

J. E. HOWELL Foreman

It is therefore ordered by the court that the said CLARA HUFFMAN be placed under…

 

Page 421

 

…restraint until information can be had from the superintendant of the Lunatic Asylum as to whether he can take her in or not.

Read & approved. T. C. Goodner

Co. Judge

 

The State of Texas Be it remembered that there was begun and holden at the Court House in McKinney

County of Collin on Monday July 16th 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 Co. Judge, W. W. MERRITT, Shff., and J. M. BENGE, Clerk when the following proceedings were had to wit.

 

 

GEO. A. WILSON Monday July 16th 1878

Guardian Now on this day comes GEO. A. WILSON and files

Est. GEO. WATTS a minor his bond as guardian of said minor and it appearing to the court that the same is a good and solvent bond it is ordered that the same be approved and recorded.

 

 

GEO. A. WILSON Monday July 16th 1878

Guardian Now on this day comes GEO. A. WILSON and files

JANES WATTS a minor his bond as guardian of said minor and it appearing to the court that the same is a good and solvent bond [it is] ordered that the same be approved and recorded.

 

Page 422

 

GEO. A. WILSON Monday July 16th 1878

Guardian Now on this day comes GEORGE. A. WILSON and

Est. LAURA WATTS a minor files his bond as guardian of LAURA WATTS and it appearing to the court that the same is a good and solvent bond it is ordered that the same be approved and recorded.

 

 

GEO. A. WILSON Monday July 16th 1878

Guardian Now on this day comes GEORGE. A. WILSON and

Est. JAMES WATTS a minor files his bond as guardian of JAMES WATTS and it appearing to the court that the same is a good and solvent bond it is ordered that the same be approved and recorded.

 

GEO. A. WILSON

Guardian Monday July 16th

Estate MARTHA WATTS a minor 1878

Now on this day comes GEO. A. WILSON and files his bond as guardian of the Estate of MARTHA WATTS a minor and it appearing to the court that the same is a good and solvent bond it is ordered that the same be approved and recorded.

 

 

Page 423

 

 

M. E. SULLIVAN Monday July

vs. 16th 1878

Est. N. & E. SULLIVAN minors Now on this day came on to be heard the application of M. E. SULLIVAN to be appointed guardian of the Estate of N. & E. SULLIVAN minors & it appearing to the court that notice has been given according to law, it is ordered & decreed by the court that the same be granted & that letters of guardianship issue to him upon his filing bonds in the sum of $300.00 each and taking the oath prescribed by law.

 

E. H. MORROW Monday July 16th 1878

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

Est. ELLA & DELIA BURKHAND of E. H. MORROW to be appointed guardian of the Estates of ELLA & DELIA BURKHAND. And it appearing to the court that notice required by law has been given it is ordered that said prayer is granted and that letters of guardianship issue to him upon his filing a bond with good & approved security in the sum of 50$ each and take the oath required by law.

 

B. M. HAMPTON Monday July 16th 1878

Guardian Now on the day this cause was continued by

M. C. O’GUINN a minor operation of law.

 

B. W. HAMPTON Monday July 16th

Guardian 1878

Wm. O’GUINN minor Now on this day this cause was continued by operation of law.

 

Page 424

 

J. H. BINGHAM Monday July 15th 1878

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

THOS. E. GRESHAM admr.

Commuty. Est. of M. E. GRESHAM

 

Wm. McQUERNY Monday July 15th

vs. 1878

Est. SHADRICK JACKSON deceased Now on this day comes Wm. McQUERNY and presents his application for the probate of the last will and testament of SHADRICK JACKSON deceased and said will being read in open court and it appearing to the court that Wm. McQUERNY was appointed Executor of said will and BEVELOW (?) PRYOR one of the subscribing witnesses to said will coming into open court and being sworn says that SHADRICK JACKSON on the 5th day of July 1877 being at the time of sound and disposing mind and in the presence of affiant caused Wm. McQUERNY by his directions to sign the foregoing will for him in his presence and in the presence of affiant and that said decedent signed said will in the presence of himself and said Wm. McQUERNY as witnesses and that said deceased was over 21 years old and that he and the said Wm. McQUERNY were over 14 years old. 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 & the provisions therein confirmed and that said Wm. McQUERNY be appointed Executor of said Estate and that he file an inventory of said Estate & file a bond in the sum of five Hundred Dollars & take the oath required by law and that said will be recorded.

 

Wm. McQUERNY Monday July 15th 1878

Extr. Ordered by the court…

Est. SHADRICK JACKSON deceased

 

Page 425

 

GEORGE JORDAN, JOHN MELTON and Wm. HOLLIDAY be appointed to appraise the Estate of SHADRICK JACKSON deceased.

 

Ordered that court adjourn until Saturday morning 9 o’clock July 20th 1878.

 

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

 

E. E. SIMPSON Saturday July 20th 1878

Guardian Now on this day came on to be heard the application

W. S. & J. W. BARNETT minors of E. E. SIMPSON Guardian of W. S. & J. W. BARNETT for the sale of certain tract of land lying (?) and being in Collin County and described as follows to wit: an undivided on half interest on the west half of the following described tract of land one hundred acres bounded as follows. Beginning at the south west corner of a 200 acre tract of land owned by A. W. BRADSHAW said corner is a post in the WB line of the MATHEW MOWERY survey Thence South with said WB line Eleven (11) chains (84) eighty-four links to a post from which a honey locust 10 inches diameter mkd. H X brs. N 7 ½ W 10 lks. and a red haw same mkr. 8 in. dia. bears S 69 ½ E 10 lks. Thence East 91 chains and 44 lks. to a post from which a hackberry 8 in. dia. mkd. H X bears N 51 ½ W 22 lks. an Elm 8 in. dia. same mark bears S 40° E 41 lks. Thence up the W bank of Pilot Grove creek in a NW direction with the meanderings to the se corner of the aforesaid BRADSHAW survey 200 acre tract Thence west with the SB line thereof 75 chains to the place of beginning. And after having the proof touching the matters &…

 

Page 426

 

…things in said application stated and it further appearing to the court that the legal notice having been given, And the court being fully advised as to the condition & situation of said minors J. B. & W. S. BARNETT, it is ordered by the court that said application be granted. It is therefore ordered adjudged and decreed by the court that the land as above described be sold, it is further ordered that the same be sold at private sale for cash. Ordered and adjudged that said guardian make due report of her proceedings in the presence (processes?) to this court as the law directs.

 

 

E. E. SIMPSON Saturday July 20th 1878

Guardian Now on this day came on to be heard the application

W. S. & J. W. BARNETT minors of E. E. SIMPSON for permission to have her husband sign the bond given by her as the guardian of SINGLETON and JENNIE BARNETT and it appearing to the satisfaction that said E. E. SIMPSON had intermarried with (blank) SIMPSON since the granting to her of said letters of guardianship it is therefore ordered and decreed by the court that said bond be refiled and approved.

 

Now on this day comes JOE FORMAN and 28 other citizens & freeholders of Collin County and pray the court for an order for an election on the hog goat and sheep law approved August 15th 1876, 2ithin the following boundaries within said county to wit. Beginning on the South boundary line of Collin County where the H. & T. C. RWY. crosses said line Thence East with said County line to Rowlette’s creek thence up said creek to where said RR crosses the same thence South with said Rail Road to the…

 

Page 427

 

…beginning. And the matters and things set out 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 at Plano on Saturday the 31st day of August 1878, by JOE FORMAN Presiding officer. And that he make his return as required by law and that notice of the same be given by publication for four weeks successively in McKinney Enquirer.

 

WM. R. BUSH Saturday July 20th 1878

vs. This day came on to be heard the report of sale of

Est. O. E. & D. M. BUSH WM. R. BUSH administrator of the Estate of O. E. and D. M. BUSH at public out cry for the sum of two hundred and eighty dollars in cash to E. M. BUSH on Tuesday the 2nd day of July A. D. 1878 of the following described tract of land belonging to said Estate to wit situated in Collin County about 8 miles West of the City of McKinney being a part of 320 acres of land patented to DAVID L. MELTON assee [assignee] of THOS. PHILLIPS and being a portion of 94 acres of land int. of said 320 acres conveyed March 20th 1862 by said MELTON and wife to OLIVER E. BUSH. Beginning at the SE corner of said 94 acre tract on the EB line of said 320 acre tract Thence North 23 chains and 50 links to the North East corner of said 94 acre Thence West South and East to the place of beginning so as to contain 40 acres of land said E. M. BUSH being the highest and best bidder therefor and it appearing to the court that said sale was made in compliance with an order of this court and that it was fairly made and that it sold for a reasonable price, it is therefore ordered and decreed by the court that said sale be in all things approved and confirmed…

 

Page 428

 

…and that said administrator be ordered to make a deed of conveyance to said E. M. BUSH upon the payment of the purchase money and that the clerk of this court record said report of sale.

 

Ordered that court adjourn until Monday morning 90 o’clock.

 

Monday morning July 22nd 1878 Court met pursuant to adjournment.

 

Monday morning July 15th 1878—Now on this day comes the sheriff of Collin County and returns into Court the following list of Jurors who were selected by the Jury Commissioners to serve during the first week of this Court viz: WICK (MICK?) GRAVES, G. W. FORD, G. M. HENDRICK, SCOTT PHILLIPS, SAMUEL BEARD, W. P. MARSHALL, G. M. HENDRICK [sic] and D. H. LAKE all of which were duly impaneled and sworn to serve as Jurors.

 

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

 

Wednesday morning July 24/1878 Court met pursuant to adjournment.

 

Now on this day comes R. F. NEAL and 20 other freeholders citizens of Collin County and prays the Court for an election on the hog goat and sheep law approved August 15th 1876 within the following boundaries to wit: Beginning to Vance’s Crossing on East Fork and Running West by JOHN BURN’S farm including the same to the Plano and Greenville road and with said…

 

Page 429

 

…road to Muddy creek Thence North by the East bank of said creek to JOHN McKINNEY’S farm and with the lines of said farm to the Allen and High Point Road Thence East with said Road to the Grayham Bridge on East Fork Thence South by the West bank of same to the place of beginning. And the matters and things set out 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 M. L. MORRIS at Morris School House on Saturday August 31st 1878 and that he make his return as required by law and that notice of the same be give[n] by publication for four successive weeks in the McKinney Inquirer.

 

 

Heirs of ISAAC STIMSON dec. Wednesday July

vs. 24th 1878

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

of ISAAC STIMSON dec.

 

 

LIZZIE SMOOT Wednesday July 24th 1878

Guardian Now on this day comes LIZZIE SMOOT and files her

W. E. SMOOT a minor report as guardian of the Estate of W. E. SMOOT a minor and it appearing to the court that said report is in all things correct and it further appearing that notice as the law requires has been given and that the same has laid over one term of this court it is ordered and decreed by the court that the same be approved and recorded.

 

LIZZIE SMOOT Wednesday July 24th

Guardian 1878. Now on this day comes LIZZIE SMOOT...

J. B. SMOOT a minor

 

 

Page 430

 

…and files an amended report of the condition of the Estate of J. B. SMOOT a minor and it appearing to the court that the report is in all things correct and it further appearing that notice required by law has been given and that the same has laid over one term of the court it is ordered and decreed by the court that the same be approved and recorded.

 

 

ROSS WETSEL Wednesday July

vs. 15th 1878

Est. WM. WETSEL a minor Now on this day this cause was dismissed.

 

 

JOS. W. BAINES Monday July

Admr. de bonis non 15th 1878

Est. Now on this day comes JOS. W. BAINES

MARY S. SIMPSON dec. administrator de bonis non of the Estate of MARY S. SIMPSON dec’d and files his report of sale of the real property belonging to said Estate. It is ordered by the court that the same be filed and notice be entered upon the minutes of the court according to law.

 

W. R. BUSH Monday July 15th 1878

admr. Now on this day comes W. R. BUSH administrator of

Est. O. E. BUSH Dec’d. the Estate of O. E. BUSH deceased and files his report of sale of the real property belonging to said Estate. It is ordered by the court that the same be filed and notice thereof be entered upon the minutes of the Court according to law.

 

WILL N. WALLIS Et al Wednesday July

Extrs. 24th 1878

Est. P. R. WALLIS dec. Now on this day…

 

 

Page 431

 

…comes WILL N. WALLIS Executor of the Estate of PETER R. WALLIS deceased and files his report of sale of personal property belonging to said Estate and it appearing to the court that the same is correct and that said sale was made according to law, It is ordered that the same be approved and recorded.

 

 

Wm. McQUERNY Wednesday July 24th

Extr. 1878

Est. SHADRICK JACKSON deceased Now on this day comes Wm. McQUERNY and files his bond as Executor of the Estate of SHADRICK JACKSON deceased 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.

 

Written in margin: Rec. this Judgment in full Attest Sept 27, 1878 John X [his mark] Oliver

T. J. Pouells (?)

 

 

ADAM HEDGCOXE Wednesday July 24th

next friend 1878

JOHN OLIVER This day came the said Plff. by attorney and the

vs. defendant came not in person nor by attorney and the

E. K. MORRIS Plff. announced ready and demanded a trial and no Jury having been demanded the matters of fact as well as of law were submitted to the court who after hearing the evidence gave Judgment in favor of said plaintiff and against said defendant for the sum of fifty one & 55/100 Dollars and it appearing to the court that the defendant E. L. MORRISS together with his sureties C. W. BOUNDS & P. B. FRANKLIN has executed his appeal bond in their case from the Justice court of Collin County Precinct No. 4 Conditioned according to law, Therefore it is considered by the court that the said ADAM HEDGCOXE as next friend of the said JOHN OLIVER

 

Page 432

 

…do have and recover of and from the said defendant E. L. MORRISS and C. W. BOUNDS and P. B. FRANKLIN or either of them the sum of money above mentioned together with interest on the same at the rate of 8 per cent per annum until paid and all costs as herein before mentioned for which let execution issue and it is further ordered by the court that Executor issue in favor of the Officers of Court against each party respectively for the cost by him incurred herein.

 

Ordered that Court adjourn until morning 9 o’clock.

 

Thursday July 25th 1878 Court met pursuant to adjournment.

 

 

E. H. MORROW Thursday July 25th 1878

Guardian Now on this day comes E. H. MORROW and files his

DELIA & ELLA BURKHEAD minors bond as guardian of the Estate of DELIA and ELLA BURKHEAD minors and 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 and recorded.

 

H. H. FINLY Thursday July 25th 1878

vs. Now on this day this cause was continue by plaintiff.

Est. SARAH FINLY et al minors

 

Ordered that court adjourn until Saturday 9 o’clock.

 

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

 

Page 433

 

E. E. SIMPSON Thursday July 25th 1878

Guardian Now on this day comes E. E. SIMPSON guardian of J. W. & W. S. BARNETT minors J. W. & W. B. BARNETT minors and files her report of the sale of land belonging to said minors to wit: an undivided one half interest in the west half of the tract of land lying and being in Collin County to wit described in deed from THOS A. HALE & LOUISA HALE to W. D. BARNETT of date Nov. 8th 1860. Beginning at the sw corner of a 200 acre tract of land owned at A. W. BRADSHAW said corner is a post in the WB line of the MATHEW MAURY survey. Thence South with said WB line Eleven chains and 84 lks. to a post from which a honey locust 10 inches in diameter mkd. H X bears N 7 ½ W 16 lks. and a red haw same (?) make 8 in. dia. bers S 69 ½ E 10 lks. Thence East 91 chains and 44 lks. to a post from which a hackberry 8 in. dia. mkd. H X brs. N 51 ½ W 22 lks. an Elm 8 in. dia. same mark bears S 41 ½ ° E 41 lks. Thence up the w. bank of Pilot Grove creek in a NW direction with it meanders to the SE corner of the aforesaid BRADSHAW 200 acre tract Thence West with the SB line thereof 75 chains to the place of beginning and there upon evidence having been heard and it appearing to the satisfaction of the Court that said sale was fairly made and in conformity with the law and that the sale was made for a fair price and that notice required by law has been given it is therefore considered by the court that the sale be and it is hereby in all things ratified and confirmed. It is further considered by the court that upon said ISAAC DOTSON the purchaser of said land paying the purchase money of said land the said E. E. SIMPSON guardian of J. W. & W. S. BARNETT be and she…

 

Page 434

 

…is hereby authorized and I [is?] directed to make an Executed to said DOTSON a good and sufficient deed divesting all right[s] title and interest of said minors int. [interest?] of them and vesting the same in said ISAAC DOTSON.

 

 

J. H. BONMAN Wednesday July 24th 1878

Guardian Now on this day comes J. H. BONMAN and files his

J. J. RUSSELL a minor report as guardian of the Estate of J. J. RUSSELL a minor and it appearing to the court to be in all things correct and it appearing to the court that notice as required by law has been given and that the same has laid over one term of this court it is ordered that the same be approved and recorded and it is further ordered, and decreed by the court that said guardian loan any and all money on hand belonging to his said ward over and above a sufficiency to maintain and educate hire & pay Expenses of guardianship for the highest rate of interest that can be obtained therefor taking mortgages or deed of trust on unencumbered real Estate in Collin County to secure the payment thereof.

 

 

VAN ETTER & HALL Saturday July 20th 1878

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

J. W. FRANKLIN

 

 

SEMPLE & BERGE Wednesday July 24th

Manufacturing Company 1878

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

J. R. HORTON

 

 

PADDOCK HAWLEY & CO. Wednesday July 24th

vs. 1878. Now on this day this cause was continued for

J. R. HORTON service.

 

Page 435

 

 

JOHN JOHNSON Wednesday July 24th

vs. 1878

E. L. HUFFMAN Et al Now on this day comes the plaintiff and says he will no further prosecute this suit. It is therefore ordered by the court that this cause be dismissed from the docket and that plaintiff have leave to withdraw note.

 

ISAAC CROUCH Wednesday July 24th

vs. 1878

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

 

ALEXANDER & SUMMEVILLE (?) Monday July 1878

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

G. T. ARMSTRONG at plffs. costs.

 

 

HATLER & OSBOURNE Wednesday July 24th

vs. 1878. Now on this day this cause was continued by

HUNTER & LEE consent.

 

R. V. TOMPKINS & CO. Saturday July 27th

vs. 1878

J. M. STIMMETT admr. Now on this day this cause was continued by consent.

 

 

Wm. McQUERNY Saturday July 27th

Extr. 1878

Est. SHADRICK JACKSON deceased Now on this day comes Wm. McQUERNY Extr. of the estate of SHADRICK JACKSON dec. and files an inventory and appraisement of all property belonging to the Estate of said decedent and it appearing to the court that the same is in all things correct it is ordered & decreed by the court…

 

Page 436

 

…that the same be approved and recorded.

 

 

JOHN HAVILL Saturday July 27th 1878

Guardian Now on this day this cause was continued by

Est. JOHN F. HAVILL a minor operation of law.

 

Wm. McQUERNY Saturday July 27th 1878

Extr. Now on this day comes Executor and prays the court

Est. SHADRICK JACKSON dec’d for an order to sell certain personal property belonging to said Estate for the purpose of executing the provisions of the will of said testator. And it appearing to the court that said will provides for the sale of all personal property except so much as was bequeathed to LUCY JACKSON which is designated on the inventory of said Estate It is therefore ordered and decreed by the Court that said Executor proceed to sell at public outcry all the personal property belonging to said Estate except so much as was set apart & designated on said inventory to LUCY JACKSON. The cattle for cash in hand & the remainder on a credit of ten months taking notes with good personal security with interest from date at the rate of 8 % and make report of the same as required by law.

 

JOS. W. BAINES Saturday July 24th

admr. De Bonis Non 1878

Est. Now on this day comes JOS. W. BAINES admr. De

MARY S. SIMPSON dec’d. Bonis Non of the Estate of MARY S. SIMPSON deceased and makes his report of [the] sale of the following described real Estate belonging to said Estate to wit: to GEO. W. BENTLY 16 acres in the CALVIN BOLES sur. for fifty cents per acre 185 acres in a (unreadable) comprising 25 acres in PETER WETSEL survey and 160 (?) …

 

Page 437

 

…acres in the LEWIS WETSEL [survey?] sold to W. A. HONAKER for $2000.00, 80 acres in the C. BOLES sur. sold to W. A. HONAKER at 2.00 per acre, 10 acres in the A. RIARA sur. sold to G. W. SIMPSON at $4.25 per acre. And it appearing to the court that said sale was made according to law & in conformity with an order of this court & it further appearing that said land did not sell for its reasonable value it is ordered that said sale be disapproved and that said administrator be ordered to sell said land again at public or private sale. One half cash and the balance on a credit of 12 months taking note with good personal security and mortgage on land and that he make his report to this Court.

Ordered that Court adjourned in Course.

T. C. GOODNER

Co. Judge

Collin Co.

 

The State of Texas Be it remembered that on Tuesday the 6th day of August 1878 the following

Collin County proceedings were had in vacation by the County Judge.

 

The State of Texas Estate of BUFORD HENRY

County of Collin dec’dJ. M. BENGE admr.

Pro tem.

Be it remembered that on this the 6th day of August A. D. 1878 in vacation of the County Court of said County it appearing to me T. C. GOODNER County Judge of said County that BUFORD HENRY late of said County departed this life intestate on the (blank) day of August 1878 seized and possessing…

 

Page 438

 

…of an Estate of 12000$ some of which is of a perishable character and liable to go to waste and that the interest of said Estate requires the immediate appointment of an administrator. Therefore I the said County Judge do hereby appoint J. M. BENGE administrator pro tem of said Estate with power to do all things pertaining to said Estate that a permanent administrator might lawfully do except the partition and distribution thereof that he enter into Bond with good and sufficient sureties in the sum of twenty four thousand (24000) Dollars and take the Oath required by law. Done at office in McKinney the day and date first above written.

T. C. Goodner

Co. Judge Collin Co.

 

J. M. BENGE Friday August 9th 1878

Temporary Admr. Now on this day comes J. M. BENGE and files his

Est. BUFORD HENRY deceased bond as temporary administrator of the Estate of BUFORD HENRY deceased and it appearing to the court that the same is a good and solvent bond it is ordered and decreed by the court that the same be approved and recorded.

 

Ex parte In vacation September 7th

MARY SIMS 1878

next friend Now on this day came on to be heard the exception of the defendant G. W. COFFMAN

JAMES KING a minor which being fully understood by the court it is in all things overrules, to which ruling of the court the defendant excepts. It appearing to the court on motion of defendants that the Hon. T. C. GOODNER

 

Page 439

 

...Judge of this court having been of counsel in this case & by reason thereof was disqualified from trying the same, it is ordered that this case be removed to the District Court of Collin Co. and that the Clerk of this court make out and deliver to the clerk of the District court a certified copy of this order in connection with the original papers herein filed.

 

ROBERT GARNETT In vacation September 7th 1878

admr. Ordered in vacation that notice of the filing of this final account

Est. JOHN L. WHITE deceased be given by M. A. (?) KING publication of citation in the McKinney Advocate for three weeks.

 

 

 

 

 

The States (sic) of Texas Be it remembered that there was begun and holden at the

County of Collin Court House in the City of McKinney on Monday September16th 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 Honorable T. C. GOODNER County Judge, W. W. MERRITT sheriff and J. M. BENGE clerk when the following proceedings were had to wit:

 

 

B. W. HAMPTON Monday September

Guardian 16th 1878

M. C. O’GUINN a minor Now on this day came…

 

 

Page 440

 

…on to be heard the annual report of B. W. HAMPTON as guardian of the Estate of M. C. O’GUINN a minor and it appearing to the court that said report is in all things correct and it further appearing that notice required by law has been given according to law and that the same has laid over one tem of this court it is ordered that the same be approved and recorded.

 

B. W. HAMPTON Monday September 16th

Guardian 1878

Wm. O’GUINN a minor Now on this day came on to be heard the annual report of B. W. HAMPTON as guardian of the Estate of M. C. O’GUINN a minor. And it appearing to the court that the same is correct in all things and it further appearing that notice required by law has been given and that the same has laid over one term of this court it is ordered that the same be approved and recorded.

 

 

JOHN HAVILL Monday September 16th

Guardian 1878

Est. JOHN F. HAVILL a minor Now on this day came on to be heard the report of JOHN HAVILL as guardian of the Estate of JOHN F. HAVILL a minor of the condition of said Estate and it appearing to the court that the same is correct in all things and that notice required by law has been given and that the same has laid over one term of this court. It is ordered that the same be approved and recorded.

 

Page 441

 

G. A. WILSON Monday September 16th

admr. 1878

Est. ORAN HAVILL Now on this day comes GEORGE A. WILSON administrator of the Estate of ORAN HAVILL deceased and files an inventory and appraisement of said Estate and is appearing to the court that the same contains a full list of all property both real and personal belonging to said Estate, It is ordered that the same be approved and recorded.

 

J. H. BONMAN Monday September

vs. 16th 1878

Est. BELLE DYE et al minors Now on this day came on to be heard the application of J. H. BONMAN to be appointed guardian of the minor persons & Estates of EUPHEMIA, E. BELLE, ADDIE L., MAY, LUETA P., LIZZIE M. & THOMAS C. DYE, minors, and it appearing to the court that notice required by law has been given, it is ordered by the court that said application be granted as to all the minors except EUPHEMIA she having not been served, and that letters of guardianship issue to him upon his filing a good and solvent bond in the sum of $1600.00 each and take the oath required by law.

 

J. M. BENGE Monday September 16th

vs. 1878

Estates BUFORD & MARY F. HENRY Dec’d. Now on this day this cause [came] on to be heard the application of J. M. BENGE to be appointed permanent administrator of the Estate of BUFORD and MARY F. HENRY deceased and it appearing to the court that notice required by law has been given…

 

Page 442

 

…it is ordered that the same be granted and that letters of administration issue to him upon his filing a bond in the sum of twenty four thousand Dollars and taking the oath required by law.

 

LUCY A. JACKSON Monday September

Guardian 16th 1878

Ests. J. M. & H. P. LONG Now on this day came on to be heard the final report of LUCY A. JACKSON as guardian of the Estates of J. M. and HENRY (?) and it appearing to the court that notice required by law has been given and that said report is in all things correct it is ordered and decreed by the court that the same be received and that she be discharged from her trust upon her filing proper vouchers showing all the Estate in her hands disposed of and that said report be recorded.

 

J. H. WATSON Monday September 16th

Guardian 1878

of H. H. DICKERSON a minor Now on this day came on to be heard the application of J. H. WATSON to be appointed guardian of the person of J. H. DICKERSON a minor and it appearing to the court 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 bond with good and approved security in the sum of One Hundred Dollars and taking the Oath prescribed by law.

 

J. H. WATSON Monday September 16th

Guardian 1878

JAS. DICKERSON a minor Now on this day …

 

Page 443

 

… comes J. H. WATSON and files his bond as guardian of the person of JAS. H. DICKERSON a minor and it appearing to the court that the same is a good and solvent bond it is ordered that the same be approved and recorded.

 

JESSE SHAIN Monday September

vs. 16th 1878

FANNIE RUSHING (Col.) a minor Now on this day came on to be heard the application of JESSE SHAIN to be appointed the guardian of the person of FANNIE RUSHING a minor (colored) and it appearing to the court that notice required by law has been given 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 with good and approved security and take the oath prescribed by law.

 

SAMUEL YOUNG Monday September

vs. 16th 1878

Est. Wm. TEEL dec’d. Now on this day came on to be heard the application of SAMUEL YOUNG to be appointed administrator of the Estate of WILLIAM TEEL deceased and it appearing to the court that said decedent died intestate and that notice required by law has been given, it is ordered that the same be granted and that letters of administration issue to him upon his filing a bond in the sum of twelve thousand Dollars and taking the Oath prescribed by law.

 

 

Page 444

 

 

SAMUEL YOUNG Monday September

admr. 16th 1878

Est. Wm. TEEL Decd. Ordered by the court that C. V. QUIENSBERRY, A. E. QUISENBERRY and J. S. HOWARD be appointed to apprise and value the property belonging to the Estate of Wm. TEEL dec.

 

MARY A. ASTON Monday September 16th

Commty. Est. 1878

JAMES W. ASTON Dec. Now on this day comes MARY A. ASTON and files an inventory of all property belonging to the community Estate of herself and her deceased husband, JAMES W. ASTON, Dec. and it appearing to the court that (unreadable) is correct & that it contains a full and complete list of all property belonging to said Estate it is ordered that the same be approved and recorded & that she enter into bond in the sum of (blank) Dollars.

 

MARY A. ASTON Monday September 16th

Commty. Est. 1878

JAMES W. ASTON Dec. Now on this day comes MARY A. ASTON and files her bond in the community Estate of herself and her deceased husband JAMES W. ASTON and it appearing to the court that the same is a good and solvent bond it is ordered that the same be approved and recorded.

 

V. H. ALLEN Monday September 16th

admrx. 1878 annual Report

Est. M. W. ALLEN deceased Now on this day this cause was continued for notice.

 

Page 445

 

B. T. ESTES Monday September 16th 1878

J. B. HAVILL Now on this day comes B. T. ESTES and J. B.

Extrs. HAVILL and files their bond as Executors of the

Est. D. HOWELL Dec. Estate of DANIEL HOWELL Deceased and it appearing to the court that notice has been given as required by law (unreadable) it is ordered that the same be approved and recorded.

 

B. T. ESTES Monday September 16th

J. B. HOWELL 1878.

Extrs. Ordered by the court that L. H. FOOTE,

Est. D. HOWELL Deceased G. A. WILSON and S. A. HEARD be appointed to appraise and value the property of the estate of D. HOWELL Dec.

 

Now on this day came the sheriff of Collin County and returns into court the following named Jurors to wit: R. L. WADDILL, H. B. KERR, SAMUEL BERRY, DAVID MAY, JOHN HAMILTON and JOHN HALL. Jurors selected by the Jury commissioners to serve during the 1st week of the present term of this court, all of whom were duly impaneled and sworn.

 

Now on this day comes L. A. SCOTT and 53 other freeholders of Collin County and prays the court for an election on the hog goat and sheep law, approved August 15th 1876, for Collin County and the matters and things set forth in said petition being heard and fully understood by the court, It is ordered that said prayer be granted and that an election be held in accordance with said petition on the first Tuesday after the first Monday in November 1878 in each of the voting precincts in said co. by the presiding officer…

 

Page 446

 

…of the election thereof and that they make their return according to law and that notice be given in the McKinney Enquirer as required by law

 

 

B. T. ESTES and Monday September 16th

J. B. HOWELL 1878

vs. Now on this day comes B. T. ESTES and

Est. D. HOWELL Deceased J. B. HOWELL and present their application for probate of the last will and testament of DANIEL HOWELL deceased and said will being produced and read in open court and it appearing to the court that said will was wholly written and signed in the hand writing of the said DANIEL HOWELL in his lifetime and that said B. T. ESTES and J. B. HOWELL was (sic) in said will appointed executors of the same. There came into open court CHAS. H. LAKE and H. J. CLINE who being sworn according to law says (sic) that they have each examined the instrument filed in this court purporting to be the last will and testament of DANIEL HOWELL and they each say that they are well acquainted with the handwriting of said DANIEL HOWELL having seen him write and often seeing his hand writing in business transactions and they each say that the said will was wholly written by the said DANIEL HOWELL and is in the entire body and signature of the said will and the handwriting of said DANIEL HOWELL.

CHAS. H. LAKE

A. J. CLINE

Sworn to before me in open court. Sept. 16th

J. M. Benge Clerk

Co. Court Collin Co., Texas

And it appearing to the Court that notice of said application has been given…

 

Page 447

 

…according to law it is therefore ordered and adjudged and decreed by the court that said application be granted and that said will be probated & the provisions therein be confirmed and that said B. T. ESTES and J. B. HOWELL be appointed executors of said Estate and that they file an inventory of said Estate and enter into bond in the sum of sixty Thousand Dollars with good and approved security and that they take the oath prescribed by law and that said will and proof be recorded.

 

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

 

Tuesday morning September 17th 1878 court met pursuant to adjournment.

 

Ordered by the court that R. L. WADDILL be excused and that R. K. SWAN be substituted as a Juror in his place.

 

 

HALTER & OSBORNE Tuesday September17th

vs. 1878

HUNTER & LEE Now on this day this cause came on to be heard and the regular Jury having been exhausted the court ordered the sheriff to summon a sufficient number of good and lawful jurors to fill the vacancy the sheriff then returned into court the following named persons to wit FRANK DOWELL, HENRY SCOTT, H. ENLOE and HENRY SHIELDS all of whom were duly impaneled and sworn according to law.

 

Page 448

 

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

 

Wednesday morning September 18th 1878 court met pursuant to adjournment.

 

JOHN H. BINGHAM Monday September

vs. 16th 1878

THOS. E. GRESHAM admr. Now on this day came on to be heard the

Community Estate of M. E. GRESHAM dec. application of JOHN H. BINGHAM to be released as surety on the bond of THOS. E. GRESHAM in the community Estate of himself and his deceased wife M. E. GRESHAM and it appearing to the court that the said THOS. E. GRESHAM had been served according to law. It is ordered by the court that the said THOS. E. GRESHAM file a new bond instanter and that upon the filing of the same and its approval by the court the said JOHN H. BINGHAM to be released from further liability on said bond.

 

JOHN COFFMAN Tuesday September

vs. 17th 1878

FRANK RON (ROSS?) a minor Ordered by the court that this cause be dismissed from the docket.

 

J. M. BENGE Tuesday September 17th

admr. 1878

Est. BUFORD and MARY F. HENRY Dec. Now on this day comes J. M. BENGE and files his bond for approval as administrator of the Estate of BUFORD and MARY F. HENRY deceased and it appearing to the court that the same is a good and solvent bond, it is ordered that the same be approved…

 

Page 449

 

…and recorded.

 

THOS. E. GRESHAM Tuesday September 17th

Community Property 1878

MARY E. GRESHAM deceased Now on this day comes THOS. E. GRESHAM and files his bond in the community Estate of himself and his deceased wife MARY E. GRESHAM and it appearing to the court that the same is a good and solvent bond it is ordered that the same be approved and recorded.

 

J. M. BENGE Tuesday September 17th

admr. 1878

Est. BUFORD and MARY F. HENRY Dec. Ordered by the court that H. M. MARKHAM, J. H. JENKINS and JNO. D. PAGE be appointed appraisers of the Estate of BUFORD and MARY F. HENRY deceased.

 

ISAAC CROUCH Wednesday September

vs. 18th 1878

H. C. ADDISON Now on this day this cause came on to be heard and the regular jury having been exhausted the court 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: T. C. McKINNEY, (blank) DUER and LOCK SECEY (?) all of whom were duly impaneled and sworn.

 

Ordered that court adjourn until tomorrow morning 9 0’clock.

 

Page 450

 

Thursday September 19th court met pursuant to adjournment.

 

JOHN JOHNSON Thursday Sept. 19/1878

vs. This day came the plaintiff by his attorney and the

J. S. HUGHES Et al said defendants having failed to appear and answer in this behalf but wholly made default wherefore the said JOHN JOHNSON out to recover against the said J. S. HUGHES, GEORGE HUGHES, J. C. FORMAN and L. W. OGLELSBY his damages by occasion of the premises and it appearing to the court that the cause of action is liquidated and proved by an instrument of writing it is ordered that the clerk do assess the damages sustained by said plaintiff and the said Clerk now here having assessed the damages aforesaid at the sum of Two Hundred and sixty-four and 05/100 Dollars, it is therefore considered by the court that the said plaintiff have and recover of the said defendant the sum of Two Hundred and sixty four and 05/100 Dollars with interest thereon at the rate of two percent per annum Together with his costs in this behalf expended and that he has his execution. It is further ordered that execution issue in favor of the officers of court against each party respectively for the costs by him in this behalf incurred.

 

Written in margin: Recd. of JED HUGHES the sum of Eighty three Dollars and five cts. In full of this Judgmt. 200.00/xx (unreadable) been paid Dec. 16 1878. This is in full. This June 12, 1879 Jenkins & Muse, Atty. for Plff.

 

 

ISAAC CROUCH Thursday September

vs. 19th 1878

H. C. ADDISON 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 demanded there came…

 

Page 451

 

…a Jury of six good and lawful men to wit T. C. McKINNEY and five others, who were duly impaneled and sworn and who after hearing the Evidence the arguments of counsel and charge of the court retired to consider their verdict and after mature deliberations returned into court the following verdict to wit “We the Jury find for the plaintiff ISAAC CROUCH the sum of $713.64 seven hundred and thirteen and 64/100 Dollars.

T. C. McKINNEY Foreman

 

It is therefore ordered and decreed by the court that the Plaintiff ISAAC CROUCH do have and recover of and from the defendant H. C. ADDISON the sum of Seven Hundred and thirteen & 64/100 Dollars with interest from date at the rate of 8 % per annum Together with all cost accrued in this cause and that he have his Execution and that Execution issue against each party respectively in favor of the officers of the court for the court by them in this behalf incurred.

 

 

Page 452

 

HATLER & OSBORN Tuesday September

vs. 17th 1878

HUNTER & LEE 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 demanded then came a Jury of six good and lawful men to wit J. M. HAMILTON and five other who were duly impaneled and sworn and who after hearing the Evidence the arguments of counsel and charge of the court retired to consider their verdict and after mature deliberations returned into court the following verdict to wit “We the Jury find for the plaintiffs $82.50 Eighty two Dollars and fifty cents with Eight percent interest from January 1873.

J. W. HAMILTON Foreman

It is there ordered adjudged and decreed by the court that the plaintiffs D. P. HATLER & ROBERT OSBORN

 

Page 453

 

…do have and recover of and from the defendants JOHN P. HUNTER and STEPHEN LEE the sum of Eight two & 50/100 Dollars with interest at the rate of 8% per annum from January 1873. Together with all costs accrued in this cause and that they have their Execution and that Execution issue in favor of the officers of the court against each party respectively for all costs incurred by them in this cause.

 

W. N. FLETCHER Thursday September

vs. 19th 1878

D. W. LIGHT Now on this day this cause was continued by the defendant.

 

 

JESSE SHAIN Thursday September 19th 1878

Guardian Now on this day comes JESSE SHAIN and files

FANNIE RUSHING his bond for approval as guardian of the person of FANNIE RUSHING a minor and it appearing to the court that the same is a good and solvent bond it is ordered that the same be approved and recorded.

 

J. M. STUART Thursday September

admr. 19th 1878

Est. JAMES STEWART Now on this day this cause was continued for notice.

 

B. T. ESTES and Thursday September 19th

J. B. HOWELL 1878

Extrs. Now on this day comes B. T. ESTES & J. B.

Est. D. HOWELL dec. Executors of the Estate of DANIEL HOWELL deceased and files an inventory…

 

Page 454

 

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

 

Ordered that Court adjourn until tomorrow morning 9 0’clock.

 

Friday morning September 20th 1878 court met pursuant to adjournment.

 

 

ELI COUSINEU (?) Friday September 20th 1878

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

JOHN E. CAMERON Et al the parties by their attorney appeared and 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 R. K. SWAN and five others who were duly impaneled and sworn and who were duly impaneled and sworn and who after hearing the Evidence the arguments of counsel and charge of the court retired to consider their verdict and after mature deliberations returned into court the following verdict to wit “We the Jury find for the Plaintiff ELI COUSINEU the sum of ($40.80) Forty and 80/100 Dollars. R. K. SWAN Foreman

And it appearing to the court that the defendants JOHN CAMERON & ALLICE (sic) CAMERON as principals executed an appeal bond on the 22nd day of August 1878 with JOHN P. HUNTER as surety before W. R. H. MACK Justice of the Peace precinct No. 1 of Collin County…

 

Page 455

 

…for the purpose of bringing this case by appeal from said Justice court to this court. It is therefore considered by the court that ELI COUSINEU do have and recover of and from JOHN CAMERON and ALICE CAMERON as principals and JOHN P. HUNTER as surety the sum of Forty & 80/100 Dollars with interest thereon at the rate of 8% per annum from this date together [with] the cost in his behalf expended for which let execution issue. It is further ordered that Execution issue against each party respectively for the costs by them in this behalf in favor of the officers of the court.

 

 

ALEXANDER & SUMMEVILLE Thursday September

for the use and benefit of SUMMEVILLE 19TH 1878

vs. Now on this day came the parties by their attorneys

GEO T. ARMSTRONG and thereupon came a Jury of good and lawful men to wit R. K. SWAN and five others who being duly impaneled and sworn well and truly to try the issue joined between the parties and being duly charged by the court upon their oaths returned into the following verdict “We the Jury find for the plaintiff twenty Eight Dollars and sixty five cents.

(signed) R. K. SWAN Foreman

And it appearing that the defendant GEO. T. ARMSTRONG as principal executed an appeal bond on the 11th day of February A. D. 1878 with FRANCIS EMERSON and B. T. ESTES as sureties before W. R. H. MACK Justice of the Peace precinct No. 1 of Collin County for the purpose of bringing this case by appeal from said Justice court to this court. It is therefore considered by the court that GEORGE D. ALEXANDER

 

Page 456

 

…& N. SUMMEVILLE do have and recover for the use and benefit of N. SUMMEVILLE of and from GEO. T. ARMSTRONG as principle and FRANCIS EMERSON and B. T. ESTES as sureties the sum of twenty eight Dollars and sixty five cents with interest thereon at the rate of 8% per annum from this date together with the costs in this behalf expended for which let execution issue. It is further ordered that Execution issue in favor of the officers of the Court against each party respectively for the costs by him in this behalf incurred.

 

VAN ELTER & HALL Wednesday September

vs. 18th 1878

J. W. FRANKLIN Now on this day this cause was dismissed for want of prosecution.

 

SEMPLE BERGE & CO. Wednesday September

vs. 18th 1878

R. (sic) HORTON Now on this day this cause was dismissed.

 

 

PADDOCK HAWLEY & CO. Wednesday September 18th

vs. 18th 1878

J. R. HORTON Now on this day this cause was dismissed.

 

G. W. FORD Wednesday September 18th

vs. 1878

DANIEL HERNING (?) et al Now on this day this cause was continued by plaintiff.

 

HENRY & ANDREWS Tuesday September 17th

vs. 1878

JESSE SHAIN Now on this day the plaintiff has leave to amend.

 

 

 

 

 

 

 

 

 

 

 

 

 





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Updated: July 13, 2010
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Sue Patterson