Probate Minutes - 1876-1879 - Volume A-2


Page 457

 

HENRY & ANDREWS Wednesday September 18th

vs. 1878

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

 

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

 

Saturday morning September 21st 1878 court met pursuant to adjournment.

 

 

W. C. MASSIE Saturday September 21st

vs. 1878

H. T. C. R W. Y. CO. (?) Now on this day this cause came on to be heard the above styled cause and the parties by their attorneys appeared and announced themselves ready for trial and a Jury being waived and the matter and things as well as the facts as of law were submitted to the court, who after hearing the evidence and argument of counsel gave Judgment for defendant. It is therefore ordered and decreed by the court that the plaintiff W. C. MASSIE take nothing by this suit and that the defendant have and recover of and from the plaintiff all cost accrued in this cause and that they have their Execution. It is further ordered that Execution issue in favor of the officers of the court against each party respectively for the cost by them incurred.

 

 

MARY J. RICE Saturday September 21st

vs. 1878

JUD HIGGINS Now on this day this cause came on to be heard and the parties by their attorneys appeared and announced themselves ready for trial and a Jury being waived and the…

 

Page 458

 

…matters and things as well as of fact as of law was submitted to the court and who after hearing the evidence the argument of counsel gave judgment for the Plaintiff. It is therefore ordered and decreed by the court that plaintiff MARY J. RICE do have and recover of and from the defendant JUD HIGGINS the sum of ten Dollars together with all cost accrued in this cause and that she have her execution and that Execution issue in favor of the officers of the court against each party respectively for the costs by them incurred.

 

Written in margin: Receive Payment in full of this Judgment Oct 5 1878 MARY x (her mark) RICE. Attest S. H. Cown (?).

 

Hrs. of ISAAC STIMSON Thursday September

vs. 19th 1878

DANIEL STIMSON Now on this day this cause was dismissed.

 

J. M. BENGE Saturday September

admr. 21st 1878

Est. BUFORD [and] MARY F. HENRY dec. Now on this day comes J. M. BENGE administrator of the Estate of BUFORD and NANCY F. HENRY deceased and files an inventory and appraisement of all property belonging to said Estate and it appearing to the court that the same is in all things correct it is ordered that the same be approved and recorded.

 

J. K. BOWMAN Saturday September

vs. 21st 1878

Est. EUPHEMIA DYE et al Now on this day this cause is dismissed, it appearing to the court that said EUPHEMIA DYE has married.

 

Page 459

 

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

 

Monday Sept. 23rd 1878 court met pursuant to adjournment.

 

H. H. FINLY Monday September

vs. 23rd

Est. SARAH FINLY et al minors Now on this day this cause was dismissed.

 

J. H. BOWMAN Monday September 23rd

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

Est. S. E. DYE dec’d. application of J. H. BONMAN to be appointed administrator of the Estate of S. E. DYE dec. and it appearing to the court that notice of said application has been give according to law, It is ordered by the court that the same be granted and that letters of guardianship (sic) issue to him upon his filing a bond in the sum of Ten Thousand dollars and taking the oath prescribed by law.

 

J. H. BOWMAN Monday September

admr. 23rd. Ordered by the court that G. W. B_______,

Est. S. E. DYE dec. JOE. FOREMAN and J. Y. LOVELACE be appointed appraisers of the Estate of S. E. DYE dec.

 

J. W. BAINES Monday September 16th

Admr. 1878

Est. WM. REECER Now on this day comes J. W. BAINES & asks the court to set aside Exempt property belonging to said Estate to (blank) REECER surviving widow of said decedent. Ordered by the court that said prayer be granted & that T. B. WILSON be appointed to survey off the homestead.

 

Page 460

 

J. H. & G. W. BOWMAN Tuesday September 24th 1878

vs. Now on this day came on to be heard the petition of J.

Est. of HENRY DYE Dec. H. & G. W. BOWMAN for letters of testamentary in the Est. of said HENRY DYE Dec. and it appearing to the court that due notice of said petition had been given according to law and that said HENRY DYE died in Collin County Texas on the 10th day of August A. D. 1878, that the principal part of his Estate is situated in said county of Collin that heretofore to wit 3rd day of April A. D. 1876, the said decedent made his last will in the presence of P. T. SMITH, JOE FOREMAN & JAS. K. ALDRIDGE who signed the same as witnesses at the request of the said testator that JOE FOREMAN came into open court and testified to the foregoing facts as to the execution of said will which testimony was written down sworn to & subscribed by the said FORMAN in open court as aforesaid and placed on file with the papers of said Estate the said Testator afterwards to wit August the 8th A. D. 1878 made a codicil to said will in the presence of T. J. VANCE and W. T. JACKSON who signed the same as witnesses at the request of said testator which said facts as the codicil were preserved (?) by the written affidavit of the said T. J. VANCE taken in open court which said affidavit was placed on file with the papers of said Estate that by the terms of said will J. H. BOWMAN and G. W. BOWMAN were appointed executors of said will and that said G. W. BOWMAN declining to act it is considered by the court that the appointment of the said J. H. BOWMAN be confirmed and that letters testamentary issue to him upon his filing his bond for the sum of Ten Thousand Dollars conditioned according to law with good & sufficient sureties that the clerk shall place…

 

Page 461

 

…when recorded the said will & record (?) into the aforesaid affidavits.

 

J. H. BOWMAN Tuesday September 24th

Extr. 1878

Est. HENRY DYE dec. Ordered by the court that G. W. BARNETT, JOE FOREMAN and J. Y. LOVELACE be appointed appraisers of the Estate of HENRY DYE dec.

 

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

 

Wednesday morning 9 o’clock September 25th 1878 court met pursuant to adjournment.

 

 

SAM YOUNG Wednesday September 25th

admr. 1878

Est. Wm, TEEL dec’d. Now on this day comes SAM YOUNG and files his bond for approval as the administrator of the Estate of Wm. TEEL deceased and it appearing to the court that same is a good and solvent bond, it is ordered by the court that the same be approved and recorded.

SAM YOUNG Wednesday September 25th

admr. 1878

Est. Wm. TEEL dec’d. Now on this day comes SAM YOUNG administrator of the Estate of Wm. TEEL dec. and files an inventory and appraisement of said Estate and it appearing to the Court that the same is in all things correct ordered that the same be approved and recorded.

 

Page 462

 

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

 

Saturday morning September 28th court met pursuant to adjournment.

 

 

SAMUEL YOUNG Saturday September 28th

admr. 1878

Est. Wm. TEEL Now on this day comes SAM YOUNG and files an application for the sale of personal property belonging to the Estate of Wm. TEEL Dec. and it appearing to the court that it is necessary to sell the same to pay off the indebtedness against said Estate, it is ordered that said application be granted and that said administrator proceed to sell for cash at private sale such property as he may deem liable to waste or depreciate in value (unreadable) to include any that is exempt by law from force sale.

 

 

A.H.WEAVER Saturday September 28th

Extr. 1878

G. R. MARTIN dec. Ordered by the court that this cause be continued.

 

N. B. SEABORN Saturday September

vs. 28th 1878

Ests. W. G. & AMANDA (?) LEE minors Now on this day this cause was continued for notice.

 

S. R. HAMILTON Saturday September

vs. 28th 1878

Est. THOS. HAWKINS Now on this day this cause was continued for notice.

 

Page 463

 

ROBT. GARNETT Saturday September 28th

admr. 1878

Est. JOHN L. WHITE Now on this day this cause was continued for notice.

 

R. V. TOMPKINS &c. Saturday September

vs. 28th 1878

J. M. STINNETT Admr. Now on this day this cause was continued by plaintiff.

Est. J. A. STINNETT Dec.

 

JACK PHALEN Monday September 23rd

vs. 1878

JESSE SHAIN Now on this day this cause came on to be heard and the parties by their attorneys appeared and announced themselves ready for trial and a Jury being waived and the matters and things as well as fact as of law were submitted to the court who after hearing the evidence & argument of counsel gave judgment for the Plaintiff for $113.70. And it appearing to the court that this cause was appealed from Justice Court precinct no. 1 Collin Co. by the Defendant and it further appearing to the court that the judgment recovered in this court was for a less amount than that in Justice Court, It is therefore ordered and decreed by the Court that JACK PHALEN do have and recover of and from the defendant JESSE SHAIN the sum of One hundred and thirteen & 70/100 Dollars. Together with all costs accrued in this court and that he have his Execution and that JESSE SHAIN have and recover of JACK PHALEN all cost accrued in Justice Court 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.

 

Written in margin: For value received I have this day transferred all my right title and interest in and to this judgment against JESSE SHAIN to A. W. SHORT this Decr. 2 1878.

JACK PHALEN

Rec’d. on this judgment $6.56.

May 17, 1879 [ unreadable] atty. for plff.

 

Page 464

 

THROCKMARTIN & BROWN Saturday September 28th

vs. 1878

PETER HAMMER Now on this day this cause was continued by plaintiff.

 

S. L. McBRIDE Saturday September 28th

vs. 1878

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

 

ALEXANDER & SUMMERVILLE Saturday September

vs. 28th 1878

G. T. ARMSTRONG Now on this day came on to be heard the defendants motion for a new trial and the matters and things set forth in said motion being heard and fully understood by the court, It is ordered that the same be overruled to which ruling defendants Excepts and gives notice of appeal to the court of appeals.

 

MARY J. RICE Saturday September 28th

vs. 1878

JUDD HIGGINS Now on this day came on to be heard the defendants motion for a new trial and the matters and things set forth in said motion being heard and fully understood by the court, It is ordered that the same be overruled.

 

C. W. MASSIE Saturday September 28th

vs. 1878

H. & R. C. RWY. CO. Now on this day plaintiff has leave to amend.

 

C. W. MASSIE Saturday September 28th

vs. 1878

H. & R. C. R. W. Y. CO. Now on this day came on to be heard the plaintiff’s motion for a new trial and the matters and…

 

Page 465

 

…things set forth in said motion being heard and fully understood by the court it is ordered that the same be overruled.

 

J. H. BOWMAN Tuesday September 24/1878

Guardian Now on this day came on to be heard the petition of

Minor heirs of S. E. DYE and H. DYE deceased of J. H. BOWMAN guardian of E. BELLE DYE, ADDIE L. DYE, MINNIE MAY DYE, LURA P. DYE & THOS. C. DYE & LIZZIE M. DYE minor—to make proof of heirship And it appearing to the court that SARAH E. DYE died on 6th March 1878, and that HENRY DYE departed this life on the 19th of Aug. 1878 and left surviving them the following named children MEDORA E. BOWMAN (?), HENRY M. DYE, EUPHEMIA P. KEYSER, E. BELLE DYE, ADDIE L. DYE, MINNIE MAY DYE, LURA P. DYE, LIZZIE M. DYE & THOS. C. DYE. It is therefore considered & declared by the court that the said children are the only lawful heirs of said HENRY & S. E. DYE dec.

 

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

 

Monday September 30th 1878 court met pursuant to adjournment.

 

J. H. BOWMAN Monday September 30th

Extr. 1878

Est. HENRY DYE Dec. Now on this day comes J. H. BOWMAN Executor of the Estate of HENRY DYE Dec. and [files] his bond as such for approval and…

 

Page 466

 

…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. H. BOWMAN Monday September 30th

Admr. 1878

Est. S. E. DYE Deceased Now on this day comes J. H. BOWMAN admr. of the Estate of S. E. DYE Deceased and files his bond as such for approval 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. H. BOWMAN Monday September 30th

Guardian 1878

Est. E. BELLE DYE minor Now on this day comes J. H. BOWMAN guardian of the person and Estate of E. BELLE DYE minor and files his bond for approval 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. H. BOWMAN Monday September 30th

Guardian 1878

ADDIE L. DYE a minor Now on this day comes J. H. BOWMAN guardian of the person and Estate of ADDIE L. DYE a minor and files his bond as such guardian for approval 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 467

 

J. H. BOWMAN Monday September 30th

Guardian 1878

Est. MINNIE MAY HARRINGTON, minor Now on this day comes J. H. BOWMAN guardian of the person and Estate of MINNIE MAY HARRINGTON a minor and files his bond for approval as such guardian 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. H. BOWMAN Monday September 30th

Guardian 1878

LIZZIE M. DYE a minor Now on this day comes J. H. BOWMAN guardian of the person and Estates of LIZZIE M. DYE a minor and files his bond for approval 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. H. BOWMAN Monday September 30th

Guardian 1878

Est. LURA P. DYE minor Now on this day comes J. H. BOWMAN guardian of the person and Estate of LURA P. DYE a minor and files his bond for approval 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. H. BOWMAN Monday September 30th

Guardian 1878

Est. THOS. C. DYE a minor Now on this day comes J. H. BOWMAN guardian of the person and Estate…

 

Page 468

 

 

…of THOS. C. DYE a minor and files his bond for approval 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.

 

 

MARY A. MATTHEWS Monday September 30th

vs. 1878

Comm. Est. B. T. MATTHEWS Ordered by the court that R. W. CARPENTER, W. N. BUSH and WM. HOWARD be appointed appraisers of the community Estate of MARY A. MATTHEWS and her deceased husband B. T. MATTHEWS.

 

ALEX M. INGRAM Monday September 30th

vs. 1876

Community Estate Ordered by the court that J. W. KEINE, J. N. GENT

of MARY E. INGRAM deceased (?) and JOSEPH SCOTT be appointed appraisers of the Community Estate of ALEX M. INGRAM and his deceased wife MARY E. INGRAM.

 

HALTER & OSBURN Monday September 30th

vs. 1878

HUNTER & LEE Now on this day came on to be heard the plaintiffs’ motion for a new trail in this cause and the matters and things set forth in said motion being and fully understood by the court it is ordered that the same be sustained.

 

ELI COUSINEAU Monday September 30th

vs. 1878

JOHN CAMERON Now on this day comes the defendant JOHN CAMERON by…

 

Page 469

 

…attorney and moves the court to grant him a new trail in this cause, and the matters and things set forth in said motion being heard and fully understood by the court it is ordered that the same be sustained and that said defendant be allowed a new trial in this cause to which Plffs. excepts and gives notice of appeal to the court of appeals.

 

J. M. PEAGUS’ REPORT

 

Now on this day comes J. M. PEAGUS Clerk of the County Court of Collin County Texas and files his report of all money received and disbursed by him since his last report and the names of each juror who have served at this term of the court and the amount due each.

 

Names of Jurors

No. of days

Amt. due

R. K. SWAN

4

8.00

LOCK SEAY

3

6.00

R. L. WADDLE (WADDILE)

1

2.00

DAVID MAY

5

10.00

W. T. DUER

3

6.00

A.B. KERR

5

10.00

JOHN HALE

5

10.00

HENRY SCOTT

1

2.00

FRANK DOWELL

1

2.00

N. ENLOE

1

2.00

HENRY SHIELDS

1

2.00

T. C. McKINEY

2

4.00

S. R. BERRY

4

8.00

J. W. HAMILTON

4

8.00

 

I have receive & paid out no money since my last report and that I issued drafts on the Co. Treasurer to each of the above named Jurors for the amount due them.

 

Page 470

 

All of which is respectfully submitted.

J. M. Benge Clerk

And it appearing to the court that the same is in all things correct, it is ordered that the same be approved.

 

 

Community Est. Monday September 30th

of ANN & M. E. INGRAM 1878

Now on this day comes A. M. INGRAM and files his bond in the community Estate of himself and his deceased wife M. E. INGRAM for approval 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.

 

JACK PHALEN Monday September 30th

vs. 1878

JESSE SHAIN Now on this day comes the defendant in this cause and moves the court to retax the cost. Ordered by the court that the same be continued until the next term of this court.

 

M. J. RICE Monday September 30th

vs. 1878

JUDD H. Motion to retax cost. Ordered by the court that this cause be continued

 

Ordered that court be adjourned until court in Course.

 

Read & approved.

T. C. Goodner

Co. Judge

 

Page 471

 

State of Texas Be it remembered that there was begun and holden at the court House in the City of

County of Collin McKinney on Monday Nov. 18th 1878 (it being the 3rd Monday thereof) a regular term of the County court of Collin County present and presiding T. C. GOODNER Co. Judge, WILLIAM WARDEN Sheriff and J. M. BENGE Clerk when the following proceeding were had to wit.

 

V. H. ALLEN Monday November 18th

Admx 1878

M. W. ALLEN Now on this day comes V. H. ALLEN by atty. and files her annual report of the condition of the Estate of M. W. ALLEN deceased and it appearing to the court that notice of the same has been given it is ordered that the same has been given, it is ordered that the same be approved and recorded & it appearing that said admx. has paid of her individual means the sum of 85$ for the benefit of the Estate it is ordered that she be authorized to deduct that amt. from the money on hand.

 

SAM R. HAMILTON Monday November

vs. 18th 1878

Est. THOS. HARTNESS Now on this day comes SAM R. HAMILTON and presents his application to be appointed guardian of the Estate of THOMAS HARTNESS a minor and it appearing to the court that Notice required by law has been given it is therefore ordered and decreed that said application be granted and that said SAM R. HAMILTON be appointed guardian of said THOMAS HARNESS (sic) Estate upon his filing a bond in the sum of Eight Hundred dollars and taking the Oath prescribed by law.

 

Page 472

 

A.H. WEAVER Monday November

Extr. 1878

Est. G. R. MARTIN Now on this day comes A. H. WEAVER Extr. of the Estate of G. R. MARTIN dec’d. and files his annual report of the condition of said Estate, and it appearing to the court that the same is in all things correct and that notice of the filing of the same has been given according to law it is ordered that the same be approved and recorded.

 

J. M. STIMSON Monday November

vs. 18th 1878

Est. ROB & RICHARD STIMSON, minors Now on this day comes J. M. STIMSON and files his application to be appointed guardian of the Estates of ROB & RICHARD STIMSON minors and it appearing to the court that notice of said application has been given as required by law, It is therefore ordered and decreed that said application be granted and that D. M. STIMSON be appointed guardian of said minors upon his filing a bond in the sum of six Hundred Dollars and take [taking] the oath as prescribed by law.

 

E. F. BROWN Monday November 18th

vs. 1878

JULIA BURNS a minor Now on this day came on to be heard the application of E. F. BROWN for letters of guardianship of the Estate & person of JULIA BURNS a minor over the age of fourteen years and it appearing to the court that service is complete as required by law and the said JULIA BURNS has chosen or selected the said…

 

Page 473

 

E. F. BROWN as her said guardian, It is therefore ordered adjudged & decreed that said application be granted & said E. F. BROWN be appointed guardian of the person & Estate of said JULIA BURNS and that he shall enter into bond in the sum of four Thousand dollars conditioned as required by law and take the Oath prescribed by law the statues and return an inventory of said Estate said bond & oath to be filed on or before the 25 day of November 1878.

 

JOHN MARTIN Monday November 18th

admr. 1878

Est. JESSE STIFF dec. Now at this term of court came on to be heard the report for final settlement of JOHN MARTIN administrator of the Estate of JESSE STIFF dec’d and it appearing to the court that said report was correct it is ordered and decreed by the court that said report be in all things confirmed, It further appearing that JOHN MARTIN & JESSE MARTIN and JESSE STIFF JR. are the only heirs at law of JESSE STIFF dec., It is therefore ordered adjudged and decreed by the court that all the property both real & personal now in the hands of the administrator & belonging to said Estate be partitioned and divided among said heirs as follows: Three Eights to JESSE MARTIN, Three eights to JOHN MARTIN and two Eights to JESSE STIFF JR. It is further ordered that TOM B. WILSON, JOHN M. KINCAID & W. N. WALLIS be and they are hereby appointed commissioners to divide and partition the property belonging to said Estate in the manner and to the parties as herein before indicated…

 

Page 474

 

…and that they make report of their action in the matter at this term of the court.

 

J. H. BOWMAN Monday November

Extr. 18th 1878

Est. HENRY DYE Dec. Now on this day comes J. H. BOWNMAN Extr. of the Estate of HENRY DYE dec. and files an inventory and appraisement of said Estate and it appearing to the court that the same contains a full and complete list of all property belonging to said Estate and is a fair valuation of the same it is ordered and decreed by the court that the same be approved and recorded.

 

J. H. BOWMAN Monday Nov. 18th

admr. 1878

Est. S. E. DYE dec. Now on this day come J. H. BOWMAN administrator of the Estate of S. E. DYE dec’d and files an inventory and appraisement of said Estate and it appearing to the court that the same is a full list of all property belonging to said Estate & is a fair valuation of the same It is ordered and decreed by the court that the same be approved and recorded.

 

L. C. SMITH Monday Nov. 18th

Guardian 1878

H. C. GOOCH et al minors Now on this day comes L. C. SMITH Guardian of the Estates of H. C. SMITH et al minors & files his annual report of the condition of said Estates. Ordered by the court that the same be continued by operation of Law.

 

Page 475

 

E. T. BROWN Monday Nov. 18th

Guardian 1878

Est. JULIA M. BURNS a minor Now on this day comes E. T. BROWN and files his bond and takes the oath as guardian of the person and Estate of JULIA BURNS 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.

 

E. T. BROWN Monday Nov. 18th

Guardian 1878

Est. JULIA M. BURNS a minor Now on this day comes E. T. BROWN and files an inventory of all property belonging to the Estate of JULIA M. BURNS a minor and it appearing to the court that the same is a full and complete list of all property both real and personal belonging to said Estate it is ordered that the same be approved and recorded.

 

Now on this day comes the sheriff of Collin County and returns into Court the Jury list selected by the Jury Commissions to serve during the 1st week of this court all of failed to appear and were excused except JOHN MARTIN (pd. 6.00), R. R. SMART (pd.) & WALTER MUSE (pd. 6.00) all of whom were duly impaneled and sworn

 

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

 

Tuesday Nov. 18th (sic) 1878 court met pursuant to adjournment.

 

Page 476

 

J. M. STEWART Monday Nov. 18th

admr. 1878

Est. JAMES STEWART dec. Now on this day comes J. M. STEWART administrator of the Estate of JAMES STEWART deceased and files his report of the sale of personal property belonging to said Estate and says that he is unable to sell the real property for cash. And it appearing to the court that said sale was made according to law and that said property sold for it reasonable value It is ordered that the same be approved and recorded. It is further ordered that the administrator J. M. STEWART proceed to sell the real Estate at private sale on twelve months credit & report next term of this court.

 

ROBT. GARNETT Monday Nov. 18th 1878

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

JOHN L. WHITE of ROBT. GARNETT administrator of the Estate of JOHN L. WHITE dec. and the same being fully heard and understood by the court It is ordered adjudged and decreed that said report be in all things approved & confirmed and the said administrator be allowed out of the money on hand the sum of forty Dollars compensation for his services as said admr. in addition to the percent accrued by law. It is further ordered that said admr. be allowed the sum of twenty two & 50/100 Dollars board lodging & tuition of FRANCIS CARPENTER and that he be allowed fifteen dollars board & Lodging of SAMUEL WHITE and nineteen for board & Lodging & clothing furnished BENJAMIN WHITE heirs of said Estate the amounts to be deducted from their repective interest as said heirs in the money…

 

Page 477

 

…on hand and it further appearing to the court LARKIN, BENJ. & SAMUEL WHITE, FRANCIS CARPENTER and ELIZABETH CARTER are the only heirs at law of JOHN L. WHITE dec. & entitled to equal shares of said Estate and further that said BENJ., SAMUEL & LARKIN have transferred their interest in said Estate to S. H. WILSON and FRANCES CARPENTER transferred her interest in said Estate to ARCH WHITE and ELIZABETH CARTER has transferred her interest in said estate to (blank) BAKER & (blank) SAMSON. It is therefore ordered and decreed that F. B. WILSON, W. B. CARRUTH and C. SUTTON be and they are hereby appointed commissioners to partition & divide the real property of said Estate among the aforesaid parties diving to said S. H. WILSON three shares & ARCH WHITE one share & (blank) BAKER & (blank) SAMSON one share and that said administrator after paying all costs & expenses of administration partition & divide the money on hand if any, giving to those entitled & report (?) filing proper vouchers showing that all the assets have been disposed of shall be discharged from his trust and the administration declared closed.

 

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

 

Wednesday November 20th 1878 court met pursuant to adjournment.

 

Page 478

 

JOSEPH W. BAINES Wednesday

admr. November 20th

Est. Wm. REECER deceased 1878

Now on this day came on to be heard the application of JOSEPH W. BAINES administrator of the Estate of Wm. REECER dec. for an order nunc pro tunc to be made in said Estate and it appearing to the court that at its September term A. D. an order was made setting aside to MRS. SUSAN REECER the surviving wife of said Wm REECER & her minor children the following property to wit.

1 Horse wagon valued at

$50.00

1 Gray Horse valued at

50.00

1 Cow & Calf valued at

20.00

1 Heifer valued at

12.00

9 Hogs valued at

27.00

2 Sows & pigs valued at

18.00

1 Iron Harvester valued at

75.00

1 Cummings Plow valued at

15.00

4 Sets Harness valued at

10.00

2 turning Plows valued at

9.00

1 Double shovel valued at

2.00

2 Double trees & 2 singletrees valued at

4.00

1 wheel barrow valued at

3.00

2 Large chains valued at

3.00

3 Hoes valued at

1.50

6 Bee gums valued at

18.00

1 Bainds (?) Cultivator valued at

10.00

1 Cook stove &c valued at

15.00

2 wash tubs valued at

1.00

2 buckets valued at

.25

1 churn valued at

1.50

1 champion washer & 2 gal. stone ware valued at

4.70

1 scalding box valued at

2.00

Shovel & tongs valued at

1.00

1 Pruning knife valued at

1.50

1 Lat old boots (?) valued at

3.00

 

Page 479

 

1 Extension table valued at

5.00

1 safe valued at

6.00

1 Doz. Plates valued at

3.00

3 large dishes valued at

1.00

1 lot cups & sauces valued at

.50

1 Bowl & Pitcher valued at

1.00

4 veg. dishes valued at

2.00

1 set tumblers valued at

.50

1 Tea Pot valued at

.50

2 Pitchers valued at

.75

1 small Pickle dish valued at

.25

2 salt cellars & 2 peper (sic) Boxes valued at

.50

1 Molasses stand valued at

.25

4 setts (sic) Knives & forks valued at

2.00

1 cheese safe valued at

1.00

1 Samp (?) & channing (?) valued at

.50

1 Clock valued at

5.00

1 Lot book valued at

10.00

1 sewing machine valued at

20.00

17 chains valued at

6.00

1 bureau valued at

5.00

1 Bed stead & bedding valued at

25.00

1 single B stead &c valued at

12.00

1 Lot pillow cases valued at

3.00

3 sheets & 5 linettes valued at

1.50

1 table spread valued at

1.00

5 table linens valued at

2.00

1 Lot comforts valued at

3.00

1 Bed stead & bedding valued at

20.00

1 Bed stead & bedding valued at

5.00

39 yds. carpeting valued at

5.00

1 small table valued at

1.50

1 looking glass valued at

.75

1 Bed stead & bedding valued at

20.00

1 shot gun &c valued at

10.00

1 Brown mule valued at

40.00

 

And that said order has not been entered upon the minutes of said court it is considered by the court that the same be entered nunc pro tunc

 

Page 480

 

…and that the said property be stricken from the inventory of the said Wm. REECER’S Estate and set apart to the sole use & benefit of the said SUSAN REECER & her minor children.

 

ATLAS WORKS Wednesday Nov.

vs. 20th 1878

G. M. WATTS This day came the plaintiff by their attorney and the defendant having failed to appear and answer in this behalf but wholly made default wherefore the said ATLAS WORKS ought to recover against the said G. M. WATTS 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 Eleven Hundred & sixty seven & 77/100 Dollars with ten percent interest , It is therefore considered by the court that the said plaintiffs do have and recover of the said defendant the sum of Eleven Hundred and sixty seven & 77/100 Dollars with interest thereon at the rate of ten percent per annum together with their costs in this behalf expended and that they have their Execution. It is further ordered that Execution issue in favor of the officers of the court against each party respectively for the costs by them in this behalf incurred.

 

Page 481

 

JACOB NAUGLE Wednesday November

vs. 20th 1878

THOS. P. T. McLEAN Now on this day this cause came on for trial and a Jury being demanded. The sheriff then return(ed) into court the following list of Jurors to wit GEO. W. FITZHUGH (pd.), LUCRECIAS GRAVES (Paid 2.00), PHIL B. PARISH (Pd.), and R. H. LOGAN (Pd.), all of whom were duly impaneled and sworn to try the above styled cause.

 

JACOB NAUGLE Wednesday November

vs. 20th 1878

THOS. P. T. McLEAN 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 L. H. GRAVES and five others who were duly impaneled and sworn and who after hearing the evidence adduced 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 after trying hard to decide this case fail to agree.”

L. H. GRAVES

It is therefore ordered and decreed by the court that this cause be continued for the next regular term of this court & that the Jury be dismissed.

 

T. M. SCOTT Wednesday November

vs. 21st 1878

J. A. CREAGER et al Ordered by the court that this cause be continued for service and that alias citation issue to J. A. CREAGER in Collin Co. & Y. S. & J. T. CREAGER in Grayson Co.

 

 

Page 482

 

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

 

Thursday November 21st 1878 court met pursuant to adjournment.

 

 

WILLIAM FAIR Thursday November

vs. 21st 1878

JAMES WILSON et al Now on this day came the plaintiff by attorney and the said defendant having failed to appear and answer in this behalf by wholly made default wherefore the said WILLIAM FAIR ought to recover against the said JAMES WILSON and J. S. HELMS 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 assess the damages sustained by said plaintiff. And the said clerk now here having assessed the damages aforesaid at the sum of Four Hundred & seventy seven & 52/100 Gold Dollars. It is therefore considered by the court that said plaintiff WILLIAM FAIR do have and recover of the said defendants JAMES WILSON and J. S. HELMS the sum of Four Hundred and seventy seven & 52/100 Gold Dollars with interest thereon at the rate of 10 percent per annum together with the costs in this behalf incurred 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 in this cause incurred.

 

Written in the margin: I hereby acknowledge to have received One hundred & ninety five dollars on foot (?) of this judgment this 13th day of May A. D. 1879. JOHN CHURCH atty. for WM. FAIR, pltff.

 

Page 483

 

J. C. BUMPASS Monday November

vs. 18th 1878

JAS. MERCER Now on this day comes JAS. MERCER the defendant in this cause by atty. and moves the court to dismiss the appeal in this cause, and the matters and things being heard and fully understood by the court it is ordered that the same be sustained and that the appeal in this cause be dismissed.

 

W. N. FLETCHER Monday November

vs. 18th 1878

D. W. LIGHT Now on this day comes the defendant and moves the court to required the Plaintiff to give security forcast (?) and the matters and things set forth in said motion being heard and fully understood by the court it is ordered that the same be sustained.

 

HENRY & ANDREWS Monday November 18th

vs. 1878

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

 

ELI CONSINOVER Monday November

vs. 21st (sic) 1878

JOHN E. CAMERON Now on this day this cause came on to [be] heard the above styled cause (sic) and a Jury being demanded 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 list of Jurors to wit HUNT (?) BOWLBY (Pd.), JOE ANDERSON (Pd.), SOL FITZHUGH (Pd.), JOHN W. WILLIAMS (Pd.) and T. L. WEBB (Pd.) all of whom were duly impaneled & [sworn].

 

Page 484

 

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

 

Friday morning November 22nd 1878 court met pursuant to adjournment.

 

SAMUEL YOUNG Wednesday November

admr. 20th 1878

Est. Wm. TEEL dec. Now on this day the administrator SAMUEL YOUNG has leave to amend his petition.

 

SAMUEL YOUNG Wednesday November

admr. 20th 1878

Est. Wm. TEEL dec. Now on this day came on to be heard the original and amended application of SAMUEL YOUNG administrator of the Estate of Wm. TEEL decd. to have the property Exempt by law from forced sale set aside to the widow and minor children of his intestate and said application being considered and in all things understood by the court it is ordered and decreed by the court that said administrator set aside and turn over to MRS. SARAH TEEL the widow of the said Wm. TEEL decd. and their minor children all the articles of property exempt by law forced and for and in kind amongst the property of said Estate and it appearing to the court that the following articles exempt by law from forced sale are not to be found in kind amongst the property of said Estate to wit One yoke of work Oxen, one wagon, one carriage or buggy, Ebrer hogs and twenty head of sheep it is ordered adjudged and decreed by the court that the administrator SAM

 

Page 485

 

YOUNG by and he is hereby authorized to pay over to said widow and minor children to sum of two Hundred & twenty dollars in lieu of the articles above stated exempt by law from forced sale and not found in kind amongst the property of said Estate in due course of administration and it further appearing to the court that two Hundred acres of land could not be accurately and distinctly designated as a homestead for said widow and children it is ordered and decreed that T. B. WILSON the County surveyor of Collin County Texas run out and survey the lands belonging to said Estate 200 acres to be used & set apart to said widow & minor children as a homestead and that he make a report of his action at the next term of this Court.

 

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

 

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

 

Ordered by the court that J. M. BENGE County Clerk be allowed the sum of twenty five Dollars for the care and preservation of the records and making indexes &c from August 20th to Nov. 20th 1878 payable out of the County Treasury.

 

Page 486

 

R. V. TOMPKINS & CO. Monday

vs. Nov. 18th 1878

J. M. STINNETT admr. Now on this day this cause was continued.

Est. J. A. STINNETT dec.

 

 

N. B. SEABOURN

vs.

 

U. G. & AMANDA LEE minors Now on this day came on to be heard the application of N. B. SEABOURN to be appointed guardian of the Estates of U. G. & AMANDA LEE minors. And it appearing to the court that notice required by law has been given, and that the said minors had accepted since on said petition it is ordered and decreed by the court that said application be granted and that letters of guardianship issue to him upon his filing a good a[nd] solvent bond in the sum of five Hundred dollars each and tak[ing] the oath prescribed by law.

 

SAMUEL YOUNG Wednesday November

admr. 20th 1878

Est. Wm.TEEL dec. Now on this day comes SAMUEL YOUNG administrator of the Estate of Wm. TEEL dec. and files his report of the sale of personal property belonging to the Estate. Ordered by the court that the same be noted on the minutes of the court as the law requires.

 

 

CATHARINE CHAPMAN Tuesday

vs. November 19/78

W. P. CHAPMAN Dec. Ordered by the court that JOSHUA GOTCHER, JOHN GOTCHER

 

Page 487

 

…and B. J. BUNDLEY be appointed appraisers of the Estate of CATHARINE CHAPMAN and W. P. CHAPMAN her deceased husband.

 

 

JOHN MARTIN Saturday Nov.

administrator 23rd 1878

Est. JESSE STIFF deceased Now on this day came on to be heard the report of T. B. WILSON, JOHN M. KINCAID and WILL N. WALLIS commissioners appointed by this court at a former day of this term to make partition to the Estate of JESSE STIFF deceased and said report having been examined by the court and it appearing to the court that the partition made by the said commissioners is fair just and impartial it is adjudged ordered and decreed that the titled to the respective tracts or parcels of land as herein after described be invested in the parties to whom said tracts have been respectively set apart by said commissioners and that all right title and interest be divested from and int. of the other joint owners and tenants in said tracts of land to JESSE STIFF JR. 61 acres situated in Collin Co. on Stiff’s Creek about 7 miles NE from McKinney and being part of a survey made in the name of JESSE STIFF Beginning in the N line of a tract sold to J. O. STRAUGHAN 4 chs. W his NE cor. a stake from which an Elm 10 in. in dia. mkd. X brs. S 12° E 239 lks Thence E 28 80/100 chs. to the center of Stiff’s Creek from which a Chinguapin oak 12 in. in dia. mkd. X brs. N. 85 W 110 lks. Thence up the center…

 

Page 488

 

…thereof in northing (?) 24 50/100 chs. and in westing (sic)13 80/100 chs. to the SE cor. of 20 acres sold to the Houston & Texas Central R. R. Co. from which a Spanish oak 15 in. in dia. mkd. X brs. N 85 W 100 lks. Thence W 15 chs. the SW cor. of said 20 acres a stake from which an Elm 10 in. in dia. mk. X brs. N. 5° W 12 lks. Thence S 24 00/100 chains to the place of beginning containing 63 acres less 2 acres used for cemetery grounds—valued at $350.00.

To JOHN MARTIN 74 2/3 acres Beginning at a stake in White Rock Point the same being the SE corner of 50 acres sold by JESSE STIFF to HARRISON STIFF from which a chimquapin oak 8 in. in dia. mkd. X brs N 6° W 88 lks. and a Spanish oak 5 in. in dia. mkd X brs. N 3/4° W 144 lks. Thence S at 13 50/ chs. passes the SW corner 20 acres sold to the H. & T. C. R. R. Co. south in all 38 chs. a stake from which an Elm 15 in. in dia. mkd. X brs. S 12° E 239 lks. Thence W 19 60/100 chs. a stake Thence N 38 chs. to a stake in the S line of the aforesaid 50 acres from which an ash 15 in. in dia. mkd. X brs S 15° W15 lks. Thence E 10 60/100 chs. to the place of beginning containing 74 2/3 acres valued at $525.00.

To JESSE MARTIN 67 1/3 acres Beginning In the W line of the STIFF survey at the SW cor. of 50 acres sold to HARRISON STIFF from which a pecan 5 in. in dia. mkd. X brs. N 42 1/2° E 107 lks. Thence E 21 chs a stake from which an ash 15 in. in dia.mkd. X brs. S 15° W 15 lks. Thence S 38 chs. a stake in the N line of a tract sold to J. O. STRAUGHAN Thence W 13 70/100 chs. a stake the SE cor. of 12 ½ acres sold to W. N. WALLIS from which an Elm marked W…

 

Page 489

 

…brs. N 60° W 47 lks. Thence N 17 19/100 chs. to WALLIS NE cor. from which an Elm mkd. VV brs. S 50’ W 46 lks. Thence W 7 27/100 chs. his NW cor. a stake from which an Elm mkd. X brs. S 81° E 295 lks. Thence N 21 chs. to the beginning containing 67 1/3 acres valued at $525.00.

And it further appearing to the court that there is in the hands of JOHN MARTIN administrator of said Estate certain monies belonging to said Estate it is ordered that said administrator pay over to the parties entitled thereto their respective interest in said money, after first paying their attorneys fees and cost of court, in proportion to said interests as is established by an order of this court at its present term—taking their receipts for the money so paid and that he make a report his action at the next regular term of this court.

 

J. M. TUCKER Nov. 21st 1878. Now on this day came on to be

admr. heard the report of J. M. TUCKER administrator of

Est. H. H. TUCKER dec. the Estate of H. H. TUCKER decd. of the sale of the lands herein after described to JOHN JOHNSON at private sale for cash the sum of five Dollars per acre to wit situated in Collin County part of the L. B. HAMM survey Beginning in the N line of said survey from which its NW cor. brs. W 22 75/100 chs. an Elm 12 in. in. dia. mkd. X brs. S 44 ° W 10 chs. Thence E 17 02/100 chs. a stake from which a dead bris d’arc 10 in. in dia. mkd. X brs. S 20° E 29 chs. Thence S 19 chs. to center of East…

 

Page 490

 

…Fork from which a Spanish oak 12 in. in dia. mkd. X brs. N 50 chs. Thence up the same in the centre in westing 7 37/100 chs. & northing 1 ch. Thence N to the N. Bank in westing 9 65/100 chs. & northing 10 chs. a stake on N. margin of creek from which an Elm 15 in. in dia. mkd. X brs. N 75° W 30 chs. Thence N 8 chs. to the beginning containing 29 ¾ acres, and it appearing to the court that the same sold for its reasonable cash value. It is ordered adjudged and decreed that said sale be in all things approved & confirmed and said administrator make execute & deliver to said JOHNSON a deed therefor upon his paying to him the purchase money.

 

JOS. W. BAINES Saturday Nov. 23/78

admr.

Est. WM. RECER (sic) dec. Now on this day came on to be heard the report of T. B. WILSON county surveyor of Collin County of a survey of the homestead of MRS. SUSAN REECER surviving wife of WILLIAM RECER (sic) dec. out of the Real Estate of said WM. REECER land (?) situated in the Western part of Collin Co. on the waters of Elm and being part of three surveys made in the names of LEWIS McNEAL, Wm. WALKINS & NORRIS AUSTIN and Beginning at the SE cor. of the WALKINS survey a large stone Thence E 5 chs. a stake from which an Elm XX brs. W 18 lks. Thence N 12 54/100 chs. a stake in old road from which an Elm 12 in. in dia. mkd. X S 76 1/2° E 296 lks. Thence W 60 chs. a stake Thence S 12 54/100 chs a rock Thence W 25 chs. a rock the SW cor. of the WATKINS survey Thence S 5 50/100 chs. a…

 

Page 491

 

…stake Thence S 56° E 21 chs. a stake thence S 60 1/2° E 4 06/100 chs. to a corner in branch Thence S 78° E 18 chs. a stake Thence N 65° E 27 chs. a stake Thence N 80° E 17 56/100 chs. Thence N 9 chs. to the beginning containing 200 acres. 124 ¾ of that LEWIS McNEIL, 6 ¼ acres of that NORRIS AUSTIN, & 68 ½ of that Wm. WATKINS surveys, and it appearing to the court that the said report was made in conformity to an order of this court at the September term thereof and that the same had been fairly made & in accordance with law it is considered by the court that the same be approved and in all things conformed and that the said lands be stricken from the inventory of the said Wm. REECER and set apart to the use and benefit of the said widow & minor children.

 

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

 

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

 

W. N. FLETCHER Wednesday Nov. 20th

vs. 1878

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

 

HALTER & OSBOURNE Monday November

vs. 18th 1878

HUNTER & LEE Now on this day Plaintiffs have leave to file their first supplemental petition.

 

Page 492

 

 

HALTER & OSBOURNE Monday November

vs. 18th 1878

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

 

Community Estate Tuesday November

of 26th 1878

CATHARINE & W. P. CHAPMAN Now on this day comes CATHARINE CHAPMAN and files an inventory of the community property belonging to herself and her deceased husband and it appearing to the court that the same is in all things correct & that it contains a true list of all…

 

Page 493

 

…property belonging to said Estate, it is ordered that the same be approved and recorded.

 

Ordered that court adjourn until tomorrow morning 9’clock.

 

Tuesday morning November 26th 1878 court met pursuant to adjournment.

 

IRA P. HOWARD Monday November

admr. 18th 1878

Est. E. B. HOWARD dec. Now on this day comes IRA P. HOWARD and begs leave of the court to purchase a tombstone for the grave of said decedent payable out of the Estate and the matters and things being fully understood by the court it is ordered that the same be granted.

 

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

 

Wednesday morning November 27th court met pursuant to adjournment.

 

S. L. McBRIDE Monday November

vs.. 25th 1878

JESSE SHAIN Now on this day plaintiff have leave to amend.

 

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

 

Saturday morning November 30th 1878 court met pursuant to adjournment.

 

Page 494

 

S. L. McBRIDE Tuesday November 26th

Vs. 1878

JESSE SHAIN Now on this day comes the defendant in the above cause and excepts to the original petition of plaintiff, which being fully understood by the court was overruled to which ruling defendant Excepts.

 

S. L. McBRIDE Tuesday November 26th

vs. 1878

JESSE SHAIN Now on this day comes the plaintiff in the above styled cause and Excepts to the defendant’s answer which being heard and fully understood by the court it is ordered that the same be overruled to which plaintiff excepts.

 

 

S. L. McBRIDE Wednesday November 27th

vs. 1878

JESSE SHAIN Now on this day this cause came on to be heard and the parties by their attorneys appeared and announced themselves ready for trial and a Jury being waived and the matters and things as well as the facts as of law were submitted to the court, who after hearing the evidence adduced & argument of counsel—gave Judgment for the plaintiff. It is therefore ordered and decreed by the court that the Plaintiff S. L. McBRIDE do have and recover of and from the defendant JESSE SHAIN the sum of Eighty six & 40/100 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 in favor of the officers of the court against each party respectively for the cost by them incurred.

 

Written in margin: I hereby transfer and assign all my interest in the within Judgment of S. L. McBRIDE vs. JESSE SHAIN to HENRY A. FINCH. McKinney Dec. 2nd 1878. S. L. McBride.

 

Page 495

 

Written at top of page: Receive of JESSE SHAIN $89.65 principal & interest of the within Judgment May term ’79.

 

S. L. McBRIDE Wednesday November 27th

vs. 1878

JESSE SHAIN Now on this day comes the plaintiff in this cause and presents his motion for a new trial, which being heard and understood by the court was overruled to which ruling Plaintiff and defendant both Except and Give notice of appeal to the court of appeals.

 

SAMUEL YOUNG Saturday November

admr. 30th 1878

Est. WILLIAM TEEL dec. Now on this day came on to be heard the application of SAMUEL YOUNG administrator of the Estate of WM. TEEL dec. for an order to sell the personal property belonging to said Estate and said application being heard and fully understood by the court & it appearing to the court that it would be beneficial to said estate for the personal property to be sold it is ordered adjudged and decreed by the court that the administrator as aforesaid be and he is hereby authorized to sell at public sale all the personal property belonging to said Estate on Saturday the 14th day of December 1878 at the residence of the late Wm. TEEL about a mile & a quarter north of Lebanon Collin County Texas on a credit of six months with approved security and that said administrator make a report of his action in the matter at the next term of this court.

 

Page 496

 

SAMUEL YOUNG Saturday November

admr. 30th 1878

Est. WILLIAM TEEL Now on this day came on to be heard SAMUEL YOUNG administrator of the Estate of Wm. TEEL report of sale or personal property belonging to said Estate. Ordered by the court that the filing of the same be noted on the minutes of the court and that the same be continued to next term of court f[or?] approval.

 

COMMUNITY EST. Monday Nov.

of 30TH 1878

CATHARINE & W. P. CHAPMAN Now on this day comes CATHARINE CHAPMAN and files her bond in the sum of Thirty Seven [Thirty-six?] Hundred dollars in the Community Estate of herself and her deceased husband W. P. CHAPMAN deceased 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.

 

ELI COUSINEAU Saturday November

vs. 23rd 1878 Now on this day this cause comes on to

JOHN & ALICE CAMERON be heard and the parties appearing by their attorneys…

 

Page 497

 

…and announced themselves ready for trail and a Jury being demanded then came a Jury of six good and lawful men to wit E. H. BOWLBY and five others who were duly impaneled and sworn and who after hearing the defendants plea of not guilty the evidence argument of counsel and charge of the court retired to consider their verdict and after mature deliberation returned into court the following report to wit “We the Jury find for the plaintiff and assess the damage at $59.00. E. H. BOWLBY Foreman

And it appeared that the defendant J. E. CAMERON & ALICE CAMERON as principal 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 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 COUSINEAU do have and recover of and from the defendants JOHN E. and ALICE CAMERON and JOHN P. HUNTER as surety on said bond the sum of fifty nine Dollars with interest from date at the rate of 8 % per annum 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 party respectively for the cost by them in their behalf incurred.

 

ELI COUSINEAU Wednesday November

vs. 27th 1878

JOHN & ALICE CAMERON

 

Page 498

 

Now on this day came on to be heard deft’s notion for a new trial, there upon plaintiff in open court entered a release of his Judgment as to MRS. ALICE CAMERON on of the defts. in this suit & the matters & things in defts.’ motion being considered by the court it is ordered that said motion be over ruled and that defendant ALICE CAMERON go hence without day & that she do have & recover from plff. her costs in this behalf expended for which let execution issue.

 

CLERK’S REPORT

 

Now on this day J. M. BENGE Clerk of the County Court and makes the following report of money collected & disbursed by him since his last report and the names of each Juror who have served at the present term of this court and the no. of days served and the amount due each.

 

Names of Jurors

No. of days

Amt. due

JOHN MARTIN

3

6.00

WALTER MUSE

3

6.00

R. R. SMART

5

10.00

G. W. FITZHUGH

1

2.00

LUCRECIUS GRAVES

1

2.00

P. B. PARISH

1

2.00

R. H. LOGAN

3

2.00

H. BOWLBY

3

6.00

JOE ANDERSON

3

6.00

S. FITZHUGH

3

6.00

J. W. WILLIAMS

3

6.00

F. L. WEBB

3

6.00

 

I have received and disbursed no money since my last report and on hand last report $4.40 and that I issued script on the County Treasurer to each of the above named Juror…

 

Page 499

 

…for the amount due them, all of which is respectfully submitted.

J. M. Benge Clerk

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

 

Ordered that court adjourn till court in course.

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 the
County of Collin City of McKinney on Monday Jany. 20
th 1879 (It being the 34d Monday there of) a regular term of the County Court of Collin County for Civil and probate business present and presiding Hon. T. C. GOODNER Co. Judge, Wm. WORDEN sheriff, and J. M. BENGE clerk when the following proceeding were had to wit,

 

Now on this day comes the sheriff of Collin Co. and returns into court the Jury list selected by the Jury commissioners to serve during the first week of this term of the court all of whom failed to appear and were Excused Except JAMES P. DOWELL and JOHN ORENDUFF the court then ordered the sheriff to summon a sufficient number of good and lawful men to fill the vacancies the sheriff then returned into court the following list of names to wit ROBERT GARNETT, JOHN DUGGER, T. P. BRIGLEY (?) and JOHN BEUTON and of whom were duly impaneled and sworn.

 

Page 500

 

W. H. HUFFMAN Monday Jany.

Guardian 20th 1879

Est. CARRIE HUFFMAN Now on this day came on to be heard the petition of W. H. HUFFMAN guardian of the Estate of CARRIE HUFFMAN a minor for the sale of sixty acres of land in the M. SEA survey and described as follows, Beginning at the NW corner thereof from which an Elm 10 in in. dia. mkd. X brs. S 45° E 40 lks. Thence S 14 chs. 246 lks. a stake Thence W 41chs & 51 lks. a stake Thence N 14 chs. & 50 lks. a stake in north line said survey Thence East 41 chains & 50 lks. to the beginning and it appearing to the court that citation had been published in the McKinney Advocate a newspaper published in Collin County for four successive

Weeks prior to the present term of this court directing all persons interested in said minor’s Estate to show cause who said sale should not be made & that said minor has no incontrances (?) aning (?) from her Estate sufficient for education & main tenancies. It is therefore considered by the court that said petition be granted and that the said HUFFMAN guardian as aforesaid be directed to sell the said land at private sale for cash and report the sale to this court for its approval.

 

R. V. TOMPKINS & CO. Monday

vs. January 20th

J. M. STINNET admr. 1879

Est. J. A. STINNET dec. Now on this day this cause was continued by Plaintiff.

 

Page 501

 

J. M. STUART Monday January

admr. 20th 1879

Est. JAMES STUART Now on this day comes J. M. STUART administrator of the Estate of JAMES STUART deceased and presented his written report of the sale of the after described land belonging to his decedent’s estate and it appearing to the court that said report of sale was duly sworn to by the said administrator aforesaid as required by law and it further appearing to the court that one R. M. BAKER is the purchaser there of for the sum of nine Hundred Dollars and that said amount is the Just and full value of the after described land and that said sale was fairly made in conformity to an order of this court entered at the former term there of said report of sale is hereby confirmed and it is adjudged ordered and decreed that J. M. STEWART (sic) administrator as aforesaid do make to BAKER the purchaser a deed to the following described tract or parcel of land to wit in Collin County on the waters of the E. Fork of the Trinity apart of a survey of 640 acres of land made in the name of ZACHARIAH ROBERTS & Beginning at the NW corner thereof a stake from which an Elm 12 in. in dia. mkd. R brs. N 16° 30’ W 5 lks. Thence south with W line thereof 26 chns. & 66 lks. to stake from which a hackberry 6 in. in dia. marked ┼ [no typed symbol available] brs. N 80° E 15 lks. & a hackberry 6 in. in dia. mkd…

 

Page 502

 

…┼ brs. S 80° E 15 lks. Thence E 25 chs. a stake in small branch from which a chitin 7 in. in dia. mkd. ┼ brs, B 28° W 12 lks. Thence N 26 chs. & 66 lks. to bois d’arc stake in N line of the ROBERTS survey Thence W 25 chs. to the beginning containing 66 2/3 acres (ver 9° 30’) upon said BAKER paying over to said administrator the sum of five Hundred dollars cash and making his note payable on the 20rh day of December next with good personal security for the sum of four Hundred dollars the balance of the purchaser money unpaid and said administrator is required by law to take a mortgage on the land hereby ordered to be conveyed to secure the unpaid portion of the purchase money.

 

D. M. STIMSON Monday January

Guardian 20th 1879

RICH and ROBERT STIMSON minors Now on this day comes D. M. STIMSON and files his bond as guardian of the Estates of RICH and ROBERT STIMSON minors, for approval and it appearing to the court that the same if a good and solvent bond it is approved and recorded.

 

S. R. HAMILTON Monday Jany. 20th

Guardian 1879

Est. THOS. HARTNESS Now on this day comes S. R. HAMITON Guardian of the Estate of THOS. HARTNESS a minor and…

 

Page 503

 

…files his bond as such for approval 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. K. LANGHAM Monday

Gdn. Jany. 20th

Est. WM. LANGHAM et als minors 1879

Now on this day comes J. K. LANGHAM Guardian of the Estates of WILLIAM LANGHAM et als minors and files an annual Report of the condition of said Estate and it appearing to the court that the law requires the same to be laid over one term of the court—it is ordered that the same be continued.

 

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

 

Tuesday Morning 9 o’clock Jany. 21st 1879 court met pursuant to adjournment.

 

J. M. BENGE Tuesday January

admr. 21st 1879

Est. BUFORD & MARY F. HENRY dec’d. Now on this day came on to be heard the application to divide and partition a portion of the real Estate belonging to the Estate of BUFORD AND MARY F. HENRY dec. as set forth and described in Exhibit A, B, C, D, attached to petitioners petition and filed in said cause came on to be heard and it appearing that the said CHARLES P. HENRY had duly…

 

Page 504

 

…accepted since said petition by his duly constituted attorney in fact G. W. CAMERON and the said LAURA WALKER and her husband W. J. WALKER, VIRGINIA H. HENRY, MARCUS L. HENRY and ARTHUR HENRY have also accepted since of said petition nine of said persons appearing and making apposition to the relief therein prayed for and it appearing to the court that the said J. M. BENGE, CHARLES P. HENRY, VIRGINIA HENRY, LAURA WALKER, W. A. HENRY, MARCUS L. HENRY & ARTHUR HENRY were sons and daughters of the said BUFORD & MARY F. HENRY and as such their only heirs at law. And it further appearing that the said W. A. HENRY has since the death of the said BUFORD HENRY & MARY F. HENRY departed this life intestate unmarried (?) and without issue and that his above named brothers & sisters are his only heirs at law and further that said W. A. HENRY is not indebted except in such sums as his said brothers and sisters are willing to assume and pay off and that there is no necessity for administration on the estate of the said W. A. HENRY and it further appearing that there is enough funds in the hands of J. M. BENGE administrator of said Estate to pay off and discharge all indebtedness existing against said Estates and also to make equal all the heirs of said BUFORD & MARY F. HENRY that may have been advanced with those who have not been advanced or advanced equally with all the others. It is therefore…

 

Page 505

 

…considered ordered and adjudged by the court that said land described in plaintiffs petition & the Exhibit there to attached including the land belonging to the Estate of the said W. A. HENRY by petition and set forth as prayed for. That is to say that one sixth of said land taking into consideration quality and quantity be partitioned & allotted to the said S. M. BENGE wife of J. M. BENGE. That one sixth taking into consideration quality and quantity be portioned and allotted to the said C. P. HENRY. That one sixth taking into consideration quality and quantity be portioned and allotted to the said LAURA WALKER, wife of W. J. WALKER. That one sixth taking into consideration quality and quantity be portioned and allotted to the said VIRGINIA HENRY. That one sixth taking into consideration quality and quantity be portioned and allotted to the said MARCUS HENRY. And that one sixth taking into consideration quality and quantity be portioned and allotted to the said ARTHUR HENRY. And to that end that JOHN S. HEARD, GREGG WHITE, GEORGE A. WILSON & THOS. B. WILSON be and the same are hereby appointed commissioners to lay off, divide, partition and allot said land as herein before directed and that they make report of the same to the present term of this court and that the estimated value of the portion allowed to each of said person & fully describe the same.

 

Page 506

 

J. M. SALMONDS Tuesday January 21st

Guardian 1879

C. J. SMITH minor Now on this day came on to be heard the petition of J. M. SALMONDS guardian of the Estate of C. J. SMITH a minor to resign and it appearing to the court that due notice of said application had been given by citation published in the McKinney Advocate a newspaper published in Collin County for three successive weeks prior to the present term of this court and it further appearing to the court that the said SALMONS (sic) guardian as aforesaid has accounted for all the Estate of the said minor according to law his final Exhibit being presented examined and approved by the court. It is therefore considered by the court that the said SALMONS (sic) guardian as aforesaid is hereby directed to deliver the remainder of said minor’s Estate in his hands to JOS. W. BAINES who is hereby appointed guardian of said minor’s Estate and the said BAINES having given bond & taken the oath required by law the said SALMONS presented the receipt (?) of the said BAINES showing that he had received the said ward Estate. It is further considered by the court that the said SALMONS be permitted to resign his trust & is hereby charged.

 

J. M. SALMONS Tuesday January

Guardian 21st 1879

Est. M. M. A. SMITH a minor Now on the day came on to be heard the petition of J. M. SALMONS guardian of the Estate of M. M. A. SMITH a…

 

Page 507

 

…a minor to resign and appearing to the court that due notice of said application had been given by citation published in the McKinney Advocate newspaper published in Collin County for three successive weeks prior to the present term of this court and it further appearing to the court that the said SALMONS guardian as aforesaid has accounted for all the Estate of the said minor according to law his final Exhibit being presented, Examined and approved by the court that the said SALMONS guardian as aforesaid is hereby directed to deliver the remainder of said minor’s estate in his hands to JOS. W. BAINES who is hereby appointed guardian of said minor’s Estate and the said BAINES having given bond & taken the oath required by law, the said SALMONS presented the receipt of the said BAINES showing that he had received the said ward’s Estate. It is further considered by the court that the said SALMONS be permitted to resign his trust & is hereby discharged.

 

JOS. W. BAINES Tuesday January

Guardian 21st 1879

C. J. SMITH a minor Now on this day comes JOSEPH. W. BAINES guardian of the Estate of C. J. SMITH a minor and files his bond as such for approval 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 508

 

JOS. W. BAINES Tuesday January

Guardian 21st 1879

Est. M. M. A. SMITH a minor Now on this day comes JOSEPH W. BAINES guardian of the Estate of M. M. A. SMITH a minor files his bond as such for approval 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.

 

S. COFFEY Monday January

Guardian 21st 1879

Est. MARY REAGAN a minor Now on this day came on to be heard the final Report of S. COFFEY guardian of the Estate of MARY REAGAN a minor and his application to be discharged from his administrational trust & it appearing that said minor has arrived at full age & said Estate is fully administrated. And it appearing to the court that notice required by law has been given it is ordered that the same be approved and that said Guardian be discharged upon his filing vouchers showing all the Estate in his hands disposed of.

 

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

 

Wednesday January 22nd 1879 court met pursuant to adjournment.

 

F. MITCHELL & BRO. Wednesday January

vs. 22nd 1879

E. P. ELDRIDGE Now on this day came on to be heard the above cause & thereupon came the Plaintiffs F. MITCHELL & S. C. MITCHELL composing the firm (?)…

 

Page 509

 

…of F. MITCHELL & BRO. and the defendant E. P. ELDRIDGE came not but wholly made default & it appearing to the court that said defendant has been regularly served with process & that plffs. cause of action is liquidated upon an instrument of writing it is ordered that the clerk of this court do assess the damages and the clerk having assessed the damages at the sum of five hundred twenty seven & 20/100 Dollars It is ordered adjudged & decreed by the court that Plffs. F. MITCHELL & BRO. have & Recover of & from defendant E. P. ELDRIDGE the said sum of five hundred twenty seven & 20/100 Dollars with Eight per cent interest and all costs of suit in this behalf incurred. And it appearing to the court that the plaintiffs interested into a bond for the costs in this cause with F. EMERSON as surety in the sum of fifty Dollars, it is ordered that execution issue and that Execution issue against each party respectively for the costs by them in this behalf incurred & against T. EMERSON as surety on said cash bond. And it further appearing to the court that on the 14th day of December 1878 a wit of allotment (?) was issued in this cause and levied upon the following described goods, wares & merchandise, property of defendant, to wit.

 

240 1/3 yds. calico damaged

2 ¾

$6.60

93 yds solid Linsey

11 ½

$10.69 ½

266 yds. Solid Linsey

11 ½

$30.59

99 1/3 yds. Ticking

12 ½

$12.41 2/3

 

Page 510

 

33 yds. Canton Flannel

6 ½

$2.14 ½

52 yds Quilt Lining 3/4

3 ½

$1.82

128 ½ yds. Quilt Lining 4/4

4

$5.14

167 yds. Langley H. 7/8 domestic

5

$8.35

112 yds. Lake Genge 4/4 domestic

6

$6.72

94 yds Langley 4/4 domestic

64

$6.164

105 cashmere

45

$47.25

51 yds. Weeds (?)

27 ½

$14.02 ½

80 yds. Waterproof

52 ½

$40.00

22 ½ yds. Denims

82

$1.80

18 yds. Caltmade (?)

8

$1.44

27 yds. Chertoh (?)

72

$2.022

3 ¾ yds. Linsey

112

$.422

130 yds. Doe skin Jeans

302

$39.00

277 yds. Cotton Jeans

142

$40.162

15 yds. Kersey

.125

$1.87

8 Prs. White Blankets

2 .75

$22.00

20 skirts

50

$10.00

24 shawls

1.25

$30.00

75 yds. Chambray

104

$7.682

20 yds. Prints

5

$100

6 Doz. Towels

1.25

$7.50

75 yds. White Flannel

19

$14.25

53 yds Red Flannel

19

$10.07

7 yds. Orange Flannel

19

$1.33

9 yds Figined (figured?) Flannel

20

$180

40 yds. Checked Flannel

22

$880

12 yds. C (?) Flannel

7 ½

$90

211 yds. Dress goods

10

$2110

35 yds 10/4 sheeting from (or brown)

18

$630

130 yds. Cambric

42

$585

200 yds. Pass

5

$1.00

30 yds. Buckman (or Buckram)

5

$1.50

11 white Quilts

1.00

$22.24

60 yds. Irish Linen

37

$22.00

12 Doz. Men’s Hose

1.00

$12.00

3 lbs. Yam

80

$2.40

2 ½ Doz. Boy’s Hose

50

$1.25

1 ½ Doz. Men’s Gloves

1.00

$1.25

124 yds. crash

6 1/2

$8.06

 

Page 511

 

12 yds. Linen

30

$3.60

20 yds. Duck

122

$2.50

20 ½ yds. Velveteen

20

$4.10

15 yds Beached domestic 7/8

5

$. 75

2 Reams writing paper

1.00

$2.00

1 Doz. Towells (sic)

1.25

$1.25

1 ½ Suspenders

1.50

$1.25

1000 Envelopes

1.25

$1.25

2 Ladies Socks

.50

$1.00

½ gr. Playing cards

12.00

$6.00

4 Doz. Pass books

65

$2.60

3 Receipt books

25

$ .75

106 Boxes Buttons

6

$636

8 yds Bobnit

10

$ 80

100 yds. Jacknet

8 ½

$8.50

18 yds Jacknet Edging

75

$13.50

15 yds Nansook

8 1/2

$1.27

40 yds. Swiss muslin

92

$360

40 yds. Victoria Lawn

10

$400

40 yds. Bispop (or Bisposs)

10

$150

3 lbs. Yand

80

$240

33 pcs. Velvet Ribbon

12

$396

96 yds veil Berage

20

$19.60

12 yd. Elastic

5

$60

½ yd. Vail

3.00

$7.50

25 ppc. Ribbon Cotton

15

$405

11 Doz. Bindings

20

$220

2 Doz. Panky Hairpins

10

$ 20

20 pcs. Cotton Lace

15

$ 300

3 Doz. Pearl Buttons

10

$ 30

8 Doz. Dressing combs

75

$600

4 Doz. Fine Combs

75

$300

3 gross coat Buttons

70

$210

27 Doz. Ladies Hose

90

$24.30

31 Pcky.(?) Botting

6

$1.86

1 Doz. Misses Wool Hose

2

$200

1 ½ Misses Cotton Hose

60

$90

5 Gross dress Buttons

40

$350

2 gr. gr. Brass Buttons

1.50

$3.00

½ gr. gr. Colored agate Buttons

75

$37 ½

 

Page 512

 

15 Pc. Fringe

.15

$2.25

4 Box Pins

.40

$1.60

2 gr. star Braid

.12

$ .24

3 Doz. Ladies Kid Gloves

4.00

$2.00

3 Doz. Gents Kid Gloves

5.50

$5.50

21 G[ross] Hooks & Eyes

.75

$ .75

2 Gross Rice Buttons

1.00

$200

9 Pkg. Tepry (?)

.18

$162

1 ½ lbs. cold yarn

.80

$200

½ gr. wool scrarfs (sic)

1.50

$75

7 ½ gr. Hoods

2.50

$1875

17 Mubias (?)

2.50

$42.50

50 Boxes papers Collars

6

$300

1 lbs. Knitting cotton

.40

$80

1 Doz. Cold Gloves

1.00

$100

1 Doz. Money books

1.00

$200

6 Doz. Lead pencils

.40

$240

½ Doz. Ivory Buttons

.60

$300

47 Ladies & Misses Hats

.25

$11.75

2 box Buckles

.40

$.80

3 prs. Lds. Buck Gloves

.25

$ .75

10 Box Flax Thread

.25

$250

9 Box sewing silk

.40

$360

120 Box Handkerchiefs

.80

$16.00

10 Box Belts

.50

$950

3 Box shirt fronts

.75

$225

40 Doz. Spool Cotton

.40

$16.00

37 Box Lily white

3

$111

17 Box Thimbles

.122

$2122

1 Box Brushes tooth

.40

$40

2 Cloth Brushes

.20

$75

33 silk Bows

2

$40

7 Pkgs. soup

.122

$872

1 Box shoe strings

.15

$15

1 Box corsets

.20

$20

1 2/2 Doz. Scarfs (sic)

3 ½

$4.75

15 ½ Doz. Silk ties

200

$31.00

11 ½ Doz. Tucking cumbs (?)

2.50

$28.75

 

 

Page 513

 

3 Ladies scarfs (sic)

.25

$.75

3 Collars

.10

$.30

6 Collars

.10

$.60

1 Doz. Sett [set] Buttons

.75

$.75

½ Doz. Sett [set] Jewelry

1.00

$1.00

2 Pr. Gloves

.25

$.50

5 Looking glasses

.10

$.50

15 ½ Doz. Chenott (?) Shirts

5.00

$77.50

3 1/3 Doz. White Shirts

7.50

$30.00

17 ½ Doz. Under Shirts

4.50

$78.75

1 ¼ Doz. Drawers

4.50

$5.622

10 ½ Doz. Wool Shirts

5.00

$52.50

2 1/6 Doz. Drill Drawers

3.00

$6.50

2/3 Doz. Cotton shirts

3.00

$2.00

1 Doz. Undershort (?)

4.00

$4.00

1 ¼ Doz. Gents Gloves

3.00

$3.75

1 1/3 Doz. Pair Childs shoes

.40

$6.40

14 Doz. Pair Misses shoes

.90

$12.60

65 pair La Calf & Kid shoes

1.00

$65.00

18 Doz. La Large shoes

.90

$16.20

10 pair Misses Kid shoes

.80

$8.00

13 pair Large shoes

.60

$7.80

9 wool Hats

4.00

$36.00

7 wool Hats

4.00

$28.00

5/2 Doz. Wool Hats Boys

3.50

$19.25

9 Doz. Plush Hats

9.00

$81.00

11 Collin coats

.25

$2.75

18 satinet coats

1.75

$31.50

5 Jeans coats

1.00

$5.00

11 Prs. Satinet Pants

1.00

$11.00

2 white vests

.50

$1.00

2 Lot (?)

.60

$1.20

15 Prs. Mens Brogans

1.00

$15.00

8 Prs. East line Boots

1.75

$14.00

4 Prs. Old Pike Boots

1.75

$7.00

12 Prs. Red River Boots

1.75

$21.00

2 Prs. Rover Boots

1.75

$3.50

1 Prs. Turkey Russia

2.50

$2.50

1 Prs. No brand Boots

2.00

$2.00

10 Prs. Red River Boots

1.75

$17.50

 

Page 514

 

15 Prs. Kip Boots

1.75

$26.25

4 Prs. Bngs. Boots

1.25

$5.00

5 Prs. Childs Boots

.60

$3.00

8 Prs. Youth Brogans

.60

$4.80

17 Prs. Misses Peg shoes 11 to

21.00 (?)

 

28 Prs. Boys Brogans 1 to

5.75

 

7 Prs. Peg gaiters

1.00

$7.00

4 Prs. Buff shoes

1.25

$5.00

16 Prs. Boys Brogans

.75

$12.00

15 Prs. Boys Brogans

.80

$12.00

15 Prs. Ladies shoes

.50

$7.50

20 Prs. Misses Buffpegged

.62 ½

$12.50

42 Prs. Ladies pegged 3-7

 

$42.00

6 Prs. Childs Kip

.35

$2.10

33 Prs. Misses Kip shoes

.65

$21.40

6 Prs. La. Kip Shoes

1.00

$6.00

15 Prs. Calf boots

2.25

$33.75

11 Hats Job Lot

.50

$5.50

5 Zink tucks (trucks?) 26

2.25

$11.25

2 Zink tucks 28

2.75

$5.50

9 Paper tucks

1.75

$15.75

20 Prs. Buff shoes

.622

$12.50

12 Umbrellas

.50

$6.00

11 Prs. Kip Ladies shoes

.87 1/2

$97.12

4 Box Gilch Edge tobacco 96 #

.54

$51.84

3 Box slentuy tobacco 78 #

.54

$42.12

5 Caddies Nettie twist tobacco 98½ #

.43

$42.35

1 Box Roanoke twist tobacco 30 #

.60

$18.00

1 Box Rector tobacco 63 #

.46

$28.98

4 Box Bray Flavor tobacco 199 ½

.41

$81.79 ½

2 cases Sunlines

.13 ½

 

5 grs. No. 1 matches

2.20

$11.00

2 cases 6 oz. Snuff

15.60

$31.20

2 cases concentrated Lye

3.75

$7.50

7 Boxes Starch 316 #

4

$12.64

5 Boxes Cowles 200 #

12 ½

$25.00

½ gross 2 oz. bluing

1.75

$4.75

1 case soda 60 #

4

$2.40

5 cases 1# Oyster 20 Dry

.50

$10.00

 

Page 515

 

4 Box 4- crackers 120 #

5

$6.00

2 Box 3- crackers 65

4 ½

$2.92

1 Box Ganlen seed

11.00

$11.00

1 Box cracker 3x 32#

42

$1.44

6 cases 1 Ph. Pickles 10 Day

1.00

$10.00

3 cases 1 qt. Pickles 3 Day

2.25

$6.75

2 cases ½ gal. Pickles 2 Day

3.75

$7.50

1 case 1 qt. peper (sic) sauce 1

1.00

$1.00

1 case 1 Ph. peper (sic) sauce 2

.85

$1.70

3 cases concentrated Lye

3.75

$3.75

1 cases Salmon 4

1.75

$7.00

3 cases tomatoes 6

1.20

$7.20

1 Box candy 30#

12 ½

$3.75

10 Bbls. Coffee C Sugar 3044#

9 1/3

$284.10

1 Bbl. Comm. C. Sugar 317#

8

$25.36

2 Bbl. Coffee A Sugar 585#

10

$58.50

1 Bbl. Coffee B Sugar 305#

8

$24.40

6 Bbl. Irish potatoes

2.70

$18.20

1 Bbl. Coffee A sugar 323#

10

$32.32

½ Bbl. Peach Brandy 29 gal.

1.50

$34.25

½ Bbl. Apple Brandy 23 gal.

1.50

$34.50

½ Bbl. Pickles 3.75

 

$3.75

2 Bbl. White whiskey bbs.

1.00

$2.00

1 Bbl. Bourbon whiskey 51 gal.

1.80

$91.80

1 Bbl. Back Run bourbon whiskey 47 gal.

1.50

$70.50

1 Bbl. White wheat whiskey 45 gal.

1.25

$56.25

1 Bbl. BR Old Rye whiskey 47 gal.

1.55

$72.85

3 Bbl. Snow White whiskey 156 gal.

1.55

$241.80

1 Bbl. Golden Home whiskey 44 gal.

1.30

$83.60

1 Bbl. Old White Wheat 47 gal.

1.25

$58.75

1 Bbl. F. Molasses 88 gal.

38

$33.44

225 lbs. Bacon

6

$13.50

5 Keg soda

3 ¾

 

6 sacks Coffee 800#

17

$136.00

2 Boxes India soap 120#

5 ½

$6.00

13# Rector tobacco Broke (?)

42

$5.46

26# Jackson’s Best tobacco

58

$15.08

24# Gilch Edge tobacco

50

$12.00

43# Jackson’s Best tobacco

58

$24.94

18# Net Leaf Cadluli (?) tobacco

65

$11.70

 

Page 516

 

5# Dutch Caddie Baker (?)

50

$2.50

6# twist cheap Caddie Baker

40

$2.40

9# Roanoke Caddie Baker

58

$5.22

26# Rector Caddie Baker

42 ½

$11.05

20# Morrissa twist Baker

48

$9.60

7# Bright twist Baker

42

$2.94

34# Morrisa Baker

48

$15.12

8 Boxes Londras cigars 100

2.50

$20.00

2 Boxes Bens Prize cigars 100

3.00

$6.00

2 Boxes Renia Victoria cigars 100

2.50

$5.00

67 ½ Boxes Reglia Retina cigars 50

27.50

$27.50

39 ½ Boxes After Dinner cigars 50

40.00

$40.00

30 ½ Boxes Royal Seal cigars 50

50.00

$50.00

192 Boxes Inter ___ cigars 50

55.00

$50.00

1 Box Temp cigars 100

100

$1.00

5 Box Cigars Comm. 100

100

$5.00

12 Boxes Palmetto100

100

$66.00

¾ Box Palmetto cigars

2.00

$2.00

¾ Box Rema Victoria

1.00

$1.00

¾ Box Comm. cigar

.50

$.50

¾ Box Landers cigars

1.00

$1.00

½ Box Ben’s Prize

1.50

$1.50

4 Tobacco cutters

.10

$.40

35# Durham Smoking tobacco

.56

$19.60

40 .6 oz. Bot. snuff

.33

$13.20

31 1 oz. tins

.5

$1.05

12 1 oz. papers

.5

$.60

10 1 gal. Bot. pickles

.15

$1122

4 1 gal. Bot. pickles

10

$.40

10 1 Pt. Bot. Pickles

8

$1.52

12 1 qt. tom. [tomato] catsup

7

$.84

19 1 pt. tom. [tomato] catsup

4

$.76

7 1 qt. pepper sauce

6

$.42

11 1 pt. pepper sauce

5

$.55

16 Bot. Mustard

122

$2.00

11 ½ Dry (?) Bot. [Bottle] 2 oz. Extract

1.00

$11.50

41 2 ox. Pcky. Ground cumin

5

$2.05

8 Bot. Worchester sauce

.20

$1.60

6 Box 1 lb. Baking Powder

.25

$1.50

16 Box ½ lb. Baking Powder

.12 ½

$2.00

 

Page 517

 

13 Box ¼ # Baking Powder

.6

.78

1 Doz. French Blacking small

.25

.25

4 ½ Masms (?) Blacking small

.25

1.12 ½

30 Bas (?) 2 oz. mk.

.3

.90

1 gr. [gross] spring clothes pins

.60

.60

2 2/3 Doz. Stove polish

.40

1.06 2/3

1 Box Cotton tax open

.30

.30

16 Box 1# Bars India Soap

.5

.80

2 Box 1# Bars Indigo Soap

.5

.10

15# Candy assorted

10

1.50

5 ½ Nutmegs

.75

4.122

4# Cloves

.30

1.20

18 1 gal. candy Jars

.12 1/2

2.25

14 ¾ # Bees wax

.12 ½

1.75

10 Hair shoe brushes

.10

1.00

1 comm. (?)

.8

.08

75 Pipes with stems

.15

.15

20 prs. Wool combs

.5

1.00

18# almonds damaged

.6

1.08

14# Butternuts damaged

.1

.14

18# Filberts

.3

.54

12# Black Tea

.25

3.00

17# Gum (?) Powder Tea

.40

6.80

24# Gum (?) Powder Tea JB

.40

9.60

24# Ginger (Race)

.6

1.42

2 ¼ Bxs.[Boxes] Raisins

.65

 

2 tin Bxs. [Boxes] Patent Coffee mills

.50

1.00

10 Comm. Coffee Mills

.15

1.50

18 scrub brushes

.7

.56

29 Boxes axel Grease

.5

1.45

10 slates

.5

.50

10 curry combs

.5

.50

5 10 in. well wheels

.25

1.25

3 simples cracker boxes

.2

.06

14 candles

.10

1.40

9 Plow lines

.10

.90

1 Hair girth

.5

.05

26 ax Handles

.10

2.60

1 Bbls. Onions (in two bbls. damaged)

 

 

1 Bbls. Potatoes (in two bbls. damaged)

2.50

2.50

 

 

Page 518

 

3 wood bread trays

15

$.45

289# Rope

10

$28.90

1 ¾ Bush anim (?) setts [sets]

1.87 ½

$3.272

4 ¼ Bush anim setts [sets]

1.87 ½

$4.47

38 ½ # Black pepper

.12 ½

$4.71 ½

3 Doz. Small box matches

.18

$.54

20# starch

.3 ¾

$.75

3 ½ # Napenia Tea

.30

$1.05

150# Al soda

.2 ½

$3.75

29# Alspice

.12 ½

$3.62 ½

90# Soda

.4 ¾

$4.27 ½

230# Navy Beans

.4

$9.20

120# Nails in 3 Kegs

2 2

$2.00

67 scks. [sacks] table salt

.2 2

$1.67 ½

1 case concentrated Lye open

1.00

$1.00

1# dried cetrina (?)

.15

$.15

10# vermacille (?)

.1

$.10

100 shaker pipes

 

$.25

13 Doz. Chevy pipe stems damaged

.2

$.26

6 ½ g. W. P. caps

.60

$3.90

3# Cream Tartar

.35

$1.05

6 ½# Coleman’s mustard

.15

$.972

34 Boxes sardines

.13 ½

$4.59

29 1# can Lobsters

.12

$3.48

47 1# can salmons

.14

$6.58

20 Boxes potted Ham

.14

$2.89

7 2# cans oysters

.6

$.42

31 1# cans oysters

.4

$1.24

14 2# cans tomatoes

.6

$.84

23 2# cans string Beans

.5

$1.15

24 2# cans Peas

.6

$1.14

18 2# cans Baked Beans

.7

$1.26

30 2# cans Corn

.8

$2.40

6 2# cans Damson’s damaged

.4

$.24

9 2# cans Gooseberries

.4

$.36

60 2# cans Peaches

.10

$.60

23 2# cans Pineapples

.10

$2.30

7 2# cans Cherries

.8

$.56

5 2# cans strawberries

.10

$.50

1 gal. York apples damaged

.5

$.5

 

 

Page 519

 

½ Box Raisins (open)

1.00

$1.00

50 Pocket Knives

.122

$6.25

1 Bbl. Shm. (?)

 

$

56 4oz. bot. [bottle] bluing

.2

$1.12

64 20oz. bot. [bottle] bluing

.1 ¼

$.90

12 Doz. Box bluing No. 2

.12

$1.44

29 table spoons 90

.2

$.08

700 Fish Hooks

.50

$.50

1 Fine shooting pistol

.75

$.75

17 setts [sets] teaspoons No. 50

.5

$.85

4 setts [sets] Brit. Plate tea spoons

.10

$.40

1 Doors Lock broken

 

 

¾ gross Bagging needles

.50

$.50

3 setts [sets] tea spoons No. 310

.10

$.30

7 Gintets shale (?)

.25

$.25

1 Box slate pencils

.15

$.15

6 setts [sets] teaspoons

.20

$.60

7 pairs scissors

.10

$.70

3 setts [sets] forks and knives

1.00

$1.00

6 setts [sets] table spoons no. 2730

.15

$.90

1 ½ gross coffin screws

.20

$.30

5 setts [sets] tea spoons no. 12110

.10

$1.20

10 setts [sets] table spoons no. 90

.12

$1.50

2 Hand saw file

.4

$.08

13 setts [set] of 6 plates

.20

$26.20

44 small vegetable dishes

.5

$2.20

15 steak Dishes

.10

$1.50

2 small vegh. [vegetable] dishes & tops

.20

$.40

4 Large vegh. [vegetable] dishes & tops

.40

$1.60

1 Ex. Large vegh. [vegetable] dish & top

.30

$.50

6 Ewer & Basins

.70

$4.20

5 Comm. Pitchers

.15

$.75

6 sugar Bowls

.25

$1.50

1 set cups & saucers

.40

$.40

5 glass molasses Pitchers

.15

$.75

90 glass Goblets

.4

$3.60

26 small tumblers

.4

$.94

4 small salt cellars

.4

$.16

4 ½ scks. [sacks] Dixie Glen Flmer (?)

1.46

$5.60

4 ½ scks. [sacks] Rheas Flmer (?)

1.25

$3.75

 

Page 520

 

3# cotton twine

.15

$.45

10 Doz. Garden seed old

.1

$.10

64 Flour scks. [sacks] 1/8 s 1

.3

$1.92

3 bw mo 20 sacks

.50

$1.50

4 bw mo 12 sacks

.40

$1.60

2 bw mo 10 sacks

.35

$.70

3 bw mo 6 sacks

.30

$.90

3 bw mo 4 sacks

.25

$.75

6 bw mo 2 sacks

.20

$1.20

5 bw mo 1 sacks

.18

$.90

¾ amt. (?) cumin

1.25

$9.25

4 Bracket Lamps

.30

$2.00

12—1 qt. BB Brandy

.30

$3.60

33—1 q. BB whisky

.30

$9.90

75 Empty Bots [Bottles] assorted sys. (?)

2 2

$18.72

5 gross corks

.25

$1.25

1 Box assorted Labels

.25

$.25

23—1 gal. Jugs

.8

$1.84

2—2 gal. Jugs

.8

$.16

2 pr. counter scales

2.50

$ 5.00

1 pr. Large scales

10.00

$10.00

1 pr. Large micks (?)

7 ½

$7.50

1 shoe stand

1.00

$1.00

1 large stove

2 ½

$2.50

½ gr[oss] 1 qt. Flasks

3.75

$3.75

½ gr[oss] Ph. Flasks

2.50

$2.50

8 ½ gr[oss] sulphur matches

2.20

$18.70

1 gr[oss] parlor matches

2.25

$2.20

42# Dried apples damaged

 

 

225# Crush sugar

.11 2

$25.872

150# CC sugar La. [Louisiana]

.9

$13.50

150# CC sugar La. [Louisiana]

.9

$13.50

150# curry (?) sugar

.8

$12.00

50# Brown comm..

.7 ½

$3.75

150# Coffee A

.10

$18.00

100# B A

.7 1/2

$7.50

1 Bbl. Rice 100 lbs.

.7

$7.00

½ of ½ Bbls. Pickles

3.00

$3.00

2 Bur. Meal

.372

$.75.

1/3 Bbl. Grits 50#

1 ¾

$.872

 

 

Page 521

 

20# Bar sugar

.11 ½

$2.30

10 Bbl. covers

.10

$1.00

5# Chnce Rio Coffee

.17

$.85

40# Rio Coffee

.17

$6.80

118# Rio Coffee

.17

$20.06

17 Zink wash bonds

.10

$1.70

39 two Hoop buckets

.10

$3.90

7 Ceda[r] Buckets

.25

$1.75

5 Pine Churns

.25

$1.25

12 1 gal. wataer Kegs

.20

$2.40

2 2 g[al.] water Kegs

.35

$.70

4 4 g[al.] Field cans

.25

$1.00

1 Bread tray

.10

$.10

11 well buckets

.25

$2.75

18 wood Rim sifters

.10

$1.80

6 tin sifters

.10

$.60

9 Kimkins assorted

.25

$2.25

12 Browns

.10

$1.20

11 wash tubs

.25

$2.75

14—5 gal. Kegs

.70

$9.80

40# Breakfast bacon

.8

$3.20

16 scoops tin assorted

.10

$1.60

15 gal. wheat whiskey

1.25

$18.75

24 gal. corn whiskey

1.25

$30.00

1 mt. (?) whiskey Bbl.

1.00

$1.00

2 gal. Golden Horn whiskey

1.90

$55.10

26 gal.BB Brandy

1.50

$39.00

20 gal. cognac Brandy

1.50

$30.00

43 gal. apple Brandy

1.50

$64.50

7 gal. Peach Brandy

1.50

$10.50

25 gal. coal oil

.30

$7.50

2 gal. vinegar

.10

$.20

25 gal. syrup

.58

$14.50

43 gal. syrup

.58

$34.95

5 gal. syrup Harlim (?)

.38

$1.90

40 gal. molasses

.30

$15.20

7 gal. measures assorted

.10

$.70

1 sprmikler [sprinkler?]

.20

$.20

1 stove & pipe taken up mon (?)

 

 

1 Iron safe 50$ office Desk 5.00

 

$.55.00

 

 

Page 522

 

1 Letter Press

 

$1.50

Office stool

.75

$2.25

2/3 Keg Prunes damages

.50

.50

2 Peg Cutters

.25

.50

 

It is therefore ordered adjudged and decreed by the court that the attachment lien on said goods wares and merchandise be and the same is hereby foreclosed and the clerk of this court will issue an order of sale to the sheriff of Collin County directing him to seize and sell the same as under execution for the payment and satisfaction of this Judgment and if the same shall sell for more than sufficient to satisfy this Judgment interest & costs the surplus to be paid over to the defendants but if the same shall not sell for a sufficiency to pay the same then let execution issue.

 

W. A. HUFFMAN Wednesday January

Guardian 22nd 1879

C. L. HUFFMAN a minor Now on this day came on to be heard the report of W. A. HUFFMAN guardian of the Estate of CARRIE L. HUFFMAN a minor of the sale of sixty acres of land in MICHAEL SEA survey in Collin Co. to M. A. FRANKLIN for six Hundred Dollars cash said land Beginning at the NW cor. thereof an Elm mkd. X brs. South 45 E 40 lks. Thence south 14 chs. & 46 lks. stake Thence west 41 chs. & 50 lks. stake Thence north 14 chs. & 46 lks. stake in north line said survey thence east 41 chs. & 50 lks. to the Beginning and it appearing to the court after inquiring into in which said sale was made that it was fairly made in compliance with an order of this court, in due conformity to law…

 

Page 523

 

…and for a fair price. It is therefore considered by the court that the said sale be in all things confirmed and that said guardian is hereby directed to convey to the said purchaser of the said land.

 

 

SAM YOUNG Monday January

admr. 20th 1879

Est. WM. TEEL decd. Now on this day comes SAM YOUNG administrator of the Estate of WM. TEEL dec. and files his report of sale of personal property belonging to said Estate and it appearing to the court that said report was made according to law and that said property sold for its reasonable value, it is ordered that the same be approved and recorded.

 

J. M. HODGES Wednesday January

vs. 22nd 1879

Est. L. P. HODGES deceased Now on this day came on to be heard the application of J. M. HODGES to be appointed administrator of the Estate of L. P. HODGES deceased and it appearing to the court that notice of the same had be given as required by law and no objection being filed it is ordered and decreed 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 Four Thousand dollars and taking the oath prescribed b law.

 

Page 524

 

J. M. HODGES Wednesday January

vs. 22nd 1879

Est. L. P. HODGES dec’d. Ordered by the Court that A. M. BROWN, J. W. SOLOMAN and WM. OSBOURN be and they are hereby appointed to appraise the property belonging to the Estate of L. P. HODGES.

 

 

G. W. CAMERON Wednesday January

vs. 22nd 1879

Est. JOHN FITZHUGH deceased Now on this day comes G. W. CAMERON and presents his application for the probate of the last will and testament of JOHN FITZHUGH deceased and said will being read in open court and it appearing that G. W. CAMERON was appointed Executor of said will and it appearing to the satisfaction of the court that JOHN FITZHUGH is dead and JOHN S. MOORE one of the subscribing witnesses to said will coming into open court and being sworn says that JOHN FITZHUGH on the 24th day of May 1878 being at the time of sound mind in the presence of affiant caused J. E. CAMERON & affiant by his direction to sign the within & forgoing will (unreadable) in his presence & in the presence of affiant and that said deceased signed said will in presence of himself and said J. E. CAMERON as witnesses and that said deceased was over the age of twenty one year and that he and the said J. E. CAMERON was over the age of 14 years and it appearing to the court that due notice of said application has been given according to law it is therefore ordered and decreed…

 

Page 525

 

…by the court that said prayer be granted and that said will be admitted to probated and the provisions therein be confirmed and that the said G. W. CAMERON be appointed Executor of said Estate and that he file an inventory of said Estate and take the oath prescribed by law but that he be required to file or give no bond herein and that no further proceedings be had in this court herein.

 

G. W. CAMERON Wednesday January

vs. 22nd 1879

Est. JOHN FITZHUGH dec’d. Ordered by the court that G. A. WILSON, J. M. GRAVES and T. C. BOANE (?) be and they area hereby appointed to appraise the property belonging to the Estate of JOHN FITZHUGH dec’d.

 

 

N. B. FISHER Monday January

vs. 20th 1879

Estate P. M. FISHER dec’d Now on this day comes N. B. FISHER and presents his application for the probate of the last will and testament of P. M. FISHER deceased and said will being read in open court and it appearing that N. B. FISHER was appointed Executor of said will and it further appearing to the satisfaction of the court that P. M. FISHER is dead and D. B. DAVIS one of the subscribing witnesses to said will coming into open court and being sworn says that P. M. FISHER on the 29th day of November 1878 being at the time of sound mind in the presence of affiant caused J. S. WILSON by his directions to sign the within & foregoing will...

 

Page 526

 

…for him and in his presence and in the presence of affiant and that said deceased signed said will in presence of himself and said J. S. WILSON as witnesses and that said deceased was over the age of 21 years and that he and the said WILSON were over the age of 14 years and it appearing to the court that due notice of said application has been given according to law it is therefore ordered and decreed by the court that said prayer be granted and that said will be admitted to probate and that said N. B. FISHER be appointed Executor of said Estate & that he file an inventory of said Estate & take the oath prescribed by law and that he file a bond in the sum of Two Thousand dollars with good and approved security conditioned according to law.

 

N. B. FISHER Monday January

Extr. 20th 1879

Est. P. M. FISHER dec’d. Ordered by the court that S. FITZHUGH, J. M. SNIDER and A. J. LEWIS be and they are hereby appointed to appraise the property belonging to the Estate of P. M. FISHER deceased.

 

 

J. L. & T. C. FARRIS Monday January

vs. 20th 1879

Est. JOHN FARRIS Now on this day comes J. L. & T. C. FARRIS and presents their application for the probate of the last will and testament of JOHN FARRIS deceased…

 

Page 527

 

…and said will being read in open court and it appearing that J. L. FARRIS and T. C. FARRIS were appointed Executors of said will and it further appearing to the satisfaction of the court that JOHN FARRIS is decd. and W. L. BOYD one of the subscribing witnesses to said will coming into open court and being sworn says that JOHN FARRIS died on the 30th day of July 1875 being at the time of sound mind in the presence of affiant caused T. C. GOODNER by his directions to sign the within and foregoing will for him & in his presence and in the presence of affiant and that said deceased signed said will in presence of himself and said T. C. GOODNER as witnesses and that said deceased was over the age of 21 years & that he & said GOODNER were over the age of 14 years and it appearing to the court that due notice of said application has been given according to law it is therefore ordered and decreed by the court that said prayer be granted and that said will be admitted to probated and the provisions therein confirmed and that J. L. FARRIS and T. C. FARRIS be appointed Executors of said Estate and that they file a bond in the sum of sixteen Thousand Dollars conditioned as the law gives and take the oath prescribed by law.

 

JOS. W. BAINES Monday, January

admr. 20th 1879

Est. M. S. SIMPSON dec’d.

 

 

Page 528

 

…Now on this day comes JOSEPH W. BAINES administrator of the Estate of MARY S. SIMPSON deceased and makes his report of the sale of the following (?) real Estate belonging to said Estate to wit 160 acres in the LEWIS WETSEL survey and 80 in the C. BOAKES & 10 acres in the A. PLIANT (?) for the sum of twenty One Hundred Dollars to W. A. HONAKER and 16 acres in the C. BOALES survey for Five Dollars to R. H. PARKER and it appearing to the court that said report was made according to law & that said sale was made in conformity with an order of this court. It is ordered that the same be disapproved and that the said administrator be ordered to sell said lands at private sale and report his action to this court.

 

Now on this day J. H. EWING was impaneled as a Juror in the case of W. R. SHORT vs. SINGER SEWING MACHINE CO.

 

 

LEGGAT & BULTER Wednesday

vs. January 22ND

E. P. ELDRIDGE 1879

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

 

Page 529

 

PAUL HESLEY Wednesday January

vs. 22nd 1879

THOS. McGRAW Now on this day this cause was continued for sence (?).

 

C. H. & L. J. McCORMICK Wednesday

vs. Jany. 22nd

JAMES CALHAN 1879

Now on this day this caused was continued by plaintiffs.

 

 

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

 

Thursday Jany. 23rd 1879 court met pursuant to adjournment.

 

 

Community Estate Monday January 20th

E. & M. HUNT 1879

Ordered by the court that P. O. HALE, A. H. BALLEN and JOHN HARLESS be appointed to appraise the property belonging to the Estate of E. and M. HUNT.

 

L. C. SMITH Monday January

Guardian 20th 1879

H. C. GOOCH, et al minors Now on this day comes L. C. SMITH guardian of the Estates of H. C. GOOCH et al minors and files an annual report of the condition of said Estate And having obtained Leave of the court he amended his report. And it appearing that said report was continued by operation of law at the last term of this court and that the same is in all things correct it is ordered that the same be approved and recorded.

 

Page 530

 

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

 

Friday Jany. 24th 1879 Court met pursuant to adjournment.

 

H. H. FINLEY Friday Jany. 24th

admr. 1879

Est. S. FINLEY dec. Now on this day this cause was continued.

 

S. BOWLBY Friday Jany. 24th

vs. 1879

Est. IDA CRUTHFIELD Now on this day this cause was continued by Plaintiff.

 

J. H. BOWMAN Friday Jany. 24th

Extr. & Admr. 1879

Ests. HENRY DYE & S. E. DYE dec. Now on this day comes J. H. BOWMAN Executor of the Estate of HENRY DYE and administrator of the Estate of S. E. DYE deceased and files his report of the sale of personal property belonging to said Estates and it appearing to the court that said sale was fairly made and that said property was sold for its reasonable value, It is ordered that the same be approved and recorded.

 

E. HUNT Friday January

Commty. property 24th 1879

MARTHA HUNT dec. Now on this day comes E. HUNT and files an inventory and appraisement of the community property belonging to him and his deceased wife MARTHA HUNT deceased 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…

 

Page 531

 

…the same be approved and recorded.

 

Est. of

ORAN HOWELL

Deceased Now on this day came on to be heard the application of W. T. FOWLER for the sale of the land herein after described. And it appearing to the court that the said land described had never been set apart to the widow (?) and minor children of said descendant for a homestead and that the claim of W. T. FOWLER was a valued (?) and subsisting claim against said Estate that the notes constituting said claim were given for the purchase money for the land mentioned and described in said application and that they were a lien on said land that there is no other property belonging to said Estate, out of which the claim or any part thereof can be paid and that the notice required by law had been given of the filing of said application. It is therefore ordered and decreed by the court that GEORGE A. WILSON the administrator of said Estate proceed to sell at public sale after giving legal notice of the time and place of said sale for one half cash and the balance on a credit of 12 months taking the security required by law for the amount that is (unreadable) the following described tract of land apart of the JOHN WEST survey in Collin County Texas And Beginning 70 yards south of the NW corner of the 203 acre tract deeded to D. R. FOWLER & his wife S. M. FOWLER by WALTER YEARY Thence East 130 ¾ rods (?) a stake…

 

Page 532

 

…Thence South 91 ½ rods Thence south 73 1/2° west 97 1/5 rods a stake Thence south 78 rods a stake in the south boundary line of the said 203 acre tract Thence west to the south west corner of said 203 acre tract Thence north to the place of beginning containing One hundred & one & one half acres. It is further ordered adjudged and decreed that the money realized from the sale of said land be applied by said administrator to the payment of said FOWLER and that the said administrator GEO. A. WILSON make a report of his action herein at the next term of this court.

 

THROCKMORTON & BROWN Friday

vs. January 24th

PETER HAMER 1879 Now on this day this cause was dismissed.

 

HENRY & ANDREWS Friday Jany. 24th 1879

vs. Now on this day this cause was continued by

JESSE SHAIN plaintiffs.

 

W. N. FLETCHER Monday January

vs. 20th 1879

D. W. LIGHT Ordered by the court that this cause be dismissed and that Each party pay one half of the cost for which let execution issued and that execution issue against each party respectively for the costs by them incurred.

 

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

 

Page 533

 

Saturday January 25th 1879 court met pursuant to adjournment.

 

F. EMERSON Monday Jany.

vs. 20th 1879

JOS. W. BAINES admr. Now on this day came on to be heard the petition of

Est. WM. REECER dec. F. EMERSON against JOS. W. BAINES admr. of the Estate of WM. REECER dec. for the sale of the following described land situated in Collin County Texas on the waters of Elm Fork of Trinity about 15 miles west from the town of McKinney being part of (unreadable) of land in the name of W. B. WATKINS, L. M. McNEIL and NORRIS AUSTIN. Beginning at the SE corner of the W. B. WATKINS survey and north East corner of L. N. McNEIL survey a large rock Thence East 5 chains a stake from which an Elm 15 in. in dia. mkd. X brs. East 10 lks. Thence North 40 chs a rock in the west line of the NORRIS AUSTIN survey Thence west 5 chs. a rock the north west corner of the said AUSTIN survey and the NE corner of the said WATKINS survey Thence continuing West 55 chs. to a rock in the north line of the WATKINS survey Thence south 40 chains a rock Thence West 25 chs. to the SW corner of the WATKINS survey a large rock Thence South 5 chains & 50 lks. a rock Thence south 50° E 21 chs. a rock from which a cotton wood 15 in. in dia. mkd. X bears north 56° W 35 links Thence South 60°& 31’ East 4 chains & 6 lks. a point in branch Thence South 78° East 18 chains a stake Thence North 65° East…

 

Page 534

 

…27 chains a rock Thence North 80° East 17 chains & 50 links a stake in the East links of the McNEIL survey from which an ash 10 in. in dia. marked X bears west 17 links Thence North 6 chains to the Beginning containing 220 acres of land out of the WATKINS survey 20 acres out of the AUSTIN survey and 124 21/100 acres out of the McNEIL survey and in the aggregate 364 71/100 acres of land. And it appearing to the court that the claims held by the said EMERSON were a valid & subsisting debt against the said decedent’s estate and a valued (?) and subsisting lien upon the said land, that heretofore to wit (blank space) temo (?) A. D. 1878 that two Hundred acres of said land were set apart to MRS. SUSAN REESER [REECER] relict of said Wm. REESER & their minor children and that the following described tract of one hundred & sixty four & ¾ acres excess is stite (?) in the hand & control of the said administrator to wit a part of the NORRIS AUSTIN & W. B. WATKINS survey situated in Collin County Texas Beginning at NE cor. of MRS. REASOR’S [REESER’S?] homestead tract of 200 acres Thence North twenty seven & 46/100 chains a stake Thence west 5 chains a rock the NE cor. of the said WATKINS survey Thence continuing West 55 chains to a rock the NW cor. said WATKINS survey Thence south 27.46 chs. a stake Thence East 60 chains with the NB line of the said MRS. REASOR’S Homestead tract to the beginning containing 164 ¾ acres. It is therefore considered by the court that the said JOS. W. BAINES admr. as aforesaid be and he is hereby directed to sell the said Excess of…

 

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…One hundred & sixty four & ¾ acres of land at public auction upon six months credit subject to the approval & confirmation of this credit & to apply the proceeds coming from the said sale to the payment of the said F. EMERSON.

 

J. L. KELLEY Friday Jany. 24th

Extr. 1879

Est. J. M. & MARY ENLOE Annual Report

Now on this day this cause was continued by Executor.

 

W. R. BUSH Tuesday Jany. 21st

admr. 1879

Est. O. E. BUSH dec. Now on this day comes W. R. BUSH administrator of the Estate of O. E. BUSH deceased and files his final report of said Estate and application for a discharge. And it appearing to the court that notice required by law has been given, and that said Estate has been fully administrated it is ordered that the same be closed and that said administrator be discharged upon his filing vouchers showing that all the Estate in his hands disposed of & that said report be recorded.

 

JOHN MARTIN Friday Jany. 24th

admr. 1879

Est. JESSE STIFF Now in this day comes JOHN MARTIN and files his supplemental final Report in the Estate of JESSE STIFF deceased and his application to be discharged and it appearing to the court that said Estate had been fully…

 

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…administrated it is ordered that the same be approved and recorded and that said administrator be discharged upon his filing vouchers showing all the Estate in his hands disposed of.

 

 

Community Estate Saturday Jany.

of SARAH L. PERKINS 25th 1879

surviving wife of J. T. PERKINS dec’d Ordered by the court that A. M. KNIGHTON, JOSEPH SNODGRASS and W. H. BUTTS be & they are hereby appointed to appraise the property belonging to the community Estate of SARAH L. PERKINS surviving wife of JOHN T. PERKINS deceased.

 

G. W. CAMERON Saturday Jany. 25th

Extr. 1879

Est. JOHN FITZHUGH dec’d. Now on this day comes G. W. CAMERON Executor of the Estate of JOHN FITZHUGH deceased and files an inventory and appraisement of said Estate and it appearing to the court that the same is in all things correct it is ordered that the same be approved and recorded.

 

J. M. HODGES Saturday Jany.

admr. 25th 1879

Est. L. P. HODGES dec. Now on this day comes J. M. HODGES administrator of the Estate of L. P. HODGES dec. and files an inventory and appraisement of the Estate and it appearing to the court that the same contains a full and complete inventory of all property belonging to said Estate it is ordered that…

 

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…the same be approved and recorded.

 

J. M. HODGES Saturday Jany.

admr. 25th 1879

Est. L. P. HODGES Now on this day comes J. M. HODGES and files his bond as administrator of the Estate of L. P. HODGES deceased 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 Saturday Jany.

admr. 25th 1879

Est. L. T. & E. B. MORRIS deceased Now on this day comes GEO. A. WILSON administrator of the Estate of L. T. & E. B. MORRIS deceased and files an annual report of the condition of said Estate and it appearing to the court that the same is in all thing correct & that notice of the filing of the same has been given as required by law it is ordered that the same be approved and recorded.

 

Community Estate Saturday Jany.

E. HUNT surviving husband of 25th 1879

MARTHA HUNT dec. Now on this day comes E. HUNT surviving husband of MARTHA HUNT and files his bond in the Community Estate of himself and his deceased wife MARTHA HUNT 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.

 

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W. R. SHORT Wednesday Jany.

vs. 22nd 1879

SINGER SEWING MACHINE CO. Now on this day came on to be heard the motion of plaintiff to dismiss the defendants’ appeal in this cause and the matters and things in said motion having been considered by the court and it appearing to the court that the appeal bond in this cause is not conditioned as required by law it is therefore ordered by the court that said motion is sustained and therefore defendant by atty. asked to leave to file a new bond which said motion was the court granted and thereupon defendant filed a new bond to which plaintiffs accepts.

 

W. R. SHORT Wednesday Jany.

vs. 22nd 1879

SINGER SEWING MACHINE CO. Now on this day came on to be heard plaintiff’s second motion to dismiss the appeal in this cause and the matters and things in said motion having been considered by the court…

 

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…it is ordered by the court that said motion be overruled to which ruling of the court the plaintiffs accepts.

 

W. R. SHORT Wednesday Jany.

vs. 22nd 1879

SINGER SEWING MACHINE CO. Now on this day came on to be heard the above entitled cause and a Jury having been demanded by the plaintiff then came the parties by their attorneys and announced themselves ready for trial and thereupon came a Jury of six good and lawful men to wit J. P. DOWELL and five others who were duly impaneled and sworn and who after hearing the evidence adduced argument of counsel and charge of the court retired to consider their verdict and after mature deliberation returned into court the following verdict to wit “We the Jury find for plaintiff seventy three Dollars & thirty two cents Jany. the 25 1879.

J. P. DOWELL Foreman

It is therefore considered by the court that the plaintiff W. R. SHORT do recover of and from the defendant the SINGER SEWING MACHINE COMPANY and BEN ESTES the sum of Seventy Three & 32/100 Dollars Together with all costs in this cause incurred in this court and it appearing to the court that this cause was appealed from Justice Court no. 1 and that Judgment obtained in this court was for a less amount than that obtained in the Justice court it is ordered that the defendant have and recover of and from the…

 

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…plaintiff all cost accrued in the Justice court and that they have their Execution and that Execution issue against each party respectively for the cost by them herein incurred.

 

Community Estate of Monday Jany. 20 1879

MARY E. INGRAM decd. Now on this day came on to be heard the application

ALEX INGRAM surviving husband of ALEX INGRAM for the Court here to approve the inventory of said Estate heretofore filed by ALEX INGRAM as the surviving husband of MARY E. INGRAM decd. and it appearing to the satisfaction of the court that said Inventory had been properly returned at the last term of this court and that it was in fact approved by the Judge of this Court but that the court neglected to enter thereon his approval of the same and that the clerk failed to file the same by reason thereof it is considered ordered and decreed by the court that said inventory be approved and filed now and that it operate in all respects as through the same had been approved at the former term of this Court and it is further ordered by the court that said Inventory be recorded as required by law.

 

No. 1970

JACOB NAUGLE Tuesday January 21st 1879

v. Now on this day Plaintiff has leave to amend and

THOS. T. McLEAN said amendment is now here filed

 

No. 1970

JACOB NAUGLE Tuesday January 21st 1879

v. Now on this day comes the Defendant into open

THOS. T. McLEAN Court and admits the justuers (justice?) of Plaintiffs original account it is therefore ordered by the Court that defendant’s admission be (unreadable) upon (?) the minutes of this Court. Afterwards on this day came on to be heard…

 

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…Defendants exception to Plaintiffs amended account and the argument thereon having been heard and fully considered by the court it is ordered and decreed by the court that said exceptions be sustained and that said amended account of Plaintiffs be stricken out.

Afterwards on the day both parties being in Court announced themselves ready for trial and a jury having been demanded herein and the fee having been duly paid thereupon came a jury of good and lawful men to wit—J. P. DOWELL and five others duly impaneled and sworn who after hearing the evidence the argument of Counsel thereon and the charge of the court retired to consider their verdict and after mature deliberation returned into court the following verdict to wit “We the jury