Dallas County, 14th District Court Minutes, 1846 – 1855
(p. 370) Monday 7 November 1853
Present: Honorable John H. Reagan, Judge; Nat. M. Burford, District Attorney; E. C. Browder, Clerk; T. C. Hawpe, Sheriff. The sheriff issued a venire facia upon persons named above except John H. Thomas, A. M. James, John Chapman, Zachariah Burris, H. M. Rawlins, William Turner, who were not found.
The Clerk and Sheriff drew from those in attendance 15 men to serve as grand jurors: A. W. Webb, Thomas Johnson, William Chenault, John McComas, Joshua Barker, James M. Patterson, Everard Sharrock, A. J. Manning, Richard Bruton, B. F. Bethurum, A. Hart, Thomas M. Ellis, John H. Holloway, Powel Narboe, A. B. Lanier. James M. Patterson was selected foreman and Wesley M. Chenault was selected Bailiff.
Ordered by the court that A. Carter and James Moore be excused as serving as jurors during the present term.
Ordered by the court that Thomas Cheshire, M. F. Fortner and Thomas Keenan serve on jury number one, they being the residue of the jurors in attendance.
Ordered that a fine of $25 be entered against Weston Perry, N. T. Stratton, T. K. Anderson, Benjamin Beckner, John Horton, Thomas Bernard, J. W. Wright, A. G. Harris for failing to attend as jurors. Now at this time Thomas D. Coats makes oath that J. C. Hall, an absent juror is sick and said Hall is excused.
(p. 371)
State of Texas vs above defaulting jurors.
Fined $25 each and requires them to appear at the next term of court and to show cause.
Ordered that State Docket be taken up on Wednesday.
Ordered that Lambeth Heath a defaulting juror of the court at the May term is hereby excused from the fine assessed against him.
John Grayum vs A. G. Walker. Certiorari.
Case is continued.
A. G. Walker vs Dallas County. Debt.
Now comes the parties by their attorneys, Nat M. Burford for the plaintiff, John C. McCoy for the defendant. The presiding judge having been counsel; by agreement of the parties John C. Easton, Esq. was appointed special judge to preside in this case. Jury: Thomas Keenan and 11 others. Night coming on the case to continue tomorrow.
(p. 372)
E. H. Tarrant, Levi Rice and H. D. Mason Trespass. vs P. K. Rawlins.
Presiding judge having been counsel, this case is continued.
Charles DeMorse, E. H. Tarrant and William C. Young Trespass. vs P. K. Rawlins.
Presiding judge having been counsel, this case is continued.
Charles DeMorse, William C. Young and E. H. Tarrant Trespass. vs M. M. Miller.
Presiding judge having been counsel, this case is continued.
Charles DeMorse, E. H. Tarrant and William C. Young Trespass. vs Thomas Campbell.
Presiding judge having been counsel, this case is continued.
Charles DeMorse, E. H. Tarrant and William C. Young Trespass. vs George Floyd.
Presiding judge having been counsel, this case is continued.
Charles DeMorse and E. H. Tarrant vs William Newton. Trespass.
Presiding judge having been counsel, this case is continued.
(p. 373)
Charles DeMorse, E. H. Tarrant and William C. Young Trespass. vs William Rawlins.
Presiding judge having been counsel, this case is continued.
Charles DeMorse, E. H. Tarrant and William C. Young Trespass. vs Jesse Wampler.
Presiding judge having been counsel, this case is continued.
Levi Rice, E. H. Tarrant and H. D. Mason Trespass. vs William Newton.
Presiding judge having been counsel, this case is continued.
Levi Rice, E. H. Tarrant and H. D. Mason Trespass. vs M. M. Miller.
Presiding judge having been counsel, this case is continued.
Levi Rice, E. H. Tarrant and H. D. Mason Trespass. vs George Floyd.
Presiding judge having been counsel, this case is continued.
Charles DeMorse, E. H. Tarrant and William C. Young Trespass. vs C. C. Overton.
Presiding judge having been counsel, this case is continued.
(p. 374)
Levi Rice, E. H. Tarrant and H. D. Mason Trespass. vs William Rawlins.
Presiding judge having been counsel, this case is continued.
Levi Rice, E. H. Tarrant and H. D. Mason Trespass. vs Jesse Wampler.
Presiding judge having been counsel, this case is continued.
Levi Rice, E. H. Tarrant and H. D. Mason Trespass. vs C. C. Overton.
Presiding judge having been counsel, this case is continued.
Levi Rice, E. H. Tarrant and H. D. Mason Trespass. vs Thomas Campbell.
Presiding judge having been counsel, this case is continued.
William M. Simpson vs A. G. Walker. Certiorari.
Presiding judge having been counsel, this case is continued.
[NOTE: The next four entries were identical to this entry.]
(p. 375)
Elizabeth Bryan vs James B. Bryan. Divorce.
Plaintiff’s attorneys Crockett and Good request that the court allow them to file an amended petition. Granted.
M. E. Hibbett, Administrator vs J. P. Lawrence. Trespass.
Defendant by his attorneys Cravens, Crockett and Good request permission to file an amended answer. Granted.
John Law vs D. R. Cameron. Trespass.
Plaintiff by his attorney B. W. Stone dismisses the suit.
It is ordered that the defendant recover from the plaintiff all costs.
Garrit Langford vs Elizabeth Langford. Divorce.
Plaintiff by his attorneys McCoy and Nicholson request leave to amend petition.
(p. 376)
T. C. Hawpe and E. A. Hawpe, Admr. Trespass to Try Title.
& Admx. vs John Beeman.
Plaintiffs by their attorneys Cravens, Burford, Crockett & Good and defendant in person and by attorney John C. McCoy. Case continued on affidavit of defendant.
John Merryfield vs Richard Wilson. Trespass.
Parties represented by their attorneys Stone and Easton for the plaintiff and Cravens and Tarrant for the defendant. Defendants ask and receive leave to amend answer.
A. J. May vs Jane Cochran, et al, [blank]
heirs at law of William Cochran.
Parties represented by their attorneys Nat. M. Burford for the plaintiff and Crockett and Good for the defendant. Plaintiff’s counsel obtains leave to file an amended petition and John M. Crockett is appointed by the court guardian ad litem for John, Arch, William Porter, James, Martha and George Cochran. [NOTE: Marked through with ERROR written in].
William M. Huit vs Pleasant Taylor. Debt.
Plaintiff by his attorneys Cravens and Burford obtains leave from the court to file an amended petition.
D. S. Nance vs N. H. Darnell. Debt.
Plaintiff by his attorney B. W. Stone, this case continued with an order for alias process to issue for the defendant.
(p. 377)
State of Texas vs James B. Pigg. Defaulting Juror.
Defendant files his affidavit and it appears to the court that the defendant was justified in his failure to appear; Therefore judgment is set aside and case dismissed.
State of Texas vs Jonas Buskirk. Scire Facias.
Defendant files his affidavit and it appearing to the satisfaction of the court that the defendant was justified in such failure; it is thereby ordered that the judgment be set aside and case dismissed.
State of Texas vs John R. Bell. Scire Facias.
Defendant files his affidavit and it appearing to the satisfaction of the court that the defendant was justified in such failure; it is thereby ordered that the judgment be set aside and case dismissed.
(p. 378) Tuesday November 8, 1853.
John Merryfield vs Richard Wilson. [blank]
Ordered by the court that Richard Wilson recover from John Merryfield the sum of $3.93 for his damages. John Merryfield is to take nothing by his suit. Defendant is to recover from John Merryfield all costs.
A. G. Walker vs Dallas County. Debt.
Parties represented by their attorneys N. M. Burford for plaintiff, John C. McCoy for defendant. Same jury as yesterday. Jury returned the following verdict: We find for the defendant. T. Keenan, foreman. Plaintiff take nothing and defendant to recover from A. G. Walker all costs. Approved and signed by presiding judge John C. Easton, Special Judge.
Arthur Ledbetter vs William Myers. Certiorari.
It appearing that this court having no jurisdiction, this case is dismissed from the docket. Defendant to receive from the plaintiff, Arthur Ledbetter and his securities, Samuel Ramsey and A. Beard, all costs and expenses.
(p. 379)
John W. Smith vs John T. Kelly. Sequestration.
Parties by their attorneys, Nat M. Burford for the plaintiff and John C. Easton for the defendant. It appearing to the satisfaction of the court that the plaintiff had paid all costs, it is ordered that the case be dismissed.
Elizabeth Bryan vs James B. Bryan. Divorce.
By agreement of the parties, Friday next is set for the trial of this case.
T. J. Rogers vs Rufus Burnett. Debt.
Case continued on an affidavit of the defendant.
A. Gouhenant vs J. B. McPherson. Debt.
By consent of the parties this case is placed at the heel of the docket.
(p. 380)
William B. Miller vs Robert Sloan. Debt.
Case is continued on affidavit of the defendant.
A. G. Walker vs A. M. Keen. Debt.
Case is continued on affidavit of the plaintiff.
Samuel T. Bledsoe vs James P. Martin. Attachment and Damages.
Case continued by consent of the parties.
Garret Langford vs Elizabeth Langford. Divorce.
By consent of the parties Thursday next is set for trial of this case.
A. C. Haught, et al Trespass and Debt.
vs C. W. Adams & Company.
Case continued on affidavit of the defendant.
(p. 381)
John M. Crockett vs William Myers. Debt.
Parties in person and by their attorney’s Crocket, Good and McCoy for the plaintiff, Burford for the defendant. This case coming for final hearing; jury is: James Armstrong and 11 others. Jury failing to agree and night coming on the parties are to disperse until tomorrow morning at 8 o’clock.
F. N. Vassallo vs McPherson & Parker. Injunction.
By consent of the parties, this case is placed at the heel of the docket.
A. J. May vs Janie Cochran. [blank]
By agreement of the parties, Thursday next is set for the trial.
George Clevinger vs W. A. Ferris, [blank]
Admr. of William Latham.
Plaintiff by his attorneys McCoy and Burford dismisses his suit. Ordered that the defendant recover from the plaintiff all costs in this suit.
(p. 382)
State of Texas vs D. L. Hall. Defaulting Juror Scire Facias.
Defendant files his answer and it appearing to the satisfaction of the court that his failure to appear was justifiable, the judgement is dismissed.
State of Texas vs Weston Perry. Defaulting Juror.
Defendant files his answer and it appearing to the court that his failure to appear was justifiable, the judgement is dismissed.
State of Texas vs John Horton. Defaulting Juror.
Defendant files his answer and it appearing to the satisfaction of the court that his failure to appear was justifiable; judgement is dismissed.
State of Texas vs Thomas Bernard. Defaulting Juror.
The said judgment be made final and a fine of $5.00 and all costs be issued.
(p. 383)
Ordered by the court that James J. Beeman be excused from serving as a juror for this term of court and that William J. Walker be substituted in his stead.
Ordered by the court that jury number one be dismissed until tomorrow morning at 8 o’clock.
The Grand Jury returned the following bill of indictment:
The State of Texas vs John Kelly — Burning Prairie.
(p. 382*) [NOTE: Page number used again]
Wednesday 9th of November 1853.
Hawpe & Hawpe vs John Beeman. [blank]
Now comes the sheriff and clerk to ask the court for a rule for security for cost which was overruled.
John Merryfield vs Richard Wilson. [blank]
[NOTE: ERROR written across entry]
Alexander Cockrell vs McPherson & Parker. [blank]
Sheriff asks the court for a rule for security for cost which was granted.
William M. Hunt vs P. Taylor [blank]
Sheriff asks the court for a rule for security for cost which was granted.
A. M. & C. C. Alexander vs Pleasant Taylor. [blank]
Sheriff asks the court for a rule for security for cost which was granted.
James B. Bryan vs A. C. Haught & Others. [blank]
Sheriff asks the court for a rule for security for cost which was granted.
Ann Sargent vs A. Cockrell, et al. Security.
Sheriff asks the court for a rule for security for cost which was granted.
H. R. Morris vs John R. Fondren. Security.
Sheriff asks the court for a rule for security for cost which was granted.
A. G. Walker vs J. N. Combs. Security.
Sheriff asks the court for a rule for security for cost which was granted.
(p. 383*) [NOTE: Page number used previously]
William Myers vs John Merryfield, Admr. Security.
Sheriff asks the court for a rule for security for cost which was granted.
Willard & Tuttle vs Wesley M. Shenault. Security.
Sheriff asks the court for a rule for security for cost which was granted.
Meredith Myers vs Alexander Cockrell. Security.
Sheriff asks the court for a rule for security for cost which was granted.
A. M. & C. C. Alexander vs J. B. McPherson. Security.
Sheriff asks the court for a rule for security for cost which was granted.
Wesley Cockrell vs T. V. Griffin. Security.
Sheriff asks the court for a rule for security for cost which was granted.
Plaintiff ask leave to file amend petition and request was refused.
The Grand Jury returned the following bill of indictment:
State of Texas vs
James B. McPherson Assault with Intent to Kill.
John M. Crockett vs William Myers. Debt.
The parties in the case and the same jury as yesterday. The jury failing to agree, a mistrial was declared.
(p. 384)
T. V. Griffin vs Ezra Mulkin Closure of Mortgage.
& William J. Walker.
The parties represented by their attorneys, Stone for the plaintiff and Burford for the defendant. The defendants confessed judgment for the amount of the note. It was ordered that the plaintiff, T. V. Griffin, recover from the defendant the sum of $158.75 interest and principal.
State of Texas vs John A. Jackson. Assault with Intent to Kill.
Case is continued and alias capias is awarded.
State of Texas vs John N. Bryan. Assault with Intent to Murder.
The defendant’s attorneys are Cravens and McCoy. District Attorney enters a Nole Prosequi as to the part of the indictment charging with intent to kill. Defendant pleads guilty to a common assault. Jury: Thomas Keenan and 11 others. Verdict: We the jury fine the defendant $1.00. State of Texas is to recover the sum of $1.00 and the costs of this case.
State of Texas vs Perry Linney. Assault with Intent to Kill.
The case continued and alias capias is awarded.
(p. 385)
State of Texas vs George Linney. Assault with Intent to Kill.
The case is continued and alias capias is awarded.
State of Texas vs David Rief. Assault with Intent to Kill.
The case is continued and alias capias is awarded.
State of Texas vs. E. S. Napier. Assault with Intent to Kill.
The case is continued and alias capias is awarded.
State of Texas vs Francis Everett. Burning Timber.
The case is continued and alias capias is awarded.
State of Texas vs John C. Cook. A & B.
Defendant pleads guilty. Jury: John Merryfield and 11 others. Verdict: Assess the fine of 1 cent, John Merryfield, foreman. State of Texas is to recover from the defendant 1 cent and all costs expended and that said defendant remain in custody of sheriff until fine is paid.
(p. 386)
State of Texas vs James B. McPherson. Gaming.
Defendant pleads not guilty. Jury: Thomas Keenan and 11 others. Verdict: Guilty and fined $10.00. State of Texas to recover of the defendant the sum of $10.00 and all cost and the defendant to remain the custody of sheriff until fine is paid.
State of Texas vs Claborn Worsham, Calvin G. Cole, Gaming.
Alexander Cockrell and James Crutchfield.
Alias capias awarded for defendant Crutchfield and case continued as to him. The case coming to be heard and Claborn Worsham failing to appear, it is therefore ordered that the State of Texas recover from the said Claborn Worsham and his securities Alexander Cockrell and Calvin G. Cole the sum of $100.00 each and commanding them to appear at the next term of this court to show why judgment not be made final. Defendants Calvin G. Cole and Alexander Cockrell appear in court and announced themselves ready for trial and plead not guilty. Jury: William M. Leonard and 11 others. Verdict: Find for the defendants and it is therefore ordered by the court that the defendants recover of the State all costs.
(p. 387)
State of Texas vs William Shelton and __(blank) Culpepper. Gaming.
The death of the defendant William Shelton being suggested the District Attorney will no longer prosecute this case. Case dismissed.
State of Texas vs Jesse H. Kelly. Assault with Intent to Kill.
Case is continued and alias capias is issued.
State of Texas vs John Kelly. Burning Prairie.
Case dismissed.
(p. 388) [NOTE: This page number was skipped and not used]
(p. 389)
Willard & Tuttle vs Wesley M. Shenault. Debt.
Defendant confessed judgment, plaintiffs, Willard and Tuttle, will recover the sum of $178.28 principal and $20.78 interest for a total of $199.06 and interest thereon at 2% until paid, plus all costs.
Entered as of Monday.
A. J. May vs Jane Cochran and others, Petition to Decree Title.
heirs at law of William M. Cochran.
Parties by their attorneys, Nat M. Burford for the plaintiffs and Crockett & Good for the defendants. Plaintiff asks to amend petition. It appears that some of the defendants to wit: John H. Cochran, Archelaus M. Cochran, William P. Cochran, James Cochran, Martha A. Cochran and George N. Cochran are minors. Ordered that John M. Cockrell be made guardian ad litem to said minors to defend their rights in this suit.
(p. 390)
Wesley Cockrell vs T. V. Griffin, Executor. [blank]
Defendant by his attorneys, Crockett & Good, filed a motion to dismiss a certiorari, which motion was sustained. The plaintiff asks to file an amended petition which was refused. Therefore, this case is dismissed from the docket and the defendant is to recover from the plaintiff, Wesley Cockrell and his security, all costs.
William Myers vs A. H. Martin. Certiorari.
Defendant moves that the court dismiss the certiorari, which motion was overruled.
Thursday November 10th, 1853
Garrett Langford vs Elizabeth Langford. Divorce.
Parties by their attorney’s announce themselves ready for trial. Jury: James Armstrong and 11 others. Verdict: Find for the plaintiff. James Armstrong foreman. Therefore it is decreed that the said Garrett Langford and Elizabeth Langford be divorced and each is free to contract the right of matrimony with any other person and that the said Garrett Langford to recover from the defendant Elizabeth Langford one half of the cost of filing this suit.
(p. 391)
William Myers vs A. H. Martin. Certiorari.
The plaintiff appears by his attorney E. P. Nicholson and defendant in his own proper person. This case is continued on the affidavit of the plaintiff.
Aaron Overton vs John M. Crockett. Trespass to Try Title.
This case is set for trial on Monday next.
William Myers vs John Merryfield, Certiorari.
Administrator of Benj. Keifer.
Now come the parties by their attorneys, Nicholson for the plaintiff and McCoy for the defendant and announce themselves ready for trial. Defendant excepts to the plaintiffs petition which is sustained by the court and ordered that the case be dismissed and the defendant John Merryfield, adm. of Benj. Keifer recover from plaintiff William Myers and his securities, William Coombs, Benjamin Myers and John B. Robinson, all costs.
State of Texas vs James B. McPherson. [blank]
The defendant James B. McPherson, principal, and John B. Robinson, Samuel B. Pryor, N. T. Stratton and A. C. Haught, his securities, acknowledged themselves to be indebted to the State of Texas in sum of $1,000 to be void on condition that the said McPherson shall make his personal appearance in court.
(p. 392)
A. J. May vs James A. Smith, Admin. of [blank]
William M. Cochran, Nancy Jane Cochran,
John H. Cochran, Archilaus M. Cochran,
William P. Cochran, James Cochran,
Martha Cochran, George N. Cochran.
Now appear the plaintiff Andrew J. May by his attorney Nat M. Burford and the defendant James A. Smith, Admin. of William M. Cochran, dec’d and Nancy Jane Cochran surviving relict of said William M. Cochran, by their attorneys, Crockett and Good, and John M. Crockett guardian of John H. Cochran, Archilaus M. Cochran, William P. Cochran, James Cochran, Martha Cochran, George N. Cochran, minor heirs of William M. Cochran. Jury: Thomas Keenan and 11 others. Verdict: Find for the plaintiff that he is to receive 1/2 of 640 acres …headright of Harry Newton issued to him as a colonist in Peter’s Colony. Land located in Dallas Co., Texas, on the Elm Fork of the Trinity River, known as Section 22, Township 1, North range 1. Court orders that T. C. Hawpe, sheriff of Dallas Co., A. M. Keen, Milton F. Fortner and Francis A. Winn be appointed commissioners to divide the said land into two equal portions according to quantity and quality and to allow one portion to said plaintiff A. J. May and the other to the defendants. Further ordered that the parties each pay one half of the costs of this case.
(p. 393-395)
M. E. Hibbits, Admix. vs. J. P. Lawrence. Trespass to Try Title.
Plaintiff’s attorney says he will not prosecute this suit further. Defendant proceeding to trial. Jury: Thomas Keenan and 11 others. Verdict: Find for the defendant and it is ordered that the John P. Lawrence recover from the plaintiff, Margaret E. Hibbits, Admix. of Robert H. Hibbits, a tract of land 233 3/4 acres lying on the waters of the E. Trinity and Long Creek (p.394) and designated among the surveys made by A. M. Keen, Deputy Surveyor for the Nacodgoches Land District as survey #89 C. Also 382 acres of land lying on the waters of Mesquite Creek, this survey made by A. M. Keen, Deputy Surveyor as aforesaid as survey #157 C. Also 200 acres on the E. Fork of the Trinity designated as survey #178 C. Also 320 acres on N Mesquite Creek beginning at the NE corner of Timothy Colwells (p. 395) survey #25 B.
(p. 396)
James M. Bennett, Admin. of Thomas Scott vs the Adminx. of R. H. Hibbits, dec’d and Charlotte Thompson and A. A. Nelson. [This long case was entered and marked through as ERROR. It is again entered on p. 402]
(p. 397)
James M. Bennett vs William P. Howard Trespass to Try Title.
and A. A. Nelson.
Parties by their attorneys Crockett, Good & Cravens for the plaintiff and McCoy & Nicholson for the defendant announce themselves ready for trial. Jury: James Armstrong & 11 others. Verdict: Find for the defendant. It is ordered that the defendant William P. Howard recover from the plaintiff James M. Bennett all his costs.
(p. 398) Friday 11 November 1853
John N. Bryan vs G. M. Pettitt. Debt.
Plaintiff by his attorney and as the defendant did not appear although he had been served legal notice, it is ordered that the plaintiff have judgment from defendant by default. Said plaintiff, John N. Bryan, shall recover from Gideon M. Pettitt the sum of $275.56 principal with interest thereon at the rate of 8% until paid together with the costs of this case.
A. M. & C. C. Alexander vs Pleasant Taylor. Debt.
The plaintiffs by their attorney and as the defendant did not appear although he had been served legal notice, it is ordered that the said plaintiffs A. M. & C. C. Alexander shall recover from the defendant $215.17 principal and $22.00 interest which sum to bear interest at the rate of 8% until paid together with the costs of this case.
Ann Sargent vs A. Cockrell and John N. Bryan. Debt.
Plaintiff by her attorney and since the defendants come not it is ordered that the plaintiff have judgment from defendant by default. Said plaintiff is to recover from Alexander Cockrell and John N. Bryan the sum $118.46 principal and $5.27 interest and at the rate of 8% until paid together with the cost of the suit.
(p. 399)
James H. Woodfin vs Foster W. Dunaway. Debt.
Plaintiff by his attorney and since the defendant did not appear it is ordered that the plaintiff have judgment from the defendant by default. Said Woodfin to recover from Dunaway the sum of $105.00 principal and $25.94 interest and at the rate of 8% until paid and the cost of suit.
Allen A. Hall and Charles M. Norvell, Debt.
Firm of Hall & Norvell vs Foster W. Dunaway.
Plaintiffs by their attorneys and since the defendant did not appear it is ordered that the plaintiffs have judgment from the defendant by default. Plaintiffs to recover $236.06 principal and $54.50 interest with interest at 8% per annum until paid together with the cost of suit.
John J. Goodwin, Admin. vs Nat M. Burford, Debt.
Samuel B. Pryor, T. C. Hawpe, Allen Beard.
Plaintiff by his attorney, the defendants do not appear, it is ordered that the plaintiff have judgment from the defendants by default and the said John J. Goodwin, Administrator of Henry Balchmeyer. Plaintiff to recover from defendants $102.00 and $.96 cents interest and interest at the rate at 8% until paid together with the cost of this suit.
(p. 400)
A. M. & C. C. Alexander Debt.
vs James B. McPherson.
The plaintiffs by their attorneys and the defendant comes not it is ordered that the plaintiffs have judgment from the defendants by default and the sum $109.89 principal and $8.20 interest and interest at 8% until paid together with cost of this suit.
G. L. Leonard vs J. B. Robeson. Trespass to Try Title.
The case is continued on the affidavit of the defendant.
James B. Bryan vs John N. Bryan [blank] and Samuel B. Pryor.
Case continued.
County of Dallas vs N. T. Stratton. Malfeasance.
Plaintiff [should be read defendant] represented by her attorneys and it appearing to the satisfaction of the court that process had not been served on defendant; the case is continued.
Carlos Wise vs J. F. Garrett. Trespass.
It appearing to the satisfaction of the court that due process had not been served on the defendant; this case is continued until the next term.
(p. 401)
Meredith Myers vs Alex Cockrell. Trespass to Try Title.
Defendant files an amended answer and the case continued.
James M. Bennett vs William P. Howard. [blank]
Plaintiff by his attorney moves that the court grant a mistrial which motion was sustained by the court.
F. N. Vassallo vs McPherson & Parker. [blank]
Plaintiff asked to file a substitute petition. Motion was granted to substitute petition.
Elizabeth Bryan vs James B. Bryan. Divorce.
The parties by their attorneys, Crockett & Good for the plaintiff; Burford & Stone for the defendant, announce themselves ready for trial. Jury: Thomas Keenan and 11 others. Night coming on the jury was allowed to disperse until tomorrow morning at 8 o’clock.
(p. 402-3)
James N. Bennett, Admr. of Thomas Scott, dec’d. [blank] vs Admrx. of R. H. Hibbitt, dec’d., Charlotte
Thompson and A. A. Nelson.
Plaintiff by his attorney dismisses the case as to Charlotte Thompson. Margaret E. Hibbit, Admrx. of the deceased Robert H. Hibbit and Albert A. Nelson having failed to file answers are in default. Ordered by the court that James N. Bennett, Admin. of Thomas Scott, dec’d. should recover from Margaret Hibbit the following parcel of land, Survey #156C lying on Mesquite Creek. Defendant to pay all expenses of this case with the exception of the expenses of A. A. Nelson who is to be paid by plaintiff.
(p. 404) Saturday November 12, 1853
Elizabeth Bryan vs James B. Bryan. Divorce.
The jury not having sufficient time to complete their verdict are permitted to disperse until 9 o’clock Monday morning.
State of Texas vs Calvin G. Cole, et al. Scire Facias.
The court orders that the Scire Facias be dismissed and the judgment against Calvin G. Cole and his securities Alexander Cockrell and James B. McPherson be set aside.
(p. 405) Monday November 14, 1853
Elizabeth Bryan vs James B. Bryan. Divorce.
Same jury as of Saturday.
Verdict: In answer to the first issue, we the jury find they are. [NOTE: first issue is not defined .] Thomas Keenan, foreman.
Verdict: In answer to the second issue, we the jury find the following property as a separate property belonging to Elizabeth Bryan:
Lots #3, 4, 5 & 6 in Block #3 and Block #72 in Town Dallas
1 black mare
1 table, red painted
3 feather beds
1 coverlet
11 blankets, counter panes and quilts
2 looking glasses
4 quilts not quilted
1 large oven
1 leather trunk
1 rocking chair
8 common chairs
3 straw bed ticks
1 brass clock
1 wooden bucket
1 pair fire arms
2 smoothing irons
1 shovel and tongs
1 skillet
1 pair pot hooks
1 frying pan
1 dozen cups and saucers
2 dozen dining plates 1 dozen knives and forks
2 pitchers
2 sugar dishes
1 molasses stand
1 caster stand
4 glass tumblers
2 glass jars
4 tin pans
1 small tin bucket
1 tin strainer
1 tin wash pan
1 clothes brush
2 large pine boxes
1 Stan [???] Bed
curtains
1 mosquito bar
1 work basket
1 Stan [???] Bed ruffles; (p. 406)
6 roller hand towels
4 table clothes
1 tea kettle
2 dresses
1 box artificial flowers
1 small box covered with paper
2 bonnets
1 large tea waiter
2 brass candle sticks
1 pair shoes
1 band box
2 sal. stands
1 box curtains
2 dresses
1 white and blue lawn
2 red bed comforts
3 quilts
4 white window curtains
1 purple lawn dress pattern
1 embroidered cape
1 pair white hose
1 pair cotton cards
1 parasol
1 package of papers
with deeds to lots
1 pair candle molds
6 pillow cases
2 bolster cases
21 head of cattle consisting of 19 cows and 2 steers.
Verdict: In answer to the third issue we find no separate property belonging to the defendant. We find the following as common property of Elizabeth and J. Bryan:
1 press, walnut
1 box
1 walnut candle stand
2 fine bed steads
8 pillows
4 bolsters
1 blue pitcher and wash bowl
1 looking glass
8 straw bed ticks
2 quilts not quilted
1 Mersails quilt
1 cercking [???] stove
1 leather trunk
1 rocking chair
1 iron kettle
1 brass kettle
1 wash tub
1 carpet
1 small oven
1 skillet
3 soup dishes
4 large flat dishes
11 cup plates
7 glass dessert plates
1 glass preserve plate
2 molasses stand
[continued from previous page]
2 stone jars
1 dozen glass bottles
3 silver spoons
2 tin pans
2 picture frames
1 fly brush
3 quilt linens
1 bed spread and furniture calico
2 work baskets
4 Stan [???] bed curtains
3 table clothes
1 dipper
1 Phernologie Map
1 work box
1 plate
1 paper box
1 shoe box
2 pictures
2 pieces window paper
1 rag carpet
1 salt stand
6 german silver spoons
2 table spreads
1 trunnel bed stead
5 cake cutters
4 bottles
1 sauce pan
4 blue window curtains
1 crasin board [???] window curtain
2 green window curtains
2 blue alpaker, 5 yards & 3 yards
5 black velvet
4 yards heavy black fringe
12 yards edging
12 skeins silk thread
7 pieces ribbon
6 remnants calico
1 remnant white swiss
1 parasol
10 skeins crewel
2 boxes of hairpins
1 linen pocket handkerchief
2 balls cologne
1 dozen spools cotton
1 calico pocket and contents (scraps)
1 box stan (?) candles
2 pieces of lining for dresses
4 yards brown damest [damask?]
½ interest in 8 day clock
1 miniature breast pin
4 bolster cases
4 straw bolsters (new ticks)
11 blankets, quilts,etc.
1 small 2 year colt
17 head cattle, young stock
It is therefore ordered and decreed by the court that said plaintiff Elizabeth Bryan be divorced from said James B. Bryan and that the plaintiff take her separate property and it is further ordered that the sheriff, T. C. Hawpe, Joseph W. Elliott and Ben Merrill be appointed commissioners to divide the common property. If the parties cannot agree upon the division; the commissioners after giving two days notice shall sell the property and give each party half of the proceeds. The plaintiff and defendants each are to pay one half the cost of the suit.
(p. 408)
Aaron Overton vs John M. Crockett. Trespass to Try Title.
The parties in person as well as by their attorneys declare themselves ready for trial. Jury: James Armstrong and 11 others. Verdict: Night coming on the jury was dispersed until tomorrow morning at 8 o’clock.
(p. 409) Tuesday November 15th 1853
Cornelius Miller vs Robert Sloan. Trespass to Try Title.
By consent of the parties it is ordered by the court that this case be dismissed. Defendant Robert Sloan is to recover from plaintiff Cornelius Miller all costs of this case.
William B. Miller vs Robert Sloan. Debt.
By consent of the parties it is ordered that the defendant recover from the plaintiff, William B. Miller all costs and this case be dismissed from the docket.
Aaron Overton vs John M. Crockett. Trespass to Try Title.
The parties by their attorneys and the same jury as yesterday. The parties proceeded with the evidence which being completed and night coming on the jury is discharged until tomorrow at 8 o’clock.
(p. 410) Wednesday November 16th 1853
Elizabeth Bryan vs James B. Bryan. Divorce.
At this time John C. McCoy who was appointed receiver at a previous term of this court for the purpose receiving the rents for the DALLAS INN and presents his report. The parties being present by their attorneys received the annexed the report and it was approved by the court and John C. McCoy was discharged.
Aaron Overton vs John M. Crockett. Trespass to Try Title.
The parties by their attorneys and the same jury as yesterday the parties proceeded with their arguments. The court proceeded to submit the charge to which both parties excepts and the jury retired to consult on their verdict. Verdict: Find for the defendant. James Armstrong, foreman. Decreed by the court that Aaron Overton take nothing for his suit and the defendant John M. Crockett recover from Overton all his costs in this suit.
Alexander Cockrell vs Thomas McCarroll Certiorari.
and Susan Carpenter.
The parties by their attorneys Crockett & Good for the plaintiff, Nicholson, Burford & Stone for the defendants and by consent for the bar and agreement of counsel this case is set for trial tomorrow.
Ordered by the court that a fine of $10.00 be entered against Calvin G. Cole and that he be in custody of the sheriff until the fine is paid.
(p. 412)
James M. Bennett vs William P. Howard [blank] & A. A. Nelson
The plaintiff comes and William P. Howard by his attorney and it appearing to the court that the defendant had filed a disclaimer to the following lands to wit: land description names the N. Prong of Long Creek,it is designated as Survey number 97C containing 56½ acres and the plaintiff has waived right to all claims of damage in this case, it is ordered that the said disclaimer be received and the plaintiff James M. Bennett recover from the defendant all cost in this case. The defendant gives notice for an appeal.
(p. 413) Thursday November 17th, 1853
Ordered by the court that the fine ordered against Calvin G. Cole on yesterday for $10.00 be reduced to $2.50 and that said Cole be in custody of the sheriff until said sum be paid.
Ordered by the court that William Myers be fined the sum of $.50 cents and that said Myers be in custody of the sheriff until fine is paid.
Aaron Overton vs John M. Crockett. [blank]
The plaintiff in this cause by his attorneys moves the court to grant a new trial, which motion is over ruled by the court. There upon the plaintiff gave notice of an appeal of the Supreme Court.
William M. Hart for the use of John E. [blank]
Cravens vs Pleasant Taylor.
The parties by their attorneys. Jury: James Armstrong and 11 others. Verdict: Find for the plaintiff $500.00 principal, $20.89 interest, it is therefore ordered by the court that the said William M. Hart for the use of John E. Cravens recover of the defendant Pleasant Taylor $520.89 plus all costs in this case.
(p. 414)
William M. Simpson vs A. G. Walker. Certiorari.
The parties came in person as well as by their attorneys. By agreement of the parties it was ordered that the continuance of this case entered on a previous day of this term of court be set aside and the case dismissed. The plaintiff to recover of the defendant all his costs.
(p. 415)
Alexander Cockrell vs James B. McPherson Debt. & Joseph R. Parker.
The parties by their attorneys announce themselves ready for trial and waive intervention of a jury. The case is submitted to the court. Ordered by the court that the plaintiff, Alexander Cockrell, recover of the defendants, James B. McPherson and Joseph R. Parker, the sum of $105.62 principal and $13.65 interest and all costs of this suit. Judgment bear 10% interest until date paid. [NOTE: The next three entries were identical to this one and were not abstracted]
(p. 416)
James B. Bryan vs A. C. Haught, Elizabeth Bryan, Debt.
J. W. Smith & T. C. Hawpe.
The parties by their attorneys. The defendants asked leave to file amended answer which was granted. The plaintiff dismisses his suit as to Elizabeth Bryan (one of the defendant in this case). The case submitted to jury: Thomas Keennan and 11 others. Verdict. Find for the defendants. Thomas Keenan foreman. Therefore ordered by the court that the plaintiff James B. Bryan take nothing by his suit and that the defendants A. C. Haught, J. W. Smith, T. C. Hawpe & Elizabeth Bryan recover from the plaintiff the costs of this suit.
William A. Pruitt vs Elizabeth Pruitt. Divorce.
Now came the plaintiff by his attorney and it appearing that the defendant not having been served with legal notice, this case is continued.
C. W. Adams & Co. vs William Turbervill. Certiorari.
The parties came in person as well as by their attorneys and announced themselves ready for trial. Jury: James Armstrong and 11 others. Verdict: Jury being unable to agree, they were allowed to disperse until tomorrow at 8 o’clock.
(p. 417)
H. R. Morris vs J. R. Fondren. Trespass on This Case.
Case is continued under the rule for security.
A. Gouhenant vs J. B. McPherson. Debt.
Case continued on an affidavit of the defendant.
Alexander Cockrell vs Thomas McCarroll Certiorari.
& Susan Carpenter.
The parties by their attorneys announce themselves ready for trial. Jury: Thomas Keenan and 11 others. Verdict: Find for the defendants. Plaintiff Alexander Cockrell take nothing and the defendants Thomas McCarroll & Susan McCarroll [McCarroll marked through] Carpenter. They are to recover from Alexander Cockrell and his securities William Turberville and A. C. Haught all costs.
(p. 418) Friday November 18th, 1853
C. W. Adams & Co. vs William Turberville. Certiorari.
Same jury as yesterday. The jury failing to agree, a mistrial is entered and this case is continued until next term of court.
F. N. Vassallo vs McPherson & Parker. Injunction.
Plaintiff files substitute petition to which the defendant’s attorney excepts. The exception was sustained by the court. Ordered that the injunction be dissolved and case dismissed. Defendants to recover cost.
James B. Bryan vs John W. Smith, [blank]
A. C. Haught & T. C. Hawpe.
The plaintiff by his attorney moved the court to grant a new trial which is sustained by the court and case continued.
M. G. Hibbits, Admin. vs J. P. Lawrence. [blank]
Now at time comes A. M. Keen, a surveyor appointed at a previous term of this court to survey the claims and counter claims for the parties in this suit. He presents his account for surveying for the sum of $130.50 which was approved by the court and ordered to be taxed in the bill of costs in this case.
(p. 420)
James M. Bennett vs William P. Howard. [blank]
Now at this time comes A. M. Keen who was appointed to survey the claims of the parties in this suit and presented his account in the sum of $99.00 which was examined in open court and approved and allowed to the amount of $50.00, which was ordered to be taxed in the bill of costs in this case.
Ordered by the court that Edward C. Browder, Clerk of the District Court be allowed $25.00 for extra services since the last term of court.
Ordered by the court that Wesley M. Chenault be allowed the sum of $1.50 per day for 3 days service as bailiff to the grand jury making in all $4.50.
Ordered by the court that Robert J. McKenzie be allowed the sum of $1.50 per day for 11 days as bailiff during the sitting of the present term of this court, making the sum of $16.50.
(p. 421)
Report of jury. State of Texas, District Court, Fall Term, 1853. Report and list of jurors who served at this term of court, with the amount due each and their pro?rata amount of the jury fines collected at this term.
NAME OF THE JUROR # OF DAYS $ AMOUNT PRO?RATA
GRAND JURY:
A. W. Webb 3 $4.50 $1.42
Thomas Johnson 3 $4.50 $1.42
William Chenault 3 $4.50 $1.42
John McCommas 3 $4.50 $1.42
Joshua Barker 3 $4.50 $1.42
James M. Patterson 3 $4.50 $1.42
Everard Sharrick 3 $4.50 $1.42
A. J. Mannin 3 $4.50 $1.42
Richard Bruton 3 $4.50 $1.42
B. F. Bethurum 3 $4.50 $1.42
A. Hart 3 $4.50 $1.42
T. M. Ellis 3 $4.50 $1.42
T. H. Holloway 3 $4.50 $1.42
Powell Narboe 3 $4.50 $1.42
A. B. Lanier 3 $4.50 $1.42
TRIAL JURY:
W. B. Fondren 9 $13.50 $4.27½
J. M. Bennett 11 16.50 5.22½
W. A. Pruitt 6 9.00 2.85
James Armstrong 11 16.50 5.22½
W. M. Lenard 6 9.00 2.85
F. C. Jackson 11 16.50 5.22½
C. F. Coats 11 16.50 5.22½
N. H. Clanton 11 16.50 5.22½
M. F. Fortner 11 16.50 5.22½
J. S. Smith 11 16.50 5.22½
W. Cockrell 4 6.00 1.90
A. G. Harris 3 4.50 1.42½
John Horton 11 16.50 5.22½
G. S. C. Leonard 9 13.50 4.27½
William Pruitt 8 12.00 3.80
J. J. Beeman 2 3.00 .95
William Burtle 3 4.50 1.42½
A. J. Garner 2 3.00 .95
Sam Haught 5 7.50 2.37½
W. H. Bennett 11 16.50 5.22½
W. Perry 11 16.50 5.22½
R. Grounds 5 7.50 2.37½
[continued from previous page]
NAME OF THE JUROR # OF DAYS $ AMOUNT PRO?RATA
D. L. Hall 11 16.50 5.22½
C. G. Cole 11 16.50 5.22½
Thomas Cheshire 11 16.50 5.22½
Thomas Keenan 11 16.50 5.22½
J. W. Wright 11 16.50 5.22½
L. B. McCommas 7 10.50 3.32½
William Chenault 8 12.00 3.80
William Myers 1 16.50 5.22½
Robert Sloan 2 3.00 .95
William P. Carder 3 4.50 1.42½
William J. Walker 9 13.50 4.27½
J. R. Fondren 3 4.50 1.42½
JURY FEES PAID SINCE LAST TERM OF COURT:
COURT CASE AMOUNT
State vs Holman $5.00
Simpson vs Jenkins 3.00
Two cases; Dunnaway
vs Pryor 6.00
Dunnaway vs Overton 3.00
COURT CASE AMOUNT
Hunt vs Taylor 3.00
State vs Blackwell 5.00
Two cases; McPherson vs Worsham 6.00
Rice et al vs Bledsoe 3.00
JURY FEES COLLECTED DURING THIS TERM OF COURT:
COURT CASE JURY FEE PAID BY AMOUNT
Griffin vs Mulkin Mulkin $3.00
Marryfield vs Wilson Wilson 3.00
Myers vs Merryfield, Admin. Merryfield 3.00
Bennett vs Howard Bennett 3.00
Bennett vs Hibbitt Bennett 3.00
Hibbitt vs Lawrence Lawrence 3.00
Dallas Co. vs A. G. Walker Co. Treasurer 3.00
Woodfin vs Dunnaway Dunnaway 3.00
Hall & Norvell vs Dunnaway Dunnaway 3.00
State vs J. C. Cook Cook 5.00
State vs J. N. Bryan Bryan 5.00
Huit & Cravens vs Taylor Cravens 3.00
Simpson vs Walker (5 cases) C & G [Crockett & Good] 15.00
Bryan vs Pettitt McCoy 3.00
E. Bryan vs J. B. Bryan C & G [Crockett & Good] 3.00
Law vs Cameron H. Browder 3.00
Willis vs Sloan Hawpe 3.00
JURY FEES COLLECTED DURING THIS TERM OF COURT:
[continued from previous page]
COURT CASE JURY FEE PAID BY AMOUNT
Miller vs Miller Hawpe 3.00
May vs Cochran, Admin. Burford 3.00
Cockrell vs McPherson & Parker C & G [Crockett & Good] 3.00
Cockrell vs Griffin, Exr. C & G [Crockett & Good] 3.00
Overton vs Crockett Hawpe 3.00
Alexander vs Taylor Burford 3.00
Bryan vs Haught, et al C & G [Crockett & Good] 3.00
Sargint vs Cockrell C & G [Crockett & Good] 3.00
Cockrell vs McCarroll Burford 3.00
Willard & Pruitt vs Chenault C & G [Crockett & Good] 3.00
Goodwin, Admin vs Burford, et al C & G [Crockett & Good] 3.00
Alexander vs McPherson Burford 3.00
State vs McPherson McPherson 5.00
Walker vs Coombs C & G [Crockett & Good] 3.00
Vassallo vs McPherson & Parker McCoy 3.00
Calvin G. Cole (FINE) 2.50
William Myers (FINE) .50
TOTAL $120.00
Jury fee collected from last term + 34.00
TOTAL $154.00
Deduct 2 1/2% for the clerk – 4.00
Total $150.00
Pro-Rata = $150.00 divided by 315 = amount per day = 47½ cents
Respectfully submitted November 18th, 1853;
Edward C. Browder, Clerk;
Examined and approved in open court,
/s/ John H. Reagan, District Judge,
9th Judicial District, State of Texas.
Ordered court be adjourned.
