Land 1909 TX Morris Stidham James

Description

Morris Co., TX, District Court Minutes G/203

Source Text

1729 { W. R. Stidham Et al. vs. James Stidham Et al. } March 13 - 1909. on this day came this cause being called for trial in its regular order and appeared both plaint. & Defendant in person, and announced ready for Trial, and a jury being waived all matters of fact as well as of law were submitted to the Court; The Court after hearing the pleadings, evidence, and the argument of council is of the opinion and find that the Plaintiffs and Defendants except Joe Stidham are the sole owners of and by law entitled to partition and division, share, and share alike of ----- land and premises sought to be divided to wit: The following tract of land, situated in Morris and Cass County Texas, first, one Hundred Seventy (170) acres of the Jacob Stalling head right Survey, begining at the S. W. Corner of the said Stalling Survey, and the S. E. Corner of the Elija Cox Survey, a stake. Thence E. 1116 vrs to a stake from which a Post oak brs N. 67 W. 9 ¾ vrs, a Black Jack S 26 W. 9 ½ vrs mkd. X. Thence N. 860 Vrs to a stake a pine oak brs S. 82 W. 11 Vrs mkd X. a pine oak brs N. 58 E 4 ¾ vrs mks X. Thence W. 1116 vrs. to a stake on Coxes E. B. line. Thence S. 860 Vrs. to the place of begining. Also another Tract same being 21 15/100 acres, Known as part of Enoch Pelton H. R. Survey, Begining at a stake at the NW Corner of the James Stidham 124 acre survey, of said head right from which a red oak 2 in. in diameter brs S 10 E 6 Vrs off, a Sweet Gum 3 in. in diameter brs. S 14 W 5 ½ vrs off both mk. X. Thence 114 ½ vrs to a Black Jack 16 in. in diameter mkd. X. Thence South 1042 90/100 Vrs to a stake in the North B line of W. B. Lewis 200 acre survey it being the same Head right from which a Black Jack 12 in. in diamter brs. N. 65 W. 6 Vrs off, and a stooping Hicory 8 in. in diameter brs. N. 38 E 8 vrs off both mkd X. Thence E. with N. B. line of said Lewis Survey 118 ½ vrs a stake, from which a Hickory 4 in. diameter brs N. 67 5 ½ vrs. mkd. X. Thence N. with the E. B line of the W. B. Womack survey, with W B line of the Jas. Stidham 1042 91/100 vrs, To the Place of begining. Another Tract of 125 acres of the Enock Pelton Survey Begining on the N B line of the W. B. Lewis Tract of 200 acres, at a stake from which a Hickory 4 in. in diameter brs N 67 W 5 ½ Vrs. Mkd X. Thence N. 1042 90/100 vrs. to a stake from which a red oak 4 in. in diameter brs S 10 6 vrs mkd X. Thence E along it S line 672 16/100 vrs to a stake. Thence south on the county line on the W line of Jas. Bradfield land to a Point in the Marsh 20 Vrs. W from which stands a stake, from which a red oak 6 in. in diameter mkd X. Thence west along the North line of the W. B. Line 67 4/10 vrs. to the Place of begining. Also another tract of the Jacob Stalling Head right comencing at a stake at the SE corner of said land. Thence west 684 Vrs to a black Jack and the Boundary line of said survey. Thence N. 413 vrs to a stake. Thence E. 684 vrs to a stake on the E B line of said survey. Thence S. 413 vrs to the place of begining. Containing 50 acres, 20 acres of the same H. R. Survey Comencing at the N. W. Corner of a tract of land heretofore sold by Elisha Cox to John Cox. Thence North 345 Vrs a stake. Thence E 684 vrs at stake. Thence west 684 Vrs to the place of bging. It is therefore ordered and decreed by the Court that said above land is hereby ordered and directed and partitioned and distributed equally between Pltff and Defts to wit, to Plaintiff W. R. Stidham 1/5 interest, Mrs. Emma Presley 1/5 Interest, to be her seperate property, Mrs. Fannie Hazel 1/5 interest to be her seperate property, Jas. Stidham 2/5 Interest the said Joe Stidham tae nothing in and to said land and premises. And it appearing to the Court that J. H. Mars, W. S. Cunar, J. W. Hall are residents of Morris County Texas, and competant and disinterested persons, It is ordered that they be and are hereby appointed Commissioners to make a fair equal just and impartial partition of said land and premesis above described share and share alike, between Plaintiff and defendant in accordance with this decree and the law, and when completed report the same in writing and under oath to the District Court at Sept. Term A.D. 1909, describing the real estate divided, giving the several Tracts or parcels into which the same was divided, describing particularly each of said Tracts or parcels the number of shares and the land which constitutes each share, and the estimate value and the allotment of each share, accompaynied by such field notes as may be necessary to make the same, resulting sale if in the opinion of such Commissioners, a fair and Equitable division of said real Estate as any part thereof can not be made they shall report the fact to this court in writing under oath at the next term of the dist. Court of Morris County Texas, stating their reason for such opinion for which a writ of Partition may issue.    P. A. Tunner