Transcribed from document held at the Texas State Archives, Austin, Texas.
Please
understand that all punctuation will be (or not be) as is on the document.
Any
typos are my own.
Submitted by Joanne DeShong
The
State of Texas
County of Harrison
At a
term of the District Court begun and holden at marshall in and for the County
of Harrison on the fifteenth day of December AD 1851 before the Honorable
Samuel D. Evans Judge thereof.
The
following Cause came on for trial:
W.W.O.
Stanfield Plaintiff
Vs
John
Carmley and
Daniel
Carmley Defandants
State
of Texas
Harrison County
District
Court [Inne Time, looks like] 1850
To
the Hon Samuel D. Evans Judge of the District Court in and for the 6th
Judicial District John Carmley and Daniel Carmley who reside in the County of Harrison. Complains of William W. O. Stanfield who also
resides in said county and say that on the –day of November or some time in the
year AD 1845 one Abner P. Vaughn obtained a judgement for the sum of three
hundred dollars cash of suit before John W. Maulding a Justice of the peace in
and for said county against John F. Ramsdale
That an execution issued on said Judgement on the 24th day of
February A.D. 1846 and on the 7th day of march A.D. 1846 by Jerimiah
Ogle constable in and for said county was levied on one hundred acres of land
of the headright of said John F. Ramsdale
Which land is described as follows Commencing at the South West corner
of said Ramsdale headright survey thence running North with the West line of
said survey eighteen hundred and eighty two yards to a stake Whence S 33
degrees East three hundred hundred yards to a stake thence South 37 degrees
West eighteen hundred and eightytwo yards to the bank of the Sabine Thence North 77 degrees West with the bank of
said river to the place of beginning.
Which land lies in Harrison County on the North side of the Sabine river
including Ramsdale’s Ferry That after
due advertisements and proceedings in regard to the same said land on the first
Tuesday in April AD 1846 was lawfully sold by said Constable by virtue of said
levy and execution and that David G. Weuff became the purchaser thereof as
evidenced by the deed of said Constable to said Weuff of the date of the 15th
day of December AD 1846 said Weuff for a valuable consideration sold said land
to Elijah Martin by deed of that date and the said 15th day of
December AD 1846 both of said deeds were filed in the Office of the Clerk of
the County of said County-----------for record and by said Clerk was recorded
that on or about the 25th day of December AD 1848 petitioners
emigrated to the state of Texas and on the __ day of January AD 1849 the said
martin being in possession of said land and planning to hold the same by virtue
of said Deeds of Conveyance induced petitioners to purchase the same from him
which petitioners did the said martin making the deed to One of the Petitioners
said John That said Martin immediately
give the possession of said premises to petitioners and that the deed of
petitioners to said John by said Martin
was immediately recorded in the Office of the Clerk of the County Court of the
County aforesaid that petitioners are now and since the execution of said deed
by said Martin have been in the possession of said land That said Martin had been in the undisturbed
possession of said land from the said 15th day of December AD
1846 Claiming to hold the freehold and
title thereof by Virtue of his deed from said Weuff recorded as aforesaid until
the time aforesaid of the sale to petitioners all of which was well known to
said Stanfield Petitioners are informed
and believe that said Stanfield knew that Petitioners were about to purchase
said land from said martin and that said Stanfield failed to notify Petitioners
of his having a claim thereto That on
the 13th day of may AD 1830 [GOT to mean 1836 or 1838] said
Stanfield filed his petition before one R.A. Heindman a Justice of the peace in
and for said county representing that he ought to have possession of said land
and that he said Stanfield had delivered to one George W. Dunlap a certain
writing authorizing said Dunlap to hold peaceable possession of the land for
four years on which the said Dunlap then lived and also to include said Ferry
(which said (can’t make out) was leased to said Dunlap by said john F. Ramsdale
and dated the 16th day of October AD 1845 said petition of said
Stanfield further charges that said Dunlap by virtue of said writing still held
possession of said land that said
Stanfield purchased said headright of said Ramsdale That afterward he said Stanfield sold the
same and took a mortgage thereon and that the same has been foreclosed and that
he said Stanfield purchased said land by virtue and under the decree of
foreclosureand said petition of said Stanfield further represents that said
Dunlap sold his interest to said land to martin who took possession of the same
by virtue of said lease and that said martin sold his interest in said premises
to petitioners petitioners having full
knowledge of said lease aforesaid all of which statements in said petition of
said Stanfield petitioners deny to be true and charge that said Stanfield well
knew that said martin claimed the title and freehold to and in said premises by
virtue of the Deed executed to him said martin by said Weuff and recorded as
aforesaid from the said 15th day of December AD 1846 till the time
that said martin sold to petitioners aforesaid that on the 22nd day
of may AD 1850 said Matters in said petition and the prayer therein for
restitution of said premises to said Stanfield.
(Keep
in mind that from 1836 until they left the area, W.W.O. Stanfield held an
office of Justice of the Peace and was Post master, and involved with various
local events. He was also married to
John Ramsdale’s sister, Mary Ann)