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HomeMy WebLinkAboutJoseph E. Scott League 05.02.1938 (2) e i ' i,� � .y '_' 'jai. w^' Nfr v -h' Y ' S•. �. n, • 'v., a'. • "'" • .1, I ' (27WIE { if 'ice► = ; e it t.• • • • - 171 ,T rs t J l it�l ^a ... [ #f E ii lr d. - � T T uYI 1. • X': f, .; i* 111111 • }33 a q3x� .w S$1 ' s t r + ter•,$ r v c , �;- '» bra ,, ' f t - ABSTRACT---- - 0 F T I T L E T 0 A tract or parcel of land out of the Joseph E. Scott League in Brazos County, Texas, and being all those unsold lots and blocks out of College Park Addition in said League south of A & M. College, a.cording to the map of said addition recorded in Volume 38, page 602 -605 of the Deed Records of Brazos County, Texas, being; Lots Nos. 1 except the west portion con- veyed to Dr. S. S. Morgan by deed recorded in Volume 94 page 204 of the Deed Records of Bravos County, Texas, The west ends of lots 2 and 3, being the unsold portions of said lots, Lot 4 except that portion of the east end heretofore conveyed to Wayne E. Long, described in Deed Records Vol. 81, page 164, and excepting the west end of Lot 4, heretofore convoyed to Capt. J. E. Reierson, described in Vol 91 page 201 of the Deed Record of paid County and State; the East one half of Lot 2, all of lot 3 in Block 2 -A; Lots 2, 4, 5 , 6, 7, Block 3. The N. W. one half of Lot 6, and all Lot 7, in Block 4; Lots 2, 4, 12, 13, 14, 15, 16, 17, in Block 5; all of Block 6; 65 feet off of the N. W. and of Lot 1, and 40' X 65' out of west corner Lot 2, Block 8, being 65' X 110' on N. W. .corner of Block 8; Lot 7, 8, and 9 in Block 9; all of Block 10; the South 50' of Lot 2, all of Lots 3, 4, 6, 7, of Block 11; Lots 5, 9, 10, 11, . of Block 13; Lot 7, Block 14; Lots 1, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14,.15, 16, -17, 18, 19, 20, 21, 22, of Block 15; all of Block 17; all of Block 18; Lots 2, 3, 4, 5, 6, 7 and North one half of 8, Block 19; Lots 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, of Block 21 -A; East one half of Lot 4, and all of Lots, 5, 6, 7, 8, , of Block 23; Lots 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, of Block 24. Also un- platted areas except those heretofore sold by deeds to R. K. Fletcher, recorded in Deed Records 85 page 67; to I. G. Adams in Vol. 79 page 408, to J. H. Sikes Vol. 94, page 551, to Mrs. C. C. Todd, Volume 82 page 505, to Fred R. Brison Vol. 87, page 629, Robert Reed Lyles Vol. 95 page 580, and to J. S. Hopper recorded in Volume 93 page 216,..a11 of the deed records of Bravos County, Texan. Prepared for SOUTHSIDE DEVELOPMENT COMPANY College Station, Texas By THE MCSWAIN ABSTRACT COMPANY, ,, May 2nd., 1938 NNW FIELD NOTES OF JOSEPH E. SCOTT LEACIIE Recorded in Volume 1, page 34, Surveyor's Records of Brazos County, Texas t� No. 5 r + 'Richard Carter No. 4 Zeno Phillips No. 6 No. 3 Joseph E. Crawford Scott Burnett .. Scale: 4000 varas to the inch. I concede in possession one league of land to Joseph E. Scott which land has been surveyed by the Surveyor Horatio Chriesman previously appointed for the purpose under the following situation and lines: Situated to the East of the River Brazos and north of the Navasota Creek and according to the plans of the Surveys is No. 6 and joins with the leagues of Richd. Carter and Crawford Burnett and Zeno Phillips; BEGINNING at the western corner of the league of said Burnett at a stake from which a Post Oak 48 inches in dia brs S. 55 E. 5 vrs; and another 15 inches in dia brs. S. 74 W. 8 vrs; from THENCE N. 45'W. 5000 vrs to the southern corner of the league of Zeno .'Phillips at a stake from which a Post Oak bears S. 21i W. 9 vrs and another bears N 18 W. 15 vrs; from THENCE N. 45 E. and following the S. E. line of said Phillips 5000 vrs to the western corner of the Richard Carter; from THENCE S. 45 E. and following the S. W. line of said Carter 5000 vrs to the southern corner of same league which is also the northern corner of the aforesaid league No. 3 where there is a stake from which a black jack bears N 47W. 1 vrs and a Red Oak bears S 72 E. 12 vrs; from THENCE 45 W 5000 vrs and following the line of the aforesaid league No. 3 of Crawford Burnett to the place of beginning, containing one league of land in superfices. The aforesaid land belongs to the arable class in 3 labors and to the pasture class 22 labors. 2 0 c Noe Na;) State of Coahuila j Patent, Date Term of 1828 and 29. To Z Filed - Recorded Vol, 61, page 462, Joseph E. Scott, Deed Records of Brazos County, Texas. THIRD SEAL: TWO REALS Established by the State of Coahuila and Texas for the bienial term of 1828 and 29, 30 & 31, 32 & 33. Williams. (rubric) To the Hon. Commissioner:- I, Joseph E. Scott, a native of the United States of the North and one of the colonists introduced by Hon Empresario Austin for the contract of June 4, 1825, in your presence with the greatest respect make known: That my station is that of a married man; that, with my family, I have entered this country for the purpose of acquiring lands to settle myself permanently; with which understanding and with previous approval of same Hon. Empresario, I have selected one league of land which is situated east of the Brazos River, adjoining and southwest of the league of land conceded to Richard Carter, and known as League No. 6 North of Navasota Creek. For which reason, I present myself to you in order that you may be; pleased to admit me and put me in possession of said league, it being understood that I offer to comply with the provisions of the law in the matter. Therefore, I beg you to be pleased to do as I have requested, wherein I shall receive favor. Town of Austin, November 15, 1832. Mr. Commissioner: - In obedience to your preceding decree, I must say that that set forth by the petitioner is true; he is one of the colinists introduced by Hon. Empresario Austin, he is a married man and a man of very good circumstances • great honesty and industry, and I consider him entitled to the favor which he solicits. The land is vacant and outside of the ten littoral leagues. Town of Austin, November 16, 1832. Samuel M. Williams, (rubric) In view of that set forth by Citizen Agent Samuel M. Williams in the foregoiu; report, I admit this petition in conformity with the law and I order that the land indicated by surveyed by Surveyor Horacio Chriesman so as to issue the corresponding title to the interested party. Town of Austin, Nov. 17th, 1832. Migi. Arciniega (rubric) I, Citizen Miguel Arciniega, Commissioner appointed by the supreme Government of this State for the distribution and giving possession of lands and the issuing of titles to the new colonists in the colonization enter prise of Citizen Empresario Stephen F. Austin outside of ten littoral leagues of the coast Town of San Felipe De Austin, Nov. 15, 1832. To the agent of Citizen Impresario Stephen E. Austin in order that he may be pleased to report concern- ing this petition, adding whether the land is vacant and outside of the ten littoral leagues, Arciniega (rubric) 3 f (i0e Whereas, Joseph E. Scott has been received as a colonist in the coloniza- tion enterprise contracted for with Government of the State of Coahuila and Texas by Empresario Stephen F. Austin on the 4th of June, 1825, as shown on folio 1939 of this record book; and the said Joseph E. Scott having proven that he is a married man and finding in his person the requisites prescribed by the State Colonization Law of March 24, 1825; In conformity with said law and the instructions which govern me, bearing date of September 4, 1827, and with additional article of date of April 25, 1830, and in the name of the State, I concede to, confer upon and put the said Joseph E. Scott in real and personal possession of one league of land. Which land has been surveyed by Surveyor Horacio Chreisman, previously appointed for the purposes, under the following situation and boundaries: Situated east of the Brazos River and north of Navasota Creek and, according to the plan, numbered 6, and adjoining the leagues of Richard Carter, Crawford Burnet and Zeno Phillips. And beginning the survey at the west corner of said Burnet's league, at a stake from which a white oak 18 inches in diameter bears South 55 East 5 varas distant and another 15 inches in diameter bears South 74 West 8 varas distant, a lino was run North 45 West 5000 varas to the South corner of the league of Zeno Phillips, at a stake from which a white oak 9 varas distant bears South 212 West and another 15 varas distant bears North 18 West. Thence North 45 East and following the southeast boundary line of said league of Phillips 5000 varas to the west corner of the league of Richard Carter. Thence South 45 East-'and following the southwest boundary line of said league of Carter 5000 varas to the south corner of same league which is also the north corner of said League No. 3 where there is a stake from which a black jack 18 varas distant bears North 47 West and a red oak 12 varas distant bears South 72 East. Thence South 45 West 5000 varas and following the boundary line of said League No. 3 of Crawford Burnet's to the place of beginning and comprising an area of one league of land. Three labors of said land belong to the class of arable land and twenty -three labors to that of pasture land. Which serves as classification for the THIRD SEAL: TWO REALS Established by the State of Coahuila and Texas for the biennial term of 1828 and 29. 30 7 31, 32 & 33. Williams. (rribic) price which he must pay to the State for it in accordance with Article 22 of said law, under the penalties therein established; he being reminded that, with one year, he must erect permanent landmarks at every angle of the land and that he mustsettle and cultivate it in conformity with the provisions of the law. Therefore, exercisinE the power e nceded to me by said law and consequent instructions, I issue the present instrument and order that testimonio be taken of it and be delivered to the interested party so that he may possess end enjoy the benefit of land,'he, his children, heirs and successors or whoever, from him or from them, may have cause or right. Given in the Town Of San IF'elipe de Austin on the 22nd day of the month of November, 1832, and signed by me with witnesses of assistance according to law. Migl. Arciniega (rubric) 4 e � . c ol NANO' • Of Assistance, Of Assistance W. T. Lightfoot C. C. Livens (rubric) (rubric) GENERAL LAND OFFICE Austin, Texas, June 11, 1923. I certify that the foregoing four pages contains a correct translated copy of the original title to Joseph E. Scott existing in the Spanish Archives of this office. P. H. Buckley, Spanish Translator. I. J. T. Robison, Commissioner of the General Land Office of the State of Texas, do hereby .certify that P. H. Buckley whose signature is subscribed to the foregoing certificate, is the Spanish Translator of this office, duly qualified according to law, and that her official acts, as such are entitled to full faith and credit. IN TESTIMJNY UEERE)F, I have hereunto set my hand caused the seal of said office to be affixed, the day and date first above written. J. T. Robison Commissioner. (SEAL) 5 u a Looll `gm) State of Texas j Grant Dated November 22, 1832 To Filed August 18, 1920 Recorded in Vol. 53, page 368 Joseph E. Scott Deed Records, Brazos County, Texas THIRD SEAL: TWO REALS Established by the State of Coahuila and Texas for the biennial term of 1828 and 29, 30 and 31, 32 and 33. Williams (Rubric) HON. C0I ' :I SSIONER : * Town of San Felipe De I, Joseph E. Scott, a Native of the United Austin, November 15, States of the North. and one of the colonists L332. introduced by Hon. Empresario Austin for the contract of June 4, 1825, in your presence To Citizen Empresario with the greatest respect make known; that my Stephen F. Austin's station is that of a married man, that, with Agent in order that he my family, I have entered this country for the may be pleased to report purpose of acquiring lands for my per - doncerning this petition, manent settlement; with which understanding and adding whether the land with the previous approval of same Hon. Empresario, is vacant and outside I have selected a league of land which is situated of the ten littoral East of the Brazos River, adjoining and southwest leagues. of the league of land conceded to Richard Carter, and known as League No. 6, north of Navasota Arciniega Creek; - -for which reason I present myself to you (rubric) in order that you may be pleased to admit me and put me in possession of said league, it being understood that I offer to comply with the pro - visions of the law in the matter. Therefore, I beg you to be pleased to do as _I have asked, wherein I shall receive favor. Town of Austin,. November 15, 1832. Mr. Commissioner: In obedience to your foregoing decree, I must say that that set forth by the petitioner is true; he is one of the colonists introduced by Hon. Empresario Austin, he is a married man and a man of very good circumstances, much honesty and industry; and I consider him entitled to the favor which he solicits. The land is vacant and outside of the ten littoral leagues. Town of Austin, November 16, 1832. Samuel M. Williams (rubric) In view of that set forth by Citizen Agent Samuel M. Williams, in the preceding report, 1 admit this petition is conformity with the law and I order that the land indicated be surveyed by Surveyor Horacio Chriesman 30 as to issue the corresponding title to the interest party. Town of Austin, Nov. 17, 1832. Migl. Arciniega (rubric) 6 n 1 :3 I, Citizen Miguel Arciniega, Commissioner appointed by the Supreme Govern- ment of this State for the distribution and giving possession of lands and the issuing of titles to the new colonists in the colonization enterprise of Citizen Empresario Stephen F. Austin, outside of the ten littoral leagues of the coast: - WHEREAS, Joseph E. Scott has been received as a colonist in the colonization enterprise contracted for with the Government of the State of Coahuila and Texac by Empresario Stephen F. Austin. on the 4th day of June 1825,. as shown on folio 1939, of this record book; and the said Joseph E. Scott having proven that he is a married man and finding in his person the requisites prescribed by the State Colonization law of March 24, 1825; in conformity with said law and the instructions of September 4, 1827, which govern me, and with additional article dated the 25th of April, 1830, and in the name of the State, I concede to, confer upon and put the said Joseph E. Scott in real and personal possession of one league of land; which land has been surveyed by Surveyor Horacio Chriesman, previously appointed for the purpose, under the following situation and b7undaries;- Situated East of the Brazos River and north of Navasota Creek; and, according to the plan, numbered 6 and adjoining the leagues, belonging to Richard Carter, Crawford. Burnet and Zeno Phillips; and BEGINNING the survey at the west corner of said Burnett's league at a stake, from which a white oak 18 inches in diameter bears South 55 East 5 varas distant and another 15 inches in diameter bears south 74 west 8 varas distance; r line was run North 45 West 5000 varas to the south corner of Zeno Phillip's league at a stake; from which a white oak 9 varas distant bears south 21 -1/2 west and another 15 varas distant bears north 18 west; THENCE North 45 fast end following the southeast boundary line of said Phillips League 5000 varas to the west corner of Richard Carter's league; THENCE South 45 East and following the southwest boundary line of Carter's said league 5000 varas to the south corner of same league which is also the north corner of said league No. 3, where there is a stake, from which a Black Jack 18 varas distant bears North 47 West and a red oak 12 varas distant bears south 72 east; THENCE South 45 West 5000 varas and following the boundary line of said league Ne. 3, of Crawford Burnet's to the place of beginning, and com- prising an area of one league of land. Three labors of said lend belong to the class of arable and twenty two labors to that of pasture lend. Which serves as classification for the price he must pay to the State for it in accordance with Article 22 of said law under the penalties therein established; he being reminded that within one year, he must erect permanent land marks at every angle of the land and that he must settle, and cultivate it in conformity with the provisions of the law. THEREF')RE, exercising, the power conceded to me by said law and consequent instructions, I issue the present instrument and order that Testimoniobe be taken of it and be delivered to the interested party so that he may possess and enjoy the benefit of the land, he, his children, heirs and successors or whoever, from his or from them, may have cause or right. 7 (INV N.0 Given in the town of San Felipe De Austin on the 22nd day of the Month of November, 1832, and signed by me with witnesses of assistance according to law. Migl. Arciniega (Rubric) Of Assistance Of Assistance: W. T. Lightfoot C. C. Givens (rubric) (rubric 0 Testimonio was delivered Nov. 22, 1832. GENERAL LAND OFFICE: Austin, Texas, Aug. 16, 1920. I certify that the foregoing four pages contain a correct translated copy of the original title to Joseph E. Scott existing in the Spanish Archives of this office. P. H. Buckley, Spanish Translator. I, J. T. Robinson, Commissioner of the General Land Office of the State ff Texas, do raereby certify that P. H. Buckley, whose signature is sub- scribed to the foregoing certificate, is the Spanish Translator of this office, duly qualified according; to law, and that her official acts, as such, are entitled to full faith and credit. In testimony whereof, I have hereunto set my hand and cause the seal of said office to be affixed, the day and date first above written. J. T. Robison, Commissioner. (SEAL) 8 , Niu;) Joseph E. Scott Z G. W. D. Dated May 11„ 1835 To I Filed Oct. 5, 1867 Recorded in V61. H, page 496 Mosely Baker Z Deed Records Brazos County, Texas. In the town of Snn Felipe de Austin on the Eleventh day of May one thousand Eight hundred and thirty five before me George Ewing primary Judge of the Jurisdiction of Austin and the Instrumental witnesses named hereafter and my assistants with whom I authenticate for want of a Notary appeared the citizen Joseph E. Scott whom I know and to whose acts I give full faith and credit, who declared that he has this day for and in consideration of the sum of Seventeen Hundred Dollars to him in hand paid the receipt of which he acknowledged and with which he expressed himself satisfied and contented has bargained sold and delivered unto citizen Moseley Baker, One half of the League of land, No. 6 lying in Austins Colony East of the river Brazos and North of the Navasota river granted to the said Scott by Migiel Arciniega the Commissioner of the State of Coahuila and Texas, on the twenty second day of November One thousand eight hundred and thirty two which said which_ said Half League of Land thus sold to the said Baker is bounded as follows, Commencing at the North East corner of League No. 6 (A) as marked on the plat here attached, Thence West Five Thousand varas to the North West corner (B) Thence South Two Thousand Five hundred varas being midway of the West line of said League (e) on the plat, Thence East to the Eastern line of said league (D) on the plot, being Five Thousand varras, Thence North Two thousand five hundred varras, to the North East corner of said League being the point of beginning (A) on the plat. The same being the North half of said League of Land,Containing two thousand two hundred and twenty two acres of Land and the said Scott declares that the said land belongs to him in possession end property, that he has not sold alienated, leased or mortgaged that it is free of all encumbrances whatsoever and as such he sells it to the said Moseley Biker for the before described sum of money and he renounces the laws "New Numerate petunia" "No Etrega" and "Pruebe" and he also declares that the price paid is the just and full value of said land and if it be worth more of the excess be the same much or little he makes a free and irrevocable donation of the same to the said Baker. He, the said Scott Binds himself to make good this title and sale and to the observance of all the above he binds his person and property both present and future and with them submits himself to the jurisdiction of tribunals competent to take cognizance of this business in order that they may compel him to perform the same under all the rigors of the law. He renounces all laws that might favor him, as well as that which prohibits this general renuncia— tion. All this he declared and signed with me, the instrumental witness being Horatio Chriesman and Spencer H. Jack, resident citizens of this towne All which I certify and sign with my assisting Witnesses Instrumental Witnesses Joseph E. Scott Horatio Chriesman Spencer H. „Tack Geo. Ewing Assist Witness Assist Witness Thos. Gay Joseph Baker Texas Municipality of Austin) I, Joseph Baker, Judge and Notary Public of the Municipality aforesaid certify that the foregoing is a true copy of the original act now on file in the office under my charge. In testimony whereof I sign with assisting witnesses. Sen Felipe February 26, 1836. Joseph Baker, Assisting Witness; W. H. Winbure Assisting Witness P.a. Dexter 9 Mosely Baker Affidavit & Quit Claim Deed Dated Oct. 10, 1843 To Filed Jan,, 9th, A.D. 1852 Recorded in Vol D. page 109 (Original) Wm. B. P. Gains j Deed Records, Brazos County, Texas County of Brazoria () This is to certify that in the year 1836 I sold to Wr.B.P.Gaines, the half of a league of Land, which I bought of Joseph E. Scott, and which title he has lost now I declare that I have no claim or interest in said Land but that it is the property of said Gains & He is intitled to it against me & my heirs and every body claiming by or through me. Oct. 10th, 183 Mosely Barker Witness Wm. G. Hill The State of Texas County of Brazoria ( Before me Edward Purcell Chief Justice and ex- officio NotE.ry Public in and for the County aforesaid came and appeared Wm. G. Hill to me well knwwn who being duly sworn declared that he was present and did see Mosely Barker whose siEnature is at the end of the within instrument of writing sign the same for the purpose thereon expressed and further th ^t he the said Wm. G. Hill signed the same as witness at the request of the said Mosely Barker. In testimony wtreof I have hereunto set my hand and affixed the seal of the County Court of said County of Brazoric, this 15th day of May A.D. 1850. Edward Purcell, Chief Justice Co. of Brazoria Ex officio No. Pub. (SEAL) 10 jimk Mosely Baker 1 Ratification Dated October 10th, 1843. To 1 Filed January 9th, 1852. Recorded in Volume V, page 619 W. B. P. Gaines 1 Deed Records of Brazos County, Texas. COUNTY OF B.iA?ORIA This is to certify that in the year 1836, I sold tc' Wm. B. P. Gaines one half of a league of land which I bought of Joseph E. Scott, and which title he has lost, now I declare that I have no cliam or interest in said land but that it is the property of said Gaines and he is entitled to it against me and any heirs and everybody claiming by or through me. • Oct. 10th, 1843. Mosely Baker . Witness: • Wm. G. Hill THE STATE OF TEXAS ( ) CJUNTY OF 3RAZOS ( ) BEFORE ME, Edward Purcell, Chief Justice and Ex Officio Notary Public in and for the County aforesaid personally came and appeared William G. Hill to me well known who being duly sworn declared that he was presents and did see Moseley Baker whose signature is at the end of the within instrument of writing sign the same for the purposes therein expressed. And further that he, the said William G. Hill, signed the same as witness at the request of the said Mosely Baker. In testimony whereof I have hereunto set my hand and affixed my seal of the County Court of said County at Brazoria this 15th day of Mey, A. D. 1850. Edward Purcell, Chief Justice Cy. of Brazoria & Ex Officio No. Pub. 11 Thomas Kershaw et ux ( Power of Attorney Dated January 15, 1852 To Filed Set. 17, 1853 Recorded Vol. D, Page 242 (original) W. B. P.. Gaines Z Deed Records, Brazos County, Texas Know all men by these presents that we Thomas Kershaw and Mary Jane Kershaw of the County of Harrison and State of Mississippi have this day made and constituted W. B. P. Gaines of Columbia Texas our true and lawful Attorney in fact for the purpose of transferring one half League of land more or less lying between the rivers Brazos and Navisota to Sohn Carson and to his heirs forever ( he having paid me one thousand Dollars for said land) and make the said :ohn Carson and his heirs a full and Warrantee Deed as fully as we could do the same were we present all of such act do bind ourselves, our heirs and assigns to Warrant & Defend the right and title to the said John Carson and his heirs forever both in Law and Equity as fully as thougt we had done the same act under cur own h nds and seals this 15th day of January 1852. Thomas Kershaw (Seal) M. J. Kershaw (Seal) Stet of Mississi Bpi ( ) Harrisol C () Personally an ~feared before me - Benjamin Davis Sus +,c n.f th T.' _cs in and for the county and State aforesaid Thomas Kers :m L nd M rv: jaae Kershaw his wife, who acknowledged that they signed, sealud an r'. delivered the foregoing Power of Attorney for the purposes th'rei.r, ;lentioned as their act and deed on the day and year therein mentione And the said.;iary Jane Kershaw being examined separate and apart from her said husband acknowledged that she signed sealed and delivered the said. foregoing Power of Attorney voluntarily as her act and deed without any fear, threat or compulsion on the part of her said husband. In testimony whereof I have hereunto subscribed rdy name and affixed my private seal this day of January 17th, 1852. Benjamin Davis J. P. (Seal) State of Mississippi O Harrison County O I, L. Cleveland Clerk of the Probate Court of said County, do hereby certify that Benjamin Davis whose genuine signature and seal appears to the foregoing instrument was at the time thereof an acting Justice of the Peace in and for said County duly commissioned and qualified according to law and that all his official acts as such are entitled tD full faith and credit in Judicature and thereout. Witness my hand and seal bf office this 19th day of January A. D. 1852.- (L.S.) L. Cleveland, Clk. 12 7 W. B. P. Gaines, () Deed., To () Dated. 12/15/1869. Filed 2/1/70 H. Mitchell () Recorded Vol. L, page 11. Deed Records- Brazos Co., Texas THE STATE P TEXAS 1 COUNTY OF ROBERTSON) KNOW ALL MET BY THESE PRESENTS: THAT this Indenture between W.B. P. Gaines of Robertson County and Harvey Mitchell of Brazos County of the second part witnesseth. That whereas on the 25th day of April 1854, W.B. P. Gaines sold to I.T. Burrough the undivided third of a half a league of land originally granted to Joseph E.Scott and sold by Scott to Baker and Baker to Gaines and lying in Brazos County in the State of Texas and in which deed from Gaines to Burrough there was retained a lien for the amount of six hundred dollars the remainder of tho purchased money for said land and whereas said Burrough failed to pay the last montioned sum and suit was instituted against him by tho said Gaines to onforco the payment of tho samo, and judgment rendered against the said Burroughs for the sum of eevon hundred and thirty dollars in favor of 17.B.P.Gaines at the fall tom of 1867 of the Hon. District Court for Sabino County, Texas; on said judgment nothing has oven boon paid , and siad Burrough has dopartod this life without issue. Now in consideration of tho promises and the sum of ono thousand dollars in hand paid by tho said Mitchell to tho said Gainos does horoby bargain, soil , alien and convoy unto tho said Mitcholl all his right titlo and intorost in the land aforesaid it boing an undividod third of a half of a loaguo of land originally granted to Josoph E. Scott and sold by Scott to Baker, and Baker to Gaines and lying in Brazos County in the State of Toxas. TO HAVE AND TO HOLD unto the said Mitcholl his hairs and assigns forovor froo from all claims by or thorugh tho said Gainos, but from no other. And for the consider- ation aforesaid tho said Gaines horoby transfors, convoys and release to tho said Mitcholl all said Gainos right titlo and intorost in said judgment aforesaid against J. J.. Burroughs in tho Hen Dist. Court of Sabine County , Texas at its fall term 1867 or whorovor tho same may havo boon ronderod for tho unpaid balance of tho purchase money for tho said tract of land, to -wit : the undividod third of a half a,loaguo of land originally grantod to Josoph E.Scott and lying in Brazos County in the Stet° of Texas. TO HAVE AND TO HOLD the said judgment togothor with all tho right , thorowith vestod or appertaining unto tho said Mitcholl his heirs and assigns forovor. In tostimony whorcof I horounto sot my hand and seal using scrawls for seals this day of Decombor A.D. 1869. It is undorstood by the parties of tho first part noither warrants or dofonds tho titlo to said land or judgment but only transfors and conveys said Gainos interest and titlo in tho sane, with quit claim and tho said Mitchell takes it as quit claim. In testimony whereof .T. herountosott my hand and seal using.scrawls far seal this fifteenth day of December 1869, said Mitchell is to pay the Court Cost of said judgment in Presence of as witness: Ben C. Roby Champe Carter Jr. W.B. P. Gaines. (Seal) 13 r ! ( : 1 1) 1111 STATE OF TEXAS () COUNTY )F ROBINSON () BEFORE ME. 0. D. Thatcher, Notary Public in and for the County and state aforesaid personally appeared Champe Carter Jr. to me wall known who being duly sworn deposes that to W. B. P . Gaines signed the foregoing deed of conveyance to Hi Mitchell and acknowledged that he (said Gaines) signed the same for the purposes and considerations therein expressed in presence of the said Carter and that he (said Carter) and Ben Roby signed the same as witnesses thereto at the request of the said Gaines. To certify all of which I hereto set my hand and seal of office at Calvert, Texas this 15th day of Dec. A. D. 1869.. 0. D. Thatcher, N. P. R. County (SEAL) • 14 4 1Nwe (;) Thomas Kershaw et ux Z G. W. D. Dated Aug. 8, 1853 To x Filed Sept. 17, 1853 Recorded in Vol D, page 243 John Carson I Deed Records Brazos County, Texas. State of Texas 1 County of Brazoria j Know all men by these presents that we Thomas Kershaw and Mary Jane Kershaw of the County of Harrison and State of Missippippi, by our Attorney in fact W. B. P. Gaines of the frst mentioned state and county, appointed by us as appears by Power of Attorney herewith attached and mado a part of this instrument, signed by us, dated 15th January 1852, for and i n, consideration of the sum of One Thousand Dollars paid to us by John Carson on the said 15th January 1852, the roceipt whereof is hereby acknowledgod, bargain, sell and convoy unto the said John Carson now of Loon County and Stato of Texas with all tho priviligus and appurtononacos thereon affixod, two thirds of ono half Loaguo of land, undivided and lying and being in tho County of Brazos and Stato first mo•ntioncd, doscribcd and bounded es follows, the said one half Loaguo out of which the two thirds beforo montionod is conv-- commoncos at tho north cast corner of Longue No. 6 Head right of Joseph E. Scott, thonco vost fivo thousand varas to tho north rest cornor of said I,oaguo; thence South two thousand five hundred vexes boing midway of tho wo st lino of said Loaguo, thonco ;lost to tho oastorn lino of said Longue fivo thousand varas, thonco north two thousand fivo hundred varas to tho Plato of beginning, the samo boing the North half of said Loaguo No. 6, tho said two thirds of tho half longue containing fourtoon hundred and eighty ono and ono half aeros be tho same more or loss. No',:, for and inconsidoration of the aforesaid sum of Ono Thousrnd Dollars so nuid by him tho said Corson to us, do mako this wcrrantoo cloud to him the said John Carson his hoirs or assigns, and deliver the serge togothor with tho pocscasion and improvom.,nt thoroon conteinod end horoby ngrec and bind oursclvos by our scid Attornoy signing our names to this Instrument our hoirs and reprosontetivos to warrant and Deland the title of tho aforesaid two thirds of tho half locguo of innd aforesaid unto him the said John Carson his hoirs or assigns against tho claim or claims of any and ovary other porson or persons whomnocver. In tostimony .7horoof v :o horounto sign our hands (by our said Attornoy) and seals tho coals boing scrorrlo) this tho 8th dry of August 1855. The words "Hord right of Joseph E. Scott" niter "No. 6" in tho 20th lino from top of 1st pogo inserted beforo signing. In presonco of Thomas Korshcw Thomas H. Carson M. J. I.orshaw S. W. Parkins By TT. B. P.Gaincs Atty. St.tc of Teat X "o. of Brnzori.:X Personally rppoarod beforo me S. Perkins Chief Tisticc of Brazoria County ;'. B. P. Gains of said County whoso nano as .Attornoy in fact for Thomas Korshcw and Mcry J<nno Korshaw apponrs to tho foregoing deod or instrument of writing who ocknowlodgod that ho signed, scaled and dolivcro d the stmt on tho day end yoar thoroin stated, and for tho purposes and considerations therein mentionod. In testimony whorcof T horounto sign my ncmc and cnuso tho soil of tho County Court to be effixod this tho 8th August, A. D. 1853. (L.S.) S. W. Perkins, Chiof Justico •Irazoria Co. 15 , (Id W. B. P. Gains () Deed. Date April 25t1■, 1854. To ( ) August 5 ;h. 2854, A, D. Record.ec: Vol. E, page 1.20 J. J. Burroughs () Deed Records of Brazos 0ounty, Texas. This indenture made the 25th day of April 1854 between W. B. P. Gaines of the State 'i C-::as and Ccunty of Brazoria of the first part and J. J. Burroughs of the aro:esai,:l State and County Milam of the second part, Witnesseth that the 3a?d c tii .Lix6t part for and in consideration of the sum of Nine hundred r' ,l' L�wF�_l money of the Un.ted States of America to him in hand pail: :air: party of the second part at or before the enoeaiing and delivery of th;,s9 presents, the receipt whereof is hereby acknowledged hath remeded, released and sold and by these presents doth remes release and sell unto the said party of the second part and to his heirs and assigns forever, an undivided third„of a half league of land originally granted tc'Joseph E. Scott and sold by Scott to Baker and Baker to Gaines and lying in'Brazos County in the State of Texas and the said party of the first part will warrant and forever defend the title to said land unto the said party of the second part his heirs and assigns against all person whatsoever lawfully claiming or to claim the same. To Have and To Holdall and singular the above mentioned and described premises together with all the appertenances unto the said party of the second his heirs and assigns forever, and it is understood that the party of the first part retains a lien on the above described land for the payment of six hundred dollars the remainder of the purchase money which is to be paid on the first of January 1856, given under my hand and seal the day and year first above written. W. B. P. Gaines (L.S.) J. J. Turnpair. W. B. P. Gaines. TEE E STATE OF TEXAS ( ) COUNTY OF MILAM () BEFORE ME, Stroud Melton Clerk of the County Court of Milani County, in the State of Texas, duly commissioned and qualified this day came and personally appeared W. B. P. Gaines of Brazoria County to me personally known who acknowledged the execution of the foregoing Deed dated the 25th day of April 1854 and delivered the same as his binding act and Deed for the purposes and consideration therein contained and at length, set forth. Given under my hand and official seal at my office in Cameron this the 8th day of May A. D. 1854. Stroud Melton Clerk CC. B. C. (SEAL) 16 D f 4 • (0110101 It J. J. Burroughs () Deed. Date. April 16th, A. D. 1861. To () Filed April 19th, 1888. Recorded Vol. 4, page 622. W. B. P. Gains. () Deed Records of Brazos Co., Texas. 1TTL 7 i YTE OF TEXAS ( ) e)=." )F TYLER () KNOW ALL MEN BY THESE PRESENTS THAT, Whereas L.•. Gaines has released, a judgment rendered against me in his favor in the District Court of Sabine County on my note to him due January 1, 1856, for six hundred dollars, and for the further consideration of one hundred dollars to me in hand paid by said Gaines the receipt of which is hereby acknowledged, that I, J. J. Burroughs have granted, bargained and sold and do by these presents grant bargain, sell and convey to said Gaines an un- divided one third of one half league of land situete lying and being in the caunty of Brazos in said State of Tcxcs originally granted to Joseph E. Scott, and conveyed to me by said Gaines, by deed dated April 25th, 1854 and recorded in said Brazos County, August 5th, 1856. To Have and to Hold to said Gaines his heirs and assigns forever and I hereby bind myself to warrant and defend the title to the same to said Gaines against all persons claiming or to claim the same by through or under me, as witness my hand and seal this the 16th dry of April A. D. 1861. J. J. Burroughs. (SEAL) THE STATE OF TEXAS ( ) C)U =r ' OF TILER () This day personally appeared before me J. J. Burroughs, to me well known and whose signature appears to the foregoing deed from said J. J. Burroughs to W. B. P. Gaines and acknowledged before me that he had signed and executed said decd for n11 the purposes and considera- tions therein named. Witness my hand and official seal on this the 16th day of April 1861. C. J. Booth, CCTC. (L.S.) 17 e i r Lie '410) * J. J. Burrough () G. W. D. Dated June 15th, 1870 To () Filed June 18th, 1870 Recorded in Vol L, page 92 W. B. P. Gaines () Deed Records, Brazos County, Texas The State of Texas () County of Harris ( Know all men by these presents that whereas I, J. J. Burrouhs by deed purchased from W. B. P. Gaines one third of a half League of Land the whole of which League was granted to Joseph E. Scott situated in BrazosCounty which Deed fromGaines being dated April 25th, 1854, and whereas afterwardp I reconveyed same land to.tbe said W.P.B. Gaines and date of which last conveyance is not remembered end whereas said last cconveyancefrom me to Gaines has been lost, now in considera- tion of the premises and fot the further consideration of five Dollars to me in hand paid by the said W. P. B. Gaines, I do hereby release and quit- claim unto the said W. P. B. Gaines, all the interest I may have in and to the aforesaid described lands. Witness my hand this June 15th 1870. J. J. Burrough Witness: D. A. Barziza E. L. Massie The State of Texas () County of Harris O Before me A. K. Taylor Clerk of the District Court in and for said County and State duly qualified and commissioned this day came and personally appeared D. W. Bargiza to me well known who upon oath declared that J. T. Burrough signed him name to the foregoing instrument for the purposes and consideration therein contained and set forth in his, D. W. Barziza presents and that he subscribed his name at the request of said J. J.. Burrough as a witness thereto.- Witness my hand and official seal affixed at office this 15th day of June 1870. A. K. Taylor Clerk D. C.H.C. By Ed L. Louhards Deputy. ( - - -) 18 • (110 sft;) 4 Estate of John Carson (') Petiton. Dated 1865. Filed -March 16th, 1865. Recorded Vol. E, page 402. Probate Minutes - Brazos Co., Texas. STATE OF TEXAS () In County Court, for Probate business & c BRAZOS COUNTY () To March Tarn 1865, To the. Chief Just -ice of said County, Your Petitioner N. F. Carson a resident citizen of said County represents that his father John Carson late a resident of said County departed this life on the llth day of March 1865, at his late residence in said County, that his said father John Carson left a lawful Will, which is now in the possession of Your Petitioner, He prays that the legal notice of this application be given and that at the next regular Term of Your Court to be held for that purposes that said last will and testament of John Carson deceased be admitted to Probate and as in duty and c. March 16th, 1865. N. F. Carson () Will and Testament. Dated 1865, Recorded Vol.E, page 402. () Probate Minutes, Brazos Co., Texas. In the name of God amen: KNOW ALL MEN THAT I, John Carson of the County of Brazos in the State of Texas, being feeble in body but of sound mind and disposing memory and knowing the uncertainty of life and the certainty of death, and being desirous of deposing of my worldly effects before the time of my death shall arrive do make constitute and ordain this my last will and Testament hereby revoking and annulling all former Wills by me made and ratifying and confirming this as my last will and Testament to -wit: First of all I give my soult o God who give it and my body to the earth from whence it came, after a decent Christien burial and of the wordly good and effects of which I may die possessed I here des.pose and bequeath in the following manner: Item First: I give and bequeath to my son Nathan F. Carson Seven hundred and thirty ($730.00) dollars, (already delivered to him) also a negro man named Anthony and a negro girl named Eda, all of which I have valued at the sum of Eighteen hundred and Eighty dollars, Item Second: I give and bequeath to my son Thomas N. Carson the sum of Three hundred ($300,00) dollars -- (already delivered to him) also a negro girl named Julia and a negro boy named Jerry and a negro boy named Isac all of which I here value at the sum of Sixteen hundred ($1600) dollars. Item third, I give and bequeath to my son JamesR. Carson the homestead upon which I now reside to contain four hundred twelve acres of land including all the improvements and appurtenances belonging to the homestead the same being situated in and being a part of the Joseph E. Scott league of land in Brazos County, also a negro boy named Henry and a negro girl named Mary all of which I here value at the sum of Eighteen hundred and thirty ($1830) dollars, Item fourth: I give and bequeath to my daughter Sarah Ann S. McDonald wife of James B. McDonald of the State of Mississippi a negro man named John also a negro woman named Jane all of which I here value at the sum of Seventeen hundred (1700) dollars. 19 4 t: 1, CI Item fifth: I give and bequeath unto my daughter Emily D. Thetford wife of Anderson Thetford, a negro woman named Mahala and a negro woman named Silva all of which I here value at Sixteen hundred dollars. Item 'sixth: I give and bequeath to my daughter Margaret W. Thetford wife of Matthew Thetford, a negro woman named Eda, and a negro man named Saron and a negro girl named Ell all of which I here value at the sum of Seventee hundred ($1700) Dollars. Item Seventh, I give and bequeath to my daughter Amelia, W. Barbee wife of John Barbee, a negro woman named Matilda and her child named Charles and a negro woman named Chailotte, all of which I here value at the sum of Seventeen hundred $(1700) dollars. Item Eight, I give and bequeath to my grand son Nathan F. Pickens the sum of Four hundred (:400) Dollars to be paid by executors hereinafter to be named, to Thomas N. Carson, whom I hereby appoint Guardian for him my said grand son to receive and hold the said sum of Four hundred dollars, which. I require him so to dispose of as to his judgment and discretion may best redound to the interest of my said grandson and 1 further request and desire that the said Thomas N. Carson shall not be required to give bond as such guardian to any person or Court or shall be held to account to any person other than his Ward confiding in his honesty and integrity I trust to his judgment for the interest and benefit of my said grand son. Item Ninth, I will and desire that my executors herein named to sell all the residue of my Estate ( not herein before specially desposed of by me) such as out land, one negro girl household and kitchen furniture, Plantation tools, waggons, stock, horses, cattle and hogs, with all debts, judgments bond, nots and accounts withall closes in action and catPublic or private sale, on a credit or for cash as to them my said Executors my seem most advantagious and ex— pedient without the order of any Court, for such sale or any confirma— tion of the same and in the sale of my lands my said Executors are hereby authorized and empowered to make all necessary conveyances of the same as fully and perfectly as in law and equity as I might or could do if living and acting for myself; And whereas I have to the best of an honest and impartial judgment void of any partiality to any of mY children valued each childs part as I fairly conceive each to be worth and in as much as there is a difference and I wish and desire that all of my childred receive of my effects equally share and share alike, I now require my executors htereinafter named) after the sale of my property (not herein bequeather) and after the collection of the proceeds of said sale first of all to pay all my just debts funeral expenses and the expenses of the administrator of my Estate: Second to make each childs share equal to the largest share and as data for the same to take the valuations I have myself herein put upon each share bequeathed and the balance whatever it may be share and share alike to each child ( not to include my said grand son N. F. Pickens) and I further wish and desire that in the egent that any of the negroes that I have herein given to any of my children shall die before delivery by my Executors each one of my children shall contribute pro rata share of the value of scuh deceased negro so that upon a final settlement and distribution all shall be equal. 20 , I further wish and desire that in the settlement _and administration of my estate the Courts of the County shall have nothing further to than the law absolutely and premptorily requires and I further wish and desire that ray Executors (hereinafter named) shall not be required to give bond to the Court and shall only be required to take the usual oath upon taking out letters testamentary. Lastly I do hereby nominato constitute and appoint my three sons Nathan Y. Thomas end Janos R. Carson tho Executors of this my last will and Tostmont,madc ordained, declared and signed by mo on this ...1st day of November A. D. 1864 in Proscnco of tho Subscribing Witnesses J. P. Mitchell G. B. Reed. John Carson STLTE OF TEXAS ( ) BRAZOS COUNTY () PEFORE G. B. Road Chiof Juste. co of said County on this tho 30th day of March 1865 in opon court p,arsonally came and appcarod Joffcrson P. Mitchell one of tho subscribing witnosscs to tho above and by mo hereto tattachod last will and Tostamont of John Carson doc'd., ald bc;ing by me sworn in duo form of law upon his oath deposes and says that ho was prosont and saw John Carson sign the said last will and Tostamont on tho day of tho Date thorcof and that ho (this doponont) and G. 13. Rood si ;nod tho same as Witnossos in' tho Presonco of each other and at the roquott of the said Tostator. '.1. P. Mitcholl. Sworn to and subscribed boforo me in open court on the day and data first above writton. To which I certify under my hand and goal of office at Boonville on tho said day and date . G. B. Rood. C. B. Co. (L.S.) 21 • 1/4100) sia) ESTATE OF JOHN CARSON () ORDER PROBATING !VILL Datod - :March 1865. By Recorded Vol. C, pago 214. N. F. Carson of al.. () Probate Minutes- Brazos Co., Texas This day came on to bo considcrod tho mattor of tho Probato of tic Will of John Carson dectd upon tho Petition of NF'. Carson and it appearing to tho satisfaction of the Court that tho logal notice of said application has boon givon tho said will was admittod to Probato lhoroupon camo into opon Court J P. Mitchell ono of tho subscribing rzi trios; es to the said will who being sworn in duo form of lacy provod the oxocution of tho said will and it is ordorod that the said will bo recordod and that letters Testamentary issuo to oach of the throe Parsons n:niod in the said will as oxocutors thoroof to -wit: N. F. Carson, Thos.- H. C arsai and James R'.. Carson upon thoir takinc tho Oath pxoscribcd by la:;, Trhoroupon camo N. F. Carson into opon Court and took said oath anti the corrosponding lottors Tcstomontar.y war. i nsuod to him. G. B. Rood C. D. B. Co. 22 N. F. Carson et al. () Decree Date March 16th, 1875. Vs. () Filed- - Recorded Vol. E, page 231. Heirs of Moseley Baker () Dist. Ct. Records of Brazos Co. Texas. Thia cause was regularly called for trial March 16th 1875 end plaintiffs appeared by their Atty and Dfts., by their Atty A. C. Breitz who was appointed by the Court to represent the absent and unknofin Defts. and the proper affida- vit having boon mado for citation against unknown heirs and such citation having, been regularly published for 8 successive weeks commencing with Foby 16th, 1074, thoreupon came on for hoering Dafts. domurre,• to tho petition which having soon by tho Court was disallowod and thoroupon cafe a jury of good and lawful men towit Janos H. Batto and olovon ushors who hoing olocted trioi and sworn according; to law hoard tho evidonco as fellows: 1st Plfts. rood a dood mado by Joseph E. Scott tho original grontoo to Mosolov t3c:kor convoying too land in ;iuootion dated May the 11th, 1835 in conoidoratiOn. of •'4700 paid duly cuthcnticalod .:end recorded in Washington County in Book C, pagos 28, 29 c'nd 30 and in Brazos County on tho 5th du.y of Octobor 1867 Book pagos 496 nd 7 rocord of Doods for. said County 2 Plffte. proved by tho dopositions of W. B. P. Gaines takan on duo notice, that in tho year 1836 Mosoloy Brkor mado a dood conveying; said land to witness for a consideration of not less than fifty cents per acre pr id. +fitness sent said deed by an attorney to Washin,aton County within ! the land then lays for record, the attorney lost it without recor. dirk, it and witness has never been able to find it since on tho 10th of October 1843 Moaoloy B raker made to witness another deed rocognising the lap of tho first and relinquishing to critnoss all his claim to the scmo land, this release was rocordod in Brazos County on tho 3rd day of January 1852 in Book D.page 109 on tho authentication of theonly subscribing witness But by mistake of tho rccordor the grantors nand was rocordod as rcrkor inotead of P kor tho original of said release has boon lost but was found by witness on search uhilc giving his answers and it was road in ovictcnce as c: port of this witnoss ovidonco said Gainos further proved that Mosoloy Baker diod many years ago 3 Plffs. tlfon rood flood by said Gainos conveying on undividod third of the half loa io doacribod in tho petition to Plff Mitcholl dctod Docolrbor 15th 1869 and filed for rocord with legal authonticotion Doc. 30th, 1069 in Brazos County and recorded in Book L, pogo 11 4 Plffs then road dood by said Gaines as atty in fact of Thomas Kcrshraw --& wifo to John Corson for an undividod too thirds of said 2 Lague doted August 8th, 1853 with goncrol worronty of title, and rocordod with legal authentication in Brazos County in Look D pagos 243 & 4 Sopt. 17th, 1853 5 Also tho power of Atty authorizing sold Gaines to meko such Dood mado by Thomas Kershaw and wifo January 15th, 1852 and rocordod with legal cuthontication in Look D rocord of Docds for Brazos County pagos 242 & 3 Sopt. 17th, 1853. 6th plff Mitchell as a witness provod that ho know W. B. P. Gaines who convoyod to him as aforosaid and he claimod to bo tho samo man who :jade tho aforesaid convoyanco as atty in foot of Thomas Kershaw end wife and stated that ho hod convoyod to said Kershaw and wifo, the land by him afterward convoyod as their atty in fact to John Carson Sold Witness further proved that Mosoloy nicker is doad and his hoirs and legal roprosontatiyos aro unkno;m that John Corson is (hod and Plff N. F. Carson his son and hoir at law and cl ims tho lond as tenant in common with :witness by inhoritanco from his said fathor. Tho land described in tho petition is tho same conveyod by tho abovo conveyance from s oi d Gainos. '::it nc ss also provod tho execution of an instrument by himsolf & Co. Plff Poby 12th, 1874 by ;fnich thoy n .do e mutual convoya.nce of tho land in suit; so as to hold tho some as tonents in common which instrument was read in cvidoncc. All tho cvidanco of title wore duly filod and notice of filing given. Tho jury having hoard the ovidoncc and being instructod by tho Court in writing es to tho of low in tho case roturnod into Court tho following Vordict. "Wo tho Jury find for tho Pllfts. and that the aliogations of tho petition aro tare. Signod James H. Batt°, Foroman" 23 • 1 1 It is therefore orderod and decreed by the Court that the deed from Moseley T3:ker to 7. B. P. winos be set up and estz;:blished conveying to said GGines the North west half of the looguo of land in Brazos County originclly granted to Joseph E. Scott. Beginning et tho North cornor of said longue running; thence S, 45 7 with N. r!. lino of sotto 5000 vrs, to most corner of tho league thence S 45 E with its South most lino 2500 vrs. Thonco N 45 E 5000 to tho N. E. lino of tho longue and with s_ no 2500 vrs. to the boginning. It is further ordorod and docrood th<t all rights and titles to tho s ^id half longue of land be divostod out of tho heirs of Mosoloy Bnkor and bo vostod in Plffs. in this ccuso. It is furthor ordorod tint Pllfs. pay to A. C. Broitz Escr a fee of .50.00 coin for his sorvicos as atty in this causo and that ho hnvo c, loin in end upon tho J nd horcin doscribod for thct fount :nd that P1nintiffs pay n11 the costs of this procooding for which Exocution may issuo. 24 (I; NO) L.B. Scott () Deed. Dote-Oct. 8th, A. D. 1870. To () Filed - Dec. 29th, 1870 Redorded Vol. L. page 428. J. Fred Cox () Deed Yecords- Brazos Co., Texas. THE STATE OF TEXAS ( ) BURIE SGd COUNTY () ENO'.? ALL /MN BY THESE PRESENTS: THAT I, Lenrnos B. Scott of the State of Texas rnd county of Burleson have this day for and in consideration of the sun of three hundred end Sixty -nine Gold Dol.lr.rs to me in h'nd pcid by J. Fred Cox of the County of Ellis St ^to nforesnic'., the receipt whereof is hereby acknowledged I3argeined end sold, cleninted and convoyed ond do by these presents bargain, sell, nleniate end convey unto said Cox my undivided interest in and to one holf of o longue of land grantod to Joseph E. Scott situated in Brazos County in said State my interest being ono hundred Eighty - four and a he.lf ncros or 1/12 of said half Looguo. TO HAVE AND TO HOLD acid cbovo described pwemises unto the said 1. Frod Cox his hoirs his heirs or assigns forovor. And I the said L. P. Scott do horoby Warrant and will forover defond the title of said cbovo describod promisos unto the said I. Frod Cox his hoirs or assigns against mysolf my hoirs, Exocutors end cdministrators or any othor person. or persons lawfully claiming tho some. In Tostimony whcroof I have horounto subscribed my nomo this the 8th day, Octobor A. D. 1870. In Prosunco of. W. L. Hill A. I d. rtilcIvon Lcarnos B. Scott. TIIE STATE OF TEXAS ( ) COUNTY Or BURLESO T () BEFORE ME, Thomns M. Hunt, Clk. of the Dist. Court of Burleson County this day appeared V. I. Hill to mo well known, nnc made oath boforo mo thr.t ho sew Loarnos B. Scott sign the forogoing Dced to I. Frod Cox and that the snid Loarnos B. So tt docicrod it to bo his net nnd mood for the purposos and consideration thoroin stctod rnd thct ho si 7iod the some as a witness' thcroto et tho request of the said Lcarncs B. Scott. Given under - my hand and tho seal of snid Dist. Court this 10th d' y of October, A. D. 1870. Thomas M. Hunt. Clk. D. C. 13. Co. 25 • • Joseph K. Scott et al. () Deed. Dated - June 7th, A. D. 1871 To () Filed March 9th 1882. Recorded Vol. W, page 103. J.Fred Cox () Deed Records - Brazos Co., Texas THE STATE OF TEXAS () BURLESON COUNTY () KNOW ALL M BY THESE PRESENTS: THAT TIE, Elizabeth and Joseph K. Scott,Richard G. and Elvira E. Clampitt; Cornelius R. and Martha J. Runkle, and Charles W. and Sarah F. Runkle of the state of Texas, and County of Burleson have this:.day for and in consideration of the sum of Three hundred and Sixty Nine Gold Dollars to me in hand paid by J. Fred Cox of the County of Brazos and State aforesaid the receipt whereof is hereby acknowledged, Bargained, sold, alienated and conveyed and do by these presents Bargain, sell, alienate and convey unto said J. Fred Cox our undivided interest in and to one half of a League of land granted to Joseph E. Scott, situated in Brazos County in said State, our interest being one hundred and Eighty four and a half acres or 1/12 of said half league. To Have and To Hold said above described premises unto the said J. Fred Cox his heirs, or assigns forever, And we the said Elizabeth and J. K. Scott, R.G.,,nd E. E. Clampitt C.R. and M;'J. Runkle and C. W. and S. F. Runkle do hereby warrant and will forever defend the title of said above described premises unto the said J. Fred Cox his heirs or ass igns against ourselves our heirs, executors and administrators, or any o ther person or persons lawfully claiming the same. In Testimony whereof we have hereunto subscribed our names this the 7th day of June. A. D. 1871. her Elizabeth 'x Scott mark. In presence of Charles J. K. Scott. Runkle, John T. Burnett. R. G. Clampitt. E. E. Clampitt. C. R. itunkle . M. J. Runkle. C. W. Runkle. G. F. Runkle. THE STATE OF TEXAS ( ) COUNTY OF BURLESC1 () BEFORE ME, Thomas McHunt, Clerk of the District Court, of Burleson County this day appeared John T. Burnett to me well kntwn and made oath before me that he saw Elizabeth Scott T. K. Scott, R . G. Clampitt, E. E. Clampitt, C. R.Ruxjkle, M. J. Runkle C.W. Runkle and S. F. Runkle sign the foregoing Deed and that :The said parties to the Deed above named declared it to be their act and deed for the purpose and considerations therein stated, and that he signed, the same as -a witness thereto at the request of the said parties to the above deed written and that he also saw Charles Runkle sign the foregoing deed as Witness. Given under my hand and the seal of said District Court this 7th day of June, A. D. 1871. • (L.S.) Thomas M. hunt, Clk. D. C.B. Co. Per J. A. Rust, Deputy. 1 Aft (::, STATE OF m () C)UNTY OF BURLESONO Before me, R. C. Porter, Justice of the Peace for Precinct No. 6, Burleson County, Texas and Ex officio Notary Public on tkis day personally appeared .E. E. Clampitt wife of R. G. Clampitt and .3. F. Runkle wife of C. W. Runkle known to me to be the persons whose names are subscribed to the foregoing instrument and having been examined by me privily and apart from their huAcnds and having the same fully explained to them they the said E. E. Clampitt and S. F. Runkle • acknowledged such instrument to be their act and deed and declared that they had willingly signed the same for the purposes and consideration therein expressed and that they did not wish to retract it. Liven under my hand and sera of office this 6th day of March A . D 1882. R. C. Porter, J. P. and (L. Ex Officio. Notary Public Burleson Co,, Texas. • • •27 Andrew J. Scott. Deed. Date -July 3rd, A. D. 1871. To Z Filed -July 12th, 1871. Recorded Vol. M, page 1(4. J. Fred Cox. 1 Deed Records - Brazos Co.,Texas. THE STATE OF TEXAS j (=TY OF BF,F, KNOW AI.I, YiEri BY THESE PRESENTS: THAT I, Andrew I Scott of the State of Texas and County of Bee, have this day for r,ad in consideration of the suns The Hundred and Sixty nine gold :.:.'.tars to me in hand paid by J.Fred Cox of the County of Brazos and rate aforesaid, the receipt of which is hereby acknowledged, Bargained, alienate and conveyed and do by these presents, bargains, sell, ..11enate and convoy unto the said J. Fred Cox my undivided intorost in to ono half of a league of land granted to Joseph E. Scott situated Brazos County and said State, my interest being ono hundred and :ghty four and a half acres 1/12 of said half league. 20 HAVE AND TO HOLD said above dcscribod premises unto the said)abovo t'JlCribod promisos)unto tho said JFred Cox, his heirs or assigns for- ever, and I, tho said Andrew A. Scott do horoby warrant and will for - =' dofond tho titlo of said above doscribod promises unto the said J. Fred Cox his heirs or assigns against myself my heirs, executors and administrators or any othor porson or persons lawfully claiming `ro same. In testimony whorcof I have hcrounto subscribed my namo this tho 3rd day of July, A. D. 1871. Androw J. Scott. itnossos: James F. Scott. Mato of Texas I County of Boo X Personally appoarod before mo, Chas E. !Williamson, T'eputy Dist. Clerk. County of Boo, Androw A. Scott to mo woll known ,;hose namo appoarod to tho foregoing instrument of writing and acknow- . .,o god in my prosonco that he signed it for the purpose thoroin :xpressod. In Testimony whoroof I horcunto sot my hand and affix tho FOli of the District Court at office at Boovillc this tho 3rd day of u:iy, A. D. 1871. F. J. Smith, C.D.C.B. Co. ';'evonuo Stamp, hereon per Chas. E. Williamson, Deputy. fixod and duly cancelled. 28 r a James F. Scott et al. 1 Deed. Dated- June 28th, A.D. 1871. To X Filed -July 12, 1871, Recorded Vol. M, page 165. J. Fred Cox. I Deed Records - Brazos Co.,Texas. THE STATE OF TEXAS 1 COUNTY OF Newaces j KNOW ALL MFI1 BY THESE PRESENTS: THAT WE, ;'barlotte M. Scott, James F. Scott and M. A. Scott of the State of .Caxas and County of Newaces have this day for and in consideration of stun of Three Hundred and Sixty Nine Gold Dollars to us in hand said by J.Fred Cox of the County of Brazos and State aforesaid the receipt whereof is hereby acknowledged, Bargained sold, alienated and conveyed and do by these presents, Bargain, sell, alienate and convey alto said J.Fred Cox our undivided interest in and to one half of a League of land granted. to Joseph E. Scott situate in Brazos County and said State our interest being one hundred and Eighty four and a I acres 1/12 of said half league. To Have and To Hold said above described premises unto said J.Fred Cox his hoirs or assigns forevor, And wo the said Charlotte M. Scott, Janes F. Scott and Mary A. Scott do warrant and will forovor dofond the titlo of said abovo described promises unto the said J.Fred Cox his hoirs or assigns against oursolvos our hoirs, executors administrators or any othor porson or persons lawfully claiming the samo. In tostimony whereof we havo hereunto subscribod our namos this the 20th day of Juno A.D. 1871. Charlotte M. Scott, James F. Scott. Witness. Sohn M .Campboll. Mary A. Scott. STATE OF TEXAS j COUNTY OF NE?;'ACESI Boforo tho undorsignod authority personally came ."no. S. M. Campboll one of tho subscribing witness to the forogoing iastrunent of writing; who being duly sworn upon oath says that ho was presont and saw Charlotte M. Scott and James F. Scott, sign tho same and that ho tho said approaror signod his namo thoroto as witness at the request of said Charlotto and James F. Scott. In Testimony whereof I grant those prosontsundor my hand and official soal at Corpus Christie, Toxas this 1st day of July, A.D. 1871. B. Mitcholl, Notary Public. THE STATE OF TEXAS 1 COUNTY OF NUECES X BEFORE YE, Josoph Fitz Simon Clerk of tho District Court in and for Nuocos County personally appearod Mary A. Scott who signod tho abovo and foregoing instrument of writing in my prosonco and acknowlodgcd that sho did so for tho considoration, usos and puroosos thcroin sot forth and oxprossod said appearer being woll known to me. In tostomony whoroof.I horounto sign my namo and affix the impross of my official soal at Corpus Christiothis Fifth day of July A.D. 1871. Josoph Fitz Simmons. Clk. Dist. Court, Nuccos Co. 29 a C Elizabeth Scott et al. Deed. Dated -June 8th, 1871. To 1 Filed -June 8th, 1871. Recorded Vol. M, page 128.. J. Fred Cox. Z Deed Records- Brazos Co.,Texas. THE STATE OF TEXAS AS 1 : UEIESON COUNTY T ' �0„ ALL MT BY THESE PRESENTS: THAT ''^, i'a.izabeth and Joseph K. Scott, Richard T...and Eloise E.. Clamritt, L. R. and Martha J. Runkle, and Charles 17. and Sarah F. Runkle -, :the State of Texas and County of Burleson, have this day for and in _rside•ation of the sure of three hundred and sixty nine Gold dollars 'a ua in hand paid by J. Fred Cox of the County of Brazos and State ...orclsaid, riceipt whoreof is hereby acknowlodgod, bargainod sold, liionatod and convoyod, and do by thoso prosonts bargain, sell alienate �.d convoy unto J. Fred Cox, our undivodod intorest in and to ono•half ° a loague of land granted to Joseph E.. Scott situatod in Brazos 'aunty in Said Stato, our interest boing ono hundrod and eighty four ind a half acros or 1/12 of said half loaguo.. TO HAVE AND TO HOLD said above doscribod promisos unto tho said J.. Fred Cox his hairs or assigns .:'arovor, and we the said Elizabeth and J.K. Scott, R. G. and E.E. 4%:'.ampitt. C.R. and M.T. Runklo anc C.77. and S.F. Runklc, do hereby arrant,. and will forever dofond thc titlo of said above doscribod promisos unto thc said J. Prod Cox his heirs or assigns against our - ::01vcs our hairs executors and administrators or any othor person or persons lawfully claiming tho samo. In Testimony whoroof wo have here- to subscribed our namos this tho 7th day of Junc, A.D.. 1871. her Elizabeth x Scott. Tn presoncc of Charles J. Runkle. mark Tohn T. Burnott. J.K. Scott. R.`G Clampitt. F.E. Clampitt. C.R. Runklc: M.J. Runkle.. C.W. Runkle. S.F. Runkle. THE E STATE OF TEX. "•.S Z COUNTY OF BURI,FSON Z BEFORE ME, Thomas M. Hunt, Clork of tho District ''curt of Burleson County this day appoorod John T. Burnett to mo wall 'non and mado oath boforo mo, that he saw Elizaboth Scott, J. K,Scott Clampitt,E.E. Clampitt,C.R. Runkle, M.T. Runkle, C.W. Runkle, and S.F. Runklo, sign the forogoing dood, and that the said partion to the dead above named doclaurod it to be their act and deed for tho purposcs and considerations thorcin statod, and that ho signed the acme es c ti°ritnoss thoroto at tha requast of tho said partios to tho dood above written, and that he also sar, Charles Runklc sign tho foregoing decd as witnoss. Givon undor my hand and the seal of said District Court, this 7th day of June A.D. 1871. L.S. Thomas M. Hunt, Clork, Dist. C.B.Co. pc'r J.A. lust , Deputy. 30 • t Nolif Samuel A. Scott. f) Deed. Dated. 'arch 15th, A. D. 1871. To () Filed -- Recorded -Vol. M, page 162. J. Fred Cox. () Deed Records - Brazos Co., Texas. THE STATE OF TEXAS ( ) COUNTY OF BRAZOS () KNOW ALL NON BY THESE PRESENTS: THAT 1, Samuel A. Scott of the State of Texas and County of Williamson have this day for and in consideration of the sum of Three Hundred and Sixty nine Gold Dollars to me in hand paid by J. Fred Cox of the County of Brazos and `Ita;:e aforesaid the receipt whereof is hereby acknowlet4ed, bargain, be Li alienated and conveyed and do by these presents Pa: °Frain, sell, alienate and convey unto said J. Fred Cox my undividue i:terest in and to one half of a league of land granted to Joseph E. ccott situated in Brazos County of said State my interest being one hundred and eighty four and a half acres or 1 /l2of said half league. To T;TL AND TO HOLD said above described premises unto the said J. Fred Cox his heirs or assigns forever and I the said S. A . Scott do hereby warrant and will forever defend the title of said above described premises unto the said J. Fred Cox his heirs, assigns against myself, my heirs, executors and administrators or any other persons lawfully claiming the same in testimony whereof I have hereunto subscribed my name this the 15th day of March, A. D. 1871. Samuel A. Scott. In presents of: 13. M. Scott. M. H. Cox. THE STATE OF TEXAS ( ) COUNTY OF BRAZOS () BEFORE NE, C. F. Moore, Clk. of the District Court in and for said County personally appeared Samuel A. Scott who acknowledged that he siJned the above and foregoing deed for the purposes and consideration therein set forth. Given under my hand and the seal of said Court at office in the town of Bryan, Brazos County this the 15th day of March, A. D. 1871. C. F. Moore, Clk. D.C.B. Co. I certify the above and foregoing to be a true and correct copy of the original therein represented with all the endorsements thereon on which original was a stamp duty of fifty cents duly cancelled & c C. F. Moore, Clk.D.C.B.Co. 31 0 C Rachel R. Wilkinson. et al O Deed. Dated -April 1st, A. D. 1871. To () Filed -Nay 27, 1871. Recorded- Vel.b'G. page 111. J. Fred Cox. () Deed Records - Brazos Co., Texas. a STATE; OF TEXAS ( ) :IILL COUNTY () MOW AIL naT BY 'C -ESE PRESENTS: THAT WE, Rachel R. and John Wilkinson of the State of Texas nad County of Hill have this day for and in consideration of the sum of Seven hundred and thirty eight Gold dollars to us in hand paid by J. Fred Cox of the County of Brazos and State ufor.eeaid the receipt whereof is hereby acknowledges:, bargained, sold, alienated and con -eyed, and do by these presents bargain, sell, alienate and convey unto J. Fred Cox our undivided interest in and to one half of a league of land granted to Joseph L. Scott situated in County in said State our interest being throe hundred and sixty nine or 1/6 of said half league. To Have and To Hold said above described premises unto the said J. Fred Cox, his heirs or assigns forever. And we the said Rachel R. and John Wilkinson do hereby Tarrant and will forever defend: the title of said above described promises unto the said J. Fred Cox, • his heirs or assi'ns against our heirs, Executors and Administrators, or any other person or person lawfully claiming the same, In Testimony whereof we have hereunto subscribed our names, this the 1st day of April rl. D. 1871. Rachel R. Wilkinson. John I•!ilkinson. In presence of John r'. Cox. J. Roberts. THE STATE OF TFCAS ( ) COUNTY OF HILL () BEFORE T E, the undersigned authority this day personally appeared John P. Cox,tt me known Who beingduly sworn, says that he saw Rachel R. I 'ilkinson, and John 'Tilkinson sign the foregoing deed and that they each acknowledged, that they did so, for all the purposes and considerations therein contained, that he signed the same as a subscribing witness at the request of said grantors, and that he saw J. Roberts sign the same at the same time as himself, also, as subscribing witness thereof. In Testimony whereof, I hereto set ny name and the • seal of thcDist. Court, Hill County at office in the town of Hillsboro, this April 17th, A. D. 1871. John H. Lippard, Clark, Dist. Ct, Hill County (SEAL) Per Char. K. Bentley, Deputy. 0 2 . 1111 4110 . Sarah is. Cox 0 Deed. Dated -hpril 16th, A. D. 1871. To () Filed-May 27th, 1871. Recorded Vol. I. page 111. T, Fred Cox. () Deed Records- Brazos Co., Texas. FE STATE OF TEXAS ( ) Iiir i COUNTY () ( Y1JO" ALL NEN BY THESE PRESENTS: THAT '.E, Sarah L. Cox of the State of Texas and County of Hill have this day for end in consideration of the sum of seven hundred and thirty eight gold dollars to me in hand paid by J. Fred Cox of the County of Brazos, and State aforesaid, the receipt whereof is hereby acknowledged - barr;ained sold, alienated and conveyed, and do by these presents, bargain, sell, alienate and convey unto said J. Fred Cox our undivided interest in and to one half of a league of land granted to Joseph E. Scott situated in Brazos County in said State my interest being three hundred and sixty nine acres, or 1/6 of said half league. TO IAVE Ar?D TO HOLD said above described premises unto the said J. Fred Cox, his heirs or assigns forever, and I, the said Sarah L. Cox, do hereby warrant, and will forever defend the title of said above described premises unto the said J. Fred Cox, his heirs or assigns against myself, my heirs, Executors and Administrators or any other person, or persons lawfully claiming the same. In Testimony whereof I have hereunto subscribed my name, this the 16th day of. April A. D. 1871. Sarah L. Cox. In presence of John P. Cox. W. W. Aldridge. THE STATE Of T: X&S ( ) COUNTY OF HILL () BEFORE LE, the undersigned authority this day, personally appeared John P. Cox, to me known, who being duly sworn states that he saw Sarah L. Cox whose name appears to the foregoing deed sign, the same and that she acknowledged, and that she acknowledged to him, that she had done so, for the purposes therein contained, that he signed the same as a subscribing witness at the request of said grantor. And that he also saw j. z:i. Aldridge sign his name to the same as subscribing witness at the same time with himself. In testimony whereof, I hereto set my hand and seal of office at office in town of Hillsboro, this April 17th, 1871. L. J. - John H. Lippard C1k. Dist. Ct. rill County, Texas per Chas. F. Bentley, Deputy. Sarah L. Cox. to 3. Feed Cox. (L.'.) • 33 Co; ° 0 • James U.Scott. () Deed. Dated -Jan. 12th, A. D. 1871. To () .riled -Feb. 21, 1871.. Recorded Vol. M. page 163. J.Fred Cox. () Deed Records - Brazos Co., Texas. THE STATE aTi. TF.�AS ( ) HILL COUNTY 1 () KNOW ALL 1 75N By THESE PRESENTS: THAT I, James W. Scott of the State of Texas and County of Hill have this for and in consideration of the sum of Three hundred and Sixty nine Gold °cellars to nn in hand paid by J. Fred Cox of the County of Brazos and State aforesaid the receipt whereof is hereby acknowledged Bargained, sold alienated and conveyed and do by these presents, bargain, sell, alienate and convey unto said J. Fred Cox my undivided interest in and to one half of a ]League of land granted to Joseph E. Scott situated in Brazos County in said State niy interest being Three hundred and Sixty nine acres or 1/6 of said half league To Have and to hold said above described premises unto the said J. Fred Cox his heirs or assigns forever, And I the said J. W. Scott do hereby warrant and will forever defend the title of said above described premises unto the said J. Fred Cox his heirs - or assigns against myself my heirs, executors, and adminis- trators or any other person or persons lawfully claiming the same. In Testimony whereof I have hereunto subscribed my name this 12th day of January A. D. 1871. James U. Scott. (SEAL) :fitness: John P. Cox Alex P. Dechard. THE STATE OF TEXAS () COUNTY OF HILL () BEFORE M., John H. Lipperd, Clerk of the District @ourt Hill County personally appeared John P. Cox who being by me duly sworn certifies on oath that he saw James W. Scott sign the within an and that he acknowledged in his presents that he had signed, sealed and delivered the same for the purposes and consideration therein set forth that he saw Alex P. Decharce sign the same as a witness and that I signed the same as a subscribing witness at the request of said James" ',Scott, Attest. John H. Lippard, Clk. of the Dist. Court, Hill County. Given under my hand and seal of office at office in town of Hillsboro this the 21st day of February A. D. 1871. John H. Lippard, Clk. Dist. Court, Hill County 34 c ope '1113 Phillip B. Scott () Deed. Dated -Jan. 2,•A. D. 1871. To .() Filed- Jan. 4, 1871. Recorded Vol. L. page 442. J. Fred Cox. O Deed Records- Brazos Co, Texas. THE STATE OF TEXAS ( ) BURLESON COUNTY () KNOW ALL MEN BY THESE PRESENTS: THAT I, Phillip B. Scott of the State of Texas and County of Burleson have this day for and in consideration of the sum of three hundred and Sixty -nine Gold Dollars to me in hand paid by J. Fred Cox of the County of Brazos and State aforesaid the receipt whereof is hereby acknowledged, Bargained, Sold, alienated and conveyed and do by these presents Bargain, sell, aleinate and convey unto said I. Fred Cox my undivided interest in and to one half of a League of land granted to Joseph E. Scott situated in Brazos County in said State,my interest being; one hundred and Eight i four and a half acres of 1/12 of said • half League. TO HAVE AND TC HOLD said above described premises unto the said J. Fred Cox his heirs or assigns forever. And I the said P. B. Scott do hereby ,warrant and will foreverd efend the title of said above described premises unto the said I. Fred Cox his heirs or assigns against myself my heirs, executors and administrators or any other person or persons lawfully claiming the same. In Testimony whereof I have hereunto subscribed my name this the 2nd day of /any. A. D. 1871. Philip B. Scott.• .Witness: Philip P. Scott Tr. d M. Scott STATE OF TEXAS ( ) I3RAZOS COUNTY () BEFORE ME, C.F. Moore, Clk. of the District Court in and for said County personally appeared H. II. Scott to me personally known who on oath deposes and says that he saw Philip B. Scott sign the within deed for the; purposes and considerations therein set forth and that he the said I.I. 1. Scott signed the same as a witness at the request of the said Philip B. Scott. Given under my hand and official seal of said Court at office in the town of Bryan, Brazos County, this the 4th day of Jany. A. D. 1871. C. F. Monre, Clk . D. C. B.Co. • 35 0 tilm■ 11/1 i T. Fred Cox et ux. O Deed. Dated -9-5-90. To () Filed - Cent. 23, 1890. Recorded Vol. 7, page 621. A. C. Hrdlicka. () Deed Records- BrazosC o., Texas THE STATE OF TEXAS ( ) COUNTY OF BRAZOS () KNC.I ALL MEIN BY THESE PRESENTS: THAT ?I2, J. Fred Cox and Lathe H. s his wife of the County of Tarrant in the State aforesaid, for and in consideration of the sum of One Thousand (;1,000.00) Dollars to be paid and secured to be A. C. 'rdlic:;�3 follows: paid by cis follows: Ttwro Hundred Dollars Cash. in hand paid, and five hundred Dollars in Vendors Lien Note bearing even date herewith and due twelve months after date and bearing interest at the rate of Light (8) per cent per annum have Granted, Sold and Conveyed, and by these presents do Grant, SL'LL and Convey unto the said A. C. Hrdlicka of the County of Brazos, and State of Texas, all that certain tract of lend out af the J. E. Scott League in Brazos County, and State of Texas and a part of the J. Fred Cox one half league Beginning at the South corner of a 50 ncre tract, hereto- fore sole? to John Puntlick, stake in S. .r;. league line. Thence run S. 45 W. 1030 vrs. with league line and corner stake with east corner of i:irs . Vannoy's tract. Thence N. 45 W. stako with Mrs. Vannoy's North corner on S. E. 12 o f A and corner, e land. T 45 E. line of A. & M. College hence N. 45 E. 1030 vrs. to west eor,. of John Pentlick 50 acre tract. Thence S. 45E. 720 vrs. ace of beginning and containing One Hundred and Thirty t'ne and one Third • acre of land, more or .less. To Have and To Hold the above described premises together with all and singular the rights and appurtenances thereto in anywise belonging unto the said X. C. Hrdlicka, his heirs and assigns forever. And Y do hereby bind myself, heirs, executors and administrators, to ' Tarrant and forever Defend all and singular the said premises unto the said ii. and assigns against every person C. Hrdlicka his hairs to claim'the same or a nypaartthe.reof. on liut . i.t� agreed stipulated, that the Vendor's Lien is retained against the d above described property, premises and improvements until above described note and all interest thereon are fully paid according to the face and tenor, effect and reading when this deed shall become absolute. Witness my hand at Bryan, this 5th day of September, A. D. 1890. T. Fred Cox. Mollie H. Cox. TIE STATE OF TIMID ( ) COUNTY OF BRAZOS () BEFORE ME J. T. Barron, Clerk of the County Court in :.nd for Brazos County, Texas on this day personally appeared J. Fred Cox, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this 5th day . of Sept. A. D. 1890. J . W. Barron, CCC BCo., Texas. (L.S.) By - E. J. Butler, Deputy 36 J 0 0 ® 3 THE STATE OF T�TXM ( ) COUNT' OF TJRRi,INT () Before me, . G. Veal a Notary rublic in and for Tarrant County, Texas, on this day personally appeared Mollie H. Cox, wife of T. Fred Cox to be the person whose name is subscribed to the foregoing instrument, and having been examined by me privily and apart from her husbadd, and having; the same fully explained to her, she, the said T,ollie H. Cox, acknowledged such instrument to be her act and declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retrzct it. • Given under my hand and seal of office this Sept. 17, day A. U. 1890. W. G. Veal N.J'.T . Texas (L M) • 37 • I • o t :a Certified Copy of , estate of J. Fred Cox. Recorded Vol. 9, rage 507.- Deed Records- Brazos County, Texas as follows: The State of Texas O County of Tarrant O The fo11wing is a certified copy of the last will and testament of J. Fred Cox deceased and the probate thereof from the Records of the Probate Court of Tarrant County, Texas in the office of theCounty Clerk of said County to=wit:- 'Fill The State of Toxas () County of Tarrant () Know all nen by these presents that : I J Fred Cox of the City of Fort 7orth County of Tarrant State of Texas, being of sound mind and knowing the uncertainty of life do make, publish and declare this my last will and testament, 1 give, devide and bequeath to my dear wife , ';ollie Harris Cox and her heirs and assigns forever all ray property and estate of every kind whether real, personal or mixed and constitute and appoint her my sole Executrix of this my last :rill with full power to sell and make deeds to any or all real estate of which 1 gray be possessed at my death. Should my beloved wife iv'iollie Harris Cox marry within the nest six (6) years from this date it is my will that all property of my estate shall be divided equally between herself and each of our children. She and each child sharing alike. In the event she does not marry then it is my will that after six (6) years or sooner if she should think best that one half of the property shall be equally divided among our childred she retaining possession of the remaining half. I strictly enjoin that she shall give no bond whatever and that the Courts shall have no control whatever over my said Executrix or my said estate more than the probating. Sign in presence of ". G. Vaa'_ and W. L. Nelms WITNESS my hand this the 19th day of i my 1,. D. 1891. J. Fred Cox. Attest: 'T G. Veal W. L. 'elms. Filed June 5th, 1891. no. P. King, Co Clerk Order Probating' Will - ursday Sept. 17th, 1891. Estate of J. -Fred Cox, Dec'd. This day came on to be heard the application of L:011ie Harris Cox, for the probate of a certain instrument in writing purporting to be the last will and testa ent of J. Fred Cox deceased filed herein June 5th, 1891, and the evidence a statement of which is filed with the papers herein being fully considered by the Court and it appear- ing to the Court that said J. Fred Cox departed this life on ray 21st, 1891. It is therefore ordered by the Court that said instru- ment be and thu same is hereby admitted to probate as the last Will and Testament of J. Fred Cox, deceased. 38 ^' • Further ordered that Mollie Harris Cox be cnd she is hereby appointed Executrix of the said Will of. J. Fred Cox deceased and that no bond be required of her and that letters testamentary issue upon her taking the oath prescribed by law. Further ordered that said Executrix Ybe hot required to make further report to this Court, Further ordered that W. G. Veal, J. 0. 'Aright and Jim Wood be and they are hereby appointed - appraisers to make the appraisement of said estate. TIE STATE 01 TEXAS ( ) COUNTY OF TARRAFT () 1, Trio. P. King, Clerk of the County Court in and for Tarrant County, Texas do hereby certify that the above and foregoing is a true and correct copy of the least Will and testament of J. Fred Cox, deceased as filed in said Court for probating together with the order of said Court probating and admitting the same to record as the appears of record on the minutes of said Court in minute Book 12, pages 138, 139, 141 and 143. Given under my hand and seal of said Court at office in the City of Fort Vorth, Texas this the 30th day of. October, A. D. •1891. Jno. P. King, Clk. Co. Ct. T. C". • (SEAL) 39 f a c U J. Fred Cox () Release B y Dated Sept. 4th,, 1891 Liol.lie R. Cox .,;xor. () Filed Sept. 28th., 1891 To Recorded in Vol. 8, page 600 () Deed Records of Brazos County, A. C. hrdlicka O Texas. The State of. Texas ( ) County of. Hill () '.''hereas on tr.e 5th day of Sept. A. D. 1890 J. Fred. Cox did execute and deliver to A. C. Hrdlicka a certain deed of Conveyance, wherein the party first named did convey to the party last named the following described tract or parcel of land towit: 131 -1/3 acres of land out of the J. L. Scott Survey situated in Brazos County Texas. And whereas as a part consideration for said land the said A. C. Iirdlicke did execute and deliver to the said T. Fred Cox a certain promissory note bearinG even date with said deed and payable to T. Fred Cox or order twelve months after date, and a vendor's lien was expreAsly retained in such dead to secure tho payment of said promissory note; And whereas said promissory note has been fully paid off and discharged, both principal and interest, and at the time of the payment said note was the property of the Estate of T. Fred Cox dec'd, -How therefore know all men by these presents, that I Mrs. 1 ollie H. Cox .executrix of the last will and testament of the said J. Fred Cox dec'd of the County of Tarrant and State of Texas for and in consideration of the nrimises and the full and final payment of said note, havo released, quit claimed, discharged and acquited, and by these presents do remise, quitclaim, discharge and acquit unto the said A. C. 1Irdlicka his heirs and assigns, the vendor's lien hereto- fore existing upon the land and premises aforesaid. Uitness my hand this tho 4th day of Sept. A. D. 1891. Mrs. Mollie H. Cox Extr. The State of Texas ( ) County of hill efore me , {) B J. C. 'dear a Notary tablet in and for. Hill County Texas on this day personally appeared "bllie H. Cox executrix of the Last Jill and testament of X. Fred Cox, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to _sic that she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this 4th day of Snot. A. D. 1891. (SEAL) C. ;tear, Notary .eublic, Hill Co. T'Jxas. 40 ' (111) A. C.' Hrdlicka () De;;d of Trust. Date 6- 24 -95. To () Filed -12 -9 -1895. Recorded Vol. I, page 36 H. 1.ernole, Tr. () Decd of T. Records - Brazos Co., Tuxas. TH3 STAMP OF TOAS ( ) CCTJFTY OF BRAZOS () Know All iron by Those Presents: That I, A. C. Hrdlicka of the County of Brazos in the Stato of Texas for and in consideration of the sum of Tan Dollars, to us in hand paid by k. Kornolo of the County of Brazos in tho State. of Texas, the recoipt of which is hereby acknowlodgod, have sold, and by these presents do Sell., Transfer, Convey and. Confirm unto thy. said H. Kornolo and to his successors in the Trust, the following described property, to-wit: All that c.;rtain tract or parcol of land out of the J. y. Scott lc:agu.; in Brazos Co. Texas and apart of the S. Fred Cox one half lea rue. Beginning at the South cor. of a 50 acrd tract heretofore sold to John Pantile stake in S.lj. league lino, Thence run S. 45 W. 1.030 varas, with luaguc lino and corner stake with E. corner of 14 rs. `Jannoys tract. Thane: N. 45'1. 720 varas and corner, stake with M.rs. Vannoys N. cor. on 5. lino of. n. & Co11ogo land, Thence N. 45 E. 1030 vra. to :"asst cor. of John Pantile 50 acre tract. Thence S. 45 E 720 varas to the place of boginning andcontaining Ono hundrod and thrity one rand 1/3 acres of Land, Being same land bought from J. Frod Cox and wife by d,.;od dated Supt. 5th, 1890 and recorded in book '7, pgs, 621, & 622 dcod rocordo of Brazos Co., Texas. Thu above; described land is owned by nio in my or• and tho same is freo from any incurnbranco whatovor, my homestead is located in Bryan, Texas, Together with all and singular tho rights, members, horoditamonts and appurtenances to tho same in any manner bolonning or appertaining. To Have and To Hold all and singular, the proporty above described unto the said H. Kornole or his substitute, forovor, And I do by those presents bind myself my hairs, Executors and administrators to ':arrant and Forever Dofond, all and singular the: saidproporty unto the said H. Kornole or his substitute horuin, against the claim or claims of any and all parsons whomsoever claiming or to claim the sa:;ao or any part thereof. Doscription of Not This Conveyance however is lntondod as a Trust for tho better seeming of the First i'+at. Bank of Bryan, of Brazos Co. and Stato aforesaid, in the payment of a certain promissory note of which tho following is a substantial copy: dated Juno 24th, 1895, due Doc. 1st, 1895 for 315,85 with interest after maturity at loo per annum and loo for nttys fees. Upon payment of which said promissory note according to its face and tenor, boinf: well and truly made, then, in such case, this conveyance is to become null and of no further force or effoct, and shall be rcle:jscd at the cost and expense of the said Hrdlicka, But, in case of failure or dofauit in the pr;yna,,nt of said promissory noto together with the interest th;;ruon accrued, according to its tomrs and face, at tho maturity of tho same::, then and in such event, said H. Kornolo is by those presents fully .authorized and empowered, and it is made his special duty, at tho requ; st of the said ThoFirst Nat. of Bryan, at any time mode after the maturity of said promissory noto, to Loll the said above doscribod property to this hi host biddor, for cash-- - Usual form of D. 1f Trust Omitted. `iitnoss my hand this 24th day of Juno n. D. 1895.. A, C. Hrdlicka 41 • f G • • • 1110 r i • • TIE STATE OF TEX S ( ) COUNTY OF B12AZCS () Before me, _4...H. Harbers, a Notary Public in and for Brazos County, Texas on this day personally appeared A. C. kirdlicka mown to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed.. GIVEN under my hand and seal of office, this 24th day of June, t'. D. 1895. A H. Harbers, Notary Public Brazos County, Texas (L. S.) 42 Noll;) First National Hank f f Release Dated Feby 12th., 1896 To () Filed Feby 14th., 1896 Recorded in Volume 14, page 622 A. C. Hrdlicka () Deed Records Brazos County,Texas. The State of Texas ft County of Brazos () Whereas on the 24th day of June 1895 A. C. Hrdlicka of Brazos County, Texas did execute acknowledge and deliver to Hrdlicka Trustee of Brazos County, Texas a certain Trust deed on tho following described real estate situate, lying and being in the County of Brazos in said State of Texas towit: All that certain tract of land out of the J.E. Scott league and a part of the J. Fred Cox half League. For full description see Volume I page 36 and 37 Real Estate Mortgage record Brazos Col Texas to sedure the prompt payment of a certain promissory note executed by said A. C. Hrdlicka and payable to the order of the First National Bank of Bryan as follows: Note for ;315.85 duo December 1st 1895 and bearing interest from maturity at the rate of 10 per cent per annum and whereas said note with accrued interest thereon has been fully paid and at the time of such payment said note was the property of the said The First National Bank of Bryan, Now therefore Know all Mon by those presents that 1, H. 0. Boatwright, Cashier of said Bank of Brazos County, Texas in consideration of tho premises and of the full and final payment of said note the receipt of which is hereby acknowledged have this day and do by these presents remise, release and quit claim unto the said A. C. Hrdlicka, his hairs or assigns the lien heretofore existing on said premises by virtuo of said Trust Deed and do hereby declare the same fully released and satisfied. Uitness ray h.. nd (=c seal of Bank this 12th day of Feby 1896 Tho First National Bonk of Bryan, Per 0. Boatwright (SEAL) Cashier The State of Texas () County of Brazos () i me h. J. i'latner, a Notary Public in and for Brazos County, Texas in this day personally appeared H. 0. Boatwright, Cashier of the First National Bank of Bryan, known to .me to be the person whose name is subscribed to the fore going instrument end acknowledged to mg; that he executed the same for the purposes and consideration therein expressed. Given under my hand end seal of office this 12th day F 1896. J. ". Platner Notary Public Brazos Co. Toxas. (SEAL) • 43 . 4 • S. C. Woitan et ux. () Deed. To Dated- 6 -8 -11. () Filed 6 -8 -11 Ed Hrdlicka- Francis Hrdlicka Recorded Vol. 36, page 598. rdlicka () Deed Records - Brazos Co., Texas. and Joseph Waiton STATE OF TEXAS() COUNTY OF BRAE OS () KNOB T ALL M BY T13ESE PRES=S: THAT WE, S.C. Woiton and Emelia Woiton of the County of Brazos and state of Texas, for and in consideration of the sum of On Hundred Dollars ( 100.00) to us in hand paid, by Ed Hrdlicka and Joseph Hrdlicka and Francis Hrdlicka, the receipt of which is hereby acknowledged, and for the further consideration of the love and affection we have for the said Ed Hrdlicka, Joseph, Hrdlicka and Francis Hrdlicka and for the further consideration of a canplete settle- ment with the said above named parties to all interest that we may have in the estate of their father, Adolph H rdlicka, and for the further consideration that the said Adolph Hrdlicka, and for the further consideration that the said Ed a Hrdlica and Francis Hrdlica had in a certain that Joseph ed to Adolph Hrdlicka, at the time of his death, and the further consideration that the said rd Hrdlicka, Joseph Hrdlicka and Francis Hrdlicka release the said S. for the sum of Five H C. '�Jaiton from all liability, Hundred Dollars ($500.00) their interest in the said homestead owned by Adolph Hrdlicka, at the timet.of his death, the said Five Hundred Dollars being paid unto open Court for the use and benefit of the said Ed Hrdlicka, Joseph `` Hrdlicka and Frances Hrdlicka, for which sum, the said S. C, Waiton made a bond and drew said amount out of the District Court of Brazos County, Texas, do by these presents bargain sell, release, and forever quit -claim unto'the said Ed. Hrdlicka, . Joseph Hrdlicka and Francis Hrdlicka, their heris and assigns, all of our right title and interest in and to thefollowing parcels of land lying and being in the County of Brazos and State of Texas, described as follows, to -wit: First Tract: 120 acres lying and being situated in Brazos, County, Texas and more particularly described as follows, to -wit: and being the same land conveyed to Joseph Hrdlicka by James and Martha J. 1880, as evidenced by deed recorded in Vol. U, pges 599, ndth, 600, Records of Deeds of Brazos County, Texas. Second Tract: Sixty three and one half (63, acres, situated in Brazos Texas, and granted to Thos. Henry as part of his 1 1/3 league headright by Patent No. 478 and being the same conveyed to Joseph n rdlicka by W. R. Baker July 20th, 1885, as evidenced by deed recorded in Vol. U, pages 551 and 552 Records of Deeds of Brazos County, Texas, Third Tract: Twenty acres situate in Brazos County, Texas in the Crawford Burnett league and being the sane conveyed to Joseph Hrdlicka by J. H. and Julia Suber, October 16th, 1883, as evidenced by deed recorded in Vol. Y, pages 65, records of deeds of Brazos County, Texas. Fourth tract; One half undivided interest in and to fifty (50) acres more or less, situated in Brazos County, Texas, being part of the Crawford Burnett league, and being the same land conveyed to Murdoch M. Wilcox by J • W. Coulter, trustee, as evidenced by deed recorded in Vol, V, pages 148 and 149, in Records of Deeds of Brazos County, Texas, and conveyed by M. M. Wilcox to Joseph T; Hrdlicka and Iynotz Rosprim all of this land conveyed to Adolph Hrdlicka by Joseph Hrdlicka and wife by Deed dated flay 8th, 1893, not recorded to which deed reference is hereto had for a more particular description of said land. Also a tract of land consist- ing of one hundred and thirty one and one third acres of laid more or less, conveyed to A, C. Hrdlicka by J. Fred Cox, and Mollie H. Cox, his wife by deed dated the 5th day of September, 1890, and recorded in Vol. 7, page 621, and 622 Deed Records of Brazos County, Texas, to which deed and record, reference is heretohad and made for a more particular description of said land Also one tract of sixty three (63) acres conveyed to Joseph H'licka 444 a c ' • by !. R. Baker by daed dated July 20th, 1885, and recorded in Vol. 2, on page 551, and 552 Deed Records of Brazos County, Texas, to which Deed and pecord, reference is heretohad for a more particular description of said land. Also a tract cansist- ing of 24 acres and a fraction conveyed to Amelia Hrdlicka' by Joseph Hrdlicka by deed dated the 5th day of. June, 1896, and recorded in Vol. 16, page 225, Deed Records of Brazos County, to which deed and record, reference is heretohad and made for a more particular description of said land: Also a tract consisting of twenty acres of land conveyed to Joseph Hrdlicka by J. H. Suber Jr. and Lila H. Suber by deed dated the 16th day of vctober 1883, to which deed and record re- feronca is hereto had and made for a more particular descrip- tion of said land. To Have and To hold the said premises together with all and siggular the rights and privileges and appurtenances thereto in any manner belonging unto the said Ed Joseph and Francis Hrdlicka, their heirs and assigns forever, so that nither we, the said S. C. Walton and Amelia '.Iaiton nor our hairs, nor any person or persons, claiming under us shall at any time thereafter have, claim, or domrtnd any ri ht or title to tho aforesaid premises or appurtenances or any pert thoreof. It is further agreed and understood that all rants for tho year 1911 shall be paid to the said Ed. Joseph and Francis Hrdlicka. This instrument is intended as o comploto sottlement betwocn he said S. C.'T'.iton and Amelia Walton and Ed. Joseph, and Francis Hrdlicka, in all interest in their father's estate, and if there is any land that was owned by the said Adolph Hrdlicka and E;molia Hrdlicka at tho time of his death by inheritance or otherwise, said land is hereby included in this deed, and this conveyance to the part of the said b. C. .faiton and Jinolia 'iaiton is intended and does forever settle all liabilities or all indebtedness on all claims of whatever nature or character that the-said Ed, Josoph and Francis Hrdlicka havo or may have against the said S. C. ' ; . aiton and Amelia "aiton, ' "ITNESS our hands at Bryan, Texas this 8th day of June, h. D. 1911. S. to . C. ioiton. .milio ' 'oiton STATE OF TEIAS () CCUVYT OF BRAZOS() BoforL. ry G. Board, County Judge in and for Brazos County, T on this day porsonally appeared S. C. j,oiton known to ma to hu th.; parson whose nama subscribed to tho foregoing instrument, and acknowledged to mu that he exocutod tho same for the purposes and considerations therein exprossed. Given under my hand 2nd seal of office this Juno 8th, 1911. A. G. Board, County Judge, Brazos Co., (Toxas. Toxas. STATE OF TEXAS ( ) COUNTY OF BRAZnSO Befor., m:, A. G. Board, County Judge in and for Brazos County, Texas on this day porsonally appeared Delia Woiton wife of S. C. , iaiton, known to ro to bo the person whose name is subscribed to the foregoing instrument, and having boon ex:aminud by me privily and apart from her husband, and having the samo fully .;xpl:.inod to her, She the said Amelia • Walton acknowledged such instrument, to bo her act and cloud, and declared that sho had willingly signed tho same for the purposes and consideration thorcin expressed, and that she did not wishto retract it. Given under my hand and seal of office this 8th day of Tuna, A. D. 1911. A. G. Board, County Judge, Brazos Co. , Toxas. (seal) • • 45 C00/ c Mrs. Francis Swartz et al () Deed. Dated 7/21/1919. To () Filed July 23, 1919. Recorded Vol. 49, page 11 Edward V. Hrdlicka. () Deed Records - Brazos Co., Texas. State of Texas () County of Brazos() Know all men by these presents: That whereas, Edward V. Hrdlicka and his sister, Mrs. Francis Schwartz, of Brazos County, Texas, and of Harris County, Texas, respectively, have and hold in common the following described tract of land,viz: Lying and being situated in the County of Brazos, and State of Texas, and lying partly in the J. E. Scott Headright Survey, and Crawford Burnett Headright Surveys, and being more particularly described by metes and bounds as follows, to -wit: Beginning at the North corner of a 52 3/4 acre tract conveyed to John Kana by S. C. Woiten and wife, by deed dated November 21st, 1912, and recorded in Volume 50, page 150, of the Deed Records of Brazos County, Texas, a rock in the center of the land; Thence S. 45 E. 720 vrs. and corner a stake set in the Northwest line of the afore- said Crawford Burnett Headright Survey, which is the Southeast line of the J. E. Scott Survey, which said corner is the East Corner of the aforesaid 52 3/4 acre tract; Thence S. 45 W. along the Southeast line of the said 52 3/4 acre tract and corner a stake set in the East line of the College and Wellborn Public Road; Thence along said East line of said public road S. 26 3/4 E. 570 vrs. and corner in the center of the lane, which said corner is the West corner of the Mathew Davis 2 acre tract and South corner of a 168 acre tract conveyed toEdward V. Hrdlicka by deed, which said deed is recorded in Volume 36, page 598, of the Deed Records of Brazos County, Texas; Thence N. 45 E. 1880 vrs. and corner a stake set in the S. W. line of a 55 acre tract conveyed to Tom Holik by Stephen Pontlik and wife, Frances Pontlik, by deed dated July 21st, 1896, and recorded in Volume 15, page 175 of the Deed Records of Brazos County, Texas, which said corner is also the North corner of a 792 acre tract f',onveyed to Frank Weinzell and Albert Elbrich and Mary Elbrich by deed dated November 13th, 1912 and recorded in Volume 42, pege 162 of the Deed Records of Brazos County, Texas; Thence N. 45 W. 541 vrs. and corner a stake set in the Northwest line of the said Crawford Burnett Headright Survey; Thence S. 45 W. 163 vrs. and corner with the south corner of a 50 acre tract conveyed to Tom Holik by Stephen Pontlik and wife, Frances Pontlik by deed dated July 21st, 1896, and recorded in Vol 15, page 175, of the Deed Records of Brazos County, Texas; Thence N. 45 W. 722 vrs. and corner with the West corner of the afore- said 50 acre tract, which is the North corner of a 131 acre tract conveyed to Ed Hrdlicka et al by S. C. Woiton and wife by deed dated the 8th day of June 1911, recorded in Volume 36, page 598, of the Deed Records of Brazos County, Texas; Thence S. 45 W. along the northwest line of the said 131 acre tren t a distance of 1030 vrs. to the place of Beginning, contaning Three Hundred and Four & 12/100 (304.12) acres, and are desirous of making partition of the same; Now, therefore, I,Mrs. Frances Schwartz, joined by my husband, Charles W. Schwartz, of the County of Harris, State of Texas, for and in consideration of the sum of Ten & No /100 Dollars 010.00) to me cash,in hand paid by Edward V. Hrdlicka, the receipt of which is here- by acknowledged and confessed, and for the purposes of partitioning the above described tract of land, Have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said Edward V. Hrdlicka of the County of Brazos, State of Texaq, all that certain tract or parcel of land lying and being situated partly in the J. E . Scott Headright Survey and the Crawford Burnett Headright Survey, and being two thirds of the above described three hundred and four and 12/100 (304.12) acre tract, and more particularly described by metes and bounds as follows, viz; 46 1 (1.0 Beginning at the North corner of a 52 3/4 acre tract conveyed to John Kane by S. C. Woiton and wife by deed dated November 21st, 191?,and recorded in Volume 50, page 150, of the Deed Records of Brazos County, T Texas, a rock in the center of the lane; Thence S. 45 E. 720 vrs. and corner a stake set in the Northwest line of the aforesaid Crawford Burnett Headrieht Survey, which is the Southeast line of the J. E. Scott Survey, which said corner is the East Corner of 'the aforesaid 52 3/4 acre tract and corner a stake set in the East line of said public road S. 26 3/4 E. 5'70 vrs. and corner in the center of the lane, which said corner is the West borner of the Mathew Davis 2 acre tract and South corner of a 168 acre tract conveyed to Edward V. Hrdlicka by deed, which said deed is recorded in Volume 36, page 598 of the Deed Records of Brazos County, Texas; Thence N. 45 E. 1335.4 vrs. and corner a stake set in the Southeast line of the aforesaid 304.12 acres of land; which corner is the South corner of a 101.37 acre tract this day conveyed to Mrs. Frances Schwartz by Edward V. Hrdlicka and wife; Thence N. 45 W 1267 vrs. and corner a stake set in the Northwest line of the aforesaid 304.12 acre tract, which is the Test cornerof the aforesaid 101.37 acre tract; Thence S. 45 W. 648.4 vrs. to the place of beginning, containing Two Hundred and Two & 3/4 (202 -3/4) acres of land. To have and To Hold the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the said Edward V. Hrdlicka, his heirs and assigns forever; and we do hereby bind ourselves our heirs, executors and administrators to Warrant and Forever Defend, all and singular, the said premises unto the said Edward. V. Hrdlicka, his heirs and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. Witness our hands at Bryan, Texas, this the 21st day of July, A. D. 1919.. Mrs. Frances Schwartz. Charles W. Schwartz. • THE STATE OF TEXAS () COUNTY OF HARRIS () Before me. A. C. Fulton, a Notary Public in and for Harris County, Texas, on this day personally appeared Charles W.Schwartz known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this the 21st day of July A. D. 1919. A. C. Fulton, Notary Public, Harris County, Texas. (SEAL) TIC STATE OF TEXAS ( ) COUNTY OF HARRIS () Before me. A. 0. Fulton, a Notary Public in and for Harris County, Texas on this day personally appeared Mrs. Frances Schwartz wife of Charles W. Schwartz known to me to be the person whose name is subscribed to the foregoing instrument, and having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said Mrs. Frances Schwartz acknowledged such instrument to'be her act and deed and she described that she had willingly signed the same for the purposes and considerations therein expressed, and that she,did not wish to retract it. Given under my hand and seal of office this 21st day of July A. D. 1919. A. C.Fulton, Notary Public, Harris County, Texas (SEAL) 47 J. Fred Cox. j Deed. Dated. 12 -8 -82. To () Filed- 12 -8 -82. Recorded Vol. W, page 602. J. Pantlits. THE STATE OF TEXAS() COUNTY OF BRAZOS () Know L11 Men by These Presents: That I, J. Fred Cox of the County of Ellis and State of Texas, for and in consideration of the sum of Fiftyl$50.00) Dollars to me in hand paid by J. Pantlits of the County of Brazos and State of Texas, the receipt of which is hereby acknowledged and two promissory notes bearing even date herewith, and drawing; interest at the rate of ten per cent per annum from date, one due December 1st, 1883, the ether due December, 1st, 1884, and each for ".'"125.00. Have this day Gra.nted,Bargained, Sold and Conveyed and the said J. Pantlits, his heirs and assigns, the following described tract of land, retaining Vendors Lien on said land to secure payment of said notes and until said notes are paid, Said tract of land being situated and lying in Brazos and State of Texas, being part of the J. E. Scott League, Beginning at the north corner of John Pantlits 55 acre tract in the Burnett League, Thence S. 45 W. at 229 vrs, pass the West corner of J. Pantlits 55 acre tract in the Burnett League, continue same course and at 397 vrs. cor. stake, Thence N. 45 V. 712 vrs. set stake for corner in S. E. line of College Survey, Thence N, 45 E. 392 vrs. and cor. stake with west cor. of 87 acres tract this day sold Dobrorling. Thence 3. 45 E. 712 vrs. to the beginning, containing 50 acres of land more or less, Together with all and singular the rights, hereditaments and appartances thereunto belonging or in anywise apper- taining. To Have and To Hold all and singular the above described premises unto the said J. Pantlits, his heirs and assigns, forever, And I do hereby Warrant and forever defend all and singular the said premises unto the said J. Pantlits his heirs and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. Witness my hand this 8th day of December, A. D. 1882. J. Fred Cox. THE STATE OF TEXAS ( ) BOUNTY OF BRAZOS () BEFORE ME, S. M. Derden Clerk of the County Court on this day personally appeared J. Fred Cox known to me to be the person whose name is sbuscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed. Given under my hand and seal of office this 8th day of Dec. A. D. 1882. (L.;.) S. M. Derden, Clk. Co. C. B. C. 48 4::) 4 J.Fred Cox () Deed. Dated 12 -8 -82. To () Riled 12 -8 -82. Recorded Vol. W, page 603. Anton Dobrovoling () Deed Records BrazosCo., Texas. TEE STATE OF TEXAS ( ) BRA COUNTY () Know All Men by these presents: That I, J. Fred Cox, of the County of Ellis and State of Texas,for and in .consideration of the sum of Fifty Dollrs to me in hand paid by Anton Dobrovoling; of the County of Brazos and State aforesail, the receipt of which is hereby acknowledged and two promissory noi,es, bearing even date herewith and drawing interest at the rate of ten per cent per annum from date. Dne due December 1st, 1883, the other due • December 1st, 1884 and each for 4:236.00. Have this day Granted, Bargained, Sold and Conveyed and by these presents, do Grant, Bargain, • Sell and Convey unto the said Anton Dobrovoling, his heirs and assigns the following described tract of land , Retaining Vendors Lien on said land to secure payment of said above, mentioned notes and until said notes are paid, said tract of land being situated and lying in Brazos County and State of Texas, being a part of the J. E. Scott League, Beginning West corner of William Klopchenockins 20i Acres tract, stake on the west bank of a gulley. Thence S. 45 E. 285 vrs. and cor. stake. Thence S. 45 W. at 70 vrs. pass north cor. of Dobroling 55 acre tract in the Burnett league continue same course and at 299 vrs. stake for cor with the east cor. of the 5U acre tract this day sold to J. Pantlets Thence N. 45 W. 712 vrs. and cor. stake in S.E. line of College land and north cor. of Pantlito 50 acre tract. Thence N. 45 E. 853 vrs. and cor. stake with East cor. of College land. Thence S. 45 E. 712 vrs. tai the gulley or Creek. Thence up said gully or creek with its meanders to the place of beginning, containing 87 acres of land, more or less, together with all and singular the rights hereditaments and appurtenances thereunto belonging or in anywise appertaining. To Have andTo Hold all and singular the above described premises unto the said Anton Dobroroling his heirs and assigns, forever, And I do hereby Tarrant and forever defend all and singular the said premises unto the said A. Dobroroling his heirs and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. Witness my hand this 8th day of Dec .A.D. 1882. J. Fred Cox. THE STATE O I TEXAS ( ) COUNTY OE BRA70S ( ) Before me, S. T. Derden Clk. of the County Ct. on this day personally appeared J. Fred Cox known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and considerations therein expressed. Given under my hand and seal of office this 8th day of December, A. D. 1882. • S. M. Derden, Clk. County Ct. B. C. (L. S.) 49 • o a Stephen Pantlik () Deed. Dated 7- 27 -96. • To () Filed 7-27-96. Recorded Vol. 15, pag. 175. Thomas Holik. () Deed Records, Brazos Co., Texas. THE STATE OF TEXAS ( ) C JUNTY r' BRA' )S ( ) KNOW ALI MET BY THESE PRESENTS: THAT WE, Stephen Pantlik and Francis Pantlik husband and wife of the County of Brazos in the State aforesaid for and in consideration of the sum of One thousand and Fifty X1050.00 to us paid and secured to be paid by Thomas Holils, Five Hundred Dollars cash and said Thomas Holik's five promissory notes for 5110.00 each due on the 1st December 1897, 1898, 1899, 1900, 1901 with interest from the 1st of December, 1896 at 8% per annum until paid, and payable to Stephen Pontlik or order, have granted, sold and conveyed and by these presents do Grant, ' ' Sell and Convey unto the said Thomas Holik of the County of Brazos and State of Texas all that certain two tracts of land 1st Tract described as follows, to -wit: Being situated in the County of Brazos State of Texas being a part of the J. E. Scott League, Beginning at the N. corner of Stephen Pontliks 55 acre tract in the Burnett League, Thence S. 45 T. at 229 vrs. pass the west corner of Stephen Pontliks 55 acre tract in the Burnett League continue same course and at 392 vrs. corner stake. Thence N. 45 W. 712 vrs. set stake for corner S.E. line of College Survey, Thence N 45 E. 392 vrs. and corner stake with west corner of 87 acre tract of Dobrorobings. Thence S. 45 E. 712 vrs. to the place of beginning consisting of 50 acres land more or less. 2nd Tract, described as follows to -wit: Fifty five acres of land in the Crawford Burnett League in Brazos County, Texas in the 272 acre tract sold by G:. J. Rector and wife to V. L Sheffield by deed recorded in Book K, page 255 records of deeds for Brazos County, .Beginning at a stake at S.E. corner of said 272 acre tract from which a Post Oak 12 inches in dia. brs. 77 W. 15 vrs. Thence N. 45 W. 229 vrs. to the corner of the N.V. line of the 710 acre tract sold by said Rector and wife to same record. Thence 445 E. through the midcle of said 110 acres 1356 vrs. to stake, - thence S. 45 W. 229 vrs. to the beginning, to have and to hold the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto said Thomas Holik his heirs and assigns forever and we do hereby bind ourselves, heirs, executors and administrators to warrant and forever defend all and singular the said premises unto the said Thomas Holik his heirs and assigns against every person whomosever lawfully claiming or to claim the same or any part thereof. But it is expressly agreed c,nd stipulated that the Vendors Lien is retained against the above described property premises and improvements until the above described notes and all interest thereon aro fully paid according to their face and tenor effect and reading when this deed shall becr1e absolute. WITNESS our hands at Bryan, This 21st day of July A. D. 1896. Stephen Panthtk her Fratiske x Pontlik mark 50 Q THE STATE OF TEXAS () C)UNTY ")F BRAZOS () Before me, J. tin. Barron, Clerk of the County Court, in and for Brazos Co., Texas, on this day personally laprearc;d Stephen Pontlik and Frances Pontlik wife of Stephen Pontlik known to rue to be the persons whose names are subscribed to the fore - going instrument and acknowledged to me that they executed the sane for the purposes and consideration therein expressed and the said Frances Pontlik wife of the said Stephen Pontlik, having been examined by me privily and apart from her husband, and having the same by me fully explained to her, she, the said Frances Pontlik acknowledged such instrument to me to be her act and deed, and she declared thot she had willingly signed the same for the purposes and considerntion therein expressed,and that she did not wish to retract it. GIVEN under my hand and seal of office this 21st, day of July, A. D. 1896. J. W. Barron, Clerk County Ct. Brazos Co., Texas. (L.S.) 51 �rrr✓ Sim C. Woiton et ux. () Deed. Dated 11 -21- 1912.. To Filed -1 -27- 1913. () Recorded Vol,. 41, page 150. John Kana. Deed Records - Brazos Co.., Texas. THE STATE OF TEXAS ( ) C )UNTY OF HAMS ( ) KNOW ALL MEN BY THESE PRESENTS: THAT I, Sim C. Woiton, joined by my wife, Amelia Woiton of the County of Brazos State of Te=xas for and in consideration of the sum of Twenty Eight Hundred ($2800.00) Dollars to me paid and secured to be paid by John Kana, as follows: Twenty two hundred ($2200.00) Dollars cash, the receipt of which is hereby acknowledged and three notes executed by said Kana to to me, each for the sum of $200..0Q,dated of this date and due res- pectively on or before November 21st, 1913, 1914, and 1915, said notes bearing interest from dare at the rate of 8% per annum, payable annually, end providing (1) that all past due interest shall bear interest at the rate of 8% per annum, (2) that failure to pay any of said notes or any installment of interest when due, shall at the election of the holder,, mature all said notes at the time of such failure, and, (3) for 10% additional for attorneys fees, in case said notes or any of them are .not paid when due and the same are placed in the hands of attorneys for colledtion or if collected by suit or through the probate court, have Granted, Sold and Conveydd, and by these presents do Grant, Sell and Convey, unto the said John Kana, of the County of Brazos, State of Texas, all that certain tract or paicel of land lying and being situated in theCounty of Brazos, State of Texas, the same being a part of the J. E. Scott league, and teainning 1024 vrs. from the S. W. corner of the John Pantlett 50 acre survey and on the southern boundary line of the said J. E.Scott league, a stake for corner; Thence N. 45 W,, 720 vrs. to the A. & M. College line, a stake for corner; Thence S. 45 W. 705 5/8 vrs. with said boundary line between the A. M M. College surveyand this survey stake for corner: Thence S. 45 E. 720 vrs. to the South line of said J. E, Scott. Surveyor league., a stake for corner: Thence with said boundary line N, 45 E. 705 5/8 vrs. to the place of beginning, and containing 90 acres of land, more or less; being the same land to Mrs. M. E. `annoy by J. ° Fred Cox, by deed of date January 13th, 1887, end recorded in deed records of Brazos County,, Texas, in Volume 3, page 291, and conveyed by her to me by deed dated Nove..1 14, 1905, saving and excepting however from this conveyance, that portion of said above described tract which was conveyed by Mrs. Vannoy to Wm.H. Davidson by dated January llth, 1897, recorded on deed records of Brazos County, Texas., in Vol. 15, page 435, containing 36i acres and thet portion conveyed by her to me H. & T.C.R.R. Co.,, by dated September 22nd, 1896, recorded in deed records of Brazos Co., Texas, in Vol.. 15, page 253, containing one acre, to which said deeds and their records reference is here made for description of the said tracts convyyed as aforesaid by said Mrs. M. E. Vannoy. It is my intention to and I hereby convey to said John Kana the 90 acres of land above described, less the 374 acres above referred to as conveyed to Wm. H. Davidson and H. & T.C.. R.R. Co. making the amount conveyed to the said Kane by this deed 52 3/4 acres of land, more or less. 52 • _ c 0 TO HAVE AND TO HOLD the above described premises, together with all and singular the rights end appurtenances thereto in any- wise belonging, unto the said John Kano., his heirs and assigns forever, and I do hereby bind myself, my heirp, executors and administrators, to WARD:•• ?T AND FOREVER D DEFEND, all and singular, the said premises unto the said John KanE, his heirs and assigns, against every person whomsoever lawfully claiming or or to claim the same or any part the rof. But is ix expressly agreed and stipulated that the Vendor's Lien is retained against the above describdd property, premises and improvements untilithe above described notes, and all interest thereon, are fully paid accord- ing to their face and tenor, effect and reading, when this deed shall bec)me obselute. "'ITNESS our hands at Bryan, Texas, this 21st day of November, A. D 1912. Sit C. Woiton Amelia Woiton. THE STATE OF TEXAS () COUNTY OF BRA7O3 () BEFORE ME W. S. Higgs Clerk County Court in and for Brazos County, Texas on this day personally appeared :aim C. Talton known to me to be the person whose name is subscribed to the foregoing • instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this 21st day of November A. D. 1912. s. Higgs, Clerk, County Court, Brazos County, Texas -By G. J. Nedbalek, Deputy. (seal) THE STATE OF TEXAS COUNTY OF BRA?.OS O Before me, W. 3. Higgs, Clerk County Court in and for Brazos County, Texas, on this day personally appeared Mrs. Amclic Woiton wife @f Sim C. Woiton known to me to be the person whose name: is subscribed to the foregoing instrument, and having been exemT ed by me, privily and apart from her husband, and having the same fully explained to her, she, the said Mrs. Amelia Woiton acknowledged such instrument to be her act and deed, and declared that she had willingly signed the same for the purposes and considerations therein eXpressed,and that shd did not wish to retract it. Given under my hand and seal of office, • . this 21st day of Nov. 1912. W. S. Higgs, Clerk, County Court. Brazos County , Texas, By G. J. Nebalek, Deputy. (seal) 53 11:;) _0 Joseph Hrdlicka. (I• Deed of Trust. Dated 10-5-1911 To () Filed -10 -6 -1911 Recorded Vol. M. page 313. Doremus, Tf. 0 Deed of Trust Records - Brazos Co., Texas THE STATE )F TEXAS ( ) C )UP"TY OF BRAZOS () KN0''' ALL LIEN BY THESE PRESENTS: THAT I, Joseph Hrdlicka of the County of Brazos in theState of Texas, for and in consideration of the sum of Ten & no /100 Dollars, to me, in hand paid by J. ?t;, Doremus of the County of Brazos in the State of Texas, the receipt of which is hereby acknowledged, have Sold., and by these presents do Sell, Transfer, Convey and Confirm unto the said J. W, Doremus and to his successors in this Trust, the following described property, to -wit: All my certain one • third undivided. interest in and to the follwwing describdd land and premises viz: First Tract: A tract of 120 acres of land lying and being situated in Brazos County, Texas, and being the same lend sold to Joseph 1 rdlicka by James and Martha Leonard by deed dated Oct. 26th, 1880, end recorded in Book U, page 599 and 600, Deed Records of Brazos County, Texas , and reference is here made to said deed and its record to aid in the des- cription: SECOND TRACT: 63Z acres in the Thos. Henry Survey Patent No. 478, in Brazos County, TExas, and conveyed by W. R. Baker, to J. Hrdlicka by deed dated July 20th, 1885, aced recorded in the deed records of Brazos County, Texas, in Vol. 2, page 551, and 552, and reference is here made to said deed and its record to aid in this description. Third Tract 20 acres situated in the Crawford Burnett League in Brazos County , Texas, being the same land conveyed by J. H. Suber to J. Hrdlicka by deed dated ' Oct. 16th, 1883, and recorded in Vol. Y, page 645, Deed Records of Brazos County, Texas and reference is here made to said deed and to its record to aid in this description: Fourth Tract: One half undivided interest in and to 50 acres of land out of the Crawford Burnett league in Brazos County, Texas, and being the same land conveyed to J. Hrdlicka and I. Resprim by M ?' :'ilcox all of the above describe tracts conveyed to .dolph Hrdlicka byioagPc by deed dated May 8th, 1893, and recorded in the Deed RE:cords of Brazos County, Texas, in Book 37, page and recorded in the Deed Records of Brazos County, Texas and reference is here made to said deed and its record to aid in this description ciso a trabt of 131 ccres of lend conveyed to A. C. Hrdlicka by J. Fred Cox, and wife by deed dated Sept. 5th, 1890,and recorded in the Deed Records Brazos County, Texas, in Vol. 7, page 621, to which Deed and its record reference is here made to aid in this description. Also a tract of 2 acres conveyed to Amelia Hrdlicka by deed dated June 6th, 1896, and recorded in Vol. 16, page 225, Deed Rccords of Brazos County, Texas, and reference is here made to said deed and its record to aid in the descrirtion said undivided one third interest in all of the above tracts of land having been conveyed to me by deed from S. C. Woiton and wife to Ed Hrdlicka and etal, by deed dated June 8th, 1911, and recorded in the Deed Records of Brazos County, Texas, in Book 36, page 598, and reference is here ma.e to said deed and its records for title and description. Together with all and singular the rights,members, hereditaments and aprurtenances to the same in any manner belonging or apper- taining. TO HAVE AND TO HOLD, all and singular, the property above described unto the said j. W. D2xemi or his substitute, forever. • And I do by these presents bind Se .. my heirs, executors and administrators, to WARRANT AND FOREVER DEFEND all and singular, the said property unto the said J. W. Doremus, or his substitute • herein, against the claim or claims of any and all persons whomsoever, claiming or to claim the same of any part thereof. 54 THIS GGNVEYANCE, HTEVER, IS INTENDED AS A TRUST, fbr the better securing of Mrs. V. V. Preston wife of T. J. Preston ff the County of Brazos and State aforesaid, in the payment of two certain. promissory notes of which the following; is a substantial copy: Each note for the sum of 1600.00 (Six Hundred Dollars same of even date herewith. and payable to the order of 7. V. Preston on or before October 5th, 1912, and October 5th, 1913, respectively with interest from dote at the rate of Ten per cent per annum, said notes provide that are part due interest shall bear interest at the rate of Ten per cent per annum, said notes further provide that et the election of the holder the failure to pay the First note when due or any installment of interest• en either of said notes shall et the option of the holder nature all of same, said notes ;_rovide thet both principal and interest are payable in Bryan, Texas further that interest payable annually as it accrues said notes further provide that in case same are placed in the hands of on attorney fir collection by suit then 1, agree to pay ten per cent odditioncl as attorneys fees. A Deed of Trust, lien is retained in seid notes. Usual form of D, of T, Omitted - WITNESS my hand this 5th day of October, A. D. 1911 Joseph iirdl ickn. THE STATE OF TEXLS ( ) COUNTY OF BRAZOS () BE ORE ME, F. L. Henderson, a Notary Public in alad for Brazos County, Texas, on this day personally appeared Joseph hrdlickc known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged tc me that he executed the same for the purposes and consideration .therein expressed. Given under my hand and seffi1 of office, this 5th day of ` Ai. D. 1 911, F. L. Henderson, Notary Public, in and for Brazos County, Texas. (seal) 55 A (We Joseph B. Hrdlicka. () Deed. Dated 10/14/1913. To () Filed 10/16/1913. Recorded Vol. 42, page 652. Ed Hrdlicka. () Deed Records - Brazos Co., Texas THE STATE OF TEXAS () COUNTY OF BRAZOS ( ) KNOW ALL MEN BY THESE PRESENTS: that I, Joseph B. Hrdlicka of the County of Hardin State of Texas, for and in consideration of the sum of Eighteen Hundred ($1,800.00) Dollars, to me paid and assumed to be paid by Ed Hrdlicka as follows: Six Hundred Dollars cash in hand paid the receipt of which is here- by ac'_cnowledged and the further consideration of the assumption by and the agreement of the said Ed Hrdlicka to pay two certain deed of trust notes same dated October the 5th, 1911, and each for the sam of Six Hundred Dollars ($600.00) and payable to order of Mrs. V. V. Pres':on at Bryan,Texas, en October the 15th, and October the 5th, 1C33. Said notes bearing interest at the rate of ten per cent poi- annum until paid. Providing for attorney's fees. The interest on said notes being raid to this date, and said Ed Hrdlicka assuming said indebtedness as Twelve Hundred Dollars. Said notes being secured by a deed of trust executed by me to J. W, Doremus for the benefit of Mrs. V. V. Preston same dated October the 5th, 1911, and recorded in the mortgage records in the mortgage records of Brazos County, Texas, in book M, page 313, reference is here made to said instrument and its record for full description of the notes herein assumed by Ed. Hrdlicka, have GRANTED SOLI) AND CONVEYED, and by these presents do GRANT SST, ND CONVEY Unto the said Ed Hrdlicka of the County of Brazos State of Texas, those all my certain undivided 1/3 interest in and to the following described lands and premises, First Tract:- 120 acres lying and being situated in Brazos County, Texas, and more particularly described as follows: and being the same land conveyed to Joseph H ralicka by James and Martha J. Leonard October 26th, 1880, as evidenced by deed recorded in Vol. "U" page 599 and 600 Records of Deed of Brazos County, Texas. Second tract: Sixty -three and one half (63 -1/2) acres situated in Brazos County, Texas, and granted to Thos. Henry as part of his 1/3 league handright by Patent No. 478,and being the same conveyed to Joseph Hrdlicka by W. R. Baker July 20th, 1885, as evidenced by deed recorded in Vol.2, pages 551 and 552 Records of Deed of Brazos County, Texas, Third Tract: Twenty acres, situated in Brazos County, Texas in the Crawford Burnett league and being the same conveyed to Joseph Hrdlicka by J. H. and Lila H. Zuber, October 16th, 1883 as evidenced by deed recorded in Vol. "Y" pages 65, records of deeds of Brazos County, Texas. Fourth tract: One half undivided interest in and to fifty (50) acres more or less, situated in Brazos County, Texas, being part of the Crawford Burnett league, and being the same land conveyed to Murdock M. Wilcox, by J. W. Coulter, Trustee as evidenced by deed recorded. in Vol._ "" pages 148 and 149, in Records of Deeds Brazos County, Texas, and conveyed by M. M. Wilcox to Joseph Hrdlicka and Ignatz"Ropprim. All of this land conveyed to Adolph Hrdlicka and wife by deed dated May 8th, 1893, recorded to which deed reference is here made for a more particular description of said &and. Also a tract of land consisting of 131 -1/3 acres of land more or less conveyed to A. C. Hrdlicka by J. Fred Cox and his wife by deed dated the 5th day of September 1890, and recorded in VOL. 7 page 621, Deed Records of Brazos County, Texas., to which deed and its record reference is here made for a more particular description of said land. Also one tract of 63 acres conveyed to Joseph 56 U p (OW Hrdlicka by W. R. Baker by deed dated July 20th, 1385, and recorded in Vol.2. page 551, Deed Records Brazos County, Texas, which deed and its records reference is here made for a more par- ticular description. Also a tract of 24 acres and a fraction conveyed to Amelia Hrdlicka, by Joseph Hrdlicka by deed dated June 5th, 1896 and recorded in Vol. 16, page 225, Deed Records of Brazos County, Texas, to which deed and its record reference is here made for a more particular description. Also. a tract of 20 acres of land conveyed to Joseph Hrdlicka by J. H. Suber Jr. and Lila H. Suber by deed dated October 16th, 1883 to which deed and its record reference is hereto made for a more particular description to said land. Said undivided 1/3 interest in and to all the :above described tract of land having been conveyed to me by deed from S. C. Woiton and Emilia Woiton in the from them to Ed, Joseph and Francis Hrdlicka, same dated June the 8th, 1911, and recorded in the Deed Records of Brazos County, Texas. Vol. 36, page 598 and reference is here made to said deed to aid in the description of said land and I herein convey all right title and interest that was conveyed to me in said deed to the said Ed. Hrdlicka TO Hr.VE AND TO HOLD the above described premises, together with all and singular the said rights and appurtenances thereto in anywise belonging unto the said Ed. Hrdlicka his heirs and assigns forever, and I do hereby bind myself my heirs, executors and administrators to WARRANT AND F)REVER DEF fl , all and singular the said premises unto the said Ed. Hrdlicka his heirs and a:;signs, against every person whomsoever lawfully claiming or to claim the same or any part thereof. But is is expressly agreed and stipulated that the Vendors Lien is retained against the above described property, premises, and improvement, until the above described notes and all interest thereon are fully paid according to their face and tenor effect and reading when this deed she 11 become absolute. Witness my hand at this day of October A. D. 1913. Joseph B. Hrdlicka. THE STATE OF TEXAS ( ) COUNTY OF BRAZOS O Before me, the undersigned Notary Public in and for Hardin County, Texas, on this day personally appeared Joseph Hrdlicka known to me tb be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal 6f office this 14th day of Oct. A. D. 1913. (seal) John L Seibert Notary Public in and for Hardin County, Texas. 57 (isre T. J. Preston X Transfer. Dated 10 -23 -16 To X Filed- 11 -6 -16. ,Recorded Vol. 45, page 222. First State wank. 1 Deed Records - Brazos Co., Texas. The State of Texas I County of Freestone Z Whereas by Deed of Trust dated October 5th, 1911 and recorded in the Real Estate Mortgages Records of Brazos County, Texas, in Volume M, page 313 Joseph Hrdlicka of Brazos County, Texas, conveyed to J. W. Doremus as Trustee, aria undivided One -third (1/3) interest in certain lands situated in Brazos County, Texas and specified in said Deed of Trust said interest in said lands being so conveyed in trust to secure Mrs. V. V. Preston, wife of T. J. Preston of Brazos County, Texas in the payment of two (2) certain promissory notes of even date and with said deed of trust, and executed by said Joseph Hrdlicka said notes being for the sum of Six Hundred Dollars (3600.00) each and payable to said Mrs. V. V. Preston, wife of T. J. Preston, or order, on or before October 5th, 1912, and October 5th, 1913, respectively and whereas afterwards by deed dated the day of October, 1913, and reebrded_in the Deed Records of Brazos County, Texas, in Vol. 42, pago 652, said Joseph Hrdlicka Conveyed to Ed Hrdlicka of Brazos County, • Texas, an undivided One -Third (1/3) interest in cortain lands specified in said dood; and whoroas in said dood tho said Ed Hrdlicka as part, of the consideration therefor, assumed the payment of the said two (2) notes above mentioned -and a vendor's Lion was retained in said deed to securo payment of said notes rofcronco being here made to said deed and dood of trust and their said rocords for further description of said lands and notes; and whereas since tho oxocution and delivery of said notes and dead of trusdt,tho said Mrs. V. V. Preston died, leaving a will which has boon duly probated in the County Court of Freestone County, Texas, whore sho rosides at tho time of her death; and whor °as said T. J. Proston, the surviving husband of said Mrs. V. V. Proston is the sole boneficiary under said will and, by virtue of same, bocamo the sole and legal ownor of both of said notes above mention° ; and whereas thc said Ed Hrdlicka has Pa id to said T. J. Preston tho first of said notes, to -wit: said note for the sum of SixHundrod Dollars (2;600.00) payable on or before October 5th, 1912; - Now therefore I, the said T. J. Preston formerly Of Brazos County, Texas, but now of Freestone County, Texas, being tho legal ownor and holder of said note at tho timo of its said payment, do hereby acknowledge tho full and final payment of said noto so paid to mo, as aforesaid, and do hereby roloace said lands from both bf said lions above mentioned so far as they or oithor of them apply to said note so paid to me, but no further, it being specially understood and stipulated that this is but a partial roloaso and applios only to said noto so paid to me as aforesaid, and that said deod of trust and the lien thereby created, and said Vondor's lien shall be and remain in full forco and affect as to and on all tho lands embraced in same (oxcopt thc 67 acro tract hcrotoforo roloascd by mo by Release dated Oct. 14th,1915, and recorded in the Roloaso Records of Brazos County, Toxas,in Vol.6, pago 319, until tho other ono of said Notes, to -wit: said Note for tho said sum of Six Hundrod Dollars (3600.00), payable on or bo- foro Octobor 5th, 1913, (and which is still unpaid) shall be fully paid, togetho r with all intcrost theroon, according to the tenor and offoct of said noto, and, know all mon by thoso prosonts, that I, the said T. J. Proston, being tho legal ownor and holder of • said last mentioned note, to -wit: said note for tho sum of Six Hundrod Dollars payablc on or boforo Oct. 5th, 1913, for full value received, have this day ondorsod, transforrod and assignod and by these prosonts do hereby endorse, transfor and assign said 58 v 1 noto, and said lions soeuring same, to the First State Bank & Trust Company,, of Bryan, A corporation of Brazos County, Texas, without rocourso on mo, and for said consideration I also trans- fer assign and convoy unto tho said First State Bank & Trust Company,of Bryan, the said dood of trust and the lion thereby croatod, and said Vondorfs lien, and all other socurities of any and ovary kind ownod or held by mo as security for tho pay- ment of said note; and I also haroby assign and convoy to said First State Bank & Trust Company, of Bryan, all tho right, title, claim and intorost of any and every kind which I may havo or own, or in anywise bo entitled to, in and to said lands and every part thoroof, by virturo of said deed of trust and dood and said notes; - To Have and To Hold tho same unto the said First State Bank & Trust Company, of Bryan, its successors and assigns forever.. Witness my hand at Toaguo Toxas, this 23rd day of October,1916. T. J. Preston. THE STATE OF TEXAS Z COUNTY OF FREESTONE 1 Before me, C. E. Grayson, a Notary Public in and for said County and State, on this day personally appearod T. J. Proston, known to me to bo tho person whoso name is sub- scribed to tho foregoing instrumont, and ho acknowlodgod to nc that ho oxocutod tho same for tho purposos and considerations therein expressed Givon undor my hand and seal of offico at Teague, Texas, this 23rd day of Octobor, A.D. 1916. (seal) C. E. Grayson, Notary Public in and for Froostono Co., Toxas. 59 C . 9 Ed Hrdlicka. (1) Extention Dated 10 -30. 19.16. Tr:!ith () Filed -11 -6 -1916. • Recorded Vol. 45, page 220. First State rank. () Deed Records - Brazos Co., Texas The State of Texas () County of Brazos 02 Whereas by Deed of Trust : ated October 5th, 1911, and recorded in the Real Estate MortgageRecords of Brazos Co., Texas in Vol,. M, page 313, Joseph Hrdlicka conveyed to J. V. Loremus at Trustee, an undivided one -third (1/3) interest in certain lands specified in said Deed of Trust , to secure Mrs. V. V. Preston in the rayment of Two (2) certain promissory notes, of even date with said "deed of tru ,- said Notes being fer the sum of Six Hundred Dollars ($600.00) each and payable to said Mrs. V. V. Preston or order on or • before Oct. 5th, 1912, and Oct. 5th, 1913, respectively; and whereas afterward, by deed dated day of OCTOBER, 1913, and recorded in the Deed records of Brazos County, Texas, .in Vol. 42, page 652, said Joseph hrdlicka conveyed to Ed Hrdlicka an undivided one -third (1/3) interest in certain lands specified in said deed, and as part of the consideration for said deed, the said Ed. Hrdlicka assumed the payment of the said two (2) notes above mentioned,. - reference being here made to said deed of trust and deed and their records for further description of said lands and notes; and whereas afterwards the first of saidnotes, to -wit: said note payable on or before October 5th, 1911 was duly paid, and whereas since the execution of said notes the said Mrs. V. V. Preston has died leaving a last • will and testament which has been duly probated in Freestone County, Texas, by the terms of which will T. J. Preston, the surviving husband of said Y:H rs. V. V. Preston, became the sole beneficiary unders said will and legal owner and holder of said notes; and whereas afterwards the last of said notes, to- wit: -said note for x;600,00, payable on or before Oct. 5th, 1913, was, for value received, duly endorsed transferred and assigned by said T. J. Preston to First State Eank &Trust Company, of Bryan, a Corporation which is now the legal owner and holder of said note, raid whereas there is now due owing on said note the sum of Six Hundred Dollars (600 with interest thereon from October, 5th, 1916, at the rate of ten per cent (10%) per annnri,which said indebtedness I, the said Ed ELrdlicka hereby acknowledged to be just and due and unpaid; and whereas the said Ed rrdlicka has requested an extension of time for the payment of said note:- Now therefore we, the said Ed. Hrdlicka, and the said First State Bank & Trust Company, of Bryan, being the parties at interest, have for mutual benefit agreed and hereby de agree to extend the time of payment of said note as to make same mature on or before October 5th, 1918, the interest on same to be payable annually as it accrues; and I the said Ed Hrdlicka do hereby agree and promise to pay said note, together with the interest thereon payable annually as it accrues, to said First State Bank & Trust Co., of Bryan, or order on or before said October 5th, 1918, and said First Bank & Trust Company, of Bryan, acting by and through its President,Ed Hall does hereby agree to such extension of time of payment of said note, - it being specially understood and agreed that this contract of extension shall in no wise affect or impair any of the securities now existing to secure the payment of said note, but that all such securities shall be and remain in full force and effect to secure the payment of said note until said note, 60 ' %110 ' 0 1) • and all interest thereon shall be fully paid according to its face and tenor, and it further agreed that all the terms and provisions of said note as originally written therein shall be and remain in full force and effect and that ; acne of same shall be nffected or impair by this instrument, except that the time of paymmtn of said note is hereby extended to on or before said October 5th, 1918, as hereinbefore sepecified. Witness the signature of said Ed Hrdlicka and the signature and seal of said First State Bank & Trust Company of Bryan, acting by and through its President Ed. Hall et Bryan,Texas, this -30th day of October A. D. 1916. Ed Hrdlicka. First State Bank &Trust Co. of Bryan By Ed Hall, President, THE SThtTE OF TF.M.S () C'UNTY OF BRJ,ZOS ( ) Before me, Robert Armstrong, a Notary Public in and for Brazos County, Texas, on this day personally appeared Ed. Hrdlicka, known to me to be the person whose name is suscribed to the foregoing instrument and he acknowledged to me teat he executed the same for the purposes and considera- tion therein expressed; and on this same day also before me personally appeared Ed. Hall as President of the First State Bank & Trust Company of Bryan known to me to be the person whose name is subscribed to the foregoing instrument and he acknow- ledged to me that he executed the same for the purposes and considerations therein expressed, and in his capacity therein stated, and as the act and deed of said First State Bank & Trust Company of Bryan. Given under my hand and seal of office at Bryan,Texas, this the 2nd day of November, A. D 1916, (seal) Robert Armstrong Notary Public in and for Brazos County, Texas • 61 c f U ' 111 (110; First State Bank and Trust Co. (6 Release of Bryan Dated July 9th, 1919 () Filed July 10th, 1919 To Recorded in Volume 8 page 256 () Release Records Brazos County, Ed Hrdlicka Texas The State of Texas () County of Brazos () Whereas by Deed of T dated October 5th 1911 and recorded in the County Clerks Office in Brazos County, Texas, in Book M page 313 Joseph Hrdlicka conveyed to J. W. Doremus, Trustee for Mrs. V. V. Preston an undivided one-third interest in certain lands in Brazos County, Texas, and specified in said Deed of Trust, to which reference is hereby made retaining therein a lien securing the payment of Two (2) certain promissory notes of even date with said Deed of Trust, said notes being for the sum of Six Hundred ($600. 00) Dollars each and payable on or before October 5th, 1912 and October 5th, 1913, respectively. And Whereas afterwards by deed dated - - -- day of October 1913 and recorded in the Deed Records of Brazos County, Texas, in Vol. 42 page 652, Joseph Hrdlicka conveyed to Ed Hrdlicka the above described land and in said Deed Ed Hrdlicka assumdd the payment of said Two (2) notes and a vendors lien was retained in said Deed to secure the payment of said notes above mentioned. And whereas after- wards the said Ed Hrdlicka paid Note No. One (1) for the sum of Six Hundred ($6CO.O0) Dollars to T. J. Preston surviving husband and sole beneficiary of Mrs. V. V. Preston, Deceased, and whereas by written transfer recorded in Vol. 45 page 222 Deed Records of Brazos County, Texas, T. J. Freston conveyed remaining Note No. Two (2) for the sum of Six Hundred Dollars to The First State Bank and Trust Co., of Bryan,Texas. And Whereas the said Ed Hrdlicka has paid the said Note No. Two (2) in full satisfaction of said. incumbrance; Now, therefore The First State Bank and Trust Co..acting by and through its president Ed Hall, being the legal holder and owner of the above described note at the time of its payment, do hereby. release the above described property from the vendors line aforesaid and declare the same extinguished. Witness the signature and seal of The First State Bank and Trust Co., at Bryan, Texas, this 9th day of July 1919. (SEAL) First State Bank and Trust Co., of Bryan By Ed Hall, President. The State of Texas () County of Brazos O Before me, the undersigned authority, on this day personally appeared Ed Hall, President of the First State Bank and Trust Co., of Bryan, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed and as the act and deed of said Bank. Given ender my hand and seal of office this 9th day of July 1919. (SELL) Geo. A. Adams, Notary Public, Brazos County, Texas 62 .1.1) Edward V. Hrdlicka et ux () Deed. Dated 1-29-21 To () Filed 3 -29 -21 Recorded Vol.. 54, page 489. W. T. Davis. et ux. () Deed Records - Brazos Co., Texas. THE STATE .)F TEXAS () COUNTY or BRAZOS O Know All Men by These Presents: That I, Edward V. Hrdlicka, joined herein by my wife, Birdie Beatrice Hrdlicka, of the County of Brazos State of Texas for and in consideration of the sum of Five Hundred and Seventy One ($571,00) Dollars to us paid and secure to be paid by W. T. Davis and wife Mary E. Davis as follows: Fifty One ($51.00) Dollars cash in hand paid the receipt of which is hereby acknowledged and confessed, and Five Hundred and Twenty Dollars evidended by Thirteen (13) promissory notes of even date herewith for the sum of Fcrty (40.00) Dollars each, executed by the said W. T. Davis, due on or befor the 1st. day of March, A. D. 1921, and on the first day of each mont* thereafter until thirteen months have elapsed, each respectively, and payable to the order of Edward V. Hrdlicka, at Bryan, Texas, bearing eight per cent annum from maturity until paid, interest due and payable annually, and providing for ten per cent additional on the amount of principal and interest then due as attorneys fees if placed in the hands of an attorney for collection, or in case suit is brought on same,. and failure to pay said notes or either of them or any installment of interest when due, shall at the option of he holder mature all of said notes, have Granted, Sold and Conveyed and by these presents do Grant, Sell and Convey, unto the said W. T. Davis and wife Mary E. Davis of the County of Brazos State of Texas all that certain tract or parcel of land lying and being situated in the James E. Scott league in Brazos County, Texas, and being a part of a 202 3/4 acre tract of land conveyed to me by Mrs. Francis Schwartz and husband Charles W. Schwartz by deed dated July 21st, A. D. 1919,,and recorded in Volume 49, page 11 of the deed records of Brazos County,_Texas, and being more parti- cularly described by metes and bounds as follows, beginning at the North corner of "Hrdlick's Southside Subdivision, Adjoining A. & M. College a map of which is recorded in Vol..38,page 562 of the Deed Records of Brazos County, Texas, THENCE N. 45 W. 5 varas and corner; THENCE N. 45 E. 97 varas and corner; THENCE S. 42* E. 364 varas and set a stake for corner; THENCE, S. 38 3/4 W. 80 vrs. and set a stake for corner; THENCE N 45 W. 368 varas to the place of beginning containing Five and 71/100 acres of land. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said W. T. Davis and wife Mary E.Davis their heirs and assigns forever, and we do hereby bind ourselves and our heirs, executors and administrators, to Warrant and Forever Defend, all and singular the said premises unto the said W. T. Davis and wife Mary E.Davis their heirs and assigns, against, every person whomsoever lawfully claiming or to claim the same or any part thereof. But is expressly agreed and stipulated that the Vendors Lien is retained against the above described property, . premises and improvements until the above described notes and all interest thereon, are fully paid according to their face and tenor, effect and reading,, when this deed -shall become absolute. Witness our hand at Bryan, Texas, this 29th day of Jan. A. D. 1921.. Edward V. Hrdlicka. Birdie Beatrice Hrdlicka. One Dollar Revenue Stamp affixed and duly cancelled. 63 a • THE STATE TEXAS ( ) CJUNIY OF BRAZ)S () Before me Lamar Bethea a Notary Public in and for Brazos County Texas, on this day personally appeared Edward V. Hrdlicka known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considera— tion therein expressed. Given under my hand and seal of office this 29th day of fan A. D. 1921. • tamzr Bethea, Notary Public, Brazos County,Texas. (SE4 -.L) ITT STATE OF TE1 .S ( ) COUNTY OF 1 RA7O3 () Before me, Lamar Bethea, a Notary Public in and for Brr^.zos County, Texas, on this day personally appeared Birdie Beatrice Hrdlicka wife of Edward V. Hrdlicka known to me to be the pers m whose name is subscribed to the foregoing instrument, and having been examined by mc, privily and apart frcm her husband, and having the same fully explained to her, she the said Birdie Beatrice Hrdlicka acknowledged such instrument to be her act and deed, and de..lared that she had willingly signed the same for the purposes and consideration therein expressed and that she did not wish to retract it. Given under my hand and seal of office this 29th day of Jan. A. D. 1921. (SDI) Lamar Bethea, Notary Public, BrazosCo., Texas. 64 G Edward V. Hrdlicka of ux. I Deed. Dated 7 -5 -21. To ) Filod 8 -1 -21 Recorded in Vol. 56, page 607. Southsido Dovelopment Co. 1 Dood Rocords - Brazos Co., Toxas. THE STATE OF TEXAS 1 COUNTY OF BRAZOS Z KNOW ALL MEN BY THESE PRESENTS: That we, Edward V. Hrdlicka add wifo Bier dio Beatrice Hrdlicka, of tho County of Brazos, State of Toxas, for and in considoration of the sum of Four Thousand and two hundred and forty -six 87/100 Dollars to us paid, and secured to be paid by The Southsido Development Com- pany, as follows, to -wit: The Hundred Dollars 300.00) to us cash in hand paid tho roccipt of which is horoby acknowledged, and the further considcration of tho execution and delivery by tho said Company of it's Ninotoon (19) certain promissory notes of oven data horowith, all payablo to Edward V. Hrdlicka or ordor, at Bryan, Toxas as follows, to -wit: For tho sum of Two Hundred and Seven and 73/100 Dollars ($207.73) ouch, duo on or beforo 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18, and 19 months after date rospoctivoly; and all of said notos boar - ing interost at tho rate of oight (8) por coat por annum from ma- turity until paid, paycblo ninually; and all of said notos provid- ing that all past duo int. shall boar interost from maturity tharo- of until paid; and all of said notes furthor providing for ton (10 por cent attorney's fool in the event said notes are placed in the hands of on attorney for collection, or if collected by suit or through the Probate Court; have Granted, Sold and Conveyed and by these presents do Graftt, Sell and Convey, unto tho said southsido Development Company (not yet incorporated) of the County of Brazos, State of Texas, all that certain tract or parcel of land lying and being situated in the Joseph E. Scott league in the County of Brazos, State of Texas, aid boing a part of a 202 and 3/4 acre tract of land conveyed to me, Edward V. Hrdlicka, by Mrs. Fri ces Schwartz and husband Charles W. Schwartz by deed dated July 21st, 1919, and recorded in Book 49, pago 11, of the deed records of Brazos County, Toxas, and boing more particularly described by metes arnd bounds as follows, to -wit: Beginning at the North corner of said 202 and 3/4 acre tract; Thonco South 45 East 573 23/100 varas and sot a stake in the North east lino of said 202 and 3/4 acre tract for corner of this tract; Thonco South 45 West 648 4/10 varas and cor- ner a stake set in ore of tho southwest linos of said 202 and 3/4 acro tract; Thence North 45 West along said Southwest line 570 4/10 varas and corner a rock in the con tor of tho lane botwoen this land and tho A. & M. Colloge land, which said corner is . the West corner of said 202 and 3/4 acre tract; Thonco North 44 and 3/4 East along the center of said lane 648 and 4/10 varas to the placo of beginning containing sixty six (66) acres of lard, moro or less; Saving and Excepting, homvor, from this conveyance the following described tracts of land which aro included within tho abovo motes and bounds, viz: First: 5 and 71/100 acres of land herotofo ro con- veyed by us to W.T. Davis and wifo Iviary E. Davis by dood dated Jan- uary 29th, 1921, and recorded in Book 54, pago 489, of the dood records of Brazos County, Toxas, to which rofcronco is horoby Elide for furthor doscription of said land. Socond: 5775 square varas of land hcrctoforo convoyod by us John and Lillie Wallaco dood dated Juary 8th 1921, and recorded in Book 54, pago 221, of tho dood records of Brazos County, Toxas, to which said dood reforcnco is horoby mado for Toro particular doscription of said land. Third: Lots Numbers Ono (1), Two (2), Throe (3), Four (4) and Fivo (5) in Block Number Ono (1) , and Lots Numbers Four (4) and Fivo (5) in Block Numbor Two (2) in Hrdlick's Southsido Addition, adjoining A. & M. Collogo, according to the map of said Addition, recorded in tho dood records of Brazos County, to which roforonco is hereby made for moro particular doscription of said lots. And also ro- sorving and oxcopting firm this convoyanco all crops now growing on said land, 65 c TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtonices thereto in anywise belonging unto said Southsido Development Company, it 's successors and assigns forever; and wo do hereby bind ourselves, our heirs, executors d administrators, to Warrant and Forever Defend, all and singular the said prmises unto the said Southsido Develop- ment Company, it's successors and assigns, against every parson whomsoever lawfully claiming or to claim the same, or any part thereof. But it is expressly agreed and stipulated that the Vendor's Lien is retained against the above described property, premises and impzovcments, until the above described notes and all interest thereon, are fully paid according to their face and tenor, effect and reading, when this deed shall become absolute. Witness our hamds at Bryan, Texas, this 5th day of 31)1y, A. D. 1921. Birdie Bea_ trice Hrdlicka Edward V. Hrdlicka. Four Dolls rs Revenue Stamps duly affixed and cancelled. THE STATE OF T?MAS X COUNTY OF BRAZOS 1 Before me, H. A. Widdecke, a Notary Public in and for Brazos County, Texas, on this day personally appeared Edward V. Hrdlicka known to me to bo the person whose no is sub- scribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this 7th day of July, A. D. 1921. H. A. S`1i dde cke , Notary Public BRazos County, Texas. ( SEAL) THE STATE OF TEAS 1 COUNTY OF BRAZOS 1 Before me, H. A. Widdeckc a Notary Public in and for Brazos County, Texas on this day personally appeared Birdie Beatrice Hrdlicka, wsife of Edward V. Hrdlicka known to me to be the person whose name is subscribed to the foregoing instru- ment, and having been examined by me privily and apart from hor hus- band, and having the sac e fullyexplainod to her she, the said Birdie Beatrice Hrdlicka acknowledged such instrument to be her act and dood and declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. Given under my hand and coal of office, this 7th day of July, A. D. 1921. H. A. Widdecke, Notary Public Brazos County, Texas (SEAL) 66 a e W. T. Davis et ux. X Deed. Datod- 7 -6 -21. To Z Filud- 8E31 -21. • Rocorded Vol. 56, pago 609. Southsido Devolopmont Co. Z rood Rocords- Brazos Co., Texas. THE STATE OF TEXAS ( COUNTY OF BRAZOS 1 KNOT ALL MEN BY THESE PRESENTS That, We, W. T. Davis and wife Mary E. Davis, of tho County of Brazos, Stato of Texas, for and in consial'oration of the sum of Six hundrod and soventy one (0671.00) Dollars to us paid and socurod to be paid by tho Southsi de Dovelopmont Company as follows: -Throe Hundred and Fifty one (0351.00) Dollars to us in hand paid, the receipt of which is horoby ecknow- lodged and the furthor consideration of the assumption of the pay- ment of a bal anco of throe hundred and twenty dollars (0320.00) still remaining unpaid on 13 notes oxecutod by us to Edward V. Hrd- licka in part payment for the horeinaftor described property, to- gether with all interest thereon, and for more particular description of said notes roferonco is horoby mado to the deed to us from said Hrdlicka and wife recorded in Book 54, Ix:go 489, of the deed records of Brazos County, Texas; have Granted, Sold and Conveyed, and by thoso prosonts do Grant, Sell and C unto tho said Southsido Dovolopment Company (not yot incorporated) of tho Co. of Brazos, Stato of Toxas, all that certain tract or parcel of land lying aad being situato in tho Josoph E. Scott loaguo in the County of Brazos, State of Texas, and boing more particularly describod as follows, to -wit: Being Five and sovonty -ono hundredths (5.71) acres of land, moro or loos, convoyod to us, W. T. and Mary E. Davis, Edward . V. Hrdlicka and t7i.fo, by dood datod January 29th, 1921, and recorded in Book 54, pago 489, of tho dood records of Brazos County, Texas, to which said decd roferonco is horoby mado for moro particular description of tho land horoby convoyod. TO HAVE AND '10 HOLD tho abovo doscribod promisos, togothor with all and singular the rights and appurtonancos thoroto in anywise belong- ing, unto the said Southsido Development Company, it's successors and assigns forovor and wo do horoby bind oursolvos, our hoirs, oxocutors cmd administrators, to Warrant and Forever Defond, all and singular the said promisos unto tho said Southsido Dovelopmo nt Company, it's successors and assigns, against ovary person whomso- over lawfully claiming or to claim the sand or any part thereof. But it is expressly agreed a5 d stipulated that the Vendor's Lion is rotainod against tho abovo doscribod property, premises and improvements, until tho above described notes and all intorest thereon, aro fully paid according to their face and tailor, effect and reading when this dood shall become absolute. Witness our hands at Colloge Station, Texas, this 6th day of July, A. D. 1921. W. T. Davis. Ono Dollar Revenue Stamps Mary E. Davis Duly affixed and cancelled. Witness D. Scoates THE STATE OF TEXIIS 1 COUNTY OF BRAZOS 1 Beforo nc., H. A. Widdocko, a Notary Public, in and for Brazos County, Texas on this day personally appeared W. T. Davis known to mo to bo the person rhoso name is subscribed to the foregoing instrument, and acknowledged to me that he exe- cuted the same for the purposes and consideration thoroin expressed. Given under my bald and soal of office this 6th day of July, A.D. 1921. H. A, Widdecke, Notary Public Brazos County, Texas (SEAL) 67 F. B Clark et al. () Plan of Southside Addition. Dat e To () Filed 12- 30 -21. • Recorded Vol. 38, page 575. The Public () Deed Records - Brazos Co., Texas. PLAN OF SOUTHSIDE ADrIT'ION Explanatory Note: Deed Record on file in Brazos County Records of Deeds • of Book 56., Page 6A7 NOTATION on plan as follows: PERMANENT CORNERS o BOUNDARY OF .SURVEY - - - - -- - - -- Scale 1" -100 Plan and Survey of 1,ddit:•1, by Harry Hoag. November 1921. Name officially changed to College Park. SATE OF TEXAS ( ) COUNTY OF BRAZOS() • WE, F. B. Clark, Chairmen of the Board of Directors of the Southside Development Company and C. W. Burchard, Secretary, and Treasurer of the Southside Development Company, do hereby declare this blue print or map to be a true and correct map or plat of College Park, adjoining the agricultural College of Texas, College Station, Brazos Co., Texas. This land was deeded to the South side Development Co. by Edward V. Hrdlicka and wife, by deed dated July 5th, 1921, and recorded in the deed records of Brazos County, Texas, Volume 56, page 607 on August 1st, 1921, and by W. T. Davis and wife by deed dated July 6th, 1921, and recorded in the deed records of Brazos County, Texas, in VoD. 56 page 609, on August 1st, 1921, The Southside Development Company was incorporated under the Laws of the State of Texas inkueust 1921. F.B. Clark, Chairman, Board of Directors, Southside Development Company. C. W, Burchard, Secretary and Treasurer, Southside Development Company. THE STATE OF TEXAS ( ) COUNTY OI BR .Z)S ( ) BEF"iRE ME, H. A. Widdecke, a Notary Public in and for Brazos County,gexas, this day personally appeared F. B. Clerk and C. W. Burchard, known to me to be the persons whose names are subscribed to the above instrument, and acknowledged to me that they had executed the same for the purposes therein expressed. • H. A. Widdecke, Notary Public, Brazos County, Texas. (SEiJ4 69 L e' ''011) TO HAVE AND T.) HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said The Southside Development Company and assigns forever; and we do hereby bind ourselves and our heirs, executors and administrators to Warrant and Forever Defend, all and singular the said premises unto the said The Southside Devlopmnnt Company and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. But it is expressly agreed and stipulated that the Vendor's Lien is retained against the above described property, premises and improvements, until the above described notes, and all interest thereon are fully paid according to their face and tenor. effect and reading, when this deed shall become absolute. WITNESS our hands at Bryan,Brazos County,Texas, this 10th day of April, A. D. 1923. Edward V. Hrdlicka. Birdie Beatrice hrdlicka. 62.50 Revenue Stamps duly affixed and cancelled.. THE STATE OF TEXAS () C)UNTY OF BRAZOS () BEFORE ME, Lamar Bethea, a Notary Public in and for Brazos County, Texas, on this day personally appeared Edward V. Hrdlicka known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considera— tion therein expressed. Given under my hand and seal of office, This 10t17 day of April A. D. 1923. Lamar Bethea, Notary Public, Brazos County,Texas (SEAL) • THE STATE OF TEXAS () COUNTY OF BRAZOS ( ) BEFORE ME, Lamar Bethea, a Notary Public in and for Brazos County,Texas, on this day personally appeared Biridie Beatrice Hrdlicka, wife of Edward V.HFdlicka known to me to be the person whose name is subscribed to the foregoing instrument, and having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said Birdie Beatrice Hrdlicka acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did #ot wish to retract it. Given under my hand and seal of office, this 10th day of April, A. D. 1923. (SEAL) Lamar Bethea, Notary Public, Brazos County, Texas 71 6 1 I 1 Edward V. Hrdlicka Z Roloaeo. Dated- 1- 28 -22. To X Filed 1- 28 -22. Recorded Vol.9, gage 114. Southside Development Co. X Release Records- Brazos County,. Texas. THE ST_ TE OF TEAS 1 COUNTY OF BRAZOS I WHEREAS I, Edward V. Hrdlicka, and rife Birdie Beatrice Hrdlicka of the County of Brazos State of Toxas, did on the fifth day of ruly, A.D. 1921, by deed of that date duly recordod in the Records di' Deeds in Clerk's Office, Brazos County, volume 56, page 607, Grant, Sell and 'Convey to the Southside Development Company of the Co. of.Brazos, State of Texas, and be- ing more particularly doscribed as follows, to -wit: being sixty -six (66) acres of land, more or less, with exceptions, conveyed to us, The Southside Development Company, by Edward V. Hrdlicka and wife, by deed dated July 5th, 1921, and recorded in book 56, page 607, of the deed records of Brazos County, Texas, to which reference is hereby made for more particular description of the land hereby conveyed, and did in said deed retain a Vendor's Lien on the pro- perty so Granted., Sold and Conveyed, to secure the payment of a part of the purchase Honey montionod in said deed es follows, to -wit: Ninetoon (19) certain promissory notes of even date with the deod, all payable to Edward V. Hrdlicka or order, at Bryan, Texas, as follows, to4-wit : due on or boforo le 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, months after date respectively, and interest, etco, as more particularly doscribed in deed referred to above. And, Whereas the first six of said Vendor's Lien notos given as aforesaid for part purchaso money of said property have been paid to said Edward V. Hrdlicka the legal and equitable holder amd olunor of sad notes; NOW, T1EREFORE7 I N OY7 AIL NEN BY THESE PRESENTS: That I , Edward V. Hrdlicke, the prosont legal and equitablo owner and holdor of said Vondcr's Lien notes above montionod, do horeby release, discharge and quit -claim unto tho said Southside Development Con pany heirs and assigns all the rights, title, interost and estate, in and to that portion of the property above doscribed contained in Block No. 8, 12, 19, 20, 21 of a map of said property on file in the Clerk's office, Brazos County, Tex., volume 38, pages 574 -575, which I have or may be entitlod to by virtue of being tho owner of said Vondor's Lion notos and do hereby declaro said proporty ro- leased and discharged of all lions created by virtue or said Vendor's Lien notes above described. WITNESS my hand this 28th day of January, A. D. 1922. Edward V. Hrdlicka. THE STATE OF TEXAS 1 COUNTY OF BRAZOS I BEFORE ME, H. A. Vliddecke, a Notary Public, in and for Brazos County, Texas on this day personally appeared Edward V. Hrdlicka known to me to bo the person whoso name is sub- scribed to tho foregoing instrumont, and acknowledged to me that he executod tho sane for tho purposos and consideration therein ox- prossed. GIVEN UNDER MY HAND STD SELL OF OFFICE, This 28th day of Jan. A.D. 1922. H. A. Widdockc. (SEAL) 72 e 1 ` t Ce * NMI) Edward V. Hrdlicka Z Release Dated 4 -9 -23 To X Filed 4- 25 -23. Recorded Vol.9, page 39E3. Southside Development Co. 1 Release Records- Brazos Co., Texas THE STATE OF TEXAS ) COUNTY OF BRAZOS ) WHEREAS W. T. and Mary E. Davis, husband and wife, of the County of' Brazos, State of Texas, did on the sixth day of July, A. D. 1921, by deed of that date duly recorded in the Records of Deeds in Brazos County, volume 56, page 609, Grant, Sell and Convey to The Southside Development Company of the County of Brazos, State of Texas, the following described property, to -wit: All of that certain tract or parcel of land lying and being situate in the Joseph E. Scott league in the County of Brazos, State of Texas, and being more particularly described in Volume 56, page 609, of the Brazos County Records as noted above, being five and seventy - one hundrodths (5.71) acres of land, more or loss, and in said deed a Vendor's Lion on tho property so Grantod, Sold and Convoyed, to socuro tho paymont of' part of tho purchase; monoy mentioned in said deed was assumed by Tho Southsido Development Company as follows, to -wit: Throe hundrod and twenty dollars (0320.00) on 13 notos remaining unpaid as per rocord of dood as notod in Volume 56, ago 609 of the Brazos County, Toxas, Rocord of Doods, for furthor details of which roforonco is horoby made. And, whoroas, said Vendor's Lion notes given as aforesaid for part purchase money of said proporty havo boon paid to Edward V. Hrdlicka the legal and oquitablo holder and ownor of said notes: NOW, R ORE, Y T O W ALI P. N BY THESE PRESENTS: That I, Edward V. Hrdlicka tho proscnt and to gal oquitablo ownor and holder of sai d Vendor's Lion notos abovo mentioned, do hcroby roloaso, discharge and quit claim unto tho said The Southsido Development Company his heirs and assigns, all tho rights, titlo, interest and ostato, in and to tho proporty above described, which I have or may be ontitlod to by virtu° of being the ownor of said Vendor's Lion notes and do horoby doclaro said property roloasod and dicchargod of all lions created by virtue of said Vendor's Lion ihotoc abovo doscribed. WITNESS my hand this 9th day of' April, A. D. 1923. :Edward V. Hrdlicka. THE STATE OF TEAS 1 COUNTY OF BRAZOS 1 BEFORE IvE, Lamar Bothoa, a Notary Public in and for Brazos County, Texas, on this day porsonally appoarod Edward V. Hrdlicka known to mo to be the porson whose .name is subscribed to tho foregoing instrument, and acknorledgod to uc that ho oxocutod tho samo for the purposes and consideration therein exprossod. Givon undor my hand and soal of office, This 20th day of April, A.D. 1923, Lamar Bothoa, Notary Public Brazos County, Toxas (SEAL) 73 r (;) Edward Hrdlicka et ux Dedication & Map Date 7- 18..1919 to Filed 7 -23 -1919 Recorded Vol. 38 page 562 The Public (, Deed Records Brazos County, Texas • THE STATE OF TEXAS ( ) COUNTY 07 BRAZ,OS () I, Edward V. Hardlicka., joined herein by my wife, Birdie Beatrice Hrdlicka, do hereby declare this plat tm be my subdivision of a part of my 202 and 3/4 acre tract in Brazos County, Texas described in a deed recorded in Book 49, page 11 of the deed records of Brazos County, Texas and said subdivi- sions being out of the West corner of said 202 and 3/4 acre tract and adjoining the lands of the A. & M. College, and we do hereby dedicate to the use of the public for Road purposes all the streets and avenues shown in this map. Witness our hands this the 18th day of July 1919. Edward V. Hrdlicka Birdie Beatrice Hrdlicka TEE STATE OF TEXAS ( ) COUNTY OF BRAZOS () Before me J. W. Batts a Notary Public in and for the County of Brazos, State of Texas, on this day perennally appeared Edward V. Hrdlicka and Birdie Beatrice Hrdlicka, his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument and acknowlddged to me that they each executed the same for the purposes and consideration therein expressed; and the said Beatrice Hrdlicka, wife of the said Ed Hrdlicka having been examined by me privily and apart from her husband and having the same fully explained to her, she, the said Birdie Beatrice Hrdlicka acknowledged such instrument to be her act and deed and she declared that she had willingly signed the same for the purposes and consideration therein expressed and that she did not wish to retract it. Given under my hand and seal of office this the 18th day of July, 1919. ( SEAT,) J. W, Batts, Notary Public Brazos County, Texas 7 -16 -19 Hrdlicka's 3outhside Subdivision • Adjoining A. & M. College Out of West corner of 202 1/2 Acre tract Deeded to Ed Hrdlicka, See Vol. 49, page 11 Deed Records Brazos County, Texas. Scale 1 in equals 100. • 75 4 . . — t • 4 t r Near .10 5 0(.17 RrCORDED 144 at. PACE' 5 i;i&D /i3. - CORPS ae/iZOS CCVNTY , 7s i Sc A LE / is m r /00 I .4 0 i N'Yr I 0 ate 4aer ■ . :• 4r• ! — • 1 j i 4 I 4 1 i • i ' i ' • I , i 1 ';',' r • ., ( 1 ' 4 / (..' I ' • i -"` : • . I — , s4. I 4 4 1 1 I ! i l 1 r 4 I I I 1 I I I 1 . ; . . I i I . I '-...' .% '' i 7 1 / , i ..:' I 4 ;, 1 ^ i 1 I i • .. : 1 • 1 i 1 1 i I 1 i i i I . , .... .- . 4 i N„ 1 0 • . ■ ' . I A/ ( i I„ 9 ‘ C,. , , E.-. , 7 -,... • ; 1 st- 4..., , 1 i 1 . i . . ; , • • i ..... i . 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I , p 0 ^ h e a` - us o i. / • W w �` j h q 17.74us f .iiWJ $ Q .5 „ ' 4. a" ^aq• , h I n 2 • ' ° 6 c^ � `j mum `t b ti o�'h p K ^ h V `•' MEM `I r nJ Y;~, vJ G.,o of ; ^ af O k J, of m 4 : v O2 IFIFIFI ip �:�e�1 . , , ,. A, y 1391115 021 N.3H i ,, , t. W C',' cr..,,,,,,,i , % ,i4l. 1 ^ D . 11P2 ,': ii s a ti / �® ^ o h hti N :4 Alba FA 4j . A 1772J1t l.. 1 7 ?O // �> k • : t\ ? , / • h q ' ' - :A0I4 2 8 6 AA \ I 1372/15 R .t7SN2i9no �" \ i 10 4414,, \\ 0 6 h O J n h ' S cac , 1932115 .0 21217J1 ycC .444 ..\. Lj • 0. 4 ° ,, .404 , 0 0 $4 13x2114 ti rn9 vv JOL ,s� w w 0 k ! . P W /©\ x , ° Kti e o 7�v7d /1.47.70&_717e, �P Y a e k A 7 Zi a ` A t ,. 177x115 Y .c9s217/ ,,, , T k ,. • , ,. ,. u rf ��� i � �' /r a o v s s s r r s r s,E Y Z J/, 079 �' ' � A�� . /C a C nMJ . KEEP THIS MAP FOR YOUR GUIDE v IN CHOOSING YOUR LOT. 7 ° j Edward V. Hrdlicka et ux Deed Dated 8-5-21 to Filed 12 -5 -21 Recorded Vol. 57 page 339 Henry.'•mshoff Deed Records Brazos County, Texas THE STATE OF TEXAS COUNTY OF BRAZOS KNOW ALL MEN BY THESE PRESENTS: THAT 1, Edward V. Hrdlicka., joined herein by my wife, Birdie Beatrice Hrdlicka. of the County of Brazos, State of Texas, for and in consideration of the sum of Two Hundred (200.00) Dollars to us in hand paid by Henry Emshoff, the receipt of which is hereby acknowledged, and the further consideration of the assumption of the payment of all taxes on the hereinafter described property for the year 1921; have Granted; Sold, and Conveyed, and by these presents do Gmnt, Sell and Convey, unto the said Henry Emshoff cf the County of Brazos, State of Texas, all that certain tract or parcel of land lying and being situate in the County of Brazos, State of Texas, and being more particularly described as follows, to -wit: Lots Number Four (4) and Five (5) in Block Number Two (2) in Hrdlickats Southsido Subdivision, adjoining the lands of the A. and M. College, according to the nip of said subdivision recorded in the deed records of Brazos County, Texas, in the office of the County Clerk of said Brazos County, Texas. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywish belonging unto the said Henry Emshoff, his heirs, and assigns forever; and we do hereby bind ourselves, our heirs, executors and administrators, to Warra't and Forever Defend, all and singular the said premises unto the said Henry Ilnshoff, his heirs and assigns, against every person whomsoever lawfully claimin or to claim the same, or any part thereof. WITNESS our hands at Bryan, Texas, this 5th day of August, A.D. 1921. Fifty Cents Revenue Stamp Edward V. Hrdlicka duly affixed and cancelled. Birdie Beatrice Hrdlicka THE STATE OF TEXAS (1 COUNTY OF BRAZOS BEFORE ME J. W. BATTS, a Notary Public in and for Brazos County, Texas on this personally appeared Edward V. Hrdlicka and Birdie Beatrice Hrdlicka, his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executer the same for the purposes and consideration therein expressed and the said Birdie Beatrice Hrdlicka wife of the said Edward V. Hrdlicka having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said Bir.c'le Beatrice Hrdlicka acknowledged such instrument to be her act and deed, 3r she declared that she had willingly signed the same for the purposes ar.d consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This 5th day of August, A. D. 1921. J. W. Batts, Notary Public (SEAL) Brazos County, Texas. 79 9 ' H. C. Emshoff 0 Deed Dated 340 -23 To () Filed 3 -10 -23 Recorded Volume 61 page 61 Southside Development Co. () Deed Records Brazos County Texals THE STATE OF TEXAS ( ) COUN'T'Y Or HARRIS () Know all men by these Presents: That I, H.-C. Em.;ho2i of the County of Harris State of Texas for and in considera- tion of the sum of Two Hundred and Seventy Five Dollars ($275.00) Cash Dollars, to me in hand paid by the Southside Development Co. have Granted, Sold and Conveyed, and by these presents do Grant, Sell, and Convey, unto the said The Southside Development Co. of the County of Brazos State of Texas all that certain tract or parcel of land lying and being situate in the County of Brazos , State of Texas and being; more particularly described as follows, to -wort; Lots Numbers four (4) and five (5) in Block Numbered Two (2) in Hrdlicka's Southside Subdivision, adjoining the lands of the A. & M. College, according to the map of said subdivision recorded in the Deed Records of Brazos County, Texas, in the office of the County Clerk of said Brazos'County, Texas. To Have and to Hold the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging , unto the said The Southside Development Co. heirs and assigns forever, and I hereby bind my heirs, executors and administrators, to Warrant and Forever Defend, all and singular the said premises unto the said The Southside Development Co. herrs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. Witness my hand at Goose Creek, this 10th day of March A. D. 1923. 500 revenue stamp affixed H. C. Emshoff and duly cancelled. THE STATE OF TEXAS () COUNTY OF HARRIS () Before me, the undersigned authority, Notary Public in and for Barris County, Texas, on this day personally appeared H. C. Emshoff known to me to be ther person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration thereon ex- pressed. Given under my hand and seal of office this 10th day of March, A. D. 1923. Ted C. Carter, Notary Public,Harris County, Texas (SEAL) 80 o i CO) ' THE STATE OF TEXAS COUNTY OF BRAZOS Before me S. G. Bailey a Notary Public in and for said County and State on this day personally appeared F. B. Clark known to me to be the person whose name is subscribed to the foregoing instrument as Chairman,,Board of Directors, of the Southside Development Company, a Corporation and acknowledged to me that he execut:;d the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of the said Corporation. Given under my hand and seal of office on this the 19th day of January A. D. 192ti. S. G. Bailey, Notary Public in and for Brazos County, Texas (SEAL) 82 4 ::) Southside Development Co. Lease Dated 6 -26 -1936 to Filed 7 -17 -1936 Recorded Vol. 91 page 437 Community Natural Gas Co. Deed Records Brazos County, Texas LEASE THIS AGREEMENT OF LEASE, made acid entered into this 26th day of June, 1936, by and between the Southside Development Company acting by and through F. B. Clark, its President, herein called lessor (whether one or more), said Community Naturall Gas Company a. Corporation, herein called Lessee. VITNESSETH: Lessor, For and in consideration of the sum of Twenty -five and no /100 ($2.5.00) tollara cash in hand paid by Lessee, the re- ceipt of which is acknowledged, aid of the covenal is and agree- ments hereinafter s to be mutually ke pt and performed by the parties hereto, does hereby grant, demise, lease, and let, upon the terms and conditions hereinafter stated, unto Learee, its succe ssors and assigns, the following described lot, tract, or parcel of land, situated in the County of Brazos, State of Texas, to -wit: Being 10 feet by 14 feet in College Park Addition to the Town of College Station, Texas, said College Park Addition lying and being Southeast of the A & M. College Campus, as Platted by Maetin & Calvin, Surveyors and F.W.Hensel, L.A. aid recorded in the Deed Records of BrLzos County, Texas, in. Vo.. 38, page 602- 05, acid said 10x14 feet tract more fully described by Metes and Bounds as follows: Beginning at apoint of stake, said point or stake being the North corner of a certain Lot, Tract or parcel of land in said College Park Addition, fully described in Deed from South - side Development Company to Mr. R. K. Fletcher, Recorded in Vol. 78, page 490, Deed Records of Brazos County, Texas, and said Point or Stake being in the Southeast line of Dexter Drive, Thence in to Northeasterly direction along and with the South- east line of Dexter Drive a Distance of 29 feet to a point or stake in the Southeast line of said Dexter Drive; Thence in aSouth- easterly Direction at a right angle to said Southeast line of Dexter Drive a distance of 27 feet to a point or stake for the West corner of said 10x14 feet tract;, Thence in a Northeasterly direction running Parallel with and 27 feet from the Southeast line of Dexter Drive a distance of 10 feet to a point or stake for the north corner of this tract;, Thence in a Southeasterly direction at a right angle to the northwest Line hereof a distance of 14 feet for the East corner of this tract;, Thence in a Southwes- terly direction at a right angle to the Northeast line hereof, parallel with and 14 feet from the Northwest line hereof a dis- tance of 10 feet to a point or stake for the Southcorner of this tract; Thence in a Northwesterly direction at a right angle to the Southeast line Hereof, Parallel with and 10 feet from the Northeast line hereof to the place of beginning, and containing 140 square feet of Land more or less for the exclusive use of Lessee, its successors aid assigns, together with the appur- tenances thereunto belonging or in anywise ape rtaining, includ- ing the right of ingress and egress thereto and therefrom at any and all times. 83 • TO HAVE AND TO HOLD the same unto the Lessee, its succes- sors and assigns, for the term of Twenty (20) years from the date hereof. For the consideration afroosaid, Lessor hereby give sna_ grants, unto Lessee, its successors and assigns, the right, privilege and option of renewing this lease at the expiration of the aforementioned term, for an additional term of Twenty (20) years, upon the same conditions, covenants and agree- ments herein set forth, by executing and recording, prior to the expiration of such termk in the office of the Clerk of the County Court (or County Clerk's office) of the County in which the leased premises are situated, a notice or declaration sig- nifying Lessee's desire to exercise said option and renew this lease for such additional term.. Meroupon Lessee shill pay to Lessor, as hereinafter set out, the sum of Twenty -five and no /100. 025.00) Dollars, as the full and complete consideration for the renewal of this lease as aforesaid, which sure Lessee may pay or ;;ender to Lessor or to Lessor's credit in First National Bank, at Bryan, Texas, wn'.ch balk and its successors are Lessor's agent and shall continue as the depository for any sum that may be pay - abld hereunder, re;erdless of changes in ownership of the said leased premises. II' ,may depository bank shall cease to exist, suspend business, or refuse to act as such, Lessee shall not be held in default for failure to make such payment or tender until thirty (30) days after Lessor shall have delivered to Lessee, at its office in Dallas, Texas,.a duly executed. Fad pro- perly recordable instrument naming another bank as agent to re- ceive such payment or tender,. The recordation of the notice or declaration, as hereinabove provided for, shall be conclusive evidence of Lessor's election to exercise the option aforesaid acid to renew this lease, and con- versely, the Failure to record such notice or declaration shall be conclusive evidence that Lessee has elected not to exercise said option and does not desire to renew this lease.• - Without restricting or limiting the general and exclusive rights, privileges, powers, purposes and uses, granted hereunder, by the enumeration of the following p.rticular ones, it is es- pecisl.ly understood and agreed that during the term of this lease the Lessee shall have the right,,priviiege add option to place, construct, erect, instrs'11, operate, maintain, inspect, repair and, replace, on and in the premises aforesaid, a gas measuring and /or gas regulating andaor gas boosting and /or gas treating and/or gas purifying and /or gas mixing and /or gas manufacturing station, or stations, together with all such buildings, structures., ma- chinery, equipment, appliances, apparatuses, facilities, meters, pipes, regulators, fixtures, heaters, and all other property of whatsoever character or description, as may ba necessary, con9 voniont or incidental thereto; and the Lessee shall have the fur - thor(right, privilege and option to remove the aforesaid propor- ty placed by it on and in said premises (whether attached to the realty or not), in whole or in part, at any time during the term of this lease agreement or within a reasonable time there- after. Lessor shall pay off, satisfy and discharge, as they become due, all assessments, charges, mortgages, lions and taxes what- soever, which may exist or be payable for, on, against, or in respect to said leased premises, or any part thereof, during the terra of this lease, and upon Lessor's default, Lessor agrees that Lessee, at Lessee's option,. but without any duty to do so, may pay off, redeem satisfy, or discharge any such assessment, charge, mortgage, lien, or tax, and thereupon be subrogated to the rights of the holder thereof. Lessor agrees to warrant and defend the title to said premises!, and Lessor also especially agrees that Lessee, keeping the covenants of this lease, shall peaceably and quietly hold, enjoy,. and occupy said premises during said term without any hindrance, interrup- tion, ejection, or molestation by Lessor or by any other person or persons whomsoever. Each and every covenant, agreement,. term provision, and con- dition herein contained shaZll extend to and be binding upon the Ad v , heirs., legal representatives, successors and assigns, of tho par- ties hereto, and shall be deemed and treated as covenants real running w..th the premises aforesaid during the term hereof; but no change or division in the ownership of the leased premises, or of may sum of money that may be payable hereunder, however ac- complished, shall operate to enlarge tho obligations or dimi- nish the rights of Lessee, and no such change or division in ownership shall be binding upon Lessee for any purpose until Lessee shall have been furnished with a certified cony of re- corded instrument, or other legally authenticated written instrument, evidencing such charge or division in ownership. L? WITNESS WHEREOF, this agreement is executed by the plrtios hereto, the day and year first herein written, The Southside Development Company (SEAL) B y F. B. Clark, President Signed and delivered in the presence of the undersigned witnesses: 'ATTEST: Robert R. Lancaster Acting Sect. Treasurer S. A. Baxter, THE STATE OF T'E1;AS(f COUNTY OF BRAZOS ) BEFORE EE the undersigned authority, a Notary Public in and for said County and State, on this day pE ra nally appeared F.B.Clark President of the Southside Deve- lopment Company, a corporation, Down to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the scone for the purposes and consideration therein expressed, in the capacity therein stated, aid as the act and deed of said corporation. Given under my hand and seal of office on this the 26 day of June A. D. 1936. M. E. Adams, Notary Public in and for Brazos County, Texas (SEAL) 85 (1) • • The part/ of the second part shall pay the expense of construction of t'r_e utility lanes on his land, and the legal and equitable title to them s'iall be vested in hint, and the respon.s ibility for their maintenance and ren:Lacements Ehai.l fall upon him. A payment of $50.00 is tc be made to the party of the first part for each residence with its concomitants at the time u ti i.ty connections are installed. 4. No connections shall be allowed nor any utilities be furnished to any house used as a business establishment, a'dormitory for students, or a residence for negroes (except in servant's quarters); without the ex- press approval inwriting by theparty of the first part. 5. As a continuing condition for receiving utility services, the party of the second part and /or his heirs or assigns shall respectively abide by those limitations and restrictions as appear in the standard Southside Development Company deed form. In testimony whereof, witness our hands, this a9th day of April, 19; 7., (SEAL) The Southside Development Company J. Wheeler Barger, Party of the Second By: F. B. Clark, President Part C. Burchard, Secretary, Party of the First Part. THE STATE OF TEXAS : COUNTY OF BRAZOS Before me, the undersigned, a Notary Public in • and for said County and State, on..this day personally.appeargd F. - B. C;crL, C. W. Buchard, and J. Wheeler Barger, 1¢ioval to me to be the persons whcde names are subscribed to the .foreoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein • expressed. , ' Given under my hand and seal of office this the 3rd day H of May A.D. • 19 . • S. G. Bailey, Notary Public in and for Brazos County, Texas. (SEAL) 87 (of) ' cease to exist, suspend business, or refuse to act as such Lessee shall not be held in default forfailure to make such payment or tender until thirty (30) days after Lessor shall have delivered to Lessee, at its office in Dallas, Texas, a duly executed and properly recordable instrument naming another bank as agent to receive such payment or tender. The recordation of the notice or declaration, as hereinabove provided for, shall be conelucive evidence of Lessor's election to exercise the option aforesaid and to renew this lease, and conversely, the failure, to record such notice or declaration shall be conclusive evidence that Lessee has elected not to exercise said option and does not desire to renew this lease. Without restricting or limiting the general and exclusive rights, privileges, powers purposes and uses granted hereunder, by the enumeration of the following particular ones, it is especially understood and agreed that during the term of this lease the Lessee shall have the right, pri- vilege and option to place, construct, erect, install, operate,,maintain, inspect, repair and replace, on and in the premises aforesaid, a gas measuring and /or gas regulating and/ or gas boosting and /or gas treating and/or gas purifying and /or gas mixing and /or gas manufacturing station, or stations, together with all such buildings, structures, machinery, equipmelt, appliances, apparatuses, facilities, Meters, pipes, regulators, fixtures, heaters, and all other property of whatsoever character or description, as may be necessary, convenient or incidental thereto; and the Lessee shall have the further right, privilege and option to remove the aforesaid property placed by it on and in said premises (whether attached to the rc;k ;y or not), in whole or in part, at any time during the term of this lease agreement or within a reasonable time thereafter. Lessor shall pay off, satisfy and discharge, as they become due, a'..'_ assessments, charges, mortgages, liens and taxes whatsoever,.. which may or be payable for, on, against or in respect to said leased premises, or any part thereof, during the term of this lease, and upon Lessor's default, Lessor agrees that Lessee, at Lessee's option, but without any duty to do so, may pay off, redeem satisfy, or discharge any such assessment, charge, mort- gage, lien,, or tax, and thereupon be subrogated to the rights of the holder the reof. Lessor agrees to warrant and defend the title to said premises and Lessor also especially agrees that Lessee, Keeping the covenants of this lease, shall peaceably and quietly hold, enjoy, and occupy said premises during said term without any hindrance, interruption, ejection or moles- tation by Lessor or by any other person or persons whomsoever. Each and every covenant,a.greement, term, provision, and condition herein contained shall extend to and be binding upon the respective heir ., legal representatives, successors and assigns of the parties hereto, and shall be deemed and treated ascovenants real running with the leased pre- mises, or of any sum of money that may be payable hereunder, however accomplished shall operate to enlarge the obligations or diminish the rights of Lessee, and no such change or division in ownership shall be binding upon Lessee for any purpose until Lessee shall have been furnished with a certified copy of recorded instrument, or other legally authenticated written instrument, evidencing such change or division in ownership. In witness whereof, this agreement is executed by the parties hereto, the day and year first herein written. (SEAL) The Southside Development Company ATTEST Robert R. Lancaster By F. B. Clerk, President Acting Soot. &.Treasurer. S. A. Baxter, (R /W Agent) 89 ti c re NNW THE ST ATE OF TEXAS COUNTY OF BRAZOS 0 BEFORE ME, the undersigned authority, .a Notary Public in and for said County and State, on this day personally appeared F B. Clark, President of the South Side Development Co.•a corporation, known to me to be the person whose name is subscribed to' the• foregoing in- strument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed (.:f earl corporation: Given under uiy hand and seal of office on this the 26th day of June A. D. 1936. M. Eb Adams, Notary Public in and for (SEAL) Brazos County, Texas. 90 • C E R T I F I C A T E ce The State of Texas County of Brazos ) We hereby certify that we have made a careful examination of the Records of Deeds, Mortgages, Attachments, Contracts, Employee's Liens, Mechanic's and Material Man's Liens, Lis Pendens, Probate Records, Abstract of Judgment Records in the offioe of the Clerk of the County Court, and the Minutes of the District Clerk's Office in Brazos County, Texas, with reference to the property described in caption hereto, shown on page one of this abstract, and the foregoing 90 pages, contain correct abstracts of all instruments which we have found recorded in said records, which convey or encumber or disencumber the said property. Witness our signature this 2nd., day of May, A. D. 1938. THEM W' ' ABSTRA COMPANY A da' -iikt'A