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From minutes E page 440. Wednesday
November 29th AD 1866. The estate of Jeremiah Cloud dec'd. This
day came up for the consideration of the court the petition of the Admrs praying
for authority to rent the plantation belonging to said estate at public or private
renting, and the court having considered the same orders that said admrs rent
said plantation at private renting and due return make of said renting to this
court for approval.
Recorded February 28th AD 1866
John R Campbell
Clerk
By Z W Matthews Deputy
State of Texas
County of Austin
In County Court Jany Term 1866.
To Hon C B Oney Chief Justice of said County. F M Cloud one of the admrs
of Jeremiah Cloud dec'd represents that in pursuance of an order made at the
last term of your Honors Court and after having given the notice required by
law he did on the 1st day of this month at the Old Homestead rent out 50 acres
of improved land at public renting to the highest bidder and J W Tottenham being
the highest and last bidder rented the same for $25.00. (349) and gave
his note with security payable 1st of 1867.
F M Cloud
Admr
Sworn to and subscribed before me on this
the 29th Jany AD 1866
John R Campbell Clerk
By Z W Matthews Deputy
Filed Jany 29th 1866 recorded February
28th 1866.
John R Campbell
Clerk
By Z W Matthews Deputy
The Estate of Jeremiah Cloud Dec'd
To F M Cloud
For the year 1859 - To services of self
in superintending &
managing plantation & negroes & the affairs of dec'd generally
$300.00
For the Year 1860 - To same as above
300.00
For the Year 1861 - To same as above
300.00
Also
To hire yearly for my negro man Friday for the years
1859, 1860 & 1861 at $200.00 per year
600.00
$1500.00
Also to use of wagon & Team 1860 & 1861
100.00
$1600.00
To 3 notes $94.29 - $94.29 - & $94.30 at nine months with
10 per ct int from 31st Decr 1860 executed by me individually to
T W House & Co about the 31st of March last 1861 in settlement
of the accts of said dec'd with said firm of House & Co
311.16
$1911.16
Over $1911.16
Cr
The above and foregoing account by amount
rec'd & retained by
me out of the proceeds of the crops of 1859 & 1860 $280.00
out of crop of 1859 & $20.00 out of crop of 1860
$ 300.00
$1611.16
The State of Texas
County of Austin
Before me Z W Matthews clerk of the
county court within and for the county and State aforesaid this day personally
appeared F M Cloud one of the admrs of the estate of Jeremiah (350) Cloud dec'd
upon oath says and subscribes the same that the above and foregoing is a just
and correct claim against said estate and that all legal credits and payments
know to affiant have been allowed to the best of his knowledge and belief.
F M Cloud
Sworn to and subscribed before me o this
the 30th day of December AD 1861
Z W Matthews clerk
Filed December 30th AD 1861
Z W Matthews Clerk
Recorded February 28th AD 1866
John R Campbell Clerk
by Z W Matthews
Dept
State of Texas
County of Austin
In the County Court Jany Term AD
1862. In the matter of the account of F M Cloud one of the admrs of Jeremiah
Cloud deceased H G W \Cloud one of the heirs comes & excepts to the several
items of said admr account. This defendant excepts to the thee first items
of said account of $300.00 per each of the years 1859, 60 & 61 because he says
that the deceased never employed the said F M Cloud to attend to his business
at a stated annual salary of three hundred dollars but that this defendant has
always understood from the deceased & the administrator that the administrator
was attending to the overseeing the plantation of the deceased for a stipulated
part of the crop for each of the years mentioned & that the part of the crop
to which he was entitled was one sixth thereof & no more & that any other service
rendered by the admr for the deceased was gratuitously rendered & that he is
not entitled to charge for any such service. To the fourth item of said
account the defendant excepts because he says that said negro was not & is not
the property of the said F M Cloud until he complies with the decree of this
court to account to the heirs of Jeremiah Cloud deceased for the purchase money
of said slave advanced & paid for by said Jeremiah Cloud deceased &further that
said negroes services were not worth two hundred dollars per year & that Jeremiah
Cloud never contracted to pay F M Cloud two hundred dollars per year for the
hire of said negro nor any other sum. To the 5th item he excepts that
the said Jeremiah Cloud never hired the waggon & team of said F Cloud for the
year 1860 & 61 at any price & that the same were never worth fifty dollars per
year as used upon said farm, to the sixth item viz the three notes of $94.29,
94.29, 94.30 given to T W House defendant excepts because he says that the above
is a ballance as defendant understanding it to be a ballance due by F M Cloud
to T W House over & above the proceeds of the sale of the cotton crops of 1859
& a part of the cotton crop of 1858 & that Jeremiah Cloud never received the
proceeds of the sale of said cotton nor was the same expended for his benefit.
(351) The defendant also excepts to the credits allowed by said admr because
he says the admr is justly chargeable with other sums viz to wit, One
bay mare the property of Jeremiah Cloud deceased & sold by said administrator
since the death of Jeremiah Cloud that said mare was worth $125 that the said
administrator is justly chargeable with the grater portion of the proceeds of
the cops of cotton of the year 1859 & a part a part of the crop of 1858 Sold
by T W House for the admr and which consisted of more than twenty bales and
was reasonably worth one Thousand dollars
H G W Cloud
By D Y Porter
Atty
Filed January 27th 1862
Z W Matthews clerk
Recorded February 28th AD 1866
John R Campbell
Clerk
by Z W Matthews Dept
The State of Texas
County of Austin
In the court Feby Term AD 1862
H G W Cloud Exceptor
VS
F M Cloud admr of the Estate of Jeremiah Cloud deceased
To F M Cloud admr or Z Hunt & N Holland
attorneys of record in said suit take notice that five days after service of
this notice and the accompanying copy of interrogatories I shall apply to the
clerk of the County Court of Austin County to take the depositions of T W House
a witness residing in the County of Harris to the following interrogatories
the --?-- of which when taken will be used by the defendant H G W Cloud upon
the --?-- of the above entitled case of the suit now pending wherein F M Cloud
Admr of the estate of Jeremiah Cloud deceased has filed his account against
said estate & H G W Cloud ne of the heirs of Jeremiah Cloud deceased has filed
his exceptions in writing.
D Y Porter
Atty for Exceptor
H G W Cloud Exceptor
VS
F M Cloud admr of
Jeremiah Cloud deceased
In the County Court of Austin County.
Feby Term AD 1862. Interrogatories to be propounded to T W House of witness
residing in the County of Harris.
Int 2st This is
a suit in which H G W Cloud one of the heirs of Jeremiah Cloud deceased contests
the account of F M Cloud administrator of the estate of Jeremiah Cloud deceased
in which he charges said estate with three notes as follows $94.29 - $94.39
& $94.30 at (352) nine months with 1- per ct interest from 31st
Decr 1860 executed by me individually to T W House & Co about the 31st of March
1861 in settlement of the affairs of said deceased with said firm of House &
Co 311.16. Are you acquainted with the parties to this suit & do you know
anything of the three notes above mentioned & do you now hold them?
Int 2nd What
was the consideration for which said notes were given & did F M Cloud mention
to you at the time that they were executed for Jeremiah Cloud.
Int 3rd Did
you receive of F M Cloud any cotton in the year 1860 or 1861. If so state
what amount & please if convenient insert an account of the sales of the same.
Int 4th Did
F M Cloud purchase of you any goods in the year 1860 or 1861 & if
you please append a copy of his account.
D Y Porter
Atty for Heirs
Cross Interrogatories by F M Cloud to the
within named witness T W House
Int 1st If
in answer to the 4th direct interrogatory you say that F M Cloud
purchased goods from you in the years 1860 & 1861 please state also whether
the goods so purchased or any of them were fit & suitable for family & plantation
uses?
Int 2nd State
anything further you may know that will benefit either of the parties?
Hunt
& Holland
Attys for F M Cloud
Filed February 17th AD 1862
Z W Matthews clerk
Recorded February 28th 1866
John R Campbell Clerk
By Z W Matthews Dept
The State of Texas
To the Sheriffs of Austin County,
Greetings. You are hereby commanded to forthwith serve F M Cloud Admr
of the estate of Jeremiah Cloud dec'd or Z Hunt & N Holland attorney of record
with the accompanying copy of interrogatories filed in this office on the 17th
day of Feby AD 1862 and propounded to T W House of Harris County and State of
Texas by the Exceptor in a certain cause Nr H G W Cloud exceptor and vs F M
Cloud admr Jeremiah Cloud dec'd now pending in the County Court of Austin County
and State of Texas. Herein fail not and due returns make under the penalty
of the law &e.
Attest Z
W Matthews clerk and the seal (353) of
the Co Court of Austin County and State of
Texas, at office in the town of Bellville in said County of Austin on this 17th
day of Feby AD 1862.
Issued 17th Feby 1862
Recd & Executed this writ on this
the 17th day of February AD 1862 by delivering to F M Cloud admr of the Estate
of Jeremiah Cloud dec'd in person the accompanying certified copy of Interrogatories
& notice.
James J Jackson
Sheriff AC
Filed Feby 17th 1862
Z W Matthews clerk
Recorded February 28th AD 1866
John R Campbell
Clerk
by Z W Matthews Deputy
The State of Texas
To the Sheriff of Austin County,
Greetings. You are hereby commanded that you summon James M Cloud to be
and appear before the Honorable the County Court to be holden within and for
the County Austin at the Court House thereof in the town of Bellville on the
last Monday in April AD 1862 then and there to give evidence in matters pertaining
to the admrs claim in the estate of Jeremiah Cloud dec'd. You will serve
the said James M Cloud with the citation. Herein fail not but have you
then and there before said court his writ within your return thereon showing
how you have executed the same.
Witness
Z W Matthews clerk of the County Court of Austin County
Given under my hand
and the seal of said Court at office in the town of Bellville this the
28th day of April AD 1862
Z W Matthews clerk
Issued Apl 28th 1862
Z W Matthews clk
Recd & Executed this writ on this the 28th
day of April AD 1862 by reading this writ to James M Cloud.
James J Jackson
Sheriff AC
Filed February 28th AD 1866
John R Campbell Clerk
By Z W Matthews Deputy
The State of Texas
County of Austin
In County Court. Feby Term
AD 1862
H G W Cloud Exceptor
VS
(354)
F M Cloud admr of the Estate of Jeremiah Cloud deceased
T F M Cloud admr or Z Hunt & N Holland
attorneys of record in said suit, take notice that five days after service of
this notice and the accompanying copy of Interrogatories I shall apply to the
clerk of the County Court of Austin County to take the deposition of T W House
a witness resideing in the County of Harris to the following Interrogatories
the answers to which when taken will be read by the defendant H G W Cloud upon
the trial in the above entitled Court of the suit now rending wherein F M Cloud
admr of the Estate of Jeremiah Cloud deceased has filed his account against
said estate & H G W Cloud one of the heirs of Jeremiah Cloud deceased has filed
his exceptions in writing.
D Y Porter
atty for Exceptor
H G W Cloud
VS
F M Cloud Admr of
Jeremiah Cloud deceased
In County Court of Austin County
Feby Term AD 1862. Interrogatories to be propounded to T W House a witness
residing in the County of Harris.
Int 1st This is
a suit in which H G W Cloud one of the heirs of Jeremiah Cloud deceased contests
the account of F M Cloud administrator of the Estate of Jeremiah
Cloud deceased in which he charges said estate with three notes
of follows $94.29 $94.29 & $94.30 at nine months with 10 per ct
interest from 31st 1860 executed by one individually to T W House & Co about
the 31st of March 1861 in settlement of the affairs of said deceased with said
firm of House & Co 311.16. Are you acquainted with the parties to this
suit & to you know any thing of the three notes above mentioned & do you now
hold them.
Int 2nd What
was the consideration for which said notes were given & did F M Cloud mention
to you at the time that they were executed for Jeremiah Cloud?
Int 3rd Did
you receive of F M Cloud any cotton in the year 1866 or 1861. If
yea state what amount & please if convenient insert an account of the sales
of the same.
Int 4th Did F M
Cloud purchase of you any goods in the years 1860 or 1861& if yea please append
a copy of his account.
D Y Porter
Atty for heirs
Cross interrogatories by F M Cloud to the
within named witness T W House
Int 1st If
in answer to the 4th direct interrogatory you say that F M Cloud
purchased goods from you in the years 1860 & 1861, please state
also whether the goods so purchased or any of them were fit & suitable
for family & plantation uses?
Int 2nd State
anything further you may know that will benefit either of the parties?
Hunt & Holland
Attys for F M Cloud
Filed Feby 17th AD 1862
Z W Matthews clerk
(355)
The State of Texas
County of Austin
I, Z W Matthews clerk of the County
Court within and for the County and State aforesaid do hereby certify that the
above and foregoing is a true and correct copies of the direct and cross interrogatories
filed in my office Feby 17th 1862 in the case of H G W Cloud Vs F M Cloud admr
now pending in said Court
In testimony whereof
I hereunto sign my name and affix the impress of the seal of said Court at office
in Bellville this 8th March AD 1862
X W Matthews clerk
The State of Texas
County of Harris
In the County Court of said County.
H G W Cloud Exceptor
VS
F M Cloud admr
Answers and depositions of T W House
a resident of Harris County in the State of Texas to the annexed interrogatories
taken before Geo Goldthwaite a Notary Public in and for Harris County and State
of Texas duly commissioned and qualified.
To the 1st Interrogatory the witness
answers and says - I am acquainted with the parties to this suit and I know
of the notes mentioned - T W House & Co now hold them.
To the 2nd Interrogatory - The witness
answers and says - The consideration of said notes was merchandise and cash
advanced on cotton, I don't know whether F M Cloud mentioned for whom the notes
were executed or not, That he was trading for Jeremiah Cloud, was our understanding
at the time.
To the 3rd Interrogatory - The witness
answers and says - We did receive 21 bales cotton of F M Cloud in 1860 and had
the same, sold in New York and delivered the original a/c sales to F M Cloud
and cannot annex a copy having kept none.
To the 4th Interrogatory the witness
answers and says - I annex hereto a copy of F M Cloud's a/t with me during the
years 1860 and 1861 marked "A " T W House.
To the 1st Cross Interrogatory the
witness answers and says - I annex to my answer a copy of his account by which
it will be seen that the goods sold him were such as are bought for family and
plantation supplies.
`To the 2nd Cross Interrogatory he answers
and says - I know of nothing more that would be material to the benefit of either
party - but I annex an a/c current showing the transactions of T W House & Co
with F M Cloud and also the credit by a/c of cotton, marked B
T W House
(356)
The State of Texas
County of Harris
I Geo Goldthwaite a Notary Public
for Harris County do hereby certify that T W House the witness before named
appeared before me and made the foregoing answers, and that he same were sworn
to and signed by said witness before me.
Given under my hand
and notarial seal at Houston this 21st day March AD 1862.
Geo Goldthwaite
NPHC
F M Cloud
In a/c with T W House & Co
1860
DR Cr Dr Int
Cr Int
July 28th Amt A/c rendered
766.94 32.38
" " Groceries by bill rend
20.45
.85
" " Sundries "
" " 8.50
Nov 15th Cash -?- to Jerry Cloud 30.00
.37
Credit
Aug 6th Sales 21
bl cotton
672.96
31.39
Dec 31st Balance of Interest
2.21
2.21
" " Amt of balance down
155.14
828.10 828.10 33.60
33.60
Balance due TWH&Co
155.14
-?- adv & cash payment
.75
$ 155.89
Dec 11th/60 Your 1 day note $99.03
Exhibit B
Dec 30/60 Int to date 20.47
T W House
$120.10
120.10
$ 275.99
Coms per agreement for
copying the a/c
another year 2 1/2
6.89
$ 282.88
Recd F M Cloud notes
to balc a/c & note
$ 282.88
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