Probate of Jeremiah Cloud, Austin county, TX, 1862-1865
Vol. M pp 342-346
(my file CLOUDM.001.txt) ..... transcribed by Ellen M.W. Crawford
transcribed by Ellen M.W. Crawford
Vol M pp 342-356
Austin Co TX Probates
LDS Film # 1917524
(342) The Estate of Jeremiah Cloud Dec'd
From Page 84. Estate of Jeremiah Cloud Dec'd. To September Term of County Court 1862. Elizabeth Cloud one of the Administrators of said estate makes to the court the following exhibit of the condition of said estate under oath:----to with:
1st. Claims against said estate presented to admr for allowance within twelve months after grant of letters & by them allowed at the dates below:
a. Note & act S M Busher
b. note & act S M Busher
(allowed by F M Cloud)
and not remembered supposed
be about ($47.12/100) = 50.00 Novr 20th 1861
c. Note John G Bell with a credit of $30 - $46 80/100 11.80 Decr 30
d. Nor Dr. G W Tottenham 151.00 Janr 27th 1862
f. Act of Atkinson & Chappell 51.95 May 14th 1862
g. no claims have been presented for allowance since the expiration of
twelve month from the grant of letters.
2nd. No claims have been rejected & no suits have been brought against the estate & the surviving widow of dec'd except the house tract 7 the tracts lying in distant counties as appears by act of partition on file in Court & that all of the personal property (except the slaves) has been partitioned, sold or taken by the widow under the orders of court as fully appears by return &e of record, & the slaves have been hired out for the present year and the portion of cultivated land belonging to the estate rented-----nothing has yet been collected on the notes given for the purchase of property of the estate--all the cash that has been received was from the cash sale of a horse to pay Taxes $125.00
Cash sale of corn for widows allowance 100.00
Cash sale of cotton " " $216.00
All done under orders of this court $441.00
Out of the above amount
the widows allowance has been
paid the receipt of it is here
acknowledged in full $300.00
Also the war tax for 1861 as per v 1 78.00 = $378.00
Balance on hand $ 63.00
The State & County Taxes for 1860 & 1861 are not yet paid.
I, Elizabeth Cloud one of the admr of the estate of Jeremiah Cloud dec'd do swear that the above & foregoing is to the best of my knowledge a true, full & correct (343) exhibit of the condition of said estate at this time.
her
Elizabeth Cloud
mark
Sworn to and subscribed
before me this 7th day of Sept
AD 1862.
B S Harrison JPAC
From minutes E page 81. Sept 29th AD 1861. The estate of Jeremiah Cloud dec'd. This day came up for the consideration the amended exhibit of admrs of said estate which was examined approved and ordered to record.
From minutes E page 89. Tuesday Sept 30th AD 1862. The estate of Jeremiah Cloud dec'd. The case of F M Cloud & E Cloud admr of Jeremiah Cloud Dec'd came up for the consideration of the court & neither party appearing it was ordered and decreed by the court that the same be continued until the next term of this court.
From Minutes E page 100. Oct 28 AD 1862. The estate of Jeremiah Cloud dec'd. The matter pertaining to the admr claim in this estate are continued indefinitely.
From Minutes E page 113 Nov 25th AD 1862. The estate of Jeremiah Cloud dec'd. The matters pertaining to the petition of the admr to hire out the negroes belonging to said estate for the year 1863 are continued.
(344) The estate of Jeremiah Cloud Dec'd. To the Nov Term Co Court AD 1862 to the Hon J H Cutter &e the petition of Elizabeth Cloud one of the admrs of the estate of said dec'd represents that there are several slaves belonging to said estate that ought to be hired our for the ensuing year AD 1863 as the time of their present hiring will expire at the end of this year - She therefore prays an order to hire out said slaves as aforesaid in accordance with law.
Hunt & Holland
Atty for petitioner
From minutes E page 122. Dec 10th AD 1862. The estate of Jeremiah Cloud dec'd. The application of Elizabeth Cloud one of the admr upon said estate preying for an order to hire out the slaves belonging to said estate for the year 1863 coming up for the consideration of the court and no objections had thereto it is ordered by the court that the administrator hire out at public outcry to the highest bidder at the late residence of said dec'd on the 1st day of Jan 1863 aforesaid and the administrators are authorized to make such conditions in the hiring as will enable the said admr to take charge of said negroes in case of an invasion of the County by the Enemy and it shall become --?-- to remove the same to a place of safety. The hire to cease from the time they are taken and to make such arrangements in regard to said negroes during such time as will be for the best interest for the estate, and also to make such other conditions so as to prohibit said negroes from being taken out of the county and make report of the same at the January Term 1863 of this court. done in vacation Decr 10th/62.
State of Texas
Austin County
To the Hon J H Catlin Chief Justice. The undersigned makes return under oath of the hiring of the slaves belonging to the estate of Jeremiah Cloud dec'd for the year 1863 to wit - after previous notice given, said slaves were hired out on the premises of dec'd on the 1st day of January 1863 at public outcry to the highest bidder on a credit of twelve months with conditions and reservations specified in your Honor's order of hiring & James M Cloud being the highest bidder for all of said slaves bid them off at the following figures to wit -
(345)
Man Joe at $250.00
Woman Betsey and two children at 250.00
Man Linn " 250.00
Man Daniel " 200.00
Woman Clarissa " 125.00
A small amount of cleared land supposed to be about 50 acres was also rented out & Alexander Cloud being the highest bidder rented the same at 50 cts per acre 25.00
Whole amt of rent & hire $1100.00
Notes with approved security bearing 12 per cent interest per annum from maturity were take for amount of hire & rent
Elizabeth Cloud
F M Cloud admr
Sworn to and subscribed before me
this 26th day of January AD 1863
S Howard CCCAC
File Jany 26th 1863 & recorded January 31st 1863. S Howard CCCAC
From minutes E page 143. The estate of Jeremiah Cloud dec'd. The administrators of said estate filed a return of hiring of the negroes belonging to said estate for the year 1863 which was examined by the court approved and ordered to record.
Recorded January 31st 1863. S Howard CCCAC
From minutes E page 185. The estate of Jerry Cloud dec'd. The claims of Atkinson & Carter against said estate for the sum of $22 65/100 on act duly authenticated and allowed by the administrators was approved by the chief Justice on the 25th June 1863 and ordered to be paid in due course of administration. The said a/c being for $25.32 but $2.67 being rejected by the Chief Justice.
Recorded July 9th 1863. S Howard CCCAC Elliott Dept
The estate of Jeremiah Cloud dec'd Novr Term County Court AD 1863. To the Hon J H Catlin Chief Justice. The petition of Elizabeth Cloud admr of the same prays your Honor to grant an order to hire out the slaves & rent the land belonging to said estate for the ensuring year & that the renting & hiring be done on the premises the late residence of said dec'd & petitioners pray &e.
N Holland Atty for
said adr & agent aforesaid above
Tiled Nov 30th 1863 & recorded Decr 23 1863.
S Howard CCCAC by Elliott Dept
(346) From minutes E page 229. November 30th 1863. The estate of Jeremiah Cloud Dec'd. The petition of the administrators of said estate for leave to hire out the slaves belonging to said estate for the year 1864 comes up for the consideration of the court - whereupon it is ordered by the court that the admrs hire out at public outcry at the late residence of dec'd after ten days notice all the slaves belonging to said estate for the year 1864 and make return of the same to the court. And the administrator is authorized to make such conditions in the hiring as will enable the administrators to take charge of said negroes in case of an invasion of the county by the Public enemy and it shall become necessary to remove the same to a place of safety - the hire to cease from the time they are taken charge of and to make such arrangements in regard to said negroes during such time as will be for the best interest of the estate and also to make such other conditions as to prevent said negroes from being taken out of the county.
From minutes E page 239. Decr 29th 1863. The estate of Jeremiah Cloud dec'd. The claims of Levinder Cannon against said estate for the sum of $94.93 on a/c duly authenticated and allowed by the admr is approved by the court and ordered to be paid in due course of administration for the sum of $89.93 only.
From minutes E page 249. January 26th 1864. The estate of Jeremiah Cloud dec'd. The administror of said estate returned to court on account of the hiring of the negroes of said estate for the year 1864 which was examined and approved and ordered to record by the court.
Estate of Jeremiah dec'd----To Hon J H Catlin Chief Justice The admrs of said estate make to your Honor the following return of hiring of slaves and renting land of said estate for the year 1864 after legal notice given the hiring was made at public outcry to the highest bidder on a credit till the 1st of January 1865 & at the late residence of said dec'd to the persons & for the following:
Man Joe to James M Cloud for $ 65.00
Man Lynn " " " " 65.00
Woman Betsy & 2 children to James M Cloud for 65.00
Clarissa (woman) to James M Cloud for 45.00
Man Daniel to H G Cloud for 65.00
About 50 acres of land rented to Alexander Cloud for 25.00
Total 330.00
Before me the undersigned comes F M Cloud one of the admrs of said estate &made oath that the above is a full true & correct return of hiring the slaves & renting the land belonging to (347) said estate for the year 1864.
Elizabeth
Francis M Cloud
Sworn to & subscribed before me
January 19th 1864. S Howard clk by Elliott Dept
Filed Jany 18th 1864 & recorded January 27th 1864
S Howard clk by Elliott Dept
State of Texas
County of Austin
Nov Term County Court AD 1864. To the Hon J H Catlin Chief Justice. Elizabeth Cloud one of the admrs of Jeremiah Cloud dec'd comes & prays an
order of court to hire out the slaves belonging to the estate of said dec'd for the year 1865 & also to rent out the cultivable land belonging to the same & petitioner prays &e.
Hunt & Holland attys for petitioner
Filed November 28th AD 1864 Recorded January 27th AD 1865
Z W Matthews Clerk
From minutes E page 330. Monday November 28th AD 1864. The estate of Jeremiah Cloud Sr. Dec'd. This day came up for the consideration of the court the petition of Elizabeth Cloud one of the admrs of said estate for the year 1865, prays an order to hire out the negroes belonging to said estate and also to rent the cultivable land belonging to the same, It is therefore ordered that said petition be granted, and she is hereby authorized to hire all of the negroes and rent the land belonging to the said estate at public outcry at the late residence of said deceased for the year 1865 after due and legal notice given.
Recorded January 27th AD 1865
Z W Matthews Clerk
To January County Court, Austin Co AD 1865. To the Hon J H Catlin Chief Justice. The undersigned admr of the estate of Jeremiah Cloud makes return of the hiring of the slaves belonging to said estate for the year 1865. Said hiring by order of the court at public outcry to the highest bidder on the 2nd Jany 1865 after notice of ten days as follows:
Man Joe to James M Cloud for $50.00
Man Linn " " " " " 50.00
Betsey & two children " " " " 50.00
Clarissa " " " " 30.00
Daniel by H G W Cloud " 50.00
In all 230.00
Notes & approved security take for amt of hire.
The land was offered for rent but there was no bidder for it. It was therefore not renewed. To all which I swear
F M Cloud adm of the estate
of Jeremiah Cloud dec'd
Sworn to & subscribed before me this
11th day of January AD 1865.
N Holland Co Clerk Austin County
Tiled Feby 1st 1865 & recorded Feby 18th AD 1865
Z W Mattews clerk
(348) From minutes E page 355. February 2nd AD 1865. The estate of Jeremiah Cloud dec'd. The return of hiring in this estate returned at this time was examined approved and ordered of record by the court.
Recorded Feby 18th AD 1865
Z W Matthews clerk
State of Texas
Austin County
Estate of Jeremiah Cloud dec'd. Novr Term Co Court 1865. To the Hon C B Oney Chief Justice. The petition of Elizabeth Cloud & F M Cloud admrs of the estate of Jeremiah Cloud dec'd makes known to your Honor that there is about 50 acres of open land belonging to said estate that ought to be rented out for the coming year 1866 & they pray your Honor to grant an order to rent the same either at public or private renting as to the admrs may deem best for the interest of said estate & they pray &c.
Hunt & Holland
Attys for admrs.
Filed Nov 28th 1865 recorded February 28th AD 1866
John R Campbell Clerk
by Z W Matthews Deputy
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
(Carried to Book O page 444)
Carried to Book O page 444