LAND DIVISION OF DAVID FULBRIGHT
AND SON MARTIN
(Transcribed by Bill Eddleman from papers provided by Chris
Wilson)
District Court of Red River County Febry Term 1876
Estate of David Fulbright
} On this day this cause came
Jane Fulbright Et al.
} on to be heard on the report
vs. } of the Commissioners [??]
Peat Fulbright Admr Et al. }
appointed to partition the
lands belonging to the Estate of David Fulbright deceased which Report is in
words and figures as follows to wit:
Estate of David Fulbright
Jane Fulbright Et al.
} Report of Commissioners on the matter
vs.
} the matter of the Estate of
Peat Fulbright Admr Et al. }
David Fulbright decd.
In District Court of Red River County
To the Hon. District Court of River River County.
The undersigned Commissioners appointed by your Honors at the _____ Term of your
Honors Court for Red River County to partition the Land belonging to said estate
lying and being situated in the County of Red River in accordance with a decree
made therein at said term of your Honors Court to wit:
Reference is here made to Order rendered Saturday Febr. 20th A. D. 1875 and
recorded in Probate Record A[?] page 207 & I beg leave to report that
following the instruction containing in said decree they have made partition of
467 acres of Prairie Land in part of the B. Gooch Headright Survey and 270 acres
of Timber Land a part of the James Graham Headright Survey, the land described
in said decree of your Honors Court. The Prairie part of said land is described
as follows:
Beginning at the S. W. corner of 220 acres tract
deeded by David Fulbright to Hooker & Fulbright on the S. B. line of said B.
Gooch Survey. Thence North with W. B. line of said Hooker & Fulbright and
the W. B. line of 100 acres deeded by said David Fulbright to R. S. Turner 2498
vrs to a stake on S. B. line of J. E. Benton 320 acre tract. Thence West with
said Benton and the S. B. line of [?] E. Lawson 785 vrs to a [illegible] on W.
B. line of the Original Gooch Survey. Thence S. 24 W. 784 vrs. to one of Goochs
corners , it being the N. E. corner of 470 acres deeded by David Fulbright to
the heirs of Martin Fulbright. Thence South with E. B. line of said 470 acres
1782 vrs to the corner of same on the S. B. line of B. Gooch survey. Thence East
with said line 1104 vs to the beginning.
This fig. represents the above described 467 acres of Prairie with
subdivisions. No. 6 contains 22 1/4 acres, the rest contain each 44 1/2 acres.
The description or field notes of the respective Lots as follows.
No. 1. Beginning at the S. W. corner of 220 acre tract deeded by David
Fulbright to Hooker & Fulbright. Thence with W. B. line of same North 499
3/5 vs to a stake in Prairie. Thence South 499 3/5 vs. to a stake in Prairie on
the S. B. line of the B. Gooch Survey. Thence East 504 vs. to the Beginning.
No. 2. Beginning at the N. E. corner of Lot No. 1 on W. B. line of Hooker
& Fulbright. Thence North 499 3/5 vs to a stake in Prairie. Thence West 504
vs to a stake in Prairie. Thence South 499 3/5 vs to the N. W. corner of Lot No.
1. Thence East 504 vs to the Beginning.
Lot No. 3. Beginning at the N. E. Corner of Lot No. 2. Thence North 499 3/5
vs to a stake in Prairie. Thence West 504 vs to a stake in Prairie. Thence South
499 3/5 vs to the N. W. corner of Lot No. 2. Thence East 504 vs to the
Beginning.
Lot No. 4. Begins at the N. E. corner of Lot No. 3. Thence North 499 3/5 vs
to a stake in the Prairie. Thence West 504 vs to a stake in the Prairie. Thence
South 499 3/5 vs to the N. W. Corner of Lot No. 3. Thence East 504 vs to the
Beginning.
Lot No. 5. Begins at the N. E. corner of Lot No. 4. Thence North 499 3/5 vs
to a Stake in Prairie on S. B. line of J. E. Benton. Thence West 504 vs with
said line to a stake in Prairie. Thence South 499 3/5 vs to the Beginning.
Lot No. 6. contains 22 1/4 acres is set a part to Pleasant D. Lawson in
accordance with decree. Begins at the N. W. Corner of Lot No. 5 in the S. B.
line of L. E. Lawson 301 acre tract. Thence West with said line 231 vs to the S.
E. boundary of same. Thence S 24 W 354 vs to a stake in Prairie on the W. B.
line of said Gooch Survey & Thence East 437 vs to a Stake in W. B. line of
Lot No. 5. Thence North 350 vs to the Beginning.
Lot No. 7. Begins at the S. E. corner of Lot No. 6 in W line of Lot No. 5.
Thence South 470 vs to a stake in the W. B. line of Lot No. 4. Thence West 600
vs to a stake in E. B. line of 470 acres now owned by the heirs of Martin
Fulbright, decd. Thence North 104 vs to one of the corners of the Original B.
Gooch Survey. Thence N. 24 E. 400 vs to the S. W. corner of Lot No. 6. Thence
East 437 vs to the Beginning.
Lot No. 8. Begins at the S. E. Corner of Lot No. 7. Thence West 600 vs. to a
stake in E. B. line of 470 acre tract now owned by the heirs of Martin
Fulbright, the S. W. corner of Lot No. 7. Thence South 419 6/ vs to a stake in
Prairie. Thence [East] 600 vs to a stake on W. B. line of Lot No. 3. Thence
North 419 6/10 vs to the Beginning.
Lot No. 9. Begins at the S. E. Corner of Lot No. 8. Thence West 600 vs with
S. B. line of No. 8 to the S. W. Corner of same. Thence 419 6/10 vs to a stake
in prairie. Thence East 600 vs to a stake in prairie in W. B. line of Lot No. 2.
Thence North 419 6/10 vs to the beginning.
Lot No. 10. Begins at the S. E. corner of Lot No. 9. Thence West 600 vs with
S. B. line of said lot to S. W. Corner of same. Thence South 419 6/10 vs to a
stake in Prairie. Thence East 600 vs to a stake in W. B. line of Lot No. 1.
Thence North 419 6/ vs to the Beginning.
Lot No. 11. Begins at the S. E. corner of Lot No. 10. Thence West 600 vs with
said Lot No. 10 to the S. W. Corner of same. Thence South 419 6/10 to the S. E.
Corner of 470 acre tract now owned by the heirs of Martin Fulbright decd. Thence
East 600 vs with the Original S. B. line of B. Gooch Survey to a stake the S. W.
corner of Lot No. 1. Thence North 419 6/10 vs with the W. B. line of said No. 1
to the Beginning.
The Timber Land subject to distribution is described
as follows. Beginning at the N. E. corner of a 100 acre tract conveyed by David
Fulbright to James N. Miller, a part of said James Grahams Headright Survey.
Thence West with N. B. line of said 100 acre tract 980 vs to the N. W. corner of
same at a stake on the E. B. line of [illegible] tract [illegible] Thence North
with said E. B. line [illegible] to his N. E. corner. Thence West 315 vs to a
stake a post oak marked X brs S 27 E 525 [illegible] marked X brs N 69 E 7 vs.
Thence North 487 vs to a stake the S. W. corner of ___ acre tract now owned by
Dick Mason. Thence East with S. B. line of said Mason 1395 vs to the S. E.
corner of same. Thence South 1399 vs to the Beginning.
This fig. represents the above 270 acres of timber as subdividing Lot No. 6
contains 12 7/10 acres; the rest contain east 25 7/10 acres.
Lot No. 1. Begins at the corner of a 100 acre tract conveyed by David
Fulbright to James N. Miller being the S. E. corner of the 270 acres tract now
being divided. Thence North with E. B. line of the tract now being divided 279
4/5 to a Stake. Thence West 520 vs to a stake. Thence South 279 4/5 vs. Thence
East 520 vs to the Beginning.
Lot No. 2. Begins at the N. E. Corner of Lot No. 1. Thence North 275 4/5 vs
to a Stake. Thence West 520 vs to a stake. Thence South 279 4/5 vs to the N. W.
corner of Lot No. 1. Thence East 520 vs to the Beginning.
Lot No. 3. Begins at the N. E. Corner of Lot No. 2. Thence North 275 4/5 vs
to a stake. Thence West 520 vs to a stake. Thence South 279 4/5 to the N. E.
Corner of Lot No. 2. Thence East 520 vs to the Beginning.
Lot No. 4. Begins at the N. E. Corner of Lot No. 3. Thence North 279 4/5 vs
to a Stake. Thence West 520 vs to a stake. Thence South 279 4/5 vs to the N. W.
corner of Lot No. 3. Thence East 520 with N. B. line of said No. 3 to the
beginning.
Lot No. 5. Begins at N. E. corner of No. 4. Thence North 279 4/5 vs to the N.
B. line of the tract now being divided. Thence West with said line 520 vs to a
stake. Thence South 279 4/5 vs to the N. W. Corner of Lot No. 4. Thence East
with N. B. line of said Lot 520 vs to the Beginning.
Lot No. 6. Contains 12 9/10 acres and is Set apart to Pleasant D. Lawson.
Beginning at the N. W. Corner of the tract being divided, it being the S. W.
Corner of a tract now owned by Dick Mason. Thence South 487 vs with W. B. line
of the tract now being divided to the S. W. corner of the same. Thence East 149
vs to a Stake. Thence North 487 vs to a stake in S. B. line of said Mason.
Thence West 149 vs to the Beginning.
Lot No. 7. Begins at the N. W. Corner of Lot No. 5. Thence West 633 vs to the
N. E. Corner of Lot No. 6. Thence South 230 vs with E. B. line of said Lot No. 6
to a Stake. Thence East 633 vs to the W. B. line of No. 5. Thence North 230 vs.
to the Beginning.
Lot No. 8. Begins at S. E. Corner of Lot No. 7. Thence West 633 vs to a Stake
on the S. B. line of Lot No. 6. Thence South 230 vs to a Stake. Thence East 633
vs to a Stake in the W. B. line of Lot No. 4. Thence North 230 vs to the
Beginning.
Lot No. 9. Begins at the N. E. Corner of Lot No. 8. Thence West 633 vs to the
S. W. Corner of Same on E. B. line of Lot No. 6. Thence South 27 vs to the S. E.
Corner of No. 6. Thence East 173 vs to the corner of the tract now being
divided. Thence South 279 vs to a Stake. Thence East 460 vs to a Stake in W. B.
line of No. 3. Thence North 306 vs to the Beginning.
Lot No. 10. Begins at the S. E. Corner of Lot No. 9. Thence West 460 vs with
S. B. line of No. 9 to the S. W. Corner of Same. Thence South 316 vs to a stake.
Thence East 460 vs to a Stake in W. B. line of No. 2. Thence North 316 vs to the
Beginning.
Lot No. 11. Begins at the S. E. Corner of Lot No. 10. Thence West 460 vs to
the S. W. corner of Lot No. 10, Thence South 316 vs to a Stake the N. W. corner
of 108 acres now owned by James N. Miller. Thence East 460 vs with Millers N. B.
line to a Stake the S. W. Corner of Lot No. 1. Thence North 316 vs. to the
Beginning.
We partition the above described Lots of Land among
the heirs to said Estate as follows to wit:
To Jeanette E. Benton we set apart Lot No. 1 of Prairie and Lot No. 1 of
Timber.
To Catherine Turner we set off Lot No. 2 (Two) Prairie and No. 2 of
Timber.
To Susan J. Miller we set off Lot No. 3 of Timber and No. 3 of Prairie.
To the heirs of Martin Fulbright we set apart Lot No. 4 of Prairie and
Timber.
To the Heirs of Henry S. Fulbright we set apart Lot No. 5 of Prairie and
Timber.
To Pleasant Lawson we set off Lot No. 6 of prairie and Lot No. 6 of
Timber.
To Belton B. Hooker and Larinda E. Harrison, heirs of William Fulbright
deceased we set apart Lot No. 7 of Prairie and Lot No. 7 of Timber.
To Peat Fulbright we set apart Lot No. 8 of prairie and Lot No. 8 of
Timber.
To Rebecca C. Turner heiress of Rebecca dec�d we set off Lot No. 9 of Prairie
and Lot No. 9 of Timber.
To Belinda C. Oliver we set apart Lot No. 10 prairie and Lot No. 10
Timber.
To Larinda D. McAlester we set apart Lot No. 11 of prairie and Lot No. 11 of
Timber.
All of which Lots are fully described in the above
Field notes and plat.
Your Commissioners having now fully discharged the duties enjoined upon them
by said Commissioners solemnly Swear that the partition as made by them in the
foregoing Report is just and fair to the best of their Knowledge and information
and that they have no interest in said partition.
David Rainey
J. A. Franklin
Sworn to and Subscribed before me this the 6th day of December 1875.
J. A. Bagby Clerk.
And it appearing to the Court that the partition of
the Land described in said Report by the Commissioners aforesaid is just and
fair, and the parties interested in the said Estate having made no objection to
the partition as made by said Commissioners, and none of said parties appearing
now in Court to oppose the same after having had due notice of the application
and the action of the Court thereon.
It is ordered that the Report of the Commissioners
aforesaid be approved and confirmed and that the Lands described in said Report
be and the same is hereby partitioned and set apart to the said heirs in
accordance with said Report.
And it is further ordered adjudged and decreed by
the Court that the heirs of David Fulbright decd as mentioned in said Report of
said Commissioners take and hold the Lots of Lands Set apart to them
respectively in said Report in their Own right free from claim or interest on
the part of their Cotenants.
It is further ordered by the Court S. A. Sims guardian ad litem appointed by
this Court representing the minor heirs in the proceedings for this partition be
allowed [illegible] Share for his Services to be paid out the interest of said
minors in said Estate and that the parties to this Suit each pay a proportional
part in cash.
John
Watson
} On this day this cause came on to be heard on the Report of the
v.
} Commissioners heretofore appointed by the Court of partition the
J. L. Fubright
} Lands belonging to the estate of Martin Fulbright among the heirs thereof
which
The State of Texas } said report is in words
and figures as follows to wit.
County of Red River } To the Hon John C. Easton, Judge of the 9th
Judicial District of the State of Texas.
We the undersigned Commissioners appointed at the
present term of Your Honors Court to partition certain lands between the heirs
of Martin Fulbright deceased (and for description of said Lands reference is
here made to deed from David Fulbright to the heirs of Martin Fulbright decd
conveying 470 acres as Benj. Gooche�s Headright and deed from James J.
[illegible] to Martin Fulbright conveying 13 31625/1000000 Labors of James
Graham�s Headright, both of Record, in the District Clerk�s office of Red River
County) beg leaves to submit the following as our action under said
appointment.
To J. L. Fulbright we partition 235 acres of the
first tract above mentioned. Beginning at the most Western North West corner of
the said Benj. Gooch Survey a Stake in the Prairie; Thence South 150 poles to a
Stake in the prairie. Thence North 150 poles to the most Southern and Eastern N.
W. corner of the said Benj. Gooch Survey. Thence West with the original line of
said Gooch 251 poles to the Beginning.
To John Watson in his own right & as Guardian of
Ella B. Watson we partition 235 acres of the first above mentioned 470 acre
tract of Land. Beginning at the S. E. Corner of the 235 acres set apart to J. L.
Fulbright. Thence South 150 poles to the original S. B. line of Benj. Gooch a
stake in the Prairie. Thence West with said Line 251 Poles to the Original South
West Corner. Thence North with the Original West line 150 poles to the South
West Corner of said J. L. Fulbright. Thence East 251 Poles to the Beginning. We
also partition to John Watson in his own right Guardian of Ella B. Watson 345
acres of Prairie Land of the James Graham Headright a part of the tract last
referred to above.
Beginning at the North West corner of [illegible]
343 acres Survey it being also a part of said Graham�s headright. Thence North
87 [degrees] E 1860 varas to S. W. Corner of 470 acres deeded to David
Fulbright, a stake at a P. O. N 62 E 11 varas do S. 27 [degrees] E 5 vrs do N.
69 [degrees] E 7 vrs both marked D. Thence North 650 varas with W. B. line of
said 470 acres tract a Stake, a P. O. N. 69 [degrees] E 4 vrs, a do S. 44
[degrees] W. 8 vrs both marked X. Thence S. 87 [degrees] W. 2646 varas to a
stake in said James Grahams W. B. line from which brs a lone P. O. N. 84
[degrees] E a do N. E. Thence S 20 [degrees] W 708 varas to the Original South
West corner. Thence S. 70 [degrees] E 1100 varas to a Stake in Prairie off
[illegible] South West corner. Thence North 441 varas with his W. B. line to the
Beginning.
Also 406 acres of Timber of same said Graham�s
headright. Beginning at the North East Corner of 295 acres of Prairie
Partitioned to J. L. Fulbright a Stake on the East side of Cuthand Creek from
which brs a Dogwood S. 26 [degrees] E. 3 vs a Hickory N 57 [degrees] E 4 vrs
both marked X. Thence South 87 [degrees] W 1506 varas to a stake. Thence North
1284 vs to a Stake on Grahams Original N. B. line. Thence S. 70 [degrees] E with
said line 1968 varas to the South East corner of a 470 acre tract of David
Fulbright. Thence West with N. B. line of said 470 acres 1342 varas to the N. W.
corner of same. Thence North 478 varras to the Beginning.
To J. L. Fulbright we partition 295 acres of Prairie
Land a part of the James Graham Headright it being the last tract referred to
above. Beginning at the North East corner of 345 acres partitioned to John
Watson in his own right as Guardian of Ella B. Watson. Thence North 650 varas to
a Stake on a Bluff on the East side of Cuthand Creek from which brs a Dogwood S.
26 [degrees] E. 3 vrs and a Hickory N. 57 [degrees] E 11 vrs both marked X.
Thence S. 87 [degrees] W 241 varas to a Stake in Edge of Blossom Prairie from
which brs a large P. O. N. 26 [degrees] E. 44 vs marked X. Thence S 20 [degrees]
W 691 vs to the North West Corner of 345 acres partitioned to John Watson a
Stake in Prairie from which brs a lone P. O. N 84 [degrees] E a do N. 14
[degrees] E. Thence North 87 [degrees] East 2646 varas with N. B. line of said
Watson�s 345 acres to the Beginning.
Also 443 acres of timber, a part of said James
Graham�s Headright. Beginning at the South West corner of 416 acres of Timber
partition to John Watson. Thence S. 87 [degrees] W. 1904 varas to a stake in N
Edge of Blossom Prairie the North West Corner of J. L. Fulbrights 295 acre
prairie tract from which brs a P. O. N. 20 E. 44 vrs, another N 61 E 12 vs both
marked X. Thence N 20 East 1950 vrs with Grahams W. B. line to his North West
Corner. Thence S 70 [degrees] E with the N. B. line of said Graham 1312 varas to
the N. West Corner of John Watson 416 acre tract of timber. Thence South 1284
varas with W. B. line of said tract to the Beginning.
David
Rainey
We the undersigned Commissioners hereby certify that the above is a Just and
fair partition of Lands between the heirs of Martin Fulbright deceased,
according to the best of our Knowledge and information.
David Rainey
J. H. Catin
R. W. T[illegible]
Sworn to and Subscribed before me the 21st day of February A. D. 1876.
Geo. B. Deane, J. P.
From Red River County, Texas Probate Records:
Heirs of David Fulbright:
1. Heirs of Martin Fulbright, deceased. 1 Share. Said heirs being J. L.
Fulbright, and Ella B. Watson, who is child of Ella Watson who was a daughter of
said Martin Fulbright deceased.
2. Heirs of Henry S. Fulbright, deceased. 1 Share. Said heirs being Jane E.
Fulbright, surviving widow of said Henry S. and their children, viz:
Joanna Watson wife of James Watson, Josephine Bailey, wife of J. A. Bailey,
Sallie McKee and Agnes McKee minor children of Catherine McKee, who was a
daughter of Henry S. Fulbright, deceased.
3. Belinda C. Oliver, wife of Edward R. Oliver. 1 Share.
4. Jane McAllister and Kate McAllister, minor children of Lorinda D.
McAllister, decd., wife of Jas. McAllister. 1 Share.
5. Pleasant Lawson Surviving husband of Christina Lawson deceased who died
childless. 1 Share.
6. Rebecca C. Turner who was a daughter of Rebecca Turner deceased. 1
Share.
7. Catherine Turner, wife of Rufus A. Turner. 1 Share.
8. Jeannetta E. Benton wife of Peter G. Benton. 1 Share.
9. Belton B. Hooker wife of R. H. Hooker and Lorinda Harrison wife of Henry
Harrison, heirs of William Fulbright deceased. 1 Share.
10. Susan J. Miller wife of Jas. Miller. 1 Share.
11. Peter Fulbright. 1 Share.