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L. P. Townsend joined by her husband to Higginbotham Brothers

In 1895, L. P. [?Townsend?] joined by her husband F. W. [?Townsend?] granted to [?Higginbotham?] Brothers a tract in the S.W. portion of the town of Dublin, Erath County, part of the Wm. Thomas survey, for $600 00/100 ($100 00/100 cash and a $500 00/100 note due eighteen months after date), with a vendor's lien retained.

From grantor
To grantee
Price consideration
The land land description
What passed mineral relevance
none
Kind instrument type
deed
When dates

Possible defects to review

Observations from the text, not legal conclusions. Verify against the source.

  • no spousal joinder — Grantor is a married woman 'L. P. Townsend joined by her husband'; the separate examination clause states she was 'privily examined by me... apart from her husband' and acknowledged she 'willingly signed the same' and 'did not wish to retract it,' so the joinder and privy examination are present. (possible)

Working notes

Keely O. Smith wife, and Roy, [?Dairey?], Minnie Bell and Edie Smith (children of C. R. Smith, a person of unsound mind) to Joel A. Smith

In 1895, [?Keely?] O. Smith (wife of C. R. Smith, a person of unsound mind) and the children Roy, [?Dairey?], Minnie Bell and Edie Smith conveyed to Joel A. Smith community property of C. R. and Keely Smith — one labor or 177 acres of the Daniel [?Dublin?] survey (Abstract No. 134), Erath County — for $379 44/100 ($126 44/100 cash and two notes each $126 5/100), the sale being to provide means to maintain the family.

Show the details of Keely O. Smith wife, and Roy, [?Dairey?], Minnie Bell and Edie Smith (children of C. R. Smith, a person of unsound mind) to Joel A. Smith
From grantor
To grantee
Price consideration
The land land description
What passed mineral relevance
none
Recorded at recording reference
Kind instrument type
deed
When dates

Possible defects to review

Observations from the text, not legal conclusions. Verify against the source.

  • other observation — Grantors act because 'C. R. Smith being non of unsound mind said Keely O. Smith has the management and control of said estate and is compelled to act as a feme sole,' and the land 'is sold for the purpose of providing means with which to maintain said Keely O. Smith and said children.' (likely)
  • no spousal joinder — C. R. Smith, the husband and record owner of the community property, does not sign because he is 'a person of unsound mind'; only the wife and children execute the deed. (likely)

Working notes

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— money · Townsend to Higginbotham Brothers
— money · Townsend to Higginbotham Brothers
— money · Townsend to Higginbotham Brothers
— bearing · Townsend to Higginbotham Brothers
— bearing · Townsend to Higginbotham Brothers
— bearing · Townsend to Higginbotham Brothers
— bearing · Townsend to Higginbotham Brothers
— date · Townsend to Higginbotham Brothers
— uncertain-word · Townsend to Higginbotham Brothers
— uncertain-word · Townsend to Higginbotham Brothers
— uncertain-word · Townsend to Higginbotham Brothers
— uncertain-word · Townsend to Higginbotham Brothers
— uncertain-word · Townsend to Higginbotham Brothers
— uncertain-word · Townsend to Higginbotham Brothers
— money · Smith to Joel A. Smith
— money · Smith to Joel A. Smith
— money · Smith to Joel A. Smith
— money · Smith to Joel A. Smith
— acreage · Smith to Joel A. Smith
— bearing · Smith to Joel A. Smith
— bearing · Smith to Joel A. Smith
— bearing · Smith to Joel A. Smith
— bearing · Smith to Joel A. Smith
— bearing · Smith to Joel A. Smith
— bearing · Smith to Joel A. Smith
— date · Smith to Joel A. Smith
— date · Smith to Joel A. Smith
— date · Smith to Joel A. Smith
— uncertain-word · Smith to Joel A. Smith
— uncertain-word · Smith to Joel A. Smith
— uncertain-word · Smith to Joel A. Smith
— uncertain-word · Smith to Joel A. Smith
— uncertain-word · Smith to Joel A. Smith
— uncertain-word · Smith to Joel A. Smith
— uncertain-word · Smith to Joel A. Smith
— uncertain-word · Smith to Joel A. Smith
— uncertain-word · Smith to Joel A. Smith
— uncertain-word · Smith to Joel A. Smith
— uncertain-word · Smith to Joel A. Smith
Read the verbatim record — L. P. Townsend joined by her husband to Higginbotham Brothers
The State of Texas, County of Erath. Know all Men by these Presents: That we L. P. Townsend joined by her husband of the County of Erath and in the State of Texas for and in consideration of the sum of Six hundred ($600 00/100) Dollars, paid and secured to be paid by Higginbotham Brothers as follows: One hundred ($100 00/100) dollars cash in hand paid the receipt of which is hereby fully acknowledged, and one promissory note of even date with deed for the sum of five hundred ($500 00/100) dollars executed by Higginbotham Bros. and payable to the order of L. P. Townsend on or before Eighteen months after date have GRANTED, SOLD and CONVEYED... unto the said Higginbotham Brothers of the County of Erath and State of Texas, all that certain tract or parcel of land situated in the S.W. portion of the town of Dublin Erath Co Texas, being a part of the Wm. Thomas survey and bounded as follows: Beginning at a stake in the South boundary line of the Texas Central Rail Road Right of way, at a point where the RailRoad Right of way intersects the East boundary line of Comanche Street as shown in map or platt of Ross addition to Dublin for the N.W. Cor. of this. Thence S.17 W. with E. line of Comanche Street 40 4/5 vrs. a stake for the S.W. cor of this. Thence S.71 E. 63 vrs a stake for the S.E. Cor of this. Thence N.15 E. 43 4/5 vrs to the South boundary line of said right of way the N.E. Cor of this. Thence N.74 W. with said right of way 63 vrs to place of beginning. To Have and to Hold... unto the said Higginbotham Brothers and their heirs and assigns forever. And we do hereby bind ourselves our heirs, executors and administrators, to WARRANT AND FOREVER DEFEND... unto the said Higginbotham Brothers and their heirs and assigns... it is expressly agreed and stipulated that the Vendor's Lien is retained against the above described property... until the above described note, and all interest thereon, are fully paid, according to at Dublin its face and tenor... Witness our hands this 22nd day of Oct A.D. 1895. L. P. Townsend, F. W. Townsend. Signed and Delivered in Presence of. THE STATE OF TEXAS, County of Erath. Before me L. E. Gillett a Notary Public in and for Erath County, Texas, on this day personally appeared F. W. Townsend 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 22nd day of Oct A.D. 1895. L. E. Gillette Notary Public Erath Co. Texas. The State of Texas, County of Erath. Before me L. E. Gillette Notary Public in and for Erath County Texas, on this day personally appeared L. P. Townsend wife of F. W. Townsend Known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me she executed the same for the purposes and consideration therein expressed. And the said L. P. Townsend wife of the said F. W. Townsend having been examined by me privily and apart from her husband and having the same by me fully explained to her, she the said L. P. Townsend 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 22 day of Oct 1895. L. E. Gillette Notary Public Erath Co. Texas. THE STATE OF TEXAS, County of Erath. I, J. S. Minter Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing... (blank recording certificate).
Read the verbatim record — Keely O. Smith wife, and Roy, [?Dairey?], Minnie Bell and Edie Smith (children of C. R. Smith, a person of unsound mind) to Joel A. Smith
The State of Texas, County of Bell. Know all Men by these Presents: That we Keely O. Smith wife and Roy Smith, Dairey Smith, Minnie Bell Smith and Edie Smith only children of C. R. Smith a person of unsound mind of the County of Bell in the State aforesaid, for and in consideration of the sum of Three hundred and seventy nine 44/100 Dollars, to us paid by Joel A. Smith as follows: To wit: $126 44/100 cash in hand paid the receipt of which is hereby acknowledged and the further consideration of said Smith's two promissory notes of even date herewith, 1st note for the sum of $126 5/100 due Nov. 1st 1896 and 2nd note in sum of $126 5/100 due Nov. 1st 1897 and payable to Keely O. Smith or order at Cameron Texas have GRANTED, SOLD and CONVEYED... unto the said Joel A. Smith of the County of Erath and State of Texas, all that certain tract or parcel of land situated Erath County, Texas, being the Daniel Dublin one Labor survey, Vol. No. 14 Patent No. 446 Certificate No. 8, Abstract No. 134 described as follows to wit: Beginning at the S.W. cor. of a survey made for L. Gilmore for the S.E. cor. of this survey from which a Post Oak mkd X bears S 55 W. 30 vrs and a Post oak brs 70 vrs. Thence S 60 W. 190 vrs crosses Gilmore creek, 1000 vars to S.W. cor. a live Oak mkd X brs N.71 W. 28 vars. Thence N 30 W. 344 vrs recrosses Gilmore creek, 1000 vars to N.W. cor in prairie, no bearing trees near. Thence N. 60 E. 1000 vars to mound for N.E. cor. Thence S 30 E. 1000 vars to the place of beginning containing one Labor or 177 acres of land. The foregoing land is the community property of C. R. Smith and his said wife Keely O. Smith, C. R. Smith being non of unsound mind and said Keely O. Smith has the management and control of said estate and is compelled to act as a feme sole and the aforesaid land is sold for the purpose of providing means with which to maintain said Keely O. Smith and said children. To Have and to Hold... unto the said Joel A. Smith his heirs and assigns forever. And we do hereby bind ourselves our heirs, executors and administrators, to WARRANT AND FOREVER DEFEND... unto the said Joel A. Smith his heirs and assigns... (the Vendor's Lien clause struck through). Witness our hands this 3rd day of May A.D. 1895. Keely O. Smith, Dairy Smith, Edie Smith, Minnie Bell Smith, Roy Smith. Signed and Delivered in Presence of. THE STATE OF TEXAS, County of Bell. Before me, H. R. Pendleton a Notary Public in and for Bell County, Texas, on this day personally appeared Mrs. Keely O. Smith, Dairy Smith, Edie Smith & Minnie Belle Smith, all known to me to be the persons whose names are subscribed to the foregoing 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 3rd day of May A.D. 1895. H. R. Pendleton Notary Public Bell County Texas. The State of Texas, County of Milam. Before me Sam Streetman County Judge in and for Milam County Texas, on this day personally appeared Roy Smith, 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 6th day of May, 1895. Sam Streetman County Judge Milam County Texas. THE STATE OF TEXAS, County of Erath. I, J. S. Minter Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing, dated on the 3rd day of May A.D. 1895, with its Certificate of Authentication, was filed for record in my office the 28th day of October A.D. 1895, at 7 45 o'clock A.M., and duly recorded this 31st day of October A.D. 1895, in Volume 45 on Page 37 Records of said County... at office in Stephenville. Witness my hand and the Seal of the County Court of said County. J. S. Minter Clerk, By W. H. Minter Deputy. Filed for record this 28 day of October A.D. 1895 at 7 45 o'clock A.M. J. S. Minter County Clerk. Recorded Oct 31st A.D. 1895 in Erath County Record of Deeds Book 45 Page 37. J. S. Minter County Clerk, By W. H. Minter Deputy.