Coleman County, Texas - Deed - J. R. Brooke Contributed for use in UsGenWeb Archives by: Brown V. Brooke *************************************************************************** USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net *************************************************************************** A statement of facts given in the District court of Coleman Co., Texas No. 2076 J. R. Brooke Vs. John Needham et al, :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::: Certified Copy of Statement of Facts Filed for Record, 10 AM, Feby. 15, 1928 J. R. Brooke } } No. 2076 Vs } In the District Court of Coleman County, Tex. } November term, A.D. , 1917 John Needham et al, } STATEMENT OF FACTS: Be it remembered that, on the trial of the above entitled and numbered cause, in the Honorable District Court, of Coleman County, Texas, before the Hon. J.O. Woodward, Judge of the 35th Judicial District of the State of Texas, on the 8th day of November, A.D., 1917, the following are the facts and all the facts proven, to-wit:- 1.- The plaintiff introduced in evidence Patent No. 76 Vol. 2, issued by the State of Texas, to John Needham, dated January 18th, 1855, and filed for record, in Coleman County, Texas, May 16th, A.D. ,1881, and Recorded in Book F, page 402, Deed Records of Coleman County, Texas, Granting to said John Needham his heirs and assigns forever, 2,083,333 square varas of land, situated in Coleman county, Texas, known as survey No. 497. 2.- Plaintiff next introduced in evidence the patent No. 523 Vol. 12 issued by the State of Texas, to J.D. Paulk, on the 4th day of October, A.D., 1881, granting to J.D. Paulk, his heirs and assigns 80 acres of land situated in Coleman County, Texas, known as survey No. 112, the land in controversy being part of said survey. 3.- Plaintiff next introduced in evidence Patent No. 232, Vol. 9, issued to Cornelius McAuley, on the 21st day of July, A.D., 1879, by the State of Texas, granting to said Cornelius McAuley his heirs and assigns 160 acres of land, in Coleman County, Texas, the land in controversy being part of said survey. 4. Plaintiff next introduced in evidence a tax deed from L.D. Greaves Sheriff and Ex-Officio Tax Collector of Coleman County, Texas, to C. McAuley dated May 10th , A.D., 1878, filed for Record, July 19th, A.D., 1880, and recorded in Vol. C. page 753, Deed Records of Coleman County, Texas, conveying to said C. McAuley, 320 acres of land, situated in Coleman County, Texas, in the John Needham survey No. 497, said land being sold for the State and County Taxes due for the year 1877. Duly acknowledged before E.C. Jones, J.P., and Ex-Officio Notary Public, Coleman County, Texas, May 10th 1878. 5. - Plaintiff next introduced in evidence Deed from C. McAuley and wife Rebeca McAuley, to Daniel M. Paulk, dated October 4th , A.D., 1879, Filed for Record July 19th , A.D., 1880, and Recorded in Vol. C. page 755, Deed Records of Coleman County, Texas, conveying to said Daniel M. Paulk, 80 acres of land out of the John Needham survey No. 497. Being the S.W. quarter of said survey No. which deed is duly acknowledged before L.C. Williamson County Clerk of Coleman County, Texas, on July 19th , 1880. 6.- Plaintiff next introduced in evidence deed from Daniel M. Paulk, to J.G. Brooke, conveying part of the John Needham survey No. 497 in Coleman County, Texas, describing same by field notes, dated November 12th , 1883, filed for record June 28th, 1884, recorded in Vol. K. page 497 Deed Records of Coleman County, Texas. Acknowledgement taken by Jesse Johnson, J.P., and Ex-Officio Notary Public Coleman County, Texas, on the 12th day of November 1883. 7.- Plaintiff next introduced in evidence deed from C.McAuley to I.R. Brooke, conveying a part of the John Needham Survey No. 497, in Coleman County, Texas, being part of the land in controversy in this suit, dated October the 4th, 1879, Recorded in Vol. C. page 292 Deed Records of Coleman County, Texas, which deed is duly acknowledged before W.C. Perry, Clerk of the District Court of Coleman County, Texas, dated 4th day Oct, 1879. 8.- Plaintiff next introduced in evidence an agreement in the nature of a deed wherein defendants J.F. Trahin and wife Sophia Trahin, Robert Epps and wife Willie Epps, convey to Mrs. E.P. Brooke all the lands in Coleman County, Texas, belonging to the estate of I.R. Brooke, deceased, which were the C. McAuley and part of the John Needham survey No. 497, dated 9.- Plaintiff introduced in evidence a deed from defendants Burley Brooke to Allie Tabor, Lula Harvey, Anna Ransbarger, Joe Brooke and Jim Brooke heirs of Mrs. E.P. Brooke deceased, ratifying the contract shown in the 8th paragraph of this statement of facts, dated March 3rd, 1910, and filed for record March 18th, 1910, and recorded in Vol. 70, page 497, Deed Records of Coleman Conty, Texas, conveying all lands mentioned and described in said contract referred to. 10.- Plaintiff next introduced in evidence deed from J.D. Paulk to J.G. Brooke, dated November 12th, 1883, filed for record June 28th, 1884, and recorded in Vol. K, page 496, Deed Records of Coleman County, Texas, conveying the J.D. Paulk survey No. 112 for 80 acres of land situated in Coleman County, Texas, being part of the land in conversy. 11.- Plaintiff next introduced himself as a witness, who after being duly sworn testified as follows. I am the plaintiff in this case. I know all the land in controversy in this case. I was raised on the land in controversy in this case. I am the son of J.G. Brooke and Mrs. E.P. Brooke, both of whom are dead. They left surviving them the following named children viz. Myself, J.R. Brooke, Lula Harvey, wife of M.E. Harvey, Allie Tabor, wife of D.S. Tabor, Annie Ransbarger, wife of Walter Ransbarger, and Jim Brooke, the persons named are all the children of J.G. Brooke and Mrs. E.P. Brooke., J.G. Brooke was never married but one time and that was to my mother, Mrs. E.P. Brooke; After my father, J.G. Brooke died, my mother married a man by the name of J.D. Morgan; They separated, and my mother obtained a divorce from him. My mother never had any child or children by said Morgan. Neigher J.G. Brooke nor E.P. Brooke ever had any child or children to die before they died leaving any child or children or other decendants surviving them. I remember about the time my father purchased the land in controversy. I was a small boy, and can only remember the circumstance. He first purchased the J.D. Paulk 80 acre survey, and he went into immediate possession of same sued the same for farming purposes and resided on same. He next purchased about 80 acres from Dan Paulk, out of the John Nedham survey No. 497, and went into immediate possession of same. My grand-father purchased 80 acers from C. McAuley, out of the John Needham survey, in about the year 1880, he also purchased from C. McAuley and wife the C. McAuley survey No. 42 for 160 acres. My grandfather's name was I.R. Brooke, and he died in about the year 1884 or 1885 in east Texas, he died after my father died, My father never left any will, neither did my grandfather, after the death of my father and grandfather, my mother and the brothers and sisters of my father had a settlement of the estate of my grandfather and the lands situated in Coleman county, Texas known as the John Needham and C. McAuley survey which belonged to my grandfather fell to my fathers heirs. And the lands referred to therein is the John Needham survey No. 497, and C. McAuley survey No. 42, situated in Coleman County, Texas; when my father died, my mother continued to reside on said land and premises up to her death, except for a short period of time when she moved to Santa Anna for the purpose of sending us children to school and one season in Coleman while we children were in school, during this time she had said premises rented. After my mother died, which was about the 9th day November 1909, and I have sesided on said premises ever since, her death, my father and mother during the time they lived, resided on said land, cultivating and enjoying the same and paid all taxes thereon or that was assessed against said land, and after mother's death, we children paid all taxes thereon, up to the partition of same between us which was 1910, That during the time my father and mother resided on said land they were claiming the same under the deed which they had to same, and which has been introduced in evidence here. During the time I have been in possession of said land, I was claiming the same as an heir of J.G. Brooke and Mrs. E.P. Brooke, my father and mother, and under the deeds from the other heirs to me, and deed from Anna Ransbarger and husband, and Allie Tabor and husband, to me which deeds have been introduced in evidence here, my father was holding said land for themselves, and claiming the same adversley to every one else, and since the partition between the heirs, of J.G. Bbrooke and Mrs. E.P. Brooke, my father and mother, I have claimed title and posession of said lands under the deeds to my father and mother and the deeds from the other heirs to me of their interest in the lands sued for in this suit, I have had and held adverse possession of all the lands described in my partition, for more than five years before the filing of my petition in this case, to from the 18th day of November 1910, to the present time, cultivating, using and enjoying the same, and paying all taxes thereon, and have peaceable, adverse possession of same during all of said time, since I have known said land, and I have known it nearly all my life, no one has ever asserted any adverse claim to same or any part thereof, My title to same was never questioned by any one. 12.- Plaintiff next introduced in evidence deed from Anna Ransbarger and husband, Walter Ransbarger, Lula Harvey and husband M.E. Harvey, Allie Tabor and husband D.S. Tabor, and J.O. Brooke, heirs of J.G. Brooke and Mrs. E.P. Brooke, deceased, to plaintiff, J.R. Brooke, dated March 30th, A.D., 1910, filed for record April, 18th, A.D., 1910, and recorded in Vol. 68, page 112, Deed Record of Coleman County, Texas, conveying to him 27.46 acres of land out of the John Needham survey No. 497, 54.22 acres of land out of the C. McAuley survey No. 42, being in the aggregate 84.68 acres of land out of the two surveys, and being part of the land in controversy. 13.- Plaintiff next introduced in evidence, a deed from Anna Ransbarger and husband, Walter Ransbarger, Lula Harvey and M.E. Harvey, J.R. Brooke and J.O. Brooke, to Allie Tabor, dated March 30th 1910, Recorded in Vol. 68, page 115, Deed Records of Coleman County, Texas. 14.- Plaintiff next introduced in evidence a deed from allie Tabor and husband D.S. Tabor, to J.R. Brooke, this plaintiff, dated April, 18th, A.D., 1910 and filed for record April, 18th, 1910, and recorded in vol. 68, page 120 Deed Records of Coleman County, Texas. 15. Plaintiff next introduced in evidence, deed from Allie Tabor and husband D.S. Tabor, Lula Harvey and husband M.E. Harvey, J.R. Brooke, and J.O. Brooke to Anna Ransbarger, dated March 30th, 1910, filed for record, April, 18th, 1910, recorded in Vol. 68, page 116, Deed Records of Coleman County, Texas. 16.- Plaintiff, next introduced in evidence, a deed from Anna Ransbarger and husband, Walter Ransbarger, dated April 18th, 1910, filed for record April, 18th, 1910, recorded in Vol. 68, page 121, Deed Records of Coleman Conty, Texas. We, T.H. Strong, attorney for the plaintiff and R.B. Ragsdale, attorney for the defendants and each of the defendants, hereby agree that the above and foregoing pages of type written matter are a full, true, and complete Statement of all the facts proven on the trial of the above entitled and numbered case, adduced on the trial of said cause, in the District Court of Coleman County, Texas, at its November term, 1917, before the Hon. J.O. Woodward, judge of the 35th Judicial District of the said State of Texas. T.H. Strong, Attorney for plaintiff. R.B. Ragsdale, Attorney for defendants. Examined and approved this 12th day of November A.D., 1917, as a true Statement of Facts in the Above cause. J.O. Woodward, Judge of the 35th Judicial District of Texas. THE STATE OF TEXAS,} COUNTY OF COLEMAN,} I, W.E. Gideon, Clerk of the District Court in and for Coleman County, Texas, do hereby certify that the above and foregoing is a true and correct copy of the Original Statement of Facts as approved in cause No. 2076, J.R. Brooke vs, John Needham, et al, as the same appears now on file in said Court. GIVEN UNDER MY HAND AND THE SEAL OF SAID COURT, at office in Coleman, Texas, this the 14th day of February, A.D., 1928. W.E. Gideon, Clerk District Court, Coleman County, Texas