Polk County Texas Archives Court.....Davis, Et Al June 3, 1907
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File contributed for use in USGenWeb Archives by:
William Dowden wtdowden@gmail.com October 14, 2014, 8:25 pm

Source: Volume H, Official Records, Honorable District Court Of Polk County, Texas
Written: June 3, 1907

Cause Number 3254:   Leon Davis, et. al.   VS Mrs. Myra Davison, et. al.



On this the 3rd day of June A.D. 1907 came on to be heard the above styled and 
numbered cause and the Defendant T. J. Womble being called came not, though 
duly cited in every respect according to law but wholly made default, whereupon 
it was all considered by the Court that the Plaintiffs Leon Davis, Ovie Davis 
and Mrs. S. F. Taylor, ought to have and recover of and from the said 
Defendant, T. J. Womble the premises in controversy; it is therefore ordered, 
adjudged and decreed that the said Plaintiffs do have and recover of and from 
the said Defendant that certain tract of land situated in Polk County, Texas, 
about twelve miles South East of the Town of Livingston and being the William 
Davis pre-emption survey of one hundred and sixty acres patented to said Davis, 
patent dated September 26, 1863, of record in Vol "I" pages 638 of Deed Records 
of Polk County, Texas, and there upon all the other parties, Defendants and 
Plaintiffs appeared and announced ready for trial, and announced to the Court 
that the matter in controversy between them had been settled by agreement and 
in accordance with that agreement had entered the following judgement-to-wit.   
It is ordered, adjudged and decreed by the Court that the Plaintiff take 
nothing against the Defendant, Mrs. Myra Davison in so far as this suit affects 
that certain forty acres of the William Davis survey patented to William Davis 
by Patent No. 61, Vol. 18, and the said 40 acres thereof beginning at the North 
West corner of the J. C. Pitt survey.   Thence, South with Pitts line to 
branch.   Thence, North West with the meanderings of said branch to the North 
line of said William Davis survey.  Thence to the North West corner of said 
Pitts survey, the place of beginning, and as to said forty acres said 
Defendant, Mrs. Myra Davison shall recover of Plaintiff the same and go hence 
with recover of Plaintiff the same and go hence with out delay and recover of 
Plaintiffs costs in this behalf by her expended and it is further ordered, 
adjudged and decreed by the Court that the Plaintiffs Leon Davis, Ovie Davis 
and Mrs. S. F. Taylor, do have and recover of and from the Defendant W. F. 
Harsey all that certain tract of land situated in Polk County, Texas and being 
an undivided interest of forty-five acres in and to the William Davis Survey of 
one hundred and sixty acres, patented by Patent No. 61, Vol. 18 of Record in 
Vol. "I", page 568 of the Deed Records of Polk County, Texas, save and except 
there of the tract of forty acres here in above decreed to Mrs. Myra Davison, 
that is, the  Plaintiffs have and recover of and from said Defendant, Harsey, 
an undivided interest of forty-five acres in and to the remaining one hundred 
and twenty acres of the William Davis survey after deducting there from the 
said forty acres tract decreed herein to Defendant Mrs. Myra Davison and for 
the same the said Plaintiffs may have their writ of possession and it is 
further ordered, adjudged and decreed by the Court that Defendant, W. F. 
Harsey, do have and recover of and from the Plaintiffs Leon Davis, Ovie Davis, 
and Mrs. S. F. Taylor an undivided interest of 75 acres in and to the remaining 
one hundred and twenty acres of said William Davis survey after deducting 
therefrom the said forty acre tract herein decreed to Mrs. Myra Davison, and 
from the same the said Defendant Harsey may have his writ of possession.    And 
it is further ordered, adjudged and decreed that Defendant W. F. Harsey and the 
Plaintiffs pay all cost by them respectively incurred, for which execution may 
issue.

Additional Comments:
Even as far back as this Court record of 1907 the "undivided interest" of land 
within the William Davis survey still existed.   This Court Record does not 
mention the Bluewater Cemetery, a portion of which existed in 1907 in the 
William Davis survey, but the tracts of land in question are not the same as 
mentioned in the field notes.

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