Friday, July 30, 2010

John S. Patillo's Deeds In Dispute In Texas

Court case (Baird et al vs Patillo et al) listed in The Southwestern reporter.... : of J. S. Patillo, deceased, to Bartlett S. Smith. Certified copies from the probate records of Harrison County were introduced into evidence, showing that Edwin Carter was appointed administrator of said Patillo's estate January 2, 1850; that appraisers were appointed May 28, 1851; that at the June term, 1851, the administrator filed a petition, stating that no property had come to his possession or knowledge belonging to the estate, except an unconditional certificate for 320 acres of land, and, as the costs of the administration would have to be paid, it would be necessary to sell such certificate to raise funds for that purpose, and he prayed the court to grant an order to sell the same, which order was granted, as prayed for, at the same term of court. At the August term, 1851, of said probate court, Carter, the administrator, made a return, which was confirmed by said court, showing that he had sold "the unconditional headright certificate granted to the heirs of said decedent, John S. Patillo, by the county court of Rusk county at the May term thereof A. D. 1851, third class and numbered four hundred and thirty-two, for three hundred and twenty acres of land," to Bartlett S. Smith. The transcript from said probate court also shows that said administration was closed at the April term, 1852. It was shown that John S. Patillo died October 5, 1839, in Jefferson Co., Tex., where he resided. The defendants offered in evidence a deed from Edwin Carter, as administrator of Patillo's estate, to Bartlett S. Smith, and mesne conveyances from said Smith down to themselves. The...[for the rest see the court case link above].

John S. Patillo
Rusk County, Texas
320 acres, 3rd class

On "Detour Through History" there is a copy of John S. Patillo's Texas land grant No. 493 referred to in this paragraph of the court case:

The plaintiffs in the court below introduced in evidence a certified copy of a title from the state of Texas to the heirs of John S. Patillo, deceased,--patent No. 493, vol. 44, located by virtue of U. B. certificate No. 18/77, issued by the general land office Sep-..... .

Acquiring a copy of the court case from the Court of Civil Appeals of Texas, January 17, 1894, with the exhibits (including John Patillo's probate file from Harrison Co, Texas) is something I would like to pursue.

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