Court petition, 1842

The Republic of Texas County of San Augustine District Court Spring Term AD 1842

To the Honorable the Judge of the 5th Judicial District holding Court in and for said county

The Petition of Aaron Car of the heirs of William R. Johnson deceased who are William Johnson the father of the said William R. and Mary late the Wife of latter man the Wife of Robert Jantzinger the said Robert here joining and authorizing this suit and the heirs of James Davidson who are his sons William Davidson and Francis Davidson and his daughters who are Ann the Wife of William B. Gill the said William B. here joining with his wife and authorizing this suit, Elizabeth Wife of John Davidson the said John here joining and authorizing this suit Mary the Wife of Alfred Bludworth who here joins his said Wife and authorizes this suit and a Grand son of the said James Davidson, James S. Cartwright a minor under the age of Twenty one years being the only son and heir at law of Patsy a daughter of the said James Davidson who died the Wife of Thomas Cartwright Who is the father of the said James S. Cartwright and his Guardian and by whom the said James S. Cartwright brings and presents this suit, Humbly complaining sheweth Your Honor that one George Teal, a Citizen of the County of San Augustine and Republic of Texas and who joins petitioner prays may be made a party defendant to the action did heretofore to wit, on the tenth day of April in the year of Our Lord One thousand eight Hundred and thirty seven and on endures other days and times between that day and the commencement of this suit in the County aforesaid with force and arms break and enter into a certain [clo?] of the said petitioners situate lying and being in the said County of San Augustine on the Attoyac river about ten leagues east from the City of Nacogdoches and bounded as follows that is to say Commencing at the place where the main road known as the Old San Antonio road

crossed the said River Attoyaque on the 30th day of August A D 1827 thence up the said River North Ten thousand varas to a stake Witness trees a red Oak and a gum on which the brand of a certain Francesco Guerrero is cut thence east crossing the Bayou Arengo and the head waters of the Bragodos fifteen thousand varas to a stake witness trees two white oaks and three red oaks all marked with the said Guerreros Branding iron bounded on the east on land Known on the day and year last aforesaid as Raymond Quark's and Richard Sims thence south crossing the said main road (the San Antonio road) the Bayou Bernardo and Bayon Bevara north a line known on the day and year last aforesaid as Richard Sims. fifteen thousand varas to a stake witness trees two white oaks and one pine all marked as aforesaid bounded on lands deemed vacant on the day and year last aforesaid thence towards the west being the fourth time passing a small Bayou to the Rock of the said Atteyaque again being fourteen thousand eight hundred and seven varas where was placed a stake on the margin of the said River witness trees a white oak and prickly ash marked as the other trees the mark fronting said stake and containing two chains and varas Crossing the river to the island between the river and the Bayou which island at the greatest part is found to be eleven Hundred varas wide and the length then up seventeen Hundred and thirty one varas the said Bayou exsten from the place where the river enters it to where it empties again into the Attayaque

is a line between the close of your petitioners known as the Guerrero land and the land of the [..] Zarlos which said survey or close forms a [equara] containing eight Leagues four thousand and forty nine thousand and five Hundred ad fifty varas and is known in the county aforesaid as the Guerrero Claim and the said defendant then and there to wit on the said tenth day of April AD 1837 and [en divus] other days as aforesaid in the county aforesaid cut down and destroyed the trees and timber of your petitioners and said to cut down oak trees elm trees Hickory trees and Chesnut trees and then said dedendant has from the day and year first aforesaid kept and still continues to your petitioners expelled from and depossessed of their aforementioned premises and the said defendant has ever since the day and year first aforesaid occupied and enjoyed and [....] the issues and proffits of and still continues to occupy enjoy and recur the issues and proffits of the said premises and the appurtenances thereto belonging the same being of great yearly value to amt of the yearly value of five thousand Dollars Whereby your petitioners during all the time aforesaid have not only had their lands aforesaid trespassed on and injured as aforesaid but have lost the issues and proffits of the said remises and appurtenances and have been deprived of theeir ever own priviledge of cultivating the same and the said defendent to the said petitioners other money and injuries than and there did to them damage Twenty five thousand Dollars your petitioners therefore Pray your Honor to cause a citation to issue requiring the same defendents to be and appear at the next term of the District Court to be holden in and for said County of San Augustine at the Court House in the City of San Augustine on the fourth Monday in March next then and there to remain the premises and that the said defendent [......] and then adjudged and decreed to deliver up immediately the abvoe described promises or lands to your petitioners and that the said defendent be then and there adjudjed and decreed to pay to your petitioners the aforesaid sum of Twenty four thousand Dollars for their damage aforesaid together with the coast of this suit.

Your petitioners pray your Honor for such other and further relief as by the laws of the land they may be entitled and as in duly brought they wil ever pray

Jennings Ochiltree & Frizzel attys for Petitioners

Aaron Coe & others vs George Teal -

This action is brought as a suit to try betters as to recover damages is Pennings Ochiltree & Frizzell for Plaintiffs

A copy test

J. B. Tilmson C.C.