Council Proceedings: December 15, 1899

Marshal's Return. Came to hand the 18th day of October 1899 at the hour of Two o'clock P.M. and executed in part of the same day and at the same hour by levying the annexed execution upon the right, title and interest of the within named defendant John A. Thornton in and to Lot 1 in Block 6 of Edwards Addition to the City of Fort Worth in the County of Tarrant and State of Texas and in and to the northeast one fourth of Block 9 of Sandidge's Addition to the said City of Fort Worth in the County of Tarrant and State of Texas, and further executed on the 19th day of October A. D. 1899 by publicly advertising the time and place of marking lots of the real the said real estate above described by posting of written notices thereof at three public places in the said County of Tarrant and State of Texas one of which was at the door of the court house of the said county & by delivery to the written named defendant a true copy of said Bill of Sale.

And the said writ of execution was further executed on the 5th day of December 1899 the same being the first Tuesday in December 1899 by selling said described premises at public vendors at the door of the court house of the County of Tarrant in the State of Texas the same being in the City of Fort Worth in said County between the hours of illegible ten o'clock A.M. and four o'clock P.M. of said sale and the property to be sold by posting of notices which thereof at the public places in said for more than twenty days successively [such?] before the day of sale by posting of written notices thereof at three public places in said County of Tarrant one of which was at the door of the court house of said County and by delivering to said defendant John Thornton in person a true copy of said notice of sale as is required by law.

And of the said sale said possessions were seperately struck off to the City of Fort /worth as follows to wit:- Lot 1 of Block 6 of Edwards Addition to the City of Fort Worth in Tarrant County Texas was struck off to said City of Fort Worth for the sum of ten dollars, is being the highest and best bid made for the same. And the said Northeast one fourth of Block 9 in Sandridges Addition to the said City of Fort Worth was as in Tarrant County Texas was also struck off to the said City of Fort Worth which was the highest and best bidder therefore for the sum of ten dollars which was the highest bid made for the same.

And the assessment of each of said bids is hereby credited upon the within [wish?] and I have executed and delivered to said City of Fort Worth my deeds as marshal as aforesaid conveying to said City the said possessions or such interest as I can convey thereon by notice of said proceedings

And finding no other property of said defendant subject to execution within said City of Fort Worth I return this execution unsatisfied in [just?].

W. M. Rea Marshal of the City of Fort Worth

The State of Texas.

To the Marshal of the City of Fort Worth, in the county of Tarrant and State of Texas:-

Whereas on to wit:- the 12 day of September A. D. 1899, in a certain cause then pending in the Corporation Court of the City of Fort Worth in the County of Tarrant and State of Texas numbered 759 on the docket of said court wherein the State of Texas was plaintiff and John A. Thornton was defendant said plaintiff the State of Texas recovered judgment against said defendant John A. Thornton for the sum of Ten dollars and all costs of suit as is manifest of record in Book Judges docket on Page 109 of the records of said court which said judgment remains and is in full force and effect and has not been paid off, satisfied or in anywise discharged or suspended.

Therefore you are hereby commanded that of the goods, and chattels, land and tenements of the said defendant John A. Thornton which are not by law exempt from execution you make or cause to be made the aforesaid sum of Ten Dollars. dollars and ________________ cents, with interest thereon from the date of said judgment as heretofore set forth until paid at the rate of six per centum per annum and the further sum of Thirteen and 75/100 cents by way of cots of suit and the further cost of executing this writ.

Herein fail not and make due execution and return of this writ on or before the 17th day of December 1899xthe same being sixty days from the date of its issuance, certifying hereon the manner and particulars of the execution hereof.

Attest John T. Montgomery City Secretary of the City of Fort Worth and Clerk of the Corporation Court of said City

Given under my official signature and the seal of the said Corporation Court of the said City of Fort Worth at office in said City this the 17th day of October 1899.

[Seal]

Jno T. Montgomery City Secretary and Clerk of the Corpora tion Court of the City of Fort Worth.

BILL OF COSTS.

Filing 10¢ Dock 25¢ Appearance 15¢ 2 Subpeonas 50¢ 6 additional names 90¢ Entering motion 10¢ Swearing of witnesses 90¢ Administrating oath & certificate 50¢ Swearing empanneling jury, recording verdict 50¢, filing papers 10¢ Taxing Cost 25¢ entering judgment 50¢ arrest & bond 2.00 summarizing and witness 4.00 Jury fee 3.00

Total Cost $13.75

I, John T. Montgomery City Secretary of the City of Fort Worth and Clerk of the Corporation Court of said City do hereby certify that the foregoing is a true and correct bill of the costs incurred in a certain cause in the said court wherein the State of Texas was plaintiff and John A. Thornton was defen ant numbered 759 on the docket of said court and that said costs were by said court adjudged against said defendant.

Given under my official signature and seal of the said Corporation Court at my office in the City of Fort Worth this 17th day of October 1899.

[Seal]

Jno T. Montgomery City Secretary and Clerk of the Corporation Court of the City of Fort Worth.

No. 759 State of Texas vs. Execution Jno A. Thornton

18th 2 p.m. 1 10 am 1 10 am

FILED 12/10 1899 Jno T. Montgomery CITY SECRETARY

Fort Worth, Texas, _______________ 189 _____

Be it Resolved,

We, Your Committee,

Fort Worth, Texas, Dec. 15th, 1899.

To the Mayor and City Council, Fort Worth, Texas;

Gentlemen:-

In the matter of the title to the bridge over the Clear Fork at the west end of Seventh Street, — commonly known as the Arlington Heights bridge bridge, I beg to submit the following report to wit:-

Acting under instructions from the City Council I caused an abstract of title to be made, showing the condition of the title to the land on which the bridge stands as such title appears of record in this county. I have also interviewed many citizens having personal knowledge of some one or another fact bearing upon the title in question.

After a careful examination of the stated, having also thoroughly considered such outside facts as I could learn, I have come to the conclusion that the said bridge is located upon a public stretch in the City of Fort Worth and that it is the right and duty of the City to take charge of repair and control the bridge in the interest of the public and as one of the highways on which it is entitled to track.

In my opinion of the Fort Worth and Arlington Heights Street Railway Company or its assigns has any right upon this bridge then said right consists only of an easement for a single line of track and the right to run its cars back and forth along said line.

While making this investigation I have understood by correspondence with Mr. Barry of New York City who is trustee for the owners of the Arlington Height street car line to bring about an offer as I could recommend to the