Book N, Page 103 Amos W. Haynes Sells 700 Acres
to His Oldest Daughter, Mary Julia Haynes Whalen
August 13, 1886
State of Texas No map is shown since the deal was reversed
County of Jackson
This indenture made and entered into this the 13th day of August, 1886, by and between Amos Haynes of said county and state of the first part and Mary Julia Whalen (formerly Mary Julia Haynes) joined by her husband, Michael (C.) Whalen of Jackson County, Texas, of the second part, witnesseth: that for and in consideration of four thousand dollars ($4,000) paid to the said Amos Haynes, party of the first part hereto, by the said Mary Julia Whalen, one of the parties of the second part, the receipt whereof the said party of the first part hereby fully acknowledges, and for the further consideration hereinafter set forth, the said Amos Haynes has granted, bargained, and sold, and by these presents does grant, bargain, sell, and convey unto the said Mary Julia Whalen the following described real and personal proper, to wit:
First: The lower half (½) of fourteen hundred (1,400) acres of land out of the tract of five and one half (5½) leagues in Jackson County, Texas, originally granted to Ramon Musquiz on the west side of the Lavaca River. The said 1,400 acres is further described as a part of the tract of three thousand (3,000) acres known as the homestead place of the late Thomas Haynes, deceased, who was father to the said Amos Haynes, grantor herein, and is the upper part of 2,360 acres conveyed to said Amos Haynes by his mother, Celia A. Haynes, by deed dated on the 21st day of August, 1882 and recorded on page 403 deed book “K” Jackson County records, and is that part of said 2,360 acres which remains to the said Amos Haynes after taking there from nine hundred and sixty (960) acres which the said Amos Haynes conveyed to his mother, the said Celia A. Haynes, by deed dated on the 2nd day of April, 1883 and recorded on pages 412 and 413 deed book “K” records of said Jackson County.
The aforesaid one-half hereby conveyed has never been surveyed and separated from the remainder of said fourteen hundred (1,400) acres, but this instrument is intended to convey to said Mary Julia Whalen an entire half of said fourteen hundred acres, should the said tract of 1,400 acres when surveyed be found to contain either more or less than 1,400 acres.
Second: And one half (½) of the stock of cattle running in Jackson and surrounding counties branded “AH”, said stock of cattle is estimated to contain hour hundred (400) head.
To have and to hold the above described property real and personal, together with all and singular the rights and appurtenances thereto in any wise belonging unto the said Mary Julia Whalen, her heirs and assigns forever. And the said Amos Haynes does hereby bind himself, his heirs, executors, and administrators to warrant and forever defend, all and singular, the above described and conveyed property unto the said Mary Julia Whalen, her heirs and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof.
The consideration paid for the above conveyed real and personal property being of the separate means of the said Mary Julia, which she owned and possessed before her marriage with the said Michael Whalen, it is intended by this conveyance that the above described and conveyed tract of land and stock of cattle together with the increase thereof shall be the separate property and estate of the said Mary Julia Whalen. And in addition to the said sum of four thousand dollars paid to the party of the first part herein as above set forth, the said Mary Julia Whalen, joined by her husband as aforesaid, in consideration of the above and foregoing conveyance has released and does by these presents forever release unto the said Amos Haynes all indebtedness of any kind whatsoever of the said Amos Haynes to her the said Mary Julia up to the date hereof; and she joined by her husband as aforesaid does hereby declare that this instrument shall be full receipt and acquittance to the said Amos Haynes of all claims of every kind whatsoever, whether for property or for money that she the said Mary Julia has at this date or may have heretofore had against the said Amos Haynes, and further that this instrument is intended by her and her said husband as full evidence of the complete payment to her by the said Amos of all such indebtedness and claims.
It is further agreed between the parties hereto, as the stock of cattle, one half of which is by this instrument conveyed, is branded with a brand that belongs to the said Mary Julia, that the said Amos Haynes may and shall within twelve months from the date hereof counter-brand the other half of said stock and brand the same with some other and different brand.
In testimony whereof we have hereunto set our hands on the 13th day of August, 1886.
In addition to that part of this instrument wherein it is set forth that the same shall be receipt for and evidence of payment of all claims held by said Mary Julia Whalen against said Amos Haynes, the said Mary Julia joined as aforesaid by her husband here sets forth that as the said Amos has heretofore been appointed by the proper court of said Jackson County guardian of the estate of the said Mary Julia while she was a minor and before her marriage as aforesaid, the conveyance above to her of the land and cattle herein described and conveyed is received by her in full settlement of all things due her from her said estate by her said guardian and that this instrument shall be receipt to said guardian for her whole estate, which as said guardian he has had in possession and that this instrument shall be evidence, complete and full, that she has received to her entire satisfaction from her said guardian all of her said estate and that she has also received from said Amos Haynes all other indebtedness and claims either for money or property which she has or has hitherto had against him outside of and not connected with said guardianship.
Amos Haynes
Mary J. Whalen
M. C. Whalen
...
State of Texas No map is shown since the deal was reversed
County of Jackson
This indenture made and entered into this the 13th day of August, 1886, by and between Amos Haynes of said county and state of the first part and Mary Julia Whalen (formerly Mary Julia Haynes) joined by her husband, Michael (C.) Whalen of Jackson County, Texas, of the second part, witnesseth: that for and in consideration of four thousand dollars ($4,000) paid to the said Amos Haynes, party of the first part hereto, by the said Mary Julia Whalen, one of the parties of the second part, the receipt whereof the said party of the first part hereby fully acknowledges, and for the further consideration hereinafter set forth, the said Amos Haynes has granted, bargained, and sold, and by these presents does grant, bargain, sell, and convey unto the said Mary Julia Whalen the following described real and personal proper, to wit:
First: The lower half (½) of fourteen hundred (1,400) acres of land out of the tract of five and one half (5½) leagues in Jackson County, Texas, originally granted to Ramon Musquiz on the west side of the Lavaca River. The said 1,400 acres is further described as a part of the tract of three thousand (3,000) acres known as the homestead place of the late Thomas Haynes, deceased, who was father to the said Amos Haynes, grantor herein, and is the upper part of 2,360 acres conveyed to said Amos Haynes by his mother, Celia A. Haynes, by deed dated on the 21st day of August, 1882 and recorded on page 403 deed book “K” Jackson County records, and is that part of said 2,360 acres which remains to the said Amos Haynes after taking there from nine hundred and sixty (960) acres which the said Amos Haynes conveyed to his mother, the said Celia A. Haynes, by deed dated on the 2nd day of April, 1883 and recorded on pages 412 and 413 deed book “K” records of said Jackson County.
The aforesaid one-half hereby conveyed has never been surveyed and separated from the remainder of said fourteen hundred (1,400) acres, but this instrument is intended to convey to said Mary Julia Whalen an entire half of said fourteen hundred acres, should the said tract of 1,400 acres when surveyed be found to contain either more or less than 1,400 acres.
Second: And one half (½) of the stock of cattle running in Jackson and surrounding counties branded “AH”, said stock of cattle is estimated to contain hour hundred (400) head.
To have and to hold the above described property real and personal, together with all and singular the rights and appurtenances thereto in any wise belonging unto the said Mary Julia Whalen, her heirs and assigns forever. And the said Amos Haynes does hereby bind himself, his heirs, executors, and administrators to warrant and forever defend, all and singular, the above described and conveyed property unto the said Mary Julia Whalen, her heirs and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof.
The consideration paid for the above conveyed real and personal property being of the separate means of the said Mary Julia, which she owned and possessed before her marriage with the said Michael Whalen, it is intended by this conveyance that the above described and conveyed tract of land and stock of cattle together with the increase thereof shall be the separate property and estate of the said Mary Julia Whalen. And in addition to the said sum of four thousand dollars paid to the party of the first part herein as above set forth, the said Mary Julia Whalen, joined by her husband as aforesaid, in consideration of the above and foregoing conveyance has released and does by these presents forever release unto the said Amos Haynes all indebtedness of any kind whatsoever of the said Amos Haynes to her the said Mary Julia up to the date hereof; and she joined by her husband as aforesaid does hereby declare that this instrument shall be full receipt and acquittance to the said Amos Haynes of all claims of every kind whatsoever, whether for property or for money that she the said Mary Julia has at this date or may have heretofore had against the said Amos Haynes, and further that this instrument is intended by her and her said husband as full evidence of the complete payment to her by the said Amos of all such indebtedness and claims.
It is further agreed between the parties hereto, as the stock of cattle, one half of which is by this instrument conveyed, is branded with a brand that belongs to the said Mary Julia, that the said Amos Haynes may and shall within twelve months from the date hereof counter-brand the other half of said stock and brand the same with some other and different brand.
In testimony whereof we have hereunto set our hands on the 13th day of August, 1886.
In addition to that part of this instrument wherein it is set forth that the same shall be receipt for and evidence of payment of all claims held by said Mary Julia Whalen against said Amos Haynes, the said Mary Julia joined as aforesaid by her husband here sets forth that as the said Amos has heretofore been appointed by the proper court of said Jackson County guardian of the estate of the said Mary Julia while she was a minor and before her marriage as aforesaid, the conveyance above to her of the land and cattle herein described and conveyed is received by her in full settlement of all things due her from her said estate by her said guardian and that this instrument shall be receipt to said guardian for her whole estate, which as said guardian he has had in possession and that this instrument shall be evidence, complete and full, that she has received to her entire satisfaction from her said guardian all of her said estate and that she has also received from said Amos Haynes all other indebtedness and claims either for money or property which she has or has hitherto had against him outside of and not connected with said guardianship.
Amos Haynes
Mary J. Whalen
M. C. Whalen
...