Book E, Page 428 Thomas Haynes Sells 120 Acres to Elizabeth A. Lytle
March 19, 1857
Note: Elizabeth A. Lytle was Thomas and Celia Haynes’ next door neighbor to the north. She started off with 3,000 acres she bought from Edward M. Glenn, including the house Glenn and his family were living in. Thomas sold her this 120 acre tract, plus another 50 acres later (see Book G, page 54). She later married and became Elizabeth Stockdale.
Particularly perplexing in this case is that the property description is so vague that it is impossible to tell which land Thomas is selling. In addition, he was supposed to have only 100 acres of “timber and bottom land” (also poorly described) in this area, yet somehow he wound up selling 170 acres to Elizabeth, while still retaining all the timber and bottom land on his side of the creek.
State of Texas Link to Google Map
County of Jackson
This indenture, made and entered into this 19th day of March, 1857, between Thomas Haynes and Celia Ann, his wife of the one part, and Elizabeth A. Lytle of the other part, WITNESSETH, that in consideration of the sum of one thousand dollars ($1,000) to them in hand paid, the receipt whereof is hereby acknowledged, the said Haynes and wife have this day and do by these presents bargain, sell, alien, and convey unto the said Lytle a certain parcel of land situated and being in the County of Jackson and State of Texas, and being a part of the Musquiz survey, on the west side of the Lavaca River, containing about one hundred and twenty (120) acres, more or less, and bounded as follows, to wit:
Beginning at the mouth of the gully or bayou, just above the house of said Haynes, and extending up the same to an ash tree, near an old bridge;
Thence across the hill in a direction to a bunch of post oaks standing in the prairie to a stake standing thirty yards beyond the line of the plank fence extending from said Lytle’s plantation to said Haynes’;
Thence with the course of said fence and parallel with it, the same distance of thirty yards from it, to the dividing line between said Haynes and Lytle;
Thence along said line to the beginning.
To have and to hold the said tract of land, with the appurtenances to the said Lytle, her heirs and assigns forever. And the said Haynes for himself, his heirs &c doth covenant and agree to warrant and defend the title for the said tract of land with the appurtenances aforesaid against himself, his heirs, and all others forever by these presents.
In testimony whereof the said Haynes and wife have hereunto set their hands and scrolls for seals the day and year aforesaid.
Thomas Haynes (seal)
C. A. Haynes (seal)
THE STATE OF TEXAS
COUNTY OF CALHOUN
BEFORE ME, J. H. Sanders, a Notary Public in and for said County and State, this day personally appeared Thomas Haynes and Celia Ann Haynes, his wife whose signature are attached to the foregoing instrument of writing, and signed the same in my presence acknowledging that they did so for the purposes and considerations therein set forth and the said Celia Ann Haynes, being examined by me separate and apart from her said husband, and having the said Deed read and explained to her, did acknowledge this her said act, was of her own free will and accord and without any compulsion from her said husband.
In testimony whereof I have hereunto set my hand and notorial seal at Lavaca this 19th day of March A. D. 1857
J. H. Sanders, Notary Public, Calhoun County.
Note: Elizabeth A. Lytle was Thomas and Celia Haynes’ next door neighbor to the north. She started off with 3,000 acres she bought from Edward M. Glenn, including the house Glenn and his family were living in. Thomas sold her this 120 acre tract, plus another 50 acres later (see Book G, page 54). She later married and became Elizabeth Stockdale.
Particularly perplexing in this case is that the property description is so vague that it is impossible to tell which land Thomas is selling. In addition, he was supposed to have only 100 acres of “timber and bottom land” (also poorly described) in this area, yet somehow he wound up selling 170 acres to Elizabeth, while still retaining all the timber and bottom land on his side of the creek.
State of Texas Link to Google Map
County of Jackson
This indenture, made and entered into this 19th day of March, 1857, between Thomas Haynes and Celia Ann, his wife of the one part, and Elizabeth A. Lytle of the other part, WITNESSETH, that in consideration of the sum of one thousand dollars ($1,000) to them in hand paid, the receipt whereof is hereby acknowledged, the said Haynes and wife have this day and do by these presents bargain, sell, alien, and convey unto the said Lytle a certain parcel of land situated and being in the County of Jackson and State of Texas, and being a part of the Musquiz survey, on the west side of the Lavaca River, containing about one hundred and twenty (120) acres, more or less, and bounded as follows, to wit:
Beginning at the mouth of the gully or bayou, just above the house of said Haynes, and extending up the same to an ash tree, near an old bridge;
Thence across the hill in a direction to a bunch of post oaks standing in the prairie to a stake standing thirty yards beyond the line of the plank fence extending from said Lytle’s plantation to said Haynes’;
Thence with the course of said fence and parallel with it, the same distance of thirty yards from it, to the dividing line between said Haynes and Lytle;
Thence along said line to the beginning.
To have and to hold the said tract of land, with the appurtenances to the said Lytle, her heirs and assigns forever. And the said Haynes for himself, his heirs &c doth covenant and agree to warrant and defend the title for the said tract of land with the appurtenances aforesaid against himself, his heirs, and all others forever by these presents.
In testimony whereof the said Haynes and wife have hereunto set their hands and scrolls for seals the day and year aforesaid.
Thomas Haynes (seal)
C. A. Haynes (seal)
THE STATE OF TEXAS
COUNTY OF CALHOUN
BEFORE ME, J. H. Sanders, a Notary Public in and for said County and State, this day personally appeared Thomas Haynes and Celia Ann Haynes, his wife whose signature are attached to the foregoing instrument of writing, and signed the same in my presence acknowledging that they did so for the purposes and considerations therein set forth and the said Celia Ann Haynes, being examined by me separate and apart from her said husband, and having the said Deed read and explained to her, did acknowledge this her said act, was of her own free will and accord and without any compulsion from her said husband.
In testimony whereof I have hereunto set my hand and notorial seal at Lavaca this 19th day of March A. D. 1857
J. H. Sanders, Notary Public, Calhoun County.