Monday, April 28, 2014

Amanuensis Monday~Forced Land Sale


 
Amanuensis Monday is a genealogy blogging theme. It was started by John Newmark who writes the TransylvanianDutch blog.
 
His definition of Amanuensis is:
Amanuensis: A person employed to write what another dictates or to copy what has been written by another.
Today’s subject is a Fannin County, Texas 1899 Forced Land Sale.1
SELLERS-WITT LAND DEED. BK 70, Pg 573


SELLERS-WITT LAND DEED. BK 70, Pg 574(top)
SELLERS-WITT LAND DEED. BK 70, Pg 574(Bottom)

















SELLERS-WITT LAND DEED. BK 70, Pg 575 









Forced Sale of Land -- Fannin County, Texas 1899
M. A. Sellers & L. M. Witt}
By Sheriff} The State of Texas}
? { Dud} Fannin County} 
J. R. Mayfield. } Know all men by these presents, that whereas, by virtue of a certain Order of Sale issued out of the District Court of the County of Fannin in favor of Wills and Smith vs M. A. Sellers and L. M. Witt on certain Judgement and Decree of Sale, rendered on the 15th day of August 1899, and directed and delivered to me as Sheriff of Fannin County, commanding me to seize and sell the premises described in said Order of Sale, I, W.W. Ridling, Sheriff as aforesaid, did, upon the 6th day of October 1899, levy upon and advertise for sale the said premises as described in said Order of Sale, by giving public notice of the time and place of sale by causing an advertisement thereof to be posted at three public places in the County aforesaid, one of which was the Court House door of said County, for twenty days successively next before the day of said sale, and by Defendant's having waived Notice of Sale. Defendants having no attorney of record and on the first Tuesday in November A.D. 1899, within the hours prescribed by law, sold said property at public venue in the County of Fannin, at the Court House door thereof, and the premises hereinafter described are struck off to J. R. Mayfield for the sum of Three Hundred and One Dollars, he being the highest bidder there for and that being the highest bid for same.
Now, Therefore, in consideration of the premises aforesaid, and of the payment of the sum of Three Hundred and One (301) Dollars, the receipt of which is hereby acknowledged, I, W. W. Ridling, Sheriff as aforesaid, have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey, unto the said J. R. Mayfield all of the estate, right, title and interest which the said M. A. Sellers, L. M. Witt, Mrs. Tina Sellers, J. C. Sellers, A. J. Sellers and W. A. Sellers had on the 15th day of August 1899 or at any time afterwards, in and to the following named premises, as described in the order of sale Viz; 48 Acres out of the J. Swagerty survey, in said Fannin County about 21 miles Northeast from Bonham and being the same land conveyed by C. E. Edwards, J. C. and S. A. Denton, H.C. and S. J. Lock and C. M. and M. L. Harrison to S. A. and M. A. Sellers and L. M. Sellers (now Witt) by deed bearing date of November 29th 1893, reference is hereby made to said deed for better description, as against M. A. Sellers, L. M. Witt, Mrs. T. Sellers, J. C. Sellers, A. J. Sellers and W. A. Sellers.
To have and to hold the above described premises, unto the said J. R. Mayfield, his heirs and assigns, forever, as fully and absolutely as I, Sheriff as aforesaid can convey by virtue of said Order of Sale.
In testimony Whereof, I have hereunto set my hand, this 8th day of November A.D. 1899, W.W. Ridling, Sheriff
Fannin County, Texas 

 
[Actual Deed obtained by Lou Poole and mailed/E-mailed to Charles L. Purvis on 21 April 2014 at which time Deed was transcribed in it entirely and published here. Deed located in Fannin County Deed Book # 70, pp. 573-575.]

 
The Sellers involved in this lawsuit are all descendants of Noah Sellers and Timmey Parsons. 
 
Noah Sellers - son of of William Sellers and brother to my 2nd Great Grandfather William Eddins Sellers. Noah was born in Chesterfield County, SC; died in Tennessee.
M. A. Sellers - Mary Annettie Sellers, daughter of Noah & Timmey.
L. M. Sellers – Lillie May Sellers, daughter of John Calhoun Sellers. Grand daughter of Noah Sellers. Later known as L. M. Witt. (Lillie May Sellers married William M. Witt 21 October 1894, Fannin County, Texas).
Mrs. T[ina]  Sellers - Christina Caledonia, daughter of Andrew Jackson Sellers; She married James Henry Sellers, James Calhoun's oldest son by first marriage 2
J. C. Sellers - James Calhoun Sellers, son of Noah Sellers
A. J. Sellers - Andrew Jackson Sellers, son of Noah Sellers
W. A. Sellers – William A. Sellers, Sr., son of Noah Sellers

My next plan of action is attempting to secure a copy of the “Order of Sale issued out of the District Court of the County of Fannin” to see how and why my ancestors lost their land.



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[1] Land Deed - Forced Sale of Land -- Fannin County, Texas 1899; 8 November 1899; Deed Book #70; Page(s) 573-574; Register of Deeds; Bonham, Fannin County, Texas; 21 April 2014.
[2] "Texas, Marriages, 1837-1973," index, FamilySearch (https://familysearch.org/pal:/MM9.1.1/FX3R-DB7 : accessed 25 Apr 2014), William M. Witt and Lillie Sellars, 21 Oct 1894; citing , Fannin, Texas, , reference 2:2CMKK2G; FHL microfilm 1293831.














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