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Matches 151 to 200 of 1,117

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151 Avery Cemetery, Hot Springs Arkansas Burrough, Lester James (I9892)
 
152 b Robert Edward Boykin, son of Sion Lee Boykin.

1870 Gonzales Co, TX Census. See Sion Lee Boykin.

1880 Age abt 16. Gonzales Co., TX Census. See Sion Lee Boykin.
Was in Wharton Co., TX in 1889.

1900 Age abt 36. Try Soundex.

1910 Age abt 46. Try Soundex.

1920 Age abt 56. Try Soundex.

Campbell Information. See Aurora Campbell. Elizabeth Ashworth File.
...Robert E. BOYKIN, living in Wharton in 1889, apparently was of age to
transact legal business, so must have been born no later than 1868. His
uncle, Alexander CAMPBELL, once wrote that the Boykins' post office was
"Horton Co., Hortonsville" when he last heard. On an early list of Campbell heirs these brothers appear as "Sion & Robert BOSTICK, children of said
Mrs. Aurora by her second husband who was Sion BOYAKIN." Bostick must have been a slip of the pen.

1 Dec 1997 telephone conversion. Glynn Boykin File.
NOT CONFIRMED AS THE SON OF SION LEE BOYKIN.
...Attended Navarro College at Hubbard?
...Gives DOB as 1867.

6 Dec 1997 telephone conversion. Glynn Boykin File.
...Died Nov 1938. He & sister were only children of a second marriage.

L&D 215-3: Packet dated 13 Oct 1997. Rowena Calhoun File.
...BOYKIN - See file for content. Letter from William Joseph Boykin, Yoakum, TX dated 11 Apr 1892 to Mr. & Mrs. J.M. Bell (daughter) in Fairview, Wilson Co., TX.

Packet and Letter dated 19 Oct 1998. Naomi McLaughlin File.
Family Group Sheets

Packet dated 12 Nov 1998. Naomi McLaughlin File.
1880 Gonzales Co., TX Census. See Sion Lee Boykin 
Boykin, Robert Edward (I4982)
 
153 Bain Cemetary, Garland Co., Ark. Bain, Mitchel Elijah (I5960)
 
154 Bain Cemetary, Garland Co., Ark. Faught, Imogene (I6084)
 
155 Bain Cemetary, Garland Co., Ark. Bain, Rural Cleveland (I9860)
 
156 Bain Cemetary, Garland Co., Ark. Bain, David C (I9863)
 
157 Bain Cemetary, Garland Co., Ark. Smith, Uless Clifton (I9873)
 
158 Bain Cemetary, Garland Co., Ark. Bain, Steven Clifton (I9874)
 
159 Bain Cemetery, Garland Co., Ark. Lee, Ida Mae (I6792)
 
160 Bangs, Texas Parsons, Nick (I9520)
 
161 Baptized 1729 Greenland, Rockingham, Nh Larrabee, Isaac (I4816)
 
162 Baptized 1729 Greenland, Rockingham, NH Larrabee, Mary (I4825)
 
163 Baptized Apr 23 1738 Sacrborough, Cumberland, Me Larrabee, Ezekiel (I4822)
 
164 Baptized Aug 10 1735 in Kittery, York, Me Merrick, Isaac (I4799)
 
165 Baptized Dec 24 1732 in Scarborough, Cumberland, NH Larrabee, John (I4838)
 
166 Baptized Jan 26 1630 Larrabee, William (I4872)
 
167 Baptized Jan 8 1737 in Scarborough, Cumberland, Me Larrabee, Joseph (I4820)
 
168 Baptized Jun 10 1733 Larrabee, Ezekiel (I4819)
 
169 Baptized Jun 12 1743 in Sacrborough, Cumberland, Ma Larrabee, Olive (I4823)
 
170 Baptized May 1 1715 in portmouth, Rockingham, NH Larrabee, Eleanor (I4836)
 
171 Baptized May 1 1715 in Portmouth, Rockingham, NH Larrabee, Sarah (I4842)
 
172 Baptized May 1 1715 in Portmouth, Rockingham, NH Larrabee, Jane (I4846)
 
173 Baptized May 27 1715 in Portmouth, Rockingham, NH Larrabee, Elizabeth (I4833)
 
174 Baptized May 3 1747 Libby, Hanna (I4807)
 
175 Baptized May 3 1747 Libby, Susanna (I4809)
 
176 Barber Moore, William (I2601)
 
177 Barnabas Myrick was born in 1728 In Harwick, Mass, and married Ellis Bangs b. 1731 in Harwich, Mass. They had eleven children. One son was named Zenas.
 
Merrick, Barabas (I4461)
 
178 Based on his place in the list of his siblings found in his father’s will, Alan Brownlow was probably born about 1510. He was a son of Henry Brownlow and Margaret. He made his will on February 12, 1548/9. In his will, he describes himself as being “one of the sonnes of Henry Brownlow late of the Byggyng.” He also stated that he intended to “voyage to London and then to leynd my self unto some occupation.” In his will, he mentioned his brother in law Roger Storer, Agnes, daughter of Roger Storer, Elizabeth Brownlow his sister, his mother, his brother William Brownlow, John the son of Thomas Maddok of Atlow, his brother Thomas Brownlow and, father in law Robert Hetheley. He died in London, and his estate was inventoried by Thomas Maddock and Henry Lylee. He never married, and he had no children. Brownlow, Alan (I3356)
 
179 Benjamin M. Hodges was born in 1823 in Tennessee to Edmund and Sarah McClain Hodges. Benjamin arrived in Houston County in the Republic of Texas in 1837 with his siblings, his mother and McClain grandparents subsequent to his father's death at Bolivar, Hardeman County, Tennessee on July 31, 1832.

Benjamin's father, Edmund (born 1794 NC.), a private in Captain Caperton's Tennessee Militia, fought in the Battle of Talledega in the war of 1812. He married Sarah McClain (born 1798 GA) near Winchester, Franklin County, Tennessee on July 29, 1812. Edmund and Sarah became parents of Hettie (Rutherford), Rebecca (Chapman), Abel, Isaac James, Benjamin M., Parthenia (Speer), Jacob Mickler and Sarah (Hallmark). The last account of Sarah McClain Hodes was when she was listed as a War of 1812 widow in Limestone County, Texas in the 1883 SENATE EX. DOCUMENT #84.

In the newly formed Republic of Texas, headrights were given to the heads of families and single men who settled and proved they were loyal citizens. Benjamin's mother, Sarah McClain Hodges, received a 2nd Class land grant for 1,280 acres issued to those who arrived in the republic after March 2, 1836 but prior to October 1, 1837. Sarah's father, William McClain, her son Abel, and son-in-law Robert Chapman also received land grants. Benjamin was granted 320 acres on June 4, 1844 after he turned twenty-one and proved he had lived in the Republic for three years and was a loyal citizen.

When Texas joined the United States, Mexico still claimed it as its own and broke diplomatic relations with the U. S. Government. The Mexican War broke out and a Company of Texas Mounted Volunteers was mustered into federal service on June 19, 1846. Benjamin M. Hodges was recruited at Crockett, Houston County, Texas into Company H of the Second Regiment. General Zachary Taylor headed a military campaign in northern Mexico against Mexican armies under the command of General antonio Lopez de Santa Anna. The two armies met at Monterrey, Mexico in a three-day battle i September 1846 when Santa Anna was defeated. Benjamin Hodges was discharged on October 15, 1846. Family history suggests that he lost a leg during the war.

On December 23, 1846 Benjamin married Mary Speer (born 1834 AR), daughter of Levy and Sarah (Dixon) Speer. They became the parents of eight children: Sarah (Fowler), Parthena Jane (Rodgers), Susan, William Carroll, Isaac James, Mary Angeline (Grimes), Lula (Moon), and Asa Jackson Hodges.

Benjamin was unable to serve in the Confederate Army because of his leg but he did serve in the Home Guard in Houston County during the Civil War. After the war Benjamin's family, his brother Isaac's family and his sister Hettie Rutherford's family moved across the Trinity River into Leon County in the late 1860's. On June 4, 1870 Benjamin sold 120 acres of land in Leon County to Joseph L. Taylor for $300.00 located on the headwaters of Forked Deer Creek to where it crosses Clear Creek, a part of the Kennard survey excepting ten acres deeded to Jeremiah Phillips.

The Hodges were members of the Clear Creek Baptist Church which is a part of the Trinity River Baptist Association. Benjamin settled his family above Clear Creek where he built a log house with no windows and one door. At night they had to put the eating table across the door to keep the panthers and other wild animals out. When the panthers would get after the baby calves, they would have to tear the fence down so the cows could get to their calves and fight the panthers off.

The graveyard at Clear Creek was started by the Hodges when Benjamin's brother Isaac went home and collapsed April 1, 1871 after working hard one Saturday on a new church building. He is buried on the apex of the cemetery. The youngest child of Benjamin and Mary ws only three years old when Benjamin died. Benjamin called him to the bed and patted him on the head and said, "Be a good boy!". He died on April 16, 1878 near Marquez, Leon County, Texas and is buried at Clear Creek Cemetery. His grave was marked with a "Citizen of the Republic of Texas" bronze marker by descendants in 1990. 
Hodges, Benjamin Minor (I5667)
 
180 Bertie Brownlow

Name: Eli A Brownlow
Titles & Terms:
Event: Death
Event Date: 26 Oct 1930
Event Place: Mclennan, Texas
Gender:
Marital Status:
Certificate Number: 49873
Burial: Bosqueville, Texas

1920 Brownlow EA Mclennan Co.
Name:E A Brownlow
Residence: , McLennan, Texas
Estimated Birth Year: 1856
Age: 63
Birthplace: Lousiana
Relationship to Head of Household: Self
Gender: Male
Race: White
Marital Status: Single
Father's Birthplace: Louisiana
Mother's Birthplace: Flordia
Film Number: 1821831
Digital Folder Number: 4390895
Image Number: 00800
Sheet Number: 4
Household Gender Age
Parent
Oscar Coleman M 25y
Hattie Coleman F 19y
Lyn Coleman M 3y0m
Clarra Coleman F 1y1m
George Coleman M 9y

E A Brownlow M 63y
Ira Brownlow M 20y
Archie Brownlow M 18y
Bertie Brownlow M 16y
EA 63
Ira 20
Archie 18
Bertie 16

Hettie dies 29 May 1911. In 1914 Eli was struggling trying to raise Archie, Bertie, Hettie and Mandy, Eli was put in jail and the kids were moved to the orphans home.

1910 Census McLennan Co.
Brownlow Eli A.
This document says Eli and Hettie had been married 29 years. She had 14 kids and 12 still alive.
Eli A 54 Lousiana Father Born Georgia Mother Lousiana
Hettie 46 Texas Father Born Georgia Mother Texas
Children
Maggie 15 Texas
Martin 13 Texas
Ira 11 Texas
Archie 8 Texas
Bertie 7 Texas
Hettie 3 Texas
Mandy 8/12 Texas

1900 Census DeWitt Texas
Lillie G 17
Lee A 16
Oliver W 11
Eugene A 10
Josephine 8
Maggie L 5
Martin 3
Otis C 1

Year Surname Given Name(s) County State Page Township Database ID#
1880 BROWNLOW ELI A. Karnes Co TX 003 Helena TX28955107

Elias Albert Brownlow and his wife, Hettie. They married ca.1880/1, moved from Karnes County, TX to DeWitte Co, TX to McLennan Co., TX. Their children were Lillie G.(born 1882), Lee A. (born 1884), Oliver W. (b.1888), Eugene A. (b.1890), Josephine (b.1892), Maggie (b.1894), Martin (b.1897), Ira C.(1899), Archie (b.1902), Bertie (b.1903), Hettie (b.1907), and Maudy Brownlow(b.1910). Wife, Hettie, died before the 1920 Census.

1880 Census:

Name: Eli A. Brownlow
Residence: Karnes, Texas
Birthdate: 1855
Birthplace: Texas, United States
Relationship to Head: Other
Spouse's Name:
Spouse's Birthplace:
Father's Name:
Father's Birthplace:
Mother's Name:
Mother's Birthplace:
Race or Color (Expanded): White
Ethnicity (Standardized): American
Gender: Male
Martial Status: Single
Age (Expanded): 25 years
Occupation: Farm Laborer
NARA Film Number: T9-1315
Page: 3
Page Character: B
Entry Number: 228
Film number: 1255315
Household Gender Age
Wm. C. Mayfield M 54
Mary A. Mayfield F 45
Charles H. Mayfield M 20
Mary L. Mayfield F 18
Elizabeth A. Mayfield F 13
Ada L. Mayfield F 8
Carrie N. Mayfield F 6
John L. Mayfield M 2
Eli A. Brownlow M 25
Peter Coleman M 21
Jake Young M 22
Levi Hall M 25
Mathalina M 25
Clara Duprick F 16

1870 Census
Ely Brownlow 14 1855 Louisiana White Victoria, Victoria, TX Male
Genter William Brownlow 15 1854 Tennessee Colored Victoria, Victoria, TX Male Servant
James M Brownlow 19 1850 Louisiana White Victoria, Victoria, TX Male
Melinda Brownlow 8 1861 Texas White Victoria, Victoria, TX Female
Melinda Brownlow 46 1823 North Carolina White Victoria, Victoria, TX Female

1860 Census Victoria Tx
Willaim M Brownlow 38 South Carolina
Amelia 33 Florida
Mary E 13 Florida
James M 10 Lousiana
Eli A 3 Lousiana
N. williams 18 Florida

Marriage Record
Brownlow, E. A. to Hettie Boykin by William Vordenbaumen, JP - Nov 03 1881
 
Brownlow, Elias Albert (I942)
 
181 Bethel Cemeter Jackson County, Alamaba Brown, Sarah Lavinia Arrabella (I7943)
 
182 Bill Jerome Lindsey Sr. went home to be with Jesus on Sunday, June 7, 2009.
Funeral: 12:30 p.m. Wednesday in Moore Funeral Home Chapel. Interment: Moore Memorial Gardens. Visitation: 6 to 8 p.m. Tuesday at the funeral home.
Memorials: In lieu of flowers, the family requests donations be made to Christ Wesleyan Church, 3709 Harwood, Box 91, Bedford, Texas 76095, or Community Hospice of Texas, 6100 Western Place, Suite 500, Fort Worth, Texas 76107.
Bill was born and raised in Dallas and had been a longtime resident of Euless. Before his illness he was a music entertainer, disc jockey and master brick mason.
He is preceded in death by his father, mother, brother, sister and grandson.
Survivors: Beloved wife of 58 years, Frankie Lindsey; daughter, Melody Moore and husband, Ronnie, of Whitney; sons, Don Lindsey and wife, Pam, of Hurst, Bill Lindsey Jr. and wife, Phillis, of Orlando, Fla., and Steve Woods and wife, Alta, of Pascagoula, Miss. He was Paw Paw to 10 grandchildren and 16 great-grandchildren. He was also survived by many other loving family members and friends. 
Lindsey, Bill Jerome (I11133)
 
183 Billie Gene Mirick

Dec. 8, 1925 - Sept. 12, 2018

Obit
Billie Gene "Bill" Mirick, 92, of Fort Worth formally of Lorena, passed away, Wednesday, September 12, 2018, at home surrounded by family. Funeral services will be at 11:00 a.m., Monday, September 17, 2018, at Waco Memorial Park Mausoleum Chapel, with Reverend Wayne Blackshear officiating, visitation will begin one hour to service in the Mausoleum Chapel, interment will follow at Waco Memorial Park.

Bill was born, December 8, 1925, to the late Eugene and Annie Mirick. He attended Lorena High School where he excelled in football and basketball.

He proudly served his country during World War II as a member of the United States Merchant Marines serving on the ship, SS Marina Raskova. He was honorably discharged June 20, 1945. Upon returning from serving his country, he worked alongside his father for the Katy Railroad. He then worked for Owens Illinois Glass in Waco. Bill and his wife owned Hewitt Grocery and Mirick Trenching Company.

One of Bill's greatest pleasures was dove hunting with his brother-in-law, Billy Blanton. He also enjoyed bass fishing a Lake Whitney and deer hunting in Johnson City. One of his favorite hobbies was working in his woodshop making different items for family and friends. He also raised Brahman cattle which he sold for show stock.

Bill fell in love and married Jean Blanton, February 28, 1945. They had three children, Mike, Pat and Carolyn.

He is survived by his wife, Jean Blanton; children, Mike and wife, Gayle Mirick, Pat and husband, Lynn Parnell, and Carolyn Kelly; grandchildren, Michael Mirick, Jr., Kristine Stephens, Tammy Graham, Jennifer Fitzgearld, Kevin Parnell and eleven great-grandchildren. 
Mirick, Billie Gene (I3670)
 
184 Billy was a youngster about 10 or so when he was legally adopted by Charlotte A (Andrews) Moore and her husband Cassius A Moore in Corpus Christi, Texas.

Name: Billy B Moore
Name Suffix:
Event Type: Divorce
Event Date: 24 Sep 1974
Event Place: Nueces, Texas, United States
Age: 25
Marriage Date: 29 Jan 1972
Birth Year (Estimated): 1949
Spouse's Name: Linda S Moore
Spouse's Age: 24
Spouse's Birth Year (Estimated): 1950
Number of Children Under Age 18: 1
File Number: 048040
Affiliate County Code: 178
 
Moore, Billy Bob (I9761)
 
185 Birth: 1828
Death: Jan. 14, 1903
Cynthiana
Harrison County
Kentucky, USA

Boone County Recorder
Date 2/25/1903 Page 1 Column 5-Margaret J. Lawrence-Died at Cynthiana, Age 75
I received a letter, a few days ago, requesting me to announce the death of an old and estimable friend, Mrs. Margaret J. Lawrence, at Cynthiana, Harrison County, this State; on January 14, 1903, in her 75th year. She was the oldest daughter of the late James H. Akin, of this place, and lived near here until about 30 years ago. She was twice married, her first husband being Stephen Mirrick and the second, _____ (this is the way it was in the newspaper) Lawrence. She leaves five children and one brother, J.R. Akin, of McVille, and one sister, Mrs. James H. Williamson, of near Rabbit Hash. She united with the East Bend Baptist church in her girlhood. Her many friends tender the sorrowing children, brother and sister their sympathy.

Family links:
Spouse:
Stephen Mirick (1827 - 1850)

Note: No Stone

Burial:
Battle Grove Cemetery
Cynthiana
Harrison County
Kentucky, USA
Plot: A-88

Maintained by: Jo Raymond
Originally Created by: John Boyd
Record added: Oct 13, 2009
Find A Grave Memorial# 43077066 
Lawrence, Margret Jane Akin (I2855)
 
186 Birth: 1840
Death: Apr. 16, 1883
Fayette County
Texas, USA

Family links:
Parents:
Leander Frederick Trent Cottle (1786 - 1845)
Mary Candace Criswell Cottle (1816 - 1900)

Spouse:
Laura Ranne Cottle (1849 - 1884)

Children:
Candase Cottle Gilbreath (1877 - 1916)*

*Point here for explanation

Note: Marrried December 22 1869

Burial:
Pin Oak Cemetery
O'Quinn
Fayette County
Texas, USA

Edit Virtual Cemetery info [?]

Maintained by: Roy Welch
Originally Created by: Atti
Record added: Nov 18, 2009
Find A Grave Memorial# 44541838
 
Cottle, Leander Criswell (I6196)
 
187 Birth: 1850
Death: 1925

Brook Cary was the son of Francis M. and Elizabeth Cary, both of Alabama. Elizabeth's maiden name might have been Lewis. Brook was born in Arkansas in 1850, possibly on January 21. In Nov. 1850 his family lived in Marion, Ouachita County, Arkansas; thus, Brook might have been born there. By 1860 the family was in Newton, Jasper County, Texas; and by 1870 they were in Gatesville, Coryell County, Texas. Brook married Anna Bell Carter on 12-23-1873 in McLennan County. Brook and Bell lived in both Bell and McLennan Counties before moving to Van Zandt County in the late 1890s. Their children: Pearl, Vada, Everette Franklin, Wade, Bessie, Elmer, Leatha, and Ruby.

NOTE: Brook's name appears as Francis Brook Cary on his marriage record, as Francis B. Cary on the 1850 census, and as Francis Cary on the 1860 census. In the 1890-91 Waco City Directory, he is Frank B. Carey. On the 1880 and 1900 census, he is listed as Brook Cary.
 
Cary, Francis Brook (I5713)
 
188 Birth: 1867
Death: 1947

Note: On stone with Emma L. Smith

Burial:
Cox Cemetery
31°20'10.95"N 97°13'39.29"W
McLennan County
Texas, USA

Created by: couchpotato
Record added: Jul 27, 2005
Find A Grave Memorial# 11433995

John was born in Crockett, Texas. He moved to Carolina, Falls County, Texas when he was 3 in 1870. In his obituary it says he moved to McLennan County in 1874. The 1880 Census shows John living in McLennan County, Texas with his father, mother and sisters. In the 1900 Census he was in McLennan County and his mother Martha Francis lived with him.

___________________________________________________________________________________________________
This is a legal document found regarding the Smith land in McLennan County that was originally purchased by Littleton Smith and inherited by his children upon his death.

Court of Civil Appeals of Texas, Waco.

THAMES v. SMITH

280 S.W. 859 (Tex. Civ. App. 1926)

THAMES v. SMITH.
No. 318.
Court of Civil Appeals of Texas, Waco.
February 18, 1926.

Appeal from District Court, McLennan County; Sam R. Scott, Judge.

Suit by J. W. Thames against J. E. Smith. Judgment for defendant, and plaintiff appeals. Affirmed.

Appellant J. W. Thames - Appellee J. E. Smith

R. L. Henderson, of Waco, for appellant.

Sleeper, Boynton Kendall, of Waco, for appellee.

BARCUS, J.

This suit was instituted by appellant, seeking to cancel a deed which he had executed, by which he conveyed to appellee his undivided interest in 220 acres of land located in McLennan County, Tex. The cause was tried to a jury, and at the conclusion of the testimony the trial court instructed the jury to return a verdict for appellee.

The record discloses the following undisputed facts: Littleton Smith and wife, Martha F. Smith, owned the 220 acres of land in controversy, and in 1885 Littleton Smith died intestate, leaving as his survivors his wife and nine children. His wife continued to occupy the property as her homestead until her death in 1921, and at her death she left surviving her said children, or their descendants. In 1888, appellant married Dosia Smith, one of the daughters of Martha F. Smith. Mrs. Thames died in 1891, leaving as her survivors appellant and a boy a few days old, who died when he was about two months old. Shortly after the death of Mrs. Thames, appellee and appellant discussed the question as to whether appellant, by virtue of his having married one of the Smith girls, had any interest in the property. It was the opinion of each of them that he did not, because his wife and boy were both dead, and they each thought that by reason thereof his wife's interest would go to her brothers and sisters. Sometime thereafter, the date not being given, appellee purchased from all of his brothers and sisters, except one, their interest in their father's estate. No effort was made to purchase the interest of appellant. After the mother, Mrs. Smith, died in 1921, all of the brothers and sisters living and the heirs of those who were deceased, including appellant, brought a partition suit against appellee for their respective interests in the homestead property. Before said suit was instituted, Mrs. Taylor, sister-in-law of appellee, being a sister of the original Mrs. Thames, wrote appellant that the lawyers in Waco stated that he had an interest in the property the same as each of the other heirs, and requested that he join them in a partition suit, which he did. Mrs. Taylor then wrote appellant, asking that he execute to her, as the baby girl of the Smith family, a deed to his interest in the estate, or that he convey all of his interest to the three girls. After the partition suit was filed, appellee consulted with his attorney, and for the first time learned that under the law appellant had an interest in the property by reason of his child having survived his mother a few months. Appellee then had his banker write appellant, telling him, in substance, that in order for appellee to get the title to the property clear in him it would be necessary for appellant to execute a deed to him, and stated that appellee would pay him, if he required it, $40 or $50 for his interest in the property. In reply to that letter, appellant wrote that he did not hold anything against the place, and that if appellee needed a deed to clear it up, if he would send or bring him the deed he would promptly sign it. At the time he received this letter from the banker and made the reply thereto, he knew from his sister-in-law, Mrs. Taylor, that he had an interest in and to the property and that suit had been brought to recover same. When appellee received the letter from appellant, he had the deed prepared and went by auto from McLennan County 170 miles to Callahan county for the purpose of having appellant execute the same. He reached appellant's house on Friday night about 8 or 9 o'clock, and appellant testified that the following morning appellee told him he had come for the purpose of having him execute the deed; that his lawyers told him that it was necessary for appellant to execute the deed in order for appellee to get a clear abstract. Appellant testified that Smith told him he did not have any interest in the property, but that the lawyers said appellant would have to execute a deed before he could get a clear abstract; that he told Smith he did not think he had any interest in it because his wife was dead, but that he would execute the deed. Appellee and appellant then went some distance to town, where the deed, which recited a consideration of $1 paid, was properly signed and acknowledged before a notary public, *860860 and appellee asked appellant what he owed him, and appellant testified he answered: "You know what you said in the letter." Appellee then gave appellant a check for $25 and then returned to appellant's home, where he remained until the Monday following, and when urged to stay longer said he would have to hurry home as the land was to be surveyed in two or three days so it could be divided.

After appellant executed and delivered the deed to Smith, one of the Smith girls, Mrs. Ingram, and her husband, went to Callahan County to see appellant and told him that he had an interest in the property and offered to and did pay all of his expenses to Waco and return if he would come with them and discuss it with their lawyer. When he reached Waco, he, with Mrs. Taylor and Mrs. Ingram, did discuss it with their attorney, who had filed the partition suit, and for the first time appellant learned the exact amount of his interest in the property, and that it was worth about $600. He immediately filed this suit to cancel the deed which he had given appellee and offered to return the check, alleging as a ground therefor that appellee had misled him and had misrepresented the facts to him, in that he had told him he had no interest in the property when as a matter of fact appellee knew that he had a one-eighteenth interest therein. Appellant alleged that he relied upon the statements made by appellee; that he had known appellee for 40 years, had married his sister, was a close friend, and had implicit confidence in him; and that he relied upon his representations. He testified he had only seen appellee three times in the last 30 years.

The only question involved is whether there was any issue that should have been submitted to the jury. At the time appellant executed and delivered the deed, he was in possession of all the facts that were known to appellee. He had been told by appellee's banker that appellee's lawyers said he had an interest in the property and that it would be necessary for him to execute a deed in order to clear the title, and he had written that he would execute the deed to appellee if he would bring or send it to him. When the banker wrote said letter, appellant had already received information in several letters from his sister-in-law, Mrs. Taylor, that he had an heir's interest in the property and had been urged to convey his interest to either Mrs. Taylor individually or to his three sisters-in-law, and he had been informed that it was necessary to bring a lawsuit for a partition of the property and the suit had been filed in his name to recover his interest. Appellee stated that he did not tell appellant that he had no interest but that he told him the lawyers said he had an interest in it. If appellant is correct in his statement that appellee told him he had no interest when he brought the deed out, he knew at the time that the statement was false, because he had been informed by the attorneys who had brought the suit for him, as well as by his sisters-in-law, and also by the banker who wrote him at the instance of appellee, that the lawyers on both sides, as well as all of the children, recognized that he had an interest in the property. Appellee testified that he made no inquiry as to what his interest was or as to its value, and that he executed the deed without making any inquiry with reference thereto. It had been more than 30 years since he had left McLennan county. He had married again and had a family, and on several occasions during the 30 years he had made a statement to different members of the Smith family that he did not claim any interest in or to the Smith property.

We do not think there was any error in the court instructing the jury to find a verdict for appellee. There was no concealment by appellee of any information or facts of which he was in possession that appellant did not already know. The only misrepresentation appellant claims was made was that appellee told him he had no interest in the property. Appellant testified he had at that time information from the attorneys on both sides that he did have, and that he had brought a suit, which was then pending, for his interest. A party who executes a contract cannot thereafter defeat or cancel same on the ground that the party receiving the contract had misrepresented material facts, if as a matter of fact at the time the representations were made and the contract was executed he knew that said representations were as a matter of fact false. A party cannot claim to rely on the truthfulness of representations that he knows at the time are untrue. Wortman v. Young (Tex.Com.App.) 235 S.W. 559; Waggoner v. Zundelowitz (Tex.Com.App.) 231 S.W. 721; Dossett v. Franklin Life Ins. Co. (Tex.Com.App.) 276 S.W. 1097.

We have examined all of appellant's assignments of error, and same are overruled, and the judgment of the trial court is affirmed
 
Smith, John Edward (I931)
 
189 Birth: 1870
Death: 1942

Burial:
Valliant Cemetery
At 34° 0'20.18"N and 95° 7'17.10"W
Valliant
McCurtain County
Oklahoma, USA

Edit Virtual Cemetery info [?]

Created by: Sandie Manning Lambert
Record added: Jan 08, 2008
Find A Grave Memorial# 23847342

Notes for Atlas Bain:
General Notes:
1900 Census Garland Co., AR
Bain Twp dw/58
Bain, Atlas H wm 11/187024 md 2 yrs TN TN TN
Marthy wf wf 3/1876 18 md 2 yrs 1-1 AR GA TX
Eula da wf 12/1898 1 S AR TN AR
Jones, Frank boarder 9/1868 31 Wd MO MS MS
___________________________________________
1910 Census of Garland Co, AR (151a)
Bain, Atlas Head M W 39 m10 TN TN TN
Martha Wife F W 33 m10 8/6 AR MS TX
Roy Son M W 9 S AR TN AR
Oscar Son M W 8 S AR TN AR
Pearl Dau F W 5 AR TN AR
Rosa Dau F W 3 AR TN AR
Ray Son M W 3 AR TN AR
Eva Dau F W 5/12 AR TN AR
______________________________
1920
McCurtain Co., OK Census Index:
Baine, Atlas
Age: 49 Year: 1920
Birthplace: Tennessee Roll: T625_1469
Race: White Page: 13A
State: Oklahoma ED: 158
County: McCurtain Image: 557
Township: Wilson
______________________________________
______________________________________
Martha Ann Smith daughter of Matthew Smith and Mary Renison was born on 11 Mar 1878 in
Garland Co., AR. She died on 22 Oct 1933 in McCurtain Co., Valliant, OK.
Atlas Bain and Martha Ann Smith were married on 02 Jan 1898 in Garland Co., AR. They had the
following children:
i. Eula Bain was born in Dec 1898. She died before 1910 in Died young.
ii. Roy Atlas Bain was born on 07 Aug 1900 in Garland Co., AR. He married Vela Powell on
30 Apr 1942. He died on 07 Nov 1957.
214. iii. William Oscar Bain was born on 08 Jan 1902 in Garland Co., AR. He married Reba
Cordelia Hisaw on 24 Dec 1929 in Swink, OK. He died on 08 Jul 1992 in Valliant, OK (died
at the old homeplace south of Valliant).
iv. Purlor Virginia Bain was born on 30 Jul 1904 in Garland Co., AR. She married Clarence
Colbert Fowler on 08 Nov 1925 in McCurtain Co., OK. She died on 20 Jun 1970 in Idabel,
OK.
v. Infant Bain was born in 1905. He died before 1910.
vi. Velma Rosilla Bain was born on 07 Feb 1907 in Garland Co., AR. She married Aaron
Monroe Lucas on 10 Sep 1927 in McCurtain Co., OK. She died on 05 Nov 1983 in Lamar
Co., TX.
vii. Cecil Ray Bain was born on 07 Feb 1907 in Garland Co., AR. He died in Dec 1993 in
Antlers, OK.
viii. Thelma Emily Bain was born on 24 Nov 1909 in Garland Co., AR. She married Samuel
James Johnston on 02 Aug 1938 in Latimer Co., OK.
ix. Vernon Jackson Bain was born on 21 Oct 1911 in Garland Co., AR. He died on 03 Nov
1976 in McCurtain Co., Valliant, Ok..
x. Mildred Elizabeth Bain was born on 15 Nov 1913.
xi. Clarence Matthew Bain was born on 18 May 1916 in Garland Co., AR. He died on 10
May 1982 in Tulsa, OK.
xii. Peter Elonzo Bain was born on 25 Sep 1918 in McCurtain Co., Valliant, OK. He married
Cleo Tutt in 1940. He died in McCurtain Co., Valliant, OK. 
Bain, Atlas (I584)
 
190 Birth: 1920
Death: 1980

Burial:
Chapel Hill Memorial Park
Waco
McLennan County
Texas, USA

Edit Virtual Cemetery info [?]

Created by: couchpotato
Record added: Oct 07, 2007
Find A Grave Memorial# 22006619
 
Mace, Melvin Aubrey (I1038)
 
191 Birth: 1927
Death: 1932

Burial:
Morgan Cemetery
Morgan
Bosque County
Texas, USA

Created by: Trisha
Record added: Dec 26, 2006
Find A Grave Memorial# 17166487 
Brownlow, Oddie Canoth (I1017)
 
192 Birth: Apr. 4, 1805
North Carolina, USA
Death: May 9, 1882
McLennan County
Texas, USA

http://www.txgenweb3.org/txmclennan/EWO/a%208-27-1878%20%2025-5-22-1883%20%2049.htm

Waco Daily Examiner, 1882
Fri., May 12 (4-3): Mrs. Sophia McCann, 78, died May 8 at residence on North Bosque. Wife of John McCann. Resident of county for 25 years.

Waco Daily Examiner, 1882
Thu., May 18 (4-3): Tribute: Mrs. Sophia McCann, born N. C. April 4, 1805, moved to Lowndes City, Miss., in 1834. Married to John McCann Nov. 22, 1835. To Texas in 1857. Died May 8, 1882. Member of Presbyterian Church. 
Latham, Sophia (I6923)
 
193 Birth: Aug. 20, 1896
Death: Jan. 6, 1897

Record states Smith, Georgia Littleton age 5 mos. s. of J.E., d. 1-6-1897 Cox Cem. 8-172

Inscription:
Fell Asleep Son of J. E. & E.L. Smith

Burial:
Cox Cemetery
31°20'11.05"N 97°13'39.21"W
McLennan County
Texas, USA

Created by: couchpotato
Record added: Jul 27, 2005
Find A Grave Memorial# 11434009
 
Smith, George Littleton (I2674)
 
194 Birth: Aug. 8, 1950
Death: Nov. 21, 2007

John Everett Mirick Jr., 57, of Lorena, passed away Nov. 21, at his residence, surrounded by his loving family and friends. Funeral services are set for 2 p.m. Monday, Nov. 26, at Pecan Grove Funeral Home, 3124 Robinson Dr., with the Rev. Steve Johnson officiating. Burial will follow at Lorena Cemetery. Visitation will be 6 to 8 p.m. Sunday at the funeral home.

John was born on Aug. 8, 1950, in Brownwood, Texas, to John E. Mirick Sr. and Frances (Copeland) Mirick. He graduated from Kimball High School in Dallas. He joined the U.S. Air Force, and went to Vietnam. He married his childhood sweet-heart, Susan Kurz, on Feb. 12, 1971, in Dallas. He was employed by Meadows-Springfield Co., where he was a lithographer. He was a beloved and caring son-in-law, that took care of his mother-in-law and father-in-law, Fredna and Frank Kurz, during their illnesses. He was a founding member and helped establish the local chapter of S.A.S.S., the Old Fort Parker Patriots where his nickname was "Splintermaker." He also chartered the first Boy Scout Troop in Lorena, #462, and was a leader in the troop for five years, he also assisted his daughter in the Camp Fire Girls. John loved woodworking, fishing, the "outdoors", but all that he did was for his children, Bryan and Katie.

John was a very loving and fun person and will be loved and missed by all who knew him, his funeral will be a celebration of his life.

John was preceded in death by his father, John Mirick Sr.; and mother-in-law and father-in-law, Fredna and Frank Kurz.

Survivors include his beloved wife of 36 years, Susan; son, Bryan Mirick and wife, Melissa, of Eddy; daughter, Katie Baldwin and husband, Joshua, of San Antonio; granddaughter, Lauren Elise Baldwin, the light of his life; mother, Frances Copeland Mirick, of Waco; sister, Sharon Montgomery and husband, Bryan, of Mesquite; brother-in-laws, Jimmy and wife, Linda Kurz and children of Houston and Ronnie Kurz, of Gun Barrel City; and numerous nieces and nephews.

The family invites you to leave a message or memory in the
online Family Register Book at www.pecangrovefuneral.com

WT: 11/23/2007 - 11/24/2007

Burial:
Lorena Cemetery
Lorena
McLennan County
Texas, USA

Created by: Ruth M. Brown
Record added: Nov 24, 2007
Find A Grave Memorial# 23069419
 
Mirick, John Everett Jr. (I103)
 
195 Birth: Aug., 1849
Boone County
Kentucky, USA
Death: Oct. 16, 1907
McLennan County
Texas, USA

Family links:
Parents:
Stephen Mirick (1827 - 1850)

Children:
Grace Madell Mirick Bailey (1900 - 1968)*

Spouse:
Josephine Geda Smith Mirick (1867 - 1929)

*Point here for explanation

News Paper Accounting
February 2, 1898
The suit of J.T. Rogers vs. J.H. Mirick et al is on trial in the county court, being a suit on a note for $125 brought up on appeal by the defendants from the justice court. A verdict will not be reached before some time today.

Burial:
Oakwood Cemetery
Waco
McLennan County
Texas, USA

Created by: Jo Raymond
Record added: Jul 22, 2009
Find A Grave Memorial# 39752340
 
Mirick, James H. (I2856)
 
196 Birth: Dec. 29, 1902
Salado
Bell County
Texas, USA
Death: Mar. 30, 1994
Chesterfield
St. Louis County
Missouri, USA

Family links:
Parents:
Charles W. Gilbreath (1873 - 1935)
Candase Cottle Gilbreath (1877 - 1916)

Spouse:
Doris Bailey Gilbreath (1903 - 2000)

Burial:
Memorial Park Cemetery
Amarillo
Potter County
Texas, USA

Edit Virtual Cemetery info [?]

Created by: Roy Welch
Record added: May 18, 2010
Find A Grave Memorial# 52534761
 
Gilbreath, Henry Farris (I6207)
 
197 Birth: Feb. 24, 1908
Death: unknown

On stone with S.O. (Buck) Rodgers

Burial:
Bruceville-Moore Cemetery
31°19'23.19"N 97°13'48.31"W
Bruceville
McLennan County
Texas, USA

Created by: Shawn The Grave Hunter
Record added: Sep 03, 2005
Find A Grave Memorial# 11672163 
Wedgeworth, Mattie Elizabeth (I187)
 
198 Birth: Feb. 4, 1860
Death: Oct. 22, 1879

Daughter to L.S. (Littleton Spivey) Smith buried nearby.

Family links:
Parents:
L S Smith (1833 - 1887)

Burial:
Cox Cemetery
McLennan County
Texas, USA

Edit Virtual Cemetery info [?]

Created by: couchpotato
Record added: Aug 14, 2005
Find A Grave Memorial# 11536675 
Smith, Margaret J (I2595)
 
199 Birth: Jan. 12, 1900
Death: Dec. 22, 1970

On stone with Mattie E. Rodgers

Burial:
Bruceville-Moore Cemetery
31°19'23.19"N 97°13'48.31"W
Bruceville
McLennan County
Texas, USA

Created by: Shawn The Grave Hunter
Record added: Sep 03, 2005
Find A Grave Memorial# 11672225

Found in the 1930 Census that Uncle Buck's Mother and his brother lived with him. 
Rodgers, Solas Oakley (I180)
 
200 Birth: Jan. 30, 1877, USA
Death: Jan. 24, 1916, USA

REST IN PEACE..

Family links:
Parents:
Leander Criswell Cottle (1840 - 1883)
Laura Ranne Cottle (1849 - 1884)

Spouse:
Charles W. Gilbreath (1873 - 1935)*

Children:
Henry Farris Gilbreath (1902 - 1994)*

*Point here for explanation

Burial:
Cedar Knob Cemetery
Salado
Bell County
Texas, USA

Edit Virtual Cemetery info [?]

Maintained by: Roy Welch
Originally Created by: SFC Frank Irons Sr. Reti...
Record added: Aug 30, 2006
Find A Grave Memorial# 15555305 
Cottle, Candase (I6204)
 

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