UNIVERSITY
OF CALIFORNIA
LOS ANGELES
SCHOOL OF LAW
LIBRARY
Paste this in your Moffett' s Civil Form Book.
DEPOSITIONS— Page 300. 59th, Leg. 1905 P. 106— Art.
•2274a repealed and Arts. 2282 and 2284 amended and Arts.
2291a, 2291 b, 2291c, 2291d, 2291e, 2291f, and 2291g added-
l>y ttOth Leg. 1907, page 186.
Civi,
ING SALES. Dealer ?*W»«|£ Actg of 30th Lcgis-
for a license and bo«d. ^ a law August
of this B
\:
TEXAS
CIVIL FORM BOOK
WITH
FORMS OF PLEADINGS, REMOVAL OF CAUSES FROM STATE
TO FEDERAL COURTS, THE FORMS AND LAW OF
BANKRUPTCY OF 1898 AND AMENDMENTS
APPROVED FEBRUARY 5, 1903, AND
COURT RULES OF TEXAS
By
J. W. MOFFETT, COUNSELOR-AT-LAW
MI
Midland, Texas
EL PASO, TEXAS
GAMMEL PUBLISHING COMPANY
1907
T
Al
• 130?
Entered according to Act of Congress in the year 1903 by
J. W. MOFFETT,
In the office of the Librarian of Congress at Washington, D. C.
Entered according to Act of Congress in the year 1907 by
J. W. MOFFETT,
In the office of the Librarian of Congress at Washington, D. C.
PREFACE FIRST EDITION
In submitting this work to the legal profession of Texas, I trust it
will meet with such favor as it may merit. Neither time nor labor has
been spared in the endeavor to prepare a work which will be of great
benefit and convenience to the profession. A correct and complete form
book is a valuable addition to any library in Texas. Just such a work
the writer has endeavored to prepare. There are two classes of the
legal profession who may not be benefited by such a work — the lawyer
who knows 'too much law to even refer to a form book, and the one who
depends upon it entirely. These are the two extremes in the legal pro-
fession. The writer does not claim perfection for this work, but such
mistakes as it may contain, it is trusted, will be of minor importance.
The writer has endeavored to follow substantially the forms laid down
in the statutes of this State and other standard works, with such addi-
•
tional forms as have never been published in any work. He has en-
deavored to embrace most of the practical civil forms for Texas. Under
each form is given the article of the statute with the law, and such
comments as were deemed most helpful and necessary. This work con-
tains more forms than is now contained in any other civil form book
of Texas. In pleadings, it contains only such forms as the writer
deemed most helpful to the practitioner. An effort has been made to
cover all civil forms which may arise during the trial of a cause in the
justice's court to the Court of Civil Appeals 'and the Supreme Court.
It contains the form for removal of a -cause from the State to the Federal
Court and the law and forms in bankruptcy of 1898, and amendment
approved February 5, 1903, together with the late court rules of Texas.
Xo attempt has been made, with but a few exceptions, to cite any
authorities in this work. This book is entitled " The Texas Civil Form
Book."
Trusting the same may prove beneficial and helpful, I submit it to
the legal profession of Texas. Eespectfully submitted,
J. W. MOFFETT.
PREFACE SECOND EDITION.
The first edition of this work appeared the latter part of 1903 and
every copy of that issue has been disposed of, and the writer was re-
quested to prepare a second edition for publication.
The rapid sale of the work, together with the many letters of com-
mendations of the work from many of the leading lawyers of the State,
was sufficient inducement and encouragement to the writer for offering
the second edition to the legal profession of Texas.
This edition contains all of the forms contained in the first edition
together with such additional forms that were deemed most helpful.
It is the hope of the writer that this edition may even prove more bene-
ficial and helpful 'than the first edition.
Respectfully submitted,
J. W. MOFFETT.
MIDLAND, TEXAS, July, 1907.
TEXAS CIVIL F
AND
No. 1.
ADOPTION OF HEIR.
The State of Texas, County of
Know all men by these presents, that I, , a resident of
County, Texas, wishing to confer upon , a minor,
and resident of said county, and son of , who also resides in
said county, all the rights and privileges, both in law and equity, of a
legal heir, do, in consideration thereof, hereby adopt the said
as my legal heir, to all the intents and. purposes of the statutes of this
State in such cases made and provided.
Witness my hand at , Texas, this. . . .day of , A. D. 19. .
The State of Texas, County of
Before me, the undersigned authority, on this day personally ap-
peared , known to me (or proved to me on the oath of
) to be the person whose name is subscribed to the fore-
going instrument, and acknowledged to me that he executed the same
for the purposes and consideration therein expressed.
Given under my hand and seal of office, this. . . .day of , A. D.
19..
<Seal.)
Notary Public in and for County, Texas.
R. S. Art. 1 (1).
• » «
AFFIDAVITS, OATHS AND AFFIRMATIONS.
R. S. Arts. 3-8 (3-8).
No. 2.
AFFIDAVIT.
The State of Texas, County of
Before me, the undersigned authority, this day personally came and
Appeared , to me well known, and who, after being by me
2 TEXAS CIVIL FORM BOOK.
duly sworn, did depose and say (here set out fully the matter to
be sworn to).
Sworn to and subscribed before me, this. . . .day of , A. TX
19..
(Seal.)
R. S. Art. 6 (6).
No. 3.
AFFIDAVIT TO AN ACCOUNT.
The State of Texas, County of
Before me, the undersigned authority, on this day personally appeared
(if agent or attorney makes the oath, add agent, or at-
torney for ) who being by me duly sworn, states on oath
that the foregoing and annexed account in favor of
against. for the sum of dollars, is, within the knowl-
edge of affiant, just and true; that it is due and unpaid, and that all
just and lawful offsets, payments and credits have been allowed.
Sworn to and subscribed before me, this.... day of , A. D.
19..
(Seal.)
R. S. Art. 2323 (2266).
No. 4.
DENIAL UNDER OATH OF VERIFIED ACCOUNT.
vs In Court of County,
Texas, Term, A. D. 19..
Now comes A , defendant (or plaintiff) in the above en-
titled and numbered cause, and denies the verified account of plaintiff
(or defendant, as the case may be) filed in this cause, and says that said
account is not just or true, in whole or in part (if part only of said
account is denied, then state, that the following items of said account are
not just or true, to wit: (here state such items).
, defendant (or plaintiff) in the above entitled and
numbered cause, being duly sworn by me, the undersigned authority,
upon his oath says, that the facts as stated in the above instrument of
writing are true and correct.
Sworn to and subscribed before me under my official hand and seal,
this the day of , A. D. 19. .
(Seal.)
R. S. Art. 2323 (2266).
TEXAS CIVIL FORM BOOK. 3
No. 5.
COMPLAINT IN LUNACY.
The State of Texas, County of In the County Court of
County. Lunacy.
Before me, the undersigned authority, on this day personally ap-
peared , who after being by me duly sworn, on hie oath
deposes and says that of County, Texas, is of un-
sound mind, and that the welfare of himself and of others requires that
he be placed under restraint.
Sworn to and subscribed before me, this the. . . .day of , A. D.
19..
County Judge County, Texas.
R. S. Art. 128 (106).
No. 6.
SCHOOL TRUSTEE'S OATH OF OFFICE.
The State of Texas, County of Department of Education.
I, , having been trustee of School District No.. .
in County, Texas, do solemnly swear that I can read and write
the English language, that I have been a resident of said district for the
six months last past, and that I will faithfully and impartially dis-
charge my duties as School Trustee according to law and the rules and
regulations of the County Superintendent of Public Instruction, and
the State Superintendent of Public Instruction, during the term for
which I have been elected (or appointed, as the case may be), beginning
the. . . .day of , A. D. 19. ., and ending the day of , A.
D. 19..
Trustee of School , County of .
Postoffice address.
Sworn to and subscribed before me at , Texas, this the ....
day of , A. D. 19..
(Seal.)
R. S. Arts. 3953-3955.
4 TEXAS CIVIL FORM BOOK.
APPRENTICES.
R. S. Arts. 23-48 (18-41).
No. 7.
APPLICATION FOR AN APPRENTICE.
The State of Texas, County of In County Court of
County, Texas, Term, A. D. 19. .
To the Honorable County Court of said County :
Now comes your petitioner , who resides in
County, Texas, and respectfully represents to the court, that ,
also a resident of said county and State, is a minor and orphan, under the
age of fourteen years, and that said minor is without sufficient -estate
for his maintenance and education, and applicant further represents,
that he feels an interest in the welfare of said minor, and believes it
would be to the interest of said minor to learn the trade of ;
your petitioner further represents, that he is skilled in said trade and
now engaged in carrying on said trade in said county, as his regular
trccupation.
Wherefore, your petitioner prays the court that citation issue herein
as the law directs, and at the next regular term of this court to be held
for probate purposes, an order be granted apprenticing said minor to
your petitioner, according to the law in such cases made and provided.
R. S. Art. 23 (18).
The county court may bind a minor as an apprentice —
1. When such minor is an orphan and without sufficient estate for
his maintenance and education,
2. When the parents of such minor have suffered him to become a
charge upon the county,
3. When the parents of such minor, not being a charge on the
county, shall consent in writing to such apprenticeship, which consent
shall be signed by them, and filed and entered of record in such court.
R. S. Art. 23 (18).
No. 8.
CITATION FOR APPRENTICING A MINOR.
The State of Texas, County of To the Sheriff, or any Con-
stable, of said County, Greeting:
You are hereby commanded, that you summons, by posting a copy of
this citation at each of three public places in said county, one being the
courthouse thereof, all persons interested in the welfare of ,
a minor, who resides in said county, to be and appear at the next regular
TEXAS CIVIL FORM BOOK. 5
term of the county court of said county to be held for probate purposes
at the courthouse thereof in , on the first Monday in ,
A. D. 19. ., the same being the. . . .day of eaid month, and then and
there contest the application of , now on file in my office,
asking the court then and there to apprentice the said to
him, the said
Herein fail not, but make due return of this writ with your action
thereon as the law directs.
Witness my hand officially and the seal of said court hereon im-
pressed, this. . . .day of , A. D. 19. .
(Seal.)
Clerk County Court of County, Texas.
A minor shall not be apprenticed without citation in the same man-
ner as is provided in the case of an application for the guardianship
of a minor.
R. S. Art. 26 (21).
No. 9.
SERVICE OF CITATION— BY POSTING.
Came to hand at. . . .o'clock a. m. on the. . . .day of , A. D.
19. ., and served on the. . . .day of , A. D. 19. ., at. . . .o'clock
a. m. by posting up in public view a copy of the within citation, at each
of three public places in County, Texas, to wit : The court-
house of said county, and at , and , no two of which
places are in the same -town. The distance actually traveled in the
execution of such process is miles.
Sheriff, County, Texas*.
By , Deputy.
28 Leg., 1903, p. 81.
No. 10.
WAIVER OF CITATION AND SELECTION, BY MINOR OVER FOURTEEN
YEARS OF AGE, OF PERSON TO WHOM HE DESIRES
TO BE APPRENTICED.
The State of Texas, County of Application for Apprenticeship
in County Court of County, Texas.
And now comes , the minor mentioned in the applica-
tion of , for apprenticeship, being over fourteen years of
6 TEXAS CIVIL, FORM BOOK.
age, and waives the issuance of citation by personal service and hereby
selects , to whom he desires to be apprenticed.
R. S. Art. 29 (24).
No. 11.
OBLIGATION OF THE PERSON TO WHOM THE MINOR IS APPRENTICED.
The State of Texas, County of . ,
Know all men by these presents, that we, , as princi-
pal, and and as sureties, are held and firmly
bound unto , a minor apprenticed to the said
by the County Court of County, Texas, in the sum of
dollars; conditioned that the above bound will furnish said
minor sufficient food and clothing, and will treat him humanely; that
he will teach or cause to be taught to said minor the trade (or occupa-
tion) of ; that he will furnish said minor medicine and medical
attention when necessary; and that he will, if practicable, send said
minor to school at least three months in each year, during the continu-
ation of his apprenticeship, after he is ten years of age, and within the
scholastic age, and will not remove said minor out of the county of
without the leave of the court; and that he will not remove
said minor out of the State.
Witness our hands this. . . .day of ....... A. D. 19. .
R. S. Art. 28 (23).
Approved by me this. . . .day of , A. D. 19. .
County Judge, County, Texas.
R. S. Art. 30 (25).
No. 12.
CONTRACT OF APPRENTICESHIP.
The State of Texas, County of
Know all men by these presents, that this contract, made and entered
into on this. . . . day of , A. D. 19 . ., witnesseth, that •.••••>
the son of , and , of County, Texas,
being. . . .years of age, by and with the consent and advice of his said
father and mother, who are not a charge on said county, testified their
becoming a party hereto, hath bound and put himself, and by these
TEXAS CIVIL FORM BOOK. 7
presents doth bind and put himself, apprentice to , of said
State and county, after the manner of an apprentice, to dwell with and
serve the said from the day of the date hereof until the. . .
day of , A. D. 19. ., during which term the said apprentice shall
and will faithfully serve his said master, and honestly and obediently
in all things as a dutiful apprentice ought to do.
And the said shall and will furnish said minor sufficient
food and clothing; that he will treat said minor humanely, and will
teach, or cause to be taught to said minor the trade and art of a ,
that he will furnish said minor medicine and medical attention when
necessary; that he will, if practicable, send said minor to school at least
three months in each year during the continuance of such apprenticeship,
after he is ten years of age, and within the scholastic age, and will and
shall provide him with such school books that may be necessary, and at
the expiration of the term of said apprenticeship, shall and will give
said minor
Witness our hands this. . . . dav of. . , A. D. 19. .
The State of Texas, County of
Before me, the undersigned authority, on this day personally appeared
, and , parties to the above and
foregoing instrument in writing, each known to me to be the persons
whose names are subscribed thereto, each acknowledged to me that they
executed and delivered the same for the purposes and consideration
therein expressed.
Given under my hand and seal of office, this. . . .day of ,
A. D. 19..
(Seal.)
R. S. Art. 23 (18).
No. 13.
ORDER APPRENTICING MINOR.
No Apprenticeship of , a Minor. In County Court
of County, Texas.
On this. . . .day of , A. D. 19. ., came on to be heard the ap-
plication for the apprenticeship of , a minor of the age
of years, residing in said county of , and it appearing
that notice of this proceeding has been given as required by law, and
that said minor ought to be bound as an apprentice, and ,
a citizen and resident of said county, having given an obligation as
guardian in the sum of dollars, bearing date on the. . . .day of
, A. D. 19. ., which has been approved and filed as required by
8 TEXAS CIVIL FORM BOOK.
law, it is ordered that said bond be recorded in the minutes of this
court, and that said. is hereby authorized and empowered
to take charge and control of said minor and to retain the same until
he arrives at the age of twenty-one years. (If the minor is a female,
the last clause of the order should read as follows: and to retain the
same until she arrives at the age of eighteen years, or until she marries,
if she marries before that age.)
ARBITRATION.
R. S. Art. 31 (26).
In General, R. S. Arts. 47-61 (42-56).
Of grievances between employer and employe. R. S. Arts. 61a-61k.
No. 14.
AGREEMENT OF ARBITRATION.
The State of Texas, County of
Whereas a controversy is now pending between and
in relation to the price to be paid by the said
to the said for the labor and services rendered by said
, for and in behalf of said ., and at his special
instance and request, in purchasing cattle for said , and
forwarding the same 'to him at , Texas, from , during the
month of , A. D. 19 . . , (or, • here state such grounds that may
exist) for which services the said claims the sum of
dollars. Now, therefore, we, as plaintiff, and
as defendant, do hereby agree to arbitrate the differences or matters in
dispute between us and submit said controversy, and all matters there-
with connected, to the arbitration of , chosen by said
, and , chosen by said , each
being over the age of twenty-one years, and not related to either party
by consanguinity or affinity, and possessing the qualifications of jurors,
and who are not interested in the result of the cause to be submitted for
their decisions, in accordance with the provisions of the statute in such
case made and provided. This agreement shall be filed (if $200.00 or
less, exclusive of interest) with , justice of the peace in
and for precinct No , in said county and State, for such other pro-
ceedings upon his part as are required by law.
Witness our hands this. . . .day of , A. D. 19. .
, Plaintiff.
, Defendant.
R. S. Art. 48 (43).
TEXAS CIVIL FORM BOOK. 9
The agreement of arbitration shall be filed in the court having juris-
diction of the amount as in other cases.
R. S. Art. 49 (44).
When such agreement is filed, the justice of the peace or the clerk of
the county or district court, as the case may be, shall forthwith designate
a day for the trial of the cause, not less than two days thereafter, and
shall issue process for such witnesses as either party may desire, re-
turnable on the day fixed for trial.
R. S. Art. 50 (45).
Oath of arbitrators: "You do solemnly swear (or affirm) that you
will fairly and impartially decide the matter in dispute between
, the plaintiff, and , the defendant, accord-
ing to the evidence adduced and the law and equity applicable to the
facts proved, so help you God."
R. S. Art. 51 (46).
Parties may reserve the right of appeal.
R. S. Art. 56 (51).
No. 15.
AWARD OF ARBITRATORS.
VS
The undersigned arbitrators, selected by the above entitled parties in
their agreement dated on the. . . .day of , A. D. 19. ., and filed
with , a justice of the peace in and for precinct No ,
in County, Texas, having, on the. . . .day of , A. D. 19. .
(being the day assigned by the justice for the trial of said controversy),
been duly sworn, and having heard the allegations, and proofs of the
parties, have agreed and do decide that the services of , for
the month of , A. D. 19. ., are worth the sum of dollars
(or here state the decision of the arbitrators), and that
shall pay said sum, and all costs in this behalf incurred.
Witness our hands this. . . .day of , A. D. 19. .
R. S. Art. 54 (49).
Such award shall be entered and recorded as the judgment of the
court, with like effect as other judgments of said court, and upon which
execution may issue as on ordinary judgments.
10 TEXAS CIVIL FORM BOOK.
No. 16.
JUDGMENT FOR THE PLAINTIFF ON THE AWARD OF ARBITRATORS.
vs No In Justice Court, Precinct
No , County, Texas, . . . .day of , A. D. 19. .
This day came the parties by their attorneys, and it appearing to the
court that this cause has been duly referred, according to the statute in
such case made and provided, to and , arbi-
trators, to hear and determine, and that the award of said arbitrators
was filed in this court on the. . . .day of , A. D. 19. ., in sub-
stance as follows : (here set out award of arbitrators.)
It is therefore ordered that said award be and the same is now entered
and recorded as the judgment of this court, and execution issue thereon.
The award is filed with the justice or clerk, as the case may be, and
entered and recorded at the succeeding term of the court.
R. S. Art. 54 (49).
No. 17.
APPLICATION FOR AN APPEAL.
The State of Texas, County of In Justice Court, Precinct
No , County, Texas , Justice of the Peace.
Now comes , and respectfully represents to the court
that the award rendered on the.... day of , A. D. 19.., by
and , arbitrators, duly appointed by an agree-
ment for arbitration, filed in this court, wherein is plain-
tiff and is defendant, and the judgment entered thereon in
this court on said date is unjust and contrary to law and the evidence.
Wheref ore the said hereby appeals from the award of
said arbitrators and judgment in said cause, and prays the court that
said be cited to appear at the next regular term of your
honor's court and make his defense herein, etc.
R. S. Art. 56 (51).
Upon the filing of the application for appeal, the same shall be noted
on the docket of the court, and the opposite party served with a citation,
as in ordinary cases of suit by petition. Upon return of service upon
the opposite party, the cause shall stand for trial de novo as in ordinary
cases.
R. S. Art. 57 (52).
TEXAS CIVIL FORM BOOK. 11
After an agreement to arbitrate is filed as prescribed in article 49,
the parties thereto shall be bound to that mode of trial. Such agree-
ment may be pleaded in bar to any suit thereafter by either the plaintiff
or defendant when either has refused to proceed under such agreement.
R. S. Art. 59 (54).
ALIENS.
Ownership of lands inhibited. R. S. Arts. 9-16.
R. S. Sec. 5-16 (2165-2174).
How naturalized. R. S. Sec. 5-16 (2165-2174).
No. 18.
DECLARATION OF INTENTION.
The State of Texas, County of In Court of
County, Texas.
Before me, the undersigned authority, on this- day personally ap-
peared who declares upon oath that he is the natural born
subject of ; that he was born in ; that he is years
of age; that he emigrated to the United States of America and arrived
at the port of in the State of on or about the. . . .day
of , A. D. 19. .; that he is now residing in County,
Texas; that it is his bona fide intention to become a citizen of the
United States, and renounce forever all allegiance and fidelity to any
foreign prince, potentate, state or sovereignty whatsoever, particularly
any and all allegiance to the king of , of whom he is now a sub-
ject, and that he will bear true allegiance to the United States, and
support the Constitution of the same.
Subscribed and sworn to before me, this. . . .day of , A. D. 19. .
Witness my hand and seal of office, at . . . , this .... day of ,
A. D. 19..
Court, County, Texas.
By , Deputy.
R. S. Sec. 5 (2165).
Declaration may be made before a circuit or district court of the
United States, or a district or supreme court of the territories, or a court
of record of any of the States having a common law jurisdiction, and
seal and clerk, or before the clerk of any of said named courts, two
years, at least, prior to his admission. Persons residing in the United
States before January 29, 1795, may admitted to become a citizen, by
making the necessary proof, that he has resided two years, at least,
12 TEXAS Civn, FORM BOOK.
within the jurisdiction of the United States, and one year, at least, im-
mediately preceding his application, within the state or territory where
such court is at the time held.
Persons residing in the United States and under its jurisdiction, be-
tween the 18th day of June, 1798, and the 18th day of June, 1812, and
who has continued to reside within the same, may be admitted to become
citizens without having made any previous declaration of his intention-
to become such, by making the necessary proof of five years continued
residence within the United States.
No. 19.
CERTIFICATE OF DECLARATION OF INTENTION.
UNITED STATES OP AMERICA.
The State of Texas, County of
Be it remembered that on this. . . .day of ., A. D. 19. ., before-
me, clerk of the Court in and for said State and county, per-
sonally appeared , who, being duly sworn (or affirmed) ac-
cording to law, did declare and say he is a native of , and a
subject of the king of ; that he is now residing in the county
of , State of Texas; that he is twenty- two years of age, or there-
abouts, and that it is bona fide his intention to become a citizen of the
United States, and to renounce forever all allegiance and fidelity to any
foreign prince, potentate, state or sovereignty whatever, and particularly
to the king of ,'of whom he is now a subject.
In witness whereof I have hereunto set my hand and affixed the seal,
of said court this. . . .day of , A. D. 19. .
Clerk, Court, County, Texas.
No. 20.
PETITION AND AFFIDAVIT FOR FINAL NATURALIZATION PAPERS.
The State of Texas, County of In Court,
Term, A. D. 19 ..
To the Hon , Judge of said Court:
Your petitioner , respectfully shows that he is an alien
and a native of , above the age of twenty-one years; that orr
the day of , A. D. 19. ., before clerk of
County, State of Texas, he declared on oath that it was bona fide his
TEXAS CIVIL FORM BOOK. 13
intention to become a citizen of the United States, and to renounce
forever all allegiance and fidelity to any foreign prince, potentate, state
or sovereignty whatever, and particularly to the , of whom he
was before a subject, a certificate of which is hereto attached. Petitioner
further shows that he has resided within the United States upwards of
five years, and in the State of Texas one year, both periods immediately
preceding this, his application to become a citizen of the United States;
that he has never borne any hereditary title or been of any of the orders
of nobility. He therefore prays that on his making proof and taking
the oath prescribed by law, he may be admitted a citizen of the United
States of America.
Sworn to and subscribed before me, this. . . .day of , A. D. 19. .
Clerk of the Court, County, Texas.
We, and , do solemnly swear that we are
well acquainted with , the petitioner; that to our knowl-
edge he has resided within the United States five years, and in the State
of Texas one year, both periods immediately preceding this, his appli-
cation to become a citizen; that during said time he has behaved as a
man of good moral character, attached to the principles of the Consti-
tution of the United States, and well disposed ta the good order and
happiness of the same.
Sworn to and subscribed before me, this. . . .day of , A. D. 19 . .
Clerk of the Court of County, Texas.
I,. , do solemnly swear that I will support the Constitu-
tion of the United States of America, and I do absolutely ajid entirely
renounce and abjure all allegiance and fidelity to any foreign prince,
potentate, state or sovereignty whatever, and particularly to the ,
of whom I was before a subject.
Sworn to and subscribed before me, this. . . .day of ....... A. D. 19. .
Clerk of the Court, County, Texas.
R. S. See. 5 (2165).
14: TEXAS CIVIL FORM BOOK.
No. 21.
ORDER ADMITTING TO CITIZENSHIP.
The State of Texas, County of In the Court of
County, Texas, Term, A. D. 19 ..
On this the. . . .day of , A. D. 19. ., came on to be considered
the application of , a native of , praying to be ad-
mitted to become a citizen of the United States; and it appearing to
the court that he had declared on oath (or affirmation), before the clerk
of the court in and for the county of , State of Texas,
on the. . . .day of , A. D. 19. ., that it was bona fide his intention
to become a citizen of the United States, and to renounce forever all
allegiance and fidelity to any foreign prince, potentate, state or sover-
eignty whatsoever, and particularly to the king of , of whom
he was at that time a subject; and the said having on oath
declared, and also made proof thereof, agreeably to law, to the satis-
faction of the court, that he had resided one year and upwards within
the State of Texas, and within the United States of America upwards of
five years, both periods immediately preceding his application, and that
during said period of five years he had behaved as a man of good moral
character, attached to the principles of the Constitution of the United
States, and well disposed to the good order and happiness of the same;
and having declared on oath (or affirmation) before the said court, that
he would support the Constitution of the United States, and that he did
absolutely and entirely renounce and abjure all allegiance and fidelity
to every foreign prince, potentate, state and sovereignty whatsoever, and
particularly to the king of , of whom before he was a subject;
and having in all respects complied with the laws in regard to naturaliza
tion-.
It is therefore ordered, adjudged and decreed by the court, that the
said be and he is hereby admitted to all the rights, immu-
nities, and privileges of a citizen of the United States of America, in
terms of the Constitution and laws of the same; and it is further ordered
that the clerk of this court enter this order together with all the pro-
ceedings aforesaid, of record in this court, and issue to certificate
of naturalization, he having first paid the cost herein incurred.
No. 22.
CERTIFICATE OF NATURALIZATION.
The State of Texas, County of
Be it remembered, that at the district court for the county of >
State of Texas, held at the courthouse thereof, in the city of ,.
Texas, on the. . . .day of , A. D. 19. ., :...., a native of
TEXAS CIVIL FORM BOOK. 16
, exhibited his petition, praying to be admitted to become a
citizen of the United States; and it appearing to the court that he had
declared on oath (or affirmation), before the clerk of the district court
in and for the county aforesaid, on the. . . .day of , A. D. 19. .,
that it was bona fide his intention to become a citizen of the United
States, and to renounce forever all allegiance and fidelity to any foreign
prince, potentate, state or sovereignty whatsoever, and particularly to
the king of .......... of whom he was at that time a subject; and the
said having on oath declared, and also made proof thereof,
agreeably to law, to the satisfaction of the court, that he had resided
one year and upwards in the State of Texas, and within the United
States of America upwards of five years, both periods immediately pre-
ceding his application, and that during said period of five years he had
behaved as a man of good moral character, attached to the principles of
the Constitution of the United States, and well disposed to the good
order and happiness of the same; and having declared on oath (or affir-
mation) before the said court that he would support the Constitution of
the United States, and that he did absolutely and entirely renounce and
abjure all allegiance and fidelity to every foreign prince, potentate, state
and sovereignty whatsoever, and particularly to the king of ,
of whom he was before a subject; and having in all respects complied
with the laws in regard to naturalization; thereupon the said court ad-
mitted the said to become a citizen of the United States,
and ordered all the proceedings aforesaid to be entered in the records
of said court.
In witness whereof, I, , clerk of the district court in and
for the county of , State of Texas, have hereunto signed my
name and affixed the seal of said court, this. . . .day of , A.- D.
19..
(Seal.).
Clerk District Court, County, Texas.
TEMPORARY ADMINISTRATION.
No. 23.
ORDER APPOINTING TEMPORARY ADMINISTRATOR.
No Estate of , Deceased. In the County Court of
County, Texas, Sitting in Probate Term, 19 . .
The State of Texas, County of To All to Whom These Pres-
ents May Come — Greeting :
Be it known, that whereas, it having been made known to me a?
county judge of said county, that -departed this life on the
day of , A. D. 19. ., in the County of in the State of
16 TEXAS CIVIL FORM BOOK.
Texas, where the said deceased had h. . residence and domicile prior
to and at the time of h . . death, and that . . he died possessed of an
estate consisting of real and personal property of the probable value of
dollars.
And it appearing to me in my official capacity, that it would be to
the best interest of the estate of said deceased, that the following matters
concerning the estate be attended to at once, viz : and fur-
ther that the interests of said estate require the immediate appointment
of an administrator, and that . . who has made application
therefor to me, is a suitable person to act as temporary administrator of
said estate.
Now therefore, I, , Judge of the County Court in and for
the county aforesaid, have on this the .... day of , A. D. 19. ., and
do hereby appoint the said temporary administrator of the
estate of , deceased, with authority and full power to
and for the faithful performance of which, as well as of
all duties under this appointment, the execution of a good and lawful
bond in the sum of dollars is hereby required of him, the said
, as such temporary administrator.
And it is hereby ordered that this appointment shall not take effect,
nor be delivered to the said temporary administrator, until the same
shall have been recorded in the probate minutes of County, and
until the clerk of this court shall have endorsed on this appointment, a
certificate that the same has been so recorded, and until the said tem-
porary administrator has taken the oath and has given bond as required
herein and as required by law;
And ordered that this appointment shall cease to be of force on the
day designated for taking up probate business at the Term, A. D.
19. ., of this court, the same being the first term of the county court
held next after the date of this order, unless at that term it be continued
in force by an order entered upon the minutes in open court;
And further ordered that the said temporary administrator shall have
and exercise only such rights and powers with regard to this estate, or
such portions thereof as are or may be committed to his charge, as are
specifically and clearly expressed in this order and appointment, and
that at the expiration of the term for which he is appointed he shall
file with the clerk of the county court of County, a list of all the
property of the estate which has come to his hands, a return of all sales
made by him, if any, and a full exhibit and account of all his acts as
such temporary administrator, all of which shall be verified by his
affidavit.
Witness my hand and seal of the County Court, this the .... day of
, A. D. 19..
Judge County Court, County.
By , Deputy.
Attest: , Clerk County Court County, Texas.
R. S. Art. 1930 (1877).
TEXAS Civil, FORM BOOK. 17
No. 24.
CLERK'S CERTIFICATE OF TEMPORARY ADMINISTRATOR.
The State of Texas, County of
1, , Clerk of the County Court in and for the county and
State aforesaid, do hereby certify that the foregoing and attached order
of the Hon , County Judge of County, Texas, ap-
pointing temporary administrator of the estate of
deceased, has been duly recorded in the probate minutes of said court,
in Book . . . ., pages , and I further certify that the said
has taken the oath and has given bond as required by law.
Witness my hand and official seal, at office in , Texas, this . . .
day of , A. D. 19..
Clerk County Court, County, Texas.
By , Deputy.
R. S. Art. 193 (1878).
No. 25.
OATH OF TEMPORARY ADMINISTRATOR.
I do solemnly swear that I will well and truly perform the duties of
temporary administrator of the estate of , deceased, in ac-
cordance with law, and with the order of the court appointing me such
administrator.
Sworn to and subscribed before me, this the .... day of , A. D.
19..
R. S. Art. 1940 (1877).
No. 26.
BOND OF TEMPORARY ADMINISTRATOR.
The State of Texas, County of
Know all men by these presents, that we, as principal,
and and as sureties, are held and firmly bound
unto the counfy judge of the county of , and his successors in
office, in the sum of dollars, conditioned that the above bound
, who has been appointed by the county judge of
2
18 TEXAS CIVIL FORM BOOK.
County, Texas, administrator of the estate of , deceased,
shall well and truly perform all the duties required of him under said
appointment.
Approved by me, this the. . . .day of ..:....., A. D. 19. .
County Judge, County, Texas.
R. S. Art. 1942 (1889).
Art. 1942 (1895) amended by 25th Leg. (1897), Sec. 1, Art. 1942, p. 58.
ADMINISTRATION.
R. S. Arts. 1840-2263 (1789-2208).
No. 27.
APPLICATION FOR LETTERS OF ADMINISTRATION.
In the matter of the Estate of , Deceased. In County
Court of County, Texas, Term, 19 . .
To the Honorable , Judge of the County Court of
County, State of Texas:
This, the application of , a resident of County,
respectfully shows: That is dead; that . .he died on or
about the. . . .day of , A. D. 19. ., in the county of and
State of ; that . .he died intestate; that said deceased was, at
the time of h. . death, a resident of the county of , State of
Texas ; that at the time of h . . death, the said was seized
and possessed of real and personal property of the probable value of
..... .dollars. That a necessity exists for an administration upon said
estate for the following reasons: (here state the necessity for adminis-
tration). That your applicant is not disqualified by law to act as ad-
ministrator.
Wherefore your applicant prays that citation issue hereon, as the law
provides, and that upon a hearing and the proofs adduced, letters of
administration issue to applicant, and that all further and necessary
orders be made in the premises.
Applicant.
Dated 19. .
R. S. Art. 1888 (1835).
TEXAS CIVIL FORM BOOK. 19
No. 28.
CITATION ON APPLICATION FOR LETTERS— ESTATES.
The State of Texas, to the Sheriff or any Constable of County-
Greeting :
You are hereby commanded to cause to be posted for ten days, ex-
clusive of the day of posting, before the return day hereof in three of the
most public places in County, one of which shall be at the
courthouse door, and no two of which shall be in the same city or
town, copies of the following citation:
The State of Texas, to all persons interested in the Estate of ,
Deceased.
Know ye that having filed in the County Court of
County, an application for letters of administration upon the estate of
, deceased;
Now, therefore, these are to notify you, and each of you, who are
interested in said estate, to be and personally appear at the next regu-
lar term of the honorable county court, to be holden at the courthouse
of said county, in on the. . . .Monday in , A. D. 19. .,
same being the. . . .day of , A. D. 19. ., then and there to contest
said application should you desire to do so.
Herein fail not, but of this writ make due return showing how you
have executed the same.
Witness my hand and official seal this. . . .day of , A. D. 19. .
(Seal.)
County Court, County, Texas
By , Deputy.
R. S. Art, 1889 (1836).
Shall be served by posting for at least ten days, exclusive of the day
of posting, before the first day of the term of the court to which such
citation is returnable.
R. S. Art. 1890 (1837).
No. 29.
FORM OF ORDER GRANTING ADMINISTRATION.
Estate of , Deceased, County of In County
Court of , Texas, Sitting for Probate Busi-
ness, Term, A. D. 19. .
On this the. . . .day of , A. D. 19. ., came on to be heard the
application of , for letters of administration upon the es-
tate of , deceased (or, letters testamentary; or, letters of
20 TEXAS CIVIL FORM BOOK.
administration with the will annexed), and it appearing to the court that
the said is dead ; that four years have not elapsed since his
decease prior to the date of filing said application; that this court has
jurisdiction of said estate; that there is a necessity for administration
upon said estate, and that the said is entitled to letters by
law and is not disqualified, therefore it is ordered by the court that ad-
ministration be granted upon the estate of the said , de-
ceased, and that the said receive letters of administration
thereon (or, letters testamentary, or, letters of administration with the
will annexed), upon his taking the oath required by law and giving bond
in the sum of dollars; and when the said shall have
qualified according to law the clerk of this court will issue letters in ac-
cordance with this order.
R. S. Art. 1928 (1875).
Bond should be filed within twenty days after appointment.
R. S. Art. 1944 (1891).
No. 30.
BOND AND OATH OF ADMINISTRATOR.
The State of Texas, County of
Know all men by these presents : That we, as principal,
and as sureties, are held and firmly bound unto the county
judge of the county of and his successors in office, in the sum of
dollars, conditioned that the above bound who has
been appointed by the county judge of County, administrator
of the estate of , deceased, shall well and truly perform all
the duties required of him under said appointment.
The above bond approved the. . . .day of , A. D. 19. .
County Judge of County, Texas.
OATH.
I do solemnly swear, that , deceased, died without leav-
ing any lawful will, so far as I know or believe, and that I will well and
truly perform all the duties of administrator of the estate of said
, deceased.
Sworn to and subscribed before me, the. . . .day of , 19,
; R. S. Arts. 1939-1942 (1886-1889).
Art. 1942 (1895), amended by 25th Leg., Sec. 1, Art. 1942, p. 58.
TEXAS CIVIL FORM BOOK. 21
No. 31.
LETTERS OF ADMINISTRATION.
The State of Texas, County of
I, , clerk of the County Court of County, Texas,
do hereby certify that on the .... day of , A. D. 19 . .,
was duly appointed by said court administrator of the estate of
, deceased, and that he qualified as such on the .... day
of , A. D. 19. ., as the law requires.
These are, therefore, given to prove his capacity to act as such.
Witness my hand and the seal of the County Court of County,
at Texas, this .... day of , A. D. 19 . .
(Seal.)
Clerk County Court, County, Texas.
By , Deputy.
R. S. Art. 1959 (1906).
No. 32.
FORM OF ORDER APPOINTING APPRAISERS.
Estate of , Deceased. In County Court of County,
Texas, Sitting for Probate Business, Term, A. D. 19. .
It appearing to the court, that , and
are citizens of County, Texas, and disinterested
persons in the estate of , deceased, whereon letters of ad-
ministration have been granted to , at this term of the
court.
It is therefore ordered by the court, that the said ,
and , or any two of them, be and are hereby
appointed to appraise the estate, both real and personal, of ,
deceased.
County Judge, County, Texas.
R. S. Art. 1963 (1910).
22 TEXAS CIVIL FORM BOOK.
No. 33.
FORM OF ORDER APPROVING INVENTORY. APPRAISEMENT AND LIST
OF CLAIMS.
Estate of . . ., Deceased. In County Court of County,
Texas, Sitting for Probate Business, Term, A. D. 19. .
This, the .... day of , 19. ., came on to be considered tlio
report of the inventory, appraisement and list of claims of the estate
of , deceased, made by , and
, who have heretofore been appointed by the court to ap-
praise said estate, and the court having examined the same, it is ordered
by the court that said report be and it is hereby in all respects approved.
County Judge of County, Texa.*.
R. S. Art. 1971 (1918).
Should the inventory, appraisement and list, or either of them, be dis-
approved, an order to that effect shall be entered upon the minutes,
either in term time or in vacation, and such order shall further require
the administrator to return another inventory, appraisement and list.
or either of them, within a time which shall be specified in such order,
not to exceed ten days from the date of such order; and the judge may
also, if he deems it necessary, appoint new appraisers.
R. S. Art. 1972 (1919).
No. 34.
WARRANT OF APPRAISEMENT.
The State of Texas, County of
To of said County: These are to authorize and require
you, or any two of you, to attend and appraise the estate, both real and
personal, of , late of said county, deceased, in dollars and
in cents, as far as the same shall be produced to you by ,
administrator thereof, and when so made, to subscribe and swear to same
before some officer of said county authorized to administer oaths, and
make due return as the law directs.
Witness my hand and seal of office, at this. . . .day of ,
19..
Clerk County Court, County.
By , Deputv.
R. S. Art. 1963 (1910).
TEXAS CIVIL FORM BOOK. 23
No. 35.
REPORT OF APPRAISERS.
No , Estate of , Deceased. In County Court, of
County, Texas.
Inventory and appraisement of the estate of , deceased,
produced before the undersigned appraisers, on the .... day of ,
A. D. 19. ., by , administrator of the estate of the said
, deceased.
SEPARATE PROPERTY OF SAJD , DECEASED.
1000 acres of land situated in County, Texas, part of
league, valued at $:
COMMUNITY PROPERTY.
100 acres of land situated in County, part of
league, $ 50 head of cattle valued at $20.00 each. .$1000.00
We, the undersigned appraisers, solemnly swear that the foregoing is
a full and fair appraisement of the estate of , deceased,
produced before us by , administrator.
Appraisers.
Sworn to and subscribed before me, this the .... day of , A. D.
19..
(Seal.)
LIST OF CLAIMS — COMMUNITY PROPERTY.
Note of , dated , and due with interest at 8 per
cent from date, $
I, , do solemnly swear that the foregoing inventory and
list is a full and complete inventory and list of the property and claims
of , deceased, that have come to my knowledge.
Sworn to and subscribed before me, this the .... day of , A. D.
19..
(Seal.)
R. S. Arts. 1965-1968 (1912-1915).
Inventory, appraisement and list should be returned to the court
within sixty days from the date of granting such letters.
R. S. Art* 1969 (1916).
24 TEXAS CIVIL, FORM BOOK.
No. 36.
NOTICE TO DEBTORS AND CREDITORS.
The State of Texas, County of To those indebted to, or hold-
ing claims against the Estate of , Deceased.
The undersigned having been duly appointed administrator of the
estate of , deceased, late of County, Texas, by
, judge of the county court of said county on the .... day
of , 19. ., during a regular term thereof, hereby notifies all persons
indebted to said estate to come forward and make settlement, and those
having claims against said estate to present them to him at his residence
, County, Texas, where he receives his mail, this ....
day of , A. D. 19..
Administrator of the estate of , deceased.
R. S. Art. 2063 (2010).
No. 37.
RETURN NOTICE BY AFFIDAVIT OF PUBLISHER.
The State of Texas, County of
Before me in person came , the publisher of ,
a newspaper published in County, Texas, who being by me duly
sworn says, that he published in said newspaper once a week for four
successive weeks, the foregoing attached notice of administration, made
by , administrator of the estate of , deceased,
the first insertion whereof was on the .... day of , A. D. 19. .
Sworn to and subscribed before me, this the .... day of . . . ., A. D.
19..
(Seal.)
Notary Public, County, Texas.
R. S. Art. 2064 (2011).
Said notice and affidavit of the publisher should be filed and recorded
in the court from which the letters were issued.
TEXAS CIVIL FORM BOOK. 25
No. 38.
FORM OF AFFIDAVIT TO CLAIM.
The State of Texas, County of
Before me, the undersigned authority, on this day personally appeared
, who being by me duly sworn, says that the attached
claim hereto in favor of against , deceased, is
just, and that all legal offsets, payments and credits known to affiant
have been allowed; and that he is the owner of said claim (or, if made
by any one other than the owner, the last clause should be, and that he
is cognizant of the facts above stated).
Subscribed and sworn to under my official hand and seal, this ....
day of , A. D. 19..
(Seal.)
Notary Public in and for County, Texas.
(Or, other officer as the case may be.)
R. S. Art. 2072 (2018).
Every claim should be presented within twelve months after granting
letters of administration, or the payment thereof shall be postponed
until the claims which have been presented within said twelve months
and allowed by the administrator and approved by the county judge have
been first entirely paid.
R. S. Art. 2068 (2015).
No. 39.
ALLOWANCE OF CLAIM.
The State of Texas, County of
I, , administrator of the estate of , deceased,
finding, upon an examination of the within claim (or, of the foregoing
claim annexed hereto, as the case may be, describing same) presented
to me on the .... day of , A. D. 19 . ., by , as a claim
against said estate, that it is duly authenticated, and believing from the
facts relating thereto, that it is just and owing, do hereby allow the same,
as a valid claim for the full amount thereof, this .... day of ,
A. D. 19..
Administrator.
R. S. Art. 2076 (2022).
When a claim for money against the estate has been rejected by the
administrator suit should be brought within ninety days thereafter to
establish same.
R. S. Art. 2082 (2028).
26 TEXAS CIVIL FORM BOOK.
No. 40.
APPROVAL OF CLAIM.
The State of Texas, County of
l} } judge of the county court of said county, finding,
upon the examination of the foregoing claim (here describe the claim,
giving amount, date, etc.), that it has been duly authenticated, as re-
quired by law and allowed by , the administrator of said
estate, as a valid claim against the estate of . , deceased, in
favor of , and perceiving no error therein, do hereby ap-
prove the allowance, made as aforesaid, classing said claim as number
, this the day of , A. D. 19. .
Judge of County Court, County, Texas.
R. S. Art. 2079 (2025).
All claims approved by the administrator and entered upon the claim
docket for a period of ten days may be acted upon by the court at a reg-
ular term of the court. The action of the court approving or disap-
proving a claim shall have the force and effect of a final judgment and
may be appealed therefrom to the district court as from other judg-
ments in probate matters.
R. S. Art. 2085 (2031).
No. 41.
PETITION AGAINST ADMINISTRATOR FOR ESTABLISHMENT OF CLAIM.
The State of Texas, County of In County Court of
County, Texas, Term, A. D. 19. .
Honorable , County Judge of said County:
.Now comes , who resides in County, Texas,
hereinafter styled plaintiff, complaining of , as adminis-
trator of the estate of , deceased, who also resides in said
count}' and State, hereinafter called defendant; and for cause of action
plaintiff represents to the court that defendant is the duly qualified and
acting administrator of the estate of , deceased; that the
said , deceased, departed this life in County, Texas,
on or about the .... day of , A. D. 19 . ., and defendant made ap-
plication to the county court of county, Texas, for letters of ad-
ministration of said estate and duly qualified as such at the term,
19. ., of said court by filing his oath and bond as required by law, which
was duly approved by said court; that said administration is now pending
in said court and undisposed of; that the said , deceased,
at the time of his death was justly indebted and due plaintiff the sum
of dollars, principal due on promissory note for the sum of .....
dollars, dated the .... day of , A. D. 19 . ., due on the .... day of
TEXAS CIVIL FORM BOOK. 27
, A. D. 19. ., executed by the said and payable to
the order of this plaintiff , at , Texas, with interest
thereon at the rate of .... per cent per annum from date until paid and.
ten per cent as attorney's fees, all now aggregating not less than the
sum of .... dollars, principal, interest and attorney's fees, now past
due and unpaid.
That said estate of , deceased, is now justly due and in-
debted to plaintiff said sum of dollars principal due on said note
together with .... per cent interest per annum from date thereof until
paid and ten per cent additional on both the amount of principal and
interest due thereon as attorney's fees, as shown by said claim or state-
ment hereto attached marked Exhibit "A" and made a part hereof, to
which reference is hereby made.
Plaintiff says that on or about the .... day of , A. D. 19. ., said
claim against the said estate of , deceased, duly verified as
required by law, heretofore referred to as Exhibit "A," was duly pre-
sented to defendant , administrator of said estate, for his
allowance or rejection, and on the .... day of , A. D. 19 . ., was re-
turned to plaintiff not allowed, with the following indorsement thereon,
to wit: (here give the indorsement made by the administrator thereon)
to which reference is hereby made, and made a part hereof. Wherefore
plaintiff says and so represents to the court, that said claim was rejected
and not allowed by defendant as the administrator of said estate, and
plaintiff brings this suit to establish his said claim against said estate of
, deceased, for the full amount thereof, principal, interest
and attorney's fees as shown by said claim; that said note at the time of
the death of the said , deceased, was past due and unpaid
and was placed in the hands of , a practicing attorney of
County, for collection, and is still in his hands for collection.
Wherefore plaintiff prays the court that the said , as the
administrator of the estate of , deceased, be cited to appear
and answer this petition and for judgment herein against the defendant
as the administrator of said estate of , deceased, establishing
his claim against said estate for the sum of .... dollars, principal, in-
terest and attorney's fees, for costs of suit and for such other and further
orders that may be necessary and relief special and general in law and
in equity, that plaintiff may- be justly entitled to, etc.
Attorney for plaintiff
R. S. Art. 2082 (2028).
Suit shall be brought by the owner for the establishment of his claim,
within ninety days after the same has been rejected by the executor or
administrator, and not thereafter.
Suits against executors, administrators and guardians as such, must
be brought in the county in which such administration or guardianship
is pending, and in the precinct in which the county seat i? situated.
R. S. Art. (2) 1585 (1556).
28 TEXAS CIVIL FORM BOOK.
No. 42.
ORDER ESTABLISHING CLAIM.
vs , Administrator of , Deceased.
No In Court of County, Texas, ....
Term, A. D. 19 ..
On this the .... day of , A. D. 19 . ., at a regular term of this
court came on to be heard the above entitled and numbered cause, the
plaintiff and defendant appeared in person and by their attorneys and
announced ready for trial, a jury being waived, the matter in contro-
versy, as well of fact as of law, was submitted to the court; the evidence
and argument of counsel having been heard and fully understood, and
it fully appearing to the court that this is a suit brought by plaintiff
against defendant as the administrator of the estate of ,
deceased, to establish his claim against said estate for the sum of ....
dollars, due upon a promissory note for the sum of dollars, with
.... per cent interest thereon from date thereof, dated on the .... day
of , A. D. 19. ., and due on the .... day of , A. D. 19. .,
and providing for .... per cent thereon as attorney's fees, the court is of
the opinion and finds that plaintiff is entitled to judgment for the estab-
lishment of his claim against said estate of , deceased, for
the amount of his said claim:
It is therefore considered, ordered and adjudged and decreed by the
court that plaintiff do have and recover judgment against
the said , as the administrator of the estate of ,
deceased, for the sum of dollars, principal, with .... per cent in-
terest per annum thereon from the .... day of , A. D. 19. ., until
paid, together with ten per cent additional on the amount due thereon
as attorney's fees, all aggregating to date dollars, together with
all costs by plaintiff in this behalf incurred, for the establishment of said
claim for said amount against said estate of , deceased, and
that a copy of this decree be certified to the probate court of
County, Texas, where the administration of said estate is pending for
observance, and there be classified and paid in due course of adminis-
tration according to its classification.
R. S. Art. 2083 (2029).
No execution shall be issued on said judgment, but a certified copy of
such judgment shall be filed with the clerk of the county court where
the estate is pending within thirty days after the rendition of such
judgment, and entered upon the claim docket, and shall be classified by
the county judge, and have the same force and effect as if the amount
thereof had been allowed' by the executor or administrator, and ap-
proved by the county judge.
TEXAS CIVIL FORM BOOK. 29
No. 43.
APPLICATION FOR ORDER SETTING APART PERSONAL PROPERTY FOR
THE USE OF FAMILY AND FOR FAMILY ALLOWANCE.
Esiale of , Deceased. In County Court, Term,
A. D. 19..
To the Honorable , Judge of the County Court of
County, Texas:
This, the application of , administrator of the estate of
, deceased, respectfully shows:
That on the .... day of , A. D. 19. ., an inventory and ap-
praisement of said estate were duly returned to said County Court;
That as appears by said inventory and appraisement, said estate has
been appraised at the sum of ...... dollars ;
That the debts of said estate will probably amount to the sum of
...... dollars; and that said estate is .... solvent;
That your applicant is advised and believes that the following per-
sonal property belonging to said estate, and mentioned in said inventory
and appraisement, is by law exempt from execution, to wit: (here de-
scribe ILe property).
Thai the amount of said personal property which is by law exempt
from execution is insufficient for the support of the widow and family
of said deceased; and that an allowance out of the said estate is necessary
for the maintenance of the said family ; and that the sum of
dollars is a reasonable allowance for one year according to the circum-
stances of said family.
Wherefore your applicant prays that all of the above described personal
property may be set apart for the use of the said family; and that an
allowance of ...... dollars out of said estate be made for the mainte-
nance of said family for one year during the progress of the settlement of
said estate, and that all further and necessary orders be made in the
premises.
day of , A. D. 19..
R. S. Arts. 2037-2046 (1984-1993).
No. 44.
APPLICATION FOR SALE OF PERSONAL PROPERTY.
Estate of , Deceased. In County Court of County,
Texas, Term, A. D. 19..
To the Hon , Judge of said County Court:
Now comes your petitioner, , administrator of the estate
of , deceased, and respectfully shows to the court, that it
30 TEXAS CIVIL FORM BOOK.
will be to the interest of said estate to sell certain personal property
belonging to said estate, to wit: (here describe the property); that
said property is not exempt from forced sale and is not necessary to
carry on a plantation or any other business, belonging to said estate and
is liable to perish, waste or deteriorate in value, and that it will be an
expense and a disadvantage to said estate to keep the same on hand.
Wherefore your petitioner asks for an order of the court to sell said
property at , in said county and State, at public auction on ;.
credit of six months (or, at private sale for cash, as the case may be),
and will ever pray, etc.
Administrator.
R. S. Arts. 2117-2119 (2063-2065).
No. 45.
NOTICE OF ADMINISTRATOR'S SALE.
Estate of , Deceased, , Administrator. In
County Court of .....*... County.
Xotice is hereby given that I, administrator of the estate of ,
deceased, by virtue of an order of the County Court of
County, Texas, will, on the .... day of , A. D. 19 . ., at
in the county of , State of Texas, sell at public auction,
certain personal property belonging to the estate of , de-
ceased, as follows, to wit : (here describe the property). The terms on
which I will sell said above described personal property are as follows,
to wit: on a credit for six months (or, for cash, as the case may be).
The purchasers will be required to give notes for the amount of such
purchase, with good and solvent personal security before the delivery of
property to them.
Witness my hand this the .... day of , A. D. 19. .
Administrator of the estate of , deceased.
R. S. Art. 2116 (2062).
All sales of personal property at public auction shall be governed by
the rules governing sales of personal property under execution, unless
herein otherwise provided.
R. S. Art. 2115 (2061).
TEXAS CIVIL FORM BOOK. 31
No. 46.
FORM OF ORDER TO SELL PERSONAL PROPERTY.
Estate of , Deceased. In County Court of
County, Texas, Term (or, in Vacation) A. D. 19. .
On this the day of , A. D. 19 . ., came on to be heard, in
the administration of the above estate, the application of ,
administrator of the estate of , deceased, filed in this court
on the .... day of , A. D. 19 . ., to sell, at in said
county and State, certain personal property belonging to said estate,
to wit: (here describe said property); and it appearing to the court
that it would be to the interest of said estate to sell said property, and
that same is liable to perish or waste: It is therefore ordered by the
court that the above described property be sold by , admin-
istrator of said estate, on the .... day of , A. D. 19 . ., at ,
in said county and State, at public auction, on a credit of six months (or,
at private sale, as the case may be) ; and it is further ordered, that said
sale shall be made according to the full requirements of the law, notes
with approved security taken, and make due return of sale to this court
as the law directs.
R. S. Arts. 2117-2119 (2063-2119).
No. 47.
FORM OF APPLICATION FOR SALE OF REAL ESTATE.
Estate of , Deceased. In County Court of County.
Texas, Term, A. D. 19 . . This day of , A. D.19 . .
To the Hon , Judge of said County Court:
Now comes your petitioner , administrator of the estate
of , deceased, and respectfully shows to the court that it is
necessary to sell a part of the real estate belonging to said estate to pay
the legal charges and claims against the said estate, and he thinks the
tract of land hereinafter mentioned will be sufficient for that purpose.
Your petitioner files with this application an exhibit in writing, verified
by the affidavit of your petitioner, showing fully and particularly the
charges and claims against said estate that have been approved or estab-
lished by suit, or that have been rejected and may yet be established, and
the amount due, or claimed to be due on each, and the estimated expenses
of administration, and the property of said estate remaining on hand
liable for the payment of such charges and claims as required by law.
Wherefore your petitioner prays that citation be issued and served as
required by law, and upon a hearing hereof that an order be issued by
32 TEXAS CIVIL FORM BOOK.
the court authorizing petitioner to sell the following described tract or
parcel of land belonging to said estate, to wit : (here describe the land),
for the purpose above stated.
Administrator of the estate of , deceased.
R. S. Art. 2123 (2069).
Citation shall be issued by the clerk to all persons interested in the
estate, and shall be posted in the manner required for other citations,
for at least thirty days before the first day of the term at which such ap-
plication is to be heard, etc.
R. S. Art. 2125 (2071).
No. 48.
FORM OF EXHIBIT AND OATH ACCOMPANYING APPLICATION FOR SALE
OF REAL ESTATE.
Estate of , Deceased. In County Court of County,
Texas, Term, A. D. 19. .
Statement of the charges and claims against the estate of ,
deceased, in the above entitled cause, heretofore allowed and rejected
with the expenses of administration and of the property belonging to
said estate liable for the payment of the debts thereof.
CLAIMS ALLOWED.
One promissory note for the sum of $ , in favor of
, bearing date .... day of , A. D. 19 . .,
due day of , A. D. 19 $
Account for $ , in favor of , bearing date
.... day of , A. D. 19 . ., due .... day of
A. D. 19 .. Principal and interest * $
CLAIMS REJECTED.
One promissory note for the sum of $ , in favor of
, dated . . . .day of , A. D. 19. ., due
.... day of , A. D. 19. . Principal and interest. ... $
Estimated expenses of administration $
Suit brought on the above rejected claim in ... .Court of
County, Texas, for the amount of same with principal and interest, for
the establishment of same and now pending in said court.
Property of said estate remaining on hand liable for the payment of
such charges and claims:
100 acres of land, situated in County, Texas, a part of the
survey, etc.
TEXAS CIVIL FORM BOOK. 33
The State of Texas, County of
Before me, the undersigned authority, on this day personally appeared
, administrator of the estate of , deceased,
late of said county, who being by me duly sworn says that the above and
foregoing is a full, true and correct statement of the property of said
estate remaining on hand liable for the payment of such charges and
claims against said estate, that have been approved or established by
suit, or that have been rejected and may yet be established, and the
amount due, or claimed to be due on each, with the estimated expenses
of administration as therein stated.
Administrator.
Sworn to and subscribed before me, this the .... day of , A. D.
19..
<Seal.)
R. S. Art. 2123 (2069).
No. 49.
NOTICE OF APPLICATION FOR SALE OF REAL ESTATE.
The State of Texas, to the Sheriff or any Constable of County
— Greeting :
You are hereby commanded to cause to be posted for twenty days in
three of the most public places in your county, one of which shall be at
the courthouse door, and no two in the same city, town or village, copies
of the following notice :
The State of Texas, to all persons interested in the estate of ,
deceased.
Know, ye, that administrator of the estate of
having on the .... day of , A. D. 19. ., filed in the County Court
of County, Texas, application to sell the following
described land belonging to said estate
Xow therefore these are to notify all persons interested in said estate,
to be and personally appear at the next regular term of the honorable
County Court, to be holden at the courthouse in the city of ,
on the first Monday in , A. D. 19 . . , same being the .... day of
said month, and then and there to show cause why such sale should not
be made, should they choose to do so.
Given under my hand and seal of office this .... dav of A. D.
19..
Clerk County Court, County, Texas.
By , Deputy.
Form Book — 3.
34 TEXAS CIVIL FOBM BOOK.
I hereby certify, that the above and foregoing is a true and correct
copy of the original citation now in my hands.
................ , Sheriff.
By ............ , Deputy.
R. S. Art. 2124 (2070).
No. 50.
FORM OF ORDER OF SALE.
Estate of ............ , Deceased, ............ , Administrator. In
County Court of ....... County, Texas ....... Term, A. D. 19 . .
On this the .... day of ...... A. D. 19. ., came on to be heard, in
the administration of the above estate, the application of ...... . ..... ,
administrator of said estate, filed in this court on the .... day of ...... ,
A. D. 19. ., to sell the following described tract or parcel of land be-
longing to said estate, to wit: (here describe the land), which said ap-
plication is accompanied by an exhibit in writing verified by the affidavit
of said administrator showing fully the condition of said estate as re-
quired by law; and it appearing to the court that citation has been duly
served as the law requires, and the court having heard evidence in favor
of and against the same, and having duly considered said evidence, is
satisfied that a necessity exists for such sale: It is therefore ordered
by the court that the above described tract or parcel of land be sold by
............ , administrator of said estate, at public auction to the
highest bidder on a credit of twelve months on the .... day of ...... ,
A. D. 19 . ., at ........ , in the county of ........ , and State of Texas,
(or, for cash at private sale), and that he make a report thereof to this
court within thirty days after sale has been made.
County Judge of County, Texas.
R. S. Art. 2126 (2072).
Note. — When sold at public auction twenty days' notice of sale must
be given. Private sales, or sales for cash,
R. S. Arts. 2128-2129 (2074-2075).
No. 51.
FORM OF NOTICE OF SALE.
Estate of , Deceased, , Administrator. In
County Court of County, Texas Term, A. D. 19 ..
Notice is hereby given that I, administrator of the estate of
deceased, will, on the day of , A. D. 19. ., being the first
TEXAS CIVIL FORM BOOK. 35
Tuesday of said month, at in the county of , State of
Texas, sell at public auction to the highest bidder the following described
tract or parcel of land belonging to said estate, to wit: (here describe
the land.) The terms on which I will sell said above described land ar»
as follows: (here give the terms).
Witness my hand this the .... day of , A. D. 19. .
Administrator of the estate of , deceased.
R. S. Art. 2131 (2077).
All public sales of real estate shall be advertised at least twenty days
before the day of sale.
R. S. Art. 2130 (2076).
No. 52.
FORM OF REPORT OF SALE.
Estate of , Deceased, , Administrator. In
the County Court of County, Texas, Term
A. D. 19.., day of , A. D. 19..
To the Hon. , Judge of said Court :
Now comes , administrator of said estate, and here now
reports to the court that in obedience to an order of sale made by this
court on the .... day of , A. D. 19 . ., he did, on the .... day of
, A. D. 19. ., at , in the county of and State
of Texas, at public auction (or, at private sale as the case may be), sell
to of county, State of Texas, the following de-
scribed property belonging to the estate of , deceased, to
wit : (here describe the property), for the sum of dollars, as fol-
lows : (here give the amount for which each article was sold), and on the
following terms: (here give the terms of sale). Said property so sold
is the same property described in said order of sale, and the terms of
sale are the same as therein set forth.
Administrator.
Subscribed and sworn to before me, under my official hand and seal,
this the day 6f , A. D. 19. .
(Seal.)
R. S. Art. 2142 (2088).
Eeport of sale should be returned to the court within thirty days after
the sale.
R. S. Art. 2141 (2087).
36 TEXAS CIVIL FORM BOOK.
No. 53.
FORM OF ORDER CONFIRMING SALE.
Estate of , Deceased, , Administrator. In
the County Court of County, Texas, Term, A. D. 19 ..
On this the .... day of , A. D. 19 . ., came on to be heard in the
administration of the estate of , deceased, the report of
sale of , administrator of said estate, of the property herein
described, made in obedience to the order of this court made on the ....
d.ay of , A. D. 19. ., and entered upon the minutes of this court;
and it appearing to the court that the said report had been filed in this
court for the time required by law, and the court having inquired into
the manner in which said sale was made, and having heard evidence in
favor of and against said report, is satisfied that the sale was fairly made
and in conformit}r with law and for a fair price : It is therefore ordered
by the court that the said report of sale be and the same is here now in
all respects approved and confirmed. It is further ordered by the court
that the said report be recorded by the clerk of this court, and that the
proper conveyance of the property described therein be made to said
, the purchaser named in said report, upon his compliance
with the terms of said sale.
County Judge of County, Texas.
R. S. Art. 2144 (2090).
Note. — Order confirming sale can be made at any time after the ex-
piration of five days from the filing of the report.
No. 54.
FORM OF DEED BY ADMINISTRATOR.
The State of Texas, County of
Know all men by these presents: That, whereas, by an order of the
county court, sitting in matters of probate, made at the Term, A.
D. 19 . . , of said court, directing^ the sale of the tract or the parcel of
land hereinafter described, belonging to the estate of , de-
ceased, the administration of which was then pending in said court, upon
an application for an order of court to sell said land, made to said court
on the .... day of , A. D. 19. ., I, , administrator of
the estate of said , deceased, did on the .... day of ,
A. D. 19. ., the same being the first Tuesday of , A. D. 19. ., be-
tween the hours of 10 a. m. and 4 p. m. of said day, sell said
premises in the county of , at the courthouse door thereof, at
TEXAS CIVIL FORM BOOK. 37
public auction, on a credit of months, to for the
sum of dollars, that being the highest and best bid for the same ;
and whereas, the report of sale was, on the .... day of , A. D.
19 . . . ., made to said court, and notice of sale was duly given for the time
and in the manner required by law; and whereas, the said report of sale
made as aforesaid was, at the term, A. D. 19. ., the same being a
regular term of said court, on the .... day of , A. D. 19. ., in all
respects approved and confirmed by a decree of said court as follows:
(here insert the decree of confirmation).
Now therefore I, , administrator of the estate of
, deceased, in consideration of the premises and that said
purchaser has executed his note for the sum of dollars, payable on
the .... day of , A. D. 19 . ., (here give brief description of note),
secured by good personal sureties and a mortgage on said premises, have
granted, sold and conveyed and by these presents do grant, sell and con-
vey to the said of county, in the State of Texas,
all that certain tract or parcel of land situated in the county of ,
State of Texas, more particularly described as follows, to wit: (here de-
scribe the land); to have and to hold the above described premises, to-
gether with all and singular the rights and appurtenances thereto in any-
wise belonging, unto the said , his heirs and assigns forever.
Witness my hand this .... day of , A. D. 19 ..
Administrator of the estate of , deceased.
FORM OF ACKNOWLEDGMENT.
The State of Texas, County of
Before me, , a notary public (or, other officer, as the case
may be) in and for the county of and State of Texas, on this
day personally appeared , known to me (or, proved to me
on the oath of ) to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that he executed
the same, as administrator of the estate of , deceased, for
the purposes and consideration therein expressed and in the capacity
therein set forth.
Given under my hand and seal of office this .... day of , A. D.
19..
Notary Public (or other officer) in and for County, Texas.
R. S. Art. 2147 (2092).
38 TEXAS CIVIL FORM BOOK.
No. 55.
APPLICATION FOR SPECIFIC PERFORMANCE UNDER CONTRACT.
Estate of , Deceased, , Administrator. In
County Court of County, Texas, Term, A. D. 19 ..
To the Hon , Judge of said Court:
Now conies your petitioner , of County, Texas,
and respectfully represents to the court, that , deceased, in
his lifetime, to wit, on the day of , A. D. 19. ., executed and
delivered to your petitioner, his bond in writing (or, other written agree-
ment, as the case may be) in due form of law which is hereto attached,
marked Exhibit "A" and made a part hereof, whereby the said decedent
in his lifetime agreed, bound and obligated himself, his heirs, executors
and administrators, in the sum of dollars, to make your petitioner,
his heirs and assigns, upon the payment of a certain promissory note of
dollars, executed by your petitioner and payable to the said
, due on the .... day of , A. D. 19 . ., and in said bond
specified, good and sufficient titles, in fee simple, to the following de-
scribed tract of land, to wit: (here describe the land); that your peti-
tioner has heretofore been and is now ready to pay off said note, principal
and interest, and to comply with his part of the contract under which
&aid bond was given ; that the said lately departed this life
in County, Texas, without having made such title or having
carried out his part of said contract, and that , a resident of
said county, is the lawfully constituted administrator of the estate of said
decedent.
Wherefore your petitioner prays the court, that , adminis-
trator as aforesaid, be cited to appear at the next regular term of this
court, and show cause why a specific performance of such bond (or,
written agreement, as the case may be) should not be decreed, and that
by a decree of this court then and there made up and entered, the said
, as the administrator of the estate of , de-
ceased, be ordered and required to execute good and sufficient titles in fee
simple to your petitioner for said tract of land in accordance with the
tenor and terms of said bond, and for such other orders that may be
necessary, etc.
R. S. Art. 2151 (2096).
TEXAS CIVIL FORM BOOK. 39
No. 56.
DECREE ORDERING SPECIFIC PERFORMANCE.
Estate of , Deceased , Administrator. In
County Court of County, Texas, Term, A. D.
19.., day of , A. D. 19..
On this day came on to be heard the complaint of , made
and filed herein as the law directs for a specific performance of bond al-
leged to have been executed by , deceased, in his lifetime,
accompanying said complaint, and it appearing to the satisfaction of the
court upon due examination of same, that , deceased, in
his lifetime, to wit, on the .... day of , A. D. 19. ., executed and
delivered said bond, in due form of law, to the said ,
whereby the said decedent, in his lifetime as aforesaid, agreed, bound and
obligated himself, his heirs, executors and administrators, in the sum of
dollars, to make the said ., his heirs and assigns, upon
the payment of a certain promissory note of dollars, in said bond
specified, good and sufficient title, in fee simple, to the following de-
scribed tract of land, to wit: (here describe the land ); and it
further appearing to the court that the sale of said land, as aforesaid,
was legally made and that the said has heretofore been and
is now ready to comply with his part of the contract, under which
said bond was given, by paying off and discharging said promissory note
therein specified, and prays that a specific performance of said bond be
decreed; and it further appearing to the court that said administrator
has been duly cited to appear at this term of the court and show cause
why said decree should not be made, and no cause as aforesaid has been
shown :
It is therefore ordered and decreed by the court, that upon the payment
of the said promissory note of dollars, in said bond specified, with
the interest -thereon accrued, said bond according to the legal tenor and
effect thereof be specifically performed, and in compliance herewith
the said , administrator as aforesaid, is required and ordered
to execute and deliver to the said , his heirs and assigns,
good assurance of title in fee simple to said tract of land according to
the legal tenor and effect of said bond, and that the said ,
administrator as aforesaid, shall have full acquittances entered thereon,
and shall file the same with his other vouchers in this court.
R. S. Art. 2152 (2097).
The administrator in making conveyance of said land should recite
the decree of the court authorizing the same.
R. S. Art. 2153 (2098).
40 TEXAS CIVIL FORM BOOK.
No. 57.
FORM OF APPLICATION FOR SALE OF REAL ESTATE UNDER
MORTGAGE.
Estate of , Deceased , Administrator. In
County Court of County, Texas, Term, A. D. 19 ..
To the Hon , Judge of said Court :
Now comes your petitioner, , of County, Texas,
and respectfully represents to the court, that , deceased, in
his lifetime, to wit, on the .... day of , A. D. 19. ., made, executed
•and delivered to your petitioner a certain promissory note for the sum of
$ , due on the .... day of , A. D. 19 . ., bearing interest from
date thereof at the rate of .... per cent per annum until paid, and se-
cured by a mortgage or deed of trust of even date with said note, on
acres of land out of the survey, situated in
County, Texas, more fully hereinafter described, made and executed by
, deceased, during his lifetime, to , as trustee,
in trust, for the use and benefit of your petitioner in the payment of
said above described note, as is more fully shown by a copy of said note
and mortgage hereto attached, marked Exhibits "A" and " B," each re-
spectively, and made a part hereof, whereby said decedent, in his lifetime
as aforesaid, granted, bargained and sold unto the said , as
trustee, said acres of land, described as follows, to wit : (here de-
scribe said land) to have and to hold said land in trust upon the terms
and conditions therein set forth to secure your petitioner in the payment
of said note, both principal and interest, and your petitioner further rep-
resents to the court that said note is long past due, and is wholly unpaid,
and the same, as well as the lien of said mortgage or deed of trust, has
J>een allowed by , of said county, the duly qualified admin-
istrator of said estate, and approved by the court as required by law, as
appears from the indorsements on said note and deed of trust.
Wherefore, your petitioner prays the court that , admin-
istrator of the estate of . . . , deceased, be cited to appear at the
next regular term of this court to answer this application, and that an
order be then and there granted by your honor, authorizing and requiring
said administrator to sell for cash, the said acres of land, or so
much thereof as may be required to pay off and satisfy said claim, and
to apply the proceeds of said sale to the payment of said claim, and for
such other orders that may be necessary, etc.
R. S. Art. 2121 (2067).
The same notice of said application shall be given as is required to
obtain an order for the sale of such property.
TEXAS CIVIL FORM BOOK. 41
No. 58.
ORDER FOR SALE OF REAL ESTATE UNDER MORTGAGE.
Estate of , Deceased , Administrator. In
County Court of County, Texas, Term, A. D. 19 ..
On this the .... day of , A. D. 19 . . , came on to be heard the
application of , made and filed as the law directs, for the
sale of said acres of land described therein, and it appearing to the
court upon due examination of same, that , deceased, in
his lifetime, executed and delivered to , his promissory
note for the sum of $ , due on the .... day of , A. D. 19. .,
with interest at the rate of .... per cent per annum from date thereof
until paid, described in said application, and also on same date executed
and delivered in his lifetime said mortgage or deed of trust described
in said application to , as trustee, in trust, for the use and
benefit of and to secure the said in the payment of said
note, on said acres of land out of the survey, situated in
County, Texas, described as follows, to wit : (here describe said
land). And it further appearing to the court that said promissory note,
although just and long since due, is wholly unpaid, and that the same,
as well as the lien of said mortgage or deed of trust, has been duly al-
lowed and approved as required by law, and it further appearing to the
court that , administrator of said estate, has been duly
cited as the law directs to appear and answer said application, and that
no cause has been shown, why the order therein prayed for should not
be granted:
It is therefore ordered by the court that the said ad-
ministrator as aforesaid, be and he is hereby required to sell said prop-
erty for cash, at private sale, and to apply the proceeds thereof to the
payment of said note, or so much thereof as may be necessary for the pay-
ment of the same: and it is further ordered that the said administrator
shall have a relinquishment in full entered on said mortgage or deed of
trust, and that it, together with said note duly receipted, be filed with his
other vouchers in said court, and that he make due return of said sale
to this court as the law directs.
R. S. Art. 2121 (2067).
When sale is made at public auction due and legal notice of sale must
be given.
42 TEXAS CIVIL FORM BOOK.
No. 59.
APPLICATION FOR PARTITION AND DISTRIBUTION.
Estate of , Deceased , Administrator. In
County Court of County, Texas, Term, A. D. 19 . .
To the Hon , Judge of said Court:
Now comes your petitioner , of County, Texas,
and respectfully represents to the court, that he is one of the heirs of the
estate of , deceased, and is interested in said estate; that
letters of administration by an order of this court were granted to
, at the term thereof, A. D. 19 . ., on the estate of
the said , deceased, and said administration is still open
and pending in this court; that there has heen one term of said court
after the expiration of twelve months from the original grant of said
letters of administration; that the assets of said estate, now in the hands
of said administrator, are by a large amount, more than sufficient to pay
all the debts and expenses of every kind which have been approved or es-
tablished by judgment, or which may yet be established by judgment, and
also the probable future expenses of administration; that the residue of
said estate is subject to partition and distribution; and your petitioner
further represents, that , the administrator of said estate,
, a minor, who has no legally qualified guardian within
this State, , the wife of , , a
minor and ward of , and your petitioner, all residents of
County, Texas, are all and the only lawful heirs of said estate.
Wherefore, your petitioner prays the court, that the said ,
administrator of said estate, the said , minor, and his guard-
ian , the said , and his wife ,
and the said minor , be cited to appear at the next regular
term of this court and show cause why a partition and distribution of
the residue of said estate should not be made among the heirs thereof,
and that a decree then and there be made by your honor for the partition
and distribution of the residue of said estate, that commissioners be ap-
pointed and writ of partition issue, and for such other and further or-
ders that may be necessary, etc.
R. S. Arts. 2154-2158 (2099-2103).
Citation shall issue returnable to some regular term of the court and
shall require all persons interested in said estate to appear and show
cause why such partition and distribution should not be made.
R. S. Art. 2155 (2100).
When application is made by any one other than said administrator,
said administrator shall be cited to appear and file in said court a full
and complete exhibit, etc.
R. S. Art. 2157 (2102).
Partition. See 29th Leg., Reg. Ses. (1905), p. 108.
TEXAS CIVIL FORM BOOK. 43
No. 60.
APPOINTMENT OF GUARDIAN AD LITEM.
No Estate of , Administrator. In County Court
of County, Texas, Term, A. D. 19. .
It being shown to the court that , one of the defendants
in the above entitled cause, is a minor, and that he has no guardian within
this State, is hereby appointed guardian ad litem for the
purpose of defending said suit for the said
R. S. Art. 2161 (2106).
No. 61.
CITATION IN PARTITION AND DISTRIBUTION.
The State of Texas, to the Sheriff or any Constable of County
— Greeting :
Whereas, on the . . : . day of , A. D. 19 . ., of the
estate of , deceased, filed in the County Court of
County. .... application for the partition and distribution of said estate,
and alleging that , , and are
entitled to a share of said estate:
Therefore, you are hereby commanded to summon and require the said
and all persons interested in said estate, to be and appear
before said County Court at the next term thereof, to be held at the
courthouse of said ....... County, in on the .... Monday in
, A. D. 19. ., the same being the .... day of , A. D. 19. .,
then and there to show cause why such partition and distribution should
not be made.
Herein fail not, but have you then and there before said court on the
said first day of the next term hereof, this writ, with your return thereon,
showing how you have executed the same.
Witness,
Clerk of the County Court of County.
Given under my hand and the seal of said court, at my office in
, this the day of , A. D. 19. .
Clerk of the County Court of County.
By.... , Deputy.
R. S. Art. 2155 (2100).
44 TEXAS CIVIL FORM BOOK.
No. 62.
DECREE OF PARTITION.
Estate of , Deceased , Administrator. In
County Court of County, Texas, Term, A. D. 19 ..
On this the .... day of , A. D. 19. ., came on to be heard the
application of , made and filed herein as the law directs
for a partition and distribution of the residue of the estate of ,
deceased, and it appearing to the satisfaction of the court that twelve
months have elapsed since granting said letters of administration and
that there has been a regular term of said court since the expiration
thereof; and that the assets of said estate, now in the hands of said ad-
ministrator, are by a large amount, more than sufficient to pay all the
debts and expenses of every kind which have been approved or established
by judgment or which may yet be established by judgment, and also the
probable future expenses of administration, and it further appearing to
the court, that said debts and expenses amount to the sum of
dollars, and the residue of said estate subject to partition and distribu-
tion after deducting from the entire assets of said estate the amount of
the debts and expenses aforesaid of said administration, is as follows,
to wit: (here describe the property); and it further appearing to the
court, that the following named persons, all residents of County,
Texas, are by law entitled to partition and distribution of the residue of
said estate, to wit, , the administrator of said estate,
, and , both minors, , the wife
of , and , share and share alike, and are the
only heirs at law of the estate of , deceased; that
is a minor, without a legal guardian within this State,
and that , a resident of County, Texas, has been
appointed by this court guardian ad litem to appear and to represent
said minor's interest herein, and that is the legal guardian
of the said minor , and that all of said named parties have
been duly cited, as the law directs, to appear and answer herein and show
cause why the residue of said estate should not be partitioned and dis-
tributed among said heirs, and no cause aforesaid has been shown; and
that said administrator has filed in this court a full and complete ex-
hibit and account of the condition of said estate; and it further appear-
ing to the court that the following described property is amply sufficient
to pay all the debts and expenses aforesaid of said administration, to wit :
(here describe the money and property).
' It is therefore ordered and decreed by the court, that the residue of
said estate, as above described, be and is hereby ordered and directed par-
titioned and distributed equally, share and share alike, among said named
persons, to wit: (here give the names.)
It furtfier appearing to the court, that , ,
and , all residents of County, Texas, discreet and
TEXAS CIVIL FORM BOOK. 45
disinterested persons in said estate, are hereby appointed commissioners
to make a fair, just and impartial partition and distribution of said
estate as above indicated, among said named persons in the following
order :
1. Of the land or other property by allotment to each distributee of
a part in each parcel or of parts in one or more parcels, or of one or more
parcels, either with or without the addition of a part or parts of other
parcels, as shall be most for the interest of the distributee; provided,
the said real estate is capable of being so divided without manifest in-
jury to all or any of the distributees.
2. If the real estate is not capable of a fair, just and equal division
hi kind, but may be made so by allotting to one or more of the distrib-
utees a proportion of money or other personal property to supply the
deficiency or deficiencies, the commissioners shall have power to make,
as near as may be, an equal division of the real estate and supply the
deficiency of any share or shares from the money or other property.
3. The commissioners shall proceed to make a like division in kind,
as near as may be, of the money and other personal property, and shall
determine by lot among equal shares to whom each particular share shall
belong and are hereby commanded to proceed forthwith to make such
partition and distribution in accordance with the decree of this court
and make due report to the term, A. D. 19. ., of this court, ir.
writing of their proceedings, subscribed and sworn to by them, contain-
ing a statement of the property divided by them, and also a particular
description of the property allotted to each distributee and its value, (if
real estate) with a general plat of said land with the division lines
plainly set down and the number of acres in each share, for which writ
of partition and distribution may issue.
It is further ordered and directed that , administrator
of said estate, shall retain in his hands for the payment of the debts and
expenses of said administration dollars (or, the following described
property ).
R. S. Art. 2162 (2107).
If the estate to be distributed shall consist only of money or debts due
the estate, or both, the court shall fix the amount to which each dis-
tributee is entitled, and order the payment and delivery thereof by the
administrator.
R. S. Art. 2163 (2108).
If the estate does not consist entirely of money or debts due the estate,
or both, the court shall appoint three or more discreet and disinterested
persons as commissioners, to make a partition and distribution of the
estate.
R. S. Art. 2164 (2199).
46 TEXAS CIVIL FORM BOOK.
No. 63.
REPORT OF COMMISSIONERS.
Estate of , Deceased , Administrator. In
County Court, County, Texas, ........ Term, A. D. 19 ..
To the Hon , Judge of said Court:
We, the undersigned commissioners, respectfully represent to the court,
that by virtue of a writ of partition and distribution to us directed from
the county court of said county, we have this day as therein required,
according to law and the certified, copy of decree, accompanying said
writ, made a fair, just and impartial partition and distribution of -the
property described in said decree as belonging to the estate of ,
deceased, among the heirs and distributees of the same, to the best of
our skill and knowledge, the result whereof we respectfully submit to the
consideration of the court as follows, to wit :
To ,, we have distributed the following described prop-
erty: (here describe the property, giving the separate and total value
thereof).
To , we have distributed the following described prop-
erty: (here describe the property, giving the separate and total value
thereof).
To , we have distributed the following described prop-
erty: (here describe the property, giving the separate and total value
thereof).
To , we have distributed the following described prop-
erty: (here describe the property, giving the separate and total value
thereof).
(When, in the opinion of the commissioners, any of said property is
incapable of division, the additional special report should be added).
And the commissioners further report that the following described
tract of land, consisting of acres, situated in County,
Texas, described in a copy of decree, to wit: (here describe land), in
our opinion, is not capable of a fair and equal division among said dis-
tributees, the value of which we appraise at dollars.
Witness our hands this the .... day of , A. D. 19. .
Commissioners.
Subscribed and sworn to before me. this the .... day of , A. D.
19..
A plat of said land should acr ompany report.
R. S. Art. 2168 (2113). »
TEXAS CIVIL FORM BOOK. 47
No. 64.
ORDER OF COURT APPROVING REPORT OF COMMISSIONERS.
Estate of , Deceased , Administrator. In
County Court of County, Texas, Term, A. D. 19 ..
On this the .... day of , A. D. 19. ., came on to be heard in the
administration of the estate of , deceased, the report of
said commissioners appointed by this court to- partition and distribute
said estate among the heirs thereof, made in obedience to the order of
this court, made on the .... day of , A. D. 19. ., and it appearing
to the court, after having examined the same carefully and having heard
all exceptions and objections made thereto, and having heard evidence in
favor of and against the same, that said division has been fairly made
according to law, and no valid exceptions having been taken thereto :
It is therefore ordered by the court that the said report of partition
and distribution be and the same is here now in all respects approved and
ordered entered of record by the clerk of this court.
It is further ordered by the court that the title be vested in each of
said distributees of their respective shares or portions of the property as
set apart to them by said commissioners in said report.
It is further ordered by the court that , administrator of
said estate of , deceased, deliver to the said distributees their
respective shares of the estate as set apart to them in said report on de-
mand, together with all the title deeds and papers belonging to the same.
R. S. Arts. 2169 (2114), 2180 (2125).
When any portion of said estate lies in another county and cannot be
fairly partitioned, the same may be ordered sold by the court.
R. S. Art. 2177 (2122).
No. 65.
APPEAL BOND IN MATTER OF PROBATE.
The State of Texas, County of Estate of , De-
ceased.
Whereas, in a certain proceeding in the County Court of
County, in the estate of , deceased, at the term, A.
D. 19. ., the following judgment was rendered (here set out the judg-
ment), from w'hich judgment has appealed to the district
court of said county of , and given notice of said appeal, an
entry whereof has been entered of record in said county court, and the
amount of bond fixed by said court at dollars:
Now therefore we, , as principal, and and
, as sureties, acknowledge ourselves bound to pay ,
48 TEXAS CIVIL FORM BOOK.
county judge in and for said county, and his successors in office, the
sum of dollars, conditioned that the said shall pros-
ecute his appeal to effect, and perform the decision, order, decree or
judgment which the district court shall make thereon, in case said cause
shall be decided against him.
Witness our hands this the .... day of , A. U. 19. .
Approved the .... day of , A. D. 19 ..
Clerk County Court, County, Texas.
R. S. Art. 2256 (2201).
Bond must be filed within fifteen days after decree or judgment.
Proceedings in the county court in probate matters may be revised and
corrected by certiorari to the district court.
R. S. Art. 332 (290).
Appeals and writs of error to the appellate court, from the judg-
ments of the district courts in cases of certiorari, shall be allowed, and
shall be governed by the same rules as in other cases.
R. S. Art. 340 (208).
JNo. 66.
AFFIDAVIT IN LIEU OF APPEAL BOND.
The State of Texas, County of No Estate of
, Deceased. In County Court of County,
Term, A. D. 19. .
Before me, the undersigned authority, on this day personally appeared
, who being by me first duly sworn, on his oath says, that
at a regular term of the county court of County, Texas, sitting
for probate business, in the estate of , deceased, to wit, on
the .... day of , A. D. 19. ., the following judgment was ren-
dered (here set out the judgment), from which said judgment he, the
said , desires to prosecute an appeal to the district court of
said county of , and has given notice of said appeal, an entry
whereof has been entered of record in said county court; and the appeal
TEXAS CIVIL FORM BOOK. 49
bond has been fixed at the sum of dollars and that he is unable
to give the appeal bond in said eau^e; that he has made diligent efforts
to give such bond and is unable to do so by reason of his poverty.
Subscribed and sworn to before me, by , this the .... day
of , A. D. 19..
R. S. Art. 2258 (2203).
Affidavit must be filed with the county clerk within the time prescribed
for giving appeal bond.
No. 67.
PETITION OF SURETY FOR NEW BOND AND RELEASE.
Estate of , Deceased , Administrator. In
County Court of County, Texas, Term, A. D.
19. . (or, in Vacation).
To the Hon , Judge of said Court:
Now comes your petitioner , of County, Texas,
and respectfully represents to the court, that he is one of the sureties for
on his bond heretofore given as administrator of the estate
of , deceased, in this court, and that your petitioner desires
to be released and discharged from all liability for the future acts as
surety on said bond.
Wherefore your petitioner prays the court that the said ,
administrator of the estate of , deceased, be cited to appear
before your honor, at such time as to your honor may seem fit, and then
and there be required to give a new bond, and that your petitioner be
discharged from all further liability for the future acts of said admin-
istrator.
R. S. Art. 1952 (1899).
Citation shall issue requiring the administrator to appear before said
court on some day named therein, either in term time or in vacation,
not later than ten days from the date of such citation, and five days'
service thereof, exclusive of the day of service, shall be sufficient.
R. S. Art. 1953 (1900).
Form Book — 4.
50 TEXAS CIVIL FORM BOOK.
No. 68.
FORM OF APPLICATION FOR NEW BOND.
Estate of , Deceased , Administrator. lu
County Court of County, Texas, Term, A. D. 19 ..
To the Hon , Judge of said Court:
Now comes your petitioner , of County, Texas,
and respectfully represents to the court, that he is interested in and a
creditor of the estate of , deceased, in the sum of
dollars; and that by an order of this court, passed at a regular term
thereof, to wit, at the term, A. D. 19. ., letters of administration
upon said estate were granted to , upon his executing a
bond for dollars, for the faithful performance of his duties as ad-
ministrator thereof, that the appraised value of said estate, as appears
from the inventory and appraisement thereof, now on file in said court,
amounts to .... dollars, and that said bond, not being in a sum equal
to double the estimated value of said estate, is therefore insufficient (or,
here state some other legal grounds).
Wherefore your petitioner prays the court, that the said ,
administrator of the estate of , deceased, be cited to appear
before your honor, at such time as to your honor may seem fit, and show
cause why he should not, as administrator of said estate, give a new bond.
R. S. Art. 1951 (1898).
Any person interested in said estate may demand new bond. Citation
shall issue to said administrator to appear before the county judge on
some day named therein, not later than ten days from the date of such
citation, either in term time or in vacation, and five days' service thereof,
exclusive of the day of service, shall be sufficient.
R. S. Art. 1953 (1900).
No. 69.
CITATION FOR NEW BOND.
Estate of , Deceased. In the County Court of
County, Texas.
The State of Texas, to the Sheriff or any Constable of County —
Greeting :
You are hereby commanded to summon , administrator
of the estate of , deceased, to be and appear before the
county judge of County, Texas, at the courthouse of said county
in on tKe . . . . day of , A. D. 19 . ., then and there to show
cause why he should not give a new bond as administrator of said estate.
TEXAS CIVIL FORM BOOK. 51
Herein fail not, but of this writ make due return, showing how you
have executed the same.
Witness my hand and official seal this .... day of , A. D. 19. .
(Seal.)
Clerk County Court, County, Texas.
By , Deputy.
R. S. Art. 1953 (1900).
No. 70.
FORM OF ORDER REQUIRING NEW BOND.
Estate of , Deceased. In County Court of County,
Texas, this day of , A. D. 19. .
This day came on to be heard the application of , filed
in this court on the .... day of , A. D. 19 . ., to require ,
administrator of said estate, to give a new bond as such administrator
on the ground that the bond heretofore given by him is insufficient; aud-
it appearing to the court that the said has been duly cited
as required by law, and the court, having inquired into the reason there-
for,, is satisfied that a new bond should be required:
It is therefore ordered by the court that the said be and
is hereby required to give a new bond as administrator of the estate of
, deceased, in the sum of dollars, within .... days
from this date (within twenty days from date of order).
R. S. Art. 1954 (1901).
No. 71.
ORDER DISCHARGING SURETY ON BOND.
Estate of , Deceased , Administrator. In
County Court of County, Texas, Term, A. D.
19.., .... day of , A. D. 19..
It appearing to the court that , administrator of the
estate of , deceased, has given and filed in this court a new
bond as such administrator, in accordance with the order of this court
made on the .... day of , A. D. 19 . . , within the time required by
said order, and approved by this court and entered upon the minutes
thereof :
It is therefore ordered by the court, that he, the said ,
surety on the former bond of , as the administrator of
the estate of , deceased, be and he is hereby released and
discharged from all liability for the future acts of said administrator.
R. S. Art. 1956 (1903).
52 TEXAS CIVIL FORM BOOK.
No. 72.
CLERK'S NOTICE TO FILE ACCOUNT.
, Texas, , 19. .
To , Administrator of the Estate of , De-
ceased :
You are hereby notified that under the provisions of the law you are
required to make a report, showing the condition of the above mentioned
estate, on or before the next term of the county court, to be held at the
courthouse in , Texas, on the .... Monday in , A. D. 19 . .
Should you fail to make such report the court is required by law to
cause you to be cited by the sheriff, and additional costs will be incurred
by such citation.
Your attention is respectfully called to the law governing estates, in-
dorsed on the back hereof.
Yours truly,
County Clerk.
By , Deputy.
R. S. Art. 2193 (2138).
No. 73.
FORM OF ORDER OF REMOVAL OF ADMINISTRATOR WITHOUT NOTICE.
No Estate of , Deceased. In County Court of
County, Texas, Term, A. D. 19 .. This day
of , A. D. 19..
It appearing to the court that , who was heretofore, on
the .... day of , A. D. 19. ., appointed by this court adminis-
trator of the estate of , deceased, has neglected to qualify
as such administrator in the manner or within the time required by law
(here state the grounds of removal) :
It is therefore ordered by the court, that the said be and
is hereby removed from the administration of the estate of the said
, deceased, as administrator thereof.
County Judge of County.
R. S. Art. 2026 (1973).
TEXAS CIVIL FORM BOOK. 53
No. 74.
FORM OF ORDER OF REMOVAL OF ADMINISTRATOR WITH NOTICE.
No Estate of , Deceased. In County Court of
County, Texas, Term, A. D. 19. . This day
of , A. D. 19..
This day came on to be heard the application of for the
removal of from the administration of the estate of
deceased, as administrator thereof, filed in this court on
the .... day of , A. D. 19. ., and it appearing to the court that
the said has been duly cited as required by law, and it ap-
i aring to the court from the evidence that the said has
been guilty of gross neglect (or, mismanagement) in the performance
of his duty as such administrator, it is therefore ordered by the court
that he, the said , be and is hereby removed from the ad-
ministration of the estate of the said , deceased, as admin-
istrator thereof.
County Judge of County, Texas.
R. S. Art. 2027 (1974).
No. 75.
FORM OF APPLICATION TO RESIGN AS ADMINISTRATOR.
No Estate of , Deceased. In County Court of
County, Texas, this .... day of , A. D. 19. .
To the Honorable Judge of said Court:
Now comes , administrator of said estate, and states to
the court that he wishes to resign as such administrator, and he here
now files with this application a full and complete exhibit of the con-
dition of said estate, together with his administration account, both veri-
fied by affidavit as required by law.
Administrator.
R. S. Art. 2030 (1977).
A full and complete exhibit of the condition of the estate together with
the administration account of the administrator, must accompany said
application.
Citation shall issue returnable to some regular term of the court to
all persons interested in said estate to appear and contest the exhibit
and account, and shall be published for at least twenty days in some
newspaper printed in the county, if there be one; if not, then by posting
copies thereof for a like period in the manner required for posting other
citations.
R. S. Art. 2032 (1979).
54
TEXAS CIVIL FORM BOOK.
No. 76.
FORM OF EXHIBIT AND ACCOUNT OF ADMINISTRATOR ACCOMPANYING
APPLICATION TO RESIGN.
No Estate of , Deceased. In County Court of
County, Texas, Term, A. D. 19 ..
To the Honorable , Judge of said Court:
, , administrator of the estate of , deceased,
would respectfully present herewith a full and complete exhibit of said
estate, together with his administration account, as follows, to wit:
MONEY RECEIVED SINCE MY APPOINTMENT.
Date On What Account Eeceived Amount
„ 19 .. To proceeds of .... acres of land sold to .... $
19 .. To rents on said land for year 19 $
19 .. To proceeds .... head of horses sold to .... $
Total Keceipts $
MONEY EXPENDED SINCE MY EMPLOYMENT.
Date On -What Account Expended Amount
19. . By costs of court No. 1 $....,...
, 19 .. By attorney's fees $
19.. $,
Total Expenditures $
CLAIMS ALLOWED AND UNPAID.
Note for $ , in favor of , for , dated ....
day of , A. D. 19. ., allowed . . day of , 19. ., with ....
interest $
CLAIMS REJECTED.
(here describe claim) not sued on $
CONDITION OF THE AFFAIRS OF THE ESTATE.
Balance in money on hand $
Note for $ , dated day of , A. D. 19 . ., due
.... day of , A. D. 19 . . , with per cent interest
from date executed by , $
100 acres of land, situated in County, Texas, a
part off the survey and now rented to
for year 19 . . , for $
(Here state such other facts that may be necessary to show the exact
•condition of said estate.)
TEXAS CIVIL FORM BOOK. 55
The State of Texas, County of
Before me, , a notary public in and for the county of
, and State of Texas, on this day personally appeared
, administrator of the estate of , deceased,
who, having been by me duly sworn, on his oath says that the above and
foregoing is a true and correct exhibit showing fully the condition of
said estate, together with his administration account.
Subscribed and sworn to before me, this the .... day of , A. D.
19
(Seal.)
No. 77.
FORM OF ORDER APPROVING EXHIBIT AND ACCOUNT.
Estate of , Deceased. In County Court of County,
Texas, Term, A. D. 19 .. This day of ,
A. D. 19..
This day came on to be considered the application of ,
administrator, to resign, accompanied by an exhibit showing the condi-
tion of said estate, together with his administration account duly verified
as required by law; and it appearing to the court that due notice thereof
has been given as the law requires, and the court having examined such
exhibit and account, and heard all proof that was offered in support of
the same, and all objections, exceptions and proof offered against the
same, it appears to the court, that he, the said , adminis-
trator, has accounted for all of said estate according to law, it is there-
fore ordered that said exhibit and account be and they are hereby in all
respects approved, and he, the said , is hereby directed to
deliver the estate of the said , deceased, remaining in his
possession, to , who is qualified by law to receive it.
County Judge of County, Texas.
R. S. Art. 2034 (1981).
56 TEXAS CIVIL FORM BOOK.
No. 78.
FORM OF ORDER DISCHARGING ADMINISTRATOR.
Estate of , Deceased. In County Court County,
Texas, Term, A. D. 19 . . This day of , A. D. 19 . .
It appearing to the court that , administrator of said
estate, has delivered the estate of the said , deceased, in
accordance with the. order of this court made on the .... day of ,
A. D. 19. ., and entered upon the minutes of this court, to ,
and has produced to the court satisfactory evidence of that fact, it is
therefore ordered that the resignation of him, the said ; ,
administrator of said estate, be and it is here now accepted; and it is
also ordered that he, the said , be and he is hereby dis-
charged from the administration of said estate as administrator thereof.
County Judge of County, Texas.
R. S. Arts. 2035-2036 (1982-1983).
No. 79.
FINAL SETTLEMENT OF ESTATE.
R. S. Art. 2190 (2135).
FORM OP APPLICATION OF ADMINISTRATOR FOR FINAL DISCHARGE.
No Estate of '., Deceased. In County Court of
County, Texas, Term, A. D. 19. .
To the Honorable Judge of said Court :
Now comes , administrator of said estate and represents
to the court, that all of the debts of every kind, known to your peti-
tioner, against said estate, have been paid (or if not paid then state have
been paid so far as the assets in the hands of your petitioner as admin-
istrator of said estate will permit,) as fully appears from his final ac-
count this day filed herein in this court, verified by affidavit as required
by law.
Wherefore your petitioner prays the court that citation issue herein
ap required by law for the next term of this court, and that an order be
made and entered by this court discharging your petitioner from all and
further liability and trust, as administrator of said estate, and declaring
said estate to be closed, etc.
Administrator.
TEXAS CIVIL FORM BOOK. 57
No. 80.
FORM OF ANNUAL ACCOUNT OF ADMINISTRATOR.
(See Xo. 370 under Guardian and Ward.)
Executors and administrators shall be required to make annual ex-
hibits under oath, fully showing the condition of the estate; they shall
be required to make final settlement of the estates they represent within
three years from grant of letters, unless the time be extended by the
court after satisfactory showing being made under oath; and upon failure
in either case, shall be removed as provided in article 2027.
R. S. Art. 1875 (1822a).
No. 81.
FORM OF FINAL ACCOUNT OF ADMINISTRATOR.
Estate of , Deceased. In County Court of County,
Texas, Term, A. D. 19 ..
To the Honorable , Judge of said Court :
Xow comes , administrator of the estate of ,
deceased, and respectfully herewith presents his final account with said
estate, as follows, to wit :
1. Since he qualified as said administrator the following property be-
longing to said estate has come into his hands: (here mention the
property as follows)
a. Eeal Estate.
b. Personal Estate.
c. List of Claims.
2. He has disposed of the following property belonging to said estate,
to wit: (here describe the property disposed of).
3. He has paid the following debts against said estate: (here state
the debts paid).
4. The debt and expenses still owing by said estate are as follows,
to wit: (here state the debts and expenses still owing).
5. The following property belonging to said estate still remains on
hand: (here state said property).
6. The persons entitled to receive said estate, and the amount to
which each is entitled, are as follows:
d , an adult, who resides in the county of ,
State of , , is entitled to receive $
e , a minor, who resides in the county of ,
State of , and whose guardian is , who resides in
the county of , State of , is entitled to receive $
7. The following advancements or payments have been made by me,
as administrator, from said estate: To , an adult,
$ To , guardian of , a minor,
58 TEXAS CIVIL FORM BOOK.
8. I herewith present proper vouchers in support of each item of this
account, and ask that the account and vouchers .be filed with the clerk of
this court.
The State of Texas, County of
Before me, , clerk of the county court (or notary public,
as the case may be) of County, Texas, on this day personally
appeared , administrator of the estate of , de-
ceased, who, having been by me duly sworn, on his oath says that the
above and foregoing account contains a correct and complete statement
of the matters to which it relates.
Subscribed and sworn to before me, this .... day of , A. D.
19..
(Seal.)
Clerk of County Court (or Notary Public) of County, Texas.
R. S. Art. 2191 (2136).
It shall be sufficient,- under Art. 2191 (2136), to refer to the inventory
without giving each item in detail; also to refer to and adopt report of
sales, exhibits and accounts of the executor or administrator, including
vouchers which had previously been approved and filed according to law,
without restating the items thereof.
R. S. Art. 2192 (2137).
Citation shall be issued by the clerk, as hereinafter mentioned.
No. 82.
NOTICE ON ANNUAL ACCOUNT.
The State of Texas, to the Sheriff or any Constable of County —
Greeting :
You are hereby commanded to cause to be posted for twenty days, ex-
clusive of the day of posting, before the return day hereof, on the court-
house door of said county, a copy of the following notice : The State of
Texas, to all persons interested in the estate of , deceased :
, administrator of said estate, has filed in the county
court of County, Texas, an annual exhibit of said estate for the
year ending on the .... day of , A. D. 19. ., which will be heard
by our said county court on the . .' . . Monday in , A. D. 19. ., the
same being the .... day of , A. D. 19 . ., at the courthouse of said
county in , at which time all persons interested in said estate
may appear and contest said exhibit, should they desire to do so.
TEXAS CIVIL FORM BOOK. 59
Herein fail not, but have you before said court on the said first day
of the next term thereof, this writ, with your return thereon, showing
how you have executed the same.
Witness, , Clerk of the County Court of County.
Given under my hand and seal of said Court, at office in this
the day of .*. , A. D. 19. .
Clerk County Court, County, Texas.
By , Deputy.
R. S. Art. 1875 (1822).
Twenty days' notice of filing exhibit must be given.
R. S. Art. 1876 (1823).
No. 83.
NOTICE BY PUBLICATION OF FINAL ACCOUNT.
The State of Texas, to the Sheriff or any Constable of County —
Greeting :
, administrator of the estate of , deceased,
having filed in our county court his final account of the condition of the
estate of said , deceased, together with an application to be
discharged from said administration, you are hereby commanded, that
by publication of this writ for twenty days in a newspaper regularly
published in the county of you give due notice to all persons
interested in the account for final settlement of said estate, to file their
objections thereto, if any they have, on or before the Term, 19. .,
of said county court, commencing and to be holden at the courthouse of
said county, in the of on the .... in , A. D.
19. ., when said account and application will be considered by said court.
Witness, , Clerk of the County Court of County.
Given under my hand and seal of said court, at my office, in the ....
of this day of , A. D. 19 . .
Clerk County Court, County.
By , Deputy Clerk.
A true copy, I certify:
Sheriff, County.
By , Deputy Sheriff.
R. S. Art. 2194 (2139).
Such citation shall be published for at least twenty days in a news-
paper printed in the county, if there be one; if not, then by posting, etc.
R. S. Art. 2195 (2140).
60 TEXAS CIVIL FORM BOOK.
No. 84.
AFFIDAVIT BY PUBLISHER OF CITATION.
The State of Texas, County of
Before me, the undersigned authority, on this day personally appeared
, known to me, who, being by me duly sworn, on his oath
deposes and says that he is the publisher (or printer) of the , a
newspaper published in said county; that a copy of the within and fore-
going citation was published in said newspaper for at least twenty days
before the return day named therein, such publication being on the fol-
lowing dates : (here give the dates of said publications), and a newspaper
copy of which is hereto attached.
Sworn to and subscribed before me, this .... day of , A. D.
19..
(Seal.)
Sheriff, County, Texas.
R. S. Art. 2195 (2140).
No. 85.
SHERIFF'S RETURN.
Came to hand on the .... day of , A. D. 19. ., at .... o'clock
a. m., and executed on the .... day of , A. D. 19. ., at .... o'clock
a. m., at , by causing a true copy hereof to be published for
twenty days before the return day hereof in the , a newspaper
published at , in County, Texas. This return is ac-
companied by the affidavit of the publisher of said newspaper, as re-
quired by law. The distance actually traveled in the execution of such
process is miles.
Sheriff, County, Texas.
28th Leg., Reg. 1903, p. 81.
Art. 4905 of R. S. 1895 is so revised as to read as follows, to wit:
Every sheriff and deputy sheriff or constable shall indorse on all process
and precepts coming to their hands, the day and hour on which they re-
ceived them, the manner in which they executed them, and state at what
time and place the process was served, as well as the distance actually
traveled in serving such process and shall sign their returns officially.
TEXAS CIVIL FORM BOOK. 61
No. 86.
FORM OF ORDER ON FINAL ACCOUNT AND AUDITING SAME.
No Estate of , Deceased. In County Court of
County, Texas, Sitting for Probate Purposes,
.. Term, A. D. 19..
On this the .... day of , A. D. 19 . ., came on to be considered,
in the administration of the estate of , deceased, the final
account of , administrator of said estate; and it appearing
to the court that due notice has been given of the filing thereof as re-
quired by law, the court proceeded to examine the said account and the
vouchers accompanying the same and to hear all exceptions and ob-
jections thereto, and the evidence in support of and against the account,
and, having fully considered the same, etc. (the court should re-state
said account, if necessary, and audit and settle the same.)
R. S. Art. 2197 (2142).
Upon a settlement of an estate, if there is any of the estate remaining
in the hands of the executor and administrator, and the heirs, devisees
or legatees of the estate, or their assignee, or either of them, are present
or represented in court, it shall be the duty of the county judge to order
a partition and distribution of the estate to be made among them, upon
satisfactory proof being made that they are entitled to receive it.
R. S. Art. 2198 (2143).
•
If upon such settlement there be none of the estate remaining in the
hands of the executor or administrator, he shall be discharged from his
trust by an order of the court entered upon the minutes, and such order
shall declare said estate closed.
R. S. Art. 2199 (2114).
Whenever in any case the executor or administrator has fully admin-
istered the estate in accordance with the provisions of Title 39, and in
accordance with the order of the court, and has filed proper vouchers,
it shall be the duty of the court to enter upon the minutes an order dis-
charging said executor or administrator from his trust and declaring
said estate to be closed.
R. S. Art. 2200 (2145).
62 TEXAS CIVIL FORM BOOK.
ADMINISTRATION OF COMMUNITY PROPERTY.
R. S. Art. 2219-2238 (2164-2183).
No. 87.
FORM OF APPLICATION FOR COMMUNITY ADMINISTRATION.
Estate of , Deceased (or Insane). In County Court of
County, Texas, this .... day of , A. D. 19 . .
To the Hon , Judge of said court :
Now comes your petitioner, . . . ., who resides in
County, Texas, the husband of , deceased (or insane), and
respectfully shows to the court that his wife died (or, was declared
insane by the county court of County, State of Texas) on the
.... day of , A. D. 19 . ., at , in County,
Texas.
That the said left surviving her the following children,
to wit: , a girl, .... years of age, and , a boy>
.... years of age, both of whom reside in County, Texas.
That there is a community estate between the said , de-
ceased (or insane) wife and myself.
That said deceased died intestate and was, at the time of her death, a
resident of the county of and State of Texas (here state such
facts as show the jurisdiction of the court over the estate).
Wherefore your petitioner asks the court to appoint three appraisers
to appraise said estate as in other administrations.
(Seal.)
R. S. Art. 2222 (2167).
No. 88.
FORM OF ORDER APPOINTING APPRAISERS.
Estate of , Deceased (or Insane). In County Court of
County, Texas, this .... day of , A. D. 19 . .
It is hereby ordered by the court that , . . .
and , of ,. . county, be and they are hereby now ap-
pointed appraisers to appraise the community estate of ,.
deceased, and surviving husband, ,. . . . .
(Seal.)
County Judge, County, Texas.
R. S. Art. 2223 (2168).
TEXAS CIVIL FORM BOOK. 63
No. 89.
FORM OF INVENTORY AND APPRAISEMENT.
Estate of , Deceased. In County Court of
County, Texas.
INVENTORY, APPRAISEMENT AND LIST OF CLAIMS OF THE COMMUNITY.
Estate of , Deceased^- and her surviving husband,
, produced before the undersigned appraisers on the ....
day of , A. D. 19. ., by , administrator of the estate
of , deceased.
COMMUNITY PROPERTY OF SAID COMMUNITY ESTATE.
acres of land situated in County, Texas, part of
the league, valued at $ ,
head of cattle valued at $
LIST OF COMMUNITY DEBTS DUE SAID ESTATE.
Note signed by , dated , and due
with interest at the rate of .... per cent per annum from date, for
We, the undersigned appraisers, solemnly swear that the foregoing is a
full, fair and' complete inventory and appraisement of 'the community
estate of , deceased, and surviving husband, ,
and list of all community debts due said estate, produced before us by
, administrator.
Sworn to and subscribed before me, this .... day of , A. D.
19..
LIST OF INDEBTEDNESS DUE BY SAID ESTATE.
One promissory note, for the sum of $ , dated ,
with interest at the rate of ... per cent per annum from date, payable to
the order of , whose postoffice address is ,
Texas.
I do solemnly swear that the foregoing inventory and appraisement
and lists is a full, fair and complete inventory and appraisement, list of
claims and list of indebtedness of said community estate of ,
deceased, and myself, that have come to my knowledge.
Sworn to and subscribed before me, this .... day of , A. D.
19..
R. 8. Art. 2224 (2169) amended by 29th Leg., Reg. Ses. (1905), p. 33(5.
64 TEXAS CIVIL FORM BOOK.
No. 90.
FORM OF BOND OF SURVIVOR.
Estate of , Deceased. In County Court of County,
Texas.
Know all men by these presents, that we, , hus-
band of the said , deceased (or insane), as principal,
and and "....., as sureties, acknowledge ourselves
bound to pay to , county judge of County, Texas,
the turn of dollars (value of the community estate as shown by
the appraisement), conditioned that he, , the husband of
the said , deceased (or insane), will faithfully administer
the community of himself and the said , his deceased (or
insane) wife, and pay over one-half the surplus thereof, after the pay-
ment of the debts with which the whole of such property is properly
chargeable, to such person' or persons as shall be entitled to receive the
same.
(Seal.)
Approved this .... day of , A. D. 19. .
(Seal.)
County Judge of County, Texas.
R. S. Art. 2225 (2170).
No. 91.
FORM OF ORDER APPROVING INVENTORY, APPRAISEMENT AND LIST
OF CLAIMS OF COMMUNITY ESTATE.
R. S. Art. 2226 (2117).
Estate of , Deceased (or Insane). In County Court of
County, Texas, Term, A. D. 19. ., (or in Vacation).
On this the .... day of , A. D. 19 . ., came on to be considered
the report of the inventory, appraisement and list of claims of the com-
munity estate of , deceased, and surviving husband,
, made by and , who have
heretofore been appointed by the court to appraise said community estate,
and the court having examined the same, it is ordered by the court that
s?aid report be and it is hereby in all respects approved, and the same
together with this order is ordered recorded upon the minutes of this
court, and the said , as the survivor of said community
estate, is hereby authorized to control, manage and dispose of said com-
munity estate in accordance with the provisions of the Kevised Statutes
of this State.
County Judge of County, Texas.
TEXAS CIVIL FORM BOOK. 65
When the above order has been entered, such survivor, without any
further action in the county court, shall have the right to control,
manage and dispose of such community property, real or personal, in such
manner as may seem best for the interest of the estate and of suing and
being sued with regard to the same, in the same manner as during the
lifetime of the deceased, and a certified copy of said order of the court
shall be evidence of the qualification and right of such survivor.
R. 8. Art. 2227 (2172).
The survivor shall keep a fair and full account and statement of all
community debts and expenses paid by him, and of the disposition made
of such community property (R. S. Art. 2228 (2173) ), and shall pay all
just and legal community debts as soon as practicable, and according to
the classification and in the order prescribed for the payment of debts
in other administrations.
R. S. Art. 2230 (2175).
ATTACHMENTS.
R. S. Arts. 186-216 (152-182).
ATTACHMENTS MAY BE ISSUED BY WHOM AND WHEN.
The judges and clerks of the district and county courts and justices
of the peace may issue writs of original attachment, returnable to their
respective courts, upon the plaintiff, his agent or attorney, making an
affidavit in writing, stating:
1. That the defendant is justly indebted to the plaintiff and the
amount of the demand; and
2. That the defendant is not a resident of the State, or is a foreign
corporation, or is acting as such ; or
3. That he is about to remove permanently out of the State, and has
refused to pay or secure the debt due the plaintiff; or
4. That he secretes himself so that the ordinary process of law can-
not be served on him; or
5. That he has secreted his property for the purpose of defrauding
his creditors; or
6. That he is about to secrete his property for the purpose of de-
frauding his creditors; or
7. That he is about to remove his property out of the State, without
If-aving sufficient remaining for the payment of his debts; or
8. That he is about to remove his property, or a part thereof, out
of the county where the suit is brought, with intent to defraud hi>
creditors; or
9. That he has disposed of his property, in whole or in part, with
intent to defraud his creditors; or
Form Book — 5.
66 TEXAS CIVIL FORM BOOK.
10. That he is about to dispose of his property with intent to der
fraud his creditors; or
11. That he is about to convert his property, or a part thereof, into
money, for the purpose of placing it beyond the reach of his credit-
ors; or
12. That the debt is due for property obtained under false pretenses.
R. S. Art. 186 (152).
WHAT FACTS MUST FURTHER APPEAR.
The affidavit shall further state :
1. That the attachment is not sued out for the purpose of injuring
or harassing the defendant; and
2. That the plaintiff will probably lose his debt unless such attach -
inent is issued.
R. S. Art. 187 (153).
Not to issue until suit begun. No such attachment shall issue until
the suit has been duly instituted, but it may be issued in a proper case
either at the commencement of the suit or at any time during its
progress.
R. S. Art. 188 (154).
No. 92.
AFFIDAVIT FOR ATTACHMENT IN JUSTICE COURT.
The State of Texas, County of In Justices' Court, Precinct
No , County, Texas, Term, A. D. 19 ..
vs No
Now comes , plaintiff in the above entitled and num-
bered cause, who, being duly sworn, deposes and says:
First. That the defendant is justly indebted to him upon an open
account in the sum of dollars, which indebtedness in now due.
Second. That the defendant is about to dispose of his property with
intent to defraud his creditors.
Third. That the attachment is not sued out for the purpose of in-
juring or harassing the defendant; and that the plaintiff will probably
lose his debt unless such attachment is issued.
Sworn to and subscribed before me, the .... day of , A.D. 19 . .
(Seal.)
R. S. Arts. 168-187 (152-153).
TEXAS CIVIL FORM BOOK. 67
No. 93.
AFFIDAVIT FOR ATTACHMENT IN COUNTY COURT.
The State of Texas, County of In County Court of
County, Texas, Term, A. D. 19. .
vs No
Now comes , who, being duly sworn, deposes and says,
that he is the agent (or attorney, as the ease may be) of ,
plaintiffs in the above entitled and numbered cause, a firm composed of
and ; that defendants, , a firm
composed of and , are justly indebted to
plaintiffs in the sum of dollars, which indebtedness is now due;
that the debt is due for property obtained under false pretenses; that
the attachment is not sued out for the purpose of injuring or harassing
the defendants; and that the plaintiffs will probably lose their debt
unless such attachment is issued.
Agent (or Attorney) for
Sworn to and subscribed before me, this .... day of , A. D.
19..
(Seal.)
No. 94.
AFFIDAVIT FOR ATTACHMENT.
The State of Texas, County of In Court of
County, Texas, Term, A. D. 19. .
vs No
Now comes , the plaintiff in the above entitled and
numbered cause, who, being duly sworn, deposes and says:
First. That the defendant , is justly indebted to the
said plaintiff in the sum of dollars and cents, of which said
indebtedness the sum of dollars is already due, and the balance,
amounting to the sum of dollars, is not yet due, but will become
due on the .... day of , A. D. 19. .
Second. That the said defendant is about to remove permanently
out of the State, and has refused to pay or secure the debt due the
plaintiff.
Third. That the attachment is not sued out for the purpose of in-
juring or harassing the defendant; and that the plaintiff will probably
lose his debt unless such attachment is issued.
Sworn to and subscribed before me, this .... day of , A. D.
19..
(Seal.)
68 TEXAS CIVIL FORM BOOK.
The writ of attachment above provided for may issue, although the
plaintiff's debt or demand be not due, and the same proceedings shall
be had thereon as in other cases, except that no final judgment shall be
rendered against the defendant until such debt or demand shall become
due.
K. S. Art. 189 (155).
No. 95.
AFFIDAVIT FOR ATTACHMENT IN DISTRICT COURT.
The State of Texas, County of In District Court of
County, Texas, Term, A. D. 19. .
vs No
Now comes , who, being duly sworn, deposes and says:
First. That he is the agent of , plaintiff in the above
entitled and numbered cause, a private corporation duly and legally in-
corporated under and by virtue of the laws of the State of Texas, hav-
ing its principal office in , County, Texas.
Second. That and , partners doing busi-
ness under the firm name of , are justly indebted to plain-
tiff upon an open account in the sum of dollars; that this account
is dated , A. D. 19 . ,, and was due and payable , A. D. 19 . .,
and is now due.
Third. That defendants are further justly indebted to plaintiff upon
a promissory note for $ , dated , A. D. 19. ., due and pay-
able , A. D. 19. ., allowing three days of grace. That this note
bears .... per cent interest per annum from date until paid, interest
due and payable annually. This note also calls for .... per cent at-
torney's fees in the event default is made in the payment of same at
maturity, and it is placed in the hands of an attorney for collection, or
suit is brought on same ; this note being not yet due and payable, plain-
tiff does not claim the .... per cent attorney's fees on same.
Fourth. That the account and note are fully set out in plaintiff's
original petition, and reference is here made to said petition for a full
' and complete description of said account and note.
Fifth. That the defendants have secreted their property for the pur-
pose of defrauding their creditors.
Sixth. That this attachment is not sued out for the purpose of in-
juring or harassing the defendants; and that the plaintiff will probably
lose its debt unless such attachment is issued.
Agent for the
Sworn to and subscribed before me, this .... day of , A. D.
19..
(Seal.)
TEXAS CIVIL FORM BOOK. 69
No. 96.
BOND FOR ATTACHMENT.
vs N"o In the Court of
County, Texas.
The State of Texas, County of
We, the undersigned, , as principal, and
and , as sureties, acknowledge ourselves bound to pay to
the sum of dollars, conditioned that the above
bound , plaintiff in attachment against the said
, defendant, will prosecute his said suit to effect, and
that he will pay all such damages and costs as shall be adjudged against
him for wrongfully suing out such attachment.
Witness our hands this .... day of , A. D. 19 . .
Approved this .... day of , A. D. 19. .
R. S. Art. 192 (158).
Such bond shall be delivered to and approved by the officer issuing the
writ, and shall, together with the affidavit, be filed with the papers of
the cause.
R. S. Art. 191 (157).
Plaintiff must give bond with security: Before the issuance of any
writ of attachment the plaintiff must execute a bond, with two or more
good and sufficient sureties, payable to the defendant, in a sum not less
than double the debt sworn to be due, conditioned that the plaintiff
will prosecute his suit to effect, and will pay all such damages and
costs as shall be adjudged against him for wrongfully suing out such
attachment.
R. S. Art. 190 (156).
1 * •
No. 97.
BOND FOR ATTACHMENT AGAINST FIRM.
vs In Court of County,
Texas.
The State of Texas, County of No
We, the undersigned, and , composing the
firm of , as principals, and and
as sureties, acknowledge ourselves bound to pay to and
. , composing the firm of , the sum of
70 TEXAS CIVIL FORM BOOK.
dollars, conditioned that the above bound, and
, plaintiffs in attachment against said and
, defendants, will prosecute their said suit to effect, and
that they will pay all such damages and costs as shall be adjudged
against them for wrongfully suing out such attachment.
Witness our hands this the .... day of , A. D. 19. .
R. 8. Art. 192 (158).
Approved this the .... day of , A. D. 19. .
R. S. Art. 191 (157).
No. 98.
WRIT OF ATTACHMENT.
The State of Texas. To the Sheriff or any Constable of
County, Texas — Greeting:
We command you, that you attach forthwith so much of the property
of , if to be found in your county, repleviable on security,
as shall be of value sufficient to make the sum of dollars, and the
probable costs of suit, to satisfy the demand of , and that
you keep and secure in your hands the property so attached, unless re-
plevied, that the same may be liable to further proceedings thereon, to
be had before our court in , in the County of , on the
.... day of , A. D. 19. ., when and where you shall make known
how you have executed this writ.
Witness my hand and seal of said court, at office in the town of
, County, Texas, this, the .... day of , A. D.
19..
(Seal.)
R. b. Art. 196 (162).
OFFICER'S RETURN ON SAID WRIT.
Came to hand on the .... day of , A. D. 19. ., and at ....
o'clock .... m., and executed on the .... day of , A. D. 19. ., at
.... o'clock .... m, at , in County, Texas, by levying
the same upon and taking possession of the following described personal
property (here describe the property) levied upon as the property of
, defendant, found in the possession of , and
valued by me at the sum of dollars, and now in my possession.
The distance actually traveled in the execution of such process is ....
Witness my hand this the .... day of , A. D. 19 . .
Sheriff, County, Texas.
R. S. Art. 211 (177).
TEXAS CIVIL FORM BOOK. 71
Writ should be returned to the court from which it issued, on or
before the first day of the next term thereof.
R. S. Art. 210 (170).
OFFICER'S RETURN — PROPERTY REPLEVIED BY DEFENDANT.
Came to hand on the .... day of , A. D. 19 . . , at . . . . o'clock
.... m., and executed on the .... day of , A. D. 19 . . , at ....
o'clock . . . m., at , in County, Texas, by levying the same
upon and taking possession of the following described personal property
(here describe the property) levied upon as the property of
defendant, found in the possession of , and valued by me
at the sum of .... dollars, which said property has this day been re-
plevied by , defendant, who this day gave his bond in the
sum of dollars, with and as sureties.
The distance actually traveled in the execution of such process is ....
miles.
Witness my hand this the .... day of , A. D. 19 ..
Sheriff, County, Texas.
R. S. Art. 211 (177).
No. 99.
OFFICER'S RETURN— PROPERTY IN POSSESSION OF PART OWNER.
Came to hand on this, the .... day of , A. D. 19. ., at . .
o'clock .... m., and executed on the .... day of , A. D. 19. ., at. .
o'clock .... m., at , in County, Texas, by levying the
same upon as the property of , defendant, a half
interest in (here describe the property), valued by me at the
sum of dollars, same being in the rightful possession of ,
part owner thereof, of which the said has been by me duly
notified. The distance actually traveled in the execution of such process
is .... miles.
Witness my hand this the .... day of , A. D. 19 . .
R. S. Art. 2349 (2292).
The writ of attachment shall be levied in the same manner as is or
may be the writ of execution upon similar property.
R. S. Art. 201 (167).
A levy upon personal property is made by taking possession thereof,
when the defendant in execution is entitled to the possession ; where the
defendant in execution has an interest in personal property, but is not
entitled to the possession thereof, a levy is made thereon by giving notice
thereof to the person who is entitled to the possession, or one of them
when there are several.
72 TEXAS CIVIL FORM BOOK.
No. 100.
RETURN OF LEVY— STOCK RUNNING AT LARGE.
Came to hand on this, the .... day of , A. D. 19. ., at ....
o'clock .... m., and executed on the .... day of , A. D. 19. ., at
.... o'clock .... m., at , in Count}', Texas, by levying
the same upon, as the property of , defendant,
head of stock cattle, running at large on the range in County,
Texas, and bearing the mark of . (here give the mark) and
branded as follows: (here give the brand), valued by me at
the sum of dollars. Said levy was made in the presence of
and , credible persons, and the said
, defendant, has been by me duly notified in writing of
said levy. The distance actually traveled in the execution of such proc-
ess is .... miles.
Witness my hand this the .... day of , A. D. 19. .
R. S. Art. 2350 (2293).
No. 101.
NOTICE OF FOREGOING LEVY.
The State of Texas, County of To
You are hereby notified that by virtue of an attachment lately issued
by , a justice of the peace in and for said county, in favor
of , against you, I have this day levied on, as your prop-
erty, head of stock cattle running at large on the range in said
county, bearing the mark of (here give the mark), and the
brand of (here give the brand).
Witness my hand this the .... day of , A. D. 19 . .
R. S. Art. 2350 (2293).
Levy on shares of stock of any corporation or joint-stock company is
made by leaving a notice thereof with anv officer of such company.
R. S. Art. 2351 (2294).
TEXAS CIVIL FORM BOOK. 73
No. 102.
RETURNS OF OFFICER— INTEREST OF PARTNER.
Came to hand on the .... day of , A. D. 19. ., at . . . . o'clock
.... m., and executed on the .... day of , A. D. 19. ., at . .
o'clock .... m., at , in County, Texas, by levying the
same upon the interest of , defendant, in the property be-
longing to the firm of , of County, Texas, by leav-
ing a notice thereof, with . . ., a member of said firm. The
distance actually traveled in the execution of such process is .... miles.
Witness my hand this the .... day of , A. D. 19 . .
R. S. Art. 2352 (2295).
No. 103.
WRIT OF ATTACHMENT AGAINST FIRM.
The State of Texas. To the Sheriff or any Constable of
County, Texas — Greeting :
We command you that you attach forthwith so much of the property
of and , individuals composing the firm of
, if to be found in your county, repleviable on security,
as shall be of value sufficient to make the sum of dollars, and
the probable costs of suit, to satisfy the demand of and
, individuals composing the firm of , and that
you keep and secure in your hands the property so attached, unless re-
plevied, that the same may be liable to further proceedings thereon, to
be had before our court in , in the county of , on the
.... day of , A. D. 19. ., when and where you shall make known
how you have executed this writ.
Witness my hand and seal of said court, at office in the town of
, County, Texas, this the day of , A. D.
19..
(Seal.)
R. S. Art. 196 (162).
No. 104.
SHERIFF'S RETURN.
Came to hand on the .... day of , A. D. 19. ., at . . . . o'clock
.... m., and executed on the .... day of , A. D. 19. ., at . .
o'clock .... m., at in County, Texas, by levying the same
upon and taking possession of the following described personal property :
(here describe the property) levied upon as the property of
74 TEXAS CIVIL FORM BOOK.
and , individuals composing the firm of
, defendants, said property found in the possession of
, and valued by me at the sum of dollars. A com-'
plete schedule or inventory of said property is hereto annexed and made
a part of this return, for a full and complete description and valuation
of said goods. I also levied upon the following real estate as the
property of said defendants, which real estate is described as follows:
(here describe the same). I value said real estate at
dollars. I, the officer levying this writ of attachment, immediately after
said levy filed with the county clerk of County, Texas, clerk of
the county in which said real estate levied upon by me is situated, a
copy of this writ, together with a copy of so much of this return as
relates to the land levied upon in said county. The distance actually
traveled in the execution of such process is .... miles.
Witness my hand this the .... day of , A. D. 19. .
Sheriff (or Constable) of County, Texas.
R. S. Art. 211 (177).
The writ of attachment shall be levied in the same manner as is or
may be the writ of execution upon similar property.
R, S. Art. 201 (167).
• • «
No. 105.
AFFIDAVIT FOR ATTACHMENT FOR PROPERTY OF ESTATE.
The State of Texas, County of In County Court of
County, Texas, Term, A. D. 19. .
vs oSTo
To the Honorable , County Judge of Count}',
Texas :
Now comes your petitioner , and respectfully represents
to your honor:
First. That your petitioner is interested in the estate of ,
deceased, and has an interest in the same. That said estate consists of
(here state what said estate consists of).
Second. That the executor (or administrator, as the case may be),
of said estate, to wit, , is about to remove said estate (or
any part thereof) beyond the limits of this State. That this estate is
now in County, Texas.
Third. That the attachment is not sued out for the purpose of in-
juring or harassing the said ; and that the plaintiff will
probably lose his interest in said estate unless such attachment is
issued.
Sworn to and subscribed before me this the .... day of , A. D.
19..
(Seal.)
TEXAS CIVIL FORM BOOK. 75
Whenever complaint in writing, under oath, shall be made to the
county judge, by any person interested in the estate of a decedent, that
the executor or administrator of such estate is about to remove said
estate or any part thereof beyond the limits of this State, such judge
shall have power to order a writ to issue, directed to the sheriff or any
constable of any county in the State, commanding him to seize such
estate, or any part thereof, and hold the same subject to such further
orders as such judge may make on such complaint, provided, that no
such writ shall issue unless the complainant shall give bond with two
or more good and sufficient sureties, in such sum as the said judge may
require, payable to the executor or administrator of such estate, condi-
tioned for the payment of all damages and costs that may be recovered
for the wrongful suing out of such writ.
R. S. Art. 1874 (1822).
No. 106.
BOND FOR ATTACHMENT AGAINST EXECUTOR.
The State of Texas, County of
Know all men by these presents, that, whereas has made
complaint, in writing, under oath, that is executor of the
estate of , deceased ; that said ,*executor afore-
said, is about to remove said estate beyond the limits of this State, and
has applied for a writ to issue to seize said estate: Now then,
, as principal, and and , as sure-
ties, acknowledge ourselves bound to pay to , executor of
the estate of , deceased, the sum of dollars (amount
fixed by the county judge), conditioned for the payment of all damages
and costs that may be recovered for the wrongful suing out of such writ.
R. S. Art. 1874 (1822).
No. 107.
ORDER OF COUNTY JUDGE TO COUNTY CLERK TO ISSUE WRIT.
The State of Texas, County of To the County Clerk of
County, Texas.
Whereas has made complaint, in writing under oath,
that he is interested in the estate of , deceased, and that
is the executor of said estate, and that said ,
executor aforesaid, is about to remove said estate beyond the limits of
76 TEXAS CIVIL FORM BOOK.
this State; that said estate is now in County, Texas; and has
given bond as required by law :
You are therefore ordered to issue a writ directed to the sheriff or
any constable in this State where this estate may be found, commanding
him to seize such estate, or any part thereof, and hold the same sub-
ject to such further order as I may make on such complaint.
County Judge, Countv, Texa?.
R. S. Art. 1874 (1822).
No. 108.
WRIT OF ATTACHMENT AGAINST EXECUTOR.
The State of Texas. To the Sheriff or any Constable of County,
Texas — Greeting :
In compliance with the order of the honorable , County Judge,
County, Texas, we command you that you seize the estate of
, deceased, of which is executor, or any part
thereof, and hold the same subject to such further order as the honor-
able , judge aforesaid, may make. (This estate consists
of ) Herein fail not, but of this writ make due return, with
your indorsement thereon showing how you have executed the same.
Given under my hand and seal, at office in the city of ,
County, Texas, this the .... day of , A. D. 19 ...
(Seal.)
OFFICER'S RETURN.
Came to hand on the .... day of , A. D. 19. ., at . . . . o'clock
. . . m., and executed on the same day at .... o'clock . . . m., at ,
in County, Texas, by seizing (here describe the prop-
erty), found in the possession of , said seized
by me as belonging to the estate of , deceased. I hold
said subject to such further order as the honorable ,
County Judge of County, Texas, may make. The distance
actually traveled in the execution of such process is .... miles.
"Witness my hand this the .... day of , A. D. 19. .
R. S. Art. 1874 (1822).
TEXAS CIVIL FORM BOOK. 77
No. 109.
BOND OF INDEMNITY IN ATTACHMENT.
State of Texas, County of
Know all men by these presents, that we, as principal
and as sureties, acknowledge ourselves to owe, and be in-
debted to , sheriff of County, in the sum of ....
dollars, for the payment of which sum well and truly to be made to the
said , his heirs or assigns, we do bind ourselves, our heirs,
executors and administrators, jointly and severally, firmly by these
presents.
Signed with our hands this .... day of , 19. .
The condition of the above obligation is such that, whereas, on the
.... day of , 19. ., a writ of attachment was issued out of the
Court of County, State of Texas, in favor of
against in a certain suit therein pending in
which the said is plaintiff, and the said is
defendant, number . . . . , and which said writ of attachment has been
placed in the hands of said sheriff, who has been directed by the said
plaintiff to levy upon certain property pointed out to him
by said plaintiff as the property of the said defendant, and
designated as follows, to wit : (Here describe the property.)
Now therefore if the above bounden shall well and suffi-
ciently indemnify, save and keep harmless, the said , sheriff
as aforesaid, from all costs, charges, damages and suits that he may in-
cur, or become liable to in consequence of the levy of the said attach-
ment and shall pay off, cancel and discharge all judgments, damages and
costs that may be rendered against said , sheriff, by reason
of said levy if it should afterward appear that the property levied upon
by him does not belong to the defendant, then this obligation to be null
and void, otherwise to remain in full force and effect.
Witness our signatures this .... day of , A. D. 19. .
R. S. Art. 199 (165).
No. 110.
RELEVY BOND IN ATTACHMENT.
Plaintiff, vs Defendant. No Tn
Court of County, Texas.
Whereas, by virtue of a writ of attachment issued out of the above
named court (in the cause therein pending, numbered and entitled as
78 TEXAS CIVIL FORM BOOK.
above) and bearing date the .... day of , A. D. 19. .f
, the sheriff (or constable, as the case may be) of the
county of has seized and taken the following property in the
possession of the said , viz : (here describe the property),
and which by the said has been appraised at dollars;
and has been permitted to remain in the hands of the said
Now therefore we, the said as principal, and
as sureties, acknowledge ourselves bound to pay to
plaintiff, in the sum of dollars, conditioned
that if the defendant be condemned in the above entitled cause, he or
some other person will return the specific property above described, to
satisfy the judgment which may be rendered.
Witness our hands this .... day of , A. D. 19. .
Approved this .... day of , A. D. 19 . .
Bond must be signed by two or more good and sufficient sureties, to be
approved by the officer who levied the writ, payable to the plaintiff, in
double the amount of the plaintiff's debt, or, at the defendant's option,
for the value of the property replevied, to be estimated by the officer.
R. S. Art. 204 (170).
No. 111.
APPLICATION FOR SALE OF PERSONAL PROPERTY.
The State of Texas, County of
In Court of County, Texas, Term, A. D.
19. . (or in Vacation).
vs No
To the Honorable Judge of said Court:
Now comes , plaintiff in the above entitled and numbered
cause, and respectfully represents to your honor that the personal prop-
erty levied upon in this cause has not been claimed or replevied; that
said property is in danger of serious and immediate waste or decay (or
that the keeping of the same until the trial of this cause will neces-
TEXAS CIVIL FORM BOOK. 79
sarily be attended with such expense or deterioration in value as greatly
to lessen the amount likely to be realized therefrom, as the case may be).
Wherefore he prays your honor that an order of sale issue directing
that said property be sold.
Sworn to and subscribed before me, this the .... day of , A. D.
19..
(Seal.)
R. S. Art. 205 (171).
No. 112.
OFFICER'S RETURN— PROPERTY DELIVERED TO CLAIMANT.
Came to hand on the .... day of , A. D. 19. ., at . . . . o'clock
.... m., and executed on the .... day of , A. D. 19 .. at ....
o'clock .... m., at , in County, Texas, by levying the
same upon and taking possession of the following described personal
property (here describe the property) levied upon as the prop-
erty of , defendant, found in the possession of
and valued by me at the sum of dollars. And on the .... day of
, A. D. 19. ., made claim to said property (or to
the goods, wares and merchandise) levied upon by me under and by
virtue of this writ of attachment, and made oath in writing of his
claim to said property (or to said stock of goods), and gave bond for
same, with and as sureties. I accepted said
oath and approved said bond, and forthwith returned said oath and
bond to the Court of County, Texas. The distance
actually traveled in the execution of such process is .... miles.
Witness my hand this the .... day of , A. D. 19. .
Sheriff (or Constable) of County, Texas.
R. S. Art. 203 (169).
Any person other than the defendant may claim the personal property
so levied on, or any part thereof, upon making the affidavit and giving
bond required by the provisions of the title relating to the trial of the
right of property.
R. S. Art. 5286 (4822).
For form of oath and bond, see Trial of Eight of Property.
80 TEXAS CIVIL FORM BOOK.
No. 113.
ORDER OF SALE— PERSONAL PROPERTY.
The State of Texas, County of
No vs.
In Court of County, Texas, Term, A. D.
39. . (or in Vacation).
Whereas, , plaintiff in the above entitled and numbered
cause, has made application for an order of sale of certain personal
property levied upon by , sheriff (or constable) of
County, Texas, under and by virtue of a writ of attachment, issued out
of this court on the .... day of , A. D. 19. ., in the above entitled
and numbered cause, and was by him executed on the . . . day of , A.
D. 19. ., By levying upon the property hereinafter described; and it hav-
ing been made to appear to me that said property has not been claimed or
replevied, as by law provided in such cases, and that said property is in
danger of serious and immediate waste or decay (or that the keeping
of the same until the trial of this cause will necessarily be attended with
such expense or deterioration in value as greatly to lessen the amount
likely to be realized therefrom, as the case may be). You are therefore
hereby commanded to advertise for sale until the .... of , A. D.
19.., and then sell on that day, the following described property:
(here describe the property) ; said advertisement and sale to
be made in like manner as provided by law in the sale of personal prop-
erty under execution; and to return the proceeds of said sale within five
days thereafter to the clerk of the Court of County,
Texas. Herein fail not, but of this order make due return as the law
directs.
Judge of Court, County, Texas.
R. S. Art. 205 (171).
Such sale shall be conducted in the same manner as sales of personal
property under execution, except as to the time of advertisement, which
may be fixed by the judge or the justice for a shorter period, according
to the exigency of the case.
R. S. Art. 207 (173).
TEXAS CIVIL FORM BOOK. 81
No. 114.
RETURN OF ORDER SALE— PERSONAL PROPERTY.
Came to hand on the .... day of , A. D. 19. ., at . . . . o'clock
.... m., and in accordance with the commands in this order of sale, the
personal property levied upon by me in the cause of v?
, was by me sold at public sale to the highest bidder for
cash on the .... day of , A. D. 19 . ., at . . . . o'clock .... m., at
, in County, Texas, to wit : to , for thp
sum of dollars. That hereto attached, made a part hereof and
signed by me officially, is a statement in writing filed herewith, stating
the time and place of said sale, the name of the purchaser, the amount
received, and an itemized account of the expenses attending the sale.
The proceeds of said sale was, within five days after said sale, to wit,
on the .... day of , A. D. 19. ., paid over by me, the officer
making the sale, to the clerk of the Court of County,
Texas (or, the justice of the peace, as the case may be), said clerk having
issued said order of sale. The distance actually traveled in the execution
of such process is .... miles.
Witness my hand this the .... day of , A. D. 19 . .
R. S. Art. 208 (174).
No. 115.
JUDGMENT FOR PLAINTIFF IN ATTACHMENT.
. vs. . . No. . In . . . Court of
County, Texas, Term, A. D. 19 ..
On this the .... day of , A. D. 19 . ., came the parties by their
attorneys, in the above entitled and numbered cause, and announced
ready for trial, whereupon came a jury of good and lawful men, to wit :
and five others, who being duly impaneled and sworn, a
true verdict to render according to the law and the evidence, after hear-
ing the pleadings, the evidence, arguments of counsel and the charge
of the court, retired to consider of their verdict, and on same day re-
turned into court the following verdict, to wit : " We the jury find for
the plaintiff in the sum of dollars. , Foreman."
It is therefore ordered, adjudged, and decreed by the court, that the
plaintiff, , do have and recover of and from the defendant,
, the sum of dollars, together with his costs in this
behalf expended, for which execution may issue (or, if tried before the
court without a jury, " On this the .... day of , A. D. 19 . ., came
on to be heard the above entitled and numbered cause, both plaintiff
and defendant appeared in person and by their attorneys and announced
ready for trial, a jury having been waived, the same was submitted to
Form Book — 6.
82 TEXAS CIVIL FORM BOOK.
the court. And the court, after hearing the pleadings, the evidence and
the argument of counsel, is of the opinion that the plaintiff ought to
recover.
It is therefore ordered, adjudged and decreed by the court, that the
plaintiff, , do have and recover of and from the defendant
, the sum of dollars, together with his costs in this
behalf expended, for which execution may issue.")
And it appearing to the court that a writ of attachment heretofore
issued in this cause- was, on the .... day of , A. D. 19. ., by the
sheriff of County, Texas, levied upon the following described
property of the defendant (here describe the property) valued
at the sum of dollars, and that the same* was replevied by the de-
fendant, who on the .... day of , A. D. 19. ., executed his replevy
bond therefor in the sum of dollars, with , and
, as sureties, it is therefore ordered, adjudged and decreed
by the court that said attachment lien, as it existed on the .... day of
....... A. D. 19. ., be and the same is hereby foreclosed, and that an
order of sale be issued commanding the sale of said property, or so much
thereof as may be necessary for the satisfaction of this judgment.**
It is further ordered, .adjudged and decreed by the court that said
plaintiff have and recover of and from the defendant
, and and , the sureties on his
replevy bond, the sum of dollars (the amount of the judgment,
interest and cost, or the value of the property replevied and interest,
according to the terms of the replevy bond), for which he may have his
execution.
(If the property has been delivered to a claimant under the statute
for the trial of the right of property, proceed from** in the preceding
form, omitting the last clause from* as follows:) was delivered to
, claimant, who on the .... day of , A. D. 19 . .,
filed with said officer his affidavit and bond, with and
as sureties, for the trial of the right of property, which
issue is pending in the court of County, Texas, and
undetermined, between plaintiff and the said
It is therefore considered by the court that said attachment lien be
foreclosed, subject to the judgment rendered in said suit for the trial
of the right of property, and that, should said claimant fail to establish
his right thereto, the clerk of this court shall issue an order of sale
directed to the proper officer, commanding him to sell the above de-
scribed property, or so much thereof as may be sufficient, for the satis-
faction of the judgment rendered in this cause.
R. S. Art. 214 (180).
When an attachment issued from a county or justice court has been
levied upon land, no order or decree foreclosing the lien thereby shall
be necessary, but the judgment shall briefly recite the issuance and levy
of such attachment, and such recital shall be sufficient to preserve such
TEXAS CIVIL FORM BOOK. 83
lien. The land so attached may be sold under execution after judgment
and the sale thereof shall vest in the purchaser all the estate of the de-
fendant in attachment in such land, at the time of the levy of such writ
of attachment.
ATTACHMENT TO BE RECORDED, WHEN.
Whenever an attachment is levied upon real estate the officer levy-
ing the same shall immediately file with the county clerk of the county
or counties in which the real estate so levied upon is situated, a copy
of the writ, together with a copy of so much of his return as relates
to the land in said county. Said clerk shall enter in a book to be
kept for that purpose, the names of the plaintiffs and defendants in
attachment, the amount of the debt and the return of the officer in
full. Should the writ of attachment be quashed or otherwise vacated,
the court in which the attachment suit is pending shall cause a cer-
tified copy of said order to be sent to the county clerk of the county
or counties in which the real estate levied upon is situated. Said clerk
shall upon the receipt of the same, etc.
R. S. Art. 4669.
ABSTRACT OF JUDGMENT.
R. S. Arts. 3283-3293 (3153-3163).
NO. 116.
ABSTRACT OF JUDGMENT.
The State of Texas, County of
At a term of the court begun and holden at , within
and for the county of , by the Hon , judge
thereof, in a cause numbered .... on the docket of said court wherein
was plaintiff and was defendant, a judgment
was rendered on the .... day of ....... A. D. 19. ., in favor of the said
and against the said for the sum of
dollars, with interest thereon at the rate of .... per cent per annum
from date, and the further sum of dollars, costs of suit; and there
still remains due on said judgment the said sum of dollars, with
interest and costs, as aforesaid (or state the amount remaining due).
I, , clerk of the Court of County,
Texas, do hereby certify that the above and foregoing is a true and cor-
rect abstract of a certain judgment rendered in said court, at the . .
Term, A. D. 19. ., in cause No in favor of , plaintiff,
against , defendant, as the same appears from the minutes
of said court, in volume .... on page ....
Witness my hand and the seal of said court this .... day of ,
A. D. 19..
Clerk of Court, County.
R. S. Art. 3285 (3155).
84 TEXAS CIVIL FORM BOOK.
No. 117.
CERTIFICATE OF COUNTY CLERK ON SAID ABSTRACT OF JUDGMENT.
The State of Texas, County of .........
I, , county clerk of County, do hereby certify
that this abstract of judgment was filed for record in my office the ....
day of , A. D. 19 . ., at . . . . o'clock .... m., and was immediately
recorded the .... day of , A. D. 19. ., at o'clock . . . .m.,
in the judgment records of said county in volume .... on page . . . ., and
was also at the same time entered upon the index to said judgment
record, showing the names of each plaintiff and each defendant in said
judgment, and the numbers of the pages of the book upon which said
abstract is recorded.
Witness my hand and seal of office this the .... day of ,
A. D. 19..
County Clerk, County, Texas.
By , Deputy.
R. S. Art. 3287 (3157).
When any judgment has been recorded and indexed, as provided by
law, it shall from the date of such record, and index, operate as a lien
upon all of the real estate of the defendant situated in the county where
such record and index are made, and upon all real estate which the de-
fendant may thereafter acquire situated in said county.
R. S. Art. 3289 (3159).
When said lien has been acquired as provided by law, it shall continue
for ten years from the date of such record and index, unless the plaintiff
shall fail to have execution issued upon his judgment within twelve
months after the rendition thereof, in which case said lien shall cease
to exist.
R. S. Art. 3290 (3160).
Any judgment rendered in this State by any United States court may
be abstracted and recorded in the same manner as above provided.
R. S. Art. 3293 (3163).
TEXAS CIVIL FORM BOOK. 85
ATTESTATION OF RECORDS.
No. 118.
OF A COURT OF ANY STATE TO BE USED IN ANOTHER STATE.
The State of Texas, County of
1, , clerk of the Court of said county of
, in the State of , do hereby certify that the within
and preceding .... pages contain a full, complete, true and exact copy
of the proceedings in a cause of record in the office of said court in favor
of , plaintiff, against , defendant.
Given under my hand and seal of office, at office in said county of
, this day of , A. D. 19 . .
Clerk of Court, County, Texas.
No. 119.
JUDGE'S CERTIFICATE.
The State of Texas, County of
I, , judge of the Judicial District of the State
of Texas, presiding in the county of , do hereby certify that
, whose name appears to be signed to the above certificate,
is, and was at the time of signing the same, the clerk of said district
court therein mentioned, and as such was the proper person to make
said certificate, and that the same is in due form.
Given under my hand officially this .... day of ., A. D. 19 ..
Judge of Judicial District of State of Texas.
86 TEXAS CIVIL FORM BOOK.
ASSIGNMENTS FOR CREDITORS.
R. S. Arts. 71-86.
No. 120.
ASSIGNMENT UNDER THE STATUTE FOR THE BENEFIT OF CREDITORS.
The State of Texas, County of
Know all men by these presents, that this agreement, made and
entered into this .... day of , A. D. 19.., by and between
, party of the first part, and , party of the
second part, all of the county of , State of Texas, witnesseth;
whereas, the said is justly indebted in divers sums of
money which he is unable to pay in full to different creditors, whose
names are stated in the annexed list, and he desires to make a fair dis-
tribution of his property and assets among such of his creditors as will
consent to accept their proportional share of his estate, and discharge
him from their respective claims in accordance with the provisions of
the statute:
Now therefore, in consideration of the premises, and of the sum of
one dollar to him in hand paid, by the said , the receipt of
which is hereby acknowledged, the said doth by these
presents bargain, sell, release, convey and set over unto the said
all his real and personal estate, other than that which is
by law exempt from execution.
To have and to hold unto him, the said , and his suc-
cessors, in trust for the benefit of creditors of the said
aforesaid. And the said on his part covenants and agrees
faithfully to perform his duties as assignee in accordance with the stat-
ute concerning assignments for the benefit of creditors.
In testimony whereof we have hereunto set our hands, this .... day
of , A. D. 19..
R. S. Art. 73.
ACKNOWLEDGMENT.
The State of Texas, County of
Before me the undersigned authority on this day personally appeared
and , each known to me (or proved to me on
the oath of ) to be the persons whose names are subscribed
to the above and foregoing instrument in writing, and acknowledged to
me that they executed the same for the purposes and consideration
therein expressed.
Given under my hand and seal of office this .... day of ,
A. D. 19..
(Seal.)
R. S. Art. 72.
TEXAS CIVIL FORM BOOK. 87
No. 121.
INVENTORY OF DEBTOR'S ESTATE.
INVENTORY OF THE ESTATE, BOTH REAL AND PERSONAL, OF
ASSIGNOR, GIVING A TRUE STATEMENT OF THE PROPERTY
ASSIGNED BY HIM.
The State of Texas, County of
Real estate (here describe each piece of real estate fully).
Personal property (here describe the same).
Notes, as follows: (here describe the same).
Accounts (here describe same, giving names of debtor and
amounts due).
Merchandise (here give full inventory of same).
LIST OF CREDITORS.
(here give the names and residence of each creditor and
the nature of each debt or demand).
The State of Texas, County of
I, , do solemnly swear that the foregoing inventory is
in all respects just and true according to the best of my knowledge and
belief.
Sworn to and subscribed before me, under my official hand and seal,
this day of , A. D. 19..
(Seal.)
R. S. Art. 72.
The inventory shall contain,
1. A full and true account of all the creditors of such debtor or
debtors.
2. The place of residence of each creditor if known to such debtor
or debtors, and if not known, that fact to be so stated.
3. The sum owing to each creditor, and the nature of each debt or
demand, whether arising on written security account or otherwise
executed.
4. The true cause and consideration of such indebtedness in each
case, and the place where such indebtedness arose.
5. A statement of any existing judgment, mortgage, collateral or
other security for the payment of any such debt.
6. A full and true inventory of all such debtors estate at the date
of such assignment, both real and personal, in law or in equity, and the
incumbrances existing thereon, and of all vouchers and securities re-
lating thereto, and the value of such estate according to the best knowl-
edge of such debtor or debtors.
88 TEXAS CIVIL FORM BOOK.
7,
L An affidavit shall be made by such debtor or debtors, and annexed
to and delivered with such inventory or schedule, that the same is in all
respects just and true according to the best of such debtor or debtors'
knowledge and belief.
R. S. Art. 72.
No. 122.
BOND OF ASSIGNEE.
The State of Texas, County of
Know all men by these presents, that we, as principal,
and and , as sureties, are held and firmly
bound unto the State of Texas, in the penal sum of .... dollars, to
the payment of which we bind ourselves, our heirs, executors and ad-
ministrators.
The condition of this obligation is such, that whereas
has, by his certain deed of assignment, bearing date of the .... day of
, A. D. 19.., conveyed all his property to the above bound
for the benefit of accepting creditors, under and by virtue
of the laws of this State relating to assignments for the benefit of credit-
ors, now, if the said shall faithfully discharge his duties
as such assignee, and shall make proportional distribution of the net-
proceeds of the assigned estate among the creditors entitled thereto,
then this obligation shall be void, otherwise to remain in full force and
effect.
Witness our hands this .... day of , A. D. 19 . .
R. S. Art. 76.
No. 123.
NOTICE TO CREDITORS.
The State of Texas, County of
To the Creditors of You are hereby notified that
, of the county of , on the .... day of . . . . ,
A. D. 19.., executed a deed of assignment, conveying to the under-
signed all of his property for the benefit of such of his creditors as will
consent to accept their proportional share of his estate and discharge him
from their respective claims, and that the undersigned accepted said
trust, and has duly qualified as required by law.
TEXAS CIVIL FORM BOOK. 89
AH creditors consenting to said assignment must, within four months
after the publication of this notice, make known to the assignee their
consent in writing, and within six months from the date of this notice
file their claim, prescribed by law, with the undersigned, who resides
at , Texas, which is also his postoffice address.
Witness my hand this .... day of , A. D. 19 . .
R. S. Art. 74.
This notice should be published in some newspaper printed in the
county where the assignor resides, within thirty days after the execution
of the assignment, for three successive weeks, and -so far as he can, the
assignee shall also give personal notice, or notice by mail, to each of the
creditors of the assigning debtor.
No. 124.
NOTICE OF ACCEPTANCE BY CREDITOR.
The State of Texas, County of
To , Assignee of You are hereby notified
that the said ." , assignor, is indebted to me in the sum of
dollars, and I hereby consent to accept my proportional share
of his estate, and discharge him from said respective claim, as made and
provided for by the statute in such cases.
Notice of acceptance should be given within four months after the
publication of notice of assignment.
K. S. Art. 75.
90 TEXAS CIVIL FORM BOOK.
No. 125.
CREDITOR'S CLAIM.
............ , Assignee,
To
dollars.
. . . . (here set forth the claim).
AFFIDAVIT TO CLAIM.
I, , do solemnly swear that the foregoing statement is
true, that the debt is just, and that there are no credits or offsets that
should be allowed against the claim, except as shown by the statement.
Sworn to and subscribed before me, under, my official hand and seal
this day of , A. D. 19..
(Seal.)
K. S. Art. 78.
Statement of creditor's claim should be filed with the assignee within
six months after the publication of notice of assignment.
ASSIGNMENT OF ACCOUNTS, JUDGMENTS, ETC.
No. 126.
ASSIGNMENT INDORSED ON INSTRUMENT.
The State of Texas, County of
For and in consideration of the sum of dollars to me in hand
paid by , I hereby assign all my right, title and interest
in the within instrument to him, the said , and his assigns.
Witness my hand this .... day of , A. D. 19. .
R. S. Art. 208 (266).
No. 127.
ASSIGNMENT OF INSTRUMENT, WITH GUARANTY OF PAYMENT.
For a valuable consideration I assign the within obligation, and all
moneys due thereon, to , hereby guarantying the payment
of the same to him or his assigns.
Witness my hand this .... day of , A. D. 19. .
TEXAS CIVIL FORM BOOK. 91
No. 128.
ASSIGNMENT OF OBLIGATION WITHOUT GUARANTY OF PAYMENT.
For value received I hereby assign the within obligation, and all
moneys due thereon, to , not holding myself liable in any-
wise for the payment of the same.
Witness my hand this .... day of , A. D. 19. .
No. 129.
ASSIGNMENT OF AN ACCOUNT.
The State of Texas, County of
For and in consideration of the sum of dollars to me in hand
paid by ...... I hereby assign and transfer to the said
the account annexed hereto against , of
County, Texas, all my right, title, interest in and to the
same with full power and authority to collect and receipt therefor.
And I guaranty to said that said account is just and due,
and that I have not received or discharged the same or any part thereof.
Witness my hand this .... day of , A. D. 19. .
No. 130.
ASSIGNMENT OF BOND BY A SEPARATE INSTRUMENT.
The State of Texas, County of
Know all men by these presents, that I, , of said county
and State, for and in consideration of the sum of dollars, to me
in hand paid by , the receipt of which is hereby acknowledged,
have bargained, sold and assigned, and by these presents do bargain,
sell and assign, unto the said , of County, Texas,
his executors, administrators and assigns, a certain bond or obligation in
writing, and conditions thereof, bearing date of the .... day of
A. D. 19. ., executed by to me, conditioned for the pay-
ment of dollars on the .... day of , A. D. 19. ., with in-
terest from , at the rate of .... per cent per annum, and all
sums of money due or to become due thereon. And I further covenant
with the said that there is now due on said obligation,
92 TEXAS CIVIL FORM BOOK.
according to the conditions thereof, principal and interest, the sum of
dollars, and that I am the lawful owner of said obligation.
Witness my hand this .... day of , A. D. 19. .
Signed and delivered in the presence of
Witnesses.
No. 131.
ASSIGNMENT OF A DEBT.
The State of Texas, County of
I, , for and in consideration of the sum of dollars,
to me in hand paid by , the receipt of which is hereby
acknowledged, have bargained, sold, transferred and assigned unto the
said a certain debt due and owing to me from
of County, Texas, for (here state the nature of the
indebtedness), amounting to dollars.
And I do hereby authorize the said . . . ; , in my name or
otherwise, but at his own costs, to sue for, collect and receive, sell and
transfer, and settle and discharge the said debt.
And I do hereby covenant that the said sum of dollars is justly
owing and due to me from the said , and that I have
neither done nor will do anything to lessen or discharge the said debt,
or hinder the said or his assigns from collecting the same.
Witness my hand this .... day of , A. D. 19. .
No. 132.
ASSIGNMENT OF MORTGAGE.
The State of Texas, County of
Know all men by these presents, that I, , of
County, Texas, for and in consideration of the sum of dollars,
to me in hand paid by , the receipt of which is hereby
acknowledged, have bargained, sold and assigned, and bj these presents
do grant, bargain, sell, assign and transfer unto the said ,
his executors, administrators and assigns, a certain mortgage, bearing
date .... day of , A. D. 19 . ., made to me by , to
secure the sum of dollars, lawful currency of the United States of
America, together with the obligation therein described, and the money
due or to become due thereon, with the interest.
TEXAS CIVIL FORM BOOK. 93
And I covenant that I am the true and lawful owner of the said
obligation and mortgage, and that I have just right, full power and
authority to sell, assign and dispose of the same; and that there is now
owing thereon the said principal sum of dollars, together with the
interest thereon from the .... day of , A. D. 19. . It is expressly
understood that no recourse is to be had against me as assignor or
surety for the payment of said obligation.
Witness my hand this .... day of , A. D. 19. .
No. 133.
ASSIGNMENT OF A MORTGAGE AS COLLATERAL SECURITY, TO BE
INDORSED THEREON.
The State of Texas, County of
Know all men by these presents, that I, , for and in
consideration of the sum of dollars to me in hand paid by
, the receipt of which is hereby acknowledged, do hereby
assign, transfer, convey and set over unto the said the
within mortgage, and the obligation therein described, and all my right,
title and interest in and to the same, and do hereby authorize the said
, in my name or otherwise, but at his own costs and
charges, to collect and obtain payment of the same. And I covenant
that there is now owing for principal upon the said bond and mortgage
the sum of dollars, and interest at the rate of .... per cent per
annum from the .... day of , A. D. 19. ., and that I am the
owner thereof, and have a good right to sell the same. But this assign-
ment is upon this express condition, that if the said
(assignor) shall well and truly pay, or cause to be paid, unto the said
(assignee) the sum of dollars, on or before the ....
day of , A. D. 19. ., with interest thereon at the rate of .... per
ce,nt per annum from the date hereof, then this assignment to be void.
But if the said (assignee), his heirs or assigns, shall col-
lect the money secured by the obligation and mortgage hereby assigned,
then, after taking therefrom the said sum of dollars, with interest
as above stipulated, and the amount of costs and charges properly in-
curred in and about the collecting thereof, including the usual attorney's
fees, he or they shall pay over the surplus (if any) to the said
(assignor), his executors, administrators or assigns.
Witness my hand this .... day of , A. D. 19 . .
, (Assignor).
, (Assignee).
Witnesses.
94 TEXAS CIVIL FORM BOOK.
No. 134.
ASSIGNMENT OF A JUDGMENT.
The State of Texas, County of ........
Know all men by these presents, that I, , for and in
consideration of the sum of dollars to me in hand paid by
, the receipt of which is hereby acknowledged, do hereby
transfer and assign to the said ' . . . . a certain judgment by me
recovered in the Court of County, Texas, at the
term, A. D. 19. ., of said court, against , for the
sum of dollars and costs of suit, with full authority to demand
and receive the same to his own use, and upon payment thereof, or of
any part, to give discharge for the same. And I authorize the said
, in my name, but at his own cost and charge, to sue out
execution and all other legal process that may be necessary for the en-
forcement of said judgment.
And I do covenant that there is now due on said judgment the sum
of dollars, and that I will not collect or receive the same or any
part thereof, nor release or discharge the said judgment.
Witness my hand this .... day of , A. D. 19. .
Signed and delivered in the presence of
Witnesses.
No. 135.
ASSIGNMENT OF LEASE.
The State of Texas, County of
Know all men by these presents, that I, , for and in
consideration of the sum of dollars, to me in hand paid by
, the receipt of which is hereby acknowledged, do hereby
assign, transfer and convey unto the said a certain lease,
bearing date the .... day of , A. D. 19 . . , made by ,
of County, Texas, to me for the term of years, reserving
unto the said the yearly rent of dollars, payable
(here state how the same is payable), with all and singular
the premises therein mentioned and described, and the buildings thereon,
together with the appurtenances, to have and to hold the same for and
during the remainder of the term mentioned in said lease. And I do
further covenant that the said assigned premises are free from all other
TEXAS CIVIL FORM BOOK. 95
gifts, grants, bargains, sales, leases and incumbrances, by me suffered,
made or created.
Witness my hand this .... day of , A. D. 19 . .
Signed and delivered in the presence of
Witnesses.
No. 136.
ASSIGNMENT OF POLICY OF INSURANCE.
The State of Texas, County of J . . .
For and in consideration of the sum of dollars to me in hand
paid, the receipt of which is hereby acknowledged, I do hereby sell, as-
sign, transfer, convey and set over unto the said , all my
right, title, interest, claim and demand, in and to the within-named
policy of insurance, and all sums of money, interest, benefit and ad-
vantage whatever, now due, or which may hereafter arise, or to be had
or made by virtue thereof, to have and to hold the same unto the said
, his heirs and assigns forever.
Witness my hand this .... day of , A. D. 19 . .
Signed and delivered in the presence of
Witnesses.
No. 137.
ASSIGNMENT OF A PATENT FOR AN INVENTION.
The State of Texas, County of
Whereas, letters patent, bearing date the .... day of , A. D.
19. ., were granted and issued by the government of the United States,
under the seal thereof, to , of said county and State, for
(here state the nature of the invention, in general terms, as
in the patent), a more particular description whereof is annexed to said
letters patent in a schedule, by which letters patent the full and exclu-
sive right and liberty of making and using the said invention, and of
vending the same to others to be used, was granted to the said ,
his heirs, executors, administrators or assigns, for the term of
years from said date.
96 TEXAS CIVIL FORM BOOK.
Now therefore know all men by these presents, that I, the said
} for and in consideration of the sum of dollars, to
me in hand paid by , the receipt of which is hereby ac-
knowledged, have granted, assigned and set over, and by these presents
do grant, assign and set over, unto the said , of said State
and county, his executors, administrators and assigns, the said letters
patent, and all my right, title and interest in and to said invention.
Witness my Rand this .... day of , A. D. 19 . .
Signed and delivered in the presence of
Witnesses.
No. 138.
TRANSFER AND ASSIGNMENT OF PURCHASE MONEY NOTE AND LIEN.
The State of Texas, County of
Know all men by these presents, that in consideration of dollars
in hand paid me by , the receipt of which is hereby ac-
knowledged, hereby assign, transfer, and convey unto the said
certain note . . executed by , dated the ....
day of , A. D. 19. ., aggregating dollars.
Said note . . having been given to in part payment for
that certain tract or parcel of land, situated in County, Texas,
full}- described in the deed bearing even date of said note . . recorded in
volume . . . ., page . . . ., Eecords of Deeds of County, Texas,
which is referred to and made a part hereof for further description.
To have and to hold the above mentioned note . . , together with all
and singular the contract lien, vendor's lien, rights, equities and interest
in said land which I have by virtue of being the the vendor . . in said deed
and payee . . in said note . . And I bind myself that said note is the first
lien on the said land and that^all payments, offsets and credits have been
allowed. This conveyance, however, not to affect in any manner my
liability as indorser on the back of said note . . And I hereby guarantee
the payment of principal and interest of said note. . or any extension
or renewal thereof, hereby waiving protest, diligence and suit on the
same.
Witness .... hand this .... day of , A. D. 19 ..
TEXAS CIVIL FORM BOOK. 97
SINGLE ACKNOWLEDGMENT.
The State of Texas, County of
Before me, the undersigned authority, on this day personally appeared
, known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that he executed
the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this .... day of , A. D.
19..
Notary Public, County, Texas.
BILLS OF SALE.
No. 139.
BILL OF SALE.
The State of Texas, County of
Know all men by these presents, that I, , of the county
of , Texas, for and in consideration of dollars, to me
paid by , the receipt of which is hereby acknowledged and
confessed, have bargained, sold and delivered, and do by these presents
bargain, sell and deliver unto the said , of the county of
, State of Texas, the following described personal property,
to wit: (here describe the property).
And I do for myself, my heirs, executors, administrators and assigns,
covenant to and with the said , his heirs, executors, admin-
istrators and assigns to warrant and defend the title to said property
before mentioned, against the lawful claim or claims of any and all
persons whomsoever.
Witness my hand at , Texas, this .... day of , A. D.
19..
Witnesses.
Upon the sale, alienation or transfer of any horse, mare, mule, geld-
ing, colt, jack, jennet, cow, calf, ox or beef steer by any person in this
State, the actual delivery of such animals shall be accompanied by a
written transfer from the vendor, or party selling, to the purchaser,
giving the number, marks and brands of each animal sold and delivered.
R. S. Art. 4940 (4562).
Form Book — 7.
98 TEXAS CIVIL FORM BOOK.
No. 140.
SHERIFF'S BILL OF SALE.
The State of Texas, County of
Know all men by these presents, that I, , sheriff of said
county of , Texas, by virtue of an execution issued upon a judg-
ment rendered in the (here give the court) in said county, in
favor of against , cause No , did lately
seize and levy upon (here describe the property), as the prop-
erty of the said , and after duly advertising said
as required by law, did offer said for sale at public auction,
between the legal hours thereof, on the first Tuesday in , A. D.
19. ., being the .... day of said month, at the door of the courthouse at
, in said county, and knocked off the said to
, of said county, at and for the sum of dollars, he
being the highest and best bidder therefor.
Now therefore I, , the said sheriff as aforesaid, in con-
sideration of the premises and the said sum of dollars, to me in
hand paid by the said , the receipt of which is hereby ac-
knowledged and confessed, do by these presents sell and convey to the
said , his heirs and assigns, all the right, title and interest
the said , defendant in execution, had in and to said
at the time of levy and sale thereof.
Witness my hand officially this .... day of , A. D. 19 . .
Sheriff, County, Texas.
Executed and delivered in the presence of
Witnesses.
See R. S. Art. 2375 (2316).
BONDS.
No. 141.
BOND FOR COSTS.
The State of Teaxs, County of No In Court
of County.
Know all men by these presents, that we, , as principal,
and and , as sureties, do hereby bind our-
selves, jointly and severally, to pay unto the officers of said court and to
TEXAS CIVIL FORM BOOK. 99
whom it may concern, all costs that have accrued, or may accrue, in the
prosecution of a certain suit now pending in said court, wherein
is plaintiff and is defendant.
Witness our hands this .... day of , A. D. 19. .
Approved this .... day of , A. D. 19 ..
Clerk of Court, County.
R. S. Art. 1440 (1436).
The plaintiff in any civil suit may at any time before final judgment,
upon motion of the defendant or any officer of the court interested in
the costs accruing in such suit, be ruled to give security for the costs;
and if such rule be entered against the plaintiff and he fail to comply
therewith on or before the first day of the next term of the court, the
suit shall be dismissed. The clerk may require of the plaintiff security
for costs before issuing any process therein, but he shall file his petition
and enter the same properly on the docket.
R. S. Art. 1439 (1435).
No. 142.
AFFIDAVIT OF INABILITY TO GIVE BOND FOR COSTS.
.vs. No . . In . . Court of
County.
, plaintiff in the above entitled cause, being duly sworn,
says he is too poor to pay the costs of court and is unable to give security
therefor.
Sworn to and subscribed before me, this the .... day of , A. D.
19..
Clerk of Court, County.
R. S. Art. 1442 (1438).
The clerk or justice of the peace shall have the right to contest, by
proof or otherwise, the inability of the party to pay the cost. If plain-
tiff demands « jury, he shall file with the clerk an affidavit in writing
that he is unable to deposit the jury fee, and that he cannot by pledge
of property or otherwise obtain money for that purpose.
R. S. Art. 3195 (3067).
100 TEXAS CIVIL FORM BOOK.
No. 143.
APPEAL BOND FROM JUSTICE COURT.
vs No In the Justice Court, Precinct
No , County, Texas.
Whereas, on the .... day of , A. D. 19 . . , before ,
a justice of the peace in the county of , State of Texas,
recovered a judgment against for the sum of
.... dollars, besides costs of suit, from which judgment the said
has appealed to the County Court of County :
Now therefore we, . ., as principal, and and
, as sureties, acknowledge ourselves bound to pay unto the
said • . . the sum of dollars, conditioned that the said
shall prosecute his said appeal to effect and shall pay off
and satisfy the judgment which may be rendered against him on such
appeal.
Witness our hands this .... day of , A. D. 19. .
, Principal.
, Surety.
, Surety.
, Surety.
Examined and approved this .... day of , A. D. 19. .
Justice of the Peace Precinct No , County, Texas.
R. S. Art. 1670 (1639).
No. 144.
CERTIFICATE OF SOLVENCY OF BOND.
The State of Texas, County of
I, , clerk of the Court in and for said county,
lo hereby certify that and , whose genuine
signatures appear signed to the annexed bond, are in my opinion good
and ample security for the amount therein specified ; and that
and , each, have property in said county subject to
execution of a larger amount, and that if said bond was offered to me
for approval the same would be accepted and approved.
Witness my hand and seal of office, at , this the .... day of
,A. D. 19..
Clerk of ........ Court, County.
By , Deputy.
TEXAS CIVIL FORM BOOK. 101
No. 145.
AFFIDAVIT IN LIEU OF APPEAL BOND FROM JUSTICE COURT.
vs No In Justice Court of Precinct
No , County, Texas.
, defendant in the above entitled and numbered cause,
pending before , a justice of the peace in and for precinct
No , County, Texas, being duly sworn, says that at a reg-
ular term of said court, to wit, on the .... day of , A. D. 19. .,
the said , plaintiff in said cause, recovered a judgment
against him, the said , for the sum of dollars, witty
interest thereon from the .... day of , A. D. 19 . ., at . . . per cent
per annum, and all costs of suit, from which said judgment he desires
to prosecute an appeal to the county court of said county of ,
but that he is unable to pay the costs of appeal, or any part thereof, or
to give security therefor.
Sworn to and subscribed before me, this . . . day of , A. D. 19. .
Justice of the Peace Precinct No , County, Texas.
R. S. Art. 1671 (1639a.)
Such proof shall be made before the county judge of the county where
such party resides, or before the court trying the same, at any time
within ten days from and after the date of the judgment rendered therein.
Said affidavit may be contested by any officer of the court or party to
the suit. When the appellant files his affidavit of his inability to pay the
costs, it shall be the duty of the court trying the case, or the justice of
the peace in which said case was tried, or the county judge of the county
in which the suit is pending, to hear evidence and to determine the right,
of the party to his appeal.
R. S. Art. 1671 (1639a).
No. 146.
BOND TO CONVEY LAND.
The State of Texas, County of
Know all men by these presents, that I, , of said State
and county, am held and firmly bound unto , of
County, in said State, in the penal sum of .... dollars, lawful currency
of the United States, for the payment of Which to the said ,
his heirs, executors, administrators and assigns, I bind myself, my heirs,
executors and administrators.
The condition of the above obligation is such, that whereas the above
bounden , for and in consideration of the sum of
102 TEXAS CIVIL FORM BOOK.
dollars, cash to him in hand paid by the said , and the fur-
ther sum of dollars, secured to be paid by the said ,
evidenced by his two several promissory notes of even date herewith, one
being for the sum of dollars, and due and payable on the .... day
of , A. D. 19. ., with interest from date at .... per cent per an-
num, and the other for the sum of dollars, and due and payable
on the .... day of , A. D. 19. ., with interest from date at ....
per cent per annum, executed and delivered by the said
to the above bound , has bargained and sold, and by these
presents do bargain and sell, unto the said , a certain tract
of land out of the survey and situated in County,
Texas, with metes and bounds as follows : (here describe the
land).
Now. if the above bound shall, upon the payment of said
'wo promissory notes above mentioned, according to their legal tenor
and effect, make, execute and acknowledge, or cause to be made, executed
and acknowledged, a good and sufficient deed, with warranty of title and
possession, conveying the above described land and premises unto the
said , his heirs, executors, administrators and assigns, then
the above obligation shall be null and void, otherwise to remain in full
force and effect.
Witnesses:
Acknowledgment same as in deed.]
No. 147.
BOND FOR TITLE WITHOUT SURETY.
The State of Texas, County of
Know all men by these presents, that whereas of said
county of has this da}r executed and delivered to ,
of the county aforesaid, his certain promissory note for the sum of
dollars, to become due on the .... day of , A. D. 19. ., being the
consideration given for a certain tract of land hereinafter described :
Now I, the said , in consideration of the premises, hereby
acknowledge myself bound to pay to the said the sum of
dollars, conditioned that if I, the said , upon the
payment of said promissory note being well and truly made, will execute
and deliver to the said , or his assigns, good and sufficient
titles, in fee simple, for a certain tract of land situated in said county
TEXAS CIVIL FORM BOOK. 103
of , in the survey, consisting of acres, more par-
ticularly described and designated as follows: (here describe
the land), together with all and singular, the rights, members and ap-
purtenances to the same in any manner belonging, and with such war-
ranties and assurances as will secure the said against the
lawful claims of any person whomsoever; then this obligation is to be-
come void, otherwise to remain in full force and effect.
Witness my hand this the .... day of , A. D. 19 . .
Executed and delivered in presence of
)
[For acknowledgment, same as given in deeds.]
No. 148.
BOND FOR TITLE TO REAL ESTATE WITH SURETY.
The State of Texas, County of
Know all men by these presents, that we, , as principal,
and and , as sureties, all of the county of
, State of Texas, do hereby acknowledge ourselves held and
firmly bound to . , of the county of , State of Texas,
in the sum of .... dollars, to be paid to , and to his heirs,
executors, administrators or assigns, to the payment of which sum, we
bind ourselves, our heirs, executors and administrators, firmly by these
presents: The condition of the foregoing obligation is, that, whereas,
the above bound has this day sold to the said
his heirs and assigns forever, the following described real estate, lying
and being situate in the County of , State of Texas, to wit : (here
set forth the description of the property by proper field notes). The
consideration paid, and agreed to be paid, for said land is as follows: to
wit: The sum of dollars, on the . . . . day of ,19- •> the
sum of dollars on the .... day of , 19. ., and the sum of
dollars on the .... day of , 19 . ., together with ....
per cent interest upon such sums as they become due, and the reasonable
costs for the collection of said money, and the further consideration of
the furnishing by the said to the said , with-
out costs of a complete abstract of title to said property, showing same
to be clear of any and all incumbrances whatever.
Now, if the said shall well and truly furnish such ab-
stract within five days from the date hereof, and on said .... day of
, 19. ., make the first payment above mentioned and then and
104 TEXAS CIVIL FORM BOOK.
there execute and deliver to the said , vendor lien notes for
the other payments, and the said shall then make or cause
to be made, to the said , or to his heirs, assigns and legal
representatives, a good and valid title to said premises, then this obli-
gation shall become null and void; otherwise it shall remain in full force
and effect.
Witness our hands this .... day of , 19. ,
, Principal.
, Surety.
, Surety.
Signed, sealed and delivered in presence of
No. 148 1/2.
BOND WITH CONDITION INDEMNIFYING SURETY IN A BOND.
The State of Texas, County of
Know all men by these presents, that I, , of said State
and county, am held and firmly bound unto , of
County, in said State, in the penal sum of dollars, lawful currency
of the United States, for the payment of which to the said ,
his heirs, executors, administrators and assigns, I bind myself, my heirs,
executors and administrators.
The condition of the above obligation is such, that whereas the said
, at the special instance and request of the above bounden
, has bound himself, together with the said ,
unto one , in a certain obligation bearing even date here-
with, in the penal sum of dollars, conditioned (here in-
sert the conditions of the said bond) : Now therefore if the said
shall well and truly perform the condition of said bond
in manner and form as he is therein required to do, and at all times
hereafter save harmless the said , his heirs, executors and
administrators, of and from the said obligation, and of and from all
actions, costs and damages for and by reason thereof, then this obliga-
tion to be void; otherwise to remain in full force and effect.
Witness my hand this the .... day of , A. D. 19. .
TEXAS CIVIL FORM BOOK. 105
No. 149.
AGENT'S BOND.
The State of Texas, County of
Know all men by these presents, that, whereas has been
appointed of in the city of , in said
county, and by reason of said appointment will receive into his hands
divers sums of money, goods, chattels, and other things, the property of
the said : Now therefore we, the said , as
principal, and and , as sureties, acknowledge
ourselves bound to pay to the said the sum of dollars,
conditioned that the said , his executors or administrators,
shall, upon request to him or them, made, make and give unto the said
a true and correct account of all such sums of money,
goods, chattels and other things as have come into his possession by vir-
tue of His appointment, and shall and do pay over and deliver to said
, or to any other person duly authorized to .receive the
same, all such balances or sums of money, goods chattels and other
things which shall be due by him to said
Witness our hands this the .... day of , A. D. 19 . .
No. 150.
COMMON BOND.
The State of Texas, County of
Know all men by these presents, that I, , of said State
and county, am held and firmly bound unto , of
County, in said State, in the penal sum of .... dollars, lawful cur-
rency of the United States, for the payment of which to the said
, his heirs, executors, administrators and assigns, I bind
myself, my heirs, executors and administrators.
The condition of the above obligation is such, that if the above
bounden , his heirs, executors and administrators, shall well
and truly pay, or cause to be paid, unto the said , his exec-
utors, administrators or assigns, the sum of dollars, lawful cur-
rency of the United States in .... equal annual payments from the date
hereof with annual interest from .the date of this obligation on the
amount paid, then the above obligation to be void, otherwise to remain
in full force and effect.
Witness my hand this the .... day of , A. D. 19. .
106 TEXAS CIVIL FORM BOOK.
No. 151.
BOND FOR THE PAYMENT OF MONEY AND INTEREST SEMI ANNUALLY.
The State of Texas, County of
Know all men by these presents, that I, , of said State
and county, am held and firmly bound unto , of
County, in said State, in the penal sum of dollars, lawful cur-
rency of the United States, for the payment of which to the said
, his heirs, executors, administrators and assigns, I bind
myself, my heirs, executors and administrators.
The condition of the above obligation is such, that if the above boun-
den , his heirs, executors and administrators, shall well and
truly pay, or cause to be paid, unto the above named , his
executors, administrators or assigns, the sum of dollars, lawful
currency of the United States, on the .... day of , A. D. 19. .,
and the legal interest thereon, to be computed from the day of the date
hereof, and to be paid semi-annually, on the .... day of and the
.... day of in each and every year, then the above obligation to
be void; otherwise to remain in full force and effect. And it is hereby
expressly agreed that should any default be made in the payment of said
interest, or of any part thereof, on any day whenever the same is made
payable, as above expressed, the aforesaid principal sum of dol-
lars, with all arrearages of interest thereon, shall at the option of the
said , his executors, administrators, or assigns, become and
be due and payable immediately thereafter, although the period above
limited for the payment thereof may not then have expired, anything
hereinbefore contained to the contrary thereof in anywise nowithstand-
ing.
Witness my hand this the .... day of , A. D. 19. .
BONDS AND OATHS OF OFFICERS.
No. 152.
COUNTY SUPERINTENDENT'S BOND.
The State of Texas, County of
Know all men by these presents, that we, , as principal,
and . and , as sureties, are held and firmly bound
unto the county commissioners' court of the county of , State of
Texas, and their successors in office, in trust for the available school
fund of the county of , in the sum of five thousand dollars, for
the payment of which we hereby bind ourselves and our heirs, executors
and administrators, jointly and severally, by these presents.
Signed with our hands and dated this .... day of , A. D. 19. .
The condition of the above obligation is such that, whereas the above
TEXAS CIVIL FORM BOOK. 107
bounden was, on the .... day of , A. D. 19. ., duly
elected to the office of county superintendent of public instruction in
and for the county of , in the State of Texas : Now therefore
if the said shall faithfully perform and discharge all of
the duties of his office, then this obligation to be void, otherwise to re-
main in full force and effect.
In testimony whereof, witness our hands.
R. S. Art. 3929b.
Such county superintendent shall take the oath of office prescribed by
law. The county judge who serves as ex officio county superintend-
ent of public instruction shall give bond in the sum of one thousand
dollars, payable to the commissioners' court and their successors in office,
and conditioned for the faithful performance of his duties.
R. S. Art. 3939.
No. 153.
COUNTY COMMISSIONER'S BOND.
The State of Texas, County of
Know all men by these presents, that we, , as -principal,
and and , as sureties, are firmly held and
bound unto , treasurer of the county of , State of
Texas, in the sum of dollars, for the payment of which we hereby
bind ourselves and our heirs, executors and administrators, jointly and
severally, by these presents.
Signed with our hands and dated this .... day of , A. D. 19. .
The condition of the above obligation is such that, whereas, the above
boundeu was, on the .... day of , A. D. 19. ., duly
elected to the office of county commissioner in and for commissioner
precinct No , in County, State of Texas : Now therefore
if the said shall faithfully perfom and discharge all the
duties required of him by law as county commissioner aforesaid, then
this obligation to be void, otherwise to remain in full force and effect.
In testimony whereof, witness our hands.
R. S. Art. 1535 (1512).
Each commissioner shall take the oath prescribed by the Constitution,
and shall also take the oath that he will not be directly or indirectly
108 TEXAS CIVIL FORM BOOK.
interested in any contract with or claim against the county in which he
resides, and shall execute a bond in the sum of $3,000, payable to the
treasurer of his county.
In case of vacancy in said office, the county judge shall appoint some
suitable person living in the precinct where such vacancy occurs, to
serve as commissioner for such precinct until the next general election.
R. S. Art. 1536 (1513). Commissioner road bond $1,000 to County Judge.
Supplement to Sales Civ. Sts. 1897-1904, p. 512.
No. 154.
COUNTY JUDGE'S BOND.
The State of Texas, County of
Know all men by these presents, that we, , as principal
and and , as sureties, are held and firmly
bound unto , treasurer of the county of , in the
State of Texas, in the sum of .... dollars, for the payment of which,
well and truly to be made, we bind ourselves, our heirs, executors and
administrators, jointly and severally, by these presents.
Signed with our hands and dated this .... day of , A. D. 19. .
The condition of the above obligation is such, that, whereas, the above
bounden • was, on the .... day of , A. D. 19. ., duly
elected to the office of county judge in and for County, in the
State of Texas : Xow therefore if the said , county judge
of County, shall pay over to the person or officer entitled to re-
ceive it, all moneys that may come into his hands as county judge within
thirty days after he shall have received the same, then this obligation
to be void, otherwise to remain in full force and effect.
In testimony whereof, witness our hands.
R. S. Art. 1125 (1134).
Said bond shall be in a sum of not less than one thousand nor more
than five thousand dollars to be determined and fixed by the commis-
sioners' court. The county judge shall take the oath of office prescribed
in the Constitution and also the further oath required of the several
members of the commissioners' court.
The judge of the district court, and each special judge provided for
by law shall, before entering upon the duties of his office, take the oath
of office prescribed by the Constitution.
R. S. Art. 1066 (1088).
TEXAS CIVIL FOBM BOOK. 109
No. 155.
COUNTY TREASURER'S GENERAL BOND.
The State of Texas, County of
Know all men by these presents, that we, , as principal,
and and , as sureties, are firmly held and
bound unto , county judge of the county of , State
of Texas, in the sum of dollars, for the payment of which, well
and truly to be made, we bind ourselves, our heirs, executors and admin-
istrators, jointly and severally, by these presents.
Signed with our hands and dated this .... day of , A. D. 19. .
Whereas the above bounden has been elected to the office
of county treasurer of the county of , State of Texas, at the
general election held therein on the .... day of , A. D. 19. .:
Now, the condition of this obligation is such, that if the said
shall faithfully execute the duties of his office and pay
over, according to law, all moneys which shall come into his hands as
county treasurer, and render a just and true account thereof to said
court at each regular term of said court, then this obligation to be null
and void, otherwise to remain in full force and effect.
In testimony whereof, witness our hands.
R. S. Art. 921 (989).
No. 156.
COUNTY TREASURER'S BOND FOR SCHOOL FUND.
The State of Texas, County of
Know all men by these presents, that we, , as principal,
and and , as sureties, are held and firmly
bound unto , county judge of the county of , State
of Texas, in the sum of dollars, for the payment of which, well
and truly to be 'made, we bind ourselves, our heirs, executors and admin-
istrators, jointly and severally, by these presents.
Signed with our hands and dated this .... day of , A. D. 19. .
The condition of this obligation is such, that if the said ,
county treasurer of the county of , State of Texas, shall safely
keep and faithfully disburse the school fund of this county according to
law, and pay such warrants as may be drawn on said fund by competent
authority, then this obligation shall be null and void, and otherwise to
remain in full force and effect.
In testimony whereof, witness our hands.
R. S. Art. 921 (989).
110 TEXAS CIVIL FORM BOOK.
No. 157.
COUNTY TREASURER'S ADDITIONAL BOND.
The State of Texas, County of
Know all men by these presents, that we, . . ., as principal,
and and , as sureties, are lirmly held and
bound unto , county judge of the county of , State
of Texas, in the sum of ....... dollars, for the payment of which, well
and truly to be made, we bind ourselves, our heirs, executors and admin-
istrators, jointly and severally, by these presents.
Signed with our hands and dated this .... day of , A. D. 19. .
Whereas, the above bounden , treasurer of the county of
., State of Texas, on the .... day of , A. D. 19. ., exe-
cuted his bond in accordance with law for the faithful performance of
the duties of his office, etc.; and whereas, the commissioners' court of
said county has required said to give an additional bond :
Now the condition of this obligation is such, that if the said
shall faithfully execute the duties of his office and pay over, according
to law, all moneys which shall come into his hands as county treasurer,
and render a just and true account thereof to said court at each regular
term of said court, then this obligation shall be null and void, and other-
wise to remain in full force and effect.
In testimony whereof, witness our hands.
R. S. Art. 922 (990).
No. 158.
COUNTY AND DISTRICT SURVEYORS.
R. S. Art. 4068-4105 (3834-3870).
R. S. Art. 4069, amended by 25th Leg., p. 26.
BOND OF COUNTY SURVEYOR.
The State of Texas, County pf
Know all men by these presents, that we, . . . t , as principal,
and and , as sureties, are held and firmly
bound unto ,. ., Governor of the State of Texas, and his suc-
cessors in office, in the sum of dollars, for the payment of which,
well and truly to be made, we bind ourselves, our heirs, executors and
administrators, jointly and severally, by these presents.
Signed with our hands and dated this .... day of , A. D. 19 ..
Whereas, the above bound has been elected to the office
of surveyor in and for the county of , State of Texas, at the
TEXAS CIVIL FORM BOOK. Ill
general election held therein on the .... day of , A. D. 19. .;
Now therefore the condition of this obligation is such, that if the said
shall faithfully perform all the duties of his office, then
the above obligation shall be null and void, otherwise to remain in full
force and effect.
In testimony whereof, witness our hands.
R. S. Art. 40(59. 25th Leg. Reg. Ses., p. 26.
Said bond shall be in such sum as may be fixed by the commissioners'
court of the county, not to be less than five hundred dollars, nor more
than ten thousand. Said officer must take the oath prescribed by the
Constitution.
The county or district surveyor shall appoint as many deputy survey-
ors as he may deem necessary for the county or district, and shall ad-
minister to them the oath of office. Such deputy shall take the oath of
office and enter into bond with two or more good and sufficient sureties,
to be approved by the county commissioners' court, in the sum of five
thousand dollars, payable to the Governor and his successors in office,
conditioned for the faithful performance of the duties of his office.
R. S. Art. 4076 (3840).
A special deputy may be appointed in like manner.
R. S. Art. 4089 (3853)"
No. 159.
CLERK'S BOND.
County Clerks, R. S. Arts. 1133-1153 (1142-1160).
District Clerks, R. S. Arts. 1078-1090 (HOOa-1116).
The State of Texas, County of
Know all men by these presents, that we, , as principal,
and and , as sureties, are held and firmly
bound unto , Governor of the State of Texas, and his suc-
cessors in office, in the sum of dollars, for the payment of which,
well and truly to be made, we bind ourselves, our heirs, executors and
administrators, jointly and severally, by these presents.
Signed with our hands and dated this .... day of , A. D. 19. .
The condition of the above obligation is such, that, whereas, the above
bounden was, the .... day of , A. D. 19. ., duly
elected to the office of the clerk of the court in and for
County, in the State of Texas : Xow therefore if the said
shall faithfully perform and discharge all the duties required of him
by law as clerk of the court aforesaid, and shall safely keep the
112 TEXAS CIVIL Fomr BOOK.
records of his office, then this obligation to be void, otherwise to remain
in full force and effect.
In testimony whereof, witness our hands.
Bond of the district clerk must be in the sum of $5,000 ; bond of the
county clerk must be given in a sum to be fixed by the commissioners'
court, not less than two thousand nor more than ten thousand dollars.
Each shall also take and subscribe the oath of office required by the Con-
stitution, which shall be indorsed upon the bond.
No. 160.
APPOINTMENT OF DEPUTY CLERK.
The State of Texas, County of
Know all men by these presents, that, I, , the under-
signed clerk of the court of the county of aforesaid,
do hereby appoint deputy clerk of said court.
In witness whereof I have hereunto set my hand and the seal of said
court this .... day of , A. D. 19. .
Clerk of the Court of County.
R. S. Arts. 1138 (1145), 1083 (1103).
The person appointed deputy clerk shall take the oath of office pre-
scribed bv the Constitution.
R. S. Arts. 1084, 1139.
No. 161.
DISTRICT ATTORNEY'S BOND.
The State of Texas, County of
Know all men by these presents, that we, , as principal,
and and , as sureties, are held and firmly
bound unto , Governor of the State of Texas, and his suc-
cessors in office, in the sum of dollars, for the payment of. which
we hereby bind ourselves and our heirs, executors and administrators,
jointly and severally, by these presents.
Signed with our hands and dated this .... day of , A. D. 19. .
The condition of the above obligation is such, that, whereas, the above
bounden was, on the .... day of , A. D. 19 . ., duly
elected to the office of district attorney in and for the judicial
TEXAS CIVIL FORM BOOK. 113
district in the State of Texas: Xow therefore if the said ,
shall faithfully perform and discharge all the duties required of him by
law as district attorney aforesaid, and shall faithfully pay over, in the
manner prescribed by law, all moneys which he may collect or which
may come into his hands for the State of Texas or for any county, then
this obligation to be void, otherwise to remain in full force and effect.
In testimony whereof, witness our hands.
R. S. Art. 277 (242).
Each district attorney shall give bond in the sum of $5,000, to be ap-
proved by the district judge of their respective districts; and he shall
take and subscribe the oath of office prescribed by the Constitution, which
bond and oath shall be deposited in the office of the Comptroller of
Public Accounts.
County Attorney, Sec. R. S. Art. 285. $2,500 Bond.
No. 162.
CONSTABLE'S BOND.
The State of Texas, County of
Know all men by these presents, that we, , as principal,
and and , as sureties, are held and firmly
bound unto ., , Governor of the State of Texas, and his suc-
cessors in office, in the sum of dollars, for the payment of which,
well and truly to be made, we bind ourselves, our heirs, executors and
administrators, jointly and severally, by these presents.
Signed with our hands and dated this .... day of , A. D. 19. .
The condition of the above obligation is such, that if the above
bounden , who has been elected constable in and for pre-
cinct No , in and for the county of , State of Texas, shall
faithfully perform all the duties required of him by law as constable
aforesaid, then this obligation to be null and void, otherwise to remain
in full force and effect.
In testimony whereof, witness our hands.
R. S. Art. 4911 (4533).
Said officer shall also take and subscribe the oath of office prescribed
by the Constitution, which shall be indorsed on said bond. Vacancies
in the office of constable shall be filled by the commissioners' court.
Form Book — 8.
114 TEXAS CIVIL FORM BOOK.
No. 163.
APPOINTMENT OF DEPUTY CONSTABLE.
The State of Texas, County of
Know all men by these presents, that I, , constable of
precinct No , in and for the county of , State of Texas, in
which is situated the city of , having or more inhabit-
ants, do hereby appoint my deputy, with full power and
authority to perform all the acts and duties required of me as constable
as aforesaid.
Witness my hand this .... day of , A. D. 19. .
Constable Precinct No.- . . . ., County.
R. S. Art. 4908 (4531) 1895, amended by 25th Leg., p. 194, art. 4908.
Justice's precinct, in which is situated a city of eight thousand or
more inhabitants, such constable may appoint no more than two depu-
ties, who shall qualify as required of deputy sheriffs. In cities and
towns of 2,500 or more inhabitants, no more than one deputy constable
may be appointed.
R. S. Art. 4908, 25th Leg., 1897, p. 194.
No. 164.
DEPUTY CONSTABLE'S BOND.
The State of Texas, County of
Know all men by these presents, that we, , as principal,
and and , as sureties, are held and firmly
bound unto , his heirs, executors and administrators, in the
sum of dollars, for the payment of which, well and truly to be
made, we bind ourselves, our heirs, executors and administrators, jointly
and severally, by these presents.
Signed with our hands and dated this .... day of , A. D. 19 . .
Whereas, the above bound was, on the .... day of
, A. D. 19. ., appointed deputy constable by the said ,
who was on the .... day of , duly elected constable in and for
precinct No. '...., in and for the county of , State of Texas:
Now the condition of this obligation is such, that if the said
shall well and sufficiently indemnify, save and keep harm-
less the said , constable as aforesaid, from all costs, charges,
damages and suits that he, the said , may incur or become
liable to in consequence of any acts, doings, or neglect of duty of him,
the said , as such deputy constable, and that he, the said
, shall, on demand, pay to the said , con-
TEXAS CIVIL FORM BOOK. 115
stable as aforesaid, his proportion of the legal fees received by him,
the said , then this obligation shall be null and void, other-
wise to remain in full force and effect.
In testimony whereof, witness our hands.
R. S. Art. 4908, 25th Leg., p. 194.
No. 165.
PUBLIC WEIGHERS' BOND.
The State of Texas, County of
Know all men by these presents, that we, , as principal,
and and , as sureties, are held and firmly
bound unto . . . ., , county judge of the county of , State
of Texas, or his successor in office, in the sum of dollars, for the
payment of which we hereby bind ourselves and our heirs, executors and
administrators, jointly and severally, by these presents.
Signed with our hands and dated this .... day of , A. D. 19. .
The condition of the above obligation is such, that whereas, the above
bounden was, on the .... day of , A. D. 19 . ., duly
elected (or appointed, as the case may be) to the office of public weigher
in and for justice precinct No , in the county of , State of
Texas :
Now therefore if the said shall faithfully and impar-
tially perform and discharge all of the duties of his office required of
him by law as public weigher aforesaid, then this obligation to be null
and void, otherwise to remain in full force and effect.
In testimony whereof, witness our hands.
R. S. Art. 4309, amended by 26th Leg., Reg. Ses., Gen. Laws 1899, p. 265.
Every person appointed or elected public weigher shall take the oath
of office prescribed by the Constitution for other offices, and shall execute
a bond in the sum of $5,000; provided the bond of the public weigher
for a justice precinct shall be $2,500.
He may appoint as many deputies as may be necessary to enable him to
expeditiously weigh all cotton, wool, sugar, hay and grain offered to be
weighed in the city or justice precinct for which he is elected or ap-
pointed; provided that no public weigher shall appoint deputies for any
place or places not situated in the city or justice precinct for which he
is elected or appointed. Said deputies shall also take the oath prescribed
116 TEXAS CIVIL FOKM BOOK.
by the Constitution, and may be required by their principals to give a
good and sufficient bond in the sum of $1,500, to be approved by said
principals, and conditioned for the faithful performance of their duties.
R. S. Art. 4311, as amended 1899 by 26th Leg., p. 265.
No. 166.
SHERIFF'S BOND.
The State of Texas, County of
Know all men by these presents, that we, , as principal,
and and , as sureties, are held and firmly
bound unto , Governor of the State of Texas, and his suc-
cessors in office, in the penal sum of dollars, for the payment of
which, well and truly to be made, we bind ourselves, our heirs, executors
and administrators, jointly and severally, by these presents.
Signed witE our hands and dated this .... day of , A. D. 19. .
Whereas, the above bounden has been elected to the office
of sheriff of the county of , in the State of Texas, at the gen-
eral election held therein on the .... day of , A. D. 19. . : Now
therefore the condition of the above obligation is such, that if the said
shall account for and pay over to the persons authorized
by law to receive the same, all fines, forfeitures and penalties that he
may collect for the use of the State, or any county within the State,
and that he will well and truly execute, and due return make, of all proc-
ess and precepts to him lawfully directed, and pay over all sums of
money collected by him by virtue of any such process or precept to the
persons to whom the same are due, or their lawful attorney ; and that he
will faithfully perform all such duties as may be required of him by law,
then this obligation to be null and void, otherwise to remain in full
force and effect.
In testimony whereof, witness our hands.
R. S. Art. 4892 (4516).
Said bond must be for such sum as may be directed by the commis-
sioners' court, not less than five nor more than thirty thousand dollars,
payable to the Governor and his successors in office. The oath of office
prescribed by the Constitution must be taken and subscribed by the
sheriff, which shall be indorsed on said bond.
The bond must be executed within twenty days after notice of election
or the office will become vacant.
R. S. Art. 4894 (4518).
TEXAS CIVIL FORM BOOK. 117
No. 167.
APPOINTMENT OF DEPUTY SHERIFF.
The State of Texas, County of
Know all men by these presents, that I, the undersigned, sheriff of
the county of , aforesaid, do hereby appoint
deputy sheriff in and for said county, with full power and authority to
perform all the acts and duties required of me as sheriff aforesaid.
In witness whereof I have hereunto set my hand this .... day of
, A. D. 19..
Sheriff of the County of
R. S. Art. 4896 (4520).
Every person so appointed shall, before he enters upon the duties of
his office, take and subscribe to the oath of office prescribed by the Con-
stitution, which shall be indorsed on his appointment, together with the
certificate of the officer administering the same.
No. 168.
DEPUTY SHERIFF'S BOND TO THE SHERIFF.
The State of Texas, County of
Know all men by these presents, that we, , as principal,
and and , as sureties, are held and firmly
bound unto , sheriff of the county of , in the sum
of dollars, to be paid to the said , ., his executors, ad-
ministrators or assigns, for which payment, well and truly to be made,
we bind ourselves, our heirs, executors and administrators, jointly and
severally, by these presents.
Signed with our hands and dated this .... day of , A. D. 19. .
Whereas, the above bounden has been appointed to the
office of deputy sheriff of the county of , in the State of Texas,
by the said as such sheriff : Now the condition of this obli-
gation is such, that if the above bounden shall well and
faithfully execute and discharge the duties of said office of deputy
sheriff, during his continuance therein without any deceit, fraud, delay,
neglect or oppression, and shall save harmless and indemnify the said
, his executors and administrators, from and against all
acts or doings, or neglect of duty of him, the said , as such
deputy sheriff, and pay off and discharge and save him harmless of and
from all judgments, penalties, fines, costs, charges and damages in any
action or proceeding that may be brought against the said
as such sheriff, by reason of any act or omission done, committed or suf-
fered by the said as such deputy sheriff; and will likewise
118 TEXAS CIVIL FORM BOOK.
pay and discharge and save the said harmless from any
costs and expenses he may incur or be put to in defending any action
or proceeding commenced against him as such sheriff, by reason of any
acts or doings or neglect of duty of him, the said , as such
deputy sheriff, whether such action or proceeding is rightfully brought
against the said as such sheriff, or not ; and that the said
will pay to the said , as such sheriff, his pro-
portion of the legal fees received by him, the said , at any
time as such deputy sheriff, as aforesaid; and also that the said
will, at the termination of his appointment as such deputy
sheriff, account to and with the said , his representatives,
assigns or duly authorized agent, for all moneys collected or received by
him as such deputy sheriff as aforesaid, including all legal fees for ser-
vices as such deputy sheriff; and will pay over all moneys collected by
him as aforesaid, and remaining in his hands, as well as the portion or
share of the legal fees received by him the said ., as such
deputy sheriff as aforesaid, then this obligation to be null and void,
otherwise to remain in full force and effect.
In testimony -whereof, witness our hands.
R. S. Art. 4897 (4521).
No. 169.
APPOINTMENT OF CLERK PRO TEMPORE.
vs No In Court of
County, Texas, .... day of , A. D. 19..
It appearing to the court that , the clerk of this court,
is a party to the above entitled cause, it is ordered by the court that
be and he is hereby appointed clerk pro tempore for the
purposes of said suit.
R. S. Arts. 1080, 1135.
The appointment may be made, by a district or county judge, either
in term time or in vacation, on application of any person interested, or
of his own motion.
Any person so appointed clerk pro tempore shall take the oath to
faithfully and impartially perform the duties of such appointment,' and
shall also enter into bond, payable to the State of Texas, with one or
more good and sufficient sureties,' in such amount as may be required by
the judge, to be approved by him, and conditioned for the faithful per-
formance of his duties under such appointment.
R. S. Arts. 1081, 1137.
TEXAS CIVIL FORM BOOK. 119
No. 170.
BOND OF CLERK PRO TEMPORE.
The State of Texas, County of
Know all men by these presents, that we, , as principal,
and and , as sureties, are held and firmly
bound unto the State of Texas in the penal sum of dollars, for the
payment of which, well and truly to be made, we bind ourselves, our
heirs, executors and administrators, jointly and severally, by these
presents.
Signed with our hands and dated this .... day of , A. D. 19. .
Whereas, the above bounden has been appointed clerk
pro tempore by the judge of the court of County,
Texas, in a cause pending in said court, in which is plain-
tiff and is defendant : Now therefore the condition of this
obligation is such, that if the said shall faithfully perform
his duties under such appointment, then this obligation shall be void,
otherwise to remain in full force and effect.
In testimony whereof, witness our hands.
R. S. Arts. 1081, 1137.
No. 171.
NOTARY PUBLIC BOND.
The State of Texas, County of
Know all men by these presents, that we, , as principal,
and and , as sureties, are held and firmly
bound unto , Governor of the State of Texas, and his suc-
cessors in office, in the sum of one thousand dollars, for the payment of
which, well and truly to be made, we bind ourselves, our heirs, executors
and administrators, jointly and severally, by these presents.
Signed with our hands and dated this .... day of , A. D. 19. .
The condition of the above obligation is such that, whereas, the above
bouuden was, on the .... day of , A. D. 19 . ., duly
appointed to the office of notary public in and for County, in
the State of Texas: N"ow therefore if the said shall faith-
fully perform and discharge all the duties required of him by law as
notary public aforesaid, then this obligation to be null and void, other-
wise to remain in full force and effect.
In testimony whereof, witness our hands.
R. S. Art. 3504.
120 TEXAS CIVIL FORM BOOK.
The notarial bond of a justice of the peace, instead of the words,
" duly appointed to the office of notary public," read, " has been elected
to the office of justice of the peace in precinct No and is ex officio
notary public."
Said justice of the peace shall also take and subscribe the oath of
office prescribed by the Constitution.
No. 172.
JUSTICE OF THE PEACE BOND.
The State of Texas, County of
Know all men by these presents, that we, , as principal,
and and , as sureties, are held and firmly
bound unto , county judge of the county of , in
the State of Texas, and his successors in office, in the sum of one
thousand dollars, for the payment of which, well and truly to be made,
we bind ourselves, our heirs, executors and administrators, jointly and
severally, by these presents.
Signed with our hands and dated this .... day of , A. D. 19. .
The condition of the above obligation is such that, whereas, the above
bounden was, on the .... day of , A. D. 19 . ., duly
elected to the office of justice of the peace in and for precinct No ,
in County, State of Texas : Now therefore if the said
shall faithfully and impartially discharge and perform all
the duties required of him by law as justice of the peace aforesaid, and
will promptly pay over to the party entitled to receive it, all moneys
that may come into his hands during his term of office, then this obliga-
tion to be void, otherwise to remain in full force and effect.
In testimony whereof, witness our hands.
R. S. Art. 1560 (1533).
This law shall apply to all justices of the peace appointed by the
Bounty commissioners' court. Each justice of the peace shall take the
oaih of office prescribed in the Constitution.
R. S- Art. 1564 (1535).
TEXAS CIVIL FORM BOOK. 121
No. 173.
COLLECTOR OF TAXES BOND.
The State of Texas, County of
Know all men by these presents, that we, , as principal,
and and , as sureties, are held and firmly
bound unto , Governor of the State of Texas, and his suc-
cessors in office, in the sum of dollars, for the payment of which,
well and truly to be made, we bind ourselves, our heirs, executors and
administrators, jointly and severally, by these presents.
Signed with our hands and dated this .... day of , A. D. 19. .
The condition of the above obligation is such that, whereas, the above
bounden was, on the .... day of , A. D. 19 . ., duly
elected to the office of collector of taxes in and for County, in
the State of Texas : Now therefore if the said shall faith-
fully perform and discharge all the duties required of him by law as
collector of taxes aforesaid, for and during the full term for which he
was elected, then this obligation .to be void, otherwise to remain in ful-
force and effect.
In testimony whereof, witness our hands.
R. S. Art. 5157 (4732).
Said bond shall be signed by at least three good and sufficient sureties,
to be approved by the commissioners' court of this county, subject to the
approval of the Comptroller, in a sum which shall be equal to the whole
amount of the State tax of the county as shown by the last preceding
assessment. The party making the bond shall also take and subscribe
the oath prescribed by the Constitution.
The collector of taxes shall also give a like bond, with like conditions,
to the county judge of his county, and his successors in office, in a sum
not less than the whole amount of the county tax of his county, as
shown by the last preceding assessment.
R. S. Art. 5159 (4734).
No. 174.
OATH OF PERSON RENDERING PROPERTY FOR TAXATION.
"I, . .^ (...., do solemnly swear (or affirm) that the above in-
ventory, rendered by me, contains a full, true and complete list of all
taxable property owned or held by me in my own name (or for
, as the case may be) in this county, subject to taxation
in this county, and personal property not in this county subject to
122 TEXAS CIVIL FORM BOOK.
taxation in this county, by the laws of this State, on the first day of
January, A. D. 19. ., and that I have true answers made to all questions
propounded to me touching the same, so help me God."
R. S. Art. 5098 (4702), 1895, amended by art. 5098, 25th Leg., p. 204.
No. 175.
AFFIDAVIT OF ASSESSOR VERIFYING HIS ROLLS OR ASSESSMENT
BOOKS.
The State of Texas, County of
1, , assessor of County, do solemnly swear that
the rolls (or books) to which this is attached contain a correct and full
list of all the real and personal property subject to taxation in
County, so far as I have been able to ascertain the same; that I have
sworn every person listing property to me in the county or caused the
same to be done in manner and form as provided by law, and that the
assessed value set down in the proper column opposite the several kinds
and descriptions of property is the true and correct valuation thereof as
ascertained by law, and that the footings of the several columns in said
books, and the tabular statement returned are correct, as I verily believe.
R. S. Art. 5130 (4721), 1895, amended by 25th Leg. (1897), art. 5130, p. 205.
No. 176.
BOND OF ASSESSOR.
The State of Texas, County of
Know all men by these presents, that we, , as principal,
and , and , as sureties, are held
and firmly bound unto , Governor of the State of Texas,
and his successors in office, in the sum of dollars, for the payment
of which, well and truly to be made, we bind ourselves, our heirs, execu-
tors and administrators, jointly and severally.
Whereas, the above bounden has been elected to the
office of assessor of taxes in and for the county aforesaid, at the general
election held therein on the . . . day of , A. D. 19. . : Now there-
fore the condition of this obligation is such that if the said
shall faithfully discharge all the duties of said office, then the above
obligation to be void, otherwise to remain in full force and effect.
Witness our hands this .... day of , A. D. 19. .
R. S. Art. 5091 (4695).
TEXAS CIVIL FORM BOOK. 123
Said bond shall be approved by the commissioners' court.
The assessor of taxes shall give a like bond with like conditions pay-
able to the county judge of County, and his successors in office.
R. S. Art. 5094 (4698).
No. 177.
THE OATH OF COUNTY CLERK OR DEPUTY ON RECEIVING ENVELOPE
CONTAINING THE NAMES OF PERSONS SELECTED BY THE
JURY COMMISSIONERS OF THE DISTRICT COURT
AS GRAND AND PETIT JURORS.
" You do solemnly swear that you will, to the best of your ability,
safely keep this envelope, and that you will neither open the same nor
allow it to be opened, except as provided by law ; and that you will cause
it to be delivered to the jury commissioners of the county court next
hereafter appointed in and for this county."
R. S. Art. 3166 (3038).
No. 178.
THE OATH OF DISTRICT CLERK OR DEPUTY ON RECEIVING ENVELOPE
CONTAINING THE NAMES OF PERSONS SELECTED BY THE JURY
COMMISSIONERS OF THE COUNTY COURT AS JURORS.
" You do solemnly swear that you will, to the best of your ability,
safely keep this envelope, and that you will neither open the same nor
allow it to be opened, except as provided by law, and that you will cau^e
it to be delivered to the jury commissioners of the district court next
hereafter appointed in and for this county."
R. S. Art. 3170 (3042).
No. 179.
OATH OF OFFICE.
(COUNTY COMMISSIONER AND COUNTY JUDGE.)
I, , do solemnly swear (or affirm) that I will faithfully
and impartially discharge and perform all the duties incumbent upon
me as according to the best of my skill and ability, agreeably to
the Constitution and laws of the United States and of this State; and 1
do further solemnly swear (or affirm) that, since the adoption of the
Constitution of this State, I, being a citizen of this State, have not
fought a duel with deadly weapons within this State nor out of it, nor
have 1 sent or accepted a challenge to fight a duel with deadly weapons,
nor have I acted as second in carrying a challenge, or aided, advised or
124 TEXAS CIVIL FORM BOOK.
assisted any person thus offending; and I furthermore solemnly swear
(or affirm) that I have not, directly or indirectly, paid, offered or prom-
ised to pay, contributed or promised to contribute, any money or val-
uable thing, or promised any public office or employment, as a reward
for the giving or withholding a vote at the election at which I was
elected (or, if the office is one of appointment, to secure my appoint-
ment), and I furthermore solemnly swear (or affirm) that I will not be,
directly or indirectly, interested in any contract with or claim against
the county, except such warrants as may issue to me as fees of office.
So help me God.
[Signed]
Sworn to and subscribed before me, at , this .... day of
, A. D. 19..
OATH OF OFFICE.
I, , do solemnly swear (or affirm) that I will faithfully
and impartially discharge and perform all the duties incumbent upon
me as according to the best of my skill and ability, agreeably
to the Constitution and laws of the United States and of this State; and
I do further solemnly swear (or affirm) that, since the adoption of the
Constitution of this State, I, being a citizen of this State, have not
fought a duel with deadly weapons within this State nor out of it, nor
have I sent or accepted a challenge to fight a duel with deadly weapons,
nor have I acted as second in carrying a challenge, or aided, advised or
assisted any person thus offending; and I furthermore solemnly swear
(or affirm) that I have not, directly or indirectly, paid, offered or prom-
ised to pay, contributed or promised to contribute, any money or val-
uable thing, or promised any public office or employment, as a reward
for the giving or withholding a vote at the election at which I was
elected. So help me God.
Sworn to and subscribed before me, at , this .... day of
The State of Texas, County of
The foregoing bond of as in and for
County and State of Texas, this day approved in open commissioners'
court.
County Judge ........ County.
Dated 19..
Attest: . ... Clerk County Court . . Countv.
TEXAS Ci\7iL FORM BOOK. 125
The State of Texas, County of
I, , county clerk in and for said county, do hereby cer-
tify that the foregoing bond, dated the .... day of , 19. ., with its
certificates of authentication, was filed for record in my office the ....
day of , 19. .„ at ... o'clock . . m., and duly recorded the . . .
day of , 19. ., at . . . o'clock . .m., in the records of official bonds
of said county, in Vol on page ....
Witness my hand and the seal of the County Court of said county, at
office in , Texas, the day and year last above written.
Clerk County Court County,
By , Deputy,
No. 180.
OATH OF JURY IN COUNTY AND DISTRICT COURT IN CIVIL CASES.
" You, and each of you, do solemnly swear that in all cases between
parties which shall be to you submitted, you will a true verdict render,
according to the law, as it may be given you in charge by the court, and
to the evidence submitted to you under the rulings of the court, so help
you God."
R. S. Art. 3227 (3099).
« » •
•
No. 181.
OATH OF JURY COMMISSIONERS FOR DISTRICT COURT.
"You do swear faithfully to discharge the duties required of you as
jury commissioners; that you will not knowingly elect any man as a
juryman whom you believe to be unfit and not qualified; that you will
not make known to anyone the name of any juryman selected by you
and reported to the court; that you will not, directly or indirectly, con-
verse with anyone selected by you as a juryman concerning the merits
of any case to be tried at the next term of this court until after said
cause may be tried or continued, or the jury discharged."
R. S. Art. 3149 (3021).
No. 182.
OATH OF JURY COMMISSIONERS FOR COUNTY COURT.
" You do solemnly swear faithfully to discharge the duties required
of you as jury commissioners; that you will not knowingly elect any
man as a juryman whom you believe to be unfit and not qualified; that
you will not make known to anyone the name of any juryman selected"
by you and reported to the court ; that you will not, directly or indirectly,
communicate with anyone selected by you as a juryman concerning the
merits of any case to be tried by this court within the next six months,
until said cause shall have been tried or otherwise disposed of."
R. S. Art. 3156 (3028).
126 TEXAS CIVIL FORM BOOK.
No. 183.
OATH OF CLERK OF COURT AND EACH OF HIS DEPUTIES NOT TO OPEN
JURY LISTS.
"You do solemnly swear that you will not open the jury lists now
delivered to you, nor permit them to be opened until the time prescribed
by law; that you will not, directly nor indirectly, converse or communi-
cate with anyone selected as a juror concerning any case pending for
trial in this court at its next term," if in the district court; or if in the
county court, " within the next six months."
R. S. Art. 3163 (3035).
If for any reason such oath should not be administered to any of the
deputies, or should the clerk subsequently appoint a deputy, the clerk
shall administer to such deputy a like oath.
R. S. Art. 3164 (3036).
No. 184.
CERTIFICATE OF DEPUTATION.
The State of Texas, County of
I, , county clerk of said county and State, do hereby cer-
tify that \ms, on the .... day of , A. D. 19. ., ap-
pointed deputy by of said county, and has qualified as the
law directs, and that his official acts as such deputy are entitled to full
faith and credit.
Given under my hand and seal of office at , Texas, this ....
day of , A. D. 19..
Clerk County Court County, Texas.
By , Deputy.
CERTIORARI.
1. Certiorari to the County Court. R. S. Arts. 332-340 (290-298).
2. Certiorari to Justice's Court. R. S. Arts. 341-360 (299-318).
No. 185.
APPLICATION FOR CERTIORARI TO THE COUNTY COURT.
The State of Texas, County of In District Court of
County, Texas, Term, A. D. 19. ., in Probate.
To the Honorable , Judge of said Court :
Now comes your petitioner , a resident citizen of
County, Texas, complaining of , who resides in
TEXAS CIVIL FORM BOOK. 127
County, State of Texas, and respectfully represents to the
court: that heretofore, to wit, on the .... day of , A. D. 19. .,
petitioner was duly appointed by the County Court of County,
Texas, administrator of the estate of , deceased, and on the
same day duly qualified and received letters of administration; that ad-
ministration on said estate is now open and pending in said court. That
heretofore, to wit, on the .... day of , A. D. 19. ., the defendant
, representing himself to be the guardian of ,
the only child and heir at law of said , deceased, filed in
said court his complaint against this plaintiff for neglecting to present
his final account, and to cause this petitioner to be cited to present such
account on or before the .... day of , A. D. 19 . .
That in obedience to said citation, your petitioner did make out his
account for final settlement, and verify the same by his affidavit, and
did, on or about the .... day of , A. D. 19 . ., file said account and
vouchers in said court.
That , an attorney of said court, was then retained by
your petitioner to appear in said court and represent him on the hear-
ing of said complaint, and to represent him in all matters pertaining
to the administration of said estate and pending in said court.
That your petitioner, relying upon his said attorney to appear for
and represent him, was called away from his home to attend to impor-
tant business in County, Texas, and was necessarily absent from
saicl court during the entire term, commencing on the .... day of ,
A. D. 19..
That said , his attorney as aforesaid, was necessarily ab-
sent from said court on account of severe sickness in his family, and
that your petitioner was not represented on the hearing of said cause.
That at said term of the court, to wit, on the .... day of , A. D.
19. ., said complaint came on to be heard, and said court proceeded to
restate said account, and rejected the following items of credit therein
stated, to wit: (here mention the errors complained of). And
thereupon entered judgment, requiring this petitioner to pay over to
the defendant guardian as aforesaid the sum of dollars. Plaintiff
says that each and all of the items above stated were and are just and
legal charges against the estate of said minor, and ought to have been
allowed on said settlement, and the judgment rendered as aforesaid is
erroneous and unjust.
Wherefore your petitioner prays for a writ of certiorari, commanding
the proper officer of County to cite the clerk of the county
court of said county to make out a certified transcript of the proceed-
ings had in the estate of . . . , deceased, in the matter of the
final settlement of the account of your petitioner, administrator as afore-
said, transmit the same to this court, on or before the return day of
the next term thereof; that the defendant be cited to answer this peti-
tion; that said cause be tried de novo, and that your petitioner have
]28 TEXAS CIVIL FORM BOOK.
judgment re-establishing said several items of credit as just and legal
credits on said account, and for general and equitable relief, and for
all costs of suit.
R. S. Art. 333 (291).
FORM OF ORDER OF JUDGE.
(See No. 188.)
FORM OF BOND FOR COSTS.
vs No. 3. In the Court of
County, Texas.
Know all men by these presents, that we, , as principal,
and - . . and , as sureties, do hereby acknowledge
ourselves bound to pay the sum of dollars, condi-
tioned that the said , plaintiff in the above entitled suit,
will pay all costs that may be adjudged against him in said suit during
the pendency or at the final determination thereof, and judgment for
said costs may be rendered against us.
Witness our hands this .... day of , A. D. 19. .
R. S. Art. 334 (292).
FORM OF BOND IN CERTIORABI.
The State of Texas, County of Estate of . . .,
Deceased.
Whereas, in a certain proceeding in the County Court of
County, Texas, sitting in a matter of probate at the term, A. D.
19. ., the following judgment was rendered, to wit, ., (here set
out the judgment) ; And whereas, has obtained from the
District Court of County a writ of certiorari to said county
court to remove said cause to our said district court in and for said
county, and the amount of bond to be given has been fixed by said
district court at dollars : Now therefore we, , as
principal, and and , as sureties, acknowledge
ourselves bound to pay (the adverse party) the sum of
dollars, conditioned that the said will perform the
judgment of the District Court of County in case said judg-
ment shall be against him, the said
Witness our hands this .... day of , A. D. 19. .
R. S. Art. 335 (293).
TEXAS CIVIL FORM BOOK. 129
No. 186.
APPLICATION FOR CERTIORARI TO JUSTICE OF THE PEACE.
The State of Texas, County of In County Court of
County, Term, A. D. 19.
To the Honorable , Judge of said Court:
Now comes your petitioner , a resident citizen of
County, Texas complaining of , who resides in
County, Texas, and respectfully represents to the court that
heretofore, to wit, on the .... day of , A. D. 19. ., before one
, a justice of the peace of said county, for precinct No.
. . . ., defendant , in a certain suit wherein said defendant
was plaintiff and your petitioner was defendant, recovered a judgment
against your petitioner, and in favor of the said , for the
sum of dollars and costs of suit, which amount to the sum of
dollars; that on the .... day of , A. D. 19. ., the said
(justice of the peace) issued against your petitioner an
execution upon said judgment, which is now in the hands of one
, sheriff (or constable, as the case may be) of said
Bounty, who is threatening to levy the same upon the property of your
petitioner.
Your petitioner further represents that said judgment is null and
void in this, that no writ or citation in the suit in which said judgment
was rendered was ever served upon petitioner and he never accepted
service nor entered his appearance therein, and had no notice of the
pendency of said suit until after the rendition of said judgment; that
he has a just and legal defense to said suit, which hy the illegal action
of said justice he has been precluded from setting up in this:
That said suit was brought against this petitioner as defendant upon
fl certain promissory note, bearing date of the .... day of , A. D.
19.., executed by your petitioner to this defendant, for the sum of
dollars, payable on the .... day of , A. D. 19 . . That at
the maturity of said note the amount due thereon was paid by this
petitioner to this defendant, who then and there, in consideration thereof,
promised this plaintiff to cancel and destroy said note, but defendant,
in violation of his said promise, did not cancel or destroy said note, and
took judgment on the same as aforesaid.
Your petitioner now says, that by reason of the premises said note
upon which said suit is based had been fully paid off and discharged,
and this defendant had and has no cause of action against this petitioner.
Wherefore, your petitioner prays for a writ of certiorari, commanding
the said (justice of the peace) to transmit to the county
court of said county, at the next term thereof, a certified copy of the
entries upon his docket, together with the original papers of said cause,
and that all further proceedings under said judgment and execution be
superseded and stayed until the further order of this court; that de-
Form Book — 9.
130 TEXAS CIVIL FORM BOOK.
fendant be cited to answer this petition; that said judgment be set
aside, and a new trial be granted in this court, and for such other and
further relief, special and general, in law and in equity, that he may
be justly entitled to, and for costs of suit.
R. S. Art. 345 (303).
, being duly sworn, says that the matters set forth in
the foregoing petition are true.
Sworn to and subscribed before me, this the .... day of , A. D.
19..
Clerk County Court, County.
R. S. Art. 344 (302).
No. 187.
APPLICATION FOR CERTIORARI TO JUSTICE OF THE PEACE.
The State of Texas, County of In County Court of . . . .
County, Texas, Term, A. D. 19. .
To the Honorable , Judge of said Court:
Now comes your petitioner , a resident citizen of
County, Texas, complaining of , who resides in
County, Texas, and respectfully represents to the court that
heretofore, to wit, on the .... day of , A. D. 19. ., your petitioner
as plaintiff instituted a suit against the defendant upon a
certain promissory note executed by defendant to this plaintiff, for the
sum of dollars, dated on the .... day of , A. D. 19 . ., and
due and payable on the .... day of , A. D. 19. ., with legal inter-
est from date, before one , a justice of the peace for pre-
cinct No , in and for said county of ; that afterward, on the
.... day of , A. D. 19. ., being a regular term of said court, a
trial was had in said cause; that defendant on said trial, in defense of
said cause of action, pleaded a failure of consideration in this, that said
note was executed by said defendant, in consideration of a certain cow
sold by plaintiff to defendant, and at the time of said sale warranted
by plaintiff to be sound, and was in fact unsound, and no other defense
was pleaded or relied on ; that on the trial of said cause a witness testi-
fied that said note was executed in consideration of the sale of a cow as
above stated, and that said cow soon after said sale sickened and died
. • (here state any additional evidence), and no other evidence
whatever was offered or heard upon said trial; that upon the trial afore-
TEXAS CIVIL FORM BOOK. 131
said and upon the above recited evidence, said justice rendered a judg-
ment in favor of the defendant, and for costs of suit, which your peti-
tioner charges to be erroneous, unjust and contrary to equity.
Your petitioner now says that he is entitled to recover of defendant
upon said note upon which said suit is based and defendant has no legal
or equitable defense thereto.
Wherefore, your petitioner prays for a writ of certiorari to the said
, Esq., and for a citation to the said , and
for such other and further proceedings herein as the law directs.
, being duly sworn, says that the matters set forth in
the foregoing petition are true.
Clerk of County Court, County, Texas.
R. S. Art. 345 (303).
After final judgment in a court of a justice of the peace, in any cause,
except in cases of forcible entry and detainer, said cause may be removed
to the county court by certiorari.
R. S. Art. 341 (299).
Application for certiorari must show, that either the justice of the
peace had not jurisdiction, or that injustice was done to the applicant,
and that such injustice was not caused by his own inexcusable neglect.
R. S. Art. 345 (303).
Writ cannot be granted after ninety days from the final judgment of
justice of the peace.
R. S. Art. 346 (304).
No. 188.
ORDER OF JUDGE.
The State of Texas, County of In the County Court of
County, Texas.
The within petition having been presented to me in open court (or to
me in chambers), and having been read and fully understood, it is or-
dered that a writ of certiorari do issue according to law, and pursuant
to the prayer of the petition, upon the execution of a bond by the peti-
tioner in the sum of dollars.
Judge of County Court, County.
R. S. Art. 342 (300).
13? TEXAS CIVIL FORM BOOK.
No. 189.
BOND FOR CERTIORARI TO JUSTICE COURT.
The State of Texas, County of
Whereas, on the .... day of , A. D. 19 . ., recov-
ered in the justice court for precinct No , in said county, a judg-
ment against for the sum of dollars, and the said
has obtained from the County Court of County a
writ of certiorari to said justice court to remove said cause to our said
county court in and for said county : Now therefore we,
as principal, and and , as sureties, acknowl-
edge ourselves bound to pay to said . . .*. the sum of .... dol-
lars (the amount directed by the order), conditioned that the said
will perform the judgment of the county court, if the
same shall be against him.
Witness our hands this .... day of , A. D. 19. .
Approved this .... day of , A. D. 19. .
Cerk of County Court, County, Texas.
R. S. Art. 347 (305).
Bond shall be signed by two or more good and sufficient sureties, ap-
proved by the clerk, payable to the adverse party, in such sum as the
judge shall direct.
The bond and affidavit, with the order of the judge, when made in
vacation, shall be filed with the clerk of the court to which the same is
returnable.
R. S. Art. 348 (306).
• » •
No. 190.
WRIT OF CERTIORARI TO JUSTICE COURT.
The State of Texas. To the Sheriff or any Constable of County
— Greeting :
Whereas, on the .... day of , A. D. 19 . ., recov-
ered in the justice court for precinct No , in said county of ,
a judgment against for the sum of dollars and costs
of suit; and whereas the said has obtained from the honor-
able , judge of the county court of County, an or-
der for a writ of certiorari to remove said cause to the county court of
said county, the said having given bond as required by law
and the order of the judge:
TEXAS CIVIL FORM BOOK. 133
You will therefore serve , Esq., who is the justice of said
precinct, with a copy of this writ, whereby he is commanded to make
and certify a copy of the entries in the cause on his docket, and trans-
mit the same, with the papers of said cause in his possession, together
with a certified copy of the bill of costs taken from his fee book, to the
county court of County, on or before the first day of the next
term thereof, to be holden within and for the county of , at the
courthouse in , on the .... Monday in .... next, being the . . .
day of , A. D. 19. .
Herein, fail not, but have you then and there before said court this
writ, with your return thereon, showing how you have executed the same.
Witness . , clerk of the county court of ........ County.
Given under my hand and the seal of said court, at office in the town
of , this day of , A. D. 19. .
Clerk of County Court, County.
Issued this .... day of , A. D. 19. .
Clerk of County Court, Count?.
R. S. Art. 343 (301).
OFFICER'S RETURN ON WRIT.
Came to hand this the .... day of- , A. D. 19. ., at . . . . o'clock
. . . m., and executed on the same day at . . o'clock . . . m., by deliver-
ing a true copy of this writ to the within named , justice
of the peace of said precinct No , in said county of , at
, in County, Texas. The distance actually traveled iu
the execution of such process is .... miles.
Sheriff of County, Texa.=.
The statute does not make any special provision as to the mode of
service of the writ.
The justice of the peace, as soon as he is served with said writ, shall
stay further proceedings on the judgment and forthwith comply with
said writ; but if there be not time for the transcript and papers to be
filed at such first term, then they shall be so filed at the next succeed-
ing term of said court.
R. S. Art. 350 (308).
Whenever a writ of certiorari has been issued the clerk shall forthwith
issue a citation, as in ordinary cases, for the party adversely interested.
R. S. Art. 351 (309).
The action shall be docketed in the name of the original plaintiff as
plaintiff, and of the original defendant as defendant.
R. S. Art. 352 (310).
134 TEXAS CIVIL FOEM BOOK.
No. 191.
FORM OF CHARTER.
The State of Texas, County of
Know all men by these presents, that we, the subscribers, citizens of
the said county of , and State of Texas, under the provisions of
the Kevised Statutes of the State of Texas, do hereby form and incor-
porate ourselves into a voluntary association for the purpose of
(here state the purpose for which said corporation is formed), and to
that end we hereby adopt and subscribe the following
CHARTER.
Article 1. This association shall be known as the (here state
the name), by which name it shall contract and be contracted with, sue
and be sued, and transact all of its business.
Art. 2. This association is formed for the purpose of (here
state the purpose for which said corporation is formed).
Art. 3. The place of business of the association shall be the city of
, County, Texas, which shall be its principal office.
Art. 4. Said association shall exist for the term of years, and
at the end of said term this charter may be continued by a majority
vote of the stockholders.
Art. 5. The business of the association shall be transacted by
directors, who shall be elected by the stockholders annually on the ....
day of The following named stockholders are hereby declared to
be directors for the first year, to wit : , residence ,
Texas; , residence , Texas; , resi-
dence , Texas, etc.
Art. 6. The capital stock of the association shall be dollars,
to be divided into shares. But said capital stock may be in-
creased to dollars by a vote of the majority of the stockholders.
In testimony whereof, witness our signatures this the .... da)r of
, A. D. 19..
R. S. Art. 643 (507).
The charter of a bridge or ferry company shall also state the stream
intended to be crossed by the bridge or ferry. The charter of a road
company shall also state, first, the kind of a road intended to be con-
structed; second, the places from and to which the road is intended to
be run; third, the counties through which it is intended to be run;
fourth, the estimated length of the road.
The charter of an intended corporation must be subscribed by three
or more persons, two of whom at least must be citizens of this State,
and must be acknowledged by them before an officer duly authorized
to take acknowledgment of deeds; provided, etc.
Arts. 641 and 642, R. S. (1895), amended by 25th Leg., 1897, p. 188 Oil, eas
salt, etc., companies, see 26th Leg., 1899, p. 202.
TEXAS CIVIL FORM BOOK. 135
CITATION FOR PERSONAL SERVICE.
No. 192.
CITATIONS— COUNTY AND DISTRICT COURTS.
R. S. Arts. 1212-1245 (1213-1245).
The State of Texas. To the Sheriff or any Constable of
County — Greeting :
You are hereby commanded to summons to appear at
the next regular term of the court of County, to be
held at the courthouse thereof, in the of , on the ....
Monday in , A. D. 19. ., being the . . . day of , A. D. 19. .,
then and there to answer a petition filed in said court on the .... day
of , A. D. 19. ., in a suit numbered .... on the docket thereof,
wherein is plaintiff and is defendant, the
nature of plaintiff's demand being as follows: (Here state
briefly, but correctly and substantially, the nature of the demand.)
(If the writ is to be served without the county in which the suit is
pending, then add : And you will also deliver to the said
(or the said and each) the accompanying certi-
fied copy of plaintiff's petition.)
Herein fail not, but have you before said court, on the said first day
of the next term thereof, this writ, with your return thereon, showing
how you have executed the same.
Witness , clerk of the court of County.
Given under my hand and the seal of said court, at office in the
of , this the day of , A. D. 19 . .
Clerk of Court of County.
R. S. Art. 1214 (1215).
If there be several defendants, residing in different counties, one cita-
tion shall issue to each of such counties.
R. S. Art. 1213 (1214).
Certified copy of plaintiff's petition shall accompany the citation, when
served without the county in which the suit is pending.
R. S. Art. 1215 (1216).
In an alias citation the commencement is*: " You are hereby com-
manded, as before, that you summon," etc. An alias pluries citation
commences: "You are hereby commanded, as oftentimes before, that
you summon," etc.
R. S. Art. 1227 (1227).
136 TEXAS CIVIL FORM BOOK.
No. 193.
SHERIFF'S INDORSEMENT AND RETURN.
Came to hand on the day of , A. D. 19 . ., at o'clock
... m., and executed within the said county of , at ,
Texas, on the day of , 19 . . , at ... o'clock . . m., by deliver-
ing to the within named , in person, or to the within
named and each in person), a true copy of
this citation. (If served without the county in which the suit is pend-
ing, then add : And I also delivered to said , in person
(or to said and , each in person), a certified
copy of plaintiff's petition.) The distance actually traveled in the exe-
cution of such process is .... miles.
Sheriff of County.
By , Deputy.
R. S. Art. 1225 (1225). 28th Leg., Reg. Ses., p. 6681.
The above form of citation can be varied where the suit is by or
against one or more in a particular character or capacity or corporation.
Thus if the action be against a partnership and in favor of the plaintiff,
as executor, say : " You are hereby commanded to summon
and , partners, to appear, etc., to answer the petition of
, executor of the last will and testament of ,
deceased, filed," etc.
Of administrator: " To answer the petition of , admin-
i?trator of the estate of , deceased, filed," etc.
Of a surviving partner : " To answer the petition of ,
survivor of and , partners."
Of husband and wife against a domestic corporation : " You are hereby
commanded to summon the company, of which is
president (here name the president, treasurer, secretary, or the local
agent who represents the company in the county in which the suit is
pending) to appear, etc., to answer the petition of and
, his wife, filed," etc.
Citation against a city : " You are hereby commanded to summon the
city of , of which is mayor " (or name the clerk,
secretary or treasurer), etc.
R. S. Arts. 1221-1224 (1222-1224).
In suits against any county the citation shall be served on the county
judge of such county.
R. S. Art. 1220 (1221).
The writ must cite the company, not the officer or agent.
TEXAS CIVIL FORM BOOK. 137
No. 194.
CITATION IN JUSTICE COURT.
The State of Texas. To the Sheriff or any Constable of
County — Greeting :
You are hereby commanded that you summon to ap-
pear before me, at a regular term of the justice's court for precinct
No , in said county of , to be held at my office in the town
of . , in the county aforesaid, on the .... day of , A. D.
19. ., to answer the suit of , plaintiff, against ,
defendant, being numbered No on the docket of said court, and
filed on the .... day of , A. 1). 19. ., the nature of plaintiff's
demand being in substance as follows: (here state briefly, but
correctly and substantially, the nature of the plaintiff's demand). (If
upon a promissory note then add : Being for the sum of dollars,
due upon a promissory note for dollars, executed by the said
to said on the .... day of , A. D.
19. ., and due on the .... day of , A. D. 19. ., with interest
thereon from date at the rate of .... per cent per annum, and providing
for ten per cent additional on both principal and interest due thereon, in
case of suit or if placed in the hands of an attorney for collection.)
Herein fail not, and of this writ make due return to the next regular
term of the justice court for precinct No , in said county of
to be held on the .... day of , A. I). 19 . .
Given under my hand this .... day of , A. D. 19. .
Justice of the Peace, Precinct No . . . ., ........ County.
Issued on the .... day of ...... , A. D. 19 . .
.... ............ ,
R. S. Art. 1600 (1570).
No. 195.
NOTICE TO SERVE NONRESIDENT DEFENDANT.
The State of Texas. To ............ (name of defendant) — Greeting :
Whereas, ........... (name of plaintiff here), of ........ , County
of ........ , State of Texas, did on the .... day of ...... , 19. ., file in
the ........ court of ........ County, State of Texas, his petition in
suit No ..... on the civil docket of said court, being suit brought by
the said ............ as plaintiff, against ............ as defendant,
and the nature of the plaintiff's demand as stated in the said petition
being substantially as follows, to wit: ........ (here state the nature
of plaintiff's demand).
And whereas, the said petition will be heard by the said ....... court
of ........ County, at ........ , Texas, on the .... Monday in .......
19. ., being the .... day of ...... , 19. .
J38 TEXAS CIVIL FORM BOOK.
These are therefore to require you to appear at the time and place
above stated, and answer said plaintiff's petition; of which said petition
a certified copy accompanies this notice.
Attest: , Clerk of the Court in and for
County, State of Texas.
Given under my hand and seal of said court, at office in ,
Texas, this day of , A. D. 19 . .
Clerk, Court, County, Texas.
By , Deputy.
R. S. Art. 1230 (1230).
A certified copy of plaintiff's petition shall accompany above notice.
No. 196.
RETURN OF SUCH SERVICE.
State of -. . ., County of
Personally appeared before me, the undersigned authority,
, who, being by me duly sworn, deposes and says, that
on the .... day of , A. D. 19 . . , at .... o'clock . . m., in
County of , State of , he delivered to
, the defendant in person, a true copy of this notice, with
a certified copy of the plaintiff's petition accompanying same; and
further, that he is an adult male, and is in no manner interested in this
suit.
Sworn to and subscribed before me, this the .... day of
A. D. 19..
R. 8. Art. 1233 (1233).
Such notice may be served by any disinterested person competent to
make oath of the fact.
R. S. Art. 1231 (1231).
Service in such cases shall be made by the person executing the same
delivering to the defendant in person a true copy of such notice, together
with the certified copy of the plaintiff's petition accompanying the same.
R. S. Art. 1232 (1232).
TEXAS CIVIL FORM BOOK. 139
CITATION BY PUBLICATION.
No. 197.
AFFIDAVIT FOR CITATION BY PUBLICATION.
vs No. 3. In the Court,
County.
, plaintiff in the above entitled cause, being duly sworn,
says that , defendant therein, is a nonresident of this
State (or that he is absent from this State, or that he is a transient per-
son, or that his residence is unknown to this affiant).
Wherefore he prays that a citation be issued for service by publication.
Sworn to and subscribed before me, this the .... day of
A. D. 19..
Clerk of Court, County.
R. S. Art. 1235 (1236).
As to affidavit and service by publication against a life or health in-
surance company, see
R. S. Arts. 3064-3070 (2946-2952).
/
In a suit for the partition of land, where defendant is unknown, see
R. S. Art. 3609.
No. 198.
CITATION BY PUBLICATION.
The State of Texas. To the Sheriff or any Constable of
County — Greeting :
You are hereby commanded to summon by making pub-
lication of this citation once in each week for four successive weeks pre-
vious to the return day hereof, in some newspaper published in your
county, if there be a newspaper published therein, but if not, then in
any newspaper published in the judicial district; but if there
be no newspaper published in said judicial district, then in a newspaper
published in the nearest district to said , to appear at the
next regular term of the Court of Count)7, to be
holden at the courthouse thereof in , on the .... Monday in
, 19. ., the same being the .... day of , 19. ., then anc!
there to answer a petition filed in said court on the .... day of ,
19 . . , in a suit, numbered on the docket of said court No , wherein
is plaintiff and is defendant, said petition
alleging (here give a brief statement of the nature of the
plaintiff's demand).
140 TEXAS CIVIL FORM BOOK.
Herein fail not, but have before said court on the said first day of
the next term thereof, this writ, with your return thereon, showing how
you have executed the same.
Witness •...., Clerk of the Court of
County.
Given under my hand and the seal of said court, in the of
, this the day of , A. D. 19 . .
(Seal.)
Clerk of Court of County.
Issued this .... day of , A. D. 19. .
Clerk of Court of County.
R. S. Art. 1235 (1235). See also R. S. Arts. 1504b, 3070.
No. 199.
SHERIFF'S RETURN.
Came to hand on the .... day of , 19 . ., at .... o'clock . . m.,
and I executed the within citation at , in County,
Texas, by publishing the same in the , a newspaper pub-
lished in the county of (or a newspaper published in the
county of , in the nearest judicial district in which a news-
paper is published, there being no newspaper published in the said
judicial district), once in each week for four successive weeks
(or eight successive weeks, as the case may be) previous to the return
day thereof, said publication having been made respectively on the ,
. . . ., .... and .... days of , A. D. 19. ., and a printed copy
thereof is returned herewith. The distance actually traveled in the ex-
ecution of such process is .... miles.
Sheriff of County.
By , Deputy.
FEES — Serving citation $ ....
Mileage .... miles $ ....
Total $
R. S. Art. 1238 (1238).
The return of the officer executing such citation shall be accompanied
by a printed -copy of such publication, and shall be signed by him
officially.
TEXAS CIVIL FORM BOOK. 141
JUSTICE'S CERTIFICATE AND AFFIDAVIT OF A PERSON DEPUTED TO
SERVE PROCESS.
I hereby certify that I have deputed to execute this writ,
this being a case of emergency, this .... day of , A. D. 19 ..
Justice of the Peace, Precinct No , County.
I, , do solemnly swear to execute this writ according to
law, so help me God.
Sworn to and subscribed before me, this .... day of , A. D.
19..
Justice of the Peace, Precinct No. ....-, County.
R. S. Art. 1601 (1571).
No. 200.
AFFIDAVIT FOR CITATION TO UNKNOWN HEIRS .
vs. Heirs of No
(or , the agent, or the attorney, of
, as the case may be), plaintiff in the above entitled cause,
being duly sworn, says that the names of -the heirs of ,
deceased, parties to said suit, are unknown to affiant.
Wherefore he prays that citation may issue for service by publication
Sworn to and subscribed before me, this the .... day of
A. D. 19..
Clerk of Court, County.
R. S* Art. 1236 (1236).
No. 201.
CITATION FOR UNKNOWN HEIRS.
The State of Texas. To the Sheriff or any Constable of
County — Greeting :
You are hereby commanded to summon the heirs of ,....,
deceased, whose names are unknown, to appear at the next regular term
of the Court of County, to be held at the courthouse
thereof, in the of , on the .... Monday in ,
142 TEXAS CIVIL FORM BOOK.
19. ., being the .... day of , A. D. 19. ., then and there to
answer a petition filed in said court on the .... day of , 19. ., in
a cause numbered . . . ., wherein is plaintiff and the un-
known heirs of are defendants, the cause of action being
alleged as follows : (here give a brief statement of the cause
of action).
You are further commanded to serve this citation by publishing the
same once in each week for eight successive weeks previous to the return
day hereof, in a newspaper published in your county; but if no news-
paper is published in said county, then in the nearest county where a
newspaper is published.
Herein fail not, but have you before said court, on the said first day
of the next term thereof, this writ, with your return thereon, showing
how you have executed the same.
Witness , Clerk of the Court of
County.
Given under my hand and the seal of said court, in the of
, this the . ... day of , A. D. 19 . .
Clerk of Court of County.
Issued this the day of , A. D. 19 . .
Clerk of Court of County.
R. S. Art. 1236 (1236).
Citation for unknown heirs shall be published once in each week for
eight successive weeks previous to the return day of such citation. It
shall contain the same requisites as other writs.
R. S. Arts. 1346-3609.
Attorney for defendant must be appointed in all cases by publication.
R. S. Arts. 1346-3609.
The appearance day in such cases is the appearance day of the term
next succeeding that to which such citation is returnable.
R. S. Art. 1264 (1264).
No. 202.
APPLICATION FOR CONTINUANCE— ABSENT TESTIMONY.
vs ]STo In the Court of
County, Texas, Term, A. D. 19 ..
Now comes , plaintiff in the above entitled and num-
bered cause, and, being duly sworn, states that he cannot safely go to
trial at this term of court, on account of the absence of ,
TEXAS CIVIL FORM BOOK. 143
who is a witness on behalf of -the plaintiff ; that the testimony of said
witness is material (here show the materiality) ; that he has
used due diligence to procure the testimony of said witness
(here state such diligence used, and the cause of failure, if known) ;
that the testimony which said witness would give, if present, cannot
be obtained from any other source; that said witness resides in
County. Texas, and affiant expects to prove by said witness that (here
state what is expected to be proved by said witness); and that a con-
tinuance is not sought for delay only, but that justice may be done; that
this is plaintiff's .... application for continuance.
Wherefore plaintiff prays the court to continue this cause to the next
term of court.
Sworn to and subscribed before me, this the .... day of
A. D. 19..
Clerk of Court, County, Texas.
R. S. 1278, amended by 25th Leg., Reg. Ses. (1897), p. 117.
First application for continuance, it shall not be necessary to show
that the absent testimony cannot be procured from any other source.
DEEDS.
No. 203.
WARRANTY DEED, WITH SINGLE ACKNOWLEDGMENT.
R. S. Arts. 624-637 (548-561).
The State of Texas, County of
Know all men by these presents, that I, (or, I,
, joined by my wife , or husband, as the case
may be, or we, and , husband and wife, as
the case may be), of the county , State of Texas, for and in con-
sideration of the sum of dollars, to in hand paid by
, the receipt of which is hereby acknowledged and con-
fessed, have granted, sold and conveyed, and by these presents do grant,
sell and convey, unto the said of the county of ,
^Ute of , all that certain (here describe the property).
To have and to hold the above described premises, together with all
and singular the rights and appurtenances thereto in anywise belonging,
unto the said , his heirs and assigns forever; and we do
hereby bind ourselves, our heirs, executors and administrators, to war-
rant and forever defend, all and singiilar the said premises unto the said
144 TEXAS CIVIL FORM BOOK.
f his heirs and assigns, against every person whomsoever
lawfully claiming, or to claim the same, or any part thereof.
Witness .... hand, at , this .... day of , A. D. 19. .
Witnesses at request of grantor:
R. S. Art. 628 (552).
No. 204.
SINGLE ACKNOWLEDGMENT.
The State of Texas, County of
Before me, , in and for said county and State, on this
day personally appeared , known to me (or proved to me
on the oath of ) to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that he executed
the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this .... day of ,
A. D. 19..
(Seal.)
See R. S. Art. 4620 (4312).
No. 205.
ACKNOWLEDGMENT BY A MARRIED WOMAN.
The State of Texas, County of
Before me, , in and for said county and
State, on this day personally appeared , wife of
, known to me to be the person whose name is subscribed
to the foregoing instrument, and having been examined by me privily
and apart from her husband, and having the same fully explained to
her she, the said , acknowledged such instrument to be her
act and deed, and declared that she had willingly signed the same for
the purposes and consideration therein expressed, and that she did not
wish to retract it.
Given under mv hand and seal of office this . . day of .
A. D. 19..
See R. S. Art. 4621 (4313).
TEXAS CIVIL FORM BOOK. 145
No. 206.
CERTIFICATE OF COUNTY CLERK.
The State of Texas, County of
1, , county clerk of said county, do hereby certify that
the foregoing instrument of writing, together with its certificates of au-
thentication, was filed for record in my office the .... day of ,
A. D. 19. ., at .... o'clock . . m., and duly recorded on the .... day
of , A. D. 19. ., in the deed records of said county, in volume
, on page
Witness my hand and official seal, at my office in , Texas, this
day of , A. D. 19..
County Clerk County, Texas.
By , Deputy.
No. 207.
WARRANTY DEED— WITH VENDOR'S LIEN, JOINT ACKNOWLEDGMENT.
The State of Texas, County of
Know all men by these presents, that we, and
, husband and wife, of the county of , in the
State aforesaid, for and in consideration of the sum of dollars,
to us paid, and secured to be paid, by as follows :
dollars, cash in hand paid, the receipt of which is hereby acknowledged
and confessed, and dollars, evidenced by promissory notes
of even date herewith for the sum of dollars each, executed by the
said , due on the .... day of , A. D. 19 . ., and 19 . .,
each respectively, and payable to the order of , at
Texas, bearing .... per cent per annum from date until paid, interest
due and payable annually, and providing for ten per cent additional on
the amount of principal and interest then due and attorney's fees, if
placed in the hands of an attorney for collection, or in case suit is
brought on same, and failure to pay said notes or either of them or any
installment of interest when due, shall, at the option of the holder,
mature each and all of said notes, have granted, sold and
conveyed, and by these presents do grant, sell and convey, unto the said
, of the county of , State of Texas, all that cer-
tain (here fully describe the property).
To have and to hold the above described premises, together with all
and singular the rights and appurtenances thereto in anywise belonging
unto the said , his heirs and assigns forever; and we do
hereby bind ourselves, our heirs, executors and administrators to war-
Form Book — 10.
146 TEXAS CIVIL FORM BOOK.
rant and forever defend all and singular the said premises unto the said
y his heirs and assigns against .every person whomsoever
lawfully claiming, or to claim the same, or any part thereof.
But it is expressly agreed and stipulated that the vendor's lien is re-
tained against the above described property, premises and improvements
until the above described notes, and all interest thereon, are fully paid
according to their face and tenor, effect and reading, when this deed
shall become absolute.
Witness hand, at , this day of . A. D.
19..
Witnesses at request of grantor:
R. S. Art. 630 (554).
No. 208.
JOINT ACKNOWLEDGMENT.
The State of Texas, County of
Before me, , of the county , in the State of
Texas, on this day personally appeared and ,
his wife, both known to me (or proved to me on the oath of ),
to be the persons whose names are subscribed to the foregoing instru-
ment, and acknowledged to me that they each executed the same for the
purposes and consideration therein expressed, and the said
wife of the said , having been examined by me privily and
apart from her husband, and having the same fully explained to her,
she, the said . . , acknowledged such instrument to be her act
and deed, and declared that she had willingly signed the same for the
purposes and consideration therein expressed, and that she did not wish
to retract it.
Given under my hand and seal of office this .... day of ....... A. D.
19..
Notary Public in and for County, Texas. .
TEXAS CIVIL FORM BOOK. 147
No. 209.
QUITCLAIM DEED.
The State of Texas, County of
Know all men by these presents, that I, , of the county
of , and the State of Texas, for and in consideration of the
sum of dollars, to me in hand paid by , of the
county of , and State of Texas, the receipt of which is hereby
acknowledged, do, by these presents, bargain, sell, release and forever
quitclaim unto the said , his heirs and assigns, all my
right, title and interest in and to that certain tract or parcel of land
lying in the county of , and State of Texas, described as
follows, to wit: (here describe the property ........).
To have and to hold the said premises, together with all and singular
the rights, privileges and appurtenances thereto in any manner belong-
ing unto the said , his heirs and assigns, forever, so that
neither I, the said . . . ., , nor my heirs, nor any person or per-
sons claiming under me shall, at any time hereafter, have, claim or de-
mand any right or title to the aforesaid premises or appurtenances, or
any part thereof.
Witness my hand at , Texas, this .... day of , A. D.
19..
Witnesses at request of grantor :
[For acknowledgment see other deeds.
No. 210.
DEED OF GIFT.
The State of Texas, County of
Know all men by these presents, that I, , of the county
of , in the State aforesaid, for and in consideration of the nat-
ural love and affection which I have and bear for my daughter,
, have given, granted and conveyed, and by these presents
give, grant and convey to the said , of the county of
, in the State of Texas, all that certain tract, lot or parcel of
land, situate, lying and being in the county of , State of Texas,
in the survey, and more particularly described and designated
as follows, to wit : (here describe the property) together with
all and singular, the rights, members and appurtenances to the same in
any manner belonging.
148 TEXAS CIVIL FOEM BOOK.
To have and to hold said property to her, the said , her
heirs and assigns forever.
Witness my hand this the .... day of , A. D. 19. .
Signed and delivered in the presence of
FORM OF ACKNOWLEDGMENT.
(Same as given in other deeds.)
Every deed or conveyance of real estate must be signed or acknowl-
edged by the grantor in the presence of at least two credible subscribing
witnesses thereto; or must be duly acknowledged before some officer au-
thorized to take acknowledgments, and properly certified to by him for
registration.
See R. S. Art. 630 (554).
In the conveyance of the separate lands of the wife or the homestead
of a family, if owned by a married man, the wife shall join in said con-
veyance, and her separate acknowledgment thereof taken and certified
to before the proper officer and in the mode pointed out in article 4621.
R. S. Art. 635-636 (550-560).
Art. 635 (1895), amended by Art. 635, 25th Leg., Reg. Ses. (1897), p. 41.
When deed is made to a married woman for her own separate use as
her separate property the usual form of deed can be used except using
the following clauses, first, after the words to me paid by . . . .• ,
" out of her own separate property and estate ;" after the words, bargain,
sell and release, unto the said , "to her sole and separate
use and benefit;" after the words, to have and to hold, all and singular,
the premises above mentioned unto the said , "to and for
her sole and separate use."
This is necessary in order to give notice that the land is the separate
property of the wife. Deed by attorney, the form given for deeds can
be used, inserting after the words, know all men by these presents, that
I, ., of said State and county, " by my attorney in fact,
, specially thereto constituted by power of attorney, dated
on the . . . day of , A. D. 19. ., and recorded in the records of said
county in book . . . . , on page . . . . , as by reference thereto will more
fully appear."
TEXAS CIVIL FORM BOOK. 149
No. 211.
SHERIFF'S DEED.
The State of Texas, County of .,
Know all men by these presents, that whereas, by virtue of a certain
, issued out of the court, of the county of ,
Texas, in favor of vs on a certain judgment
rendered by said court on the . . . day of , A. D. 19. ., and directed
and delivered to me, as sheriff of County, commanding me, of
the goods and chattels, lands and tenements of the said
to make certain moneys in said writ mentioned, I, , sheriff
as aforesaid, did upon the .... day of , 19. ., levy on the premises
hereinafter described as the property of the said defendant and on the
first Tuesday in , A. D. 19 . ., the same being the .... day of said
month, within the hours prescribed by law, sold said premises at public
vendue, in the county of , at the door of the courthouse thereof,
having first given public notice of the time and place of sale, by causing
an advertisement thereof to be posted up at three public places in the
county aforesaid, one of which was at the courthouse door of the said
county, for twenty days previous to said sale, and by delivering to the
defendant in execution a copy of said notice of sale, and by mailing a
similar copy to , his attorney of record; and whereas at
the said sale, the said premises were struck off to for the
sum of dollars, he being the highest bidder therefor, and that be-'
ing the highest secure bid for the same :
Now therefore in consideration and by virtue of the premises afore-
said, and of the payment of the said sum of dollars, the receipt
of which is hereby acknowledged, I, , sheriff as aforesaid,
have granted, sold and conveyed, and by these presents do grant, sell
and convey unto the said all the estate, right, title, inter-
est and claim of the said in and to the following described
premises, viz : (here describe the property ) .
To have and to hold the above described premises unto the said
, his heirs and assigns, forever, as fully and as absolutely
as I, as sheriff as aforesaid, can convey by virtue of said writ.
In testimony whereof, I have hereunto set mv hand this .... day of
, A. D. 19..
Sheriff County, Texas.
150 TEXAS CIVIL FORM BOOK.
No. 212.
ACKNOWLEDGMENT BY SHERIFF.
The State of Texas, County of
Before me, (here insert the name and character of the
officer), on this day personally -appeared , known to me to
be the person whose name is subscribed to the foregoing instrument,
and acknowledged to me that he executed the same, as the sheriff of
County, Texas, for the purposes and consideration therein ex-
pressed and in the capacity therein set forth.
Given under my hand and seal of office this .... day of , A. D.
19..
(Seal.)
See R. S. Art. 2375 (2316).
No. 213.
DEED BY CORPORATION.
The State of Texas, County of
Know all men by these presents, that the "., a private corpora-
tion, duly incorporated under the laws of the State of Texas, the prin-
cipal office whereof being at , in said county and State, for and
in consideration of the sum of dollars, to it in hand paid by
, the receipt of which is hereby acknowledged and con-
fessed, have granted, sold and conveyed, and by these presents do grant,
sell and convey, unto the said , of the county of ,
State of Texas, all that certain tract, lot or parcel of land
(here describe the land).
To have and to hold the above described premises, together with all
and singular the rights and appurtenances thereto in anywise belonging,
unto the said , his heirs and assigns, forever, and the
. , does hereby warrant and forever defend, all and singular, the
laid land and premises unto the said , his heirs and
assigns, against every person whomsoever lawfully claiming, or to claim
the same, or any part thereof.
In witness whereof the aforesaid have caused these presents
to be signed by , its president, thereunto authorized by a
vote of said corporations, a copy of which is hereto annexed, and its
common seal hereunto affixed this .... day of , A. D. 19. .
(Seal.)
By , its President.
Attest: ,
Secretary.
Deeds by Corporations. 29th Leg., Reg. Ses. (1005). p. 230.
TEXAS CIVIL FORM BOOK. 151
No. 214.
ACKNOWLEDGMENT BY PRESIDENT.
The State of Texas, County of
Before me, , a notary public in and for county,
State of Texas, on this day personally appeared , known
to me (or proved to me on the oath of ) to be the person
whose name is subscribed to the foregoing instrument, and acknowl-
edged to me that he executed the same as the act and deed of . . . .,
(here state name of corporation) of , Texas, and as the
president thereof, and for the purposes and consideration therein ex-
pressed.
Given under my hand and seal of office this .... day of , A. 1).
19..
(Seal.)
(Official character.)
No. 215.
CONSTABLE'S DEED— SALE OF REAL ESTATE.
The State of Texas, County of
Know all men by these presents, that, whereas, by virtue of a certain
execution issued by , Esq., a justice of the peace in and
for the county of , in favor of vs , on
a certain judgment rendered in the justice's court in precinct Xo ,
of said county, on the .... day of , A. D. 19. ., and directed and
delivered to me, as constable of the county of , commanding
• me of the goods and chattels, lands and tenements of the said ,
to make certain moneys in said writ specified, I, , con-
stable as aforesaid, did upon the .... day of , A. D. 19 . ., levy on
and seize the premises hereinafter described, and all the estate, right,
title, interest and claim of said defendant therein; and on the first
Tuesday, being the .... day of , A. D. 19. ., between the hours of
ten o'clock a. m. and four o'clock p. m., sold said premises at public
vendue, in the county of at the door of courthouse thereof,
having first given public notice of the time and place of sale, by causing
an advertisement thereof to be posted up at three public places in the
county aforesaid, one of which was at the courthouse door of the said
county, for twenty days previous to said sale, and by delivering to the
defendant in execution a copy of said notice of sale and by mailing a
similar copy to , bis attorney of record ; and whereas, at the
said sale, the said premises were struck off to for the sum
of dollars, he being the highest bidder therefor, and that being
the highest secure bid for the same. And said purchaser having com-
plied with the terms of said bid:
152 TEXAS CIVIL FORM BOOK.
Now therefore in consideration and by virtue of the premises afore-
said, and of the payment of the said sum of dollars, the receipt
of which is hereby acknowledged, I, , constable as afore-
said, have granted, sold and conveyed, and by these presents do grant,
sell and convey unto the said all the estate, right, title, in-
terest and claim of the said in and to the following de-
scribed premises, viz : (here describe said premises).
To have and to hold the above described premises unto the said
, his heirs and assigns forever, as fully and as absolutely
as I, as constable as aforesaid, can convey by virtue of the said writ of
execution.
In testimony whereof I have hereunto set my hand this the .... day
of , A. D. 19..
Constable of County, Texas.
No. 216.
ACKNOWLEDGMENT BY CONSTABLE.
The State of Texas, County of
Before me, (here insert the name and official character
of the officer), on this day personally appeared , known to
me to be the person whose name is subscribed to the above and fore-
going instrument, and acknowledged to me that he executed the same,
as the constable of County, Texas, for the purposes and con-
sideration therein expressed and in the capacity therein set forth.
Given under my hand and seal of office this the .... day of ,
A. D. 19..
(Seal.)
R. S. Art. 2375 (2316). R. S. Art. 2327 (2270).
No. 217.
GROUND-RENT DEED.
The State of Texas, County of
Know all men by these presents, that this instrument of writing be-
tween and witnesseth, that the said
, as well for and in consideration of the sum of
dollars to him in hand paid, as of the payment of the yearly rent and
taxes, and performance of the covenants and agreements hereinafter
mentioned, which on the part of said , his heirs and as-
signs, are to be paid and performed, have granted, sold and conveyed,
and by these presents do grant, sell and convey, unto the said ,
TEXAS CIVIL FORM BOOK. 153
his heirs and assigns, all that certain lot or piece of ground situate in
the city of , in said county, and described as follows, to Wit :
(here describe the land) ; together with all and singular, the
improvements, ways, streets, rights, privileges, hereditaments and ap-
purtenances whatsoever unto the same belonging or in anywise apper-
taining, to have and to hold the above described premises unto the said
, his heirs and assigns, forever, yielding and paying there-
for unto the said , his heirs and assigns, the yearly rent or
sum of dollars, in yearly payments in advance, on the first day
of Januanr in each and every year forever, commencing on the first day
of January, A. D. 19. ., without any reduction or abatement whatever
for or by any reason of any charges, taxes or assessments whatsoever to
be assessed on the said lot or the yearly rent hereby reserved, and on
default of payment of said rents as they become due the same may be
enforced by warrant of distress; but if sufficient property subject to levy
cannot be found upon said premises for the purpose aforesaid, it shall
and may be lawful for said wholly to re-enter upon said
lot and its improvements and the same to have again, repossess, and
enjoy, as fully and completely as though this instrument of writing had
never been executed.
And the said , for himself, his heirs, executors, admin-
istrator and assigns, doth covenant, promise and agree to and with the
said , his heirs and assigns, that he, the said _.,
the said yearly rent of dollars shall well and truly pay on the
day and times above mentioned for such payment, without any deduc-
tion for or by reason of any charges, taxes or assessments whatsoever,
it being the express agreement of the parties hereto that the said
, his heirs and assigns, shall pay all taxes whatsoever that
shall hereafter be laid or assessed by virtue of any law whatsoever upon
the lot herein mentioned or on the buildings to be erected thereon or on
the said rent charged thereon ; also that he, the said , shall,
within one year from the date hereof, erect and build on said lot a good
and substantial brick or stone building of sufficient value to secure the
rent hereby reserved; provided always, nevertheless, that if the said
, his heirs or assigns, shall at any time hereafter pay to
the said , his heirs or assigns, the sum of dollars,
and all arrearages of said yearly rent at the time of such payment, then
the same shall forever thereafter cease and be extinguished and the
covenant for the payment thereof shall become void, and then he, the
said , his heirs or assigns, will at their own proper cost
and charges, execute to the said his heirs and assigns,
n sufficient release and discharge of said reserved rents; and the said
, for himself, his heirs, executors and administrators, doth
covenant with the said , his heirs and assigns, that he, the
said , his heirs and assigns, paying the said yearly rent o:
extinguishing the same, together with the taxes, and performing th-
154 TEXAS CIVIL FORM BOOK.
covenants and agreements aforesaid, shall at all times hereafter forever
freely, peaceably and quitely have, hold and enjoy all and singular the
premises hereby granted, with the appurtenances, and take and receive
the rents and profits thereof without any molestation, interruption or
eviction of the said , his heirs or any other person law-
fully claiming the same or any part thereof.
Witness our hands this the .... day of , A. D. 19. .
Signed and delivered in the presence of
Witnesses.
[Acknowledgment given same as in other deeds.]
No. 218.
DEED OF RELINQUISHMENT AND CONFIRMATION.
The State of Texas, County of
Know all men by these presents, that I, , of the county
of , in the State aforesaid, for and in consideration of the sum
of dollars, to me in hand paid by , the receipt of
which is hereby acknowledged and confessed, do by these presents re-
linquish, ratify, and confirm unto the said , his heirs and
assigns, of the county of , State of Texas, all that certain lot,
tract or parcel of land situate, lying and being in the county of ,
State of Texas, in the survey (here describe the land).
To have and to hold the above described premises, together with all
and singular the rights and appurtenances thereto in anywise belonging
unto the said , his heirs or assigns forever.
Witness my hand this .... day of , A. D. 19. .
Signed and delivered in the presence of
[Form of acknowledgment same as given in other deeds.]
TEXAS CIVIL FORM BOOK. 155
No. 219.
DEED OF PARTITION.
The State of Texas, County of
Know all men by these presents, that this instrument of writing,
made between , and , wife of
, who join herein, witnesseth, that whereas, we, the said
, and , of said county and
State, have and hold in common the lands hereinafter mentioned, and
are desirous of making partition of the same, it is hereby covenanted,
granted, concluded and agreed by and between said parties, and each
of them covenants, grants, concludes and agrees, for himself, them-
selves, his and their heirs and assigns, that a partition of said lands be
made as follows, to wit:
First. The said shall from henceforth have, hold, pos-
sess and enjoy, in severalty by himself and to him and his heirs and
assigns for his part, share, interest and proportion of the said lands and
premises, all that tract of land situated (here describe the
land) ; and the other parties hereto do grant, release and confirm unto
the said the premises above described, to have and to hold
the above described premises, with all and singular the rights, heredita-
ments and appurtenances thereto in anywise belonging, unto the said
, his heirs and assigns, forever.
Second. The said shall from henceforth have, hold, pos-
sess and enjoy in severalty by himself and to him and his heirs and as-
signs, for his part, share, interest and proportion of the said lands and
premises, all that tract of land situated (here describe the
land) ; and the other parties hereto do grant, release and confirm unto
the said , the premises above described, to have and to
hold the above described premises, with all and singular the rights,
hereditaments and appurtenances thereto in anywise belonging, unto
the said , his heirs and assigns forever.
Third. The said shall from henceforth, in her own
right and as her separate property, have, hold, possess and enjoy, in
severalty by herself and to her and her heirs and assigns, for her part,
share, interest and proportion of the said lands and premises, all that
tract of land situated (here describe said land) ; and the other
parties hereto do grant, release and confirm unto the said ,
the premises above described, to have and to hold the above described
premises, with all and singular the rights, hereditaments and ap
purtenances thereto in anywise belonging, unto the said ,
her heirs and assigns forever.
Witness our hands this .... dnv of . ,, A. D. 19. .
[Acknowledgment same as in other deeds.]
156 TEXAS CIVIL FORM BOOK.
No. 220.
DEED OF RIGHT OF WAY.
The State of Texas, County of
Know all men by these presents, that I, , for and in
consideration of the sum of dollars to me in hand paid by
, the receipt of which is hereby acknowledged and con-
fessed, have granted, bargained and sold, and by these presents do grant,
bargain, sell and convey, unto the said , his heirs and
assigns, the free and uninterrupted use, liberty and privilege of and
passage in and along a certain way across a certain tract of land situ-
ated in said county adjoining the premises of the said .,
and now occupied by me, being the same tract of land conveyed to nie
by , by deed dated on the .... day of , A. D. 19. .,
and recorded in book .... on page .... deed of records of
County, Texas, to which reference is hereby made, said way being ....
feet in breadth and extending from the corner of said tract to the
corner of the same, parallel with the boundary line thereof ;
together with free ingress, egress, regress to and for the said ,
his heirs and assigns, and his and their tenants, with wagons, carriages
and other vehicles, horses, mules or cattle, as by him or them shall be
necessary or convenient, at all times and seasons forever, in, along,
upon and out of said way, in common with him, the said ,
his heirs and assigns, and his and their tenants; to have and to hold all
and singular the privileges aforesaid to him, the said , his
heirs and assigns, to their proper use and behoof, in common with him,
the said , his heirs and assigns.
Witness my hand this .... day of , A. D. 19. .
Signed and delivered in the presence of
Witnesses
[Acknowledgment same as given in other deeds.]
No. 221.
DEED OF EXCHANGE OF LANDS.
The State of Texas, County of
Know all men by these presents, that this instrument of writing,
made this the day of , A. D. 91 . ., between ,
of the one part, and of the other part, witnesseth, that
the said of the county of in the State of Texas,
TEXAS CIVIL FORM BOOK. 157
for and in consideration of the exchange of and for the land, tenements
and hereditaments of the said , in the county of ,
State of Texas, -bounded and described as follows (here de-
scribe the land), valued at dollars, have given, granted and con-
veyed, and by these presents do give, grant and convey, unto the said
of the county of , State of Texas, a certain tract
of land, with all and every of the right and appurtenances, situate,
lying and being in the oounty of , State of Texas, bounded
and described as follows (here describe the land) ; to have
and to hold said above described land and premises, together with all
and. singular the rights and appurtenances thereto belonging, unto the
said , his heirs and assigns, forever ; and the said
hath likewise on his part, for and in consideration of
the exchange of and for the lands, tenements and hereditaments herein
conveyed to him by the said , valued at dollars,
have given, granted and conveyed, and by these presents do give, grant
and convey unto the said , all that certain tract of land,
aforesaid, situate, lying and being in the county of , State of
Texas, bounded and described as follows (here describe the
land) ; to have and to hold the above described land and premises, to-
gether with all and singular the rights and appurtenances thereto
belonging, unto the said , his heirs and assigns, forever.
Provided always, nevertheless, and these presents are upon this con-
dition, and it is the true intent and meaning of the parties hereunto,
that if it shall happen that either of the said parties to these presents,
their executors, administrators or assigns, shall at any time hereafter
during the said respective terms above granted, by color or means of
any former or other gift, grant, bargain or sale, or otherwise howsoever,
be ousted or evicted of and from the possession of either of the said
tracts of land or tenements and the premises so respectively granted in
exchange as aforesaid, or any part thereof, then, in such cases, these
presents and every matter and thing herein contained shall be utterly
void and of none effect, and then and thenceforth it shall and may be
lawful to and for the party or parties so ousted or evicted into his or
their said former land or tenements and premises, with all and singular
the appurtenances, to re-enter, and the same to have again, repossess,
and enjoy, as of his and their former estate or estates, anything herein
contained to the contrary thereto and in anywise notwithstanding.
Witness our hands this .... day of A. I). 19. .
[Acknowledgment same as given in other deeds.]
158 TEXAS CIVIL FORM BOOK.
No. 222.
DEED OF AGREEMENT TO LAY OUT AND LEAVE OPEN ALLEY, ETC.
The State of Texas, County of
Know all men by these presents, that this instrument of writing, this
day made by and between of the first part,
and , party of the second part, and ,
party of the third part, witnesseth : whereas, the said
(party of the first part) is the owner in fee of the following lots or
tracts of land (here describe the property, giving the
distance and location of same with reference to the blocks and
streets) ; and whereas, the said (party of the second
part) is the owner in fee of a lot of ground on (here
give the location of same with reference to above land, streets, etc.);
and whereas, the said (party of the third part) is the
owner in fee of a lot of ground on the i. . (here give the
location of said lot with reference to the above described lot, streets,
etc.), all of said lots being contiguous and adjoining each other; and
whereas, the said parties to these presents have mutually concluded and
agreed with each other to lay out and leave open over and across the
ends of the , lots of land above described,
feet in width extending from street feet in
length, parallel with and at the distance of feet from
the side of street, as for a passageway into and from the
said street : Xow therefore this instrument witnesseth that, as
well for and in consideration of the premises as the sum of
dollars, by each to the other paid at the time of the execution hereof,
the receipt of which is hereby acknowledged and confessed, they the
said parties to these presents, for themselves respectively, their re-
spective heirs and assigns, do, and each of them doth, covenant and
agree to and with the other and others of them, the said parties hereto,
his and their respective heirs and assigns, that a strip of ground
feet in width north and south by feet in length east and west,
extending into and from the said street, shall at all times
hereafter be and remain open as and for an alley and passageway for
the mutual use and accommodation of all the said contiguous
lots of ground hereinbefore described and of the respective owners and
occupier?; of the same.
Witness our hands this .... day of , A. D. 19. .
[Acknowledgment same as given in other deeds.]
TEXAS CIVIL FORM BOOK. 159
No. 223.
DEED OF A WATERCOURSE.
The State of Texas, County of
Know all men by these presents, that whereas, and
, of said county and State, are respectively seized in
fee of two contiguous tracts of land in the county aforesaid, now occu-
pied by them; and whereas, there is a dam and race or watercourse
upon a certain stream known as ....,- , within the land of
the said , for watering, overflowing and improving
ground therein:
Now therefore I, the said , for divers good consid-
erations and the further consideration of the sum of dollars to
me in hand paid by the said . .^ , the receipt of which is
hereby acknowledged, have bargained and sold, and by these presents
do grant, bargain, sell and convey, unto the said , his
heirs and assigns, all of the water of said stream, to be led and con-
veyed therefrom into the land of said for the space
of days in every week, to wit: from ., at to ..."...,
at , for the watering, overflowing and improving the land of the
said , together with the right' to and for the said
,-. . . ., his heirs and assigns, and his and their workmen,
with horses, mules, cattle, carts and wagons, at all convenient times
and seasons, to enter upon the land in and along the banks of said dam
and race or watercourse, for the amending, cleaning and repairing the
same, with liberty for that purpose to dig and take stones and earth
from the adjacent land, to have and to hold all and singular the prem-
ises and privileges hereby granted unto the said . , his
heirs and assigns, forever, he or they paying part of the expenses
which from time to time may accrue in supporting, cleansing and
repairing the dam and watercourse aforesaid.
Witness my hand this the .... day of , A. D. 19 . .
Signed and delivered in the presence of
Witnesses.
[Acknowledgment same as given in other deeds.]
160 TEXAS CIVIL FORM BOOK.
No. 224.
DEED OF A GIFT ON CONDITIONS.
The State of Texas, County of
Know all men by these presents, that this instrument of writing, this
day made between and , of said
county and State, witnesseth, that whereas, the said . .;
being the father of said , by reason of his age and infirm-
ities is not capable of attending to his estate and affairs as formerly, and
has therefore agreed for advancement of said , to
make over his property to the said , so that the said
should pay the debts of the said and
afford him a maintenance, as is hereinafter mentioned: Xow therefore
the said , in order to carry said agreement into effect, and
in consideration of the natural love and affection which he has for and
toward his son, the said , and of the provisos, covenants
and agreements hereinafter mentioned by the said to be
observed and performed, hath given, bargained, sold and assigned, and
by these presents doth give, grant, bargain, sell and assign, unto the
said , his heirs, executors and administrators, all and
singular his household goods, debts, rights, credits and personal estate,
whereof he is now possessed or anyways interested in or entitled unto, of
whatsoever nature or kind the same are, with their and every of their
rights, members and appurtenances, to have and to hold the same unto
the said , his heirs, executors and administrators, forever,
without rendering any account or being therefor in anywise accountable
to the said , his heirs, executors or administrators, for
the same, and the said , for himself, his heirs, executors
and administrators doth covenant, promise, grant and agree to and with
the said , his executors and administrators, in manner and
form following, that is to say, that he, the said , his
executors and administrators, shall and will settle, pay, discharge and
satisfy all accounts, debts, judgments and demands of every nature and
kind whatsoever, now outstanding against or now due from or payable
by the said , or for the payment of which the said
shall be liable on account of any matter, cause or thing
hereto had, suffered, done or performed, and at all times hereafter free,
discharge and keep harmless and indemnified the said
his heirs, executors and administrators, from all and every such ac-
counts, debts, judgments and demands, and from all actions, suits and
damages that may to him or them arise by reason of the nonpayment
thereof.
And further, that he, the said , his heirs, executors and
administrators, shall and will, yearly and even' year during the term
of the natural life of him, the said by twelve equal
monthly payments, the first to begin on the first day of . , A. D.
19. ., and on the first day of each consecutive month thereafter, for each
TEXAS CIVIL FORM BOOK. 161
and every year, well and truly pay to the said or his as-
signs the sum of dollars for or toward his support and main-
tenance, and find and provide for him sufficient meat, drink, washing,
lodging, apparel and attendance suitable to his estate and situation, at
the choice and election, from time to time, of the said ;
Provided always and upon condition that if the said , his
heirs, executors or administrators, shall fail or refuse to perform any of
the agreements and stipulations above mentioned, then it shall be law-
ful for the said all and singular the premises hereby
granted to take, repossess and enjoy as in his former estate.
Witness our hands this .... day of , A. D. 19. .
Signed and delivered in the presence of
Witnesses.
[Acknowledgment same as given in deeds.]
No. 225.
DEED OF GIFT OF PERSONAL PROPERTY TO BE USED DURING LIFE.
The State of Texas, County of . . . ... . . .
Know all men by these presents, that I, , in considera-
tion of the natural love and affection which I have and bear to my
daughter, , and for and toward the better support and
maintenance of her after my decease, and for divers other good cause*
and valuable considerations received by and moving me, have given,
granted and conveyed, and by these presents do give, grant and convey,
\into the said all and singular my goods and chattels
whatsoever and wheresoever, and of what nature, sort or kind soever, to
have and to hold the said goods and chattels hereby granted and con-
veyed, and every part and parcel thereof, unto the said ,
her executors, administrators and assigns, from henceforth forever;
Provided always, and these presents are upon this special trust and
confidence and express condition, that she, the said , her
executors, administrators and assigns, shall and do permit and suffer
me, the said , to use, keep and enjoy all and singular the
Raid goods and chattels during my natural life, without paying or yield-
ing anything for the same, or in respect thereof, and not otherwise, and
that from and after my decease, she, the said , her execu-
lors, administrators or assigns, shall or lawfully may have, hold and
Form Book— 11.
162 TEXAS CIVIL FORM BOOK.
enjoy the same, and every part and parcel thereof, and dispose thereof
and convert the same to her own proper use and benefit, as she or they
shall think fit.
Witness my hand this day of ....... A. D. 19. .
Signed and delivered in the presence of
"Witnesses.
[Acknowledgment same as given in deeds.]
No. 226.
PROOF BY WITNESS.
The State of Texas, County of
Before me, , a notary public in and for
County, Texas, on this day personally appeared , known
to me (or proved to me on the oath of ) to be the person
whose name is subscribed as a witness to the foregoing instrument of
writing, and after being duly sworn by me stated on oath that he saw
, the grantor or person who executed the foregoing in-
strument, subscribe the same (or that the grantor or person who
executed such instrument of writing acknowledged in his presence
that he had executed the same for the purposes and considera-
tion therein expressed), and that he had signed the same as a witness
at the request of the grantor (or the person who executed the same).
Given under mv hand and seal of office this .... dav of ,
A. D. 19 ..
(Seal.)
See R. S. Art. 4624 (4316).
Witness must be personally known to the officer taking the proof to
be the person whose name is subscribed to the instrument as a witness,
or -must be proved to be such by the oath of a credible witness, which
fact shall be noted in the certificate.
See R. S. Art. 4623 (4315).
DEEDS OF TRUST.
No. 227.
DEED OF TRUST.
The State of Texas, County of
. Know all men by these presents, that I, , joined
herein by my wife, , (pro forma) of the county of
TEXAS CIVIL FORM BOOK. 163
and State of , parties of the first part, in considera-
tion of the sum of ten dollars, to us in hand paid by of
the county of and State of Texas, the receipt whereof is hereby
acknowledged, and of the further consideration, uses, purposes and trusts
herein set forth and declared, have granted, bargained and sold, and
by these presents do grant, bargain, sell, alien, convey and confirm,
unto the said , party of the second part, and also
to the substitute trustee, as hereinafter provided, all of the following
described real estate, lying and being situated in the county of ,
in the State of Texas, to wit: (here describe the prop-
erty), together with all improvements thereon, or hereafter to be placed
thereon, and all and singular, the rights and appurtenances to the same
belonging or in anywise incident or appertaining. To have and to hold
unto him, the said party of the second part, and to his successor and
his assigns forever, we hereby covenanting and agreeing to forever
warrant and defend the premises aforesaid, and every part thereof
unto the said and to the substitute trustee, and to the
assigns of any trustee hereunder, against all persons whomsoever, law-
fully claiming or to claim the same, for and upon the following trusts,
terms and conditions, to wit : That whereas , the said
party of the first part, is justly indebted to , party of the
third part herein, as evidenced by one certain promissory note executed
by the said party of the first part, and payable to the order of the said
party of the third part, as follows to wit: (here describe the note).
And, whereas, it is contemplated that said , party of the
first part, may hereafter become indebted unto said party of the third
part in further sum or sums, which said indebtedness now accrued or to
accrue in future it is agreed shall all be payable at , Texas,
and bear interest at rate of .... per cent per annum from date of ac-
crual until paid, by whatever means the same shall accrue ; and this con-
veyance is made for the security and enforcement of the payment of
said present and future indebtedness.
Xow, should the said party of the first part make prompt payment of
said indebtedness, both principal and interest, as the same shall become
due and payable, and strictly comply with all the conditions and require-
ments herein provided, then this conveyance shall become null and of
no further force or effect, and shall be released at the cost and expense
of the said party of the first part. But should the said ,
party of the first part, make default in the punctual payment of said in-
debtedness, or any part thereof, principal or interest, as the same shall
become due and payable, or should said party of the first part in any
respect fail to keep and perform any one or more of the conditions
herein provided to be kept and performed by said party of the first part,
then, and in any such case, the whole amount of said indebtedness re-
maining unpaid shall, at the option of the party of the third part, or
other holder thereof, immediately mature and become payable, and it
164 TEXAS CIVIL FORM BOOK.
shall thereupon, or at any time thereafter, the same, or any part thereof,
remaining unpaid, be the duty of the said party of the second part
herein, and of his successor or substitute, as hereinafter provided, on
the request of the said party of the third part, or other holder thereof
(which request is hereby presumed) to enforce this trust; and after ad-
vertising the time, place and terms of the sale of all the above conveyed
and described property for at least twenty days successively next before
the day of sale, by posting up written or printed notices thereof at three
public places in each county where said real estate is situated, one of
which shall be at the courthouse door of such county, to sell the same,
in accordance with such advertisement, at public auction, in front of
the door of the courthouse of County, in the State of Texas, on
Ihe first Tuesday in any month, between the hours of 10 o'clock a. m.
and 4 o'clock p. m., to the highest bidder for cash — selling all the prop-
erty above conveyed as an entiret}r or in parcels, as the trustee acting
may elect — and make due conveyance to the purchaser or purchasers,
with general warranty, binding the said parties of the first part herein,
and their heirs and assigns; and out of the money arising from such
sale, the trustee acting shall pay, first, all the expenses of advertising,
sale and conveyance, including a commission of five per cent, to him-
self; and then to the said party of the third part, or any other holder
thereof, the full amount of principal and interest due and unpaid on
said indebtedness as hereinbefore set forth, rendering the balance of the
purchase money, if any, to the said parties of the first part, their heirs
or assigns ; and said sale shall forever be a perpetual bar against the said
parties of the first part, their heirs and assigns, and all other persons
claiming under any of them. It is expressly agreed that the recitals in
the conveyance to the purchaser shall be full evidence of the truth of the
matters therein stated, and all prerequisites to said sale shall be pre-
sumed to have been performed. In case of the absence, death, inability,
refusal or failure of the trustee herein named to act, a successor and sub-
stitute may be named, constituted and appointed by the said party of
the third part herein, or-- other holder of said indebtedness, without
other formality than an appointment and designation in writing; and
this conveyance shall vest in him, as trustee, the estate and title in all
said premises, and he shall thereupon hold, possess and execute all the
title, rights, powers and duties herein conferred on said trustee named,
and his conveyance to the purchaser shall be equally valid and effective;
and such right to appoint a successor or substitute trustee shall exist
as often and whenever from any of said causes, any trustee, original or
substitute, cannot or will not act. The party of the third part, or other
holder under them, shall have equal rights to become the purchaser at
such sale, being the highest bidder.
It is agreed and stipulated that the parties of the first part herein
shall and will, at their own proper cost and expense, keep the property
and premises herein described, and upon which a lien is hereby given and
TEXAS CIVIL FORM BOOK. 16">
created, in good repair and condition, and pay and discharge, as they
are or may become payable, all and every, the taxes and assessments that
are or may become payable thereon under any law, ordinance or regula-
tion, whether made by Federal, State or municipal authority, and shall
keep said property fully insured in some company or companies ap-
proved by the party of the third part, to whom the loss, if any, shall be
payable, and by whom the policies shall be kept. And in case of default
made by the party of the first part in performance of any of the fore-
going stipulations, the same may be performed by the party of the
third part herein, for account and at the expense of the party of the
first part, and any and all expenses incurred and paid in so doing shall
be payable by the party of the first part to the party of the third part,
with interest at the rate of .... per cent per annum from the date
when the same was so incurred or paid, and shall stand secured and
payable by and under this deed in like manner with the other indebted-
ness herein mentioned, and the amount and nature of such expenses
and time when paid shall be held fully established by the affidavit of the
party of the third part, or of his agent, or by the certificate of any trus-
tee acting hereunder.
It is further agreed and stipulated that the security herein and
hereby provided shall not affect, nor be affected by any other or further
security taken or to be taken for the same indebtedness, or any part
thereof; and the said parties of the first part hereby declare that the
property hereinbefore mentioned and conveyed to said party of the
second part forms no part of any property by them owned, used or
claimed as exempted from forced sale under the laws of the State of
Texas, and disclaim .and renounce all and every claim thereto under
any such law or laws,, and hereby designate the following described
property, to wit: (here describe the property) as our
homestead, and as constituting all the property (of nature similar to
that herein conveyed) owned, used or claimed by us as exempt under
said laws.
In testimony whereof, said parties of the first part have hereunto
signed their names at this .... day of , A. D. 19 ..
Witnesses at request of grantor:
[The above form can be used when the wife joins in the deed of trust
to secure debt of the husband, but to secure joint debt, should read
we, , and wife, , instead of I, ,
joined by my wife. Acknowledgment same as in deeds.]
K56 TEXAS CIVIL FORM BOOK.
No. 228.
DEED OF TRUST FOR THE BENEFIT OF A MARRIED WOMAN.
The State of Texas, County of
Know all men by these presents, that I, , of the county
of , State of Texas, for and in consideration of the sum of one
dollar to me in hand paid by , the receipt of which is
hereby acknowledged, for the uses and upon the trust hereinafter men-
tioned, have granted, sold and confirmed, and by these presents do
bargain, grant, sell and convey, unto the said , forever,
all that certain tract or parcel of land, situate, lying and being in the
county of , State of Texas, described as follows :
(here describe the land), together with all the rights, hereditaments
and appurtenances unto the same belonging; to have and to hold the
above described premises unto the said and his assigns
forever, in trust, nevertheless, and for the uses following and none other ;
that is to say, for the separate and sole use of , the wife
of , of said State and county, for and during her natural
life, and so as she alone, or such person as she shall appoint, shall take
and receive the rents, issues and profits thereof, and so as her said hus-
band shall not in anywise intermeddle therewith, and from and after
the decease of the said in trust for the use of the heirs of
the body of the said , by the said , begotten,
forever, with power to the said to sell and convey, in fee
simple, the whole or any part of the aforesaid premises to any person
or persons, and for such sums of money as the said by
writing, under her hand and duly acknowledged, at any time during her
natural life may direct. And the said binds himself, his
heirs, executors and administrators, forever, to warrant and defend the
title of said premises unto the said and his assigns, for-
ever, against the claims of all persons lawfully claiming the same or any
part thereof. And the said hereto signing his name,
accepts the trust herein conferred.
Witness our hands this .... day of , A. D. 19. .
Signed and delivered in the presence of
Witnesses.
[Acknowledgment same as given in deeds.]
TEXAS CIVIL FORM BOOK. 167
•
No. 229.
DEED FROM TRUSTEE UNDER ABOVE DEED.
The State of Texas, County of ........
Know all men by these presents, that I, ............ (party named
as trustee in above deed), trustee of the hereinafter described premises,
for the use of ............ , wife of ............ , by deed of
............ to me dated on the .... day of ...... , A. D. 19 . . , and
recorded in book .... on page . . . . , records of ........ County, Texas,
to which reference is hereby made, by the direction and appointment
of the said ............ by her instrument in writing, under her hand
and duly acknowledged by her, for and in consideration of the sum of
...... dollars to me in hand paid for the use of the said ............
by ............ , the receipt of which is hereby acknowledged and con-
fessed, have bargained, sold and conveyed, and by these presents do bar-
gain, sell and convey unto the said .... ........ , of ........ County,
Texas, all that certain tract or parcel of land situated in ........
County, Texas, described as follows, to wit: ........ (here describe the
To have and to hold the above described land and premises, together
with all and singular the rights and appurtenances thereto in anywise
belonging, unto the said ............ , his heirs and assigns, forever;
and I, the said ............ , by virtue of the authority vested in me
in said deed of trust, do hereby bind and obligate the said ............ ,
his heirs, executors and administrators to forever warrant and defend
the right and title of said property to the said ............ , his heirs
and assigns, against the claims of all persons lawfully claiming the
same or any part thereof.
Witness my hand this the .... day of ...... , A. D. 19 . .
Trustee.
Signed and delivered in the presence of
Witnesses.
[Acknowledgment same as given under sheriff's deed, except using
trustee instead of sheriff.]
No. 230.
TRUSTEE'S DEED.
The State of Texas, County of
Know all men by these presents, that I, , of said county
of , State of Texas, by virtue of a deed of trust executed and
delivered to me, as trustee, on the .... day of , A. D. 19. ., by
168 TEXAS CIVIL FORM BOOK.
, for better securing in the payment of a
certain promissory note for the sum of dollars, made by the said
, payable to the order of the said , bearing
even date with the date and year aforesaid, and due twelve months after
date thereof, fully described in said deed of trust; in which said deed
of trust I have been authorized to sell upon the request of said
, at any time after the maturity of said note, certain prop-
erty hereinafter described, which said note being past due and unpaid
and the said request made as aforesaid, and the said hav-
ing failed and refused to pay said note or any part thereof, after having
been duly notified so to do, and duly served with notice of this sale, as
required by law, did offer for sale between the legal hours thereof, at
public auction, on the first Tuesday in , A. D. 19. ., the same
being the .... day of said month, at the courthouse door in ,
County, Texas, a certain tract of land, with the rights, mem-
bers and appurtenances thereto belonging, situated in said county of
, described as follows, to wit : (here describe the
land) ; whereupon the said tract of land was knocked off to
of said county, at and for the sum of dollars,
he being the highest and best bidder for the same, and the said sum
being the highest and best bid therefor.
Now therefore, in consideration of the premises and of the said
dollars, to me in hand paid by the said , the re-
ceipt of which is hereby acknowledged and confessed, I, the said
trustee as aforesaid, do by these presents bargain, grant,
sell, and convey to the said , the above described tract of
land, together with all and singular the rights, members and ap-
purtenances to the same in any manner belonging.
To have and to hold said property unto him the said ,
his heirs and assigns forever, in fee simple. And I, the said
, by virtue of the authority vested in me in said deed of
trust, do hereby bind and obligate the said , his heirs, exec-
utors and administrators to forever warrant and defend the right and
title of said property to the said , his heirs and assigns,
against every person whomsoever lawfully claiming or to claim the
same, or any part thereof.
Witness my hand this the day of , A. D. 19. .
Trustee.
Signed and delivered in the presence of
Witnesses.
R. S. Art. 2369 (2310).
[Acknowledgment same as given under sheriff's deed, except using
trustee instead of sheriff.!
TEXAS CIVIL FORM BOOK. 169
No. 231.
SUBSTITUTING TRUSTEE.
The State of Texas, County of
Know all men by these presents, that, whereas, on the .... day of
, A. D. 19. ., , of County, Texas, executed
and delivered his certain deed of trust to , of
County, Texas, as trustee, for better securing the payment of a certain
promissory note for the sum of dollars, executed and delivered
by the said , payable to me, , or order, dated
the .... day of A. D. 19. ., and to become due on the .... day
of , A. D. 19 . . ; and, whereas, the said refuses to
execute the trust with which he is empowered in said deed (or, here
state such causes that may exist), and said note is long since past due
and unpaid; and, whereas, I am authorized by said deed of trust to ap-
point a substitute trustee, upon the death, failure, or refusal of the said
to execute the trusts in said deed of trust contained :
Xow therefore, in consideration of the premises, I, the said
, hereby appoint and substitute , trustee in
said deed of trust, in lieu and in place of the said , with
all the powers and authority given by the said to the
said
Witness my hand this the .... day of , A. D. 19. .
Signed and delivered in the presence of
Witnesses.
[Form of acknowledgment same as given in deeds.]
No. 232.
NOTICE OF TRUSTEE'S SALE.
The State of Texas, County of
Whereas, by virtue of authority vested in me, as trustee, named and
appointed in a certain deed of trust, recorded in volume .... on page
, records of real estate mortgages of County, Texas, exe-
cuted and delivered to me on the .... day of , A. D. 19. ., by
, for better securing the payment of two certain promis-
sory notes of ($ ) dollars each, more fully described in
said deed of trust, executed by the said , payable to the
order of , at , Texas, due on the .... day
of , A. D. 19. ., each respectively bearing eight per cent interest
per annum from date until paid, interest due and payable annually as
170 TEXAS CIVIL FORM BOOK.
it accrues, providing failure to pay either of said notes, or any install-
ment of interest thereon when due, shall at the option of the holder of
said notes, or either of them, mature each thereof, and in such event the
holder thereof may proceed to collect the same in the same manner as
if the full time provided in said notes had expired, and also providing
for the payment of ten per cent additional on the amount of principal
and interest then due as attorney's fees, if placed in the hands of an
attorney for collection (if purchase-money notes, add "given in part
payment for the purchase money") for (here describe the
property).
And, whereas, the said is the holder and owner of
said notes, and the said has made default in the payment
of said dollar note above described, due on the .... day of ,
A. D. 19 . . ., and the same is now past due and unpaid, principal, inter-
est and attorney's fees, by reason thereof and as provided for in each
of said notes and in said deed of trust, the said has de-
clared each of said notes and all of said indebtedness immediately due
and mature and has heretofore so notified the said , in
writing; and, whereas, each of said notes are now past due and unpaid,
now aggregating, principal, interest and attorney's fees, dollars ;
and, whereas, I have been requested by the said to en-
force said trust, I will offer for sale, between the legal hours thereof, to
wit, between the hours of 10 o'clock a. m. and 4 o'clock p. m., at public
auction, to the highest bidder, on the first Tuesday in , A. D.
ID. . (the same being the .... day of said month), at the courthouse
door in the town of . , in County, Texas, the
following described property, to wit : (here describe the
land) with all the rights, members and appurtenances thereto belonging.
Witness my hand this ..•..• day of , A. D. 19. .
Trustee.
DIVORCE.
R. S. Arts. 2976-2988 (2860-2872).
R. S. 2979 (1895). Amended by 25th Leg., 1897, p. 49.
No. 233.
PETITION FOR DIVORCE.
The State of Texas, County of In District Court of
County, Texas, Term, A. D. 19. .
To the Hon. Judge of said Court:
Now comes , who resides in County, Texas,
hereinafter called plaintiff, complaining of , who resides
in County, Texas, hereinafter called defendant; and for
TEXAS CIVIL FORM BOOK. 171
cause of action, plaintiff represents to the court that he is an actual
bona fide inhabitant of the State of Texas, and has resided in the said
county of . for at least six months next preceding the filing
of this suit; that on or about the .... day of , A. D. 19. ., in
County, Texas, plaintiff was lawfully married to defendant,
then a single woman by the name of ; that they continued
to live together as husband and wife until on or about the .... day of
, A. D. 19. ., when by reason of the cruel and harsh treatment
and improper conduct of defendant toward plaintiff, he was forced
and compelled to permanently abandon her, since which time they have
not lived together as husband and wife.
Plaintiff alleges that during the time he and defendant lived together
as aforesaid, he was kind and affectionate to her and always provided
for her support and maintenance, but defendant, unmindful of the du-
ties and obligations of her marital vows, about one year prior to the time
of their said separation, began a course of unkind, harsh, cruel and
tyrannical treatment toward plaintiff, which continued until plaintiff
was forced and compelled to abandon defendant as aforesaid; that de-
fendant often cursed and abused plaintiff and applied to him the vilest
and most opprobrious epithets, without any cause or provocation what-
ever on the part of this plaintiff; that on or about the .... day of
, A. D. 19. ., defendant at their home in , Texas, cursed
and abused plaintiff and called him and and other
ugly names; that on or about the .... day of , A. D. 19. ., in
, Texas, defendant cursed and abused plaintiff and called
him a and publicly accused plaintiff of living in adultery with
a woman other than his wife, by the name of , which said
accusations are false and untrue; that said marriage relations between
plaintiff and defendant still exist.
Plaintiff alleges that defendant's action and conduct toward him
generally are of such a nature as to render their further living together
as husband and wife insupportable; the premises considered, wherefore
plaintiff prays the court that defendant be cited to appear and answer
herein and for judgment dissolving said marriage relations, for costs of
suit and for such other and further relief, special and general, in law
.and in equity, that he may be justly entitled to, etc.
Attorney for Plaintiff.
172 TEXAS CIVIL FORM BOOK.
No. 234.
PETITION FOR DIVORCE BECAUSE OF NON-AGE.
The State of Texas, County of In District Court of
County, Texas, Term, A. D. 19. .
To the Hon. Judge of said Court:
Now comes , an infant female under twenty-one years
of age, who sues by her next friend, ., who resides in
County, Texas, hereinafter called plaintiff, complaining of
} who resides in County, Texas, hereinafter styled
defendant; and for cause of action, plaintiff represents to the court that
she is now an actual bona fide inhabitant of the State of Texas, and
has resided in the said county of for six months next pre-
ceding the filing of this suit.
That on or about the .... day of , A. D. 19. ., plaintiff was
married to defendant in the county of , in this State; that at
the time of said marriage plaintiff was an infant under the age of legal
consent, to wit, of the age of about thirteen years.
That for a short time after said marriage plaintiff cohabited with de-
fendant, but plaintiff and defendant have not cohabited as husband and
wife for any time or in any manner since the plaintiff attained the age
of fourteen, to wit, the .... day of , A. D. 19. ..
That plaintiff is desirous of having said marriage between herself
and defendant dissolved and declared null and void by a decree of this
court.
Wherefore plaintiff prays the court that defendant be cited to appear
and answer this petition, and that said marriage between plaintiff and
defendant be dissolved and declared null and void, and that plaintiff be
restored to her maiden name, , and for judgment for cost*
of suit, and for such other and further relief, special and general, in
law and in equity as in the premises she may be justly entitled to, etc.
Attorney for PlaintilL
Males under sixteen and females under fourteen years of age shall
not marry.
R. S. Art. 2955 (2839).
Xatural or incurable impotency of body at the time of entering into-
the marriage contract, or any other impediment that renders such con-
tract void, may be grounds for divorce. .
R. S. Art. 2970 (2860).
In suits for divorce the court may, in its discretion, on the final dis-
position of the case, enter a decree changing the name of either party
to said suit, if such name is specially prayed for in the pleadings of such/
party.
R. S. Art. 380 (339).
TEXAS CIVIL FORM BOOK. 173
No. 235.
PETITION FOR DIVORCE, WITH PRAYER FOR INJUNCTION.
The State of Texas, County of In District Court of
County, Texas, Term, A. D. 19 ..
To the Hon. Judge of said Court:
Now comes , who resides in County, Texas,
hereinafter called plaintiff, complaining of , who resides
in the county of , in the State of Texas, hereinafter styled de-
fendant; and for cause of action, plaintiff represents to the court that
she is an actual bona fide inhabitant of the State of Texas, and has
resided in the said county of for six months next preceding
the filing of this suit. . .j ;
That on or about the .... day of , A. D. 19. ., plaintiff was
legally married to defendant in , and continued to live with
him as his wife until on or about the .... day of , A. D. 19. .
That at the time of said marriage plaintiff and defendant were inhab-
itants of said State of , and afterward, on or about the ....
day of , A. D. 19. ., removed to this State, and have remained
here ever since.
That plaintiff, during the time she lived and cohabited with defend-
ant as aforesaid, had one child by him, to wit, a girl (or boy, as the case
may be) by the name of , about years of age ; that
during all of said time she conducted herself with propriety, and man-
aged the household affairs of her said husband with prudence and econ-
omy, and at all times treated her said husband with kindness and for-
bearance. But that defendant, disregarding the solemnity of his mar-
riage vow, and his obligation to treat plaintiff with kindness and atten-
tion, within about a year prior to their said separation, commenced a
course of unkind, harsh and tyrannical conduct toward her, which con-
tinued, with slight intermission, until she finally separated from him
on or about the .... day of , A. D. 19 .. That on divers occa-
sions, while plaintiff lived with defendant as aforesaid, he was guilty
of excesses, cruel treatment and outrages toward her, of such a nature
as to render their living together insupportable; that on or about the
.... day of , A. D. 19. ., at their home in , Texas, de-
fendant cursed and abused plaintiff and among other things called her
a (here state the words used), and struck her in the face with
his fists, under circumstances which showed an utter disregard of plain-
tiff's health, if not of her life. That on another occasion defendant
(here specify the act of cruelty).
That defendant is a man of violent passions and of ungovernable
temper, and that on many occasions, during the time plaintiff lived with
In'in, defendant addressed to her the most opprobrious epithets and
threats of personal violence, and repeatedly threatened to take her life ;
that in consequence of the cruel and inhuman treatment above men-
374 TEXAS CIVIL FORM BOOK.
tioned, together with the threats aforesaid, and such brutal and out-
rageous conduct toward her as rendered it unsafe for her to live with
him or to remain within the reach of his violence, she was, on or about
the .... day of , A. D. 19. ., obliged to leave, and did leave, the
house of defendant and go to her friends, since which time she has not
dared to return to his said house, or to live with him. That since plain-
tiff has so left the house of defendant he has refused and failed to pro-
vide for her support and maintenance; that she has no separate prop-
erty or income adequate to her maintenance, and is now very destitute
and in great want; that defendant is in possession of real and personal
property and estate, the community property of plaintiff and defend-
ant, amounting to the sum of dollars, and his annual income is
about dollars.
Wherefore, plaintiff prays the court that defendant be cited to appear
and answer this petition; that he be required to return into court an
inventory and appraisement under oath of all the property belonging
to the community estate of plaintiff and defendant, and that a writ of
injunction issue, restraining him from disposing of any part of the
same, or contracting any debt on account thereof, until the further order
of this court; that during the pendency of this suit the defendant be
required to pay into court monthly the sum of dollars, for the
support and maintenance of plaintiff and her said child ; that said child,
during the pendency of this suit, be placed in the custody of plaintiff,
and that defendant, by a writ of injunction, be restrained from inter-
fering with them in any manner; that on final hearing plaintiff have
judgment, dissolving the marriage contract between plaintiff and de-
fendant, and for partition of the community property; that plaintiff
have the care, custody and education of the said child of said marriage,
and that a proper and suitable provision be made for her support and
maintenance, and she now here alleges that the sum of dollars,
payable monthly, is a proper and suitable provision therefor; and for
costs of suit, and such other and further relief, special and general, in
law and in equity, that she may be justly entitled to, etc.
Attorney for Plaintiff,
The State of Texas, County of I solemnly swear that I
am the plaintiff in the above entitled and numbered cause, and that the
matters stated in the above and foregoing petition are true.
Sworn to and subscribed before me, under my official hand and seal,
this the day of , A. D. 19. .
(Seal.)
Arts. 2980-2988 (2864-2872).
TEXAS CIVIL FORM BOOK. 175
No. 236.
ORDER OF COURT GRANTING ALIMONY.
vs No In District Court of
County, Texas, Term, A. D. 19 ..
On this the .... day of , A. D. 19. ., came on to be heard the
application of defendant , for alimony during the pendency
of this suit, both plaintiff and defendant after due notice appeared and
answered herein ; and it appearing to the court, after hearing the plead-
ings and evidence, that defendant has not a sufficient income for her
maintenance during the pendency of this suit for divorce, and that
plaintiff, , is in possession of community property of him-
self and defendant of the reasonable value of dollars, the annual
income of which is about dollars :
It is therefore ordered and decreed by the court that defendant
be and is hereby allowed the sum of dollars per
month for her support during the pendency of this suit until further
ordered By this court, and it is hereby ordered that plaintiff, ,
pay to the clerk of this court, for the benefit of the said defendant, the
sum of dollars on the first day of , A. D. 19. ., and the
sum of dollars on the first day of each consecutive month there-
after, until a final decree is made in this cause or until further ordered
by this court, and all costs in this behalf incurred, for all of which exe-
cution may issue.
R. S. Art. 2986 (2870).
No. 237.
DECREE OF DIVORCE.
vs No In District Court of
County, Texas, Term, A. D. 19. .
On this the .... day of , A. D. 19. ., this cause coming on tc
be heard, the plaintiff appeared in person and by attorney, and defend-
ant, although having been legally cited to answer herein (or duly ac-
cepted service, as the case may be) as required by law, failed to appear
and answer in this behalf, but wholly made default; whereupon, a jury
being waived, plaintiff announced ready for trial, and the court, having
heard the pleadings and evidence, is of the opinion that the material
allegations in plaintiff's petition are true :
It is therefore ordered, adjudged and decreed by the court that the
bonds of matrimony heretofore existing between said plaintiff and de-
fendant be and the same are hereby annulled and dissolved, and that
the said plaintiff be and is hereby divorced from the said defendant.
It is further ordered by the court that the said plaintiff do have and
176 TEXAS CIVIL FORM BOOK.
recover of the said defendant all costs in this behalf expended, for which
he may have his execution. It is further ordered that execution may
issue in favor of the officers of court against each party, respectively,
for all costs by him or her in this behalf incurred.
DESIGNATION OF HOMESTEAD.
No. 238.
VOLUNTARY DESIGNATION OF HOMESTEAD.
The State of Texas, County of
Know all men by these presents, that, whereas, , who is
the head of a family, of the county of , and State of Texas,
owns and is possessed of more land than is by law exempt to a family
form forced sale; and, whereas, he desires to designate and set apart
the homestead to which the family is entitled under the Constitution
and laws of this State (or , sheriff of , who has
an execution against the said in favor of ,
has notified said .• to designate his homestead) :
Therefore I, the said , have this day set apart and des-
ignated, and by these presents do set apart and designate, as the home-
stead to which said family is entitled under the Constitution and laws
of this State, exempt from forced sale, all that certain tract or parcel
of land situated in County, Texas, a part of the survey orig-
inally granted to , comprising two hundred acres of land,
and having metes and bounds as follows, to wit : (here describe
the land).
Witness my hand this the .... day of , A. D. 19. .
[Acknowledgment same as given in deeds.]
R. S. Art. 2404 (2344).
Said instrument shall be signed by the party and acknowledged or
proved as other instruments for record and shall be filed with the clerk
of the county court of the county in which the land or a part thereof is
situated. It shall contain a description by metes and bounds, or other
sufficient description to identify the land designated, stating .the name
of the original grantee and the number of acres, and, if more than one
survey, the number of acres in each, and such instrument shall be re-
corded by the clerk in the record of deeds of said county.
^. S. Arts. 2404-2405 (2344-2345).
The sheriff or constable holding an execution against the owner of a
larger tract of land than is exempt from forced sale, and not separated
and partitioned therefrom, may on his own motion, and shall, if re-
TEXAS CIVIL FORM BOOK. 177
quired by the plaintiff in execution, his agent or attorney, notify the
defendant in execution to designate and set apart his homestead from
the remainder of the lands so owned and occupied by him, and that on
failure to do so within ten days the sheriff or constable will proceed to
have such partition made as provided by law.
R. S. Art. 2407 (2347).
No. 239.
NOTICE BY SHERIFF TO OWNER TO DESIGNATE HOMESTEAD.
, Texas, , 19 ..
To , Defendant:
Sir : You are hereby notified that, as sheriff of County, I
have in my hands a certain writ of execution issued out of the
court of County on the .... day of , A. D. 19. ., against
you in favor of ; and you are hereby notified to designate
and set apart your homestead from the remainder of the lands owned
by you. Should you fail to do so within ten days from service hereof,
1 will proceed according to law to have such partition and designation
made.
Sheriff of County.
R. S. Art. 2408 (2348).
No. 240.
DESIGNATION OF HOMESTEAD BY COMMISSIONERS.
The State of Texas, County of
Know all men By these presents, that, whereas, on the .... day of
........ A. D. 19. .j the undersigned, , and
' , were summoned by , Esq., sheriff of
County, who held an execution issued out of the court of
County on the .... day of , A. D. 19 . . , against
in favor of , to designate the homestead of the said
, we, the commissioners aforesaid, have designated and
partitioned the homestead of the said from the remainder
of his lands as follows: A certain tract or. parcel of land situated in
County, Texas, a part of the survey originally granted to
, comprising two hundred acres of land, with metes and
bounds as follows, to wit : (here give the metes and bounds of
Form Book — 12.
178 TEXAS CIVIL FORM BOOK.
said land). The said designation as made by us is fair and just to the
hest of our judgment and belief.
Witness our hands this the .... day of , A. D. 19. .
Sworn to and subscribed before me, this the day of , A. D.
19..
(Seal.)
R. S. Art. 2418 (2358).
The three commissioners selected by the sheriff or constable shall be
disinterested freeholders of the county, neighbors of the defendant in
execution.
EXECUTION.
No. 241.
EXECUTION FOR MONEY.
The State of Texas. To the Sheriff or any Constable of
County — Greeting :
AVhereas, on the .... day of , A. D. 19. ., before me, a justice
of the peace of the county of , precinct No. 4, recovered a
judgment against for the sum of dollars and all costs
of suit
Therefore, you are hereby commanded, that of the goods and chattels,
lands and tenements of said you cause to be made the said
pum of dollars, with interest thereon from the .... day of
, A. D. 19. . , at the rate of .... per cent per annum, together
with the sum of dollars, costs of suit, and the further costs of
executing this writ.
Herein fail not, and have you the said moneys, together with this
writ, at my office in precinct No , County, within sixty
days from the date thereof.
(liven under my hand this .... day of .* , 19. .
Justice of the Peace, Precinct No , County, Texas.
TEXAS CIVIL FORM BOOK.
179
BILL OF COSTS.
JUSTICES' FEES.
Dolls.
Cts.
CONSTABLE'S FEES.
Dolls.
Cts.
Serving Citation
Issuing . citations
Serving .... Garnishment
Issuing Subpoenas (names)
Levying .... Writ of attach-
ment
Issuing. . . .venire
Taking . . Bond
Serving. . . .Writ of sequestra-
tion
Writ of attachment
Serving notice interrogato-
ries
Writ of garnishment
Serving subpoena . ...
Taking bond
Entering Continuance
Taking bond of indemnity.
Entering Order
Taking bond of replevin
Entering. . . . Nonsuit
Copy interrogatories
Summoning jury
Executing writ of possession
and notice
Levving execution
Copy interrogatories
and commission *
Advertising sale
Certificate
Taking delivery bond . .
Taking Oaths
Indorsing forfeiture of bond
Filing papers . . .....
Taking rare of property
Taking depositions
Swearing Witnesses
Making title to purchaser.
Impaneling jury . . . '
Commission on sale
Recording verdict
Returning execution
Entering final judgment
Mileage
Entering new trial
Ketiirnins' nrrler of salr»
BILL, OF COSTS — continued.
JUSTICE'S FEES.
Dolls.
Cts.
CONSTABLE'S FEES.
Dolls.
CtB.
Taking appeal bond
Returning alias citation
Transcript of docket
Returning alias execution
Issuing execution
Total amount of constable's
Recording return Execution.
cost . . $
Acknowledgment for stay ....
Total amount J. P. cost. .$
,
Taxing costs and copy
Postage
Jury fees
Order of sale
Alias citation
Alias execution
Witness fees $
Total costs $
R. S. Arts. 2338 (2281). 2327 (2270), 1658 (1628).
No. 242.
INDORSEMENT ON BACK OF EXECUTION.
Execution. — No In Court, County,
Texas vs Fi. Fa. Judgment ,
19. . For .... fees, $....: for sheriff's fees, $....; for witness' fees,
$ ;$ Issued day of „ A. D. 19 ,
Justice of the Peace.
If the judgment commands the sale of particular property for the sat-
isfaction thereof, the writ shall be framed accordingly; if for the de-
livery of the possession of real or personal property, the writ shall
180 TEXAS CIVIL FORM BOOK.
require the officer to deliver the possession of the same, particularly
describing it, to the party entitled thereto, and may at the same time
require the officer to satisfy any costs, damages or rents and profits re-
covered by the same judgment, out of any property subject to execution
of the party against whom it is rendered ; if for the recovery of personal
property or its value, the writ shall command the officer, in case delivery
thereof cannot be had, to levy and collect the value thereof for which
ihe judgment was recovered, to be specified therein, out of any property
of the party against whom the judgment was rendered, liable to the
execution. When an alias or pluries execution is issued, it shall show
upon its face the number of previous executions which have been issued
on the judgment.
R. S. Art. 2338 (2281).
The execution shall be returnable to the first day of the next term of
the court, or in thirty, sixty or ninety days, if so directed by the plain-
tiff, his agent or attorney.
R. S. Art. 2339 (2282).
The officer receiving an execution shall indorse thereon the exact hour
and day when he received it, and if he receives more than one on the
same day against the same person, he shall number them as received,
and failing so to do, he and his sureties shall be liable in damages, etc.
R. S. Art. 2340 (2283).
How execution may issue on judgment after death, etc., see
R. S. Arts. 2329-2333 (2272-2276). '
To what county execution shall issue, when.
R. S. Arts. 2335-2337 (2278-2280).
No. 243.
ALIAS EXECUTION— JUSTICE COURT.
The State of Texas. To the Sheriff or any Constable of
County — Greeting :
Whereas, , plaintiff. ., on the day of ,19. .,
before me, a justice of the peace, precinct No for the county of
, Texas, recovered a judgment against , defend-
ant. ., for the sum of dollars, together with all costs of suit,
which said defendant is now entitled to pay. And whereas, a fieri facias
thereon issued to the sheriff or any constable of . County, Texas,
on the day of , 19 . ., and was returned as follows
(here state the return of the officer) :
TEXAS CIVIL FORM BOOK.
18.1
Now therefore you are hereby commanded, as you have been two
times heretofore commanded, that of the goods and chattels, lands and
tenements of the said , defendant . . , you cause to be made
the sum of dollars, with interest thereon from the .... day of
, 19 . . , at the rate of ... .per cent per annum until paid, together
with the sum of dollars, cost of suit ; also the costs of executing
this writ.
Herein fail not, and have you the said moneys, together with this writ,
with your return thereon showing how you have executed the same, at
my office in precinct No , county of . . . .,. • • -, within sixty days
from the date hereof.
Given under my hand this .... day of , 19 . .
Justice of the Peace, Precinct No . . . . , County.
R. S. Art. 2338 (2281).
BILL OF COSTS.
JUSTICE'S COSTS.
Dolls.
Cts.
CONSTABLE'S COSTS.
Dolls.
Cts.
Alias citation
Bill of sale to purchaser
Attachment
Citation
Care of property
Acknowledging ^tay
Deed
Bond
Executing writ of possession
Garnishment. .
Certificate and oath
Levying execution
Certificate
Levying attachment
Commission on deposition
Levying writ of sequestration
Citation .... Copies
Making money by sale . .
Docketing
Mileage .... \files
Execution and return
Order of sale
Return execution
Filing . papers, each
Summoning jury
Garnishment
Serving notice.
Judgment by default
Subpoena
Judgment final . ....
Taking bond. .
Jury fees
Taking bond of indemnity
Interlocutory judgment
Taking bond of replevy
New trial
Without sale
Nonsuit .
Order
Swearing Witnesses . ."
Sequestration
SubpcBna
Transcript
Taxing costs and bill . .
Taking Depositions
Transcript of docket
Takin»r appeal bond
Venire
Writ of restitution
Witness fees
Total costs
182 TEXAS CIVIL FORM BOOK.
No. 244.
EXECUTION FOR PERSONAL PROPERTY OR ITS VALUE.
The State of Texas. To the Sheriff or any Constable of .'
County — Greeting :
Whereas, on the .... day of , A. D. 19 . ., recov-
ered a judgment in the Court of , against ,
for the title and possession of the following described personal property,
or its value as hereinafter stated in case delivery cannot be had, to wit:
(here describe said property, and the value of each article), and
also for the sum of dollars, with interest thereon from the ....
day of , A. D. 19. ., at . . . . per cent per annum, and all costs of
suit, as of record is manifest,
Therefore you are hereby commanded to seize the above described
property and deliver possession of the same to the said ,
but in case said property, or any part thereof, cannot be found, so that
a delivery thereof cannot be made, then of the goods and chattels, lands
and tenements of the said cause to be made the value
thereof, as above specified, and also said sum of dollars, and in-
terest as aforesaid, together with the sum of dollars, costs ad-
judged against the said , and also the further costs of
executing this writ.
Herein fail not, and have you the said moneys, together with this writ,
before said court, at the courthouse thereof in the town of , on
the .... Monday in next, being the day of . . . . , A. D. 19 . .
Witness , Clerk of the Court of County.
Given under my hand and the seal of said court, at office in the town
of , this the day of , A. D. 19. .
Clerk of Court, County.
Issued this .... day of , A. D. 19. .
Clerk of Court, . County.
R. S. Art. 2338 (2281).
No. 245.
EXECUTION FOR THE DELIVERY OF PROPERTY.
The State of Texas. To the Sheriff or any Constable of
County — Greeting:
Whereas, on the .... day of , A. D. 19. ., recov-
ered a judgment in the Court of County against
for the title and possession of the following described
property, to wit: (here describe the property), and for the
TEXAS CIVIL FORM BOOK. 183
sum of .... dollars, with interest thereon from the .... day of ,
A. D. 39. ., at .... per cent per annum, and all costs of suit, as of
record is manifest:
Therefore you are hereby commanded to seize the above described
property, and deliver possession of the same to the said ,
and of the goods and chattels, lands and tenements of the said
cause to be made said sum of dollars, and interest as aforesaid,
together with the sum of dollars, costs adjudged against the said
, and also the further costs of executing this writ.
Herein fail not, and have you the said moneys, together with this writ
before said court, at the courthouse thereof in the town of , on
the . . . Monday in next, being the . . . day of , A. D. 19. .
Witness , Clerk of the Court of County.
Given under my hand and the seal of said court, at office in the town
of , this the day of , A. D. 19 . .
Clerk of Court, County.
Issued this .... day of , A. D. 19. .
Clerk of Court, County.
R. S. Art. 2338 (2281).
Where the judgment is for personal property, and it is shown by the
pleadings and evidence, and the verdict, if any, that such property has
.an especial value to the plaintiff, the court may award a special writ for
the seizure and delivery of such property to the plaintiff, and the court
may, in addition to the other relief granted in such case, enforce its
judgment by attachment, fine and imprisonment.
R. S. Art. 1339 (1339).
Process in the nature of an execution which requires only the delivery
of real or personal property may be issued at the same time to different
•counties.
R. S. Art. 2337 (2280).
No. 246.
EXECUTION AND ORDER OF SALE.
The State of Texas. To the Sheriff or any Constable of .-
County — Greeting :
Whereas, on the .... day of , A. D. 19. ., recov-
ered a judgment in the Court of County against
, for the sum of dollars, with interest thereon from
the .... day of , A. D. 19 . ., at . . . . per cent per annum, and all
costs of suit, with a foreclosure of a lien on the following described
property, to wit : (here describe said property), as it existed
]84 TEXAS CIVIL FORM BOOK.
on the .... day of , A. D. 19. ., and that said property be sold as
under execution in satisfaction of said judgment:
Therefore, you are hereby commanded that you seize the above de-
scribed property and sell the same as under execution. And should
the proceeds of said sale be insufficient to satisfy said judgment, inter-
est and costs of suit, and the further costs of executing this writ, then
of the goods and chattels, lands and tenements of the said ,
you will cause to be made said sum of money then remaining unpaid.
Herein fail not, and have you the said moneys, together with this
writ, showing how you have executed the same, before said court, at the
courthouse thereof in the town of , on the . . . Monday in
next, the same being the .... day of , A. D. 19. ., (or in thirty,
sixty or ninety days, if so directed by the plaintiff).
Witness , Clerk of the Court of
County.
Given under my hand and the seal of said court, at office in the town
of , A. D. 19..
Clerk of Court, County.
Issued this .... day of , A. D. 19 . .
Clerk of Court, County.
R. S. Art. 2338 (2281).
The several items of the bill of costs to be collected under the execu-
tion shall be indorsed thereon in intelligible words and figures.
Art. 2338 (2281).
If execution is not issued within twelve months after the rendition of
a judgment in any court of record, the judgment shall become dormant,
and no execution shall issue thereon unless such judgment be revived;
but where the first execution has issued within the twelve months the
judgment shall not become dormant unless ten years shall have elapsed
between the issuance of executions thereon, and execution may issue at
any time within ten years after the issuance of the preceding execution.
R. S. Art. 2326a.
Execution may issue after the expiration of twenty days after the ren-
dition of a final jiulgment in the district or county court, and after the
overruling of any motion therein for a new trial or in arrest in judg-
ment, if no supersedeas bond on appeal or writ of error has been filed
and approved.
R. S. Art. 2325 (2268).
Execution shall issue on the eleventh day after a final judgment in
the justice court, if the case has not been appealed, and no stay of exe-
cution has been granted.
R. S. Art. 1661 (1631).
TEXAS CIVIL FORM BOOK. 185
No. 247.
DELIVERY BOND IN EXECUTION,
vs. . . No. In . . Court of .
County.
Whereas, by virtue of a writ of execution issued out of the justice
court of precinct No. . ., in and for the county of , on the ....
day of , A. D. 19. ., upon a certain judgment rendered in said
court, on the .... day of , A. D. 19 . ., in favor of ,
plaintiff, against , defendant, , the sheriff of
said county of , did, on the . . . day of , A. D. 19 . ., seize
and take possession of the following described property of said defend-
ant, to wit: (here describe the property), which by said sheriff
has been appraised at dollars, which is the fair value thereof, and
has, at the request of said defendant, been returned to him by said
sheriff : Now therefore we, , as principal, and . . ,
and , as sureties, acknowledged ourselves bound to said
, plaintiff, for the delivery of said property to said
, sheriff, as aforesaid, at .on the .... day of
, A. D. 19. ., to be sold according to law, or for the payment to
said officer of said sum of dollars, the fair value of said property
as aforesaid.
Witness our hands this the .... day of , A. D. 19. .
Approved .... day of , A. D. 19 ..
Sheriff of County.
R. S. Art. 2357 (2390).
In case of nondelivery of the property according to the terms of the
bond, and nonpayment of the value thereof, the officer shall forthwith
return the bond, indorsed " forfeited," to the clerk of the court from
which execution issued ; whereupon, if the judgment remains unsatis-
fied in whole or in part, the clerk shall issue execution against the prin-
cipal debtor and the sureties on the bond for the amount due, not ex-
ceeding the stipulated value of the property, upon which execution no
delivery bond shall be taken, which fact flvall be indorsed by the clerk
on the execution.
R. S. Art. 2359 (2302).
186 TEXAS CIVIL FORM BOOK.
No. 248.
EXECUTION ON FORFEITED DELIVERY BOND.
The State of Texas. To the Sheriff or any Constable of
County — Greeting :
Whereas, on the day of , A. D. 19 . ., , plain-
tiff, recovered a judgment in the Court of County.
against , defendant, for the sum of dollars, with, in-
terest thereon from the .... day of , A. D. 19 . . , at . . . . per cent
per annum, and all costs of suit, as of record is manifest, upon which
there is now due the sum of dollars, and the further sum of
dollars, costs of suit; and whereas, on the .... day of ,
A. D. 19. ., an execution was issued on said judgment, directed to the
sheriff or any constable of County, which was returned with the
following indorsement thereon, to wit : " Came to hand on the .... day
of , A. D. 19 . ., at . . . . o'clock . . m., and executed on the same
day by taking into my possession the following described personal prop-
erty of the defendant, designated by him to be levied upon, to wit:
....'.... (here describe the property), and the defendant having re-
quested the return of the property to him, and having tendered to me
his bond, with and , sureties, conditioned for
the delivery of said property to me at , on the .... day of ,
A. D. 19. ., to be sold according to law, or for the payment to me of the
fair value of said property, to wit, the sum of dollars, I returned
said property to said defendant on the .... day of , A. D. 19. .
, sheriff of County ;" and whereas, afterward,
on the .... day of , A. D. 19 . . , the said sheriff returned said
bond to the clerk of said court, indorsed " forfeited " :
Now therefore you are hereby commanded that of the goods and
chattels, lands and tenements of the said , principal debtor,
and and , sureties, you cause to be made the
said sum of dollars (the amount of the judgment, with costs,
not exceeding the stipulated value of the property), and also the further
costs of executing this writ.
Herein fail not, and have you the said moneys, together with this
writ, before said court at the courthouse of said county, in the town of
, on the .... Monday in next, being the .... day of
, A. D. 19..
Witness , Clerk of the Court of County.
Given under my hand and seal of said court, at office in the town of
thi? the day of , A. D. 19 ..
Clerk of Court, County.
TEXAS CIVIL FORM BOOK. 187
Issued this .... day of , A. D. 19. .
Clerk of Court, County.
R. S. Art. 2359 .(2302).
The clerk or justice of the peace shall indorse on the execution that
710 deliver}- bond is to be taken.
ffo. 249.
VENDITIONI EXPONAS.
The State of Texas. To the Sheriff or any Constable of
County — Greeting :
Whereas, on the .... day of , A. D. 19 . . , recov-
ered a judgment in the Court of County, against
, for the sum of .... dollars, with interest thereon from
the . . . day of , A. D. 19 . ., at . . . per cent per annum, besides the
costs in that behalf expended, as of record is manifest. And whereas,
, sheriff of County, has, by virtue of 'an execu-
tion issued upon the aforesaid judgment, levied upon certain property
of the said , of the following description, to wit:
{here describe the property levied upon): Therefore, you are hereby
commanded that you proceed according to law, and sell the above de-
scribed property as under execution, and apply the proceeds thereof to
the payment and satisfaction of the aforesaid sum of dollars,
with the interest due thereon, from the .... day of , A. D. 19. .",
at the rate of .... per cent per annum ; also, the sum of dollars
for costs of suit, wKich against the said were adjudged,
together with the further costs of executing this writ.
Herein fail not, and have the said moneys, together with this writ,
before said court, at the courthouse thereof, in the town of
on the .... Monday in next, being the .... day of ,
A.D. 19..
Witness , Clerk of the Court of
County.
Given under my hand and the seal of said court, at the office in the
town of . .' , this the day of , A. D. 19 ..
(Seal.)
Clerk of Court, County.
Tssued this .... day of A.D. 19 ..
Clerk of Court, , . County.
188 TEXAS CIVIL FOBM BOOK.
No. 250.
CERTIFICATE OF COUNTY CLERK ON EXECUTION ISSUED BY JUSTICE
OF THE PEACE.
The State of Texas, County of
I, , county clerk of County, Texas, do hereby
certify that (here give the name of the justice of the peace
issuing the execution), by whom the foregoing execution was issued,
and who has thereunto signed his name, was at the time of so doing a
justice of the peace in and for the county and State above named, duly
qualified as such ; that his official acts are entitled to full faith and
credit, and that his signature thereto is genuine.
Given under my hand and seal of office, at , Texas, this the
day of . ., A. D. 19..
(Seal.)
County Clerk County, Texas.
R. S. Art. 1663 (1633).
Where an execution from a justice court is sent to a county other than
that in which the judgment was rendered, it shall be accompanied by
said certificate of the countv clerk.
No. 251.
CLERK'S CERTIFICATE OF OFFICIAL CHARACTER.
The State of Texas, County of
I, , clerk of the County Court of said county (which is
a court of record), do hereby certify that , whose name is
subscribed to the annexed , was at the date of the same, and is
now a (here give the official character) in and for said county,
duly commissioned and qualified, and authorized by law to administer
oaths and take acknowledgments of instruments, and full faith and
credit are due to all his official acts as such.
And I do further certify, that the signature attached to the annexed
is his proper signature, and is genuine.
In witness whereof, I have hereunto set my hand and affixed the seal
of the said County Court, at my office in \ this day of
, A. D. 19..
Clerk County Court, County, Texas.
By , Deputy.
TEXAS CIVIL FORM BOOK. 189
No. 252.
NOTICE OF LEVY OF EXECUTION TO PART OWNER.
The State of Texas, County of To
You are hereby notified, that by virtue of an execution lately issued
by , a justice of the peace in and for said county, in favor
of , against , No on the docket of said
court, I have this day levied on as the property of ,
defendant, a half interest in (here describe the property),
valued by me at the sum of dollars, same being now in your pos-
session, as part owner thereof.
Witness my hand this the .... day of , A. D. 19. .
Constable of County, Texas.
R. S. Art. 2349 (2292).
No. 253.
RETURN UPON AN EXECUTION OF SALE OF STOCK RUNNING IN THE
RANGE.
Came to hand on this the .... day of , A. D. 19. ., at ....
o'clock . . m., and executed at , in County, Texas, on
the .... day of , A. D. 19 . ., at .... o'clock . . m., by levying
the same upon, as the property of , defendant, head of
stock cattle, running at large on the range in County, Texas,
and bearing the mark of (here give the mark) and branded as
follows (here give the brand), valued by me at the sum of
dollars. Said levy was made in the presence of
and , credible persons, and the said , defend-
ant, has been by me duly notified in writing of said levy. And after-
ward, on the .... day of , A. D. 19 . . , I advertised the same for
sale at , on the .... day of , A. D. 19. ., by written ad-
vertisement posted for ten days successively at three public places in the
county of , one of which was at the courthouse door of said
county, and one at , the place of sale. And on said .... day of
, A. D. 19. ., at , pursuant to said advertisement, I sold
said above described cattle to , to whom the same was
struck off for the sum of dollars, that being the highest sum bid
for the same. And the said having paid the sum so bid by
him, the said cattle were sold and delivered to him. The distance
actually traveled in the execution of such process is .... miles.
Sheriff of County, Texas.
R. S. Art. 2350 (2293).
190 TEXAS CIVIL FORM BOOK.
No. 254.
NOTICE OF LEVY OF EXECUTION OF STOCK RUNNING IN THE RANGE.
The State of Texas, County of To
You are hereby notified that by virtue of an execution lately issued
out of the Court of County, Texas, in favor of
, against you, No on the docket of said court, I have
this day levied on, as your property, head of stock cattle running
at large on the range in said county, bearing the mark of
(here give the mark), and the brand of (here give the brand).
Witness my hand this the .... day of , A. D. 19. .
Sheriff of County, Texas.
R. S. Art. 2350 (2293).
No. 255.
RETURN UPON AN EXECUTION OF SALE UPON THE INTEREST OF
PARTNER.
Came to hand on the .... day of , A. D. 19. ., at . . o'clock
. . in., and executed on the . . . day of , A. D. 19 . ., at . . o'clock
. . m., by levying the same upon the interest of r
defendant, in the property belonging to the firm of , of
County, Texas, by leaving a notice thereof, at , in
County, Texas, with a member of said firm. And
afterward, on the .... day of ...... A. D. 19. ., advertised the same for
sale at , on the .... day of , A. D. 19. ., by written adver-
tisement posted for ten days successively at three public places in the
county of , one of which was at the courthouse door in said
county, and one at , the place of sale. And on said .... day of
, A. D. 19. ., pursuant to said advertisement, I sold said interest
of the said , defendant, in the said property belonging to-
the firm of , of County, Texas, to , at
, to whom the satne was struck off for the sum of dollars,.
that being the highest sum bid for the same. And the said
having paid the sum so bid by him, the same was sold and delivered to
him. The distance actually traveled in the execution of such process is-
. miles.
Sheriff of County, Texas.
R. S. Art. 2352 (2295).
A levy upon the interest of a partner in partnership property is made
by leaving a notice with one or more of the partners, or with a clerk of
TEXAS CIVIL FORM BOOK. 191
the partnership. Sale of real estate under execution must be published
in a newspaper.
28th Leg., Reg. Ses., p. 104.
A levy on the stock of any corporation or joint-stock company is made
by leaving a notice thereof with any officer of such company.
R. S. Art. 2351 (2294).
No. 256.
NOTICE OF CONSTABLE'S SALE OF PERSONAL PROPERTY.
The State of Texas, County of
By virtue of an execution issued out of the honorable Court
of County, on the .... day of , A. D. 19. ., by the justice
of peace, in the case of versus No ,
and to me, as constable, directed and delivered, I will proceed to sell,
within the hours prescribed by law for constable sales on , the . . .
day of , A. D. 19. ., at , in County, the follow-
ing described property, to wit : (here describe the property)
levied on as the property of to satisfy a judgment amount-
ing to $ in favor of and costs of suit.
Given under my hand this .... day of , A. D. 19. .
Constable, Precinct No , County.
By , Deputy.
Notice shall be given for ten days successively of the time and place
of the sale of any personal property, by posting up written or printed
notices thereof in three public places in the county, one of which shall
be at the courthouse door of the county and one at the place where the
sale is to be made.
R. S. Art. 2371 (2312).
No. 257.
RETURN UPON AN EXECUTION OF SALE OF PERSONAL PROPERTY.
Came to hand the .... day of , A. D. 19. ., at .... o'clock
. . m., and executed on the . . . day of , A. D. 19. ., at . . . . o'clock
. . m., at ....'...., in County, Texas, by taking into my pos-
session the following described property of the defendant, pointed out
by said defendant, viz: (here describe the property). And
afterward, on the .... day of , A. D. 19. ., advertised the same
for sale at , on the .... day of , A. D. 19 . ., by written
advertisement posted for ten days successively at three public places in
the county of ....-.., one of which was at the courthouse door of said
192 TEXAS CIVIL FORM BOOK.
county, and one at , the place of sale. And on said .... day of
, A. D. 19. ., at , pursuant to said advertisement, the
said property being then and there present and subject to the view of
the persons attending the sale, I sold the said property to ,
to whom the same was struck off for the sum of .... dollars, that being
the highest sum bid for the same. And the said having
paid the sum so bid by him, the said property was delivered into his
possession. The distance actually traveled in the execution of such
process is .... miles.
Sheriff (or Constable) of County.
R. S. 2349-2372 (2292-2313).
No. 258.
RETURN UPON AN EXECUTION OF SALE OF PERSONAL PROPERTY IN
POSSESSION OF PART OWNER.
Come to hand on this the . . . day of , A. D. 19. ., at . . . o'clock
. . m., and executed on the . . . day of , A. D. 19. ., at . . . o'clock
. . m., at , in County, Texas, by levying the same upon
as the property of , defendant, a half interest in
(here describe the property), valued by me at the sum of dollars,
same being in the rightful possession of , part owner
thereof, of which the said has been duly notified. And
afterward, on the .... day of , A. D. 19. ., advertised the same
for sale at , on the .... day of , A. D. 19 . ., by written
advertisement posted for ten days successively at three public places in
the county of , one of which was at the courthouse door of said
county, and one at , the place of sale. And on said .... day of
, A. D. 19. ., at , pursuant to said advertisement, I sold
said half interest in said property to , to whom the same
was struck off for the sum of dollars, that being the highest sum
bid for the same. And the said having paid the sum so
bid by him, the said half interest in said property was conveyed and
delivered to him. The distance actually traveled in the execution of
such process is .... miles.
Constable of County.
R. S. Art. 2349 (2292).
A levy upon personal property is made by taking possession thereof,
when the defendant in execution is entitled to the possession ; where the
defendant in execution has an interest in personal property, but is not
entitled to the possession thereof, a levy is made thereon by giving notice
thereof to the person who is entitled to the possession, or one of them
when there are several.
TEXAS CIVIL FORM BOOK. 193
No. 259.
RETURN UPON AN EXECUTION OF SALE OF REAL ESTATE BY PUBLI-
CATION.
Came to hand the .... day of , A. D. 19 . ., at . . . o'clock . .in.,
and afterward, to wit, on the .... day of , A. D. 19. ., at ....
o'clock . . m., being unable to find any personal property or uncultivated
lands in my county belonging to the defendant, , and the
defendant neglecting to point out other property, at , in
County, Texas, I levied the within writ on the following
described cultivated land belonging to the said defendant, to wit
'(here describe said land). And afterward, on the .... day of
A. D. 19. ., I advertised said land for sale at the courthouse door of
the county of , in the State of Texas, on the .... day of ,
A. D. 19. ., being the first Tuesday of said month, by having a notice
of said sale published in the English language once a week for three
consecutive weeks preceeding such sale in the , a newspaper
published in the county of before said sale, to wit, on the
. . . ., .... and .... days of , A. D. 19 . ., the first of such pub-
lications being not less than twenty days immediately preceding the day
of sale, and also delivered to the defendant a copy of said notice in
writing of such sale (or if defendant is a nonresident of the county,
that a copy of said notice was mailed to him, directed to him at his
postoffice) , and mailed a copy of the same to , his attorney
of record, and I herewith return a printed copy of said notice. And on
said .... day of , A. D. 19. ., between the hours of 10 o'clock
a. m. and 4 o'clock p. m., at the courthouse door of said county, I sold
said property at public sale to , to whom the same was
struck off for the sum of dollars, that being the highest secure
bid for the same ; and the said having paid the sum so bid
by him, I executed to him a deed for said land. The distance actually
traveled in the execution of such process is .... miles.
Sheriff of County, Texas.
Art. 2367 (1895) repealed and Art. 2366 (2309) amended by 28th Leg., Reg.
Ses., p. 104 (1903).
No. 260.
NOTICE OF SALE OF REAL ESTATE UNDER EXECUTION.
EXECUTION SALE.
State of Texas, County of . In the Court of
County, Texas , Plaintiff, vs , Defendant.
Whereas, by virtue of an execution issued out of the Court of
County, Texas, on a judgment rendered in said court on the
Form Book — 13.
194 TEXAS CIVIL FORM BOOK.
day of , A. D. 19 . . , in favor of the said and
against the said , No on the docket of said court, I
did, on the ... day of , A. D. 19. ., at . . . o'clock, .m., levy upon
the following described tracts and parcels of land situate in the county
of , State of Texas, and belonging to the said ,
to wit: (here give a brief description of the property to be
sold, giving the number of acres, original survey, locality in the county,
and the name by which the land is most generally known, but it shall not
be necessary for it to contain field notes; if under an order of sale on
the foreclosure of a mortgage or other lien, describe the property as it is
described in the judgment and order of sale) ; and on the .... day of
A. D. 19 . . , being the first Tuesday of said month, between the
hours of 10 o'clock a. m. and 4 o'clock p. m. on said day, at the court-
house door of said county, I will offer for sale and sell at public auction,
for cash, all the right, title and interest of the said in and
to said property.
Dated at , this the day of , A. D. 19. .
Sheriff of County, Texas.
R. S. Art. 2367 repealed and Art. 2366, of 1895, amended by the
28th Leg., Reg. Ses., 1903, page 104 : Said notice shall be published in
the English language once a week for three consecutive weeks preceding
such sale in some newspaper, published in said county. The first of said
publications shall appear not less than twenty days immediately pre-
ceding the day of sale. If there be no newspaper published in the
county or none the publisher of which will publish the notice of sale
for the compensation fixed by law, not exceeding the sum of five dollars,
the officer shall then post such notice in writing in three public places in
the county, one of which shall be at the courthouse door of such county,
for at least twenty days successively next before the day of sale. Writ-
ten notice of such sale must be given to the defendant or his attorney
either in person or by mail. But this article does not affect the method
of advertising land under powers conferred by any deed of trust or other
contract lien.
No. 261.
RETURN UPON AN EXECUTION OF SALE OF REAL ESTATE BY POSTING.
Came to hand the ... day of , A. D. 19. ., at o'clock . .m.,
and afterward, to wit, on the .... day of , A. D. 19. ., at . . . .
o'clock . .m., being unable to find any personal property or uncultivated
lands in my county belonging to the defendant, and the defendant
neglecting to point out other property, I levied the within writ on the
following described cultivated land belonging to the defendant
(here describe said land). And afterward, on the .... day of ,
TEXAS CIVIL FORM BOOK. 196
A. D. 19. ., advertised the same for sale at the courthouse door of the
county of , on the . . . day of , A. D. 19 . ., being the first
Tuesday of said month, by written advertisement posted for twenty days
successively next before the said day of sale, at three public places in
the county of , one of which was at the door of the courthouse
of said county; and also delivered to the defendant a copy of said notice
(or if he is a nonresident of the county, " that a copy of the notice was
mailed to him, directed to him at his postoffice"), and mailed a copy of
the same to , his attorney of record.
And on said . . . day of , A. D. 19. ., between the hours of 10
o'clock a. m. and 4 o'clock p. m., at the courthouse door of said county,
I sold said property at public sale to , to whom the same-
was struck off for the sum of .... dollars, that being the highest secure
bid for the same; and the said having paid the sum so bid
by him, I executed to him a deed for said land. The distance actually
traveled in the execution of such process is miles.
Sheriff of . ., County, Texas.
R. S. Art. 2366 (2309) amended by 26th Leg., Reg. Ses., p. 104 (1903).
Real property taken by virtue of any execution shall be sold at public
auction, at the courthouse door of the county, on the first Tuesday of
the month, between the hours of 10 o'clock a. m. and 4 o'clock p. m.
R. S. Art. 2360 (2303).
Several lots, tracts or parcels of land situated in any town or city,
shall each be sold separately, unless the same be not susceptible of a
separate sale by reason of the character of the improvements thereon.
R. S. Art. 2362 (2305).
If the property levied on does not sell for enough to satisfy the execu-
tion the officer shall proceed anew, as in the first instance.
R. S. Art. 2374 (2315).
Xotice shall be published, if there be a newspaper in the county that
will publish it for the compensation allowed.
R. S. Arts. 2366-2367 (2309).
If no property be designated, or if an insufficient amount of property
be designated, levy shall be made in the following order: 1. On per-
sonal or movable property. 2. On uncultivated lands; and 3. Upon
cultivated lands.
R. S. Art. 2345 (2288).
196 TEXAS CIVIL FORM BOOK.
No. 262.
AFFIDAVIT FOR STAY OF EXECUTION.
vs No. .... In Justice's Court of Pre-
cinct No , County, State of Texas.
Now comes the defendant in the above styled and num-
bered cause, wherein judgment was rendered against the said
on the .... day of , A. D. 19. ., for the sum of dollars, to
bear interest at the rate of ... per cent from date, and on oath says that
he has not the money with which to pay said judgment, and that the
enforcement of the same by execution prior to three months would be
a hardship upon him and would cause a sacrifice of his property which
would not likely be caused should said execution be stayed.
Wherefore prays for a stay of execution as provided by
law, for three months from the date of said judgment.
Sworn to and subscribed before me, this the day of
A. D. 19..
Justice of the Peace, Precinct No , County, Texas.
R. S. Art. 1666 (1636).
No. 263.
STAY BOND IN EXECUTION.
vs No In Justice's Court of Pre-
cinct No , County, Texas.
Know all men by these presents, that whereas, on the day of
, A. D. 19. ., in the above styled and numbered cause, judgment
was rendered in favor of against for the sum
of dollars, to bear interest from date at the rate of ... per
cent per annum. And whereas filed his affidavit in writing
as provided by law, and has applied for a stay of execution for three
months from the date of such judgment:
Now therefore we, the undersigned , as principal, and
and , as sureties, acknowledge ourselves
jointly and severally bound to , for the full amount of
said judgment, with interest and costs.
Witness our hands this .... day of , A. D. 19 ...
Approved this .... day of , A. D. 19. .
Justice of the Peace, Precinct No , County.
R. S. Art. 1666 (1636).
TEXAS CIVIL FORM BOOK. 197
No. 264.
ORDER GRANTING STAY OF EXECUTION.
vs No In Justice's Court of Pre-
cinct No , County, Texas.
Whereas, on the .... day of , A. D. 19. ., at a regular term of.
my court held in and for precinct No , of said county,
recovered judgment against in the above entitled and num-
bered cause, for the sum of dollars and costs of suit ; and whereas,
the said has this day filed with me his affidavit in writing
that he has not the money with which to pay said judgment, and that
the enforcement of the same by execution prior to three months from,
the date of such judgment; and whereas, the said and
and , as sureties, have this day appeared be-
fore me and acknowledged themselves jointly and severally bound to pay
, , three months from the date of said judgment, the full
amount of said judgment, with interest and costs, it is therefore consid-
ered by the court that a stay of execution of said judgment is hereby-
granted the said , for three months from the date of said.
judgment.
Witness my hand officially this .... day of , A. D. 19. .
Justice of the Peace, Precinct No , County.
EXECUTORS.
•
No. 265.
APPLICATION FOR PROBATE OF WILL PRODUCED IN COURT AND FOR
LETTERS TESTAMENTARY.
The State of Texas, County of Estate of , De-
ceased. In County Court of County, Texas,
Term, A. D. 19 ...
To the Honorable County Court in and for said County :
Now comes your petitioner, , and respectfully shows to
the court that he resides in County, Texas; that
is dead; that he died on or about the .'. . . day of , A. D. 19. ., at
., in the county of , State of Texas; that said deceased
at the time of his death was a resident of the county of , in the
State of Texas. [Or here state such other grounds showing jurisdiction
of the court as given in E. S. Art. 1843 (1792).]
That at the time of his death the said was seized and
possessed of real and personal property of the probable value of
dollars, and left a written will, duly executed and herewith filed, in
which your petitioner was appointed executor.
198 TEXAS CIVIL FORM BOOK.
That your petitioner is not disqualified by law from accepting letters
testamentary.
Wherefore your petitioner prays the court that citation be issued to
all parties interested in said estate as required by law, that said will be
admitted to probate, that letters testamentary be issued to your peti-
tioner, and that such other and further orders be made as to the court
may seem proper.
R. S. Art. 1884 (1831).
Where the executor named in the will shall neglect to accept and
qualify within twenty days after the probate of the will, or shall neglect
for a period of thirty days after the death of the testator to present the
will for probate, then administration with the will annexed to the estate
of such testator shall be granted, should administration appear to be
necessary.
R. S. Art. 1912 (1859).
Application must be filed within four years after the death of the tes-
tator or intestate, except citizens of this State who have suffered losses
by Indian depredations, or by the occupation or taking of their property
by troops enlisted in or belonging to the United States army.
R. S. Art. 1880 (1895) amended by 26th Leg., Reg. Ses., p. 244 (1903).
No. 266.
APPLICATION FOR PROBATE OF WILL WHICH CANNOT BE PRODUCED
IN COURT.
The State of Texas, County of . Estate of , De-
ceased. In County Court of County, Texas,
Term, A. D. 19 . .
To the Honorable County Court in and for said County:
Now comes your petitioner, , and respectfully shows to
the court that he resides in County, Texas; that
is dead; that he died on or about the day of , A. D. 19. ., at
, in the county of , State of Texas; that said deceased
at the time of his death was a resident of the county of , in the
State of Texas. [Or here state such other grounds showing jurisdiction
of the court as given in E. S. Art. 1843 (1792).]
That at the time of his death the said was seized and
possessed of real and personal property of the probable value of
dollars, and left a written will, duly executed and herewith filed, in
which your petitioner was appointed executor.
That your petitioner is not disqualified by law from accepting letters
testamentary.
That said will was soon after the death of the said
accidentally destroyed, and cannot now be produced in court.
TKXAS CIVIL FORM BOOK. 199
That the contents of said will, as far as known, are as follows: (hero
give the provisions of the will).
That said will was dated on, the .... day of , A. D. 19. ., and
was executed in the presence of and , cred-
ible witnesses above the age of fourteen years, who subscribed their
names thereto as witnesses in the presence of said testator.
That the said , deceased, left surviving him his wife
, and two children, and , who
are under twenty-one years of age, his sole heirs at law, all of whom
reside in the County, Texas.
Wherefore your petitioner prays the court that citation be issued to
all persons interested in said estate as required by law and to the heirs
of said , deceased, herein named, that said will be admitted
to probate, that letters testamentary be issued to your petitioner, and
that such other and further orders be made as to the court may seem
proper.
Sworn to and subscribed before me, this the .... day of , A.
D. 19..
R. S. Art. 1886 (1833).
No. 267.
APPLICATION FOR THE PROBATE OF A NUNCUPATIVE WILL.
The State of Texas, County of Estate of , De-
ceased. In County Court of County, Texas.
...; Term, A. D. 19 ...
To the Honorable County Court in and for said County:
Now comes your petitioner, , and respectfully shows to
the court that Re resides in County, Texas; that
is dead; that he died on or about the .... day of , A. D. 19. ., at
, in the county of . , State of Texas; that said deceased
at the time of his death was a resident of the county of , in tho
State of Texas. [Or here state such other grounds showing jurisdiction
of the court as given in R. S. Art. 1843 (1792).]
That at the time of his death, the said was seized and
possessed of personal property of the probable value of dollars.
That on the day of , A. D. 19 . ., the said , at
his usual habitation in said county of , then being years
of age and of sound mind, but languishing under a dangerous illness,
made his last will and testament, in the manner. and form of a nun-
cupative will, and, by uttering certain testamentary words in the pres-
ence of witnesses then in attendance, did bequeath his estate as follows:
(Here give the testamentary words.)
200 TEXAS CIVIL FOBM BOOK.
That at and before the time of uttering the said testamentary words,
the said testator called upon , then present, to notice and
bear testimony that what he was about, to say was his will, and said
testator did then and there, in the presence of ,
and , who reside in the county of , and others
then present, utter the very testamentary words above cited.
That on the day following, to wit, the .... day of , A. D. 19. .,
the said , and , reduced the
said testamentary words to writing. That the said testator afterward,
on said .... day of , A. D. 19. ., and during said illness, died
without revoking or altering said nuncupative will.
That your petitioner was appointed executor in said will and is not
disqualified by law from accepting letters testamentary.
That said , deceased, left surviving him his wife
;...., and one son, , his sole heirs at law, who
reside in County, Texas. Wherefore your petitioner prays the
court that citation be issued to all persons interested in said estate, and
to the said and ., and that said will be ad-
mitted to probate, and such other and further orders be made as to the
court may seem proper.
Sworn to and subscribed before me, this .... day of , A. D. 19 ...
R. S. Art. 1887 (1834).
No. 268.
SUBPCENA FOR THE PRODUCTION OF A WILL.
To the Sheriff or any Constable of County — Greeting :
You are hereby commanded that you summon , if to be
found in your county, to be and appear before the County Court of
, to be holden at the courthouse thereof in the town of
• ; , on the day of , A. D. 19 . ., and that he bring with
him the last will of , deceased, if the same be in his
possession.
Given under my hand this .... day of , A. D. 19. ..
Witness :
Clerk of said Court.
R. S. Art 1857 (1805).
TEXAS CIVIL FORM BOOK. 201
No. 269.
CONTEST OF WILL.
The State of Texas, County of Estate of , De-
ceased. In County Court of County, Texas,
Term, A. D. 19.. .
To the Honorable County Court of said County :
Now comes , of County, Texas, and files this
his objections and opposition to the will of , deceased, now
pending before this court for probate, at this term of the court, as fol-
lows, to wit:
First. That the said , deceased, at the time of making
said pretended will, was not of sound disposing mind and memory.
Second. Because the said will was made under an undue influence,
the said testator having been induced to disinherit this contestant by
means of divers false reports and representations to him made, by
, the principal legatee in said will named.
Third. Because the mind and memory of the said ,
deceased, at the time of making said pretended will, was exceedingly
imbecile and weak, and divers fraudulent practices were used to induce
him to make the unreasonable and unjust disposition of his estate, as
contained in said pretended will. That this contestant is an heir at law
of the said ...... deceased, and interested in said estate, all of
which he is ready to verify.
Wherefore he prays judgment of the court, etc.
R. S. Art. 1870 (1818).
No. 270.
PROOF OF WRITTEN WILL ATTESTED BY WITNESSES AND PRODUCED
IN COURT.
The State of Texas, County of Estate of , De-
ceased. In the County Court of County, Texas,
Term, A. D. 19. .
On this the .... day of , A. D. 19. ., personally appeared in
open court , who, being duly sworn, deposes and says, that
on the . . . day of , A. D. 19. ., he was present and saw
sign the instrument filed in this court on the .... day of ,
A. D. 19. ., and now shown to him, bearing date on the .... day of
, A. D. 19.., and purporting to be the last will of him, the
said , and heard him publish and declare the same to be
his last will and testament; that at the time of signing and publishing
the same, the said was over twenty-one years of age, ,ind
202 TEXAS CIVIL FORM BOOK.
of sound mind ; that this affiant and , whose signature
appears on safd instrument, on said .... day of , A. D. 19.'., then
being credible witnesses above the age of fourteen years, subscribed their
names as witnesses to the same, in the presence and at the request of
said testator, and in the presence of each other.
That afterward, on the . . . . day of , A. D. 19.., said
died in said county of , in which he had his
domicile at and before his death, and without having revoked said will,
so far as known to affiant.
Sworn to and subscribed in open court before me, this' .... day of
, A. D. 19...
R. S. Art. 1900 (1847).
Facts which must be proved.
R. S. Art. 1904 (1851).
»
All testimony shall be committed to writing, etc.
R. S. Art. 1906 (1853).
If none of the witnesses are living the will may be probated on proof
by two witnesses of the handwriting of the subscribing witnesses thereto,
and also of the testator, if he was able to write.
No. 271.
PROOF OF A WRITTEN WILL NOT PRODUCED IN COURT.
The State of Texas, County of Estate of , De-
ceased. In the County Court of County, Texas,
Term, A. D. 19 ...
On this the .... day of , A. D. 19. ., personally appeared in
open court , who, being duly sworn, deposes and says, that
on the . . . day of , A. D. 19 . ., he was present and saw
sign an instrument bearing date on the .... day of , A. D. 19. .,
and purporting to be the last will of him, the said ., and
heard him publish and declare the same to be his last will and testament ;
that at the time of signing and publishing the same, the said
was over twenty-one years of age and of sound mind; that this affiant
and , whose signature appears on said instrument, on said
.... day of ..,...., A. D. 19. ., then being credible witnesses above the
age of fourteen years, subscribed their names as witnesses to the same, in
the presence and at the request of said testator^ and in the presence of
each other.
TKXAS CIVIL FORM BOOK. 203
That afterward, on the .... day of , A. D. 19 . ., said
died in said county of , in which he had his domicile at and
before his death, and without having revoked said will so far as known
to affiant.
That afterward, on the .... day of , A. D. 19. ., affiant saw
said will in the possession of ., and read the same; that
afterward, on the same day, said will, while in possession of said
. . . ., was accidentally destroyed by fire.
That the contents of said will are substantially as follows : (here state
at length the provisions of the will.)
Sworn to and subscribed before me, in open court, this .... day of
, A. D. 19..
County Clerk of County, Texas.
R. S. Art. 1901 (1848).
If all the material facts are not within the knowledge of one witness,
the affidavit of such facts as are within the knowledge of each witness
may be made by the several witnesses separately.
A written will which cannot be produced in court, the cause of its
nonproduction must be proved, and such cause must be sufficient to
satisfy the court that it cannot by any reasonable diligence be pro-
duced, and the contents of such will must be substantially proved by
the testimony of a credible witness who has read the same or has heard
it read.
R. S. Art. 1905 (1852).
No. 272.
PROOF OF A WRITTEN WILL NOT ATTESTED BY WITNESSES, AND PRO-
DUCED IN OPEN COURT.
The State of Texas, County of Estate of , De-
ceased. In the County Court of County, Texas,
-. . . Term, A. D. 19 ...
On this the .... day of , A. D. 19. ., personally appeared in
-open court and , who, being duly sworn,
depose and say, that they personally knew , deceased, and
were well acquainted with his handwriting and signature.
That the instrument filed in this court on the .... day of ,
A. D. 19. ., and now shown to affiants, bearing date on the .... day of
, A. D. 19. ., and purporting to be the last will and testament
of said , and the signature thereto, are wholly in the
handwriting of the said
204 TEXAS CIVIL FORM BOOK.
That at the date of said instrument, said was over
twenty-one years of age and of sound mind.
That afterward, on the day of , A. D. 19.., said
died in said county of . . ., in which he had his
domicile at and before his death, and without having revoked said will,
so far as known to affiants.
Sworn to and subscribed before me, in open court, this .... day of
, A. D. 19...
County Clerk County, Texas.
R. S. Art. 1900 (1847).
If the will was wholly written by the testator it may be probated on
proof by two witnesses of his handwriting, by affidavit taken in open
court and subscribed to by the witnesses, or by deposition.
No. 273.
PROOF OF A NUNCUPATIVE WILL.
The State of Texas, County of Estate of , De-
ceased. In County Court of County, Texas,
. Term, A. D. 19 ..
On tliis the .... day of , A. D. 19. ., personally appeared in
open court , , and , who, being
duly sworn, depose and say, that on the .... day of , A. D. 19. .,.
they were present at the habitation of , deceased, in the
county of , and during his last sickness; that the said
. . . ., deceased, then and there called on said to-
take notice and bear testimony that what he was about to say was his
will; that said , deceased, did then and there, in the pres-
ence of these affiants, utter certain testamentary words, as follows:
[Here state the testamentary words set out in the will. R. S. Art. 5339
(4863).]
And affiants further say that said , at the time of mak-
ing his nuncupative will in manner and form as aforesaid, was over
twenty-one years of age and of sound mind, and that these affiants were
above the age of fourteen years.
That afterward, on the day of '., A. D. 19.., said
, during his said last sickness, died at his habitation in
TEXAS CIVIL FORM BOOK. 205
said county of , in which he had his domicile at and before his
death, and without having revoked said will, so far as known to affiants.
Sworn to and subscribed before me, in open court, this .... day of
, A. D. 19...
County Clerk County, Texas.
R. S. Art. 1903 (1850).
No. 274.
SUBP(ENA IN PROBATE.
The State of Texas. To the Sheriff or any Constable of
County, said State — Greeting:
You are hereby commanded to summon to be and ap-
pear before the honorable County Court of County, on the . . .
day of , 19 . ., at the courthouse in the ......... of to
give evidence in the matter of the and there remain from
day to day and from term to term, until discharged by due course of
law. Herein fail not, and make due return of this writ as the law
directs.
Given under my hand this .... day of , A. D. 19 ...
Attest :
Clerk of County Court.
By , Deputy.
R. S. Art. 1857 (1805).
No. 275.
CITATION ON APPLICATION FOR PROBATE OF WILL.
The State of Texas. To the Sheriff or any Constable of
County — Greeting :
You are hereby commanded to cause to be posted for ten days, ex-
clusive of the day of posting, before the return day hereof, at three of
the most public places in County, one of which shall be at the
courthouse door, and no two of which shall be in the same city or town,
copies of the following notice:
The State of Texas. To all persons Interested in the Estate of
, Deceased :
has filed in the County Court of County, an
application for the probate of the last will and testament of said
, deceased, filed with said application, and for letters -tes-
tamentary of the estate of , deceased, which will be heard
206 TEXAS CIVIL FORM BOOK.
at the next term of said court, commencing on the ... Monday in ,
A. D. 19 . ., the same being the day of , A. D. 19 . ., at the
courthouse thereof, in , at which time all persons interested in
said estate may appear and contest said application, should they desire
to do so.
Herein fail not, but have you before said court on the said first day
of the next term thereof this writ, with your return thereon, showing
how you have executed the same.
Given under my hand and the seal of said court at my office in
, Texas, this day of , A. D. 19. .
(Seal.)
Clerk County Court County, Texas.
By , Deputy.
R. S. Art. 1889 (1836).
No. 276.
OFFICER'S RETURN.
Came to hand on the .... day of , A. D. 19. ., at . ; . . o'clock
. . m., and executed on the .... day of , A. D. 19. ., by posting
true copies of the within citation at. three of the most public places in
the county of , to wit, the courthouse door of said county and
at and , no two of which places are in the same city
or town. The distance actually traveled in the execution of such
process is miles.
Sheriff of County, Texas.
R. S. Art. 1890 (1837).
No. 277.
CITATION FOR PROBATE OF WILL NOT PRODUCED IN COURT, OR FOR
THE PROBATE OF A NUNCUPATIVE WILL.
The State of Texas. To the Sheriff or any Constable of
County • — Greeting:
You are hereby commanded to cite all persons interested in the estate
of , deceased, and also and ,
heirs at law of , deceased, who are alleged to reside in your
said county of ........ to appear at the next regular term of the county
court of County, to be holden at the courthouse thereof on the
. . ., Monday in , A. D. 19 . . , the same being the . . . day of ,
TEXAS CIVIL FORM BOOK. 207
A. D. 19. ., to contest, should they desire to do so, the application of
, filed in the said court, and which will then and there
be acted on, for the probate of the last will and testament of said
, deceased, which cannot be produced in court (or which
was made as a nuncupative will), and which in said application is sub-
stantially stated to be as follows: (here give substantially the statement
made in the application.)
Herein fail not, but have you before said court, oil the said first day
of the next term thereof, this writ, with your return thereon, showing
how you have executed the same.
Witness, , Clerk of the County Court of
County.
Given under my hand and the seal of said court at my office in the city
of , this the day of , A. D. 19. .
Clerk County Court of County, Texas.
R. S. Art. 1891 (1838).
Service of citation may be made by publication thereof in a news-
paper published in the county in which citation is issued, for four suc-
cessive weeks previous to the first day of the term of the court to which
citation is returnable, when the heirs are nonresidents of this State,
when their names or residences are unknown or when the}' are transient
persons.
R. S. Art. 1892 (1840).
No. 278.
OFFICER'S RETURN.
Came to hand on the .... day of , A. D. 19. ., at . . . . o'clock
. . m., and executed on the .... day of , A. D. 19. ., by posting
true copies of the within citation at three of the most public places in
the county of , to wit, the courthouse door of said county and at
and , no two of which places are in the same city or
town, and also by delivering a true copy of this citation to the within
named and , respectively, at , in
County, Texas, on the ... day of , A. D. 19. . The dis-
tance actually traveled in the execution of such process is .... miles.
Sheriff of County, Texas.
R. S. Art. 1892 (1839).
Citation shall be served by delivering to each of the heirs of the tes-
tator in person a true copy thereof at least ten days, exclusive of the
day of service, before the first day of the term of the court to whicb
such citation is returnable.
208 TEXAS CIVIL FORM BOOK.
No. 279.
ORDER PROBATING WILL AND GRANTING LETTERS TESTAMENTARY.
Estate of , Deceased. In County Court of County,
Texas, . . . . Term, A. D. 19. .
On this the .... day of , A. D. 19 . . , came on to be heard the
application of for the probate o.f the last will and testa-
ment of , deceased, now produced in court, and the evi-
dence, a statement of which is filed in this case, being heard and fully
considered by the court; and it appearing to the court, that citation
thereof has been duly made as required by law, to which no objection
has been made, and that said is named and appointed in
said will executor thereof and that he is not disqualified therefor:
It is therefore ordered, adjudged and decreed by the court, that the
said last will and testament of the said ., deceased, is
hereby admitted to probate and record, and the testimony shall be re-
corded in the minutes of this court. It is further ordered by the court
that letters testamentary thereof be granted to the said
he having first taken the required oath and given bond in the sum of
dollars (or without bond, as the case may be). And it further
appearing to the court that , and ,
are citizens of County, Texas, and disinterested persons in said
estate, it is therefore ordered that they, or any two of them, be and are
hereby appointed to appraise the estate, both real and personal, of
, deceased.
R. S. Arts. 1907-1963 (1854-1901).
When letters testamentary shall be granted, the county judge shall,
by an order entered on the minutes of the court, appoint three or more
disinterested persons, citizens of the county, any two of whom may act,
to appraise said estate. The executor with the assistance of any two of
said appraisers shall make and return to the court a full inventory and
appraisement of said estate.
R. S. Art. 1965 (1912).
No. 280.
ORDER ESTABLISHING A WILL PRODUCED IN COURT.
Estate of , Deceased. In County Court of
County, Texas, Term, A. D. 19. .
On this the day of , A. D. 19. ., came on to be heard the
application of for the probate of a certain instrument in
writing now produced in court, purporting and alleged to be the last
TEXAS CIVIL FORM BOOK. 209
will of , deceased, and the evidence, a statement of which
is filed in this case, being heard and fully considered by the court, it is
ordered, adjudged and decreed by the court that said instrument in writ-
ing is hereby admitted to probate and record as the last will of said
, deceased, and the testimony shall be recorded in the
minutes of this court.
R. S. Art. 1907 (1854).
No. 281.
ORDER ESTABLISHING A WILL NOT PRODUCED IN COURT.
Estate of , Deceased. In County Court of
County, Texas, Term, A. D. 19 ..
On this the .... day of , A. D. 19 . . , came on to be heard the
application of for the probate of a certain instrument in
writing, alleged to be the last will of , deceased, and which
cannot be produced in court by reason of its loss, and the evidence, a
statement of which is filed in this case, being heard and fully considered
by the court, and it appearing therefrom that , deceased,
was, on the .... day of , A. D. 19. ., years of age and of
sound mind, and that on the day aforesaid, by a certain paper in writing
purporting to be his last will, signed by him in the presence of
. and , then over fourteen years of age, who
signed said writing as subscribing witnesses at his request and in his
presence, did devise and bequeath his real and personal estate as follows :
(here set out the contents of the will as proven). And it further ap-
pearing to the court that said died in the county of
on the .... day of , A. D. 19. ., and afterward said will was, on
the . . . .day of , A. D. 19. ., destroyed by fire without having
been revoked by said testator.
It is therefore ordered, adjudged and decreed that said instrument in
writing, the contents of which are stated in this order, be admitted to
probate and record as the last will of said , deceased, and
the testimony shall be recorded in the minutes of this court.
R. S. Art. 1907 (1854).
Form Book— 14.
210 TEXAS CIVIL FORM BOOK.
No. 282.
ORDER ESTABLISHING A NUNCUPATIVE WILL.
Estate of , Deceased. In County Court of
County, Texas, Term, A. D. 19 ..
On this the .... day of , A. D. 19. ., came on to be heard the
application of for the probate of the nuncupative will of
, deceased, and the evidence, a statement of which is filed
in the case, being heard and fully considered by the court, and it ap-
pearing therefrom that said was, on the .... day of ,
A. D. 19 . . , years of age and of sound mind, and on the day and
year aforesaid, in his last sickness, at his habitation, did make his last
will in the manner and form of a nuncupative will, bequeathing his per-
sonal estate as follows: (here give the testamentary' words).
And it further appearing to the court that said , after
making said will, and without revoking the same, died at , on
the .... day of , A. D. 19. . :
It is therefore ordered, adjudged and decreed that the said bequest of
the personal estate of the said , deceased, as above stated,
be admitted to probate and established as the nuncupative will of the
said , deceased, and that the testimony be recorded in the
minutes of this court.
R. S. Art. 1907 (1854).
A certified copy of such record of testimony' may be read in evidence
on tlie trial of the same matter in any other court when taken there by
appeal or otherwise.
R. S. Art. 1908 (1855).
A will which has been probated according to the laws of the United
States territories, or of .any country out of the limits of the United
States, may be probated in this State by filing a copy of such will and
the probate thereof attested by the clerk of the court in which such will
was admitted to probate, and the seal of the court annexed, if there be
a seal, together with a certificate from the judge or presiding magistrate
of such court, that the said attestation is in due form ; provided the
validity of such will may be contested in the same manner as the orig-
inal will might have been.
R. S. Art. 1909 (1856).
No. 283.
BOND OF EXECUTOR.
The State of Texas, County of
Know all men by these presents, that we, , as principal,
and , as sureties, are held and firmly
TEXAS CIVIL FORM BOOK. 211
bound unto the county judge of the county of , and his succes-
sors in office, in the sum of dollars ; conditioned that the above
bound , who has been appointed executor of the last will
and testament of , deceased, shall well and truly perform
all the duties required of him under said appointment.
R. S. 1943 (1890).
Approved this .... day of , A. D. 19. .
County Judge County, Texas.
No. 284.
OATH OF EXECUTOR.
I do solemnly swear, that the writing, which has been offered for
probate is the last will of , so far as I know or believe, and
that I will well and truly perform all the duties of executor of said will
of the estate of deceased.
Sworn to and subscribed before me, this .... day of , A. D. 19
(Seal.)
R. S. Art. 1938 (1885).
No. 285.
INVENTORY AND APPRAISEMENT.
No Estate of , Deceased. In County Court of
County, Texas.
Inventory and appraisement of the estate of , deceased,
produced before the undersigned appraisers, on the .... day of ,
A. D. 19.., by... , executor of said will of the estate of
, deceased.
SEPARATE PROPERTY OF SAID , DECEASED.
100 acres of land situated in County, Texas, part of
league, valued at _.$
25 head of horses valued at $50.00 each '$1,250.00.
212 TEXAS CIVIL FORM BOOK.
COMMUNITY PROPERTY.
'50 head of cattle valued at $ each $
200 acres of land situated in County, Texas, part of
.... league $ •
We, the undersigned appraisers, solemnly swear that the foregoing is
a full and fair appraisement of the estate of , deceased,
produced before us by , executor.
Appraisers.
Sworn to and subscribed before me, this. . . .day of , A. D. 19. .
(Seal.)
R. S. Arts. 1965-1966 (1912-1913).
LIST OF CLAIMS.
COMMUNITY PROPERTY.
Xote of . , dated .... day of , A. D. 19. .,
and due , with interest at 8 per cent per annum
from date $
SEPARATE PROPERTY.
Note of , dated .... day of , A. D. 19. .,
and due , with interest at 10 per cent per annum
from date $
I, , do solemnly swear that the foregoing inventory and
list is a full and complete inventory and list of the property and claims
of , deceased, that have come to my knowledge. f
Sworn to and subscribed before me, this .... day of , A. D. 19 . .
(Seal.)
R. S. Art. 1967 (1914).
Inventory, appraisement and list should be returned to the court
within sixty days from the date of granting such letters.
R. S. Art. 1969 (1916).
TEXAS CIVIL FORM BOOK. 213
No. 286.
FORM OF ORDER APPROVING INVENTORY, APPRAISEMENT AND LIST
OF CLAIMS.
Estate of , Deceased. In County Court of
County, Texas, Term, A. D. 19. .
This the .... day of , A. D. 19. ., came on to be considered
the report of the inventory, appraisement and list of claims of the estate
of , deceased, made by , and
, who have heretofore been appointed by the court to ap-
praise said estate, and the court having examined the same, it is ordered
by the court that said report be and it is hereby in all respects approved,
and ordered entered of record.
County Judge of County, Texas.
R. S. Art. 1971 (1918).
Upon the return of the inventory, appraisement and list of claims, it
shall be the duty of the judge, either in term time or in vacation, to
examine the same, and to either approve or disapprove the same.
R. S. Art. 1970 (1917).
Should the inventory, etc., be approved or disapproved, an order to
that effect shall be entered upon the minutes of the court and if ap-
proved, also recorded, but if disapproved "the court shall order the ex-
ecutor to return another inventory, appraisement and list, or either of
them, within a time which shall be specified in said order, not exceed-
ing ten days from the date of such order; and the judge may also, if
he deems it necessary, appoint new appraisers.
R. S. Arts. 1971-1972 (1918-1919).
No. 287.
LETTERS TESTAMENTARY.
The State of Texas, County of In County Court of
County, Texas, Term, A. D. 19 ..
I, , clerk of the County Court County, Texas,
do hereby certify that on the .... day of , A. D. 19 . .,
was duly granted by said court letters testamentary of the estate of
, deceased, and that he qualified as such on the
.... day of , A. D. 19. ., as the law requires.
Witness my hand and seal of office at , this .... day of . . . .,
A. D. 19..
Clerk County Court County, Texas.
By , Deputy.
R. S. Art. 1959 (1906).
214 TEXAS CIVIL FORM BOOK.
No. 288.
DEED BY EXECUTOR UNDER A WILL.
The State of Texas, County of
Know all men by these presents, that whereas the last will of
, deceased, late of County, Texas, was duly ad-
mitted to probate at the term, A. D. 19. ., of the County Court
of County, Texas, and was at said term confirmed
and appointed executor of said will; and whereas the said . ., ,
by his said will, did authorize and empower his said executor to make
sale of and convey all of his real and personal estate either at public
or private sale, as to him should seem best, and to make good and suf-
ficient deeds of bargain and sale thereof to the purchaser, which direc-
tions in said will are in full force and effect: Now therefore I,
, executor as aforesaid, by virtue of the power and author-
ity aforesaid, and in consideration of the sum of .... dollars to me in
hand paid by , the receipt of which is hereby acknowledged
and confessed, have granted, bargained, sold and conveyed, and by these
presents do grant, bargain, sell and convey, to the said , a
certain tract of land the property of the said , deceased,
situated in County, Texas, (here describe the land),
together with all' and singular the rights, members, hereditaments and
appurtenances to the same belonging or in anywise incident or apper-
taining; to have and to hold, all and singular, the premises above men-
tioned unto the said , his heirs and assigns, forever.
Witness my hand this .... day of , A. D. 19. .
Signed and delivered in the presence of
Witnesses.
FOEM OF ACKNOWLEDGMENT.
The State of Texas, County of
Before me, , a notary public in and for the County of
, State of Texas, on this day personally appeared ,
known to me (or proved to me on the oath of ) to be the
person whose name is subscribed to the foregoing instrument, and ac-
knowledged to me that he executed the same, as executor of the estate
of , , deceased, for the purposes and consideration therein
expressed and in the capacity therein set forth.
Given under my hand and seal of office this .... day of
A. D. 19 ..
(Seal.)
R. S. Art. 2007 (1954).
TEXAS CIVIL FORM BOOK. 215
ESTKAYS.
R. S. Arts. 4954-4977 (4570-4590).
No. 289.
NOTICE BY TAKER-UP.
Taken up this . . . day of ....... A. D. 19. ., by the undersigned, on
his plantation (or on his lands adjoining the same) near , in
the county of , State of Texas, one (here describe the
animal), branded on ; age, .... years ; color,
(give flesh marks of every kind) ; height, about hands high.
If same is not claimed by owner within twenty days, I will estray said
as required by law.
, Taker up.
R. S. Art. 4954 (4570).
Said notice shall be posted up at three public places in the county in
which such citizen resides, one of which notices shall be at the court-
house door for at least twenty days, and a copy of said notice shall also
be delivered to the clerk of the county court, which shall be securely
posted up in his office.
No. 290.
PRECEPT TO SUMMON APPRAISERS.
The State of Texas. To the Sheriff or any Constable of
County — Greeting :
You are hereby commanded, that you summon two good and lawful
•disinterested men of your county to be and appear before me at my
office in the city of (or at the residence of ) in
eaid county, on the .... day of , A. D. 19 . ., then and there, after
being duly qualified, to appraise a (here describe the animal),
which has lately been estrayed, before me by the said
Herein fail not, but have you then and there this writ, with your
action thereon as the law directs.
Witness my hand, officially, this the .... day of , A. D. 19. .
Justice of the Peace of County, Texas.
R. S. Art. 4955 (4571).
The justice of the peace before whom said animal is estrayed shall
•cause said witnesses to come before him, by summons or otherwise.
216 TEXAS CIVIL FORM BOOK.
No. 291.
OATH BY TAKER-TIP OF ESTRAY.
*
The State of Texas, County of
Personally appeared before me, the undersigned authority, this day,
, who, after being sworn, states that he has taken up, on
his plantation (or on his lands adjoining the same), near ,
in said county, on the .... day of , A. D. 19. ., one ,
branded on , about .... hands high, in color, and
about .... years of age ; and that the marks and brands on said animal
have not been altered or disfigured since the same was taken up, and
that notice has been given as the law requires, and that no owner has
appeared and claimed the same.
Sworn to and subscribed before me, this. . . .day of , A. D. 19. .
Justice of the Peace County.
R. S. Art. 4955 (4571).
No. 292.
OATH OF APPRAISERS.
The State of Texas, County of
Before the undersigned authority this day personally appeared
and , two disinterested householders of said
county, and who are in no way related to , who, after being
sworn, state that they have examined the animal posted by
and find it of the following description : One bay horse about
.... hands high, in color, branded on , and about
.... years of age (a particular description of the animal including
stature, mark, brand, color and age should be given), and appraise the
same at ... . dollars.
Sworn to and subscribed before me, this. . . .day of , A. I): 19. .
Justice of the Peace County.
R. S. Art. 4955 (4571).
TEXAS CIVIL FORM BOOK. 217
No. 293.
BOND OF TAKER-UP.
The State of Texas, County of
Know all men by these presents, that we , as principal,
and and , as sureties, are held and firmly
bound unto , County Judge of County, and his
successors in office, in the penal sum of dollars, conditioned that
the above bound shall well and truly comply with the
estray law now in force, in the matter of the estray of the animal above
described, then this obligation to be null and void; otherwise to remain
in full force and effect.
Witness our hands this .... dav of , A. D. 19. .
Approved this .... day of , A. D. 19. .
Justice of the Peace, Precinct No . . . . , County, Texas.
R. S. Art. 4955 (4571).
Recorded the .... day of , A. D. 19. ., in book . . . ., page ....
Clerk County Court County.
By , Deputy.
The bond must be signed by two or more good and sufficient sureties
payable to the county judge of said county and his successors in office,
in double the value of such animal or animals. The oath must be
signed by two disinterested householders of said county. Said bond,
affidavit and appraisement shall be transmitted by such justice to the
clerk of the county court.
No. 294.
CLERK'S NOTICE OF ESTRAY TO NEWSPAPER.
The State of Texas, County of
Taken up by and estrayed before , Justice
of the Peace, precinct No. . . , County, on the .... day of
. . . ., A. D. 19. ., a certain (here describe the animal), about
.... hands high, branded on , in color, and about
.... years of age, and appraised at .... dollars.
218 TEXAS CIVIL FORM BOOK.
The owner of said stock is requested to come forward, prove property,
pay charges, and take the same away, or it will be dealt with as the
law directs.
Given under my hand and official seal this .... day of ,
A. D. 19..
(Seal.)
County Clerk County, Texas.
By , Deputy.
R. S. Art. 4963 (4579).
Above notice shall be published in some newspaper in the county
where such animal was estrayed, at least three times. If no newspaper
is published in said county, then same shall be published in some news-
paper nearest said county and also by posting up notices in three public
places in said county where said animal is estrayed.
No. 295.
NOTICE OF ESTRAY SALE.
Notice is hereby given that on the .... day of , 19. ., I will
sell at public auction, to the highest bidder for cash, at the courthouse
door in the town of , in said county of , State of Texas,
within the hours prescribed by law, the following estray animals, viz: a
certain (here describe the animal), about hands high,
branded on , in color, and about .... years
of age.
The same was estrayed by me before , a Justice of the
Peace in and for precinct No , County, State of Texas,
on the .... day of , A. D. 19 . .
, Taker up.
R. S. Art. 4964 (4580).
Above notice must be given as is required in the case of sheriff's sales.
No. 296.
REPORT OF ESTRAY BY COUNTY COMMISSIONER.
To , County Clerk County, Texas :
In compliance with the estray law now in force, I herewith return
the following estray which has been found running at large, and not
estrayed, and state that the owner of the same is unknown.
TEXAS CIVIL FORM BOOK. 219
(here describe said animal) marked and branded
on , in color, hands high and about
years of age.
County Commissioner, Precinct Ko , County, Texas.
R. S. Art. 4960 (4576).
It shall be the duty of the county commissioners, or any of them, to
report to the county clerk any estray of any kind running at large and
not estrayed, and the owner of the same being unknown.
No. 297.
ESTRAY NOTICE.
In compliance with law and upon the return of ,
County Commissioner for precinct No , County, Texas, J
hereby give notice that there has been found running at large and not
estrayed, the owner of which is unknown, one (here describe
said animal), marked , and branded on ,
in color, hands high, and about .... years of age, said
animal now ranging in the neighborhood of , and if not legally
proven away by the owner thereof, within twenty days from date hereof,
the same will be advertised, and said commissioner will proceed to sell
the same according to law.
County Clerk County, Texas.
By , Deputy.
Dated , Texas, this day of , A. D. 19 . .
R. S. Art. 4960 (4576).
No. 298.
PROOF OF AN ESTRAY.
Tlu- State of Texas, County of
Before me, . , a in and for said county, on this
day personally appeared , to me well known as a respectable
person, who, being by me duly sworn, stated that one certain
(here describe the animal ) marked , branded about
years old, of a color, estrayed by before
220 TEXAS CIVIL FORM BOOK.
, a justice of the peace in and for the county aforesaid,
on the .... day of , A. D. 19 . . , is the property of
Subscribed and sworn to this .... day of , A. D. 19. .
By , Deputy.
R. S. Art. 4956 (4572).
Proof of said estray may be made at any time within twelve months
and before the sale of same, by the affidavit of any respectable witness.
This certificate shall be delivered to the taker-up and by him filed in the
county clerk's office.
No. 299.
CERTIFICATE OF RESPECTABILITY.
The State of Texas, County of
I, , a notary public in and for County, Texas,
do hereby certify that , a resident of County,
who is to me well known, is a man of respectability and good standing.
Given under my hand and seal of office this the .... day of ,
A. D. 19..
R. S. Art. 4957 (4573).
No. 300.
REPORT OF SALE OF A HOG, SHEEP, GOAT, OR CATTLE OTHER THAU
WORK OXEN — AT RESIDENCE OF TAKER-UP.
The State of Texas, County of To the Clerk of the County
Court of County :
I, , hereby certify that on the first Monday of ,
A. D. 19. ., between the hours of 1 and 3 o'clock p. m. of said day, I
sold for cash, to the highest bidder, at my residence in said county, one
(here describe said animal), marked , and branded
on the , in color, and about years of age,
estrayed by me on the .... day of , A. D. 19. ., before ,
a justice of the peace in and for said county, having first advertised the
time and place of said sale by a written advertisement, posted up at
three public places in said county, one of which was at the courthouse
door of said county, for ten days previous to said sale ; that at said sale
TEXAS CIVIL FORM BOOK. 221
several bidders were present, and among others, ,
and , adult bidders, who were not members of my family,
and said was struck off to for the sum of
dollars, that being the highest and best bid for the same.
Sworn to and subscribed before me, this the .... day of
A. D. 19..
(Seal.)
R. S. Art. 4969 (4585).
No. 301.
REPORT OF LOSS OF AN ESTRAY.
The State of Texas, County of To the Clerk of the County
Court of County :
I, , hereby certify that one (here describe said
animal), marked , and branded on the ,
in color and about years of age, estrayed by me on the .... day of
, A. D. 19. ., before , a justice of the peace in and.
for said county, was found dead (or escaped from me, as the case may
be) on the .... day of , A. D. 19. .
Sworn to and subscribed before me, this, the .... day of ,
A. D. 19..
(Seal.)
R. S. Art. 4972 (4588).
The above report shall be recorded by said county clerk in a book to
be kept by him for that purpose.
No. 302.
REPORT OF ESTRAY SALE — BY TAKER-UP.
The State of Texas, County of To the Clerk of the County
Court of County, Texas :
I, , hereby certify that on the first Monday of ,
A. D. 19. ., between the hours of 1 and 3 o'clock p. m. of said day, I
sold for cash, to the highest bidder, at the courthouse door of said
county, after having given notice of the time and place of said sale, by
222 TEXAS CIVIL FORM BOOK.
causing an advertisement thereof to be posted up at three public places
in said county, one of which was at the courthouse door of said county,
for ten days previous to said sale (here describe said animal),
branded on the , hands high, in color,
and .about years of age, estrayed by me on the .... day of ,.
A. D. 19. ., before , a justice of the peace in and for said
county, and that said was struck off to for the sum
of dollars, that being the highest and best bid for the same.
Sworn to and subscribed before me, this the .... day of ,
A. D. 19 ..
(Seal.)
R. S. Art. 4965 (4581).
Within ten days after such sale the taker-up of said estray shall, after
deducting the expenses incurred in estraying said animal, pay into the
county treasury' seventy-five per cent of the proceeds of the same, and
retain the other twenty-five for his own use and benefit.
R. S. Art. 4964 (4580),
All of the above forms relate to the estrays of horses, mares, fillies,
geldings, colts, mules, jacks, jennets. or work oxen.
R. S. Art. 4954 (4570).
Hogs, sheep, goats or cattle, other than work oxen, are estrayed in
the same manner as is required in the case of horses, etc., except adver-
tising in a newspaper ; and any person estraying the same, at the expira-
tion of six months from the day of appraisement, shall proceed to give
notice as in the case of sheriffs' or constables' sales and shall sell such
estrays where they were taken up.
R. S. Art. 4967 (4583).
Hogs, sheep, goats or cattle, except work oxen, shall not be subject to
be estrayed unless the same shall have been known to the taker-up as
being an estray for at least four months previous to the time of estraying
the same.
R. S. Art. 4968 (4584), amended Acts 1899, p. 234.
In making returns of sales under this title, when the sale has been
made at the residence of the taker-up or other place than at the court-
house door of the county, the taker-up shall, in all cases, give the names
of at least three of the bidders who were present at said sale, who were
not members of his family.
R. S. Art. 4969 (4585).
TEXAS CIVIL FORM BOOK. 223
FENCES AND TRESPASS BY STOCK.
R. 8. Art. 2496-2503 (2431-2435).
In a county where stock of all kinds are permitted to run at large, a
fence, which is five feet high and sufficiently close to prevent hogs from
passing through, is a sufficient fence.
No. 303.
COMPLAINT OF TRESPASS BY STOCK BEFORE JUSTICE OF THE PEACE.
R. S. Art. 2496 (2431).
The State of Texas, Cbunty of ........ To , Justice of
the Peace for Precinct Xo County, Texas.
, who resides in County, Texas, complaining
against , who also resides in said county, represents that
complainant does now, and did, on the .... day of , A. D. 19. .,
have and own acres of cleared and cultivated ground, situated in
said justice precinct No. . . ., in County, Texas, whereon com-
plainant now resides; and that at the time aforesaid, the said ground
was protected by a lawful and sufficient fence, and on the day and year
aforesaid, a large number of cattle, belonging to the said ,
broke through said fence and entered upon said cultivated ground, and
then and there did great damage to your petitioner, by destroying a
portion of the growing crop thereon.
Wherefore your petitioner prays the court, that two disinterested and
impartial freeholders of the county be summoned, and an examination
thereinto be made as the law directs, and that such other and further
orders and proceedings be had in the premises as may be just and proper.
Witness my hand this . . . . day of , A. D. 19. .
R. S. Art. 2497 (2432).
No. 304.
SUMMONS FOR FREEHOLDERS.
The State of Texas. To the Sheriff or any Constable of County,
Texas — Greeting :
You are hereby commanded that you summon two disinterested and
impartial freeholders of said county to appear before me at the resi-
224 TEXAS CIVIL FORM BOOK.
dence of , in said county, on the .... day of ,
A. D. 19. ., at .... o'clock a. m., then and there with me to view and
examine into the condition of the fence, inclosing certain cultivated
ground belonging to the said . . , and ascertain the amount
of damages alleged to have lately been committed on said ground by the
stock of
Herein fail not, but have you then and there this writ with your
action thereon, as the law directs.
Witness my hand officially this .... day of , A. D. 19 . .
Justice of the Peace County, Texas.
No. 305.
OATH OF SAID FREEHOLDER.
You do solemnly swear, that you will well and truly view and examine
the piece of cultivated ground, belonging to , now before
you, and ascertain whether the fence inclosing the same be lawfully
sufficient, and if sufficient what damages the said sustained
by reason of a trespass, alleged to have been recently committed on said
cultivated ground by the stock of , and a true report thereof
make as the law directs. So help you God.
Art. 2497 (2432).
No. 306.
REPORT OF JUSTICE OF THE PEACE AND FREEHOLDERS.
The State of Texas, County of
Whereas, has complained to me, , a
justice of the peace in and for said county, of a trespass committed upon
his cultivated ground, lying in said county, by the stock of . ,
whereby the said complainant alleges to have been greatly damaged:
Therefore we, the undersigned, disinterested and impartial freehold-
ers of said county, after being duly sworn and qualifying as the law
directs, with said justice of the peace, have this day proceeded to view
and examine into the condition of the fence inclosing said ground, and
to inquire into the damages sustained by the said , by
reason of the trespass aforesaid, and after due examination and inquiry
by us made, we do hereby certify, that we find the said fence sufficient
as required by law, and further find that, on the .... day of ,
A. D. 19. ., a trespass was committed by the stock of the said ,
TEXAS CIVIL FORM BOOK. 225
on the cultivated ground aforesaid, of the said and that
the said lias been damaged thereby in the sum of
dollars.
Given under our hands this .... day of , A. D. 19. .
Justice of the Peace.
R. S. Art. 2497 (2432).
Said damages may be recovered before any tribunal having cognizance
thereof. Upon a second trespass by the same stock, the owner, lessee or
proprietor of the premises, if he deems it necessary, may cause said stock
to be penned and turned over to the sheriff or constable.
Art. 2498 (2433).
Any person who is the owner or part owner of any fences connected
with or adjoined to any fences owned in part or in whole by any other
person, or the owner of any fence wholly upon his own land to which the
fence of another is adjoined or connected, shall have the right to with-
draw or separate his fence or part of fence from the fence of another
person, or require the owner of any such fence to disconnect and with-
draw the same back on his own land by first giving notice in writing,
for at least six months, to such person, his agent, attorney, or lessee.
R. S. Arts. 2502-2503.
IN A COUNTY WHERE STOCK ARE FORBIDDEN TO RUN AT LARGE.
R. S. Arts. 4991-5001 (4604-4610).
Art. 4998 (1895) amended by 27th Leg., Reg. Ses. (1901), p. 290.
If any stock forbidden to run at large shall enter the inclosed lands,
or shall, without being herded, roam about the residence, lots or culti-
vated land of any person other than the owner of such stock, without
his consent, etc., the owner, lessee or person in lawful possession of such
lands may impound said stock and detain the same until his fees and
.all damages occasioned by said stock are paid to him.
Art. 4991 (4604).
Notice thereof shall at once be given to the owner, if known, and such
owner shall be entitled to their possession upon payment of fees and
damages.
Art. 4992 (4605).
Fees and Damages for Impounding Stock. — Ten cents per day per
head for hogs, ten cents per day per head for goats, and five cents per
day per head for sheep. The damages done by such stock, if any, and
ihe fees due to the taker-up of stock, if any, may be assessed by any
Form Book — 15.
226 TEXAS CIVIL FORM BOOK.
three disinterested freeholders of the subdivision in which said stock
is taken up, etc.
Art. 4993 (4606).
A Lawful Fence. — Three barbed wire with posts not more than thirty
feet apart, and one or more stays between them, or pickets four feet
high and not more than six inches apart, shall constitute a lawful fence.
If boards or rails are used, then three boards to be not less than five
inches wide and one inch thick, or four rails shall constitute a lawful
fence; provided, that all fences built under the provisions of this act
shal] be four feet high.
Art. 4998, 27th Leg. (1901), p. 290.
Art. 5001 (1895) amended by 27th Leg., Reg. Ses. (1901), p. 7, so
as to read : The counties of Eefugio, Aransas and Bee are exempted
from the provisions of this chapter.
Chapter 5, title 102 of E. S. (1895), amended by 26th Leg.. Reg.
Ses., p. 80, by adding thereto Arts. SOOla, 5001b and 5001c. providing
for elections in a county or subdivision of a county to determine whether
hogs, sheep and goats shall be permitted to run at large in such county
or subdivision.
Chapter CXXVIII, sections 1, 21, 26th Leg. Eeg. Ses., p. 220, pro-
vides a mode by which horses, mules, jacks, jennets and cattle may be
prevented from running at large in certain counties named therein, or
anv subdivisions of said counties.
FERRIES.
No. 307.
PETITION FOR FERRYMAN'S LICENSE.
The State of Texas, County of Commissioners' Court of
County, Texas, Term, A. D. 19 ..
To the Honorable Judge and Commissioners of said County:
Xow comes , who resides in County, Texas, and
respectfully represents that he is the lawful owner and in the rightful
possession of the land embracing the banks on both sides of the river
, at crossing thereon in said county, and that the
road crossing said stream at said place is one of great public 'utility;
that owing to the depth of said river the establishment of a ferry at said
crossing would greatly promote public convenience.
Wherefore your petitioner prays the court that he may be lawfully
authorized by said court, at the present term thereof, to establish and
keep up a ferry at said crossing, for the space of one year next ensuing
after the date of such authoritv.
R. S. Art. 4800 (4439).
TEXAS CIVIL FORM BOOK. 227
No. 308.
FERRYMAN'S BOND.
The State of Texas, County of
Know all men by these presents, that whereas, has this
day been duly authorized by the commissioners' court of said county to
keep up a ferry, for the space of one year next ensuing after the date
hereof at crossing on the river , in said county, and to
charge the rates of ferriage established by said court for crossing thereat :
Now therefore we, the said , as principal, and
and , as sureties, acknowledge ourselves bound to pay to
the county judge of said county of , the sum of dollars
(not less than one thousand dollars) ; conditioned that the said
will at all times keep good and sufficient boats for the use of such
ferry, and will also keep the banks on each side of the ferry in good
repair and so graded and leveled that the rise shall not exceed one foot
in every seven feet from the water's edge to the top of the bank, and that
said ferry shall be well attended at all times, and that he will comply
with all the requisitions of the law relating to or governing ferries.
Witness our hands this . . dav of . , A. D. 19. .
Approved this the .... day of , A. D. 19 ..
County Judge County.
R. S. Art. 4804 (4443).
FORCIBLE ENTRY AND DETAINER.
R. S. Arts. 2519-2542 (2440-2463).
IN WHAT CASES THE ACTION WILL LIE.
If any person (1) shall make an entry into any lands, tenements or
other real property, except in cases where entry is given by law, or (2)
shall make any such entry by force, or (3) iT any person shall willfully
and without force hold over any lands, tenements or other real property
after the termination of the time for which such lands, tenements or
other real property were let to him, or to the person under whom he
claims, after demand in writing for the possession thereof by the person
or persons entitled to such possession, such person shall be adjudged
guilty of forcible entry and detainer, or of forcible detainer, as the case
may be.
R. S. Art. 2519 (2440).
TEXAS CIVIL FORM BOOK.
FORCIBLE ENTRY DEFINED.
A " forcible entry " or an entry where entry is not given by law
within the meaning of this chapter is —
1. An entry without the consent of the person having the actual
possession.
2. As to a landlord, an entry upon the possession of his tenant at
will or by sufferance, whether with or without the tenant's consent.
R. S. Art. 2520 (2441).
OTHER CASES OF FORCIBLE DETAINER.
A person shall be adjudged guilty of forcible detainer also in the
following cases:
1. Where a tenant at will or by sufferance refuses, after demand made
in writing as aforesaid, to give possession to the landlord after the de-
termination of his will.
2. Where the tenant of a person who has made a forcible entry
refuses to give possession, after demand as aforesaid, to the person upon
whose possession the forcible entry was made.
3. Where a person who has made a forcible entry upon the posses-
sion of one who acquired it by forcible entry refuses to give possession
on demand, as aforesaid, to him upon whose possession the first forcible
entry was made.
4. Where a person who has made a forcible entry upon the posses-
sion of a tenant for a term refuses to deliver possession to the landlord,
upon demand as aforesaid, after the term expires; and if the term
expire whilst a writ of forcible entry sued out by the tenant is pending,
the landlord may, at his own costs and for his own benefit, prosecute it
in the name of the tenant. It is not material whether the tenant shall
have received possession from his landlord or have become his tenant
after obtaining possession.
R. S. Art. 2521 (2442).
VENUE.
Any justice of the peace of the precinct where the property is sit-
uated shall have jurisdiction to hear and determine any case arising
under this title.
R. S. Art. 2522 (2443).
• * • —
No. 309.
COMPLAINT FOR FORCIBLE ENTRY AND DETAINER.
The State of Texas, County of In Justice Court, Precinct
No , of County, Texas.
To . . ., Justice of the Peace in said Precinct:
Now comes and makes complaint against
for entry into his lands ; and says that heretofore, to wit, on the ....
day of , A. D. 19. ., he was in the actual possession of the follow-
TEXAS CIVIL FORM BOOK. 229
ing described premises, to wit (here describe the premises),
situated in justice's precinct No , in County, Texas,
together with all of the improvements thereon situated.
That complainant, , is the owner of the above described
land and premises and is entitled to the possession of the same; that on
the .... day of , A. D. 19. ., during the casual absence of this
complainant, the defendant, , without the consent of this
complainant, entered upon said premises, and is now in the possession
of the same, and refuses to deliver same to complainant or to permit
complainant to enter upon the same, but by force and arms unlawfully
holds possession of said premises.
Wherefore complainant prays the court, that the defendant be cited
to answer this complaint, and that he have judgment for the restitution
of said land and premises and for costs of suit.
Sworn to and subscribed before me, this the .... day of ,
A. D. 19..
(Seal.)
R. S. Art. 2524 (2445).
The complaint shall describe the lands, tenements or premises, the
possession of which is claimed, with certainty sufficient to identify the
same; and it shall also state the facts which entitle the complainant to
the possession and authorize the action under the first three articles of
this title.
R. S. Art. 2524 (2445).
The complaint should allege that the premises or a part thereof are
situated in the precinct in which the suit is brought.
On the trial of any case of forcible entry, or of forcible detainer,
under the provisions of this title, the only issue shall be as to the right
to actual possession, and the merits of the title shall not be inquired into.
R. S. Art. 2529 (2450).
No. 310.
COMPLAINT FOR FORCIBLE ENTRY.
The State of Texas, County of In Justice Court, Precinct
No , of County, Texas.
To , Justice of the Peace in said Precinct :
Now comes and makes complaint against
for forcible entry upon his land, and says that heretofore, to wit, on the
.... day of , A. D. 19. ., he was in the actual possession under
a described land and premises, to wit (here describe the prem-
ises), situated in justice's precinct No. . . . : in County, Texas,
together with all of the improvements thereon situated.
2.30 TEXAS CIVIL FORM BOOK.
That the lease of said above described land and premises to this com-
plainant is a rent contract, made in writing, and entered into and
signed by plaintiff and defendant on the .... day of , A. D. 19. .,
and is now in the possession of defendant, and he is hereby notified to
produce the same on the trial of this cause; that said lease contract was
and is to expire on the .... day of , A. D. 19 . .
That on said date . . . day of , A. D. 19 . . , the defendant unlaw-
fully and without the consent of plaintiff entered upon said land and
premises, and is now in the possession of the same, and has failed and
refused, and still now refuses, to surrender same to complainant.
Wherefore complainant prays that the defendant be cited to answer
this complaint, and that he have judgment for the restitution, of said
land and premises and for costs of suit.
Sworn to and subscribed before me, this the .... day of
A. D. 19..
(Seal.)
R. S. Art. 2524 (2445).
No. 311.
COMPLAINT FOR FORCIBLE DETAINER.
The State of Texas, County of No In Justice's
Court, Precinct No
To , Justice of the Peace in said Precinct:
shows that heretofore, to wit, on the .... day of ,
19. ., he was in peaceable possession of in justice's pre-
cinct 'No , in said county, together with thereon
situated ; that on said day he demised said premises to for
the term of ...... from said date, which term is fully ended ; that by
virtue of said lease the said entered into possession of said
premises, and is still possessed of the same ; that being desirous upon the
determination of said term to have and again repossess hi? said estate,
he, for that purpose, did, on the .... day of , 19. ., make de-
mand in writing of the said for possession thereof, and
the said has hitherto refused, and still refuses to comply
with said demand, and willfully holds said premises.
Wherefore he prays that the defendant be cited to answer this com-
plaint, and that he have judgment for the restitution of said premises
and for costs.
Sworn to and subscribed before me, at this .... day of
. 19..
Justice of the Peace, Precinct Xo , County, Texas.
R. S. Art. 2524 (2445).
TEXAS CIVIL FORM BOOK. 231
No. 312.
COMPLAINT FOR FORCIBLE ENTRY AND DETAINER.
The State of Texas, County of In Justice Court, Precinct
No , of , . County, Texas.
To , Justice of the Peace in said Precinct:
Now comes and makes complaint against
for forcible entry and detainer, and says that heretofore, to wit, on the
.... day of , A. D. 19. ., complainant leased unto one
the following described land and premises, to wit (here describe
the premises), situated in justice's precinct 'No , in
County, Texas, together with all of the improvements thereon situated;
that he let said land and premises to the said at the will of
complainant, and at the will of this lessee; that by reason of this lease
the said . obtained possession of said above described land
and premises.
That on the day of , A. D. 19. ., the defendant, ,
entered upon and took possession of the above described land and prem-
ises against the will and without the consent of the said tenant at will,
, or of his complainant; that on the .... day of ,
A. D. 19. ., this complainant determined his lease at will with his said
tenant, , and made demand in writing on the said
defendant, , for the possession of the above described land
and premises, and the said has hitherto failed and refused,
and still refuses to comply with said demand, but willfully and without
force holds over such land and premises.
Complainant further says, that he is the owner of said land and
premises and is entitled to the possession of the same.
Wherefore, the premises considered, complainant prays the court that
the defendant be cited to answer this complaint, and that he have judg-
ment for the restitution of said land and premise? and for costs of suit.
Sworn to and subscribed before me, this the .... day of
A. D. 19..
(Seal.)
R. R. Art. 2524 (2445). •
232 TEXAS CIVIL FORM BOOK.
No. 313.
COMPLAINT FOR FORCIBLE DETAINER.
The State of Texas, County of In Justice Court, Precinct
N"o , of County, Texas.
To , Justice of the Peace in and for said Precinct :
Now conies and makes complaint against . . .
for forcible detainer of his land, and says that heretofore, to wit, on the
.... day of , A. D. 19 . . , he, complainant, was the owner of, and
in the actual possession of the following described land and premises,
to wit (here describe the land), situated in justice's precinct
No , in County, Texas, together with all of the improve-
ments thereon situated; that on said day, he, complainant, leased said
land and premises to for the term of years, the said
lease being in writing, and by its terms commencing on the .... day of
..)...., A. D. 19 .., on which day the said went into pos-
session of the said land and premises, and ending and expiring on the
day of , A. D. 19..
Complainant further says that on the .... day of , A. D. 19. .,
the defendant, , with force and arms unlawfully entered
upon said land and premises, and forcibly ejected complainant's tenant,
the said ., therefrom, without the consent of complainant,
or his said tenant, Complainant further says the term
of his said lease to the . has now expired, and that he is
entitled to the possession of the said land and premises, and was so
entitled on the .... day of , A. D. 19. ., when he made in writing
a demand upon the defendant, , for the possession thereof ;
that defendant has failed and refused and still refuses to surrender to
complainant the possession of said land and premises, but unlawfully
and willfully holds the same.
Sworn to and subscribed before me, this the .... day of
A. D. 19..
(Seal.)
R. S. Arts. 2521-2524 (2442-2445).
TEXAS CIVIL FORM BOOK. 233
No. 314.
COMPLAINT FOR FORCIBLE DETAINER.
The State of Texas, County of In Justice Court, Precinct
No , of County, Texas.
To , Justice of the Peace in and for said Precinct:
Now comes . ., and makes complaint against
for forcible detainer of his land, and says that heretofore, to wit, on the
.... day of , A. D. 19. ., he, complainant, was the owner of, and
in the actual possession of the following described land and premises,
to wit, (here describe the land), situated in justice's precinct
No , in County, Texas, together with all of the improve-
ments thereon situated ; that on said day one , without
complainant's consent, entered upon said land and premises, and forcibly
ejected complainant therefrom; that subsequently, to wit, on the....
day of , A. D. 19. ., this defendant, , entered upon
said land and premises, and forcibly ejected the said
therefrom, and remains and is now in possession of the same.
Complainant further says, that being the owner of and entitled to the
possession of said land and premises, he, on the .... day of ,
A. D. 19. ., made demand in writing of the said defendant to restore to
him, complainant, the possession of said land and premises, and the
said defendant, . . . ., , has failed and refused, and still refuses
to comply with said demand, and unlawfully and willfully holds said
land and premises.
Sworn to and subscribed before me, this the .... day of , A
D. 19...
(Seal.)
R. S. Arts. 2521-2524 (2442-2445).
No. 315.
COMPLAINT FOR FORCIBLE DETAINER.
The State of Texas, County of In Justice Court, Precinct
No , of County, Texas.
To , Justice of the Peace in said Precinct :
Now comes and makes complaint against
for forcible detainer of his land, and says that heretofore, to wit, on the
.... day of ........ A. D. 19. ., he was in the actual possession of the
following described land and premises, to wit, (here describe
the land), situated in justice's precinct No , in ........ County,
Texas, together with all of the improvements thereon situated; that on
the said day one , without complainant's consent, entered
234 TEXAS CIVIL FORM BOOK.
upon said land and premises, and forcibly ejected complainant from
the same, and immediately after said forcible ejectment installed this
defendant, , upon said land and premises, and leased the
same to him, said defendant, who immediately took possession of, and
has since held the same as the tenant of said Complain-
ant says that he is the owner o_f said land and premises, and is entitled
to the possession of the same ; that the said , tenant of the
said , the person who made the above said forcible entry
upon said land and premises, has failed and refused and still refuses to
surrender possession of the same to the complainant, so forcibly ejected
as described, though complainant, on the .... day of , A. D.
19. ., in writing, made demand upon him, the said , so to
do, and continues to unlawfully and willfully hold said land and
premises.
Wherefore complainant prays the court that the defendant be cited
to answer this complaint, and that he have judgment for the restitution
of said land and premises and for costs of suit.
Sworn to and subscribed before me, this the .... day of , A.
A. D. 19 . .
(Seal.)
R. 8. Arts. 2521-2524 (2442-2445).
No. 316.
COMPLAINT FOR FORCIBLE DETAINER.
The State of Texas, County of In Justice Court, Precinct
No , of County, Texas.
To , Justice of the Peace in said Precinct :
Xow comes and makes complaint against
for forcible detainer of his land, and says that heretofore, to wit, on the
.... day of , A. D. 19 . ., , deceased, made a lease
at will to the defendant, , of the following described
land and premises, to wit (here describe the land), situated in
justice's precinct ISTo , in County, Texas, together with all
the i mprovements thereon situated ; that on the .... day of ,
A. D. 19. ., the said lessor at will, , died, and the said
estate at will then determined ; that the said defendant, ,
continued in possession of said above described land and premises after
the death of the said , and is a tenant at sufferance.
That this complainant, . . . ., , inherited the above described
land and premises from his ancestor, , deceased; that he
is now the legal owner of said land and premises, and is entitled to the
TEXAS CIVIL FORM BOOK. 235
possession of the same, and is the landlord of defendant, tenant at suf-
ferance ; that defendant came into the possession of this land by lawful
title, being tenant at will of , deceased, at time of entry
upon said land; that he now holds this land without any title at all;
that on the .... day of , A. D. 19. ., complainant, being desirous
to terminate this tenancy at sufferance, and to sever his connection with
defendant, made demand in writing of the said for pos-
session of said land and premises, and also notified him in writing of
the termination of said tenancy at sufferance; that defendant has
hitherto failed and refused, and still refuses to comply with said demand,
and willfully and without force holds over said land and premises.
Wherefore, the premises considered, complainant prays the court that
the defendant be cited to answer this complaint, and that he have judg-
ment for the restitution of said land and premises and for costs of suit.
*
Sworn to and subscribed before me, this the .... day of
A. D. 19..
(Seal.)
R. S. Art. 2524 (2445).
No. 317.
COMPLAINT FOR FORCIBLE DETAINER.
The State of Texas, County of In Justice Court, Precinct
No , of County, Texas.
To , Justice of the Peace in said Precinct:
Now comes and makes complaint against
for forcible detainer of his land, and says that heretofore, to wit, on the
.... day of , A. D. 19. ., complainant leased unto defendant,
, the following described land and premises, to wit
(here describe the premises), situated in justice's precinct
No , in County, Texas, together with all of the improve-
ments thereon situated; that he let said land and premises to said
defendant at the will of complainant and at the will of this lessee, and
the said defendant, by force of said lease, obtained possession of the
land and premises above described.
That complainant is the owner of the above described land and
premises and is entitled to the possession of the same, and that com-
plainant is the landlord of the defendant. That this lease at will could
be determined at the will of either complainant or defendant. That on
the .... day of , A. D. 19 . . , this complainant determined this
lease at will, and notified defendant of the termination of this lease,
and made demand in writing of defendant, , on the ....
236 TEXAS CIVIL FORM BOOK.
* f
day of , A. D. 19. ., for the possession of said above described
land and premises. That said defendant was and is now in the posses-
sion of said land and premises. That defendant has hitherto failed and
refused, and still refuses to comply with said demand, and willfully and
without force holds said land and premises.
Wherefore, the premises considered, complainant prays the court that
the defendant be cited to answer this complaint, and that he have judg-
ment for the restitution of said land and premises and for costs of suit.
Sworn to and subscribed before me, this the .... day of
A. D. 19...
(Seal.)
R. S. Art. 2524 (2445).
No. 318.
DEMAND FOR POSSESSION.
The State of Texas, County of To , of said
County :
You are hereby notified that I demand of you the immediate posses-
sion of the following land and premises, to wit (here describe
the same), situated in County, Texas, now occupied by you,
which you from me illegally detain; and unless my demand be complied
with at once, I shall proceed against you as the law directs.
Witness my hand this the .... day of , A. D. 19. .
R. S. Art. 2519 (2440).
No. 319.
WRIT OF CITATION IN FORCIBLE DETAINER.
vs No In Justice's Court, Precinct
No , County, Texas.
The State of Texas. To the Sheriff or any Constable of
County, Texas — Greeting:
You are hereby commanded to summon , if to be found
within your county, to be and appear before me, , a justice
of the peace in and for the above named precinct and county, at ,
Texas, on the day of , A. D. 19. ., then and there to answer
the complaint of in an action of forcible detainer of and
concerning the following described property and premises, to wit
(here describe the same).
TEXAS CIVIL FORM BOOK. 237
Herein fail not, but of this writ make due return, showing how you
have executed the same.
Witness my official signature at , Texas, this, the .... day
of , A. D. 19...
Justice of the Peace, Precinct No , County, Texas.
R. S. Art. 2523 (2444).
No. 320.
RETURNS ON WRIT — FORCIBLE DETAINER.
Came to hand on the .... day of , A. D. 19. ., at .... o'clock
. . m., and executed by me on the .... day of , A. D. 19. ., at
. . o'clock . . m., by reading this writ to the within named defend-
ant, , at , in County, Texas, (or by
leaving a copy of this writ with , a person ovfr the age of
sixteen years, at , the usual place of abode of defendant,
, as the case may be). The distance actually traveled in
the execution of such process is miles.
Constable Precinct No , County, Texas.
R. S. Art. 2525 (2446).
The citation must summon the defendant to appear at a time not
more than ten days nor less than six days from the date thereof, and
service must be perfected at least five days before the day of trial.
No. 321.
JUDGMENT — FORCIBLE DETAINER.
vs No In Justice's Court, Precinct
No , of County, Texas.
On this the .... day of , A. D. 19. ., in open court, came on
for trial the above entitled and numbered cause, thereupon came the
parties, a jury being demanded, also came a jury of good and lawful
men, to wit, and five others, who being duly impaneled
and sworn, after hearing the evidence returned into court the following
verdict : " We the jury find the defendant guilty of forcible detainer.
, Foreman."
It is therefore considered, ordered and decreed by the court, that the
complainant, , do have restitution of said premises, to wit
(here describe the same), together with all his costs in this
behalf expended, for all of which execution and writ of restitution of
said premises may issue.
R. S. Art. 2532 (2453).
238 TEXAS CIVIL FORM BOOK.
No. 322.
WRIT OF RESTITUTION.
The State of Texas. To the Sheriff or any Constable of
County — Greeting:
Whereas, 011 the .... day of , A. D. 19 . . , before
me, a justice of the peace of County, recovered judgment
against for the restitution of certain premises, to wit
(here describe the premises), and for the sum of dollars
damages, and the further sum of dollars, costs of suit :
Therefore you are hereby commanded that you deliver to the said
the possession of the said premises hereinbefore described,
and that of the goods and chattels, lands and tenements of the said
you cause to be made the said sum of dollars, dam-
ages aforesaid, together with the sum of dollars, costs of suit,
and also the further costs of executing this writ.
Herein fail not, and of this Avrit make due return as the law directs,
Given under my hand this .... day of , A. D. 19 ...
Justice of the Peace, Precinct No , County, Texas.
R, S. Art. 2532 (2453).
No writ of restitution shall issue until the expiration of two days
from the rendition of the judgment.
No. 323.
APPEAL BOND — FORCIBLE DETAINER.
The State of Texas, County of
Whereas, upon a writ of forcible entry (or forcible detainer) in favor
of , and against , tried before .,
a justice of the peace of County, a judgment was rendered in
favor of the said on the .... day of , A. D. 19 . .,
and against the said , from which the said
has appealed to the county court: Now therefore the said
and and , his sureties, covenant that he will
prosecute his said appeal with effect and pay all costs and damages which
may be adjudged against him.
Given under our hands this .... day of , A. D. 19. . .
R S. Art. 2535 (2456).
TEXAS CIVIL FORM BOOK. 239
Approved by ine, this the .... day of , A. D. 19. .
Justice of the Peace, Precinct No , County, Texas.
Notice of appeal must be given in open court and bond must be filed
with such justice of the peace, within five days after the rendition of
said judgment, and no motion for a new trial shall be necessary to
authorize such appeal.
R. S. Art. 2534 (2455).
Damages may be recovered in the county court for withholding the
possession of the premises during the pendency of the appeal, and for
the reasonable expenses in prosecuting or defending the cause in the
county court.
R. S. Art. 2538 (2459).
GARNISHMENT.
R. S. Arts. 217-254 (183-220).
. WRITS OF GARNISHMENT, WHO MAY ISSUE AND WHEN.
The clerks of the district and county courts and justices of the peace
may issue writs of garnishment, returnable to their respective courts, in
the following cases:
1. Where an original attachment has been issued as provided in the
foregoing chapter.
2. Where the plaintiff sues for a debt and makes affidavit that such
debt is just, due and unpaid, and that the defendant has not, within his
knowledge, property in his possession, within this State, subject to execu-
tion, sufficient to satisfy such debt; and that the garnishment applied
for is not sued out to injure either the defendant or the garnishee.
3. Where the plaintiff has a judgment and makes affidavit that the
defendant has not, within his knowledge, property in his possession
within this State, subject to execution, sufficient to satisfy such judg-
ment.
R. S. Art. 217 (183).
Bond when no attachment has issued and no judgment has been
rendered :
In the case mentioned in subdivision 2 of the preceding article,
the plaintiff shall execute a bond, with two or more good and sufficient
sureties, to be approved by the officer issuing the writ, payable to the
defendant in the suit, in double the amount of the debt claimed therein,
conditioned that he will prosecute his suit to effect and pay all damages
and costs that may be adjudged against him for wrongfully suing out
such attachment:
R. S. Art. 218 (184).
The case shall be docketed in the name of the plaintiff as plaintiff,
and of the garnishee as defendant.
240 TEXAS CIVIL FORM BOOK.
No. 324.
APPLICATION FOR GARNISHMENT — ORIGINAL ATTACHMENT.
The State of Texas, County of In Court, of
County, Texas, Term, A. D. 19 vs.
, Garnishee in Suit vs ^. . . .
No
To the Clerk of the Court of County, Texas :
Now comes , the plaintiff in the cause of
vs , now pending in this court, the file number of which
is No , and applies for a writ of garnishment to issue to ,
and for cause plaintiff says:
First. That on the ... day of , A. D. 19 . ., plaintiff, ,
sued , defendant in said cause No , for a debt upon a
certain promissory note, and had an original attachment to issue in said
cause, as is provided by law in such cases, for the sum of dollars,
principal and interest; said note is not yet due and payable, and is in
words and figures substantially as follows: (here describe the
note).
Second. Plaintiff says that he has reason to believe, and does believe,
that the garnishee, , a resident citizen of ,
County, Texas, is indebted to the defendant, or that he has
in his hands effects belonging to the defendant. (If the garnishee is
an incorporated or joint-stock company, then state.)
Plaintiff says that he has reason to believe, and does believe, that the
garnishee (an incorporated or joint-stock company, as the case may be,
giving the name and place of business), of which is presi-
dent (treasurer or secretary, as the case may be), is indebted to the
defendant, or that it has in its hands effects belonging to the defendant,
, and that the defendant is the owner of shares in such
company, or has an interest therein.
Third. Plaintiff further says that the writ of garnishment applied
for is not sued out to injure either the defendant or the garnishee.
Sworn to and subscribed before me, this the .... day of
A. D. 19..
R. S. Art. 219 (185).
Garnishment can issue only when the debt is due, except in a case in
which an original attachment has issued.
62 8. W. R. 018. Affidavit against corporation must state, etc. Underwood
vs. First Nat. Bank, 62 S. W. R. 943.
TEXAS CIVIL FORM BOOK. 241
No. 325.
APPLICATION FOR GARNISHMENT — BEFORE JUDGMENT.
The State of Texas, County of In Justice's Court, Precinct
No. . . . ., County, Texas, Term, A. D. 19 ..
vs Garnishee in Suit
vs No. . . .
To the Honorable Court of said County:
Now comes , the plaintiff in the cause of
vs , now pending in this court, the file number of which
is No , and applies for a writ of garnishment to issue to ,
and for cause plaintiff says:
First. That on the day of , A. D. 19.., plaintiff,
: . ., sued , defendant in said cause No , for
a debt due upon account for the sum of dollars, and interest at
.... per cent per annum from the .... day of , A. D. 19. .;
that such debt is just, due and unpaid, and that the defendant,
, has not, within his knowledge, property in his possession,
within this State, subject to execution, sufficient to satisfy such debt.
Second. Plaintiff says that he has reason to believe, and does believe,
that the garnishee, National Bank of , Texas, a
private corporation doing business in , County, Texas,
of which is president, is indebted to the defendant, or that
it has in its hands effects belonging to the defendant. (If the garnishee
is an incorporated or joint-stock company, then state.)
Plaintiff says that he has reason to believe, and does believe, that the
garnishee (an incorporated or joint-stock company, as the case may be,
giving the name and place of business) , of which is
president (treasurer or secretary, as the case may be), is indebted to the
defendant, or that it has in its hands effects belonging to the defendant,
, and that the defendant is the owner of shares in such
company, or has an interest therein.
Third. Plaintiff further says that the writ of garnishment applied for
is not sued out to to injure either the defendant or the garnishee.
Sworn to and subscribed before me, this the .... day of
A. D. 19..
(Seal.)
R. 3. Arts. 217-219 (183-185).
Form Book — 16.
242 TEXAS CIVIL FORM BOOK.
No. 326.
APPLICATION FOR GARNISHMENT — AFTER JUDGMENT.
The State of Texas, County of In Justice's Court, Precinct
No , County, Texas, Term, A. D. 19. .
vs , Garnishee in Suit
vs No
To the Honorable Court of said County:
Now comes , the plaintiff in the above named cause, and
respectfully shows that he is plaintiff in the cause of vs.
, in this court, the file number of which is No , and
for cause plaintiff says:
First. That in said suit plaintiff recovered judgment against the
said defendant , on the .... day of , A. D. 19. .,
for the sum of dollars, with interest from date at the rate of
.... per cent per annum, and all costs of suit ; that nothing has been
paid or collected on this judgment, and the same is still in force and
unsatisfied, and there is now due on same the sum of dollars, and
that said defendant has not, within the knowledge of plaintiff, or of
the person making affidavit in support of this application, property in
his possession within this State subject to execution sufficient to satisfy
such judgment.
Second. That plaintiff has reason to believe, and does believe, that
, who resides in County, Texas, is indebted to the
defendant, or that he has in his hands effects belonging to defendant.
(If the garnishee is an incorporated or joint-stock company, then
state.) Plaintiff says that he has reason to believe, and does believe,
that the garnishee (an incorporated t>r joint-stock company, as the case
may be, giving the name and place of business), of which
is president (treasurer or secretary, as the case may be), is indebted to
the defendant, or that it has in its hands effects belonging to defendant,
, and that the defendant is the owner of shares in such
company, or has an interest therein. Plaintiff prays for a writ o"f
garnishment against the said , and for further proceedings
thereon, as in like cases are provided by law.
Sworn to and subscribed before me, this the .... day of
A. D. 19 ..
(Seal.)
R. S. Arts. 217-219 (183-185).
TEXAS CIVIL FORM BOOK. 243
No. 327.
BOND FOR GARNISHMENT.
The State of Texas, County of In Court of
County, Texas.
Whereas, in the cause of vs , suit now
pending in the Court of County, Texas, the file num-
ber of which is . . . . , , plaintiff, caused a writ of garnish-
ment to issue against ; we, the undersigned, ,
as principal, and and , as sureties, acknowl-
edge ourselves bound to pay to the sura of dollars,
conditioned that the above bound will prosecute his suit
against the said to effect and pay all damages and costs
that may be adjudged against him for wrongfully suing out such
garnishment.
Witness our hands this .... day of , A. D. 19 . .
Approved by me, this the .... day of , A. D. 19. .
(Seal.)
When no attachment has issued and no judgment has been rendered,
the plaintiff shall execute a bond, with two or more good and sufficient
sureties, to be approved by the officer issuing the writ, payable to the de-
fendant in the suit, in double the amount of the debt claimed therein
R. S. Art. 218 (184).
No. 328.
WRIT OF GARNISHMENT.
The State of Texas. To the Sheriff or any Constable of
County, Texas — Greeting :
Whereas, in the Court of County, Texas, (if a
justice's court, state also the number of the precinct), in a certain cause
wherein is plaintiff and is defendant, ihe-
plaintiff, claiming an indebtedness against the said of
dollars, besides interest and costs of suit, has applied for a writ
of garnishment against , who is alleged to be a resident of
your county (or to be within your county, as the case may be) : There-
fore you are hereby commanded forthwith to summon the said ,
if to be found within your county, to be and appear before the said
court at the next term thereof, to be held at . ._. , in said county, on
the .... day of , A. D. 19. ., then and there to answer upon oath
244 TEXAS CIVIL FORM BOOK.
what, if anything, he is indebted to the said , and was
when this writ was served upon him, and what effects, if any, of the
said he has in his possession, and had when this writ was
served, and what other persons, if any, within his knowledge, aro in-
debted to the said , or have effects belonging to him in
their possession (and if the garnishee be an incorporated or joint-stock
company, in which the defendant is alleged to be the owner of shares
or interested therein, then the writ shall proceed) ; and further to
answer what number of shares, if any, the said . . . .1 owns in,
such company, and owned when such writ was served.
Herein fail not, but of this writ make due return as the law directs.
Witness , Clerk of the Court of
County, Texas.
Given under my hand and seal of said court, at office in
this day of .". , A. D. 19. .
Clerk of Court, County, Texas.
By , Deputy.
(If in justice's court, then state as follows) :
. Given under my hand officially in , Texas, this .... day of
, A. D. 19..
Justice of the Peace, Precinct No , County, Texas.
R. S. Arts. 220-222 (186-188).
No. 329.
OFFICER'S RETURNS.
Came to hand on the day of , A. D. 19. ., at o'clock
. . m., and executed on the day of , A. D. 19. ., at
o'clock . . m., by delivering to the within named garnishee ,
in person, at , in County, Texas, a true copy of this
writ. The distance actually traveled in the execution of such process
is .... miles.
Constable Precinct No. ..,.., County, .Texas.
Fees. Serving writ, $ Mileage . . miles. $. .
Total, $
TEXAS CIVIL FOH.M BOOK. 245
No. 330.
CONTROVERTING ANSWER OF GARNISHEE.
. vs. No. . In ........ Court of
County, Texas, Term, A. D. 19 ..
To the Honorable Court of said County:
Xow comes , plaintiff in the above entitled and num-
bered cause, and says that he has good reason to believe, and does be-
lieve, that the answer of the said garnish ee herein, is in-
correct (here state in what particular said garnishee's answer
is believed to be incorrect).
Sworn to and subscribed before me, this the .... day of ,
A. D. 19 ..
(Seal.)
R. S. Art. 245 (211).
The defendant ma}' also, in like manner, controvert the answer of the
garnishee.
R. S. Art. 24(5 (212). White vs. San Miguel, 66 S. W. R. 311. Attorney's
fees. when. Rei<l vs. Walsh, 63 S. W. R. 940.
No. 331.
NOTICE TO GARNISHEE THAT HIS ANSWER IS CONTROVERTED.
The State of Texas. To the Sheriff or anv Constable of .
County — Greeting :
Wl»ereas, it appears that in a certain cause pending in the
Court of County (if justice's court, give the precinct), wherein
is plaintiff and is defendant, ,
a resident of your county, was summoned as garnishee and made answer
therein. And whereas, the said has filed in this court
(any court of the county where the garnishee may reside, having juris-
diction of the amount of the judgment in the original suit) a duly
certified copy of the original judgment in said suit and of the proceed-
ings in garnishment, including plaintiff's application for the writ of
garnishment, the answer of the said as garnishee, and the
affidavit of the said controverting the answer of the
said :
Now therefore you are hereby commanded to notify the said
that his answer has been so controverted, and that the
issue between him and the said will stand for trial at the
next term of this court, to be holden on the .... Monday in ,
A. D. 19, being the .... day of , A. D. 10. ., at the courthouse
"346 TEXAS CIVIL FORM BOOK.
of said county. Herein fail not, but have you before said court, ou
the said first day of the next term thereof, this writ, with your return
ihereon showing how you have executed the same.
Witness, etc. (to be dated and tested as other process from such court,
Mid shall be served by delivering a copy thereof to the garnishee).
R. S. Arts. 249-250 (215-216).
•p
No. 332.
WRIT SUMMONING GARNISHEE TO APPEAR BEFORE COMMISSIONER.
The State of Texas. To the Sheriff or any Constable of
County — Greeting :
Whereas, in a certain cause pending in the Court of .
Count}', wherein is plaintiff and is defendant,
wherein the plaintiff claims of the said defendant the sum of
dollars, besides interest and costs of suit, a writ of garnishment was
issued against of your county, which .was duly served upon
him on the .... day of , A. D. 19. ., requiring him to answer
thereto before the said court at its late term; and whereas, the said
garnishee has failed to answer as required by said writ; and whereas, a
commission has been issued by the said court and lodged in my hands,
whereby I am commanded to summon the said before me
to make such answer : Therefore, you are hereby commanded forthwith
to summon the said , if to be found within your county,
to be and appear before me, at my office in . , on the .... day of
, A. D. 19. ., then and there to answer upon oath what, if any-
thing, he is indebted to the aforesaid , and was when the
aforesaid writ of garnishment was so served upon him, and what effects,
if any, of the said he has in his possession, and had when
the said writ was so served; and what other persons, if any, within his
knowledge, are indebted to the said or have effects be-
longing to him in their possession; (and if the garnishee is an incor-
porated or joint-stock company, in which the defendant is alleged to be
the owner of shares, or interested therein, the writ shall proceed: and
further, to answer what number of shares, if any, the said
owns in such company and owned when the said writ was served, and
what interest, if any, he has in such company and had when the writ was
served.)
Herein fail not, but of this writ make return forthwith.
Witness my hand officially with the seal of my office hereon impressed
this the day of . , A. D. 19 . . .
(Seal.)
Notary Public (or such other officer, as the case may be), in and for
County, Texas.
R. S. Art. 233 (199).
TEXAS CIVIL FORM BOOK. 24?
No. 333.
RETURNS OF OFFICER ON WRIT OF COMMISSIONER.
Came to hand on the .... day of , A. D. 19. ., at . . . . o'clock
. . m., and executed on the .... day of , A. D. 19. ., at ....
o'clock . . m., by delivering to , the within named gar-
nishee, in person, a true copy of this writ, at , in
County, Texas. The distance actually traveled in the execution of such
process is .... miles.
Sheriff (or Constable) of County. Texas.
R. S. Art. 235 (201).
No. 334.
COMMISSIONER'S RETURN.
The State of Texas, County of
In obedience to the commission hereto attached, the said
personally appeared before me on the .... day of , A. D. 19. .,
and made his answer, under oath, and subscribed the same, before me,
which answer is hereto attached and returned with said commission.
In testimony whereof I have hereunto set my hand and seal of office
this day of , A. D. 19...
(Seal.)
Notary Public, County, Texas.
R. S. Art. 236 (202).
Should the garnishee appear and answer, in obedience to the writ,
the officer executing the commission shall return the same, together with
the answer of the garnishee, duly- certified under his hand and seal of
office, to the clerk of the court or justice of the peace who issued it, etc.
No. 335.
COMMISSIONER'S RETURN WHEN THE GARNISHEE REFUSED TO
ANSWER.
The State of Texas, County of
In obedience to the commission hereto attached, I issued a citation for
the said , which was served on the said on
the .... day of , A. D. 19. ., which citation and service indorsed
thereon, is returned with said commission. And I further certify that
the said failed to appear before me in obedience to said
writ (or the said appeared before me at the time and
248 TEXAS CIVIL FORM BOOK.
place named in said citation, but refused to make answer as therein re-
quired; or refused to answer fully, etc.)
In testimony whereof I have hereunto set my hand and seal of office
this .... day of , A. D. 19...
(Seal.)
Notary Public County, Texas.
R. S. Art. 237 (203).
No. 336.
COMMISSION TO TAKE ANSWER OF GARNISHEE RESIDING IN ANOTHER
COUNTY.
The State of Texas. To the Clerk of the District Court, the County
Judge, Clerk of the County Court, or any Xotary Public of
County — Greeting :
Whereas, on the .... day of , A. D. 19. ., in a certain cause
pending in this court, wherein -. . is plaintiff and
is defendant, the plaintiff claiming an indebtedness against the said
of dollars, besides interest and costs of suit, a writ
of garnishment was issued by this court against , of your
county, which was afterward returned duly served on the .... day of
, A. D. 19 . . ; and whereas, the said has failed to
make answer to the said writ:
Now therefore you are hereby commanded forthwith to summon the
said before you to answer upon oath what, if anything,
he is indebted to the said , and was when the said writ of
garnishment was served upon him, and what effects, if any, of the said
. he has in his possession, and had when the said writ was
served, and what other persons, if any, within his knowledge, are in-
debted to the said or have effects belonging to him in
tbeir possession. (If the garnishee be an incorporated or joint-stock
company, in which the defendant is alleged to be the owner of shares,
or interested therein, the commission shall proceed; and further to
answer what number of shares, if any, the said owns in
such company, and owned when the said writ was served, and what
interest, if any, he has in said company', and had when the said writ was
served.)
Herein fail not, but of this commission make return forthwith.
Witness , Clerk of the Court of County.
Given under my hand and seal of said court, at office in the town
of , this '. ... day of , A. D. 19
Clerk of Court, County, Texas.
Issued this day of , A. D. 19. . .
Clerk of . Court, County, Texas.
R. S. Art. 230 (196).
TEXAS CIVIL FORM BOOK. 249
No. 337.
GARNISHEE'S ANSWER.
vs Xo In Court of
, County, Texas, Term, A. D. 19 ...
To the Honorable Court of said County:
Now comes . , garnishee in the above entitled and num-
bered cause, and for answer herein to the writ of garnishment served
upon him, he says, that he is not now nor was he at the time said writ
of garnishment was served upon him, indebted in anything or amount
to the said (If indebted, then state, he is now and was
at the time said writ of garnishment was served upon him indebted to
the said , in the sum of dollars.)
That he is not now, nor was he at the time said writ of garnishment
was served upon him, in possession of any effects belonging to the said
; that he does not know of any person or persons who are
indebted to the said , or have effects belonging to him in
their possession.
Garnishee says that he had to employ an attorney to write this answer
for him at the reasonable costs of dollars.
Wherefore garnishee prays that he be discharged from any liability
under said garnishment, with his costs and attorney's fees, and for such
other and further relief and decrees of the court that he may be justly
entitled to.
Sworn to and subscribed before me, this the day of ,
A. D. 19...
(Seal.)
R. S. Art. 226 (192).
The answer of the garnishee shall be under oath, in writing, and
signed by him, and shall make true answers to the several matters
inquired of in the writ of garnishment.
No. 338.
REPLEVY BOND FOR GARNISHMENT.
The State of Texas, County of Xo In Court
of County, Texas.
Whereas, on the .... day of , A. D. 19. ., in the cause of
vs in the Court of
County, Texas, the file number of which is . . . ., , plain-
tiff, caused a writ of garnishment to issue out of said court against
, for the sum of dollars, which was on the .... day
of , A. D. 19. ., by the sheriff (or constable, as the case may be),
250 TEXAS CIVIL FORM BOOK.
of County, Texas, served on the said , named as
garnishee therein, which said suit of garnishment is now pending in
said court and undetermined; and whereas, , defendant,
desires to replevy any effects, debts, shares or claims of any kind seized
or garnished under and by virtue of said writ of garnishment :
Xow therefore in order to release from the lien of said writ any and
all debts, claims, shares and effects, if any, owing by or in the posses-
sion of the said and belonging to the said
at the date of service of said writ and which may be owing by him or
shall come into his possession up to the time of filing his answer as
garnishee in said cause (or which became due, etc., where the bond is
made after answer filed, we, the undersigned, , as prin-
cipal, and and ( , as sureties, acknowledge
ourselves bound to pay to 'the said , the sum of
dollars, conditioned for the payment of any judgment that may be ren-
dered against the said , as garnishee.
Witness our hands ihis the .... day of , A. D. 19 ...
Approved by me this, the .... day of . A. D. 19. . .
Said bond must be signed by two or more good and sufficient sureties
to be approved by the officer who issued the writ of garnishment, payable
to the plaintiff, in double the amount of plaintiff's debt.
R. S. Art. 225 (191).
No. 339.
JUDGMENT AGAINST GARNISHEE.
vs No In Court of
. . County, Texas, Term, A. D. 19 ...
On this the .... day of , A. D. 19. ., came on to be heard the
above entitled and numbered cause, and it appearing to the court upon
the answer of defendant, herein filed, to a writ of garnishment served
on him, the .... day of , A. D. 19. ., issued out of the
Court of County, Texas, (or Justice Court, precinct No ,
County, Texas, as the case may be), in cause No , wherein
is plaintiff and is defendant, that the said
defendant, , is indebted to in the sum of
dollars, and that said , plaintiff, has recovered
judgment against the said defendant, , in said cause No.
. . . ., for the sum of ....... dollars.
TEXAS CIVIL FORM BOOK. 251
It is therefore considered, ordered aud decreed by the court that
have and recover of and from the said ,
garnishee, judgment for the sum of dollars for his debt and the
further sum of : dollars for his costs, and all costs of suit in this
behalf expended, for which, execution may issue.
R. S. Art. 239 (205).
Should it appear from the answer of the garnishee, or otherwise, that
the garnishee has in his possession, or had when the writ was served,
any of the effects of the defendant liable to execution, the court shall
render a decree requiring the garnishee to deliver up to the sheriff or
any constable, presenting an execution in favor of the plaintiff against
the defendant, such effects or so much of them as may be necessary to
satisfy such execution.
R. 8. Art. 241 (207).
Where the garnishco is an incorporated or joint-stock company, and
it appears from the answer, or otherwise, that the defendant is the
owner of any shares of stock in such company, or any interest therein,
the court shall render a decree, ordering the sale under execution in
favor of the plaintiff against the defendant of such shares, or interest
of the defendant in such company, or so much thereof as may be neces-
sary to satisfy such execution.
R. S. Art. 242 (208).
No. 340.
JUDGMENT AGAINST GARNISHEE, WHEN REPLEVY BOND HAS BEEN
FILED.
vs , Garnishee. No In Court
of County, Texas, Term, A. D. 19 ..
On this the .... day of , A. D. 19. ., came on to be heard the
above entitled and numbered cause, and it appearing to the court upon
the answer of garnishee, , filed herein, to a writ of gar-
nishment served on him on the .... day of , A. D. 19. ., issued
out of the Court of County, Texas (or, justice court,
precinct No , County, Texas, as the case may be), in cause
No. . . ., wherein is plaintiff and is defend-
ant, that the said garnishee, , is indebted to said defend-
ant, , in the sum of dollars, and that said plaintiff,
, has recovered judgment against the said defendant,
, in said cause No . . . . , for the sum of dollars, to •
gether with the further sum of dollars costs; and it further ap-
pearing to the court that said defendant, , has heretofore
replevied the fund from the said , garnishee, by giving
bond in the sum of dollars, 'with and
252 TEXAS- CIVIL Fomi BOOK.
as his sureties, payable to the plaintiff herein, in double the amount of
plaintiff's debt, as provided by law, and conditioned for the payment of
any judgment that may be rendered aginst the said garnishee in this
suit, which bond was properly approved by this court and filed among
the papers in this cause on the . .'. . day of , A. D. 19. ., and that
the said garnishee, before judgment herein, m obedience to the law, paid
said sum of dollars to the said , defendant, owing
by said garnishee to him :
It is therefore considered, adjudged and decreed by the court that
plaintiff, . . , have and recover of and from the said
, garnishee, judgment for the sum of dollars for
his debt and the further sum of dollars for his costs, and all costs
in this behalf expended, but that no execution issue herein against said
garnishee.
R. S. Art. 225 (191).
The court in Plowman v. Eastman, 39 S. W. R. 171, holds that when
the defendant replevies the fund in the hands of the garnishee, as con-
ditioned by law, the garnishee is a nominal party to the suit, and judg-
ment may be rendered against him for the amount due, showing that
the fund had been replevied, but no execution should be awarded against
him, so that he may Ije fully protected by the bond. The plaintiff,
when said funds have been replevied, may make the sureties on the bond
parties to said suit, by having them duly cited to appear and answer
therein, or he may sue independently on the bond. If the defendant,
after he replevies the fund, fails to make any defense in the garnish-
ment suit, he nor his bondsmen can reopen the issues in the suit on the
bond.
McCoslin et al. v. David, 54 S. W. R. 404.
See Seinsheimer v. Flanagan, 44 S. W. R. 30: Tinsley v. Ardrey, 64 S. W. R.
805.
GUARDIANSHIP.
R, S. Arts. 2550-2800 (2469-2718).
No. 341.
APPLICATIONS FOR LETTERS OF GUARDIANSHIP.
The State of Texas, County of In County Court of
County, Texas, Term, A. D. 19. .
To the Honorable County Court of said County :
Now comes , who resides in County, Texas,
and shows to the court that is a boy and a minor about
.... years of age, residing in the said county of and is with-
out any lawful guardian of his person or estate. That said minor is
TEXAS CIVIL FORM BOOK. 253
ontitled to an estate, both real and personal, which is situated in the
said county of , of the probable value of dollars.
That the parents of the said minor are both deceased ; ,
the father of said minor, survived the mother of said minor, and at the
time of his death resided in the county of , aforesaid, and that
your applicant is in no way disqualified and is a proper person to act as
guardian of the person and estate of said minor.
Wherefore he prays that notice of his application be given as required
by law, and that he be appointed guardian of the person and estate of
said minor.
R. S. Art. 2569 (2488).
The above application will be varied to suit the circumstances, where
application is made by parent, guardian of the person or estate, persons
of unsound mind or habitual drunkards.
Temporary Guardians — 29th Ijeg. Reg.. Ses. (1905), p. 18.
No. 342.
APPLICATION FOR TESTAMENTARY LETTERS OF GUARDIANSHIP.
The State of Texas, County of In County Court of
County, Texas, , A. D. 19. .
To the Honorable County Court of said County:
Xow comes and shows that , deceased,
having survived his wife, , by his last will, which has been
regularly probated in said county of , appointed your petitioner
guardian of the person and estate of , their child, now
about .... years of age, and provided that your petitioner should not
be required to give bond, and that said minor is entitled to no estate
other than that derived from said testator.
\\lierefore he prays that citation issue, and that he be appointed
guardian of the person and estate of said minor, in accordance with the
provisions of said will.
254 TEXAS CIVIL FORM BOOK.
No. 343.
FORM OF INFORMATION ALLEGING PERSON TO BE OF UNSOUND MIND.
The State of Texas, County of In the County Court of
County, Texas, Term, A. D. 19. .
To the Honorable Judge of said Court:
Now conies , who resides in County, Texas,
and here now informs the court that is of unsound mind,
and is without a guardian, to the best of the knowledge and belief of
this informant.
Wherefore he prays the court to issue a warrant to the proper officer
commanding him to bring the said : . . . before the court at a
time and place to be named in the warrant, and if upon a trial it shall
be found that the said is of unsound mind, that the court
nppoint a guardian of the person and estate of him, the said
Subscribed and sworn to before me, this . . . day of , A. D. 19. .
(Seal.)
R. S. Art. 2737 (2655).
Who are entitled in case of person of unsound mind, etc.
R. S. Art. 2583 (2502).
The county judge, upon satisfactory information, shall, either in term
time or in vacation, issue a warrant to the proper officer, etc
R. S. Art. 2735 (2653).
No. 344.
CITATION.
The State of Texas. To the Sheriff or any Constable of
County -*- Greeting :
You are hereby commanded to cite all persons interested in the wel-
fare of , a minor, to appear at the next regular term of the
County Court of County, to be holden at the courthouse thereof,
in the city of , on the first Monday in , A. D. 19. ., the
same being the day of A. D. 19. ., and contest, if they see
proper to do so, the application of , which has been filed
in said court, for the guardianship of the person and estate of said
, a minor.
Herein fail not, but have you before said court at next term thereof,
TEXAS CIVIL FORM BOOK. 255
this writ, with your return thereon, showing how you have executed
the same.
Witness , Clerk of the County Court of
County.
Given under my hand and the seal of said court, at office in the city
of this'. ... day of , A. D. 19 . .
Clerk of County Court, County.
By , Deputy.
R. S. Art,. 2570 (2489).
No. 345.
CITATION TO MINOR FOURTEEN YEARS OF AGE.
The State of Texas. To the Sheriff or any Constable of
County — Greeting :
You are hereby commanded to summon , a minor, four-
teen years of age. to appear before the County Court of County,
to be held in , at the courthouse of said county, on the ....
Monday in next, being the .... day of , A. D. 19 . . , then
and there to answer the application of , which has been
filed in said court, and show cause, if any . .he. . can, why said
should not be appointed guardian of person and estate.
Herein fail not, but of this writ make due return as the law directs,
showing how you have executed the same.
Given under my hand and official seal at my office in Texas,
this day of .* A. D. 19..
(Seal.)
Clerk County Court, County, Texas.
By , Deputy.
R. S. Art. 2573 (2492).
1 * •
No. 346.
WAIVER OF CITATION AND SELECTION OF GUARDIAN BY MINOR OVER
FOURTEEN.
No Guardianship of , a Minor. Application for
Guardianship in County Court of County, Texas.
And now comes , the minor mentioned in the applica-
tion for guardianship, being over fourteen years of age, and waives the
issuance of citation by personal service, and makes choice of ,
as guardian of his person and estate.
R. S. Art. 2573 (2492).
256 TEXAS CIVIL FORM BOOK.
No. 347.
ORDER APPOINTING GUARDIAN FOR MINOR UNDER FOURTEEN YEARS
OF AGE.
Xo Guardianship of , a Minor. In County Court
of County, Texas, Term, A. D. 19 ..
On this the .... day of , A. D. 19. ., came on to be heard the
application of , for letters of guardianship on the person
and estate of , a minor, under fourteen years of age; and
it appearing to the court that due notice of said application. has been
given, and that said minor has no lawful guardian of his person or
estate, and that the said is qualified to receive letters of
guardianship :
It is therefore ordered by the court that the said be and
is hereby appointed guardian of the person and estate of the said
, and that letters of guardianship issue to him on his giv-
ing bond in the sum of dollars (double the estimated value of the
property), payable and conditioned as required by law, and taking the
oath within twenty days.
It is further ordered by the court that ,
and be and are hereb}r appointed appraisers to make due
appraisement of said estate, and make due return of same to this court.
R. S. Art. 2590 (2509).
No. 348.
GUARDIAN'S BOND.
The State of Texas, County of In County Court,
County, Texas.
Know all men by these presents, that we, , as principal,
and and and , as sureties, are
held and firmly bound unto , county judge of the
county of . . . , and his successors in office, in the sum of
dollars, conditioned that the above bound ,
who has been appointed by the County Court of County, guard-
ian of the person and estate of , a minor, will faithfully
discharge the duties of guardian of the person and estate of the said
minor according to law.
Witness our signatures this .... day of , A. D. 19. .
R. S. Art. 2GOO (2519).
Approved this .... day of ..... ., A. D. 19. .
County Judge, County, Texas.
TEXAS CIVIL FORM BOOK. 25?
The State of Texas, County of
1, , do solemnly swear that I will faithfully discharge
the duties of guardian of the person and estate of , a minor,
according to law.
[Signed ]
Guardian.
Sworn to and subscribed before me, this . . . day of , A. D. 19. .
R. S. Art. 2598 (2517).
Bond of the person and estate or estate must be double the estimated
value of the estate. Bond of the person, amount fixed by the court not
exceeding $1,000.
Art. 2601 (1879). Surety companies amended by 26th Leg. (1899), p. 229.
No. 349.
INVENTORY AND APPRAISEMENT.
No Guardianship of , a Minor. In County Court
of County, Texas, Term, A. D. 19. .
And now comes , guardian of the person and estate of
, a minor, and returns to the court an inventory of all
the property, real and personal, belonging to the estate of his said ward
that has come to his knowledge, which he has caused to be appraised.
And he also attaches hereto a list of the claims due and to become due
to said estate.
INVENTORY AND APPRAISEMENT.
REAL ESTATE.
acres of land, situated in County, Texas,
survey, appraised at $ .... per acre $
PERSONAL ESTATE
head of cattle, valued at $ .... per head $
head of horses, valued at $ .... per head $
Lot of household furniture, valued at $...., . $
Etc., etc.
The State of Texas, County of
Before me, the undersigned authority, on this day personally ap-
peared , and , who, being by
Form Book — 17.
258 TEXAS CIVIL FORM BOOK.
me duly sworn, states on oath that the foregoing is a true and correct
appraisement of the property belonging to the estate of ,
a minor, according to the best of their information and belief.
Sworn to and subscribed before me, this . . . day of , A. D. 19. .
(Seal.)
R. S. Art. 2612 (2531).
LIST OF CLAIMS.
, note, dated .... day of , A. D. 19 . ., due
day of , A. D. 19. ., for the sum of $. = ,
with 10 per cent interest from date $
, account dated .... day of , A. D. 19 . . , due
day of , A. D. 19 $
I, , guardian of the estate of , do solemnly
swear that the inventory and list of claims annexed hereto are a true
and perfect inventory and list of all the property, real and personal,
belonging to said estate that has come to my knowledge.
Sworn to and subscribed before me, this . . . day of , A. D. 19. .
(Seal.)
R. S. Art. 2613 (2532).
Must be made and returned to the court within thirty days after
guardian has taken the oath and bond.
R. S. Art. 2612 (2531).
No. 350.
FORM OF ORDER APPROVING INVENTORY, APPRAISEMENT AND LIST
OF CLAIMS.
Xo Guardianship of , a Minor. In County Court
of . County, Texas, Term, A. D. 19. .
This the .... day of , A. D. 19. ., came on to be considered
the report of the inventory, appraisement and list of claims of the estate
of , a minor, made by , and
who have heretofore been appointed by the court to
appraise said estate, and the court having examined the same, it is
ordered by the court that said report be and it is hereby in all respects
approved.
County Judge of County, Texas.
TEXAS CIVIL FORM BOOK. 259
No. 351.
FORM OF AFFIDAVIT OF CLAIMANT.
The State of Texas, County of
Before me, the undersigned authority, on this day personally ap-
peared , owner of the above and foregoing claim, who,
having been by me duly sworn, on his oath says that the said claim is
just, and that nothing has been paid or delivered toward the satisfac-
tion of such claim except what is mentioned or credited (if any) ; that
there are no counterclaims known to the affiant which have not been
allowed, and that the sum claimed is justly due.
Subscribed and sworn to before me, this . . . day of , A. D. 19. .
(Seal.) '
R. S. Art. 2704 (2622).
No. 352.
FORM OF AFFIDAVIT BY OFFICER OF CORPORATION, EXECUTOR, ETC.
The State of Texas, County of
Before me, the undersigned authority, on this day personally ap-
peared (here state capacity of affiant), who, having been
by me duly sworn, on his oath says that he has made diligent inquiry
and examination, and that he does verily believe that nothing has been
paid and delivered toward the satisfaction of such claim, except the
amount credited (if any) ; that there are no counterclaims which have
not been allowed, and that the sum claimed is justly due.
Subscribed and sworn to before me. this the .... dny of
A. D. 19. .
(Seal.)
R. S. Art. 2707 (2625).
No. 353.
ALLOWANCE OR REJECTION OF CLAIM.
The State of Texas, County of
I, , guardian of the estate of a minor,
finding upon an examination of the within claim (or of the foregoing
claim annexed hereto, as the case may be, describing the same) pre-
sented to me on the .... day of , A. D. 19 . . , by ,
as a claim against said estate, that it is duly authenticated, and be-
260 TEXAS CIVIL FORM BOOK.
lieving from the facts relating thereto, that it is just and owing (or
that is not just or owing, as the case may be), do hereby allow the same
(or reject the same, as the case may be) as a valfd claim for the full
amount thereof.
Guardian.
R. S. Art. 2709 (2627).
When a claim or any part thereof has been rejected by the guardian,
suit should be instituted within ninety days thereafter to establish the
same.
R. S. Art. 2711 (2629).
After claim has been presented and allowed, claimant shall present it
to the clerk of the court in which the guardianship is pending, who
shall enter it upon the claim docket.
R. S. Art. 2713 (2631).
No. 354.
APPROVAL OF CLAIM.
The State of Texas, County of
I, , judge of the county court of said county, finding,
upon the examination of the foregoing claim (here describe the claim,
giving amount, date, etc.), that it has been duly authenticated, as re-
quired by law, and allowed by , guardian of the estate of
, a minor, as a valid claim against the estate of said minor,
in favor of , and perceiving no error therein, do hereby
approve the allowance, made as aforesaid, classing said claim as number
, this the day of , A. D. 19. .
Judge of County Court, County, Texas.
R. S. Art. 2714 (2632).
The order of approval or disapproval of a claim has the force and
effect of a judgment.
R. S. Art. 2717 (2635).
The approval or disapproval of the claim by the court may be ap-
pealed from by the claimant or any person interested in a ward, to the
district court of said county, as in the case of any other judgment.
R. S. Art. 2718 (2636).
TEXAS CIVIL FORM BOOK. 261
No. 355.
ORDER ESTABLISHING CLAIM.
No Guardianship of , a Minor. In County Court
of County, Texas, Term, A. D. 19 ..
On this the .... day of , A. D. 19. ., came on for examination
the claim of . , against the estate of the said minor, for the
sum of dollars, with interest from the .... day of ,
A. D. 19. ., at the rate of .... per cent per annum. And it appearin'g
to the court that the said claim has been accepted by , the
guardian of said minor, and that the same is just, it is ordered that the
said claim be and is approved for the sum of dollars, with interest
from this date at the rate of .... per cent per annum.
R. S. Art. 2714 (2632).
No. 356.
APPLICATION FOR PAYMENT OF CLAIM.
No Guardianship of .»., a Minor. In County Court
of County, Texas, Term, A. D. 19 ..
Now comes and respectfully shows to the court that he
is the owner and holder of a claim against the estate of ,
a minor, for the sum of dollars, established on the .... day of
, A. D. 19. ., by an order of this court, and bears interest from
said date at the rate of .... per cent per annum.
That , the guardian of said minor, has funds in his
hands sufficient to pay off said claim, but he refuses so to do.
Wherefore he asks for an order of the court requiring said
to pay his said claim.
R. S. Art. 2731 (2649).
No. 357.
ORDER REQUIRING GUARDIAN TO PAY CLAIM.
No Guardianship of a Minor. In County Court
of County, Texas, Term, A. D. 19. . '
On this the .... day of , A. D. 19. ., came on to be heard the
application of , to require , the guardian of
said , a minor, to pay his claims ; and it appearing to the
court that the said is the owner and holder of an estab-
lished claim for the sum of dollars with interest from the ....
day of , A. D. 19 . . , at the rate of .... per cent per annum ; "and
262 TEXAS CIVIL FORM BOOK.
it further appearing that there is in the hands of the said ,
guardian as aforesaid, funds sufficient to pay off said claim, it is ordered
that the said , guardian as aforesaid, do pay off and dis-
charge the said claim of out of the funds in his hands.
R. S. Art. 2731 (2649).
No. 358.
AFFIDAVIT OF DEMAND AND REFUSAL.
Xo. .... Guardianship of , a Minor.
Before me, the undersigned authority, on this day came ,
who, being by me duly sworn, states that on the .... day of ,
A. D. 19.., he made due demand of , guardian of
, a minor, for the payment of his claim against the estate
of said minor, which the said was ordered by the court, on
the .... day of , A. D. 19 . ., to pay, to wit, the sum of
dollars, with . . . per cent interest from the .... day of , A. D.
19. .; and that the said refused to pay the same, and
still refuses and neglects so to do.
Wherefore affiant asks for an execution against the property of the
said . . therefor.
Sworn to and subscribed before me, this .... day of , A. D. 19 ..
(Seal.)
R. S. Art. 2732 (2650).
Upon the filing of above affidavit the clerk shall issue an execution
against the property of said guardian for the amount ordered paid
claimant.
No. 359.
APPLICATION TO INVEST MONEY.
No. .... Guardianship of . .N , a Minor. In County Court
of County, Texas, Term, A. D. 19 . .
To the Honorable , Judge of said Court:
Xow comes , guardian of the person and estate of
, a minor, and respectfully shows the court that there is
in his hands dollars in money belonging to said ward beyond
what is necessary for the education and maintenance of said ward, and
would further show that he has an opportunity of investing said funds
in the bonds of the United States, etc. (here describe the bonds or the
nature of the investment. Said funds under the order of the court may
TEXAS CIVIL FORM BOOK. 263
be invested in the bonds of the United States or of the State of Texas,
or may be loaned for the highest rate of interest that can be obtained
therefor).
Wherefore he asks the court that he may be authorized to make such
investment.
Guardian.
R. 8. Art. 2639 (2558).
Note and mortgage shall be given for money loaned.
R. S. Art. 2640 (2559).
Application may also be made by the guardian for the investment of
the surplus money of the ward in real estate.
R. S. Art. 2641 (2560).
No. 360.
FORM OF ORDER AUTHORIZING INVESTMENT IN REAL ESTATE.
No Guardianship of , a Minor. In County Court
of County, Texas, Term, A. D. 19 . .
On this the .... day of , A. D. 19. ., came on to be heard the
application of , guardian of the estate of ,
a minor, for an order authorizing him to invest surplus money of the
said minor on hand in real estate; and it appearing to the court that
due notice thereof has been given as required by law, and as the court
is satisfied that the investment will be beneficial to said minor, it is
therefore ordered that , guardian as aforesaid, be and he
is hereby authorized to invest any surplus money of said minor on hand
in the following described tract or parcel of land, to wit (here describe
the land), on the following terms, to wit (giving such directions as the
court may think it advisable to make).
R. S. Art. 2643 (2562).
Contract made under order of the court for the investment of money
in real estate shall be reported in writing to the court and approved by
the court.
R. S. Art. 2644 (2563).
264 TEXAS CIVIL FORM BOOK.
No. 361.
FORM OF ORDER CONFIRMING CONTRACT OF INVESTMENT OF MONEY
IN REAL ESTATE.
No Guardianship of , a Minor. In County Court
of County, Texas, Term, A. D. 19 . .
On this the .... day of , A. D. 19. ., came on to be heard in
the guardianship of , a minor, the report of ,
guardian of said minor, of investment of dollars, money of said
minor, in the following described tract or parcel of land, to wit: (here
describe the land), on the following terms, to wit: (here give the terms
and conditions of the -investment), in obedience to the order of this
court made on the .... day of ... ... ., A. D. 19. ., at a regular term
of court, and duly entered upon the minutes of this court as required
by law; and the court having inquired fully into the same, and being
satisfied that the investment will benefit the estate of said minor,
, and that the title of the said real estate is valid and un-
incumbered, it is therefore ordered, adjudged and decreed by the court
that said report of contract of investment be and the same is hereby
in all respects approved and confirmed, and that the said ,
guardian of the estate of . . . ., , a minor, as aforesaid, be and
he is hereby authorized to pay the said sum of money belonging to the
estate of said minor to , upon his compliance with the
terms of said contract of investment, and after this order has been
entered upon the minutes of this court.
R. S. Art. 2644 (2563).
Title to said real estate shall be made to said ward, and such real
estate shall be inventoried, appraised, managed and accounted for by
the guardian as other real estate of the ward.
R. S. Art. 2645 (2564).
No. 362.
APPLICATION FOR SALE OF PERSONAL PROPERTY.
S"o Guardianship of , a Minor. In County Court
of County, Texas, Term, A. D. 19. .
To the Honorable , Judge of said Court:
Now comes , guardian of the person and estate of
, a minor, and respectfully shows to the court that the
following personal property on hand belonging to said estate is liable
to perish, waste or deteriorate in value (or that it will be an expense or
disadvantage to the estate to keep the same on hand), to wit :
(here describe the property).
TEXAS CIVIL FORM BOOK. 265
Wherefore the guardian asks for an order of the court requiring him
to sell said property at public or private sale for cash, or on credit not
exceeding six months, as he may deem most to the advantage of said
estate.
Guardian.
R. S. Art. 2651 (2570).
No. 363.
APPLICATION FOR SALE OF STOCK ON THE RANGE.
No Guardianship of , a Minor. In County Court
of . County, Texas, Term, A. D. 19 . .
To the Honorable , Judge of said Court :
Now comes , guardian of the person and estate of
, a minor, and respectfully represents to the court that
there are about head of cattle belonging to said estate running
in (here give the location), which he is unable to collect or
command.
Wherefore he asks that the same be sold at public auction on a credit
of twelve months, secured as the law- requires.
Sworn to and subscribed before me, this . . . day of ..... , A. D. 19. .
(Seal.) ................
R. S. Art. 2652 (2571).
No. 364.
APPLICATION FOR SALE BY OWNER OF CLAIM.
No ..... Guardianship of ............ , a Minor. In County Court
of ......... County, Texas, ....... Term, A. D. 19 . .
To the Honorable ............ , Judge of said Court :
Now comes .................. , who is a resident of the county of
........ , complaining of ............ , guardian of the person and
estate of ............ , a minor, and respectfully shows to the court
that your petitioner is the owner and holder of a claim against the said
minor's estate for the sum of ...... dollars, which said claim has been
duly established and approved by an order of the court made and
entered on the .... day of ...... , 19. ., and bears interest from said
date at the rate of .... per cent per annum.
That it appears that there are no funds in the hands of said guardian
sufficient for the payment of said claim and there is no personal prop-
erty belonging to said estate unsold.
266 TEXAS CIVIL FORM BOOK.
Wherefore your petitioner asks that citation issue as required by law
to all persons interested, and that said guardian be cited to appear and
show cause why an order should not be made requiring him to sell real
estate for the payment of said claim, and to present to the court an
exhibit under oath showing fully the condition of said estate.
R. 8. Art. 2653 (2572).
No. 365.
APPLICATION FOR SALE OF REAL ESTATE BY GUARDIAN.
No Guardianship of , a Minor. In County Court
of County, Texas, Term, A. D. 19 ..
To the Honorable , Judge of the County Court of
County, Texas:
This, the application of , guardian of the person and
estate of , a minor, would respectfully show that it is
necessary to sell a portion of the real estate of said ward for the educa-
tion and maintenance of said ward (or for the payment of the debts
against said estate), for this: that all of the personal property belong-
ing to said estate has been sold, and the proceeds of the sale thereof and
of previous sales of land are insufficient therefor, and he refers to
the sworn exhibit hereto attached and made a part of this application
to show more fully the necessity for said sale.
Your applicant would further show that it would be more advanta-
geous to the estate of said ward to sell the following described real
estate, to wit : ; and further, that sale should be made at
private sale, partly for cash and partly on a credit.
Wherefore he asks that citation issue as required by law, and for an
order authorizing him to make sale of the above described land, and
that all further and necessary orders be made in the premises.
R. S. Art. 2654 (2573).
Citation shall be issued and posted for at least twenty days before the
first day of the term to which same is returnable.
R. S. Art. 2656 (2575).
TEXAS CIVIL FOHM BOOK. 267
No. 366.
FORM OF EXHIBIT ACCOMPANYING APPLICATION FOR SALE OF REAL
ESTATE.
No Guardianship of , a Minor. In County Court .
of County, Texas, Terra, A. D. 19. .
Statement of the condition of the estate of , a minor,
by , guardian :
MONEY RECEIVED SINCE APPOINTMENT OF GUARDIAN.
Date.- On What Account Received. Amount.
, 19 .. To proceeds of acres of land sold
to , $
, 19 . . To rents on said land for year 19 . ., .... $
, 19 . . To proceeds .... head of horses sold $
Total receipts $
MONEY EXPENDED SINCE APPOINTMENT OF GUARDIAN.
Date. On What Account Expended. Amount.
, 19 .. By costs of court, , Vou. 1 . . $
, 19 .. By attorney's fees $
, 19 . . By allowance for support of said minor ... $
Total expenditures . . .
By balance on hand . . .
CLAIMS ALLOWED AND UNPAID.
Note for $ , in favor of , for ,
dated .... day of , A. D. 19 . ., allowed .... day of
, A. D. 19 . ., with .... per cent interest from date.
CLAIMS REJECTED.
(Here describe claim ) $
Not sued on.
CONDITION OF SAID ESTATE.
Balance in money on hand $
Note , dated .... day of , A. D. 19. ., due ... .1
day of , A. D. 19. ., with ... per cent interest from
date $
The farm of ward, consisting of acres, and is now
rented for $,
(Here state such other facts that may be necessary, showing fully the
condition of said estate.)
268 TEXAS CIVIL FORM BOOK.
TKe State of Texas, County of
Before me, the undersigned authority, on this day personally ap-
peared ., guardian of the estate of , a minor,
who, being by me duly sworn, states on oath that the above and fore-
going instrument in writing is a true and correct exhibit showing fully
the condition of said estate.
Subscribed and sworn to before me, this the day of
A. D. 19 ..
(Seal.)
R. S. Art. 2654 (2573).
No. 367.
CITATION ON APPLICATION TO SELL REAL ESTATE.
The State of Texas. To the Sheriff or any Constable of . . .-
County — Greeting :
You are hereby commanded to cause to be posted, for twenty days,
exclusive of the day of posting, before the return day hereof, in three
of the most public places in County, one of which shall be at
the courthouse door, and no two of which shall be in the same city or
town, copies of the following citation:
The State of Texas, County of In the County Court,
Term, A. D. 19. .
To all persons interested in the welfare of . . ., a minor:
Know ye, that , guardian of the estate of
, a minor, having on the .... day of , A. D. 19. .,
filed in the County Court of . County, Texas, his application to
sell the following described land belonging to said minor, lying, being
and situate in the county of , State of Texas, to wit :
Now therefore these are to notify you, and each of you, who are in-
terested in the welfare of said minor, to be and personally appear at the
next regular term of the honorable county court, to be holden thereof
at the courthouse in the of , on the .... Monday in
, A. D. 19. ., same being the .... day of said month, and then
and there to show cause why such application should not be granted.
Herein fail not, but of this writ make due return, showing how you
have executed the same.
Witness my hand and official seal this .... day of , A. D. 19. .
(Seal.)
Clerk County Court, County, Texas.
By , Deputv.
R. S. Art. 2656 (2575).
TEXAS CIVIL FORM BOOK. 269
No. 368.
SHERIFF'S RETURN ON ABOVE CITATION.
Came to hand on the .... day of , A. D. 19. ., at . . . . o'clock
. . m., and executed on the .... day of , A. D. 19. ., by post-
ing a copy of the within citation at three of the most public places in
the county of , one of which was at the courthouse door of said
count}', another at , and another at , no two^of which
places are in the same city or town. The distance actually traveled in
the execution of such process is miles.
Sheriff of County, Texas.
By , Deputy.
Fees : Posting citations, $ ; mileage .... miles, $ Total,
Said notices shall be posted at least twenty days before the first day
of the term of the court to which such citation is made returnable.
R. S. Art. 2556 (2575).
No. 369.
ORDER OF SALE.
Xo Guardianship of , a Minor. In County Court
of County, day of , A. D. 19. .
This day came on to be heard in the guardianship of ,
a minor, the application of , guardian of the person and
estate of said minor, for the sale of real estate belonging to the said
minor; and it appearing to the court that due notice of said application
has been given as required by law, and that it is more advantageous to
said estate to sell the land mentioned in said application, to wit: (here
describe the land) ; and it further appearing to the court that said land
ought to be sold for one-half cash (or, for cash) and the balance on a
credit of twelve months, at private sale, and that it is necessary that the
same should be sold for the support and maintenance of said ward :
It is therefore ordered, adjudged and decreed by the court that the
said , guardian as aforesaid, sell the above described tract
of land at private sale for one-half cash (or, cash, as the case may be)
and the balance on a credit of twelve months, secured as the law directs,
and that he make due report of said sale at the present term of this
court in accordance with law.
R. S. Art. 2660 (2579).
270 TEXAS CIVIL FORM BOOK.
No. 370.
FORM OF NOTICE OF SALE BY GUARDIAN.
No Guardianship of , a Minor. In County Court
of County, Texas, .... day of , A. D. 19 . .
Notice is hereby given that I, , guardian of the estate
of , a minor, will, on the .... day of , A. D. 19 . .,
being the first Tuesday of said month, at , in the county of
, State of Texas, sell at public auction to the highest bidder
the following described tract or parcel of land belonging to said estate,
to wit: (here describe the land). The terms on which I will sell said
above described land as follows, to wit: (here give the terms).
Witness mv hand this the . . dav of . , A. D. 19. .
Guardian of the Estate of , a Minor.
R. S. Art. 2666 (2585).
Guardians' sales governed by same rules as execution sales.
R. S. Art. 2666 (2585).
Notice of private sale not required.
R. S. Art. 2667 (2586).
No. 371.
REPORT OF SALE.
No "Guardianship of , a Minor. In County Court
of County, Texas. day of , A. D. 19. .
To the Honorable , Judge of said Court:
Now comes , guardian of the said minor, ,
and respectfully report to the court, that in obedience to an order of this
court made and entered in said guardianship on the .... day of ,
A. D. 19 . . , he sold (if at public auction, state : at public vendue on the
first Tuesday in , A. D. 19 . ., being the .... day of , A. D.
19. ., at the courthouse in the said county of , between the .hours
prescribed by law ; if at private sale, state : at private sale on the ....
day of , A. D. 19. ., at , in the said county of .),
the said tract of land fully described in said order of court, to wit:
(here describe the land), and that . became th«
purchaser of said land at the sum of dollars per acre, making an
aggregate of dollars for the entire tract. Said land was sold in
obedience to said order of court made on the .... day of , A. D.
TKXAS CrviL FORM BOOK. 271
19.., as aforesaid, for one-half cash and the balance on a credit of
twelve months; and the purchaser is ready to comply with said terms
of sale whenever the same shall have been confirmed.
Sworn to and subscribed before me, this . . . day of , A. D. 19. .
(Seal.)
R. S. Art. 2673 (2591).
Sale shall be reported in thirty days [R. S. Art. 2672 (2590)], and may
be made in term time or vacation.
R. S. Art. 2674 (2592).
No. 372.
ORDER CONFIRMING SALE.
No Guardianship of , a Minor. In County Court
of County, Texas, Term, A. D. 19 ..
On this the . . . day of , A. D. 19. ., came on to be heard in the
guardianship of , a minor, the report of ,
guardian of said minor, of the sale of the tract of land hereinafter de-
scribed, made in obedience to the order of this court made and entered
on the .... day of , A. D. 19. . And it appearing to the court
that the said report of sale has been filed and docketed in the manner
and for the time required by law; and it further appearing upon exam-
ination that the said sale was fairly made, and in conformity with law,
and that said land brought a fair price; and it further appearing that
became the purchaser of said land at private sale for the
sum of dollars, payable one-half in cash and the balance on a
credit of twelve months to be secured as the law directs; that said sale
ought to be confirmed, and that the said land is described as follows, to
vit : (describe the land) :
It is therefore ordered, adjudged and decreed by the court, that the
said sale be and the same is in all respects approved and confirmed ; and
that the said report of sale be recorded by the clerk.
And it is further ordered that the said , guardian as
aforesaid, make a proper conveyance of the said land to the said
, upon liis compliance with the said terms of sale.
R. S. Art. 2675 (2593).
Report of sale may be acted on by the court at any time after the
expiration of five days from the filing of the same.
In case of sale of personal property no conveyance is necessary, but
the decree of the court confirming the sale shall vest the right and title
of the ward to the property sold in the purchaser, etc.
R. S. Art. 2677 (2595).
272 TEXAS CIVIL FORM BOOK.
No. 373.
FORM OF DEED BY GUARDIAN.
The State of Texas, County of
Whereas, by an order of the County Court of County,
sitting in matters of probate, made at the term, A. D. 19. ., of
said court, directing the sale of the tract of land hereinafter mentioned,
belonging to the estate of , a minor, guardianship of which
was then pending in said court, upon an application for an order to
sell land belonging to said estate made to said court on the .... day of
, A. D. 19. ., I, guardian of the estate of said
minor, did, on the .... day of , A. D. 19. ., sell at private sale
at , in the said county of , the said tract of land to
, for the sum of ...... dollars, one-half in cash and the
balance on a credit of twelve months in accordance with said order of
court made on the .... day of , A. D. 19. ., as aforesaid. And
whereas the report of said sale having been made to said court, was,
on the day of , A. D. 19. ., at the ... .term, A. D. 19. .,
of said court, in all respects approved and confirmed by the decree of
said court as follows (here recite the decree of confirmation) :
Now therefore in consideration of the premises and of . . .
dollars to me in hand paid by , the receipt of which is
hereby acknowledged, and one note for dollars payable twelve
months after date, of even date herewith, bearing .... per cent interest
per annum from date, and providing for ten per cent as an attorney's
fee for collection, payable to my order as guardian of said estate and
executed by the said , to secure the payment of which a
vendor's lien is hereby retained on the premises hereinafter described,
have granted, sold and conveyed, and by these presents do grant, sell
and convey unto the said . . . ., of County, in the State
of , all that certain tract or parcel of land situated in the
county of , and State of Texas, more particularly described as
follows, to wit: (here describe the premises).
To have and to hold the above described premises, together with all
and singular the rights and appurtenances thereto in anywise belonging
unto the said , his heirs and assigns forever.
Witness my hand this .... day of , A. D. 19 . .
Guardian of the Estate of , a Minor.
R. S. Art. 2678 (2596).
TEXAS CIVIL FORM BOOK. 273
No. 374.
ACKNOWLEDGMENT OF GUARDIAN'S DEED.
The State of Texas, County of
Before me, , a notary public in and for the county of
, and State of Texas, on this day personally appeared
. , known to me (or proved to me on the oath of ),
to be the person whose name is subscribed to the foregoing instrument,
and acknowledged to me that he executed the same, as guardian of the
estate of , a minor, for the purposes and consideration
therein expressed and in the capacity therein set forth.
Given under my hand and seal of office this the .... day of ,
A. D. 19..
(Seal.)
Notary Public in and for County. Texas.
R. S. Art. 2678 (2596).
No. 375.
FORM OF ANNUAL ACCOUNT OF GUARDIAN.
No Guardianship of , a Minor. In County Court
of County, Texas, Term, A. D. 19 ..
To the Honorable , Judge of said Court :
Now comes , guardian of the said minor, ,
and respectfully presents herewith his annual account with the estate
of said ward for the year 19 . .
1. Property not previously inventoried or listed:
•a. Real estate.
b. Personal estate.
c. Lists of claims.
Note of for money loaned, dated .... day of ,
A. D. 19. ., for the sum of $
2. Changes in property :
d acres of land in County, Texas, mentioned
in inventory, was sold by an order of the court made ....
day of , A. D. 19. ., for dollars, which will be
found charged as receipts,
e acres of land for which suit was pending; suit finally
decided in favor of ward.
3. Receipts and disbursements:
, guardian of , a minor, in account with
said ward.
Form Book — 18.
274 TEXAS CIVIL FORM BOOK.
TO EECEIPTS.
June 1st. To proceeds of land sold to
July 1st. To interest of ,
BY DISBURSEMENTS.
19..
August 1st. By costs of court, Vou. 1
August 2d. By attorney's fees, Vou. 2
September 1st. By board twelve months, Vou. 3 . .
September 2d. By loan to , Vou. 4 .
Bv balance on hand. .
To balance due ward $
4. Claims allowed and unpaid :
dollars in favor of , attorney fees for defending
suit for land, allowed .... day of , A. D. 19. ., with .... per
cent interest.
5. Claims rejected:
Order of ward in favor of for buggy hire, $ , not
sued on.
6. Money and property on hand — condition and use :
f. Balance in money on hand, $
g. Notes , dated .... day of , A. D. 19. ., ...
per cent from date, $
h. The farm of ward, which is in good condition and is now
rented for $
i. The acres of land in County are unimproved
and timber is being destroyed.
7. Other facts to show the true and exact condition of the estate.
(Here state such other facts as may be necessary to show the true and
exact condition of the estate.)
The State of Texas, County of
Before me, clerk of the county court (or notary public, as the case
may be), of County, Texas, personally came ,
guardian of the person and estate of , a minor, who, being
duly sworn, states on oath that the foregoing account contains a correct
and complete statement of the matters to which it relates.
Subscribed and sworn to before me, this . . . day of , A. D. 19. .
(Seal.)
Clerk of County Court (or Notary Public) County, Texas.
R. S. Art. 2684 (2602).
TEXAS CIVIL FORM BOOK. 275
The guardian of an estate shall annually return to the court his ac-
count as set forth in above article.
The guardian of the person, where there is a separate guardian of the
estate, shall annually return to the court an account, supported by his
affidavit, showing the items of expenditure since the last account for
the education and maintenance of the ward.
Art. 2683 (2601).
FORM OF FINAL ACCOUNT OF GUARDIAN.
See Form No. 81 (under Administration.)
R. S. Art. 2765 (2683).
No. 376.
NOTICE ON ANNUAL ACCOUNT OF GUARDIAN.
The State of Texas. To the Sheriff or any Constable of
County — Greeting :
You are hereby commanded to cause to be posted for twenty days,
exclusive of the day of posting, before the return day hereof, on the
courthouse door of said county, a copy of the following notice:
The State of Texas, to All Persons Interested in said Minor :
, guardian of the estate of said minor, ,
has filed in the county court of County, Texas, an annual
account of the condition of the estate of said minor, for the year ending
on the .... day of , A. D. 19. ., which will be heard by our said
county court on the .... Monday in , A. D. 19. ., the same being
the .... day of , A. D. 19. ., at the courthouse of said county in
, at which time all persons interested in said minor may
appear and contest said annual account, should they desire to do so.
Herein fail not, but have you before said court on the said first day
of the next term thereof, this writ, with your return thereon, showing
how you have executed the same.
Witness , Clerk of the County Court of County.
Given under my hand and seal of said court at office in ,
this the day of , A. D. 19. .
Clerk County Court, County, Texas.
By , Deputy.
R. R. Art. 2686 (2604).
Shall be posted for twenty days as in Form No. 370.
276 TEXAS CIVIL Fomr BOOK.
No. 377.
ORDER APPROVING ANNUAL ACCOUNT.
No Guardianship of , a Minor. In County Court of
County, Texas, Term, A. D. 19 ..
On this the .... day of , A. D. 19. ., came on to be heard for
examination the annual account of , guardian of the said
, a minor; and it appearing to the court that due notice
has been given of the filing thereof, and that the same has been con-
tinued for a term of the court as required by law ; and it further appear-
ing upon examination that the said account is correct and shows a true
balance due said ward of dollars : It is therefore ordered that the
said account be and is hereby approved, and the same, together with the
accompanving vouchers, be recorded by the clerk.
R. S. Art. 2688 (2606).
When an annual account is presented it shall be filed, and the filing
thereof noted in the case upon the judge's docket, and without being
acted on shall be continued until the second regular term of the court
thereafter.
Art. 2685 (2603).
No. 378.
FORM OF APPLICATION TO RESIGN AS GUARDIAN.
No Guardianship of .a Minor. In County Court of
County, Texas, this .... day of , A. D. 19 . .
Now comes , guardian of the estate of the said minor,
, and states to the court that he wishes to resign as such
guardian, and he here now files with this application a full and complete
account of the condition of the estate of said minor , and
of his guardianship, verified by affidavit as required by law.
Guardian.
R. S. Art. 2692 (2G10).
Citation shall issue to all persons interested in such guardianship,
and shall be published once a week for three successive weeks in some
newspaper in the county, if there be one regularly printed therein; if
not, then such citation shall be posted for at least twenty days before
the return term thereof.
R. S. Art. 2694 (2612).
TEXAS CIVIL FORM BOOK. 277
No. 379.
FORM OF ACCOUNT OF GUARDIAN, ACCOMPANYING APPLICATION TO
RESIGN.
No Guardianship of , a Minor. In County Coutt of
County, Texas, this .... day of , A. D. 19 ..
Hon , Judge of said Court :
, guardian of the said minor, , would re-
spectfully present herewith a full and complete account of the condition
of the estate of said minor and of his guardianship, as follows, to wit :
MONEY RECEIVED SINCE MY APPOINTMENT.
Date. On What Account Received. Amount.
, 19. . To proceeds of .... acres of land sold to. ... $
, 19. . To rents on said land for year 19 , $
, 19. . To proceeds .... head of horses sold $
Total receipts
MONEY EXPENDED SINCE MY APPOINTMENT.
Date. On What Account Expended. Amount.
, 19. . By cost of court, Vou. 1 $
, 19 . . By attorney's fees $
, 19. . By allowance for support of said minor $
Total expenditures . ,
By balance on hand,
CLAIMS ALLOWED AND UNPAID.
Note for $ , in favor of , for , dated
.... day of , 19 . . , allowed .... day of ,
19 . . , with .... per cent interest
CLAIMS REJECTED.
(Here describe claim) $
Not sued on.
CONDITIONS OF THE AFFAIRS OF THE ESTATE.
Balance in money on hand $
Note , dated .... day of '.. A. D. 19. ., due
day of 19 ... with .... per cent interest from $
The farm of ward consisting of acres, and is now
rented for $
(Here state such other facts that may be necessary to show a full and
exact understanding of the guardianship.)
278 TEXAS CIVIL FORM BOOK.
The State of Texas, County of
Before me, the undersigned authority, on this day personally ap-
peared , guardian of the person and estate of ,
a minor, who, being by me duly sworn, states on oath that the above
and foregoing account contains a full and complete statement of the
matters to which it relates.
Sworn to and subscribed before me, this the .... day of
A. D. 19..
(Seal.)
R. S. Arts. 2695-2765 (2610-2683).
No. 380.
FORM OF ORDER UPON APPLICATION AND ACCOUNT OF GUARDIAN.
No Guardianship of , a Minor. In County Court of
County, Texas, .... day of , A. D. 19 ..
This day came on to be heard the application of guard-
ian of the estate of . ., a minor, accompanied by an account
showing the condition of said estate and guardianship duly verified as
required by law; and it appearing to the court that due notice thereof
has been given as the law requires, and the court having examined said
account, and heard all proof that was offered in support of the same,
and all objections, exceptions and proof offered against the same, it ap-
pears to the court that he, the said , guardian of the estate
of said minor, has accounted for all of said estate according to law, it
is therefore ordered that said account be and it is hereby in all respects
approved, and he, the said , is hereby directed to deliver
the estate of the said minor, . . . , remaining in his possession,
to , who is qualified by law to receive it.
County Judge of . County, Texas.
R. S. Art. 2695 (2613).
The above form can be varied for guardian of the person, or person
and estate, as the case may be.
TEXAS CIVIL FORM BOOK. 279
No. 381.
FORM OF ORDER DISCHARGING GUARDIAN.
No Guardianship of , a Minor. In County Court of
County, Texas, Term, A. D. 19 . .,
this day of , A. D. 19..
It appearing to the court that , guardian of the estate
of , a minor, has delivered the estate of the said minor in
accordance with the order of this court made on the .... day of ,
A. D. 19 . ., and entered upon the minutes of this court, to ,
and has produced to the court satisfactory evidence of that fact, it is
therefore ordered that the resignation of him, the said ,
guardian of the estate of said minor, be and it is here now accepted; and
it is also ordered that he, the said , be and he is hereby
discharged from the guardianship of said estate as guardian thereof.
County Judge of County, Texas.
R. S. Art. 2695 (2G13).
No. 382.
FORM OF ORDER REMOVING GUARDIAN.
No Guardianship of , a Minor. In County Court of
County, Texas, Term, A. D. 19. .,
this day of , A. D. 19..
This day came on to be heard the motion of , filed in
this court on the .... day of , A. D. 19. ., for the removal of
from the guardianship of the estate (or person, or person
and estate, as the case may be) of , a minor; and it ap-
pearing to the court that due notice of said motion has been given as
required by law; and it appearing to the court that he, the guardian of
the said estate of , a minor, has become of unsound mind
(or, here state some other legal cause), it is therefore ordered by the
court that he, the said , guardian as aforesaid, be and he
is hereby removed from the guardianship of the estate of the said
., minor. It is further ordered by the court that he sur-
render his letters of guardianship of said estate to this court, and that
he account for all the property of every kind belonging to the said estate
of , minor, and that he deliver all the property of even-
kind belonging to the estate of him, the said , minor, at
, in the county of , on the .... day of , A. D.
19.., to , who has been duly appointed guardian of the
estate of him, the said , minor, and who has duly qualified
280 TEXAS CIVIL FORM BOOK.
as such guardian in the place of him, the said , hereby
removed from said guardianship. (The manner of delivery can be
stated in order).
R. S. Art. 2697 (2&15).
Guardian can be removed with or without motion.
The above form can be varied for removal of guardian without notice.
R. S. Art. 2696 (2614).
No. 383.
CITATION ON APPLICATION FOR DISCHARGE OF GUARDIAN.
The State of Texas, County of No
To the Sheriff or any Constable of ,. . County — Greeting:
, guardian of the estate of the minor , hav-
ing filed in our county court his final account of the condition of the
estate of said minor . . . ., together with an application to be
discharged from the said guardianship:
You are hereby commanded to summon the said (here
state the name of said minor), if to be found in your county, to be and
appear at the next regular term of the county court to be held in and
for the county of at the courthouse thereof in , on the
.... Monday in , A. D. 19. ., and contest said account if he see
proper to do so at said ....... term, A. D. 19. .
\V itness my hand and seal of office at , this . . . day oi ,
A. D. 19..
Clerk County Court, County, Texas.
By , Deputy.
R. S. Art. 2767 (2685).
This comes under chapter 18, final settlement, when the ward dies,
or minor arrives at the age of twenty-one, etc.
No. 384.
FORM OF APPEAL BOND IN GUARDIANSHIP.
The State of Texas, County of ! No Guardianship of
, a Minor.
Whereas, in a certain proceeding in the County Court of ,
sitting in matters of probate, in the estate of , a minor.
the following judgment was rendered (here set out the judg-
ment), from which judgment has appealed to the District
TEXAS CIVIL FORM BOOK. 281
Court of County, Texas, and given notice of said appeal, an
entry whereof has been made of record in said county court, and the
amount of bond to be given has been fixed by said court at ....... dol-
lars : Now therefore we, , as principal, and :
and , as sureties, acknowledge ourselves bound to pay
, county clerk of County, Texas, and his success-
ors in office, the sum of dollars conditioned that ,
the appellant, shall perform the orders and judgment which the district
court may make therein in case the decision be against him, the said
, appellant.
Witness our hands this the .... day of , A. D. 19 ...
Approved this the .... day of , A. D. 19 . .
Clerk County Court, County, Texas.
R. S. Art. 2794 (2712).
No. 385.
FORM OF ORDER APPROVING FINAL ACCOUNT OF GUARDIAN.
No Guardianship of , a Minor. In County Court
of County, Texas, Term, A. D. 19. ..
day of , A. D. 19...
This day came on to be considered, in the guardianship of ,
a minor, the final account of , guardian of said minor,
filed in this court on the .... day of , A. D. 19. . ; and it appear-
ing to the court that due notice has been given of the filing thereof as
required by law, the court proceeded to examine the said account and to
hear all exceptions and objections thereto, and the evidence in support
of and against the account, and having fully considered the same, finds
it to be fair, just and correct.
It is therefore ordered by the court that the said final account be and
the same is hereby in all respects approved, and the said ,
guardian of said estate, is hereby directed to deliver the estate of him,
the said , remaining in his, the said guardian's, hands to
. . . , who is legally authorized to receive the same, and upon
his compliance with this order, he, the said guardian, , will
be discharged, and that said final account, together with this order, be
entered upon the minutes of this court.
R. S. Art. 2770 (2688).
282 TEXAS CIVIL FORM BOOK.
No. 386.
FORM OF ORDER DISCHARGING GUARDIAN AND CLOSING GUARDIAN-
SHIP.
Xo Guardianship of , a Minor. In County Court
of County, Texas, Term, A. D. 19
day of , A. D. 19...
On this day came on to be considered, in the guardianship of
, a minor, the report of , guardian of said
minor; and it appearing to the court that the said , guardian
of said minor, has in all things fully complied with the order of this
court made on the .... day of , A. D. 19. ., approving his final
account as guardian of said estate, and entered upon the minutes of this
court, it is therefore ordered by the court that he, the said ,
be and he is hereby fully discharged as guardian of the estate of the
said , minor; and it is also ordered that the guardianship
of the estate of him, the said , minor, be and the same is
hereby finally closed.
R. S. Art. 2770 (2688).
HOMESTEAD DONATIONS.
11. S. Arts. 41GO-4174 (3937-3951).
No. 387.
APPLICATION FOR HOMESTEAD.
The State of Texas, County of To Surveyor
of said County:
Now comes , who resides in County, in the
State of Texas, and respectfully represents that he has actually settled
on a certain tract of land situated in County, Texas, about
miles from the city of , and claims the same or one
hundred and sixty acres thereof, for himself in good faith, under the
laws now in force in this State granting homestead donations to actual
settlers, described and designated as follows : (here describe the
land) ; that he is without any homestead of his own, and that he believes
said land is vacant and unappropriated public domain.
Wherefore he requests that a survey thereof be made by virtue of his
rights aforesaid, and such other things be done by you in the premises,
as may be necessary to perfect his title to said land this the .... day of
, A. D. 19 .'.
R. S. Art. 4162 (3939).
TEXAS CIVIL FORM BOOK. 283
The State of Texas, County of
Before me , a notary public in and for , Texas,
on this day personally appeared , who being by me duly
sworn, upon his oath says that the facts as stated in the above and fore-
going application are true and correct.
Subscribed and sworn to before me, under my official hand and seal,
this the day of , A. D. 19 . .
(Seal.)
Xotary Public County, Texas.
R. S. Art. 4163 (3940).
The field notes, after being duly certified, mapped and recorded, shall
be returned to and filed in the General Land Office within twelve months
after the date of the survey.
R. S. Art. 4166 (3943).
No. 388.
AFFIDAVIT OF APPLICANT FOR HOMESTEAD.
The State of Texas, County of
Before me, , a notary public in and for
County, in the State of Texas, on this day personally appeared ,
who, being by me duly sworn, says that he has by himself (or that he
and his assignee have together), in good faith resided
upon, occupied and improved a certain tract of land situated in
County, Texas, about miles from the city of
, designated and described in application for homestead dona-
tion made by on the .... day of , A. D. 19. ., and
in field notes thereof now on file in the General Land Office in Austin,
in said State, for three consecutive years from the date of his applica-
tion for a homestead donation, to wit, from the .... day of ,
A. D. 19. ., being the date of the application made thereof, to the ....
day of , A. D. 19..
Subscribed and sworn to before me, this the day of ,
A. D. 19 . .
(Seal.)
Notary Public County, Texas.
R. S. Art. 4168 (3945).
284
TEXAS CIVIL FORM BOOK.
No. 389.
AFFIDAVIT CORROBORATING THAT OF APPLICANT.
The State of Texas, County of
Before me, , a notary public in and for the county of
, in the State of Texas, on this day personally appeared
and , known to me to be credible citizens of
said county of (or surveyor's district in which the land is
situated), each being by me duly sworn, for himself says that he has
seen and read the foregoing affidavit of for homestead
donation ; that he is disinterested in the homestead of the said ,
situated in said county of , about .... miles from the
city of , on which the said now resides; that the
said has resided upon, occupied and improved said land
for three consecutive years, to wit, from the .... day of , A. D.
19. ., to the .... day of , A. D. 19. . . ., during which time the
said lived on and claimed the same as a homestead
donation.
Subscribed and sworn to before me, by the said and
, respectively, this the .... day of , A. D. 19 . .
(Seal.)
Notary Public County, Texas.
No. 390.
APPLICATION TO PURCHASE HOME TRACT.
, Texas, , 190. .
To • , Commissioner General Land Office:
I hereby apply to purchase under the provisions of Title LXXXVII,
Chapter 12A, Revised Civil Statutes of 1895, and the amendments
thereto by the Act of May 19, 1897, and the Acts relating to the sale and
lease of Public Free School and Asylum lands, approved April 19, 1901,
and April 15, 1905, the following land situated in
County, Texas, about miles (give course) from County
Site; and I agree to pay for said land the price per acre specified below:
Section
Township Block Certificate i GRANTEE
Acres
Price
per acre
Classification
TEXAS CIVIL FORM BOOK.
285
I am over twenty-one years of age, and my postoffice address is
in County, Texas. I have, since the 19th day of
April, A. D. 1901, purchased from the State, Public Free School and
Asylum lands as follows:
Section
Township
Block
Certificate
GRANTEE
Acres ^' ®' Address when
I each purchase was made
i
|
i
1
i
For the purpose of securing said lands and of complying \vith the law
regulating the sale of the same, I hereby make and subscribe tj the fol-
lowing oath, to wit:
I, , do solemnly swear that I desire to purchase the said
land for a home and* that I will in good faith become in person an actual
bona fide settler on some portion of the land I purchase within ninety
days from the date my application is accepted,* or,* that I am now in
person an actual bona fide settler thereon,* and that I am not acting in
collusion with others for the purpose of buying the land for any other
person or corporation, and that no other person or corporation is directly
or indirectly interested in the purchase thereof.
(Signed) Applicant.
Sworn to and subscribed before me, this the . . dav of ... , 19 . .
, County, Texas.
(Officer must not omit seal.)
OBLIGATION.
$ Lands.
For value received, I, the undersigned, do promise to pay to the State
of Texas the sum of dollars, with interest thereon as hereinafter
specified, the same being for the balance of purchase money for the fol-
lowing described tract of land, purchased by me of the State of Texas,
in accordance with the provisions of Title LXXXVII, Chapter 12A, of
the Revised Civil Statutes of 1895, and the amendments thereto by the
Act of May 19, 1897, and the Acts relating to the sale and lease of
Public Free School and Asylum lands, approved April 19, 1901, and
April 15, 1905, to wit: of Section No Block ,
Township , in County, surveyed for the Free School
Fund bv virtue of Certificate No , issued to the
• NOTE. — If applicant Is now a set tier on this land he must strike out words
between first two stars, but if he intends to settle within ninety days he must strike
out words between last two stars.
286
TEXAS CIVIL FORM BOOK.
The annual interest of three per cent upon all unpaid principal, together
with one-fortieth of the original principal, I am to pay or cause to be
paid to the State Treasurer, at Austin, Travis County, Texas, on or
before the 1st day of each November thereafter, until the whole pur-
chase money is paid. And it is expressly understood that I am to comply
strictly with all the conditions, limitations, and requirements, and am
subject to and accept all the penalties contained and prescribed in the
above recited Acts.
Witness my hand this .... day of , 190 . .
Postoffice
INDORSEMENT ON THE BACK.
No .......
APPLICATION OF
P. 0
HOME TEACT.
SECTION
•
BLOCK
CERTIFICATE
ACHES
TOWNSHIP
GRANTEE
In .................................................. County .
Filed .................................................... 19.
Awarded ................................................. 19 .
Rejected .................................... ............. 19 .
Commissioner General Land Office.
Roll
Class
Appr'm't
Appl'n
Obligation . .
Seal
Map
Lease
On Market .
TEXAS CIVIL FORM BOOK.
287
File No
Filed
Appl. and oblig.
County
19. .
Commissioner.
File .Clerk.
No. 391.
APPLICATION FOR LAND AS ADDITIONAL TO HOME TRACT APPLIED
FOR.
Texa
190.
To , Commissioner General Land Office:
I hereby apply to purchase under the provisions of Title LXXXVI1,
Chapter 12A, Revised Civil Statutes of 1895, and the amendments
thereto by the Act of May 19, 1897, and the Acts relating to the sale and
lease of Public Free School and Asylum lands, approved April 19, 1901,
and April 15, 1905, the following land situated in ,
County, Texas, about miles (give course) from County
Site; and I agree to pay for said land the price per acre specified below:
Section Township Block Certificate GRANTEE Acres oe^acre Classification
j
I am over twenty-one years of age, and my postoffice address is
in County, Texas. I have, since the 19th day of
April, A. D. 1901, purchased from the State, Public Free School and
Asylum lands as follows:
^"'
Section Township Block Certificate GRANTEE Acres
!
288 TEXAS CIVIL FORM BOOK.
For the purpose of securing said lands and of complying with the law
regulating the sale of the same, I hereby make and subscribe to the fol
lowing oath, to wit:
I, , do solemnly swear that I desire to purchase the said
land as additional to my home tract which I have applied to purchase, as
follows: Section No ^ Block , Tsp ., Certificate
..'...., Grantee in County, and* that I will in
good faith become in person an actual bona fide settler on my home
tract, or some portion of the land I purchase within ninety days from the
date my application for my home tract is accepted,* or,* that I am now
in person an actual bona fide settler on my home tract,* and that I am
not acting in collusion with others for the purpose of buying the land
for any other person or corporation, and that no other person or cor-
poration is directly or indirectly interested in the purchase thereof.
(Signed) , Applicant.
Sworn to and subscribed before me, this the .... day of , 190. .
County, Texas.
(Officer must not omit seal.)
OBLIGATION.
$ Lands.
For value received, I, the undersigned, do promise to pay to the State
of Texas, the sum of dollars, with interest thereon as hereinafter
specified, the same being for the balance of purchase money for the fol-
lowing described tract of land, purchased by me of the State of Texas, in
accordance with the provisions of Title LXXXVII, Chapter 12 A, of
the Revised Civil Statutes of 1895, and the amendments thereto by the
Act of May 19, 1897, and the Acts relating to the sale and lease of
Public Free School and Asylum lands, approved April 19, 1901, and
April 15, 1905, to wit: of Section No ,. ., Block ,
Township , in County, surveyed for the Free School
Fund by virtue of Certificate No , issued to the
The annual interest of three per cent upon all unpaid principal, together
with one-fortieth of the original principal, I am to pay or cause to be
paid to the State Treasurer, at Austin, Travis County, Texas, on or
before the 1st day of each November thereafter, until the whole purchase
money is paid. And it is expressly understood that I am to comply
strictly with all the conditions, limitations and requirements, and am
subject to and accept all the penalties contained and prescribed in the
above recited Acts.
Witness my hand this .... day of , 190. .
Postoffice .
* NOTE. — If applicant is now a settler on his home tract he must strike out words
between first two stars, but if he intends to settle within ninety days he must strike
out words between last two stars.
TEXAS CIVIL FOBM BOOK.
289
INDORSEMENT ON THE BACK.
No
APPLICATION OF
P. 0
ADDITIONAL TO HOME APPLIED FOR.
SECTION BLOCK CERTIFICATE ACRES
TOWNSHIP GRANTEF
In County.
Filed 19 ..
Awarded 19 ..
Rejected 19 ..
Commissioner General Land Office.
Roll
Class
Appr'm't
Appl'n
Obligation
Seal
Map
Lease
On Market
File No
County
Appl. and oblig.
Filed 19 ..
Commissioner.
File Clerk.
290 TEXAS CIVIL FORM BOOK.
No. 392.
THIS PROOF IS FOR THE ORIGINAL PURCHASER.
The State of Texas, County of
Before me, the undersigned authority, on this day personally appeared
. . , . . ., who being by me duly sworn deposes and says that he is
the original purchaser from the State of Texas of School Sec-
tion No , Block No , in County, surveyed by virtue of
Certificate No issued to about miles
from county site. That at the date of the filing of his application to
purchase said land, he was in person an actual bona fide settler upon
section , in good faith making his home upon same, and
that from the time of filing said application he has actually in per-
son continuously occupied and resided upon same as his home for three
consecutive years; and affiant further states upon oath that within three
years from his purchase of said land he erected permanent and valuable
improvements upon the said section (or additional land) purchased by
him of the reasonable market value of three hundred dollars, the nature
and character of which are specifically described as follows, to wit :
Also at the same time personally appeared the three subscribing cred-
ible witnesses hereto, each of whom being by me duly sworn upon his
oath deposes and says: that the facts above stated with regard to occu-
pancy and of the three hundred dollars valuable and permanent im-
provements, as specified above, are within the knowledge of each, true
and correct, and each for himself says upon oath that he is not either
directly or indirectly interested in the land or the title thereto.
Principals
Witnesses.
Subscribed and sworn to before me, this .... day of , A. D. 19. .
INDORSEMENT ON THE BACK.
File No No. .
. Countv.
TEXAS CIVIL FOHM BOOK. 291
SCHOOL LAND.
PROOF OF OCCUPANCY AND IMPROVEMENTS BY ORIGINAL PURCHASER.
Piled 19. .
Commissioner.
File Clerk.
Certificate of Occupancy issued and sent to
. dav of . . 19 . .
Commissioner.
No. 393.
THIS BLANK IS FOR THE ASSIGNEE.
The State of Texas, County of
Before me, the undersigned authority, this day personally appeared
. . . ., who being by me duly sworn deposes and says that
by regular transfer he is the owner of School Section No ,
Block No , in County, surveyed for the public free school
fund by virtue of Certificate No , issued to , about ....
miles from the county site. That , the original
purchaser from the State was, at the date of the filing of his application
to purchase said land, in person an actual bona fide settler upon section
, and in good faith resided on and made his home upon same
continuously until he sold section and that and
each at the date of transfer to him became in person an
actual bona fide settler thereon, and in good faith made his home
thereon until he sold same; all of said occupancy and residence upon said
land aggregating three consecutive years from the date of the original
purchase from the State.
Affiant further states, upon his oath, that within three years from the
date of original purchase from the State there was erected upon said
land permanent and valuable improvements of the reasonable market
value of three hundred dollars, the nature and character of which said
improvements is stated and described specifically as follows, to wit:
(Describe land upon which is situated improvements.)
Also at the same time personally appears the three subscribing cred-
ible witnesses hereto, each of whom being duly sworn upon his oath de-
poses and says: that the facts above stated with regard to occupancy and
of the three hundred dollars valuable and permanent improvements, as
specified above, are within the knowledge of each, true and correct, and
292 TEXAS CIVIL FORM BOOK.
each for himself says upon oath that he is not either directly or in-
directly interested in the land or the title thereto.
Principal.
Witnesses.
Subscribed and sworn to before me, this . . . day of , A. D. 19. .
INDORSEMENT ON THE BACK.
File No No. .
County.
SCHOOL LAND.
PROOF OF OCCUPANCY AND IMPROVEMENTS BY ASSIGNEE.
.Filed 19 ..
Commissioner.
File Clerk.
Certificate of Occupancy issued and sent to
day of 19..
Commissioner.
No. 394.
PROOF OF SETTLEMENT.
The State of Texas, County of
Before me, the undersigned authority, on this day personally appeared
, who being by me duly sworn upon his oath says that
heretofore, to wit: On the .... day of , A. D. 19. ., he in good
faith actually, in person, settled upon School Section No...., Block
No , Township , Certificate , situated in the
County of , Texas, about .... miles from , for the
purpose of making his home upon the same, and that he is now in
person an actual bona fide settler upon same, and is in good faith
making his home upon said land.
Sworn to and subscribed before me, by , under my
official hand and seal, this .... day of , A. D. 19 . .
Notary Public in and for County, Texas.
TEXAS CIVIL FORM BOOK. 293
The purchaser of Public School Land has ninety days from the date
of the acceptance of his application within which to settle upon the land
so purchased, and thirty days thereafter in which to file in the Land
Office his affidavit of settlement.
Twenty-ninth Leg., Reg. Ses. (1905), page 162.
No. 395.
SCHOOL LAND DEED.
The State of Texas, County of
This indenture, made the .... day of , A. D. 19. ., between
, of the county and State aforesaid, part. . of the first
part, and , of the County of and State of
, part. . of the second part, Witnesseth: That the said part. ,
of the first part, for and in consideration of the sum of dollars,.
to in hand paid by the part. . of the second part, the receipt of
which is hereby acknowledged, ha. . bargained, sold and quitclaimed,
and by these presents do bargain, sell, convey and quitclaim, unto the
said , part . . of the second part, heirs or assigns
forever, all right, title and interest in and to that certain tract
of State school land situate, lying and being in . County, Texas,
known and described as follows :
Said land sold and awarded by to
on the .... day of , A. D. 19 . ., at dollars per acre
the first payment to the State and all interest payments due to
A. D. 19. ., have been paid.
To have and to hold the above described premises, together with all
the rights and appurtenances thereunto in anywise belonging unto the
said , part . . of the second part, . heirs and assigns
forever. And the said , part . . of the second part, do-
hereby assume the obligations of the original purchaser of said land to-
the State of Texas.
In witness whereof the parties to these presents have hereunto set
their hands, this .... day of A. D. 19 . .
Vendor.
Vendor.
Witnesses.
Vendee.
The State of Texas, County of
Before me, in and for County, Texas, on this
day personally appeared wife of known to-
294 TEXAS CIVIL FORM BOOK.
me to be the person whose name is subscribed to the foregoing instru-
ment, and having been examined by me privily and apart from her hus-
band, and having the same fully explained to her, she, the said
, acknowledged such instrument to be her act and deed
and declared that she had willingly signed the same for the purposes
and consideration therein expressed, and that she did not wish to retract
it.
Given under my hand and seal of office this .... day of , A. D.
19..
The State of Texas, County of
Before me, in and for County, Texas, on this
day personally appeared known to me to be the person . .
whose name subscribed to the foregoing instrument, and ac-
knowledged to me that executed the same for the purposes
and consideration therein expressed.
Given under my hand and se.al of office this .... dav of , A. D.
19..
The State of Texas, County of
I, , , Clerk of the County Court of said county, do hereby
certify that the foregoing instrument of writing, dated on the .... day
of , 19. ., with its certificate of authentication, was filed for record
in my office this .... day of , 19. ., at .... o'clock . .m., and
duly recorded the .... day of , 19. ., at .... o'clock . .m., in
the Deed Records of said county, in volume .... on pages ....
Witness my hand and the seal of the County Court of said county, at
office in the day and year last above written.
Clerk County Court County.
By , Deputy.
INDORSEMENT OX THE BACK.
TO
TEXAS CIVIL FORM BOOK. 295
SCHOOL LAND DEED.
Dated day of 19 ..
Filed for record day of
19. ., at o'clock . . in.
County Clerk,
County, Texas.
By , Deputy.
DEPOSITIONS OF WITNESSES.
R. S. Art. 2273-2291 (2218-2237). Art. 2274a, added and Arts. 2282 and
2284 amended by 29th Leg., Reg. Ses. (1905), page 106.
No. 396.
NOTICE OF FILING INTERROGATORIES.
vs No Suit Pending in
Court of County.
To , Defendant (or Plaintiff, as the case may be) or
, His Attorney of Record :
Sir : You will take notice that at the expiration of five days from the
service hereof I will apply to the clerk of the Court in and for
County (or to , Esq., a justice of the peace for
precinct No , County, as the case may be), for a com-
mission to take the depositions of , who reside (or is to be
found) in the county of , in answer to the accompanying
interrogatories, to be read as evidence in behalf of the plaintiff (or de-
fendant, as the case may be), on the trial of said cause.
Interrogatories propounded to witness :
Interrogatory 1st. What is your name, age, residence, etc.
R. S. Art. 2274 (2219).
No. 397.
PRECEPT TO SERVE NOTICE OF INTERROGATORIES.
vs No. . . . Suit Pending in
Court of County.
The State of Texas. To the Sheriff or any Constable of
County — Greeting :
You are hereby commanded that you serve , the plaintiff
(or defendant, as the case may be), in the above stated cause, or
, Esq., his attorney of record, with the accompanying
296 TEXAS CIVIL FORM BOOK.
certified copy of notice and interrogatories, propounded by the defend-
ant (or plaintiff, as the case may be) in said cause to ,
who resides (or is to be found) in the county of in the State
of
Herein fail not, but of this writ, and how you have executed the same,
make due return within five days after service.
Witness , Clerk of the Court of County.
Given under my hand and seal of said court at office in the town of
, this the day of , A. D. 19 . .
(Seal.)
Clerk Court, County.
R. S. Art. 2274 (2219).
No. 398.
INDORSEMENT AND RETURN ON PRECEPT.
No vs Precept to serve inter-
rogatories. Issued .... day of , A. D. 19 , Clerk.
By , deputy. Came to hand .... day of , A. D.
19. ., at . . o'clock . . m., and executed .... day of , A. D. 19. .,
at . . o'clock . . m., by delivering to the within named in
person, at , in County, Texas, a certified copy of the
notice and interrogatories mentioned in this writ. The distance actually
traveled in the execution of such process is .... miles ,
sheriff of County. By , deputy. Fees : Serving
writ, $ ; mileage, $ ; total, $
When the adverse party is a corporation or a joint-stock association
service may be had upon the president, secretary or treasurer of such
corporation or association, or upon the local agent representing such
corporation or association in the county in which the suit is pending, or
by leaving a copy of the notice and attached interrogatories at the
principal office of such corporation or association during office hours.
R. S. Art. 2274 (2219).
No. 399.
TO WHOM COMMISSION SHALL BE DIRECTED.
1. If the witness be alleged to reside or be within the State, the
commission shall be addressed to any clerk of the district court, any
judge or clerk of the county court, or any notary public of the proper
county.
2. If the witness be alleged to reside or be without the State, and
within the United States, the commission shall be addressed to any
clerk of a court of record having a seal, any notary public, or any com-
TEXAS CIVIL FORM BOOK. 297
missioner of deeds duly appointed under the laws of this State, within
some other State or territory.
3. If the witness is alleged to reside or be without the United States,
to any notary public or any minister, commissioner or charge d'affaires
of the United States resident in and accredited to the country where the
deposition may be taken, or any consul-general, consul, vice-consul, com-
mercial agent, vice-commerical agent, deputy consul or consular agent of
the United States resident in such country.
R. S. Art. 2281 (2226).
No. 400.
AGREEMENT AND APPLICATION FOR COMMISSION TO TAKE DEPOSI-
TIONS TO ORAL QUESTIONS.
vs No. . . . Suit Pending in
Court of County/ Texas, Term, A. D. 19 ...
To , Clerk of the Court (or Justice of the
Peace, as the case may be) :
, plaintiff, and , defendant, in the above
entitled and numbered cause, by their attorneys of record, desire and
agree to take the depositions of , a witness in said cause,
who resides (or is to be found) in County, Texas, in answer to
oral questions to be propounded to said witness, and agree that the
depositions of said witness may be taken by and before ,
a notary public in and for County, Texas (or any other officer
qualified to take the same), and hereby apply for a commission directed
to the said (officer agreed upon), commanding him to
subpoena the said to appear before him at the time and
place to be named therein to answer such oral questions that may be
propounded to him by plaintiff and defendant in said cause (and we
agree that the answers of said witness may be taken in narrative form).
When such agreement and application shall be filed in said cause, the
clerk of said court or justice of the peace, as the case may be, shall issue
a commission directed to the judge or clerk of any court of record,
notary public or justice of the peace, commanding him to subpoma such
witness to appear before such officer at the time and place to be named
therein, which process shall be directed to any sheriff or constable of the
county and State where said witness resides, and shall be executed and
298 TEXAS CIVIL FOUM BOOK.
returned like subpoenas in civil cases in the State. At least five days'
written notice of the time and place when and where the depositions of
the witness are to be taken shall be given by the officer taking the same
to both parties to such suit, or their attorneys of record.
29th Leg., Reg. Ses. (1905), page lOti.
No. 401.
NOTICE OF TAKING INTERROGATORIES.
vs No. . . . Suit Pending in
Court of County, Texas, Term, A. D. 19 ...
To , defendant (or plaintiff, as the case may be) or his
attorney of record:
Sir: You will take notice that on the .... day of , A. D.
19. ., at ... o'clock . . m., at my office in the city of , in
County, Texas, I will begin taking of the testimony of
, a witness in above cause, by virtue of a commission
issued out of the Court of ........ County, Texas, in above
entitled and numbered cause.
Upon receipt of such commission by any officer to whom it is directed,
whether such is to be taken orally or on written questions and answers
as provided in Art. 2274, Title 40, Chapter 2, he shall give at least five
days' notice in writing to both plaintiff and defendant, or their attorneys
of record, of the time and place, giving the particular address when and
where said deposition will be taken and stating the day and hour of the
day the taking of such testimony will begin; and if the witness and
officer executing the commission reside in this State and such witness
does not voluntarily appear before the officer at the time and place fixed
by him, he shall issue a subpoena, directed to the sheriff or any con-
stable of his county; requiring him to summons to appear and answer the
interrogatories and cross-interrogatories, if any, at a subsequent time and
place to be named in such subposna.
Art. 2262, amended by 29th Leg., Reg. Ses. (1905), page 100.
TEXAS CIVIL FORM BOOK. 299
No. 402.
INSTRUCTIONS TO THE OFFICER TAKING DEPOSITIONS.
First. The following caption to the answers of the witnesses should
be used, viz:
vs No Suit Pending in the
Court of County, Texas.
Answers and depositions of (here give the name and
residence of the witness or witnesses), to the accompanying direct and
cross-interrogatories propounded to (him, her or them) in the above
entitled cause, taken before (here give the name and
official character of the officer), in accordance with the accompanying
commission (or agreement, as the case may be).
Answers of the witness : To the first interrogatory he
answers, etc. To the second interrogatoiy he answers, etc.
, (Name of Witness.)
Sworn to and subscribed before me. this the .... day of ,
A. D. 19..
(Name and Official Character of Officer.)
Second. The answers of the witness having been reduced to writing,
must be signed and sworn to by him. The officer shall certify that the
answers of the witness were made, reduced to writing and read over to
the witness in the due order of such interrogatories and cross-interrog-
atories, and were then signed and sworn to by the witness before him,
viz :
The State of Texas, County of
I, , (here give the name and official character of the
officer) do hereby certify that the foregoing answers of ,
the witness before named, were made, reduced to writing and read over
to the witness in the due order of such interrogatories and cross-inter-
rogatories, and were then signed and sworn to by the witness before me.
Given under my hand and seal of office this .... day of ,
A. D. 19..
(Sign officially under seal.)
Third. The commission, interrogatories, cross-interrogatories, if any,
and answers must be sealed up in an envelope, and the officer shall write
his name across the seal, and indorse on the envelope the names of the
parties to the suit and of the witness, and direct the package, viz: To
the Clerk of the Court of County, Texas.
300 TEXAS CIVIL FORM BOOK.
Fourth. The following indorsement must be made on the package,
viz:
vs , Depositions of (name
of witness or witnesses).
R. S. Art. 2284, amended, 1905.
Fifth. Depositions may be returned to the court by mail, by a party
interested in taking the same, or by any other person. If sent otherwise
than by mail, the person delivering them into court shall make
affidavit before the clerk or justice of the peace that he received them
from the hands of the officer before whom they were taken; that they
have not been out of his possession since, and that they have undergone
no alteration. If sent by mail the postmaster or his deputy mailing the
same shall indorse thereon that he received them from the hands of the
officer before whom they were taken; and the clerk or justice taking
them from the postoffice shall indorse on them that he received them
from the postoffice, and sign his name thereto.
R. S. Art. 2286 (2231).
Sixth. The following form for envelope and indorsement thereon
will meet the requirements of the law:
[Front of Envelope.]
File No Court, County, Texas
vs Depositions of
Eeceived this package of the . . . .day of , A. D. 19. ., from the
hands of , the officer before whom they were taken, and
forwarded same the .... day of , A. D. 19. ., by due course of mail
as directed.
, Postmaster at
By , Deputy Postmaster at
[Back of Envelope.]
, officer before whom the inclosed depositions were
taken.
, officer before whom the inclosed depositions were
taken.
To the Clerk of the Court of County, Texas.
Fees. .
TEXAS CIVIL FORM BOOK. 301
No. 403.
WAIVER OF NOTICE IN DEPOSITIONS.
The State of Texas, County of Suit Pending in
Court of County, Term, A. D. 19 ...
vs Xo
, plaintiff, and , defendant, in the above
entitled and numbered cause, by their attorneys of record, hereby waive
notice of filing, time and service of copy, and return and the issuance of
commission (if the five days' time and issuance of commission are not
waived, then omit same, and add, " that commission do issue at once,"
or at the expiration of five days after date hereof), and agree that the
answers to the accompanying interrogatories may be taken on the
originals, by any officer duly authorized under the law to take and
certify to the same, and that when so taken, they may be returned into
court, subject to all other legal exceptions.
Witness our hands this .... day of , A. D. 19. . .
Attorney for Plaintiff.
Attorney for Defendant.
No. 404.
COMMISSION TO TAKE TESTIMONY.
The State of Texas, to the Clerk of the District Court, Judge or Clerk
of the County Court, or any Notary Public in and for the County of
, State of Texas — Greeting :
We hereby authorize and require you, or either of you, to summon
, a resident of your county, to come before you forthwith,
and that you then and there take his answers, under oath, to the attached
copy of direct and cross-interrogatories, and that you return the same,
without delay, to the clerk of this court, as herein provided:
"1. That you reduce his answers so taken to writing, in proper form,
and cause the same to be subscribed and sworn to by said witness.
2. That you certify under your hand and seal of office that said
answers were sworn to and subscribed before you.
3. That you seal up in an envelope the answers so taken, together
with the annexed interrogatories, and this commission, with your name
across the seal.
4. That you indorse on the envelope the name of the parties to this
suit, and the name of said witness.
302 TEXAS CIVIL FORM BOOK.
5. That you direct the package to the " Clerk of the Court
of County, Texas."
6. That if said package is sent by mail, the postmaster or his deputy
shall indorse thereon that he received it from your hands, and sign his
name thereto; or if you intrust it to private conveyance, as provided by
the statute, you will apprise the person receiving it that it must be
delivered to the clerk of this court by himself in person; which evidence,
so taken as above, is to be used on the trial of a suit now pending in the
Court of County, in said State of Texas, wherein
is plaintiff and is defendant.
Herein fail not, but make return of this writ as the law directs.
Given under my hand and seal of office at , Texas, this ....
day of , A. D. 19..
Attest
Clerk of the Court of County, Texas.
, Deputy.
R. S. Art. 2280 (2225).
No. 405.
INDORSEMENT ON COMMISSION.
File No In the Court of County, ........
Term, A. D. 19 vs Commission to
take the depositions of Issued the .... day of , A. D.
19 clerk. Eeturned and filed the .... day of ,
A. D. 19 clerk, Court of County,
Texas. By , deputy.
DEPOSITIONS OF PARTIES.
R. S. Arts. 2292-2298 (2238-2244).
The deposition of either party to a suit who is a competent witness
therein may be taken in his own behalf in the same manner and with
like effect with the depositions of other witnesses.
R. S. Art. 2292 (2238).
May take depositions of adverse party.
R. S. Art. 2293 (2239).
Where either party to any suit is a corporation, neither party thereto
shall be permitted to take ex parte depositions.
R. S. Art. 2293a (Acts 1897, p. 117).
TKXAS CIVIL FOHM BOOK. 303
No. 406.
AFFIDAVIT UPON DELIVERY OF DEPOSITIONS.
The State of Texas, County of
Before me, , a justice of the peace in and for precinct
No , of said county (if before the county or district clerk so state),
in person appeared , the bearer of the within package,
who, being duly sworn, says he received the same from the hands of
, notary public of County, in said State, that
the said package has not been out of his possession since, nor has it or
its contents undergone any alteration.
Sworn to and subscribed before me, this .... day of , A. D.
19..
K. S. Art. 2296 (2231).
No. 407.
AFFIDAVIT FOR SERVICE OF NOTICE OF INTERROGATORIES BY PUB-
LICATION.
vs. No Suit Pending in
Court of County.
Before me, the undersigned authority, on this day personally appeared
, plaintiff in the above entitled suit, who, being by me
duly sworn, says that , defendant therein, is without the
limits of the State of Texas, and not within the jurisdiction of this
court, and that said defendant has no attorney of record. Wherefore
he prays that notice of the filing of the attached interrogatories may be
given by publication.
Sworn to and subscribed before me, this .... day of , A. D.
19..
R. S. Art. 2275 (2220).
The above affidavit must be varied so as to state the fact as it exists,
which authorizes service by publication, viz: That the party is beyond
the jurisdiction of the court, or that he cannot be found, or has de-
ceased since the commencement of the suit, and such death has been
suggested at a prior term of the court, so that notice and copy of inter-
rogatories cannot be served upon him for the purpose of taking deposi-
tions, and such party has no attorney of record upon whom they can be
304 TEXAS CIVIL FORM BOOK.
served; or that he is deceased,, and that the persons entitled to ckim
by or through such deceased defendant have not made themselves parties
to the suit and are unknown.
R. S. Art. 2275 (2220).
No. 408.
CAPTION TO DEPOSITIONS IN THE FEDERAL COURTS.
The State of Texas, County of Suit Pending in the District
Court of the United States for the e. District of Texas,
Term, A. D. 19 . . '
vs No
Depositions of , witness for plaintiff, taken on the ....
day of , A. D. 19 . ., before me, , a notary public in
and for the county of , in the State of Texas, at my office in
the city of , between the hours of .... o'clock . . m., and
.... o'clock . . m., of said day. And the said , the
witness named in the notice hereto annexed, personally appeared before
me to depose in a civil case pending in the District Court of the United
States for the .... District of the State of Texas, wherein is
plaintiff and is defendant; and that I was then and there
attended l>j , Esq., counsel for plaintiff, and ,
Esq., counsel for the defendant ; and that said , being of
lawful age and sound mind, and being by me first duly examined, cau-
tioned and sworn to tell the truth, the whole truth, and nothing but the
truth, touching his knowledge of the matters and things in controversy,
in said civil cause, deposes and says as follows:
Question No. 1.
Answer, etc.
CERTIFICATE TO DEPOSITIONS IN THE FEDERAL COURT.
The State of Texas, County of
I, , a notary public ii\ and for said county and State,
do hereby certify that the facts stated by me in the caption to the fore-
going deposition are true ; that the foregoing deposition of ,
the 'witness, was, at the time named, reduced to writing by me, in the
presence of the deponent, and to him by me carefully read over, and
by him subscribed in my presence, after being so reduced to writing,
and that the reason for taking said deposition was that the deponent,
the witness, , resides at , Texas, more than one
hundred miles from , Texas, where said civil cause is appointed
to be tried (or any other statutory reason for the taking).
I further certify that I am not of counsel to either of the parties to
TEXAS CIVIL FORM BOOK. 305
this suit, nor interested in the event of this cause ; and that "it being
impracticable for me to deliver said deposition with my own hands into
the court for which it was taken, I retained the same for the purpose of
being sealed up by me and speedily and safely transmitted by mail to
said court, for which it was taken (or returned the same into court in
person), and to remain under my seal -entire until opened; that the fee
for taking the said deposition, to wit, $ , has been paid to me by
, the plaintiff, and that the same is just and reasonable
for the service.
Given under my hand and seal, at , Texas, this .... day of
. A. D. 19..
Notary Public, County, Texas.
No. 409.
PRECEPT TO SERVE NOTICE OF INTERROGATORIES BY PUBLICATION.
The State of Texas, to the Sheriff or any Constable of County—-
Greeting :
You are hereby commanded to make service, by publication in a news-
paper for thirty days of the following notice, in words and figures as
follows, to wit:
vs No Suit Pending in
Court of County.
To all persons interested in the above entitled suit:
Notice is hereby given that . .- , plaintiff, has filed inter-
rogatories in a certain suit pending in the Court (or before
, Esq., justice of the peace in precinct No , as the
case may be), of County, Texas, wherein is
plaintiff and . . . .' is defendant, No. . . . ., to , a
witness who resides in County, Texas, the answers to which will
be read in evidence on the trial of said cause; and has also filed an
affidavit in said suit that (here state the substance of the affidavit); and
that a commission will issue on or after the thirtieth day after the pub-
lication of this notice, to take the deposition of said witness.
Witness :
Clerk of the Court of County.
Given under my hand and the seal of said court, at office in the town
of . . this the . . dav of \. D. 19...
Clerk Court, County.
Form Book — 20.
306 TEXAS CIVIL FORM BOOK.
And of this precept, and how you have executed the same, make due
return.
Witness : :
Clerk ......... Court, County.
Given under my hand and the seal of said court, at office in the town
of , this the .... day of '., A. D. 19 ...
Clerk Court, County.
Issued this the .... day of , A. D. 19 ...
Clerk Court, County.
R. S. Art. 2275 (2220).
The above notice shall be published thirty days before commission
can issue.
No. 410.
OFFICER'S RETURN ON THE FOREGOING PRECEPT TO SERVE NOTICE
OF INTERROGATORIES BY PUBLICATION.
Came to hand on the .... day of , A. D. 19 . ., at . . . . o'clock
. .m., and I executed the within notice, by publishing the same for
thirty days in the , a newspaper published at ......... in the
county of , State of Texas, once in each week for four successive
weeks previous to the return day hereof, said publication having been
made, respectively, on the . . . . , . . . . , .... and .... days of ,
A. D. 19. ., and a printed copy thereof is returned herewith. The dis-
tance actually traveled in the execution of such process is .... miles.
Sheriff of County, Texas.
By , Deputy.
R. S. Art. 2275 (2220).
The statutes provide that said notice shall be published for thirty days
in some newspaper, but fails to state how often the same shall be pub-
lished, whether once or more than one issue. One issue made thirty days
before the issuance of commission would probably meet the requirements
of the law, but one issue in each week for four successive weeks, the first
issue being thirty days prior to the issuance of the commission, it seems
would fully meet the requirements of the statutes.
In suits where service of process has been made by publication and
the defendant has not answered within the time prescribed by law,
service of notice of filing interrogatories may be made at any time after
TEXAS CIVIL FORM BOOK. 307
the day when the defendant is required to answer, by filing such notice
among the papers of the suit at least twenty days before the issuance of
a commission; service of notice may also be had in the manner pre-
scribed in article 2275 (2220).
R. S. Art. 2276 (2221).
When suit has not been commenced, and when any person may antici-
pate the institution of a suit in which he may be interested, and may
desire to perpetuate the testimony of a witness to be used in such suit,
the depositions of such witness may be taken as provided in
R. S. Art. 2277 (2222).
No. 411.
SUBPOINA TO WITNESS TO ANSWER INTERROGATORIES.
The State of Texas, to the Sheriff or any Constable of County
— Greeting :
You are hereby commanded that you summon to be and
appear before me, a notary public in and for County, Texas, at
my office in the town of , in said county, on the .... day of
, A. D. 19. ., then and there to make his answers, under oath, to
certain direct and cross-interrogatories propounded to him, now in my
possession, issued out of the Court of County, Texas,
in a certain suit pending in said court, No , wherein
is plaintiff and is defendant, and that he continue his
attendance from day to day, until discharged by me.
Herein fail not, but have you then and there before me at my said
office this writ, with your return thereon, showing how you have ex-
ecuted the same.
Witness my official signature, at , Texas, on this, the ....
day of , A. D. 19...
Notary Public in and for County, Texas.
OFFICER'S RETURN TKEREON.
Came to hand on the .... day of , A. D. 19. ., at ... ..o'clock
. .m., and executed on the .... day of , A. D. 19. ., at ....
o'clock . . m., by reading the within subprena to , the
within named witness, at , in County, Texas. The
distance actually traveled in the execution of such process is .... miles.
Sheriff (or Constable) of County, Texas.
R. S. Art. 2282 (2227).
308 TEXAS CIVIL FORM BOOK.
If the witness after being duly summoned shall fail to appear, or
having appeared shall refuse to answer the interrogatories, such officer
shall have power to issue an attachment against such witness and to
fine and imprison him in like manner as the district and county courts
are empowered to do in like cases.
R. S. Art. 2283 (2228).
No. 412.
ATTACHMENT FOR WITNESS BY NOTARY.
The State of Texas, to the Sheriff or any Constable of County
— Greeting :
You are hereby commanded to attach the body of , and
bring him before the undersigned, at his office in the city of . . . ,
Texas, at .... o'clock . . m., on the .... day of , A. D. 19 . . ,
forthwith, then and there to testify as a witness in behalf of the
plaintiff, in a cause pending in the Court of County,
Texas, Avherein is plaintiff, and is defendant,
and to then and there answer certain interrogatories now on file with
me, attached to a certain commission issuing out of said court in said
case, and delivered to me for execution; and further, to show cause why
he should not be fined by me for disobedience to a writ of subpoena
heretofore issued by me in this behalf, wherein he was commanded to
appear before me, at my said office in the city of , Texas, on
the .... day of , A. D. 19. ., and it having been shown to me by
the affidavit of that the lawful fees have been paid or
tendered to said witness.
Herein fail not, but due return make of this writ forthwith, showing
how you have executed the same.
AAritness my hand and notarial seal this .... day of , A. D. 19. .,
(Seal.) :
Notary Public, County, Texas.
COMMITMENT OF WITNESS BY NOTARY.
The State of Texas, to the Sheriff or any Constable of County
— Greeting :
Wnj 'are hereby commanded that you take into custody, and commit:
to the jail of your county, , the witness, who has this day
been by me adjudged guilty of contempt, for refusing to answer certain
interrogatories propounded to him at my office in the city of ..........
Texas, while acting under and by virtue of a commission issued out of
the Court of . County, Texas, in a certain cause
therein pending, wherein is plaintiff and is
TEXAS CIVIL FORM BOOK. 309
defendant, said interrogatories having been delivered to me attached to
said commission; and I have fixed the punishment of the said witness
at a fine of dollars, and the costs in this behalf expended, and
imprisonment until such time as said witness shall have purged himself
of said contempt by consenting to give his true answers to the said
interrogatories. And you will him safely keep until such fine and costs-
have been paid, and until he is legally discharged by me.
Given under my hand and notarial seal this .... day of ,
A. D. 19.. >
Notary Public, County, Texas.
R. S. Art. 2283 (2228).
If the witness is fined and imprisoned by the notary, an order to £hal
effect should be entered by him on his notarial record.
INJUNCTION.
R. S. Arts. 2989-3016 (2873-2898).
Writs of injunction granted, when.
R. S. Art. 2989 (2873).
See also E. S. Arts. 82, restraint of contested claims under assign-
ment; 318-c, infringement of trade mark; 2984, restraining the husband
from disposing of property pending suit for divorce.
Gambling, 29th Leg., Reg. Ses. (1905), p. 372.
Local option, 29th Leg., Reg. Ses. (1905), p. 95.
No. 413.
PETITION FOR INJUNCTION TO RESTRAIN THE SALE OF PROPERTY.
vs In . Court, County,
Texas, Term, A. D. 19 ..
To the Honorable , Judge of said Court:
Now comes your petitioner, , a resident citizen of
County, and Staie of Texas, plaintiff in the above entitled
cause, complaining of , defendant, who resides in
County, Texas, and respectfully represents to the court, that heretofore,
to wit, on the .... day of , A. D. 19. ., he instituted in this court
his said suit against the defendant to recover on a certain promissory
note for dollars, payable to plaintiff on the .... day of ,.
310 TEXAS CIVIL FORM BOOK.
A. D. 19. ., executed and delivered to him by the said defendant, which
said promissory note, being then and now due, was then, and now is, the
property of this plaintiff.
Plaintiff further says that the said suit is still pending in this court,
being No on the docket hereof. He further says that the only
property owned by the defendant subject to execution, and which can
be sold to satisfy any judgment that may be rendered against him in
said suit, is that certain property described as follows : (here
describe the property) ; the debt involved in the said suit being for the
purchase money of the same. Plaintiff says that the said defendant is
now offering the said property for sale, and is endeavoring to accomplish
the sale of the said property, in order to realize the value of the same
pending judgment in said cause, to the end that it may not be subjected
to the paymen't of such judgment as may be rendered in favor of plain-
tiff in said cause, and to the irreparable damage of plaintiff in the sum
of dollars.
Wherefore, the premises considered, plaintiff prays your honor to
issue writ of injunction restraining the said defendant from selling or
further offering for sale the said property pending the determination of
the said suit now pending in this court.
The State of Texas, County of
I solemnly swear that I am the plaintiff in the above cause, and that
the matters stated in the foregoing petition are true.
Sworn to and subscribed before me, this the .... day of
A. D. 19..
(Seal.)
R. S. Art. 2992 (2876).
No. 414.
PETITION BY A LANDLORD AGAINST A LESSEE FOR YEARS, TO RE-
STRAIN WASTE.
The State of Texas, County of . . In District Court of ...
County, Texas, Term, A. D. 19 ..
To the Honorable , Judge of said Court :
Now comes your petitioner, , a resident citizen of
County, and State of Texas, hereinafter called plaintiff, com-
plaining of , who resides in County, Texas, here-
inafter called defendant, and for cause of action, plaintiff respectfully
represents to the court, that heretofore, to wit, on and prior to the ....
TEXAS CIVIL FORM BOOK. 311
day of , A. D. 19 . ., he was seized in fee simple, in his own right
of the following described land and tenements, to wit:
(here describe the same).
That plaintiff being so seized and possessed of said land and premises
as aforesaid, by a certain lease bearing date the .... day of ,
A. D. 19. ., and made between the plaintiff of the one part and said
defendant of the other part, he, the said plaintiff, did demise and lease
unto the said defendant, his executors, administrators and assigns, the
above described land and premises, to hold the same, with the appur-
tenances, unto the said defendant, his executors, administrators and
assigns, from the .... day of , A. D. 19 . ., for the term of
years, at the yearly rent of dollars.
That said defendant did, in and by virtue of said lease, for himself,
his heirs, executors, administrators and assigns, covenant, promise and
agree with the plaintiff, his heirs, executors, administrators and assigns,
that he would during the said term keep the said premises in good re-
pair, and manage and cultivate the said farm and lands in a proper and
husbandlike manner, according to the custom of the country, as will
more fully appear by said lease, to which reference is hereby made.
That said defendant, under and by virtue of said lease, entered upon
said demised premises, with the appurtenances, and became and was
possessed thereof for the said term, so to him granted by plaintiffs, as
aforesaid.
That a portion of said premises, containing about acres, con-
sists of standing timber of great value, to wit, of the value of
dollars; that defendant has commenced cutting down portions of said
timber, to plaintiff's damage dollars, and threatens to continue
cutting the same.
Wherefore plaintiff prays for a writ of injunction restraining the
defendant from cutting the remainder of the timber upon said premises,
and from selling, drawing away or interfering with such timber as has
already been cut and still remains upon said premises, and from com-
mitting or permitting any further waste or spoil in, on or to said de-
mised premises, or any part thereof; that said defendant be cited to
answer this petition; that plaintiff have judgment that said injunction
be made perpetual, and for his damage aforesaid and costs of suit, and
for such other and further relief, special and general, in law and in
equity, that he may be justly entitled to.
The State of Texas, County of
I solemnly swear that I am the plaintiff in the above cause, and that
the matters stated in the foregoing petition are true.
Sworn to and subscribed, etc.
R. S. Art. 2992 (2876).
312 TEXAS CIVIL FORM BOOK.
No. 415.
JUDGE'S FIAT ON PETITION.
The State of Texas, County of In Chambers, this .... day
of , A. D. 19..
The foregoing petition for injunction being considered, it is ordered
that the clerk of the Court of County, Texas, issue a
writ of injunction in all things as prayed for in the within petition (or
with such modifications, limitations and restrictions, as the judge may
specify), upon the petitioner executing to the adverse party a bond,
with two or more good and sufficient sureties, in the sum of
dollars (if applied for to restrain the execution of a money judgment
or the collection of a debt, the bond shall be double the amount of
judgment or debt), conditioned as the law requires.
Judge of Court, County. Texas.
R. S. Art. 2993 (2877).
No. 416.
BOND FOR INJUNCTION.
vs In Court, County,
Texas.
Whereas, . . . , plaintiff in the above styled cause, pending
in the said court, has this day sued out in said court an injunction to
restrain , defendant in said suit, from selling or offering
for sale, pending determination of said suit, certain property described
in the petition for injunction: Now, therefore, know all men by these
presents, that we, , as principal, and and
, as sureties, do hereby acknowledge ourselves bound to
pay to the sum of dollars (the amount fixed by the
order of the judge), conditioned that , plaintiff in said
suit, will abide the decision which may be made therein, and pay all
sums of money and costs that may be adjudged against him, if the
injunction granted in said suit be dissolved in whole or in part.
Witness our hands this the .... day of , A. D. 19. .
Approved this the .... day of , A. D. 19 . .
(Seal.)
Clerk of Court, County, Texas.
-R. S. Art. 2997 (2881).
T i:\.\s CIVIL FORM BOOK. 313
No. 417.
WRIT OF INJUNCTION.
vs In Court, County,
Texas.
To — Greeting:
\\ hcreas , plaintiff in the above styled cause, now pend-
ing in said court, on the . . . day of , A. D. 19. .,' filed his petition
for injunction, alleging that you, defendant in said suit, are now offer-
ing for sale and endeavoring to sell that certain property belonging to
you, described in said petition as follows : (here describe the
property); the same being the only property belonging to you subject
to execution in the event judgment shall be rendered against you in
said suit, and that you are so offering and endeavoring to sell the said
property in order to defeat its subjection to such judgment as may be
rendered against you, and praying for injunction to restrain you from
further offering or endeavoring to sell the said property pending the
determination of said suit; and whereas, the honorable ,
judge of said court, has issued his fiat on said petition, commanding that
the writ of injunction in all things as prayed for in said petition shall
issue; and whereas, the said has executed and filed with
the clerk of said court a bond in the sum of dollars, payable and
conditioned as required by law and the order of the said judge.
These are therefore to command you that you desist and refrain from
selling the said property until the further orders of the said court, to be
hoi den within and for the county of , at the courthouse thereof,
in , on the .... day of , A. D. 19. ., when and where
this writ is returnable.
Witness , Clerk of the Court of County.
Given under my hand and seal of said court, at office in , this
the day of , A. D. 19..
(Seal.)
Clerk of Court, County, Texas.
R. S. Art. 2999 (2883).
•
OFFICER'S RETURN ON WRIT.
Came to hand this the day of , A. D. 19. ., at o'clock
. .m. ; executed on the same day at ... o'clock . .m., by delivering a
true copy of this writ to the within named defendant,
Sheriff of County, Texas.
R. S. Art. 3002 (2886).
Any injunction restrains the counselors, solicitors, attorneys, agents,
servants and employes of the party, as well as the party himself.
It. S. Art. 3004 (2888).
314 TEXAS CIVIL FORM BOOK.
Citation shall also issue to the defendant as in other civil cases, whet!
such writ does not pertain to a suit pending in the court.
R. S. Art. 3005 (2889).
No injunction shall be dissolved before final hearing because of a
denial of the material allegations of the plaintiff's petition, unless the
answer denying the same is verified by the oath or affirmation of the
defendant.
R. S. Art. 3006 (2890).
No. 418.
REFUNDING BOND ON DISSOLUTION.
vs In Court, County,
Texas. In Chambers, this .... day of ^ A. D. 19 ..
Whereas, the writ of injunction sued out in this court in the above
styled cause restraining the defendant from collecting the
dollars in money described in the petition for injunction, has
this day, by an interlocutory order of the court, been dissolved, and said
petition continued over for trial: Now therefore know all men by these
presents, that we, , as principal, and and
, as sureties, do hereby acknowledge ourselves bound to
pay to , complainant, the sum of dollars (double the
amount of money enjoined), conditioned that , defendant
in said suit, will refund to the complainant, , the amount
of money, interest and costs, which may be collected of him in the suit
or proceeding enjoined, in the event such injunction is made perpetual
on final hearing.
Witness our hands this the .... day of , A. D. 19. .
Approved this the .... day of , A. D. 19 . .
Clerk of Court, County, Texas.
R. S. Art. 3008 (2892).
TEXAS CIVIL FORM BOOK. 315
No. 419.
APPLICATION FOR ATTACHMENT FOR DISOBEDIENCE OF AN INJUNC-
TION.
vs No In the Court of
County, Texas.
, plaintiff in the above entitled and numbered cause,
being duly sworn, says that heretofore, to wit, on the .... day of ,
A. D. 19. ., a writ of injunction issued out of the Court of
County, Texas, directed to , defendant in said
cause, commanding him . (here state the command of the writ),
and that said writ was duly served on the said on the ....
day of , A. D. 19. . ; that said hath hitherto refused,
and doth now wholly fail and refuse, to obey the commands of the said
writ, but on the contrary, etc. (here state the acts supposed to be in
violation of the writ).
Sworn to and subscribed before me, this the .... day of
A. D. 19..
Clerk of Court, County, Texas.
R. S. Art. 3012 (2896).
No. 420.
ORDER OF COURT OR JUDGE.
The State of Texas, County of , In Chambers, this day
of , A. D. 19..
The within affidavit having been read and fully understood, it is
ordered that a writ of attachment do issue to the sheriff or any constable
of County, Texas, requiring him to arrest the said
and have him before me, at chambers (or before the court) at ,
on the .... day of , A. D. 19. ., at o'clock . . m.
Judge of the Court, County.
R. S. Art. 3012 (2896).
316 TEXAS CIVIL FORM BOOK.
No. 421.
ATTACHMENT FOR DISOBEYING AN INJUNCTION.
The State of Texas. To the Sheriff or any Constable of
County — Greeting :
You are hereby commanded that you arrest the person of ,
if to be found within your county, and have him before our
Court, of County (or before the judge), on the .... day of
, A. D. 19. ., at .... o'clock . .m., then and there to answer
for an alleged contempt in disobeying the commands of a writ of in-
junction issued out of said court on the .... day of , A. D. 19. .,
and served upon said on the .... day of , A. D.
19.., it being alleged by affidavit filed in this court that he wholly
fails and refuses to obey the command of said writ. You are further
commanded to retain him in custody until he shall be discharged by
our said court.
Herein fail not, but of this writ, and how you have executed the
name, make due return.
Witness , Clerk of the Court of County,
Given under my hand and the seal of 'said court, at office in the town
of , this the . . . ., day of , A. D. 19'. .
Clerk of Court, County.
Issued this the .... day of , A. D. 19. .
Clerk of Court, County.
RETURN TO THE FOREGOING ATTACHMENT.
Came to hand the .... day of ....,., A. D. 19 .., at .... o'clock . .
m., and executed on same day by arresting the person of the within
named , at , County, Texas, and I have
him now before the court, this .... day of , A. D. 19. .
Sheriff of County, Texas.
R. S. Art. 3012 (2896).
TEXAS CIVIL FORM BOOK. 317
JUDGMENTS, ORDERS MAKING PARTIES, ETC
No. 422.
SUGGESTION OF THE DEATH OF A SOLE DEFENDANT.
vs No day of , A. D. 19 . .
And now conies the said (name of plaintiff) by his at-
torney, and the said (name of defendant) comes not; and
hereupon the said , plaintiff, gives the court here to un-
derstand and be informed, that since the last term of this court the said
, defendant, died. It is therefore ordered that a writ of
scire facias do issue to the legal representative of the said ,
when known, requiring him to appear at the next term of this court,
then and there to show cause, if any he has, why he should not be made
a party defendant to said suit.
R. S. Art. 1248 (1248).
No. 423.
ORDER TO MAKE AN ADMINISTRATOR A PARTY.
vs No day of , A. D. 19 . .
And now comes the said (name of plaintiff) by his at-
torney, and it appearing to the court now here that the writ of scire
facias to make a party defendant in said cause has been duly served
upon , and it appearing that the said is the
administrator (or executor, as the case may be) of the estate of the said
deceased, it is therefore ordered that the said suit do
proceed against the said , administrator (or executor, as
the case may be), as aforesaid.
R. S. Art. 1248 (1248).
No. 424.
SUGGESTION OF MARRIAGE OF A FEMALE PLAINTIFF.
vs No day of , A. D. 19 . .
And now comes the plaintiff and suggests to the court,
that since the institution of this suit she has intermarried with
, who now makes himself a party to this suit.
R. S. Art. 1252 (1252).
318 TEXAS CIVIL FORM BOOK.
No. 425.
SUGGESTION OF MARRIAGE OF A FEMALE DEFENDANT.
vs No day of , A. D. 19 . .
And now comes the plaintiff by his attorney, and the
said , defendant, comes not ; and hereupon the said
gives the court here to understand and be informed, that
since the institution of this suit the said defendant, , has
intermarried with , who now resides in County,
Texas. It is therefore ordered that a writ of scire facias do issue to
the said , requiring him to appear at the next term of
this court, then and there to show cause, if any he has, why he should
not be made a party defendant to said suit.
R. S. Art. 1253 (1253).
No. 426.
SCIRE FACIAS TO MAKE PARTIES.
The State of Texas. To the Sheriff or any Constable of
County — Greeting :
Whereas, at the last term of a court holden by , Esq.,
a justice of the peace in precinct No , in the county of ,
at , on the .... day of , A. D. 19 . . , it was suggested in
open court that , the defendant in a certain suit therein
pending, wherein is plaintiff, has intermarried with one
, who resides in the county of (If the death of
defendant was suggested instead of marriage, then after the above
words, " in a certain suit therein pending," say, numbered .... on the
docket of said court, wherein was plaintiff and the said
was defendant, has departed this life ; and it was ordered
by said court that a writ of scire facias do issue to the representatives
of the said , when known ; and it appearing that ,
a citizen of your county, is the administrator (or executor, as the case
may be) and representative of the said , deceased) :
Therefore, you are hereby commanded that you summon the said
, if to be found in your county, to be and appear at the
next regular term of the said court, to be holden at my office in the town
of , in the county of , on the .... day of , A. D.
19. ., then and there to show cause, if any he has, why he shall not be
made a party defendant to said suit. Herein fail not, but of this writ
TEXAS CIVIL FORM BOOK. 319
and how you have executed the same make due return according to law,
on the said first day of the next term of said court.
Witness my hand this the .... day of , A. D. 19. .
Justice of the Peace, County, Texas.
Issued on the .... dav of , A. D. 19 . .
Justice of the Peace, County.
R. S. Art. 1253 (1253).
OFFICER'S RETURN.
Came to hand on the .... day of , A. D. 19 . ., at .... o'clock
. . m., and executed on the . .; . day of , A. D. 19. ., at ....
o'clock . . m., by delivering to the within named , in
person, at , in County, Texas, a true copy of this
writ. The distance actually traveled in the execution of such process
is . . miles.
Constable of County.
By , Deputy.
Served as required in the case of citations.
R. S. Art. 1247 (1247).
No. 427.
ORDER FOR CONTINUANCE.
vs No
This day came the parties by their attorneys, and then came on to be
heard the motion for a continuance, now here made by the said plaintiff ;
and the affidavit in support thereof being read, it is ordered by the court
that this cause be continued until the next term of this court.
R. S. Art. 1606 (1576).
R. S. Arts. 1270-1277 (1276-1277) repealed.
R. S. Art. 1278 (1278) 1895, amended.
320 TEXAS CIVIL FORM BOOK.
No. 428.
SUGGESTION OF THE DEATH OF A SOLE PLAINTIFF, AND ORDER MAK-
ING HIS REPRESENTATIVES A PARTY.
vs Xo day of , A. D. 19 . .
And now comes and gives the court here to understand
and be informed, that since the last term of this court the said plaintiff,
, died, and that the said is now the admin-
istrator (or executor, as the case may be) of the estate of the said
, deceased ; and that the judgment recovered in this cause
in behalf of the said would be assets in his hands, which
the said , defendant, does not deny, but admits the same
to be true.
It is therefore ordered that this suit be continued in the name of
"the said , administrator (or executor, as the case may be),
as aforesaid of the said
R. S. Art. 1246 (1246).
No. 429.
SUGGESTION OF THE DEATH OF ONE OF TWO PLAINTIFFS, THE CAUSE
OF ACTION SURVIVING.
and vs Xo day
of , A. D. 19..
And now comes the said , by his attorney, and the said
comes not ; and hereupon the said gives the
court here to understand and be informed, that since the last term of
this court, and before this day, the said died, and the said
then survived him. which the said defend-
ant, does not deny, but admits the same to be true.
It is therefore ordered that no further proceedings be had at the suit
of the said , deceased, but that this suit be continued in
the name of the said , the surviving plaintiff.
R. S. Art. 1250 (1250).
TEXAS CIVIL FORM BOOK. 321
No. 430.
POWER OF ATTORNEY TO CONFESS JUDGMENT.
The State of Texas, County of
Know all men by these presents, that I, , do by these
presents appoint my true and lawful attorney, for me
and in my name to confess judgment for the sum of dollars, in
a certain suit brought by against me, the *aid ,
in the Court of County, State of Texas, on a certain
promissory note executed by me to the said , for the sum
of dollars, dated the .... day of , A. D. 19 . . , and ma-
turing months from date (or make such other description as.
will identify the suit).
Witness my hand this .... day of , A. D. 19. .
Signed and delivered in the presence of
R. S. Art. 1350 (1348).
No. 431.
CONFESSION OF JUDGMENT BY ATTORNEY IN FACT.
vs No day of , A. D. 19 . .
This day came the plaintiff by his attorney, and the defendant by his
attorney in fact, , and the power of attorney being duly
filed in court, by which it appears that the said is appointed
attorney in fact of the said , defendant, for him, the said
, and in his name to confess judgment in this action in
favor of the said , plaintiff, for the sum of dollars,
and it appearing from the plaintiff's petition heretofore filed, and duly
verified by affidavit, that the alleged cause of action is just, it is there-
fore considered by the court that the plaintiff, , do have
and recover of the said defendant, , the sum of
dollars, with interest thereon at the rate of .... per cent per annum,
together with his costs in this 'behalf expended, and that he have his
execution.
R. S. Art. 1350 (1348).
Form Book — 21.
322 TEXAS CIVIL FORM BOOK.
No. 432.
APPOINTMENT OF COUNSEL FOR POOR PERSON.
R. S. Arts. 1109 (1125), 1164 (1177).
AFFIDAVIT.
VS No
, being duly sworn, says that he is too poor to employ
counsel to prosecute (or defend, as the case may be) the above entitled
cause.
Sworn to and subscribed before me, this the .... day of
A. D. 19..
Clerk of Court, County.
No. 433.
PETITION.
vs. . No. . In . . Court of
County.
To the Hon , Judge of the Court of County :
Now comes your petitioner, , and represents that
is justly indebted to him in the sum of dollars ;
that he has commenced an action against him in the Court
in and for the county of for the same, but finds himself unable
(or hath not yet commenced an action against him for the same, being
unable) to carry on (or defend, as the case may be) said cause, as
appears by the affidavit hereto annexed.
Wherefore he prays that he may be admitted to prosecute his said ac-
tion in forma pauperis, and that , Esq., may be assigned
to him as his attorney to prosecute (or defend, as the case may be) his
said suit.
TEXAS CIVIL FORM BOOK. 323
No. 434.
ORDER OF THE COURT.
vs. .. No. . In . . Court of .
County.
It is ordered that be admitted to prosecute (or defend,
as the case may be) his suit in forma pauperis, and , Esq.,
is hereby appointed attorney and counsel in his .behalf, as prayed for in
the foregoing petition.
Judge of Court, County.
The appointment may be made by the judges of the district and
county courts.
R. S. Arts. 1109 (1125), 1164 (1177).
No. 435.
APPOINTMENT OF COUNSEL TO DEFEND FOR ONE CITED BY PUBLICA-
TION.
vs No In Court of
County.
It appearing to the court that , defendant in this cause,
has been duly cited by publication, and that he has not filed an answer
herein within the time prescribed by law, , Esq., an attor-
ney of this court, is hereby appointed to defend this suit on behalf of the
said
Where service of process has been made by publication, and no answer
has been filed within the time prescribed by law, the court shall appoint
an attorney to defend the suit.
R. S. Arts.* 1346 (1345), 3609.
No. 436.
APPOINTMENT OF GUARDIAN AD LITEM.
vs. . and . No. In
Court of County.
It being shown to the court that , one of the defendants
in the above entitled cause, is a minor (or lunatic, idiot or non compos
mentis, as the case may be), and that he has no guardian within this
324 TEXAS CIVIL FORM BOOK.
State, is hereby appointed guardian ad litem for the pur-
pose of defending said suit for the said
R. S. Arts 1210-1211 (1211-1212).
A reasonable compensation shall be allowed said attorney by the court
for his services, to be taxed as part of the costs of suit.
No. 437.
JUDGMENT OF NONSUIT.
vs No day of , A. D. 19 . .
This day came the parties by their attorneys, and the plaintiff saya
he will no further prosecute his said suit; it is therefore considered by
the court that this suit be dismissed, that the defendant
go hence without day, that he have and recover of the plaintiff,
, his costs in this behalf expended, and that he have his
execution.
R. S. Art. 1301 (1301).
No. 438.
JUDGMENT OF NONSUIT WHEN PLAINTIFF FAILS TO APPEAR.
vs '. . No day of , A. D. 19 . .
This day came on to be heard the above entitled cause, and the said
plaintiff, , having failed to appear and prosecute his said
suit, and the defendant, , having moved to dismiss this
suit, it is therefore considered by the court that this suit be dismissed,
that the defendant go hence without day, that he have and recover of
the plaintiff his costs in this behalf expended, and that he have his exe-
cution.
R. S. Art. 1613 (1583).
No. 439.
JUDGMENT OVERRULING EXCEPTION TO THE PETITION WHERE
THERE IS A PLEA FILED.
vs No day of , A. D. 19 . .
This day came the parties by their attorneys, and then came on to
be heard the defendants exception to the plaintiffs (original,
TEXAS CIVIL FORM BOOK. 325
amended, or supplemental, as the case may be) petition, filed in this
cause on the .... day of , A. D. 19. .; and the argument of
counsel thereon being heard, it is the opinion of the court that the law
is for the plaintiff.
It is therefore considered by the court that the exception be overruled,
and that the plaintiff recover of the defendant the costs of said excep-
tion, for which he may have his execution.
No. 440.
JUDGMENT OVERRULING EXCEPTION TO THE PETITION WHERE
THERE IS NO PLEA FILED, BUT LEAVE TO AMEND IS GIVEN.
vs No day of , A. D. 19 . .
This day came the parties by their attorneys, and then came on to be
heard the defendant's exception to the plaintiff's (original,
amended, or supplemental, as the case may be) petition, filed the ....
day of , A. D. 19. . ; and the argument of counsel thereon being
heard, it is the opinion of the court that the law is for the plaintiff.
And the defendant now here prays the court for leave to file his amended
answer, which is accordingly granted. It is therefore considered by the
court that the exception be overruled, and that the plaintiff recover of
the defendant the costs of said exception, for which he may have his
execution.
See Rule 27th District and County Courts.
No. 441.
JUDGMENT OVERRULING EXCEPTION TO THE PETITION WHERE
THERE IS NO PLEA FILED AND NO AMENDMENT MADE.
vs No day of , A. D. 19 . .
This day came the parties by their attorneys, and then came on to be
heard the defendant's exception to the plaintiff's petition ; and the argu-
ment of counsel thereon being heard, it is the opinion of the court that
the law is for the plaintiff. It is therefore considered by the court
that the exception be overruled, and that the plaintiff recover against
the said defendant his damages by occasion of the premises. (When the
cause of action is liquidated, proceed as follows:) And it appearing to
the court that the cause of action is liquidated and proved by an instru-
326 TEXAS CIVIL FORM BOOK.
ment of writing, it is ordered that the clerk do assess the damages sus-
tained by said plaintiff, and the said clerk now here having assessed the
damages aforesaid at the sum of dollars, it is considered by the
court that the said plaintiff. , do have and recover of the
said defendant, , the sum of dollars, with interest
thereon at the rate of .... per cent per annum from date hereof, to-
gether with his costs in this behalf expended, and that he have his
execution. It is further ordered that execution issue for the use of the
officers of court against each party respectively for the costs by him in
this behalf incurred.
No. 442.
JUDGMENT SUSTAINING EXCEPTION TO PETITION WHEN THE
PLAINTIFF ASKS LEAVE TO AMEND.
vs Xo day of , A. D. 19 . .
This day came the parties by their attorneys, and then came on to
be heard the defendant's exception to the plaintiff's petition, filed ....
of , A. D. 19 . . ; and the argument of counsel thereon being heard,
it is the opinion of the court that the law is for the defendant.
And the plaintiff now here prays the court for leave to file his amended
original petition, which is accordingly granted. It is therefore consid-
ered by the court that the exception be sustained, and that the defendant
recover of the plaintiff the costs of said exception, for which he may
have his execution.
No. 443.
JUDGMENT SUSTAINING EXCEPTION TO THE PETITION WHEN THE
PLAINTIFF DOES NOT ASK LEAVE TO AMEND.
vs No day of , A. D. 19 . .
This day oame the parties by their attorneys, and then came on to be
heard the defendant's exception to the plaintiff's petition, filed .... day
of , A. D. 19 . . ; an'd the argument of counsel thereon being heard,
it is the opinion of the court that the law is for the defendant. It is
therefore considered by the court that the defendant go hence without
day, and that he recover of plaintiff his costs in this behalf
expended for which he may have his execution.
TEXAS CIVIL FORM BOOK. 327
No. 444.
JUDGMENT SUSTAINING EXCEPTION TO THE ANSWER.
vs Xo day of , A. D. 19 . .
This day came the parties by their attorneys, and then came on to be
heard the plaintiff's exception to the defendant's answer, filed .... day
of , A. D. 19. . ; and the argument of counsel thereon being heard,
it is the opinion of the court that the law is for the plaintiff. It is there-
fore considered by the court that the exception be sustained, and that the
defendant do answer further; and that the plaintiff recover of the de-
fendant the costs of said exception, for which he may have his execution.
No. 445.
JUDGMENT SUSTAINING EXCEPTION TO ANSWER WHERE DEFENDANT
ELECTS TO ABIDE BY HIS PLEADINGS.
vs Xo day of , A. D. 19 . .
This day came the parties by their attorneys, and then came on to be
heard the plaintiff's exception to the defendant's answer, filed .... day of
, A. D. 19. .; and the argument of counsel thereon being heard,
it is the opinion of the court that the law is for the plaintiff. It is
therefore considered by the court that the exception be sustained, and
that the defendant do answer further ; and the said defendant now here
refuses to answer, but elects to abide by his said pleadings. It is there-
fore considered by the court that the plaintiff, , recover
against the defendant, , his damages by occasion of the
premises. (If the cause of action is liquidated, proceed as follows) :
and it appearing to the court that the cause of action is liquidated and
proved by an instrument of writing, it is ordered that the clerk do
assess the damages sustained by said plaintiff; and the said clerk now
here having assessed the damages aforesaid at the sum of dollars,
it is therefore considered by the court that the plaintiff, ,
do have and recover of the said defendant, , the sum of
dollars, with interest thereon at the rate of .... per cent per
annum, together with his costs in this behalf expended, and that he have
his execution.
No. 446.
JUDGMENT BY DEFAULT AND DAMAGES ASSESSED BY THE CLERK.
vs Xo day of , A. D. 19. .
This day came the plaintiff by his attorney, and the defendant, though
duly cited, having failed to appear and answer in this behalf, but wholly
328 TEXAS GIVIL FORM BOOK.
made default, wherefore the said , plaintiff, ought to
recover against the said , defendant, his damages by occa-
sion of the premises; and it appearing to the court that the cause of
action is liquidated and proved by an instrument of writing, it is ordered
that the clerk do assess the damages sustained by said plaintiff; and
the said clerk now here having assessed the damages aforesaid at the
sum of dollars, it is therefore considered by the court that the
plaintiff, , do have and recover of the said defendant,
, the sum of dollars, with interest thereon at the
rate of .... per cent per annum, together with his costs in this behalf
expended, and that he have his execution.
R. S. Arts. 1608 (1578), 1284 (1284).
No. 447.
JUDGMENT BY DEFAULT, AND WRIT OF INQUIRY AWARDED.
vs No. .... ' . . . . day of , A. D. IP
This day came the plaintiff by his attorney, and the said defendant,
though duly cited, -having failed to appear and answer in this behalf,
but wholly made default, wherefore the said , plaintiff,
ought to recover against the said , defendant, his damages
by occasion of the premises; and a jury having been demanded by the
plaintiff, it is ordered by the court that the damages sustained by the
plaintiff be assessed when the cause is called in its regular order on the
docket.
If the defendant shall demand and be entitled to a trial by jury, the
judgment by default shall be noted and a writ of inquiry awarded, and
the cause shall be entered on the jury docket.
R. S. Art. 1286 (1286).
No. 448.
JUDGMENT UPON WRIT OF INQUIRY.
vs No day of , A. D. 19 . .
This day came on to be heard the above entitled cause upon writ of
inquiry heretofore awarded, and the evidence having been heard by the
court (or if tried by a jury, instead of above, say: This day came on to
be heard the above entitled cause upon writ of inquiry heretofore
awarded, and thereupon came a jury of good and lawful men, to wit,
and eleven others, who, being duly impaneled and sworn,
returned the following verdict : " We, the jury, assess the damages sus-
tained by the plaintiff at dollars , foreman "), it
is therefore considered by the court that the said plaintiff, ,
TEXAS CIVIL FORM BOOK. 329
do have and recover of the said defendant, , the sum of
dollars, with interest thereon at the rate of .... per cent per
annum, together with his costs in this behalf expended, and that he have
his execution.
No. 449.
JUDGMENT FORECLOSING LIEN ON PERSONAL PROPERTY.
vs No day of , A. D. 19 . .
This day came the parties by their attorneys, and submit the matters
in controversy, as well of fact as of law, to the court; and it appearing
to the court, after hearing the pleadings, the evidence and the argument
of counsel, that plaintiff's cause of action is liquidated and proved by an
instrument of writing, executed by defendant, and secured by a mort-
gage lien given by defendant to plaintiff on (here describe
the property) :
It is therefore considered by the court that the plaintiff
do have and recover of the said defendant said sum of
dollars, his principal, debt and interest, with interest thereon
from this date at the rate of .... per cent per annum, together with his
costs in this behalf expended.
And it is ordered, adjudged and decreed by the court that the mort-
gage lien as it existed on the .... day of , A. D. 19 . . , on the
above described property be and the same is hereby foreclosed, and that
an order of sale herein issue to the sheriff or any constable of
County, or of any county where such property may be found, directing
him to seize and sell the same as under execution, in satisfaction of this
judgment; and if said property cannot be found, or if the proceeds of
such sale be insufficient to satisfy this judgment, then the officer exe-
cuting this order shall make the money, or any balance thereof remain-
ing unpaid, out of any other property of the defendant, as in case of
ordinary execution.
R. S. Art. 1340 (1340).
No. 450.
JUDGMENT BY NIL DIGIT.
. . vs No day of , A. D. 19 . .
This day came the parties by their attorney, and the defendant with-
draws the answer by him heretofore filed, and says nothing in bar of the
330 TEXAS CIVIL FORM BOOK.
plaintiff's action ; wherefore the said , plaintiff, ought to
recover against the said , defendant, his damages by
occasion of the premises; and it appearing to the court that the cause
of action is liquidated and proved by an instrument of writing, it is
ordered that the clerk do assess the damages sustained by said plaintiff;
and the said clerk now here having assessed the damages aforesaid at
the sum of dollars, it is therefore considered by the court that the
said plaintiff, , do have and recover of the said defendant,
, the sum of dollars, with interest thereon at the
rate of .... per cent per annum, together with his costs in this behalf
expended, and that he have his execution.
No. 451.
JUDGMENT FOR THE PLAINTIFF UPON VERDICT OF JURY.
vs No day of , A. D. 19 . .
This day came the parties by their attorneys, and thereupon came a
jury of good and lawful men, who, being duly impaneled and sworn,
upon their oaths do say that they find for the plaintiff, and assess his
damages at the sum of ...... dollars. It is therefore considered by the
court that the said plaintiff, , do have and recover of the
said defendant, , the sum of dollars, with interest
thereon at the rate of .... per cent per annum, together with his costs in
this behalf expended, and that he have his execution.
No. 452.
JUDGMENT FOR THE PLAINTIFF, TRIED BEFORE THE COURT.
vs No day of , A. D. 19 . .
This day came the parties by their attorneys and submit the matter in
controversy, as well of fact as of law, to the court ; and the evidence and
the argument of counsel having, been heard and fully understood, it is
considered by the court that the said plaintiff, , do have
and recover of the said defendant, , the sum of
dollars, with interest thereon at the rate of .... per cent per annum,
together with his costs in this behalf expended, and that he have his
execution.
TEXAS CIVIL FORM BOOK. 331
No. 453.
JUDGMENT BY DEFAULT AGAINST ONE OF SEVERAL DEFENDANTS,
AND AGAINST THE PLAINTIFF AS TO THE OTHER DEFENDANT.
vs and No day of
, A. D. 19...
This day came the plaintiff and the said (defendant
appearing) by their attorneys, and the said , though duly
cited, having failed to appear and answer in this behalf, but wholly
made default, wherefore the said plaintiff ought to recover against the
said (defendant not appearing), his damages by occasion
of the premises; and thereupon came a jury of good and lawful men,
to wit, and eleven others, who, being duly impaneled and
sworn, returned the following verdict : " We, the jury, find for the
defendant, , upon the issue joined between the parties, and
assess the damages against the defendant, , at the sum of
dollars , foreman." It is therefore considered
by the court that the defendant, , go hence without day, and
that he recover of the plaintiff his costs in this behalf expended, and
that he have his execution; and that the plaintiff have and recover of
the defendant, , the sum of dollars, with interest
thereon at the rate of .... per cent per annum, together with his costs
in this behalf expended, and that he have his execution.
R. S. Art. 1336 (1336).
No. 454.
JUDGMENT BY CONFESSION UPON APPEARANCE WITHOUT PROCESS.
vs No day of , A. D. 19. .
This day came the plaintiff by attorney, and the defendant in his own
proper person comes and says that he cannot deny the action of the
said , plaintiff, nor but that he is justly indebted to him in
Ihe sum of dollars. It is therefore considered by the court that
the plaintiff, , do have and recover of the said defendant,
, the sum of dollars, with interest thereon at the
rate of .... per cent per annum, together with his costs in this behalf
expended, and that he have his execution.
R. S. Art. 1348 (1347).
Any person indebted, or against whom a cause of action exists, may
without process appear, in person or by attorney, and confess judgment
therefor in open court; but in such case a petition should be filed and
the justness of the debt or cause of action be sworn to by the person in
whose favor the judgment is confessed.
R. S. Art. 1348 (1347).
332 TEXAS CIVIL FORM BOOK.
When judgment is confessed by attorney, the power of attorney shall
be filed, and a recital of the contents of the same be made in the
judgment.
R. S. Art. 1350 (1348).
The acceptance of service and waiver of process, provided for in
article 1240, and the entry of appearance in open court as provided for
in article 1241, or the confession of judgment as provided for in article
1348, shall not in any action be authorized by the contract or instru-
ment of writing sued on, or any other instrument executed prior to the
institution of such suit, nor shall such acceptance or waiver of service
be made until after suit is brought.
R. S. Art. 1349 (1347a).
No. 455.
JUDGMENT BY DEFAULT, WITH WRIT OF INQUIRY AS TO ONE DEFEND-
ANT, AND UPON A VERDICT AS TO THE OTHER.
vs and No day of
, A. D. 19...
This day came the plaintiff and the said (name of the
defendant appearing) by their attorneys, and the said
(defendant not appearing), though duly cited, having failed to appear
and answer in this behalf, but wholly made default, wherefore the said
, plaintiff, ought to recover against the said
his damages by occasion of the premises; and thereupon said cause
came on for trial, and the" evidence having been heard by the court (or
thereupon came a jury of good and lawful men, to wit,
and eleven others, who, being duly impaneled and sworn, returned the
following verdict: "We, the jury, assess the damages sustained by the
plaintiff at dollars , foreman "), it is therefore
considered by the court that the said plaintiff, do have
and recover of the said defendants, , and , jointly
and severally, the sum of dollars, with interest thereon at the
rate of .... per cent per annum, together with, his costs in this behalf
expended, and that he have his execution.
R. S. Art. 1284 (1284).
TEXAS CIVIL FORM BOOK. 333
No. 456.
JUDGMENT OF DISMISSAL AS TO ONE DEFENDANT AND BY DEFAULT
AGAINST THE OTHER.
vs No day of , A. D. 19..
This day came the plaintiff by his attorney, and it appearing to the
court that the citation issued to the defendant, , has been
returned not served, the plaintiff sa}rs he will no further prosecute his
said suit against the said defendant. It is therefore considered by the
court that the plaintiff take nothing by his suit against the defendant,
, and that the said . . . ." recover of the plaintiff,
. '. , all his costs in this behalf expended, for which he may
have his execution; and the said defendant, , though duly
cited, having failed to appear and answer in this behalf, and it appear-
ing to the court that the cause of action is liquidated and proved by an
instrument in writing, it is ordered that the clerk do assess the damages
sustained by said plaintiff; and the said clerk now here having assessed
the damages aforesaid at the sum of dollars, it is therefore con-
sidered by the court that the defendant, , go hence without
day, and that he recover of the plaintiff his costs in this behalf expended,
and that he have his execution ; and that the plaintiff have and recover
of the defendant, , the sum of dollars, with interest
thereon at the rate of .... per cent per annum, together with his costs
in this behalf expended, and that he have his execution.
R. S. Art. 1282 (1282).
No. 457.
JUDGMENT FOR THE PLAINTIFF FOR THE RECOVERY OF SPECIFIC
PROPERTY.
vs No day of , A. D. 19 . .
This day came the parties, plaintiff and defendant, by their attorneys
and announced ready for trial, and thereupon came a jury of good and
lawful men, to wit, , and others, who, being duly
impaneled and sworn, after hearing the pleadings, the evidence, argu-
ments of counsel and the charge of the court, retired to consider of
their verdict and on the same day returned into open court the following
verdict, to wit : " We, the jury, find in favor of the plaintiff against the
defendant for the property in controversy, to wit: (here de-
scribe the property); we find that defendant detains said property from
plaintiff, and assess the plaintiff's damages for the hire of the same at
the sum of dollars, and assess the value of said property as fol-
lows : (here insert the value of each specific article) ,
foreman."
334 TEXAS CIVIL FORM BOOK.
It is therefore considered and ordered by the court that the plaintiff,
, recover of an'd from the defendant the above described
property, viz: , (here insert a description of the property as
given in the verdict), and the sum of dollars damages assessed,
and his costs by him in this behalf expended.* And if (here
insert description of the property) cannot be had, it is considered and
ordered by the court that the plaintiff recoyer of and from the defendant
said sum of dollars, the value so assessed, in addition to the
damages and costs aforesaid, for which he may have his execution.
(If the property Fas been replevied by the defendant, proceed from *
as follows: And if said above described property cannot be had, it is
considered and ordered by the court that the plaintiff, ,
recover, jointly and severally, of and from the defendant,
and and , sureties on his replevy bond, filed
in this cause on the .... day of , A. D. 19. ., the said sum of
dollars, the value so assessed, and the further sum of dol-
lars, the value of the hire of said property so assessed by the jury, and
that he have his execution.)
R. S. Art. 4876 (4501).
Where judgments are for the recovery of specific articles, their value
shall be separately assessed, and the judgment shall be that the plaintiff
recover such specific articles, if they can be found, and if not, then their
value as assessed, with interest thereon at the rate of six per cent from
the date of the judgment.
R. S. Art. 1645 (1615).
Where the judgment is for personal property, and it is shown by the
pleadings, the evidence and the verdict, if any, that such property has
an especial value to the plaintiff, the court may award a special writ for
the seizure and delivery of such property to the plaintiff, and the court
may, in addition to the other relief granted in such case, enforce its
judgment by attachment, fine and imprisonment.
R. S. Arts. 1339 (1339), 1646 (1616).
No. 458.
JUDGMENT FOR THE DEFENDANT IN SUIT FOR THE RECOVERY OF
SPECIFIC PROPERTY, REPLEVIED BY PLAINTIFF.
vs No day of A. D. 19 . .
This day came the parties, plaintiff and defendant, by their attorneys
and announced ready for trial, and thereupon came a jury of good and
lawful men, to wit, and others, who, being duly
impaneled and sworn, after hearing the „ pleadings, the evidence, argu-
ments-of counsel and the charge of the court, retired to consider of their
TEXAS CIVIL FORM BOOK. 335
verdict, and on the day of , A. D. 19. ., returned into open
court the following verdict, to wit : " We, the jury, find for the de-
fendant, and assess the value of said (here describe the property
in controversy), at dollars, and the value of the hire of said prop-
erty from the .... day of , A. D. 19. . (the date of the replevy
bond), at dollars , foreman."
It is therefore considered by the court that the plaintiff take nothing
by his suit, and that the defendant, , recover of the plaintiff,
, and and , sureties, as here-
after stated, dollars, the value of said property as aforesaid, aud
the further sum of dollars damages. And it further appearing to
the court that said property, to wit (here insert a description
of the property), was on the .... day of , A. D. 19. ., delivered by
the sheriff (or constable, as the case may be) of County to the
plaintiff, who thereupon executed a replevy bond with
and as sureties, it is ordered thaf a writ issue commanding
the proper officer to restore said property to the defendant; and if said
property is so. restored, the judgment herein rendered for its value shall
stand discharged; but if said property cannot be found, execution shall
issue against the plaintiff and and , as sure-
ties as? aforesaid, for said sum of dollars, the value so assessed, in
addition to the damages and costs aforesaid, for which defendant shall
have his execution.
R. S. Art, 4881 (4506).
R. S. Art. 1338 (1338).
No. 459.
JUDGMENT FOR THE RECOVERY OF LAND.
vs No In District Court of
County, Texas, Term, A. D. 19 ..
On this the .... day of , A. D. 19. ., at a regular term of this
court came the parties by their attorneys, and thereupon came a jury of
good and lawful men, to wif, , and eleven others, who,
being duly impaneled and sworn, after hearing the pleadings, the evi-
dence, arguments of counsel and the charge of the court, returned into
open court the following verdict, to wit: " We, the jury, find in favor
of plaintiff for the land in controversy, and assess his damages at the
sum of dollars , foreman."
It is therefore considered, ordered, adjudged and decreed by the court
that the plaintiff, , recover of and from the defendant,
, the land and premises described and bounded as follows :
. (here describe the same), for which he may have his writ of
possession, and also the sum of dollars, his damages aforesaid, and
336 TEXAS CIVIL FORM BOOK.
all of his costs in this behalf expended, for which he may have his
execution.
It is further ordered by the court that execution may issue in favor
of the officers of the court against each of the parties hereto for all costs
by them respectively incurred.
R. S. Arts. 5272-5273 (4808-4809).
When the defendant and those under whom .he claims have made
permanent and valuable improvements on the premises in good faith,
the court or jury shall at the same time estimate from the testimony
the value at the time of trial of such improvements, etc.
R. S. Arts. 5277-5285 (4813-4821).
No. 460.
JUDGMENT FORECLOSING LIEN ON LAND.
vs No day of , A. D. 19 . .
This day came the parties by their attorneys, and thereupon came a
jury of good and lawful men, to wit, , and eleven others,
who, being duly elected, impaneled and sworn, upon their oaths do say:
" We find for the plaintiff, and that the facts stated in his petition are
true, and assess the damages at dollars , foreman/'
And it appearing to the court from the finding of the jury aforesaid
that the defendant is indebted to the plaintiff in the sum of
dollars, and that the note sued on bears interest at the rate of .... per
cent per annum; and it further appearing to the court that said note
was executed on the .... day of ....... A. D. 19. ., to secure the pay-
ment of the purchase money for the following described tract of land, to
wit, (here describe the land), it is therefore considered by the
court that the plaintiff, , do have and recover of the said
defendant, , said sum of dollars, principal and in-
terest, with interest thereon from this date at the rate of .... per cent
per annum, together with his costs in this behalf expended.
And it is ordered, adjudged and decreed by the court that the lien as
it existed on the .... day of , A. D. 19. ., upon the above de-
scribed tract of land be and the same is hereby foreclosed; and. that the
clerk of this court do issue an order of sale, directed to the sheriff or any
constable of County, commanding him to seize and sell the
above described tract of land as under execution; and that he apply the
proceeds thereof to the payment and satisfaction of the said sum of
dollars, together with all interest that may be due thereon, and
the costs of this suit. And if the said land shall sell for more than
sufficient to pay off and satisfy said sums of money, then the said officer
is hereby directed to pay over the excess to the defendant; but if the
TEXAS CIVIL FORM BOOK. 337
said land shall not sell for enough to pay off and satisfy this judgment,
1hen said officer shall make the balance due as under execution. And it
is further ordered that the said officer place the purchaser of said prop-
erty in possession thereof within thirty days after the day of sale. And
said order of sale when issued shall have all the force and effect of a
writ of possession.
R. S. Art. 1341 (1340a).
No. 461.
SCIRE FACIAS TO REVIVE A JUDGMENT.
The State of Texas. To the .Sheriff or any Constable of
County — Greeting :
Whereas, it appears from the records of the Court of
County that recovered a judgment in said court on the
.... day of , A. D. 19 . ., against , for the sum of
dollars, with interest thereon from said date at the rate of ....
per cent per annum, besides the sum of dollars as costs of suit, in
an action on a promissory note executed before that time by the said
for the sum of dollars; and whereas it appears
from the records of said court that said judgment remains wholly un-
satisfied, and that execution has not issued thereon within twelve months
after the rendition thereof, and the said . . . ., has applied to
our said court for a remedy in this behalf:
Now therefore you are hereby commanded that you summon the said
to be and appear before the Court of
County, to be holden at the courthouse thereof on the .... Monday in
next, being the .... day of , A. D. 19. ., then and there
to show cause, if any he has, why the said ought not to
have his execution against him according to the force, form and effect
of the said recovery; and further, to do and receive what our said court
shall then and there consider of him in this behalf.
Herein fail not, and have you this writ before said court, on the said
.... day of , A. D. 19. ., with your return thereon showing how
you have executed the same.
Witness , Clerk of the Court of
County.
Given under my hand and the seal of said court, at office in the town
of , this day of , A. D. 19. .
(Seal.)
Clerk of Court, County.
Issued this .... day of , A. D. 19. .
Clerk of Court, County.
R. S. Art. 3361 (3210).
Form Book — 22.
338 TEXAS CIVIL FORM BOOK.
A judgment in any court of record within this State, where execution
has not issued within twelve months after the rendition of the judgment,
may be revived by scire facias or an action of debt brought thereon
within ten years after the date of such judgment, and not after.
R. S. Art. 3361 (3210).
Judgment becomes dormant if execution thereon does not issue within
twelve months; but where the first execution has issued within the twelve
months the judgment shall not become dormant unless ten years shall
have elapsed between the issuance of executions thereon, and execution
may issue at any time within ten y ears after the issuance of the pre-
ceding execution.
R. S. Art. 2326a.
No. 462.
JUDGMENT AGAINST PRINCIPAL AND SURETIES.
. . vs No. .... In Court of
County, Texas, Term, A. D. 19. .
On this the .... day of , A. D. 19. ., at a regular term of this
court, came on to be heard this cause, and both the plaintiff and the
defendants appeared and announced ready for trial, and neither party
having demanded a jury, the matters in controversy, as well as of fact as
of law, were submitted to the court, and the court having heard and
fully understood the pleadings, the evidence and the arguments of
counsel, is of the opinion and finds that the defendant, ,
as principal, and and , as sureties, executed
and delivered to plaintiff the note (or bond, as the case may be), set out
in plaintiff's petition (or sued on in this cause) and that said
was principal, and the said < and were sure-
ties on said note (or bond) as alleged by plaintiff and as shown in
said note (or bond) and are so liable and bound ; that said note is for the
sum of dollars, and bears interest from date, , 19. ., at the
rate of .... per cent per annum, and that the sum of dollars,
principal and interest, is now due and unpaid.
It is therefore ordered, adjudged and decreed by the court that the
plaintiff, , do have and recover of and from the defendant,
, as principal, and the said defendants, and
, jointly and seyerally, as sureties, the sum of
dollars, with interest at the rate of .... per cent per annum from date
hereof until paid, together with all of his costs in this behalf expended,
for all of which execution may issue.
TEXAS CIVIL FORM BOOK. 339
It is further ordered and decreed by the court that said
and are sureties of said , and the sheriff or
other officer making levy under execution issued herein shall levy execu-
tion first upon the property of said subject to execution,
and situate in the county of , in the State of Texas, before a
levy shall be made upon the property of said and ,
or either of them, if so much property of the said , prin-
cipal, can be found as will in the opinion of the sheriff be sufficient to
make the amount of the execution; otherwise the levy to be made on so
much property of the said , principal, as may be found,
if an)', and upon so much property of the said and
, or either of them, as may be necessary7 to make the
amount of the execution; and the clerk of this court shall make a
memorandum of this order on execution. It is further ordered that
execution may issue herein in favor of the officers of the court, against
each of the parties hereto for all costs by them respectively incurred.
R. S. Art. 3814 (3663).
LANDLORD AND TENANT.
R. S. Arts. 3235-3252 (3107-3122).
LANDLORD SHALL HAVE PREFERENCE LIEN.
All persons leasing or renting lands or tenements, at will or for a
term, shall have a preference lien upon the property of the tenant herein-
after indicated, upon such premises, for any rent that may become due
and for all money and the value of all animals, tools, provisions and sup-
plies furnished by the landlord to the tenant to enable the tenant to
make a crop on such premises, and to gather, secure, house, and put the
same in condition for market, the money, animals, tools, provisions and
supplies so furnished being necessary for that purpose, whether the same
is to be paid in money, agricultural products, or other property ; and this ,
lien shall apply only to animals, tools, and other property furnished by
the landlord to the tenant, and to the crop raised on such rented
premises.
R. S. Art. 3235 (3107).
TENANT NOT TO REMOVE PROPERTY SUBJECT.
It shall not be lawful for the tenant, while the rent and such advances
remain unpaid, to remove or permit to be removed from the premises so
leased or rented any of the agricultural products produced thereon, or
any of the animals, tools or property furnished as aforesaid, without the
consent of the landlord.
R. S. Art. 3236 (3108).
340 TEXAS CIVIL FORM BOOK.
WHEN LIEN EXPIRES.
Such preference lien shall continue as to such agricultural products
and as to the animals, tools and other property furnished to the tenant
as aforesaid, so long as they remain on such leased or rented premises
and for one month thereafter ; and such lien, as to agricultural products
and as to animals and tools furnished as aforesaid, shall be superior to
all laws exempting such property from forced sales.
R. S. Art. 3237 (3109).
DISTRESS WARRANT.
When any rent or advances shall become due, or the tenant shall be
about to remove from such leased or rented premises, or to remove his
property from such premises, it shall be lawful for the person to whom
the rents or advances are payable, his agent, attorney, assigns, heirs or
legal representatives, to apply to a justice of the peace of the precinct
where the premises are situated, or in which the property upon which a
lien or advance exists, may be found, or to any justice having juris-
diction of the cause of action, for a warrant to seize the property of such
tenant; provided, etc.
R. S. Art. 3240 (3112).
No. 463.
AFFIDAVIT FOR DISTRESS WARRANT— RENTS DUE.
The State of Texas, County of In Justice Court, Precinct
No. . . . , County, Texas.
. vs. .
To , Justice of the Peace, Precinct No ,
County, Texas:
Now comes your petitioner, (or , agent or
attorney for , as the case may be), and applies for a distress
warrant against , and respectfully shows to the court that
he, the said , is the landlord of the said :'...., the
rented premises being that certain tract or lot of land situated in pre-
cinct No , County, Texas, and described as follows
(here describe the premises) ; that the said is now justly
indebted to the said in the sum of dollars for the
rent of the said premises for and during the current year, 19. ., the
same being now due and payable, and in the further sum of .......
dollars, for money, and the value of animals, tools, provisions, as fol-
lows (here describe same), furnished by him, the said , as
TEXAS CIVIL FORM BOOK. 341
landlord, to the said , during this current year, 19. ., to
enable him, the said , to make, secure and market on and
from said land a crop of corn and cotton, being necessary for that pur-
pose ; that the said indebtedness is now due and payable ; that the aggre-
gate amount now due and payable is dollars, and that the said
premises are now occupied by the said
Petitioner further says that the distress warrant prayed for is not sued
out for the purpose of vexing and harassing the defendant,
Sworn to and subscribed before me, this the .... day of , A .
D. 19..
(Seal.)
R. S. Art. 3241 (3113).
No. 464.
AFFIDAVIT FOR DISTRESS WARRANT— RENT NOT DUE.
The State of Texas, County of In Justice Court, Precinct
No , County, Texas.
. vs.
To , Justice of the Peace, Precinct No. . . . ,
County, Texas:
Xow comes your petitioner, (or , agent or
attorney for , as the case may be), and applies for a dis-
tress warrant against , and respectfully shows to the court
that he, the said , is the landlord of the said . ,
the rented premises being that certain tract or lot of land situated in
precinct No , County, Texas, and described as follows:
. (here describe the premises) ; that the said is
now justly indebted to the said in the sum of dol-
lars for the rent of the said premises for and during the current year,
19 . . , the same not yet being due, but will become due on the .... day
of ..' A. D. 19...
That on the day of , A. D. 19 . ., leased the
above described premises under the said ; that said lease
\*as in writing, being in duplicate, and was signed by the tenant,
, and his landlord, , which writing is here pro-
duced and is hereto attached and is made a part hereof; that the said
tenant, , is about to remove from such leased premises (or
that he has removed) all of the agricultural products produced on said
rented premises this year 19. ., into the precinct No ,
County, Texas; that the products so removed into this precinct consists
342 TEXAS CIVIL FORM BOOK.
of .... bales of lint cotton, each marked . . . ., on which the petitioner
has a landlord's lien to satisfy his rent of dollars.
Petitioner further says that the distress warrant prayed for is not sued
out for the purpose of vexing and harassing the defendant,
Sworn to and subscribed before me, this the .... day of ...... , A.
I). 10..
(Seal.) ................
R. S. Art. 3240 (3112).
No. 465.
BOND FOR DISTRESS WARRANT.
The State of Texas, County of ................... vs ..... -. ......
Know all men by these presents, that whereas, on the .... day of
...... , A. D. 19. ., ............ , plaintiff in the above entitled cause,
sued out a distress warrant from the justice's court of precinct No ..... ,
........ County, Texas, against ........... , distraint for rent : Now
therefore we, the said ............ , as principal, and ............
and ............ , as sureties, acknowledge ourselves bound to pay to
said ............ such damages as he may sustain in case such warrant
has been illegally and unjustly sued out.
Filed and approved this .... day of , A. D. 19 ...
R. S. Art. 3241 (3113).
Bond must be signed by two or more good and sufficient sureties, pay-
able to the defendant, and approved by the justice of the peace.
No. 466.
WRIT.
The State of Texas, County of In Justice Court, Precinct
No , County, Texas.
To the Sheriff or any Constable of County, Texas — Greeting:
•Whereas, , plaintiff in the cause of vs.
, has made affidavit that the said is justly
indebted to him in the sum of dollars, due for rent and advances
TEXAS CIVIL FORM BOOK. 343
for this year, 19.., on certain land and premises situated in precinct
No , County, T( xas, and that he has not sued out this
distress warrant for the purpose of vexing or harassing the said
, and has also given the bond required by law :
Now therefore you are hereby commanded that you seize so much of
the property of the said as shall be of value sufficient to
satisfy said demand, and keep the same in your possession unless the
"said shall replevy the same according to .law.
Herein fail not, but have you this writ, with your return thereon
showing how you have executed the same, before the honorable
Court, of County, Texas, on or before the .... day of
A. D. 19..
Given under my hand this the .... day of , A. D. 19. .
(Seal.)
Justice of the Peace, Precinct No , County, Texas.
Issued on the .... day of , A. D. 19 ...
Justice of the Peace, County.
J>'. S. Art. 3242 (3114).
Said warrant shall be, if the same is within the jurisdiction of a
justice of the peace, returnable to said justice; but if the amount in
controversy exceeds two hundred dollars, exclusive of interest, and does
not exceed five hundred dollars, exclusive of interest, the writ shall be
made returnable to the county court. If the amount in controversy ex-
ceeds five hundred dollars, exclusive of interest, and does not exceed one
thousand dollars, exclusive of interest, the writ shall be made returnable
to either the county or district court of the county, as the plaintiff in
the writ may direct. If the amount in controversy shall exceed one
thousand dollars, exclusive of interest, the writ shall be made returnable
to the district court of the county. When the writ is made returnable to
the district or county court, the justice of the peace shall transmit all
papers in said cause to the court to which such writ is made returnable,
on or before the first day of the next term thereof.
K. S. ATI. 3242 (3114).
The jurisdiction of the court is fixed by the amount of the demand,
and not by the value of the property levied upon under the distress
warrant.
Duty of Officer. — It shall be the duty of the officer to whom such
warrant is directed to seize the property of such tenant, or so much
thereof as shall be of value sufficient to satisfy such debt and costs, and
the same in his possession safely keep, unless the same is replevied as
herein provided, and make due return thereof to the court to which
such warrant is returnable, at the next term thereof.
R. S. Art. 3243 (3115).
344 TEXAS CIVIL FORM BOOK.
OFFICER'S RETURN.
Came to hand on the .... day of , A. D. 19 . ., at . . . . o'clock
. . m., and executed on the day of , A. D. 19 . ., at
.... o'clock . . m., at , in ........ County, Texas, by taking
possession of the following described property, to wit (here
describe the property), which now remains in my custody. (If replevied
by defendant, return should read, which, being replevied by defendant,
was released to him under his replevy bond herewith returned with this
writ.) The distance actually traveled in the execution of such process
is . . miles.
Constable Precinct No County, Texas.
R. S. Art. 3243 (3115).
The defendant may replevy said property at any time within ten days
from the date of said levy, by giving bond payable to the plaintiff, with
two or more good and sufficient sureties in double the amount of the
debt, or, at his election, for the value of the property so seized; con-
ditioned that if the defendant be cast in the action he shall satisfy the
judgment that may be rendered against him or pay the estimated value
of the property, with lawful interest from date of the bond.
R. S. Art. 3244 (3116).
Citation for Defendant. — It shall be the duty of the justice of the
peace at the time he issues the warrant to issue a citation to the defend-
ant requiring him to answer before such justice, if he has jurisdiction to
finally try the cause, and upon its being returned served to proceed to
judgment as in ordinary cases; and if he has not such jurisdiction the
citation shall require the defendant to answer before the court to which
the warrant was made returnable, and shall be returned with the other
papers to such court; provided, that if the defendant has removed from
the county without service, the proper officer shall state this fact in his
return on the citation; and the court shall proceed to try the case ex
parte, and may enter the proper judgment.
R. S. Art. 3247 (3119).
No. 467.
CITATION UNDER DISTRESS WARRANT.
vs In Justice Court, Precinct No ,
County, Texas.
The State of Texas. To the Sheriff or any Constable of
County, Texas — Greeting :
These are to command you to summons to appear at
the next term of the Court of County, Texas, to be
held at the courthouse thereof in the town of , on the ....
TEXAS CIVIL FORM BOOK. 345
Monday in , being the . . . day of , A. D. 19 . ., then
and there to answer a distress warrant returnable to said court, which
distress warrant was issued by me on this day on the affidavit of
against said , claiming that the said
is justly indebted to him in the sum of dollars for
the rent of that certain premises situated in precinct No ,
County, Texas, described as follows (here describe the prem-
ises): said rent being due for the current year 19. ., and the further sum
of dollars due for the value of animals, tools and provisions fur-
nished the said by the said during the
said current A'ear.
Herein fail not, but have you this writ before the said Court
of County, Texas, at the time aforesaid, showing how you
have executed the same.
Given under my hand and seal this the .... day of , A. D. 19. .
(Seal.)
Justice of the Peace, Precinct No , County, Texas.
R. S. Art. 3247 (3119).
OFFICER'S RETURN.
Came to hand on the day of , A. D. 19. ., at o'clock
. . m., and executed on same day by delivering to the within named
defendant , in person, at , in County,
Texas, a true copy of this citation. (If the defendant has removed from
the county without service, the return should be not served, because the
within named defendant, , has removed from the county
of ) The distance actually traveled in the execution of such
process is .... miles.
Sheriff of County, Texas.
No. 468.
REPLEVY BOND UNDER DISTRESS WARRANT.
The State of Texas, County of vs
Whereas, on the day of , A. D. 19. ., a distress warrant
was issued out of the justice court of precinct No ,
County, Texas, at the suit of against , and
the same was on the .... day of , A. D. 19 . ., levied by the
sheriff (or constable) of County, Texas, on certain property of
the said , described as follows (here describe the
property) :
Now therefore to release the said property unto the said ,
we, the said , as principal, and and ,
as sureties, acknowledge ourselves bound to pay to the said
346 TEXAS CIVIL FORM BOOK.
the sum of dollars (double the amount of the demand, or at
plaintiff's election the value of the property), conditioned that if the
defendant, , shall be cast in the action herein, he shall
satisfy the judgment that may be rendered against him, or pay the
estimated value of the property, with lawful interest thereon from the
date of the bond.
Witness our hands this the .... day of , A. D. 19. .
Approved this the .... day of ... .". ., A. D. 19. .
Sheriff (or Constable) County, Texas.
R. S. Art. 3244 (3116).
Judgment Against Sureties. — If judgment is rendered against the de-
fendant, such judgment shall be also against him and his sureties on his
replevy bond for the amount of the judgment, interest and costs, or for
the value of the property replevied and interest, according to the terms
of such bond.
R. S. Art. 3245 (3117).
Perishable Property Sold. — If the property is of a perishable or
wasting kind, and the defendant fails to replevy, the officer making the
levy, or the plaintiff or the defendant, may apply to the court or judge
thereof to which the warrant is returnable, either in term time or in
vacation, for an order to sell such property; if any person other than
the defendant apply for such order, the same shall be granted unless the
person applying shall file with such court an obligation, payable to the
defendant, with two or more good and sufficient sureties, to be approved
by said court, that they will be responsible to the defendant for such
damages as he may sustain in case such sale be illegally and unjustly
applied for, or be illegally and unjustly made, which sale shall be con-
ducted as sales under execution.
R. S. Art. 3246 (3118).
No. 469.
INDEMNITY BOND ON LEVY OP DISTRESS WARRANT.
The State of Texas, County of
Whereas, a distress warrant has been issued by , a
justice of the peace for precinct No , in the county of ,
in favor of , against , for the sum of
dollars, bearing date the day of , A. D. 19. ., by virtue of
TEXAS CIVIL FORM BOOK. 347
which the said has directed , a constable (or
.sheriff, as the case may be) of said county to seize upon (here
describe the property), found upon the premises now occupied by the
said : Now therefore, in consideration that the said
, constable (or sheriff), as aforesaid, shall seize the above
described property by virtue of said distress warrant, we, ,
as principal, and and , as sureties, acknowl-
edge ourselves bound to pay , constable (or sheriff), as
aforesaid, the sum of dollars, conditioned that the above bound
shall well and sufficiently indemnify, save and keep harm-
less the said ,. . from all costs, charges, damages and suits
that he may incur or become liable to in consequence of the seizure of
said property, and shall pay off, discharge and cancel all judgments,
damages and costs that may be rendered against the said
by reason of said seizure.
The statute provides for a bond of indemnity in case of attachments
only.
R. S. Art. 199 (165).
No. 470.
APPLICATION FOR SALE OF PERISHABLE PROPERTY SEIZED UNDER
DISTRESS WARRANT.
vs No In Court, Precinct
No , County.
To , Esq., Justice of the Peace in the County of :
, plaintiff in the above entitled writ, shows that the
property, to wit (here describe the property), seized by
, constable of said county, by virtue of a distress warrant
issued by , Esq., justice of the peace in said county, on the
.... day of , A. D. 19. ., in favor of , against
, is of a perishable kind, and he prays for an order to sell
the same.
This the day of , A. D. 19. .
R. S. Art. 3246 (3118).
The officer making the levy, or the plaintiff or the defendant, may
apply to the court or judge thereof, for an order of sale, but anv person
other than the defendant shall give bond payable to the defendant, ap-
proved by said court. The application for order of sale may be made to
the court to which the warrant is returnable.
348 TEXAS CIVIL FORM BOOK.
No. 471.
BOND WHEN ORDER OF SALE OF PROPERTY SEIZED UNDER DISTRESS
WARRANT IS APPLIED FOR BY PERSON OTHER THAN DEFENDANT.
vs No Distress for Rent, hi
Court of County, Texas.
Whereas, , plaintiff in the above entitled and numbered
writ, has applied to , Esq., a justice of the peace in pre-
cinct No , in the county of , for an order to sell
(here describe the property), seized on the . . . day of , A. D. 19. .,
by , constable, by virtue of a distress warrant issued by the
said . . . . , Esq., in favor of , against
for the sum of dollars, bearing date the .... day of ,
A. D. 19 . . : Now therefore we, , as principal and
and , as sureties, acknowledge ourselves
bound to pay the defendant such damages as he may sus-
tain, in case such sale be illegally and unjustly applied for, or should be
illegally and unjustly made.
"Witness our hands this the .... day of , A. D. 19 . .
Approved .... day of , A. D. 19 . .
Justice of the Peace, Precinct No , County, Texas.
R. S. Art. 3246 (3118).
No. 472.
ORDER OF JUDGE ON APPLICATION FOR SALE OF PERISHABLE PROP-
ERTY SEIZED UNDER DISTRESS WARRANT.
The State of Texas, County of In Vacation, this .... day of
". , A. D. 19..
The above and foregoing application for order of sale being this day
presented and considered by the court, it is ordered that the sheriff (or
constable) of County, Texas, proceed to sell the property de-
scribed in said application for order of sale, as under execution, and that
he make due return thereof according to law, pursuant to an order of
sale to be issued.
Judge Court, County, Texas.
R. S. Art. 3246 (3118).
TEXAS CIVIL FORM BOOK. 349
No. 473.
ORDER OF SALE OF PERISHABLE PROPERTY SEIZED UNDER A DIS-
TRESS WARRANT.
The State of Texas. To the Sheriff or any Constable of
County, Texas — Greeting :
Whereas has applied to , Esq., justice of the
peace in the county of , for an order to sell (here de-
scribe the property), seized on the .... day of , A. D. 19. ., by
, constable, by virtue of a distress warrant issued by the
said , Esq., in favor of , against ,
for the sum of dollars, bearing date the .... day of , A. D.
19. ., and the said having shown that said property is of
a perishable kind, and given bond as required by law: Now therefore
}TOU are commanded that you proceed, according to law, and sell the
above described property, as under execution, and hold the proceeds sub-
ject to any judgment that may be rendered in favor of the said
against the said , in said suit.
Herein fail not, and have you the said moneys, together with this
writ, with your return thereon, showing how you have executed the same,
before me at my office, in in said county, at a regular
term of the justice's court for precinct No , in said county of
, to be held on the .... day of , A. D. 19 . .
Witness my hand this .... day of , 19. .
Justice of the Peace, Precinct No , . County, Texas.
Issued on the .... day of , A. D. 19 . .
Justice of the Peace, County.
R. S. Art. 3246 (3118).
No. 474.
OFFICER'S RETURN OF SALE.
Came to hand on the .... day of , A. D. 19 . ., at . . . . o'clock
. . m., and executed by selling the following described property, to wit,
(here describe the property), on the .... day of ,
A. J). 19. ., at the courthouse door of the county of , first hav-
ing given notice of the time and place of said sale for ten consecutive
days, by posting written notices in three public places in said county,
one of which was at the courthouse door of said -county, at which sale
?aid property was struck off to for the sum of dollars,
he being the highest bidder therefor, and I herewith return the proceeds
of said sale, to wit, the sum of dollars, into court.
Sheriff, County, Texas?.
350 TEXAS CIVIL FORM BOOK.
No. 475.
JUDGMENT FOR PLAINTIFF IN SUIT BY DISTRESS.
vs No In Justice's Court, Precinct
No , County, .... day of , A. D. 19 . .
This day came the parties by their attorneys, and submit the matters
in controversy, as well of fact as of law, to the court ; and the pleadings,
evidence and the argument of counsel having been heard and fully
understood, it is the opinion of the court that the plaintiff ought to
recover. It is therefore considered, ordered and decreed by the court
that the plaintiff, , do have and recover of the defendant,
, the sum of dollars for his debt and damages,.
together with his costs in this behalf expended.
And it appearing to the court that said judgment was rendered on a
debt due for rent on acres of land leased by plaintiff to defendant
for the year 19. ., situated in County, Texas, and known as the
farm, and is secured by a landlord's lien on all of the crop
raised on said land for said year, it is therefore considered and ordered
by the court that said lien on said crops be and is hereby foreclosed, and
the bales of lint cotton weighing pounds each, marked
, and the bushels of ear corn, all valued at the sum of
dollars, seized and levied upon by the constable of
County, Texas, on the .... day of , A. D. 19. ., by virtue of a
distress warrant issued herein, be and the same is hereby made subject to
the payment of said judgment, and that an order of sale be issued com-
manding the sale of said property, or so much thereof as may be neces-
sary for the satisfaction of this judgment, and the same be applied to
the payment of this judgment, and if the said proceeds be insufficient
for the payment thereof, that execution hereof issue for the unpaid
balance.
(If said property levied upon has been replevied, then add) :
And it further appearing to the court that said above described prop-
erty was replevied by the defendant, who, on the .... day of ,
A. D. 19. ., executed his replevy bond therefor in the sum of
dollars, with and , as sureties, it is therefore
further ordered, adjudged and decreed, that the said plaintiff have and
recover of the defendant, , and and :....,
the sureties on his replevy bond, the sum of dollars (the amount
of the judgment, interest and costs, or for the value of the property
replevied and interest, according to the terms of the replevy bond), for
which he may have hjs execution.
R. S. Art. 3245 (3117).
PETITION* IX DISTRESS PROCEEDINGS.
When the warrant is made returnable to the district or county court
tEe plaintiff shall not be obliged to file his petition before suing out said
TEXAS CIVIL FORM BOOK. 351
warrant, but may file the same on or before the appearance day of the
term of the court to which said papers are returnable.
R. S. Art. 3248 (3120).
TENANTS SHALL NOT SUBLET WITHOUT CONSENT, ETC.
If lands or tenements are rented by the landlord to any person or
persons, such person or persons renting said land or tenements shall not
rent or lease said lands or tenements during the term of said lease to any
other person without first obtaining the consent of the landlord, his
agent or attorney.
R. S. Art. 3250 (3122).
OWNERS OF BUILDINGS TO HAVE PREFERENCE LIEN, ETC.
All persons leasing or renting any residence, storehouse or other build-
ing, shall have a preference lien upon all the property of the tenant in
such residence, storehouse or other building, for the payment of the
rents due and that may become due; provided, the lien for rents to
become due shall not continue or be enforced for a longer period thai?
the current contract year, it being intended by the term, " current con-
tract year," to embrace a period of twelve months, reckoning from the
beginning of the lease or rental contract, whether the same be in the
first or any other year of such lease or rental contract. Such lien shall
continue and be in force so long as the tenant shall occupy the rented
premises, and for one month thereafter; but this article shall not be con-
strued as in any manner repealing or affecting any act exempting prop-
erty from forced sale.
R. S. Art. 3251 (2402).
DISTRESS WARRANT, HOW OBTAINED.
When any rent shall become due, or the tenant about to remove from
such leased or rented buildings, or remove his property therefrom, it
shall be lawful for the person to whom the rent is payable, his agent,
attorney or assignee to apply to a justice of the peace of the precinct
where the building is situated for a distress warrant which shall be
issued on an affidavit and bond, and the same proceedings shall be had
on the issuance, trial and return of such warrant as is now provided by
law in this chapter (title) : the object of this and the preceding article
being to extend the operation of such law so as to include and protect
liens on residences and storehouses and other buildings occupied or used
by tenants, and conferring on the owners thereof the same rights
and privileges as are now conferred by law on other landlords.
R. S. Art. 3252.
352 TEXAS CIVIL FORM BOOK.
LEASE.
No. 476.
LEASE OF RESIDENCE OR STOREHOUSE.
The State of Texas, County of
This contract, made and entered into this day of ,
A. D. 19 . ., between of County, Texas, of the first
part, and of County, Texas, of the second part,
witnesseth :
First. The party of the first part leases to the party of the second
part, for the period of , commencing the .... day of ,
A. D. 19. ., ending the .... day of , A. D. 19. ., the following
described property and premises, situated in the county of ........ and
State of Texas, to wit: (here describe the property).
Second. For and in consideration of the above premises, the said
party of the second part agrees to pay to the said party of the first part
the yearty rent of dollars, at , Texas, due and payable
monthly in advance, as follows: dollars, due and payable on tbc
. . . day of , A. D. 19 . ., and dollars on the . . . day of each
and every consecutive month thereafter until paid.
Third. Should there at any time be any default in the payment of
any rent, or in any of the covenants herein contained, then it shall be
lawful for the party of the first part to declare this contract canceled
and terminated, and to re-enter said premises and remove all persons
therefrom without prejudice to any legal remedies which may be used
for the collection of rent, all and every claim for damages, for or by
reason of said re-entry being hereby expressly waived.
Fourth. At the expiration of this lease, the party of the second part
agrees to quit and surrender the said premised in as good state and
condition as a reasonable use and wear thereof will permit.
Fifth. The party of the second part is not to sublet the said premise?,
or any part thereof, without written permission from the party of the
first part.
Sixth. It is expressly agreed and understood by and between the par-
ties hereto, that the party of the first part shall have, and by this con-
tract has a valid first lien upon any and all the goods, furniture, chattels
or property of any description, belonging to the party of the second part,
as a security for the payment of all rent due or to become due, and any
and all exemption laws in force in this State, by which said property
might be held, are hereby expressly waived.
Witness our hands at , Texas, this .... day of ,
A. D. 19..
Witnesses :
R. S. Art. 3251.
TEXAS CIVIL FORM BOOK. 353
No. 477.
LEASE FOR CITY PROPERTY.
The State of Texas, County of
This agreement of lease, made this .... day of , A. D. 19. ., by
and between , lessor, and , lessee,
Witnesseth : That the said . , does, by these presents, lease
and demise unto the said the following described property,
to wit : (here describe said property), for the term of
years from the .... day of , A. D. 19. ., to the .... day of . . . .,
A. D. 19.., to be occupied as a family residence and not otherwise,
paying therefor the sum of dollars, payable in monthly install-
ments of dollars each on the first day of each and every month
during this lease, in advance, upon the following conditions and
covenants :
First. That the lessee shall pay the rent in advance as aforesaid, as
the same shall fall due.
Second. That the lessee shall take good care of the property and its
fixtures, and suffer no waste; and shall, at his own expense and costs,
keep said premises in good repair; keep the plumbing work, closets,
pipes and fixtures belonging thereto in repair; and keep the water pipes
and connections free from ice and other obstructions, to the satisfaction
of the municipal and police authorities, during the term of this lease,
and at the end or other expiration of the term, shall deliver up the de-
mised premises in good order and condition, natural wear and tear and
damages by fire and the elements only excepted. That the lessee shall
pay the water tax imposed on the hereby leased premises in each and
every quarter as the same shall become due, during the full term of this
lease. That no improvements or alterations shall be made in or to the
hereby demised premises without the consent of the lessor in writing.
All improvements made by the" lessee to belong to the lessor at the ex-
piration of the term of this lease hereby granted, unless otherwise agreed
upon in writing by the parties hereto.
Third. That the lessee shall promptly execute and fulfill all the ordi-
nances of the city corporation applicable to said premises and all orders
and requirements imposed by the board of health, sanitary and police
departments, for the correction, prevention and abatement of nuisances
in, upon or connected with said premises during the said term of this
lease, at his own expense.
Fourth. That the lessee shall not assign this agreement or sublet thp
premises, or any part thereof (except as may be mentioned above), or
make any alterations in the building or premises (except as may be men-
tioned above), without the consent of the lessor in writing; or occupy
or permit or suffer the same to be occupied, for any business or purpose
deemed extra hazardous on account of fire.
Fifth. That the lessee shall, -in case of fire, give immediate notice to
the lessor, who shall thereupon cause the damage to be repaired forth-
Form Book — 23.
354 TEXAS CIVIL FORM BOOK.
with; but if the premises be by the lessor deemed so damaged as to be
unfit for occupancy, or if the lessor shall decide to rebuild, the lease
herein granted shall cease, and the rent be paid up to the time of the fire.
Sixth. That in case of default in any of the aforesaid covenants, the
lessor may enforce the performance thereof in any modes provided by
law, and may declare the lease forfeited at his discretion, and he, his
agent or attorney, shall have the right, without further notice or demand,
to re-enter and remove all persons therefrom without being deemed
guilty of any manner of trespass and without prejudice to any remedies
for arrears of rent or breach of covenant, or he, his agent or attorney,
may resume possession of the premises and relet the same for the re-
mainder of the term at the best rent they may obtain, for account of the
lessee, who shall make good any deficiency; and the lessor shall have a
lien as security for the rent aforesaid upon all the goods, wares, chattels,
implements, fixtures, furniture, tools and other personal property which
are or may be put on the demised premises.
(In case of surety, the following clause may be added: " The prem-
ises being leased at the request of , as surety, the latter
agrees, in consideration of the said letting, that the lessee shall pay said
rent as it accrues, otherwise , the said surety, agrees to
assume the payment of such accrued rent.")
In testimony whereof the parties to this agreement have hereunto set:
their hands in duplicate, the day and year above written.
, Lessor.
Lessee.
, Surety.
No. 478. -
LEASE WITH TENANT.
The State of Texas, County of
Agreement, made this day of , A. D. 19. ., between
, party of the first part, and , party of the
second part, all of the State and county aforesaid :
Witnesseth : That the said , party of the first part, has
rented unto the said , party of the second part,
acres of land in his said farm, until the .... day of ,
A. D. 19 . . , said farm being in the State aforesaid and county of
and said binds himself to cultivate acres of said land
in cotton and acres in corn, and acres in wheat, and
acres in oats, and acres in barley, in a farmer-like manner, and to
deliver to the nearest gin, one-fourth of all the cotton that he may make
TEXAS CIVIL FORM BOOK. 355
on said land during the year 19. ., to said after it has been
ginned and baled, he, the said , paying for one-fourth of all
the bagging and ties necessary for the entire crop of cotton; and one-
fourth of all the cotton seed. Also, to deliver into the cribs or granary
of said , at , one-third of all the corn, wheat, oats
or barley (the wheat, oats and barley to be threshed), blade or stock
fodder that he may make on said land during the year 19 . .
And the said binds himself to assist in
keeping the stot-k from destroying any portion of the crop in said farm,
and in keeping the fencing up around the entire farm, hereby giving the
said a lien upon the crop for the performance of the above
obligations.
And it is further understood and agreed, that neither the party of
the first part, nor the party of the second part, has any right to dispose
of any portion of the crop until the terms of this contract have been
complied with in all things.
And it is further understood and agreed, that both of the contracting
parties to this agreement are hereby prohibited from turning or allowing
any stock to run in said farm, or to " stake " upon the grass therein.
And it is further understood and agreed, that the said ,
party of the second part, hereby agrees and binds himself to use due
diligence in preventing the destruction of the houses and fences by fire
or any other means, and to turn over to said , party of the
first part, on the .... day of , 19. ., said houses and fences in
the same good order and condition that they are at present.
It is further understood and agreed b}r the above mentioned contract-
ing parties, that if the said , party of the second part,
sows any small grain upon the above mentioned land, that the said
, party of the second part, shall, at his own expense, break-
up the stubble before the first day of , 19. ., and in default of
«ame, party of the first part may do or have the same done at the expense
of said party of the second part. It is further agreed that, in addition
to the liens alread}' provided, or to be provided by law, said .,
party of the first part, is hereby fully empowered to take into his pos-
session and sell, at the current market price, the first products of said
crops as fast as the same can be prepared for market, to an amount
sufficient to repay all advances made by said , party of the
first part, to said , party of the second part, and to pay all
rents due, or to become due, on said land.
In testimony of all the above, we hereunto sign our hands this ....
day of , A. D. 19. ., in the presence of
Witnesses :
R. S. Art. 3235 (3107).
356 TEXAS CIVIL FORM BOOK.
No. 479.
LEASE.
The State of Texas, County of
This contract, made and entered into this the .... day of ,
A. D. 19. ., between of County, Texas, of tEe
first part, and of County, Texas, of the second
part:
Witnesseth : That in consideration of the covenants herein contained
on the part of the said , of the second part, and his repre-
sentatives to be kept and performed, he, the said , of the
first part, doth hereby grant, demise and lease unto the said ,
of the second part, the following described property, with the improve-
ments thereon, situated in the county of and State of Texas,
to wit (here describe the property) ; to have and to hold the
said land and premises hereby demised unto the said and
his representatives from the day of , A. D. 19. ., to the
day of , A. D. 19. ., during the full term of this lease, yielding
and paying (except only in case of fire or other casualty, as hereinafter
is mentioned), the rent or sum of dollars yearly, by equal monthly
(or quarterly or annual, as the case may be), payments in advance,
to wit dollars on the .... day of , A. D. 19 . ., and the same
sum on the .... day of each and every consecutive month thereafter in
eaid year and in every year during said term, and at the same rate for
such further time as the said lessee, , or any other person
or persons claiming under him, shall hold the said premises or any part
thereof, the first monthly payment thereof to be made on the .... day of
, A. D. 19 . . ; and the said , of the second part, for
himself and his representatives, hereby covenants and agrees with and
to the said , of the first part, his representatives and
assigns, that he will, during said term and for such further time as the
said lessee or any other person or persons claiming under him shall hold
the said premises or any part thereof, pay unto the said lessor, his heirs
or assigns, the said monthly and yearly rent at the times and datcv
hereinbefore mentioned for the payment thereof (except only in case
of fire or other casualty, as hereinafter mentioned), and also all the
taxes and assessments whatsoever, whether in the nature of taxes now in
being or not, which may be payable for or in respect of the said prem-
ises or any part thereof during said term, and also will keep all and
singular the said premises in such repair as the same are in at the com-
mencement of said term, or may be put in by the said lessor or his
representatives during the continuance thereof, reasonable use and wear
thereof and damages by accidental fire or other inevitable accidents only
excepted; and the said , of the second part, further
covenants and agrees with and to the said , of the first
part, his heirs and assigns, that he or others having his estate in the
TEXAS CIVIL FORM BOOK. 357
premises will not assign this lease nor underlet the whole or any part
of the said premises, nor make or allow to be made any unlawful, im-
proper or offensive use thereof, and that no alterations or additions shall
be made during the term of this lease aforesaid in or to the same with-
out the written- consent of the said lessor, and also that it shall be law-
ful for the said lessor and those having his estate in the premises at
seasonable times to enter into and upon the same to examine the condi-
tion thereof; and further,' that he, the said , of the second
part, and his representatives, shall and will at the expiration of said
term, peaceably yield up unto the said lessor or those having his estate
therein, all and singular the premises and all future erections or addi-
tions to or upon the same in good tenantable repair in all respects,
reasonable use and wear thereof and damages by fire or other casualties
excepted; provided, however, and these presents are upon this condition,
that if the said lessee or his representatives or assigns do or shall neglect
or fail to perform and observe any or either of the covenants contained in
this instrument which on his or their part are to be performed, or if the
said lessee shall be declared bankrupt according to law, or if any assign-
ment or conveyance be made of said property for the benefit of creditor?,
then in either of said cases the lessor or those having his estate in the
said premises lawfully may immediately, or at any time thereafter, and
whilst such neglect or default continues, and without further notice or
demand, enter into and upon the said premises or any part thereof in
the name of the whole, and repossess the same as of his or their former
estate, and expel the said lessee and those claiming under him and re-
move his effects (forcibly, if necessary), without being taken or deemed
guilty of any manner of trespass, all and every claim for damages, for
or by reason of said re-entry being hereby expressly waived, and without
prejudice to any remedies which might otherwise be used for arrears of
rent, and that upon entry as aforesaid the said term shall cease and be
ended; and provided, also, that in case the premises or any part thereof
shall during said term be destroyed or damaged by fire or other unavoid-
able casualty so that the same shall be thereby rendered unfit for use
and habitation, then and in such case the rent hereinbefore reserved, or
a just and proportionate part thereof according to the natiire and extent
of the injury sustained, shall be suspended or abated until the said
premises shall have been put in proper condition for use and habitation
by the said lessor, or these presents shall thereby be determined and
ended at the election of the said lessor or his legal representatives. It is
expressly agreed that, if any merchandise or property that may be in
the premises during said term shall be injured or destroyed by water
or otherwise, no part of such loss or damage shall be borne by the said
lessor; and, also, that the said lessee will keep all the glass in the prem-
ises in good repair, and leave the same at the end of said term in good
condition. And it is expressly agreed and understood by and between
the parties hereto, that , of the first part, shall have, and by
358 TEXAS CIVIL FORM BOOK.
this contract has a valid first lien upon any and all the goods, furniture,
chattels or property of any description, belonging to , of
the second part, to secure the prompt payment of the rent herein stipu-
lated to be paid for the use of said premises. And the said lessor
covenants and agrees with the said lessee and his representatives that he
and they paying the rent aforesaid, and performing each and all the
covenants herein contained on his and their part to be paid and per-
formed, shall peaceably hold and enjoy the said herein demised premises
without hindrance or interruption by the said lessor or any other person
or persons whomsoever.
Witness our hands at , this .... day of , "A. D. 19. .
Signed and delivered in the presence of
R. S. Art. 3249 (3121).
No. 480.
LEASE— OIL, ETC.
Agreement, made and entered into this . . . day of , A. D. 19. .,
by and between of the county of , and State of
Texas, party of the first part, and , party of the second part:
Witnesseth: That the said party of the first part, for and in con-
sideration of the sum of one dollar to him in hand well and truly paid,
the receipt of which is hereby acknowledged, and in further considera-
tion of the covenants and agreements hereinafter mentioned, does
covenant and agree to lease, and by these presents has leased and granted
the exclusive right unto the party of the second part, his heirs or assigns,
for the purpose of operating and drilling for petroleum or gas, mineral
or mineral substances, to lay pipe lines, erect necessary buildings, re-
lease and subdivide all of that certain tract of land situate in
County, State of Texas, and bounded and described as follows, to wit:
(here describe the property), containing .... acres.
The party of the second part, his heirs or assigns, to have and to hold
the said premises for and during the term of ten years from the date
hereof, and so long thereafter >as oil or gas, mineral or mineral sub-
gtances can be produced in paying quantities.
The party of the second part, his heirs or assigns, agrees to give to the
party of the first part one part of all the petroleum obtained from
said premises, as produced in the crude state, the said one part of
the petroleum to be set apart in tanks or in the pipe line running said
TEXAS CIVIL FORM BOOK. 359
petroleum to the credit and for the benefit of the said party of the first
part. The said party of the first part is to fully use and enjoy the said
premises for the purposes of tillage, except such part as shall be necessary
for said mining purposes, and a right of way over and across said
premises to the place or places of mining or operating. The said
party of the second part is further to have the privilege of using suffi-
cient gas, water and timber from the premises, herein leased, to run the
necessary engines or for building purposes, and the right to remove any
machinery, fixtures and buildings placed on said premises by said party
of the second part, or those acting under him, and is not to put down
any well for oil on the land- hereby leased within ten rods of the build-
ings now on said premises without the consent of the said party of tjie
first part
It is agreed, that if gas is found in paying quantities, the considera-
tion in full to the party of the first part for gas shall be one hundred
dollars per annum for gas from each well when utilized and sold.
The party of the second part agrees to commence operations within
month. . from the execution of this lease, or in lieu thereof,
thereafter to pay to the said party of the first part per acre per
annum until work is commenced.
And it is further agreed, that the second party, his heirs or assigns,
shall have the right at any time to surrender up this lease, and be re-
leased from all moneys due and conditions unfulfilled, then and from
that time this lease and agreement shall be null and void and no longer
binding on either party, and the payments which shall have been made
be held by the party of the first part as full stipulated damages for the
nonfulfillment of the foregoing contract; and all conditions between the
parties hereunto shall extend to their heirs, executors and assigns.
Witness the following signatures and seals.
(Seal.)
(Seal.)
(Seal.)
(Seal.)
(Seal.)
Act regulating drilling, operating, etc., of oil wells, etc. See 26th Leg., Reg.
Ses. (1899), p. 68.
No. 481.
GRANT— DRILLING OIL WELL, ETC.
In consideration of the sum of one dollar, receipt of which is hereby
acknowledged, and of the covenants and agreements hereinafter con-
tained (mail address postoffice County,
) , first party hereto hereby grants and warrants unto
360 TEXAS CIVIL FORM BOOK.
, the second party hereto, heirs, successors and
assigns, upon the terms and conditions hereinafter contained, all the
oil and gas in and under the following described premises, together with
the exclusive right to enter thereon at all times for the purpose of
drilling and operating for and removing the same ; to erect, maintain or
move, at any time, all buildings, structures, pipes, pipe lines and
machinery necessary for the production and transportation of same.
Provided, that second party shall not use any part of said premises
except such part as is actually needed for above purposes : A lot of land
situated , county of , in the State of , de-
scribed as follows, to wit (here describe the premises).
The above grant is made upon the following terms :
First. Second party agrees to drill a well upon said premises, com-
mencing within from this date, or thereafter pay to first party
the sum of per annum, payable until said well is com -
menced, or the property hereby granted is reconveyed to the first party,
or this grant is surrendered, abandoned or forfeited by its terms. A
deposit to the credit of first party in the bank of shall
be a good and sufficient payment for any money falling due under this
grant.
Second. Should oil be found upon the premises, second party agrees
to deliver to the first party the one-tenth part of all the oil that
may be delivered in pipe lines.
Third. Should gas be found, second party agrees to pay first party
dollars each year for each well from which gas is used off the
premises by the second party, commencing with the time gas is first
transported off said premises, and such payment is to be in lieu of the
acreage payments above mentioned.
Fourth. As long as the second party shall sell the gas from any gas
well on said premises, the first party shall be entitled to have enough gas,
free of cost, to heat and light one dwelling-ho.use on said premises and
for domestic uses connected with said dwelling-house, but shall, at the
cost and sole risk of first party, lay and maintain the surface pipes ; and
the party of the second part shall make connections with the well or pipe
line at the most convenient place.
Fifth. Second party to have wood and rig timbers free for operating
this lease.
Sixth. Should second party fail to pay within sixty days after the
same becomes due any sum of money herein agreed to be paid to first
party, the first and second party mutually agree that second party shall
have the right, for one dollar, cash, to be paid to first party at time of
reconveyance, to reconvey all interest conferred upon the second party
or their assigns by reason of this instrument, which reconveyance first
party hereby agrees to accept and release the second party from all
liabilities incurred by reason of the within grant, except the obligation
to pay all sums accrued to date of reconveyance.
TEXAS CIVIL FORM BOOK. 361
Seventh. At any time within thirty days from the expiration of
years from the date hereof, providing second party shall have
failed to drill a well on the premises herein described, first party may
terminate this grant upon giving second party sixty days' written notice
of his or their desire to so terminate it, and thereupon the second party
shall execute a release to the first party.
Eighth. The second party shall have the right, free of charge, to use
sufficient water from the premises to run all machinery for developing
and operating said property, and the right to remove all property at any
time and the right to assign this grant and all interest acquired there-
under in whole or in part, subject to all the terms and conditions thereof.
It is further contracted by and between the above mentioned parties,
in consideration of. one dollar paid by the part . . of the second part to the
part. . of the first part, at this date, that the part. . of the second part,
.... assigns or legal representatives, shall have the sole and exclusive
right, privilege and option of .becoming the purchaser of the mineral
rights of the above described land or real property, or any portion
second part. . may select, at any time within from the completion
of first well, for the price and sum of dollars per acre, provided
and upon condition only that said purchase shall be made within the
time above limited, by giving the part . . of the first part written notice
of election to make such purchase for said price upon said terms, in
which case this lease shall be void from the date of such purchase on that
part purchased and paid for. First part . . to have a reasonable time to
perfect and furnish abstract of title, and hereby agree . . to give a clear
warranty deed.
In witness whereof the parties, hereto have hereunto set their hands
and seals this .... day of , A. D. 19. .
(Seal.)
(Seal.)
(Seal.)
Signed, sealed and delivered in the presence of
SINGLE ACKNOWLEDGMENT.
The State of Texas, County of
Before me, . . ., in and for said county and State, on this
day personally appeared , known to me to be the person. .
whose name. . subscribed to the foregoing instrument and acknowledged
to me that . . he . . executed the same for the purposes and consideration
therein expressed.
Given under my hand and seal of office this day of ,
A. D. 19..
362
TEXAS CIVIL FORM BOOK.
JOINT ACKNOWLEDGMENT.
The State of Texas, County of
Before me, , in and for County, Texas, on this
day personally appeared and , wife of
, known to me to be the persons whose names are sub-
scribed to the foregoing instrument, and acknowledged to me that they
executed the same for the purposes and consideration therein expressed.
And the said , wife of the said , having been
examined by me privily and apart from her husband, and having the
same by me fully explained to her, she, the said , acknowl-
edged such instrument to be her act and deed, and she declared that she
had willingly signed the same for the purposes and consideration therein
expressed, and that she did not wish to retract it.
Given under my hand and seal of office this day of ,
A. D. 19..
Grant. From to , acres in ,
range ; acres in , range Dated
, 19..
Range Range WELLS
PAYMENTS,
Date
For What Paid Amount
Regulating and operating wells, oil, gas and water. 29th Leg., Reg. Ses.
(1905), p. 228.
TEXAS CIVIL FORM BOOK. 3G3
• LIEN.
No. 482.
LIVE STOCK.
The State of Texas, County of
This contract, made and entered into by and between
of County, Texas, party of the first part, and
of County, Texas, party of the second part, witnesseth :
That the said party of the first part is the owner of certain
.... (mare or cow) .... of the following description, viz : color,
age, .... years, mark, , brand , and the said party of the
second part is the owner of a certain (stallion, jack or bull)
which he keeps confined for the purpose of standing him for profit,, and
which .... (stallion, jack or bull) .... is described as follows
(here describe the animal), and he represents the same to be of the
following pedigree, viz : :
And the said party of the first part desires, or has procured, the
aforesaid .... (mare or cow) .... to be served by said .... (stallion,
jack or bull) . . . ., for which service he agrees to pay to the said party of
the second part the sum of dollars, to be due and payable on the
.... day of , 19 . ., with interest from at the rate of ....
per cent per annum ; and for the purpose of securing prompt payment of
the same, the said party of the first part agrees that the said party of the
second part shall have a preference lien upon the progeny of said ....
(stallion, jack or bull) . . . ., as provided by an act of the Twenty-first
Legislature, approved April 3, 1889, and such lien may be foreclosed in
the same manner as other mortgage liens on personal property.
In witness whereof the said parties hereto set their hands on this the
day of , A. D. 19. .
29th Leg., Reg. Ses. (1905), p. 24.
Witnesses:
Party of the First Part.
Party of the Second Part.
[Acknowledgment same as in deeds.]
R. S. Arts. 3335-3339.
The owner or keeper of any stallion, jack or bull, who keeps the same
confined for the purpose of standing them for profit, shall have a prefer-
ence lien upon the progeny of such stallion, jack or bull, to secure the
payment of the amount due such owner or keeper for services of such
stallion, jack or bull. Such lien may be foreclosed in the same manner
364 TEXAS CIVIL FORM BOOK.
as other mortgage liens upon personal property in Texas; provided, that
where parties misrepresent their stock by false pedigree no lien shall
obtain.
Such lien shall remain in force for twelve months from the birth of
said progeny, but shall not be enforced until six months after such birth.
In order to fix said lien such contract should be filed in the office of
the county clerk of the county of the residence of the person benefited
by such service, and recorded therein.
If the contract or agreement be verbal a duplicate copy of the same
shall be made under oath; one to be delivered to the county clerk to be
filed and recorded and the other to be transmitted to the party owing
the debt. The contract, written or sworn to, shall contain a definite de-
scription by marks, brands and color of the mother of such progeny.
No. 483.
LABORER'S, ETC., LIEN.
26th Leg., Reg. Ses. (1897), p. 218.
Sayles' Ant. Sts., Arts. 3339a-3339f.
AFFIDAVIT — LABORER'S, ETC., ACCOUNT.
The State of Texas, County of
, affiant, makes oath and says that the annexed is a true
and correct account of the amount due him by for labor
and services done and performed by affiant for the said ,
at his special instance and request, under and by virtue of a verbal (or
written, as the case may be) contract, substantially as follows (here
briefly state the agreement or contract); that said account and the
amount therein stated, to wit dollars, is, within the knowledge of
affiant, just and true ; that it is due, and that all just and lawful offsets,
payments and credits have been allowed, and the said ,
though requested, has failed (or refused) to pay the same or any part
thereof ; that said indebtedness accrued upon the .... day of ,
A. D. 19.., and that within thirty days after said indebtedness had
accrued, to wit, on the .... day of , A. D. 19. ., affiant made and
presented to the said* , a duplicate account of such service,
with amount due him for the same, and affiant now makes this affidavit
to fix and secure his laborer's lien upon the following described property
belonging to (or in the possession of) the said , to wit
(here describe said property), in accordance with the statutes in such
cases made and provided.
Subscribed and sworn to before me, this . . . day of , A. D. 19 . .
(Seal.)
Notary Public, County, Texas.
TEXAS CIVIL FORM BOOK. 365
Said account shall be made out in duplicate, one of which shall be
presented to the said employer, etc., and the other filed with the county
clerk of said county, within thirty days after said indebtedness shall have
accrued. If service by agreement is performed by the day or week, said
wages shall be due and payable weekly, or if by the month, monthly.
Sayles' Ant. Sts., Art. 3339c.
Allen et al. v. Glover, 65 S. W. R. 379.
LIQUOR DEALERS AND TAXATION.
Taxation — Sale of liquor regulated. R. S. Arts. 5060a-5060j.
Liquor Dealers. R. S. Arts. 3380-3383.
No. 484.
APPLICATION FOR LICENSE FOR THE SALE OF SPIRITUOUS, VINOUS OR
MALT LIQUORS OR MEDICATED BITTERS.
The State of Texas, County of
I — we — the undersigned, hereby make application for license for the
sale of (a) in quantities of to be — (6) not to be —
drunk on the premises; and, having been duly sworn, declare that, on
the .... day of , A. D. 19 . ., I — we — intend to engage La the
sale of such liquors, in the quantities and in the manner above applied
for, at fto , street, in the of , count v
of
(Signed)
Subscribed and sworn to before me, this . . . day of , A. D. 19. .
a. State whether it is proposed to sell spirituous, vinous and malt
liquors, or malt liquors exclusively.
6. If to be drunk on the premises, strike out the words " not to be,"
so as to show clearly the intention of applicant.
R. S. Art. 5060c. As amended by 25th Leg., Reg. Ses. (1897), p. 224.
No. 485.
LIQUOR DEALER'S BOND- SPIRITUOUS.
The State of Texas, County of
Whereas, desires to engage in the sale of spirituous,
vinous and malt liquors, and medicated bitters capable of producing in-
toxication, to be drunk on the premises, in quantities of one gallon or
366 TEXAS CIVIL FORM BOOK.
., at , in the of , in the county of
, State of Texas, and has made the application and paid the
taxes required by law. :
Therefore, know all men by these presents, that we, , as
principal, and and , as sureties, are held and
firmly bound unto the State of Texas in the sum of five thousand dollars,
for the payment of which we bind ourselves, our heirs and legal repre-
sentatives, jointly and severally:
Conditioned, that the said , principal, shall keep an
open, quiet and orderly house or place for the sale of spirituous, vinous
or malt liquors, or medicated bitters capable of producing intoxication ,
and that or . . . , agent or employe, will not sell nor
permit to be sold in house or place of business, nor give
nor permit to be given any spirituous, vinous or malt liquors, or medi-
cated bitters capable of producing intoxication, to any person under the
age of twenty-one years, or to a student of any institution of learning,
or to any habitual drunkard, or to any person after having been notified
in writing, through the sheriff or other peace officer, by the wife, mother,
daughter or sister of the person, not to sell to such person; and that
will not permit any person under the age of twenty-one years
to enter and remain in such house or place of business ; and that
will not permit any games prohibited by the laws of this State to bo
played, dealt or exhibited in or about such house or place of business;
and that will not rent or let any part of the house or place in
which undertake to sell spirituous, vinous or malt
liquors or medicated bitters capable of producing intoxication in any
quantity to be drunk on the premises, to any person or persons for the
purpose of running or conducting any game or games prohibited by the
laws of this State; and that will not adulterate the liquors sold
by in any manner, by mixing with the same any drug; and that
will not knowingly sell or give away any impure or adulterated
liquors of any kind; then this obligation to be null and void, otherwise
lo remain in full force and effect.
Witness our hands this .... day of , A. D. 19. .
Approved this .... day of , A. D. 19. .
Judge County, Texas.
R. S. Art. 5060g. Art. 5060g of 1895 amended by 27th Leg., p. 314.
TEXAS CIVIL FORM BOOK. 367
The State of Texas, County of
Before me, (name and official character of the officer),
of the county of , in the State of Texas, on this day personally
appeared , known to me (or proved to me on the oath of
. . .' ) to be the persons whose names are subscribed to the
foregoing instrument, and acknowledged to me that they executed the
same for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of ,
A. D. 19..
(Seal.)
OATH OF SURETIES.
The State of Texas, County of
We, each of us, and , do swear that we are
worth, in our own right, at least the sum of dollars, after deduct-
ing from our property all that which is exempt by the Constitution and
laws of the State from forced sale, and after the payment of all our
debts of every description, whether individual or security debts, and
after satisfying ajl incumbrances upon our property which are known
to us; and that we reside in the county of , and have property
in the State liable to execution worth : the said ^sum of
...... dollars ; the said sum of dollars ; the said
sum of dollars, or more.
Subscribed and sworn to before me, this . . . day of , A. D. 19. .
(Seal.)
INDORSEMENT ON BOND.
No Liquor Dealer's Bond (Spirituous) — Bond of ,
principal, and and and , sureties.
Filed this . . , . day of , A. D. 19 , County Clerk,
County, Texas. By , Deputy.
Recorded this .... day of , A. D. 19. ., in the record of liquor
dealers' bonds of County, Texas, in volume . . . ., page . . . .,
, County Clerk of County, Texas. By
Deputy.
Fees — Recording, $ ; acknowledgment, $ ; total, $ •.
3G8 TEXAS CIVIL FORM BOOK.
MOKTGAGES.
No. 486.
CHATTEL MORTGAGE.
The State of Texas, County of
Know all men by these presents, that I, , of
County, Texas, in consideration of one dollar to me paid by ,
the receipt whereof is hereby acknowledged, have bargained, sold and
conveyed and by these presents do hereby bargain, sell and convey to
the said the following described personal property, viz :
(here describe the property).
To have and to hold the same to the use of said , his
heirs, executors, administrators and assigns forever.
And I bind myself, my heirs, executors and administrators, to war-
rant and forever defend the title to said property unto the said ,
his heirs and assigns, against the lawful claims of any person whom-
soever. Said property being now situated in , in
County, Texas, and shall remain in my possession, subject to all the
conditions hereinafter mentioned.
The foregoing sale, however, is intended as a mortgage to secure the
payment of my indebtedness to , the same being evidenced
by two notes made by , dated .... day of , A. D.
19. ., and described as follows (here describe said notes, giving
the amount, when due, etc.)
Provided, nevertheless, that if said mortgagor shall duly pay said
notes according to the tenor and effect thereof, said conveyance shall
become null and void, otherwise to remain in full force and effect.
The mortgagor hereby expressly agrees and covenants that on default
of payment of principal or interest, or any sale, or any attempt to sell
said goods or chattels, or any part of them, or to remove them, or any
part of them, from the county, or from their present location, or upon
any seizure of them, or any part of them, by any process of law, or if
any holder of said note. . shall at any time feel unsafe or insecure from
any cause, then, and in that event, said mortgagee or his assigns, agent
or representative is hereby authorized at his option to declare all said
notes due and to take actual possession of said property, and to sell the
same at public auction for cash, at , in County,
Texas, with or without having possession of said property present at
said sale, after having given notice of the time, place and terms of said
sale, as the law now requires for sales of personal property under
execution. And the proceeds arising from such sale shall be applied —
first to the necessary and proper expenses of such sale, then to the pay-
ment of said notes then remaining unpaid, the balance, if any, to be
paid to said mortgagor or his order. The said mortgagee or assigns
TEXAS CIVIL FORM BOOK. 309
having power to receive said money and make bills of sale of said
property.
Witness my hand this .... day of , A. D. 19 . .
Witnesses :
R. S. Art. 3327.
Chattel mortgage should be forthwith deposited with and filed in the
o'fice of the county clerk, etc.
R. S. Art. 3328. Arts. 3328 and 4651 ( 18!Kj|. anii'iidod by 25th Leg., Reg. Ses.
(1897), p. 209.
No. 487.
CROP— CHATTEL MORTGAGE.
The State of Texas, County of
Know all men by these presents, that I, , of
County, Texas, to secure my indebtedness to , of
County, Texas, amounting to dollars, as is evidenced by my note
payable to , dated on the .... day of ....... 19. ., and du*1
on the . . . day of , 19. ., and also such other sums of money which
I may be owing him for merchandise, money, provisions or advances
made by me during the year 19 . . , all of which said indebtedness I
promise to pay at , Texas, have this day and by these presents
granted, sold, conveyed and mortgaged to the said , his
heirs and assigns, free of prior liens or other incumb ranee, all that cer-
tain property owned by me and now in my possession in said county of
and described as follows (here describe the property).
Also my entire crop of cotton and corn or other produce planted or
to be planted and grown by me and those in my employ, or any other
crop 1 may have an interest in during the year 19. ., on the farm of
..'.... , situated in said county about miles oi' the
town of in said county, now occupied by me, or on any other
farm or crop I may be interested in, consisting of not less than
acns in cotton and acres in corn; and also all succeeding crops
raised by me on said farm or elsewhere in or outside of said county at
any time hereafter, until said indebtedness is paid.
T agree to cultivate said land in a farmer-like manner, to gather the
crops in good time, order and condition ; to have the cotton ginned and
baled, and to deliver all of said cotton, corn or other produce raised on
said land, at my expense, from time to time, and as rapidly as it can be
made ready for market, to the said , at , Texas, if
Form Book — 24.
370 TEXAS CIVIL FORM BOOK.
by him required, and he shall have the exclusive right to sell the same
and apply the proceeds of sale to the payment of said indebtedness
And in case of my failure to pay said indebtedness or any part thereof,
when it becomes due, to the said , or the legal holder
thereof, or in case I should remove said property or any part thereof be-
yond the limits of said county, or sell or otherwise dispose of the same,
without the written consent of the said , or the holder of
the said indebtedness, or in case he may at any time deem himself in-
secure, at his option, he may declare said indebtedness due and take
immediate possession by himself or agent of any or all of said property,
and sell the same at public or private sale for cash ; and if at public sale,
at , in said county, after giving ten days' notice of the time,
terms and place of sale by posting a written notice hereof at
(or the said or holder of said indebtedness at his option
may proceed at law for the collection of same); and after any such sale
he shall apply the proceeds of sale, after paying the expenses of sale,
to the payment of said indebtedness, and the balance, if any, to be paid
to me or my order.
And in case of any such sale I agree at my expense to deliver said
property to the said , on the day of sale at , in
said <. . County; but any such sale made by said
shall be valid and binding, whether said property be present at any such
sale or not.
Witness my hand this the .... day of , A. D. 19. .
Attest :
Witnesses.
No. 488.
MORTGAGE TO INDEMNIFY SECURITY.
The State of Texas, County of
Know all men by these presents, that I, , of said county
and State, for and in consideration of the sum of dollars, to me
in hand paid by of the county of and State of
Texas, the receipt of which is hereby acknowledged, do, by these presents,
bargain, sell and convey unto the said , his heirs and
assigns, the following described property, to wit (here describe
the property).
And I hereby bind myself, my heirs, executors and administrators, to
warrant and forever defend the right and title to said property to the
said , his heirs and assigns, against the lawful claim of any
TEXAS CIVIL FORM BOOK. 371
person whomsoever. This conveyance, however, is intended as a mort-
gage, 1 being indebted to . . . in the sum of dollars, as
evidenced by a certain promissory note bearing date .... day of ....;.,
A. D. 19. ., and due .... day of , A. D. 19 . ., and payable to the
order of , made by me and the said , as my
security. Now, if I pay, or cause to be paid, said indebtedness, at or
before its maturity, then this obligation is to be null and void; but in
case said note is not paid at its maturity, then the said
is hereby fully authorized and empowered to take charge of the property
hereinbefore described, and sell the same at public outcry, for cash, at
, in said county and State, after giving notice of the time,
place and terms of said sale, by posting up notices of the said sale in
three public places in said county; and the proceeds arising from said
sale to be applied to the payment of said note, interest and costs, and
the balance, if any then remaining, to be turned over to me, the said
, or my order.
The holder of the indebtedness or party hereby secured may become
the purchaser at such sale, being the highest bidder.
Witness my hand this .... day of , A. D. 19. .
Witnesses.
No. 489.
MORTGAGE DEED, WITH POWER OF SALE.
The State of Texas, County of
Know all men by these presents, that I, , for and in
consideration of dollars paid by , the receipt of
which is hereby acknowledged and confessed, do hereby give, grant, bar-
gain, sell and convey to the said a certain tract, lot or
parcel of land situate, lying and being in the county of ., State
of Texas, and bounded and described as follows (here give a
description of the land); to have and to hold the above described land
with all the privileges and appurtenances thereto belonging, to the said
grantee, his heirs and assigns, to their use and behoof forever; and 1,
the said grantor, for myself and my heirs, executors and administrators,
.do covenant with the said grantee, his heirs and assigns, that I am law-
fully seized in fee simple of the above described land and premises, free
from all incumbrances, and that I have a good right to sell and convey
the same to the said grantee, his heirs and assigns, as aforesaid, and
that I will, and my heirs, executors and administrators shall warrant
and defend the same to the said grantee, his heirs and assigns, forever,
372 TEXAS CIVIL FORM BOOK.
against the lawful claims and demands of all persons; provided, never-
theless, that if the said grantor, his heirs, executors or administrators
Bhall pay unto the said grantee, his executors, administrators or assigns,
the sum of dollars in one year from the day of the date hereof,
with interest on said sum at the rate of .... per cent per annum, evi-
denced by a certain promissory note of even date herewith executed
by me and payable to the order of said grantee, and until such payment,
§hall pay all taxes and assessments levied on the said above described
premises, and shall also keep the buildings standing on said land afore-
said insured in the sum of not less than dollars, in some good and
responsible fire insurance company or companies approved by the grantee
herein, for the benefit of the said grantee, and his executors, adminis-
trators and assigns, to whom the loss, if any, shall be payable, and by
whom the policies shall be kept. And in case of default made by the
Baid grantor in performance of any of the foregoing . stipulations, the
same may be performed by the said grantee herein, for account and at
the expense of the said grantor herein, and any and all expenses incurred
and paid in so doing shall be payable by the said grantor to the said
grantee or to the party -paying such expenses, with interest at the rate
of .... per cent per annum from the date when the same was so incurred
Or paid, and shall stand secured and payable by and under this deed in
like manner with the other indebtedness herein mentioned, and the
amount and nature of such expenses and time when paid shall be held
fully established by the affidavit of the holder or holders of said in-
debtedness, of the party paying such expenses, or of his or their agent.
Now, upon the payment of the said indebtedness above described, both
principal and interest, as the same, shall become due and payable, and
strictly complying with all the conditions and requirements herein pro-
vided, then this deed, as also my said certain promissory note, bearing
even date with these present?, whereby, for value received, I promise to
pay to the said grantee or his order the. said sum and interest, at the
times aforesaid, shall become null and void and of no further force and
effect, and shall be released at the cost and expense of the said grantor
herein. But should the said grantor herein make default in the punc-
tual payment of said indebtedness, or any part thereof, principal or in-
terest, as the same shall become due and payable, or should said grantee
herein in any respect fail to keep and perform any one or more of the
conditions herein provided to be kept and performed by said grantor,
then, and in any such case, the whole amount of said indebtedness re-
maining unpaid shall, at the option of the holder or holders of said
indebtedness, immediately mature and become payable, then it shall be
lawful for said grantee herein, his executors, administrators and assigns,
to enter into and upon all and singular the land and premises above de-
scribed and herein granted, and to sell and dispose of the same at public
auction in front of the courthouse of , in -. . County, in
the State of Texas, on the first Tuesday in any month, between the
TEXAS CIVIL FORM BOOK. 373
hours of 10 o'clock a. m. and 4 o'clock p. m., to the highest bidder for
cash, selling all the above property conveyed as an entirety or in par-
cels, as the grantee herein may elect, first giving notice of the time and
place of sale by advertising the same for at least twenty days suc-
cessively before the day of sale, by posting up written or printed notices
thereof in three public places in County, Texas, one of which
shall be at the courthouse door at , County, Texas,
and in his or their own name, or as the attorney of the said grantor
herein, for that purpose by these presents duly authorized, constituted
and appointed, to make and deliver to the purchaser or purchasers
thereof a good and sufficient deed or deeds of conveyance of the same in
fee simple, with general warranty, binding the said grantor, his heirs and
assigns, and out of the money arising from such sale to retain the prin-
cipal and interest which shall then remain due of the moneys mentioned
in the condition of this deed as aforesaid, together with the costs and
charges of advertising and selling said land and premises, rendering the
balance of the purchase money, if any, to the said grantor, his heirs 01
assigns, and such sale, so to be made, shall forever be a perpetual ba?,
both in law and in equity, against the said grantor, his heirs and assigns,
and all other persons claiming or to claim the said land and premises,
or any part thereof, by, from or under him, them or any of them.
The said grantor herein hereby declares that the property hereinbefore
mentioned and conveyed to the said grantee forms no part of any prop-
erty now owned; used or claimed by him as a homestead, or exempt from
forced sale under the laws of the State of Texas, in so far as the in-
debtedness herein mentioned is concerned, and disclaims and renounces
all and every claim thereto under any such law or laws. The grantee
shall have no right to enter and take possession of said premises until
default in the payment of said sum of money, or other default as heVein
provided.
Witness my hand this the .... day of , A. D. 19. .
[Acknowledgment same as given under deeds.]
All deeds of trust and mortgages on lands should be acknowledged or
proved and filed with the county clerk to be recorded as required by law.
They shall be recorded in the county where such real estate or a park
thereof is situated; provided, that all such instruments, when relating
to real estate situated in an unorganized county, shall be recorded in
the county to which such unorganized county is attached for judicial
purposes.
R. S. Art. 4640a.
374 TEXAS CIVIL FORM BOOK.
No. 490.
CHATTEL MORTGAGE— GOODS, WARES AND MERCHANDISE.
Know all men by these presents, that I, • , of the county
of , and State of Texas, for and in consideration of the sum
of one dollar to me in hand paid by , the receipt of which
is hereby acknowledged and confessed, and for the purposes, considera-
tion and use hereinafter set forth and declared, have granted, sold, as-
signed, transferred and delivered and hereby by these presents assign,
transfer, convey and deliver unto the said , as trustee (and
to his successor herein provided) all and singular the certain stock of
goods, wares and merchandise, situated and being in the story
brick building, situated on lot number in block number
of addition to the city of , in County,
Texas ; said stock of goods, wares and merchandise, consisting principally
of dry goods, notions and groceries, such as hats, shoes, dress goods,
domestics, notions, flour, meat, coffee and sugar, and such other articles
as are usually kept in a stock of general merchandise, together with the
furniture and fixtures and such other stock and articles belonging
thereto ;
To have and to hold, unto the said , and unto his suc-
cessor and substitute herein provided, their heirs and assigns forever, all
and singular the above described property, goods, wares and merchandise,
furniture and fixtures. In trust, however, for the following purposes
and upon the following conditions, to wit: that whereas, I, the said
, am justly indebted unto , of
County, Texas, in the sum of ...... dollars, upon account due 01
demand ;
And I am also indebted unto , of County,
Texas, in the sum of dollars, as is evidenced by a promissory
note by me executed and payable to the order of , and bear-
ing interest at the rate of .... per cent per annum from thereof
until paid, and stipulating for ten per cent as attorney's fees if placed in.
the hands of an attorney for collection or suit is brought on same, dated
on the .... day of , A. D. 19 . . , due on the .... day of ,
A. D. 19. ., and being for the sum of dollars; which said above
named creditors are hereby designated and will hereinafter be known
and referred to as my creditors in class "A";
I am also indebted to , of , County,
Texas, in the sum of dollars, due upon account, due on demand ;
I am also indebted to , of , Count}',
Texas, in the sum of dollars, due upon account, due on demand ;
said two last above named creditors are hereby designated and will here-
inafter be known and referred to as my creditors in class "B." And
TEXAS CIVIL FORM BOOK. 375
desiring to secure my several creditors above mentioned, in the payment
of their respective claims against me as above mentioned in the manner
and in the order hereinafter named; therefore this conveyance is made
and is intended as a mortgage to secure my said creditors above men-
tioned in the manner and order hereinafter expressed. And the said
is hereby by me fully authorized and empowered, and it is
made his special duty to immediately take possession of all of said
property, wares and merchandise, furniture and fixtures, and the same
retain until this trust is executed, according to its terms hereof. And
the said shall, as soon as practicable, take a full and com-
plete inventory of all of said property, goods, wares and merchandise,
furniture and fixtures, or so much thereof as may be necessary for the
purpose of executing this trust ; and the same may be sold in bulk or in
parcels, with or without advertising, at public or private sale, as to him
may seem best. And so long as any of said property, goods, wares and
merchandise, furniture and fixtures may be in his possession and un-
disposed of by him, he, the said , or his substitute as herein
provided, shall provide a suitable and adequate place to keep said prop-
erty, goods, wares and merchandise, furniture and fixtures, and may rent
a house for that purpose in the city of , Texas, and pay therefor
reasonable rent, and may employ sufficient help to take care of and sell
said property, goods, wares and merchandise, and pay therefor reason-
able wages and hire, and he shall also keep all of said property, goods,
\\aivs and merchandise, furniture and fixtures, well and fully insured
against loss or damage by fire, in some good and solvent fire insurance
company or companies for the benefit of the creditors herein above
named, as their respective interest may appear; and he may pay therefor
reasonable rates and premiums. And all of said rents, wages, hire,
rates and premiums shall be held and deemed part of the expenses of
executing this trust, and may be paid by said , or his sub-
stitute as herein provided, out of the proceeds of any sales of any of
said property, goods, wares and merchandise, furniture and fixtures that
he may make. And all such sales of any and all of said personal prop-
erty, goods, wares and merchandise, furniture and fixtures, the said
, or his substitute as herein provided, shall make, shall
be made for cash, and may be sold by him in bulk or in parcels, and
with or without advertising, as he may elect. And he shall proceed to
collect and reduce to money, as rapidly and as expeditiously as possible,
all of said property, goods, wares and merchandise, furniture and fixtures
herein mentioned, and shall apply the proceeds of the sales thereof, as
rapidly as received by him, to the discharge and credit upon said several
debts above mentioned, after paying the expenses of executing this trust,
in the manner hereinafter stated. And all sums of money received, or
his successor or substitute, from the sales of said property, goods, wares
and merchandise, furniture and fixtures, shall be by him, after paying
376 TEXAS CIVIL FORM BOOK.
the expenses of executing this trust, and paying himself, as his compen-
sation for executing this trust .... per cent on the gross amount
of the moneys received by him applied as follows:
1. Out of such proceeds he shall pay the said the said
sum of dollars.
2. And after said is paid said sum of dollars, he
shall then pay to the said the said sum of dollars,
and all interest and other lawful charges, according to the terms herein
mentioned ; he shall then apply the remainder, if any, of such proceeds
of such sales toward the payment of and credit upon my said indebted-
ness due my said creditors in class " B ;" that is, my said indebtedness
due the said , in the sum of dollars, and the said
in the sum of dollars, and all interest thereon,
applying such remainder, if any, toward the payment of my said cred-
itors in class " B " pro rata between my said creditors in class " B," and
without preference of partiality according to the respective amounts I
am due my said creditors in class " B," taking a receipt for each and all
of said payments, and keeping a true and accurate account thereof. And
my said trustee, , or his substitute as herein provided,
shall at all times keep a true and correct and faithful account of all
sales made by him, and all moneys received by him, which said account
so kept by him shall at all times be open to the inspection of myself and
all of my said creditors. And the said , trustee herein, or
his substitute as herein provided, shall be entitled to receive as com-
pensation for executing this trust .... per cent on the gross amount of
all moneys received by him from the sale of said property aforesaid.
And when the debts hereinbefore mentioned, and the expenses of execut-
ing this trust, including a commission as aforesaid to the said trustee.
are well and fully paid, the said , or his substitute as
herein provided, shall return to me all and every the moneys and pro-
ceeds of said sales, property, goods, wares and merchandise, furniture
and fixtures, that may be in his possession or hands and unsold. And
fhould I at any time pay, or cause to be paid, all of the indebtedness
herein above mentioned, including the expenses of executing this trust,
then this conveyance shall become null and void, and of no further force
or effect, and shall be released at my costs ; arid in such event all moneys
and proceeds of sales made by the said • . . . , or his substitute
as herein provided, and all the property, goods, wares and merchandise,
furniture and fixtures, in his hands and undisposed of, shall be by the
said , or his substitute, returned to me.
And the said , or his substitute as herein provided, shall
on or before the .... day of , A. D. 19 . . , in all things execute
this trust and make a full and final showing of all his acts and doings in
the premises. And if all said debts hereinabove mentioned shall not have
been by the .... day of , A. D. 19. ., and if there should be at
that time any of said property, goods, warns and merchandise, furniture
TEXAS CIVIL KOK.M BOOK. 377
ami rxtures undisposed of, then the said , or his substitute
as lu-rcin provided, shall, after advertising the time, place and terms of
such sale, for at least ten days prior thereto in some newspaper pub-
lished in , County, Texas, sell all of said personal
property, goods, wares and merchandise, furniture and fixtures, at
public outcry in the city of , Texas, to the highest bidder for
cash, selling the same in parcels, separately or in bulk, as said trustee
may elect. And should the said , from any cause whatever,
fail or refuse to act, or become disqualified from acting as such trustee,
then my said creditors in class "A," or my creditors in class " B," if my
creditors in class "A" have been paid, shall have full power and author-
ity to appoint a substitute trustee, with no other formality than an
appointment in writing, who, when so appointed, shall have all the
powers, rights and authorities, and be subject to all the duties that are
vested in and imposed upon the said ; and this conveyance
shall vest in such substitute trustee, when so appointed, the right and
title to all said property, goods, wares and merchandise, furniture and
fixtures, to the same extent that the same is hereby vested in the said
And such right to appoint shall exist whenever, from
any cause, a trustee, original or substitute, cannot or will not act.
And I hereby absolutely and in all things ratify all the acts that the
said , or his substitute as herein provided, may lawfully
do in the premises by virtue hereof.
Witness my hand this the .... day of , A. D. 19 ..
The State of Texas, County of
Before me, , a notary public in and for County,
State of Texas, on this day personally appeared , known
to me to be the person whose name is subscribed to the above and fore-
going instrument in writing, and acknowledged to me that he executed
the same for the purposes and considerations therein expressed.
Given under my hand and seal of office this the .... day of ,
A.D. 19..
(Seal.)
Notary Public in and for County, Texas.
378 TEXAS CIVIL FORM BOOK.
MARRIAGES, ETC.
No. 491.
MARRIAGE LICENSE.
The State of Texas, to any Regularly Licensed or Ordained Minister of
the Gospel, Jewish Kabbi, Judge of the District or County Court, or
Justice of the Peace of County, Texas :
You are hereby authorized to celebrate in the county of , in
said State, the rites of matrimony between and
and of this license, with your action indorsed thereon, make due returr
to the office of the county clerk of County, Texas, within sixty
days after the celebration of said marriage as aforesaid.
Witness , Clerk of the County Court of
County.
Given under my hand and seal of office, at office in , this
day of , A. D. 19..
Clerk County Court, County, Texas.
R. S. Art. 2956 (2840).
RETURN THEREON.
By authority of the within license, I, , a regularly
ordained minister of the gospel (or as the case may be), celebrated the
rites of matrimony between and , on the ....
day of , A. D. 19. ., in the county of '.. ., in said State.
(Signature of Minister.)
R. S. Art. 2958 (2842).
Males under sixteen and females under fourteen years of age shall not
marry.
R. S. Art. 2955 (2839).
No clerk shall issue a license to a male person under twenty-one years
of age, nor to a female under the age of eighteen without the consent of
their parents or guardians.
R. S. Art. 2957 (2841).
TEXAS CIVIL FORM BOOK. 379
No. 492.
CONSENT OF PARENTS TO MARRIAGE.
The State of Texas, County of
We, . . . . and of said county, hereby give our
consent to the issuance of a license for the solemnization of a marriage
between our daughter, and This, the . . , .
day of , A. D. 19..
Witnesses :
No. 493.
AFFIDAVIT FOR MARRIAGE LICENSE.
The State of Texas, County of
I, , do solemnly swear that I ami twenty-one years of
age, and that Miss is eighteen years of age, and that there
are no legal objections to our marriage.
Subscribed and sworn to before me, this . . . day of , A/D. 19. .
Clerk County Court, County, Texas.
By , Deputy.
No. 494.
MARRIAGE CEREMONY.
By authority of a license issued by the proper officer of this State,
I am about to celebrate the rites of matrimony between
and If anyone can show just cause why they may not
lawfully be joined together, let them now speak, or else hereafter forever
hold his peace.
Mr , wilt thou have this woman to be thy wedded wife ?
Wilt thou love her, comfort her, honor and keep her, in sickness and in
health, and, forsaking all others, keep thee only unto her, so long as you
both shall live?
Answer. — I will.
380 TEXAS CIVIL FORM BOOK.
Miss , wilt thou have this man to be thy wedded hus-
band? Wilt thou love, honor and keep him, in sickness and in health,
and forsaking all others, keep thee only unto him, so long as you both
shall live?
Answer. — I will.
(The bridegroom and bride join right hands.)
Forasmuch as and have covenanted to-
gether in holy wedlock and witnessed the same before God and this com-
pany, and thereto have pledged their faith to each other, and have de-
clared the same by joining their right hands, I pronounce them husband
and wife. Whom God has joined together, let no man put asunder.
No. 495.
MARRIAGE CONTRACT.
The State of Texas, County of
This agreement, made and entered into between and
. . . , both of the county and State aforesaid, and before
, a notary public in and for the State and county aforesaid,
and , and , subscribing witnesses, witnesseth :
That whereas the said is seized and possessed in her own
right of certain real and personal property situate and being in the
State of Texas, and may acquire other property by gift, devise or de-
scent; and whereas a marriage is intended to be had and consummated
between the said and , and the said parties
are desirous of securing to the said the sole use and bene-
fit of her separate property : Now therefore the said doth
hereby covenant and agree, if the marriage so intended shall be had and
solemnized, that she, said , the intended wife of him, the
said . , shall have the sole management and control of her
separate estate, now owned by her or hereafter acquired, and that she
and she alone, or such person as she shall appoint, shall take and receive
the rents, issues, interest and profits thereof to her sole and separate use,
and so as her intended husband shall not in anywise intermeddle there-
with, and that said rents, issues, interest and profits may be reinvested
by her in such manner as she shall direct, and that the same, with the
proceeds, rents, issues, interest and profits thereof, shall remain her
separate property, in like manner subject to her sole use, management,
and control.
And the said doth further covenant and agree that the
said , his intended wife, may from time to time,- as she
may think proper, sell, convey and otherwise dispose of her separate
property as fully and to the same extent as if she were a feme sole, and
without the necessity of him, the said , uniting in the sale
TEXAS CIVIL FORM BOOK. 381
or other disposition of said property so made by her, or in anywise
giving his assent thereto.
In testimony whereof, the said parties hereto set their hands this the
. . . .day of , A. D. 19. ., in presence of said notary and subscrib-
ing witnesses.
Subscribing witnesses :
R. S. Art. 2963 (2847).
ACKNOWLEDGMENT OF SAID AGREEMENT.
The State of Texas, County of
I, , notary public in and for said county and State,
certify that the foregoing act was made before me and. the subscribing
witnesses therein named on the .... day of , A. D. 19. ., by the
said and , to me well known, who signed their
names to said instrument and acknowledged the same to be their act
and deed for the purposes and considerations therein expressed, in my
presence and in presence of said subscribing witnesses, who, at the
request of said parties, signed their names thereto.
Given under my hand and seal of office this .... day of ....,
A. D. 19..
(Seal.)
R. S. Art. 2964 (2848).
The minor capable of contracting matrimony may give his consent to
any agreement which this contract is susceptible of, but such agreement
must be made by the written consent of both parents, if both be living;
if not, by that of the survivor; if both be dead, then by the written con-
sent of the guardian of such minor. Said agreement shall not be altered
after marriage.
R. S. Art. 2965 (2849).
No. 496.
CONSENT OF PARENTS TO CONTRACT.
The State of Texas, County of
We, and , parents of , a
minor, in consideration of a marriage to be solemnized between
and our said daughter, , both of said
county, hereby give our consent to a marriage contract, this day being
382 TEXAS CIVIL FORM BOOK.
entered into between the said and our said daughter.
Witness our hands this .... day of , A. D. 19. .
The consent of parents should also be acknowledged and recorded with
the contract, to be valid as to the subsequent purchasers or creditors of
the husband.
R. S. Arts. 2966 (2850), 4643 (4335).
No. 497.
ARTICLES OF SEPARATION BETWEEN HUSBAND AND WIFE.
The State of Texas, County of
Know all men by these presents, that this instrument or contract in
writing, made this the day of , A. D. 19. .9 between
of the first part, , his wife, of the second
part, and , trustee of the said (name of wife
here), of the third part, witnesseth: Whereas divers disputes and un-
happy differences have arisen between the said party of the first part and
his said wife, for which reason they have consented and agreed to live
separate and apart from each other during their natural lives ; therefore
the said party of the first part, in consideration of the premises and in
pursuance thereof, doth hereby covenant, promise and agree to and with
the said trustee, party of the third part, and also to and with his said
wife, that it shall and may be lawful for her, the said wife, at all times
hereafter, to live separate and apart from him, and that he shall and
will allow and permit her to be and reside in such place and places, and
in such family .and families, and with such relations, friends and other
persons, and to follow and to carry on such trade and business as she
may from time to time choose or think fit to do, and that he shall not
nor will not, at any time, sue or suffer her to be sued for living separate
and apart from him, or compel her at any time hereafter to live with
him, or molest, disturb or trouble any other person whomsoever for re-
ceiving, entertaining or harboring her; and that he will not,- without
her consent, visit her or knowingly enter any house or place where she
shall l)e, dwell or reside, or send or cause to be sent any letter or mes-
sage to her, nor shall or will at any time hereafter claim or demand any
of her property, real or personal, money, jewels, plate, clothing, house-
hold goods, furniture or stock in trade which she now hath in her power,
custody or possession, or which shall be devised, bequeathed or given to
her, or which she may at any time hereafter by her own exertions or with
her own money acquire, and that she shall and may enjoy and absolutely
TEXAS CIVIL FORM BOOK. 383
dispose of the same, as if she were a feme sole and unmarried; and
further, that the said party of the first part shall and will well and truly
pay or cause to be paid unto her, his said wife, for and toward her better
support and maintenance, the yearly sum of dollars, free and
clear of all charges and deductions whatsoever, for and during her
natural life, at or upon the first days of , and , in
each and every year during her said natural life, which the said trustee
doth hereby agree to take, in full satisfaction for her support and main-
tenance, and all alimony whatever; and the said trustee, in considera-
tion of the sum of one dollar to him duly paid, doth covenant and agree,
to and with the said party of the first part, to indemnify and bear him
harmless of and from all debts of his said wife contracted or that may
hereafter be contracted by her or off her account, and if the said party
of the first part shall be compelled to pay any such debt or debts, the
said trustee hereby agrees to repay the same upon demand to the said
party of the first part, with all damage and loss that he may thereby
sustain.
In testimony whereof witness our hands.
[Acknowledgment same as given in deeds.]
No. 498.
BOND TO SUFFER A WIFE TO LIVE APART FROM HER HUSBAND.
The State of Texas, County of
Know all men by these presents, that I, of
county of , State of Texas, am held and firmly bound unto
, of said place, county and State, to the use of and in trust
for , my wife, in the sum of dollars, lawful money
of the United States, to be paid to the said , or his certain
attorney, executors, administrators or assigns, to and for the use and
benefit of my said wife; to which payment, well and truly to be made,
I do bind myself, my heirs, executors and administrators, each and every
one of them, firmly by these presents.
Signed with my hand and dated this .... day of , A. D. 19 . .
The condition of this obligation is such, that whereas the said
, wife of the said , is now living, and hath for sev-
eral years last past lived, separate and apart from the said ,
her husband, and hath during such time maintained and provided for
herself and , the daughter of the said , with-
• out any expense to him, the said : and whereas it is agreed
384 TEXAS CIVIL FORM BOOK.
between the said and the said , his wife, that
the said , wife of the said , shall and may
at all times hereafter live separate and apart from the said ,
and also that the said shall and may have, hold and en-
joy, to her sole and separate use, all such property, real and personal,
moneys, goods and effects, as she, the said ."..., is now pos-
sessed of, or which she shall or may, at any time or times hereafter, get
or acquire, or which shall be given or bequeathed to her by any person
or persons whatsoever, Avithout any hindrance, molestation or interruption
of or by him, the said ; and whereas the said
hath also agreed to behave himself 'peaceably and quietly toward the said
, his wife, and the said , his daughter, and
not to molest, assault or mistreat, t>r do any bodily hurt or injury to
them or either of them : Now therefore if the above bounden
shall and do from time to time, and at all times hereafter, during the
term of his natural life, permit and suffer the said , his
wife, and the said , his daughter (in case they or either of
them shall chance so long to live), to live separate and apart from the
said , without any molestation, disturbance or interruption
of or b}r him, the said , and also if the said ,
his executors and administrators, shall and do at all times hereafter per-
mit and suffer the said , his wife, to have, hold and enjoy,
to her sole and separate use, all and every the property, real and personal,
moneys, goods, chattels and effects, which the said shall or
may at any time or times hereafter get or acquire, or which shall or may
be given or bequeathed to the said by any person or persons
whatsoever, without any hindrance, molestation or interruption of or by
him. the said , and also if the said shall and
do from time to time, and at all times hereafter, demean and behave
himself peaceably and quietly toward the said , his wife,
and the said , his daughter, and each of them, and shall
not, nor in any manner whatsoever, molest, assault, disturb or do any
bodily hurt or injur}r to the said , his wife, and the said
his daughter, or either of them, then this obligation to be
void; but if default be made in performance of all or any of the above
specified conditions, then this obligation to remain in full force and
effect.
In testimony whereof witness my hand.
TEXAS CIVIL FORM BOOK. 385
MECHANIC'S AND OTHER LIENS.
R. S. Arts. 3294-3315.
No. 499.
FORM OF FIXING LIEN ON UNWRITTEN CONTRACT.
The State of Texas, County of
, affiant, makes an oath and says, that the annexed is a
true and correct account of the labor performed (or material furnished)
for , of County, Texas, and that the prices thereof
as set forth in said account hereto annexed are just and reasonable, and
the same is unpaid; that said labor was performed (or material fur-
nished, or both) for said at the time in said account men-
tioned under and by virtue of a contract between affiant and ,
and that due notice was given by affiant of the labor performed (or ma-
terial furnished), in accordance with article 3296 of the Revised Stat-
utes of this State ; and affiant further makes oath and says that he is in-
formed and believes that was, at the time said contract was
made and entered into and said labor was performed (or material fur-
nished), the owner of the house (or improvements) described as fol-
lows: (here describe the house or improvements). And that
said house (or improvements) is situated upon a certain lot or tract of
land which affiant is informed is owned by said , and
which is described as follows : (here describe the lot or tract
of land). And this affiant claims a lien upon said house '(or improve-
ments) upon said land.
Sworn to and subscribed before me, under my official hand and seal,
this day of , A. D. 19...
(Seal.)
R. S. Art. 3297.
If there be no written contract, it is the duty of the person seeking to
obtain a lien to deliver to the clerk of the county court a sworn account,
to be filed and recorded as provided for in such cases. When the labor
is performed for or the material is furnished to the owner, the above
form will be deemed sufficient to fix the lien.
Original contractor should file his contract in the office of the county
clerk within four mouths after the indebtedness shall have accrued.
R. S. Art. 3295.
Form Book — 25.
386 TEXAS CIVIL FORM BOOK.
No. 500.
FORM OF LIEN WHEN MATERIAL IS FURNISHED TO BUILDER, ETC.
The State of Texas, County of
, affiant, makes oath and says that the annexed is a
true and correct account of the labor performed for (or material fur-
nished to) , a contractor (or builder), by affiant (or
other person), and the prices thereof as set forth in the annexed
account are just and reasonable, and the same is unpaid (or the
sum of dollars, as shown by said account, is unpaid), after al-
lowing all just and lawful offsets, payments and credits known to
affiant; that said labor was performed (or material furnished, or both)
for or to said , to be used in the erection of a house (or
building, or improvement, or in repairing of a house, building or im-
provement) owned, as affiant is informed and believes, by ,
of County, State of Texas, and that said labor was performed
(or material furnished, or both) to or for said , under
and by virtue of a contract between affiant (or other party) and said
(And in case of material furnished, affiant shall further
swear that he has given to the owner, his agent or representative,
notice in writing of each item of said account as required in article
3296 of the Eevised Statutes of this State, as the same was furnished
to said ) And said house (or improvements) is situated
upon the following described tract or lot of land (here- describe
the property). And this affiant claims a lien upon said house (or im-
provements) and upon said land.
Sworn to and subscribed before me, under my official hand and seal,
this day of , A. D. 19, .
(Seal.)
R. S. Art. 3298.
If the labor is performed for or the material is furnished to a contrac-
tor, builder, agent or receiver, and not the owner of the property, the
above form will be deemed sufficient to fix the lien. Should be attached
to an itemized account of the labor performed or material furnished.
Every journeyman, day laborer or other person (meaning every person
except the original contractor) should file his contract in the. county
clerk's office within thirty days after the indebtedness shall have accrued.
If said parties have no written contract, it shall be sufficient for them
to file an itemized account of their claim, supported by affidavit, show-
ing that the account is just and correct, and that all just and lawful
offsets, payments and credits known to the affiant have been allowed.
R. S. Art. 3295.
Any person, firm or corporation who may furnish material to any con-
tractor, subcontractor, agent or receiver, by giving written notice to
TEXAS CIVIL FORM BOOK. 387
the owner, etc., of each aud every item furnished, showing how much is
due and unpaid, may fix and secure his lien at any time within ninety
days after accrual of the indebtedness.
R. S. Art. 3296.
No. 501.
CONTRACT FOR BUILDING ON HOMESTEAD.
The State of Texas, County of
Know all men by these presents, that we, , party of the
first part, and and wife, , parties of the
second part, all of County, Texas, have this day made and
entered into the following agreement and contract, to wit: Whereas,
the said parties of the second part are desirous of erecting a five-room
frame shingle roof dwelling-house on the property belonging to and
claimed by them as their homestead, situated in the city of ,
in County, Texas, and more particularly described as follows :
(here describe the property) : Now therefore in consideration
of the fact that the said party of the first part has covenanted and
agreed with the said parties of the second part, and by these presents
does agree with the said parties of the second part, that he will make,
erect, build and finish in a good, substantial and workmanlike manner,
by the .... day of , A. D. 19. ., the said dwelling and improve-
ments on the said above described property, performing or causing to be
performed all of the labor in the erection of the same, and furnishing
all of the material of whatsoever kind necessary to be used in the erec-
tion of the same, and paying all expenses incident to the said labor and
furnishing of material, the said dwelling-house and improvements to be
built of good substantial material and to be erected strictly according to
the plans and specifications hereto attached, marked Exhibit " A," and
made a part hereof. And the said parties of the second part agree, bind
and obligate themselves to pay to the said party of the first part at
, Texas, the sum of dollars, as follows: dollars
when said building is inclosed, and dollars due and payable at the
end of each week as the erection of said house and improvements pro-
gresses, and the remaining dollars to be paid on the completion
of same according to the said plans and specifications before mentioned.
(If notes are given, then use the following clause, instead: "And the
remaining dollars, evidenced by two promissory notes of even
date herewith for the sum of dollars each, executed by said
parties of the second part, jointly and severally, payable to the order of
, party of the first part, at , Texas, bearing eight
per cent interest per annum from the completion and acceptance of said
building, until paid, due on the .... day of , A. D. 19. ., and
388 TEXAS CIVIL FORM BOOK.
19. ., each respectively, interest due and payable annually, providing for
ten per cent additional thereon on amount of principal and interest then
due as attorney's fees if placed in the hands of an attorney for collection,
or in case suit is brought on same ; and providing failure to pay either of
said notes or any installment of interest, when due, shall at the option
of the holder of said notes, or either of them, mature each and all of said
notes.") Or in case of installment note, the following clause can be
used : " The said parties of the second part agree, bind and obligate
themselves to pay to the said party of the first part, at , Texas,
the sum of dollars, in .... equal monthly installments of
dollars each, due as follows : the first installment of dollars, is
due and payable on the .... day of , A. D. 19 . ., and the remain-
ing installments are due and payable on the .... day of each
consecutive month thereafter until paid, interest due and payable an-
nually (or monthly, as the case may be), bearing ten per cent interest per
annum from , until paid, providing for ten per cent additional
thereon on amount of principal and interest then due as attorney's fees,
if placed in the hands of an attorney for collection or if suit is brought
on same, and also providing failure to pay either of said monthly pay-
ments or any installment of interest when due, shall at the option of
the holder of said note mature each and all of said monthly payments.")
It is hereby expressly agreed and understood that to secure the pay-
ment of said two promissory notes for the sum of dollars each, as
well as said sums of dollars mentioned, the said party of the first
part retains, and shall have a valid existing mechanic's, materialman's,
laborer's and contractor's liens, equities, securities and interest in and to
the above described real estate, dwelling-house to be erected thereon, and
the improvements now upon and to be placed upon said land, and it is
agreed and understood that said two promissory notes may be assigned,
and said assignee or purchaser shall have and be subrogated to all of
the rights and equities of the said party of the first part, to have and
to hold the same, together with all the rights and appurtenances to the
same belonging or in anywise incident or appertaining.
It is also further agreed and stipulated, that the parties of the second
part shall and will, at their own proper cost and expense, keep the prop-
erty and premises herein described, and upon which a lien is hereby
created in good repair and condition, and pay and discharge, as they
are or may become payable, all and every, all taxes due and to become
due thereon, and shall keep said property fully insured in some good and
responsible fire insurance company approved by the party of the first
part or his assignee or holder of said notes, to whom the loss, if any,
shall be payable, and by whom said policy or policies shall be kept.
And in case of default made by the said parties of the second part in
the performance of any of the foregoing stipulations, the same may be
performed by the said party of the first part, his assignee or holder of
said notes for account and at the expense of the said parties of the
TEXAS CIVIL FO«M BOOK. 389
second part and any and all expenses incurred and paid in so doing shall
be payable by said parties of the second part to the said payor thereof,
with interest at the rate of ten per cent from the date when the same
was incurred or paid, and shall stand secured and payable by and under
this contract in like manner with the other indebtedness herein men-
tioned.
In testimony whereof we have hereunto signed our names, this the
day of..' , A. D. 19..
[Acknowledgment same as given in deeds.]
When material is furnished, labor performed or repairs made upon a
homestead, if the owner thereof is a married man, then to fix and secure
the lien upon the same, it shall be necessary for the person or persons
who furnished the material or performed the labor, before such material
is furnished or labor is performed, to make and enter into a contract in
writing, setting forth the terms thereof, which shall be signed by the
owner and his wife, and privily acknowledged by her, as is required in
making sales of the homestead. And such contract shall be recorded in
the office of the county clerk in the county where such homestead is
situated, in a well bound book to be kept for that purpose; provided,
when such contract has been made and entered into by the husband and
wife and the contractor or builder, and the same has been recorded, as
heretofore provided, then the same shall inure to the benefit of any and
all persons who shall furnish material or labor thereon for such contract
(contractor) or builder.
R. S. Art. 3304.
No. 502.
MECHANIC'S LIEN NOTE.
, Texas, , A. D. 19.
On the .... day of , A. D. 19. ., we promise to pay to the order
of the sum of dollars, for value received, with in-
terest at the rate of .... per cent per annum from hereof until
paid. (If installment note, instead of above, say " On and before the
.... day of , A. D. 19. ., (due date of last installment) we prom-
ise to pay to the order of the sum of dollars, for
value received, with interest at the rate of .... per cent per annum from
the . . . day of A. D. 19. ., until paid. Said note clue and payable
in .... equal monthly installments of dollars each ; the first in-
stallment of dollars is due and payable on the .... day of ,
390 TEXAS CIVIL FORM BOOK.
A. D. 19. ., and the remaining .... monthly installments are due and
payable, each respectively, on the . ... . day of each consecutive month
thereafter until paid). Interest hereon due and payable annually (or
monthly), and defaulting interest to draw the same rate as principal.
Both principal and interest payable at , Texas. Failure to pay
this note (or any of said monthly installments, as the case may be), or
any installment of interest thereon when due, shall, at the option of the
holder, mature this note (or each and all of said monthly installments
herein, as the case may be) and all other notes given this day by
and wife to said -...., and the
holder hereof may in such event proceed to collect the same in the same
manner as if the full time provided in said notes (or note) had expired."
It is hereby expressly agreed and understood, that this note is given
in part payment for labor and material to be furnished and improve-
ments to be made upon the following described property situated in the
city of , in County, Texas, to wi< (here de-
scribe the property), under contract of even date herewith, between
, as party of the first part, and and wife
, as parties of the second part, and for the payment
hereof, together with all interest hereon, according to the tenor hereof,
a mechanic's, materialman's, laborer's and contractor's lien is retained
in said written contract and is hereby acknowledged. In case this note
is placed in the hands of an attorney for collection, or suit is brought on
same, we promise to pay ten per cent additional on the amount of prin-
cipal and interest then due as attorney's fees.
No. .
No. 503.
CONTRACT TO BUILD A HOUSE.
The State of Texas, County of
Know all men by these presents, that we, , party of the
first part, and and wife ; , parties of the
second part, all of County, Texas, have this day made and en-
tered into the following agreement and contract, to wit: Party of the
first part, for the consideration hereinafter mentioned, doth for himself,
his executors and administrators, covenant, promise and agree with the
parties of the second part that he will, within the space of .... months
from the date hereof, in a good and workmanlike manner and according
to the best of his art and skill, well and substantially erect, build and
finish a one-story frame shingle roof house on the following described
lot or tract of land situated in the city of , in County,
Texas, to wit (here describe the property), in such place as the
said parties of the second part shall direct, and compose the same with
TEXAS CIVIL FORM BOOK. 391
such stone, brick, timber and other material as the said parties of the
second part or their assigns shall find and provide for the same, accord-
ing to the plans and specifications, bearing even date herewith and
signed by the parties hereto, and made a part of this contract.
In consideration whereof the said parties of the second part, for them-
selves, their executors and administrators, agree, bind and obligate
themselves to pay to the said party of the first part, their executors, ad-
ministrators and assigns, the sum of dollars, in the manner fol-
lowing, viz: (here set out fully how said payments are to be
made). And the said parties of the second part (or party of the first
part, as the case may be) agree, at their own proper expense, and as the
same shall be needed, to find, provide and deliver on said premises all the
stone, brick, timber and other materials for the making and building of
said house.
And it is further agreed between the parties hereto, that the said
, party of the first part, shall have a valid existing
mechanic's and materialman's lien on the above descril>ed lot or tract
of land, the house and improvements now on and to be placed on said
property, to secure the payment of said sum (or several sums) of
money due the said in accordance with the terms of this
contract.
Witness our hands this . . dav of , A. D. 19 ..
[Acknowledgment same as given in deeds.]
No. 504.
CONTRACT FOR MAKING ADDITION TO A HOUSE.
The State of Texas, County of
Know all men by these presents, that we, , party of the
first part, and and wife • , all of
County, Texas, have this day made and entered into the following agree-
ment and contract, to wit: Party of the first part, for the consideration
hereinafter mentioned, doth for himself, his executors and administra-
tors, covenant, promise and agree with the said parties of the second
part, that he will, within the space of one month from the date hereof,
in a good and workmanlike manner, and according to the best of his art
and skill, substantially erect, build, set up and finish one house on the
premises of the said parties of the second part, situated in the city of
, in County, Texas, described as follows, to wit :
(here describe the land), of the following dimensions, to wit. : The house
to consist of two rooms, each 15 feet square, and a hall 6 feet wide; all
to be 10 feet high in the clear. A gallery in front, 8 feet wide, running
392 TEXAS CIVIL FORM BOOK.
the whole length of the house, with flat roof, covered with tin, with six
columns in front of suitable proportions. A gallery in the rear, 8 feet
wide and the length of the south room, with flat roof, covered with tin
and supported by three columns of suitable proportions. The building
herein stipulated to be erected to be connected in a suitable and substan-
tial manner with the building now on said premises, and in such a way
that there shall be no leakage; the old building to form an L with the
new building. The sills to be bedded on brick pillars, of sufficient
number, height and size. The sills to be 6x8 inches; sleepers, 2x12;
joists, 2x7; corner posts, 6x6; plates, 3x6; studs, 1^x6; rafters, I1/4x6;
floors to be bridged and flooring to be of good, clear plank, dressed,
tongued and grooved, and blind nailed; weather boarding of clear %
plank, dressed and jointed; galleries to be ceiled over head with batten
ceiling and plain ceiling on side ; main roof to be covered with 1x4 laths
and best quality of cypress sawed shingles. A brick chimney (or flues,
as the case may be) to each room, with a neat mantel, and baseboard
moulded on top. Each room to have .... windows, with box window
frames ; all the windows to be double hung with good cords, weights and
pulleys; the two front windows in each room to reach near the floor,
with blind heads. Two doors, to each room; frame 3x7 feet; doors to
be hung with wrought iron butts and with locks. The rooms to be
lathed and plastered on the sides and overhead and finished with hard
finish. The hall to have two doors, the front door with side and transom
lights; to be ceiled on the sides and overhead in panel; the front door
and all the windows to be "furnished with suitable blinds. Steps of suit-
able width from both galleries to the ground. All the lumber used to
be of the best quality of .... pine, and all of the other materials used
to be of the best quality. All of the brick, lumber and other materials
used in the construction of said ^building to be furnished by the said
party of the first part at his own cost and charges. In consideration of
the premises, said parties of the second part agree, bind and obligate
themselves to pay said party of the first part the sum of dollars,
in full payment for the work, labor and material used and expended in
the construction and completion of said building, payment to be made
as follows : On the purchase of the lumber and other material used in
the construction of said building, said parties of the second part agree
to pay the actual cost of the same at , Texas, with the freight
to the city of , Texas ; and on the completion of the brick work,
they agree to pay the actual cost of the same; after deducting the pay-
ments so made from the contract price, one-half of the sum remaining
due is to be paid when the weather boarding and roofing is completed,
and the balance of the contract price on completion of the building.
Witness our hands this .... day of , A. D. 19. .
[Acknowledgment same as given in deeds.]
TEXAS CIVIL FORM BOOK. 393
If it is intended to reserve the mechanic's lien, insert the following
clause: (And it is further agreed between the parties hereto, that the
said , party of the first part, shall have a valid existing
mechanic's and materialman's lien on the above described lot or tract
of land, the house and improvements now on and to be placed on said
property to secure the payment of said several sums of money due the
said in accordance with the terms of this contract.)
No. 505.
NOTICE TO THE OWNER OF THE BUILDING.
The State of Texas, County of To , of said
County :
You are hereby notified that is indebted to me in the
sum of dollars for work and labor performed (or material fur-
nished, as the case may be) on the building now being erected by him
for you in the city of , in said county and State, and that I
shall hold you responsible to me for the payment thereof until the same
be settled; a full and correct account whereof, properly attested, I shall
file for record after the expiration of ten days from the date hereof.
Witness my hand this .... day of , A. D. 19. .
Every person, except the original contractor or builder or those fur-
nishing material to the contractor, subcontractor, etc., under article
3296, who may wish to avail himself of the benefits of this law, shall
give at least ten days' notice in writing before the filing of the lien, to
the owner or owners, or agent, or either of them, that he holds a claim
against such house, building or improvement, setting forth the amount,
and from whom the same is due; and thereafter said owner or owners,
or agent, shall be authorized to retain in his hands the amount claimed
until the same is settled or determined not to be owing.
R. S. Art. 3305.
The ten days' notice before filing the lien in the office of the county
clerk is not required of the original contractor, or the person, firm or
corporation furnishing material to the contractor, subcontractor, agent
or receiver.
The notice of the materialmen under article 3296 should show each
and every item furnished, how much is due and unpaid on each bill of
lumber or material furnished under said contract.
Whenever any such account shall be placed in the hands of such owner
or his authorized agent, it shall be the duty of such owner or his agent
to furnish his contractor with a true copy of said attested account: and
394 TEXAS CIVIL FORM BOOK.
if said contractor shall not, within ten days after the receipt of said copy
of attested account, give the owner written notice that he intends to dis-
pute said claim, he shall be considered as assenting to the demand, which
shall be paid by the owner when it becomes due.
R. S. Art. 3307.
Lien Ceases, When. — The lien created by article 3315 shall cease to
be operative in twelve months after the creation of the lien, if no steps
be sooner taken to enforce it.
R. S. Art. 3315.
No. 506.
BOND OF INDEMNITY FROM CONTRACTOR TO OWNER.
The State of Texas, County of
Know all men by these presents, that, whereas, on the .... day of
, A. D. 19 . ., , as party of the first part, and
and wife , as parties of the second part, all
of County, Texas, did make and enter into a contract in writ-
ing, whereby the party of the first part, for and in consideration of the
sum of dollars, to be paid to him by the said parties of the second
part, according to the terms and conditions set forth in said contract,
agreed, bound and obligated himself to make, erect and build for said
parties of the second part a certain five-room shingle roof dwelling-
house on a certain lot or tract of land situated in the city of ,
in Count}7, Texas, more fully described in said contract to
which reference is hereby made, to complete and finish said building
and improvements in a good, substantial and workmanlike manner, by
the .... day of , A. D. 19. ., strictly according to the plans and
specifications attached to and made a part of said contract, marked
Exhibit "A." Xow therefore for the purpose of securing the said
and , their heirs or assigns, in the faithful
performance of all the covenants and obligations of the said
set forth in said written contract and herein contained, we, the said
as principal and and as sureties, acknowledge
ourselves indebted to and bound to pay unto the said and
, their heirs, executors, administrators or assigns, the
sum of dollars, at , Texas, as liquidated damages; for
the payment whereof well and truly to be made we bind ourselves, our
heirs, executors and administrators, jointly and severally, firmly by
these presents.
The conditions of this obligation, however, are such that if the said
shall well and truly do and perform all and every the
covenants and conditions as set forth in said contract and herein by him
TEXAS CIVIL FORM BOOK. 395
promised to be done, kept and performed, then in such event this obliga-
tion to become null and void and of no further force or effect, otherwise
to remain in full force and effect.
Witness our hands this .... day of , A. D. 19. .
No. 507.
CONVEYANCE OF MECHANIC'S LIEN.
The State of Texas, County of
Know all men by these presents, that, whereas, on the .... day of
, A. D. 19 . ., , of County, State of Texas,
made and entered into a written contract with and
, his wife, of said county and State, to build and erect a
one-story frame shingle roof house, of rooms, upon the following
described real estate in the city of , county of , State
of Texas, to wit (here describe the land).
And whereas, as part of the consideration on the part of said
to so erect said house and improvements, the said and
have executed their joint and several promissory note for
the sum of dollars, payable to the order of the said . ,
on the .... day of , A. D. 19. .; and,
Whereas, in said contract and in said note, a mechanic's, ma^erial-
man's, laborer's and contractor's lien is fixed and retained to secure the
payment of said note and other sums mentioned ; and whereas,
of County, State of Texas, has purchased said note above de-
scribed with all the mechanic's, materialman's, laborer's and contractor's
lien incident thereto as the same accrues :
Now therefore, in consideration of the sum of dollars in hand
paid to the said by , the receipt of which is
hereby acknowledged (or if the lien contract is taken up by individual
or corporation and money advanced as the improvements are being made,
the following clause can be used instead of above : " Now therefore in
consideration of the premises, the sum of one dollar in hand paid to the
said by the said , the receipt of which is
hereby acknowledged, and the further sum of dollars, to be paid
to the said by the said , as the erection of
said house and improvements progresses, and the said mechanic's, ma-
terialman's, laborer's, and contractor's lien accrues"), I, the said
, have this day bargained, sold, conveyed, assigned, trans-
ferred and delivered, and by these presents do bargain, sell, transfer,
assign and deliver unto the said of County, Texas,
the said above described note, for the sum of dollars.
396 TEXAS CIVIL FORM BOOK.
To have and to hold the same, together with all and singular the con-
tract lien, mechanic's, materialman's, laborer's and contractor's lien,
rights, equities, securities and interests in and to the above described
real estate, and the improvements now upon and to be placed upon said
real estate, which I have or may hereafter have by virtue of being payee
in said note and the contractor for the erection of the improvements
upon said real estate as shown by the written contract aforesaid, and I
hereby acknowledge the full payment and receipt of all indebtedness,
claims and liens against said described real estate and improvements
now on and to be placed thereon under and by virtue of said contract
over and above said note, and hereby bind myself that said note is a
first lien on said land, and that all credits to which said note is entitled
appear on the back thereof, and I hereby authorize the said
to release the mechanic's lien upon the payment of said note by duly
executed release.
Witness my hand this .... day of , A. D. 19 . .
[Acknowledgment same as given in deeds.]
PARTITION OF REAL ESTATE.
R. S. Arts. 3606-3625 (3465-3483).
No. 508.
PETITION FOR PARTITION OF REAL ESTATE.
The State of Texas, County of In District Court of
County, Texas, Term, A. D. 19 ..
To the District Court of said County:
Now comes , who resides in County, Texas,.
hereinafter called plaintiff, complaining of and >
who reside in the county of , in the State of Texas, hereinafter
called defendants ; and for cause of action, plaintiff represents to the
court that plaintiff and defendants are the joint owners in fee simple of
the following described land and premises situated in the county of
, in the State of Texas, to wit: ........ (here describe fully the
land and premises) ; that plaintiff is the .owner of one equal undivided
one-third (1-3) part of said land and premises, and that the defendants
and are each owners of an equal undivided
one-third (1-3) part of said land and premises.
That plaintiff and defendants are the sole owners of said land and
premises so far as known to this plaintiff, and the estimated value there-
of is dollars.
Wherefore plaintiff prays the court that defendants be cited to appear
and answer this petition, and that he have judgment for the partition
TEXAS CIVIL FORM BOOK. 397
and division of said land and premises; that commissioners be appointed
and a writ of partition issue, and for possession of that portion that by
judgment of the court may be ascertained and declared to be the prop-
erty of plaintiff, and for such other and further relief, special and gen-
eral, in law and in equity, that he may be justly entitled to, etc.
Attorney for Plaintiff.
R. S. Art. 3607 (3466).
Upon the filing of said partition, the clerk shall issue citation for
each of the defendants named therein, as in other cases, and such cita-
tions shall be served in the same manner and for the same length of time
provided for the service of citation in other cases.
R. S. Art. 3608 (3467).
If the plaintiff, his agent or attorney, at the commencement of the
suit, or during the progress thereof, for the partition of land, shall
make affidavit that an undivided portion of the land described in plain-
tiff's petition in said suit is owned by some person or persons unknown
to affiant, the clerk shall issue citation to the proper officer, which shall
contain a brief statement of the nature of the suit, etc., and the same
shall be published in some newspaper in the county where the writ
issued, for four successive weeks previous to the return day of such
process, etc.
R. S. Art. 3609.
No. 509.
DECREE OF PARTITION.
vs No In District Court of
County, Texas, Term, A. D. 19. .
On this the .... day of , A. D. 19. ., came on to be heard the
above entitled and numbered cause. Both plaintiff and defendant ap-
peared in person and by their attorneys and announced ready for trial,
and a jury being waived, all matters of fact as well as of law were sub-
mitted to the court. The court after hearing the pleadings, the evidence
and argument of counsel, is of the opinion and finds that plaintiff and
defendant are the sole owners of and are by law entitled to partition and
division, share and share alike, of said land and premises sought to be
divided, to wit: (here describe said land).
It is therefore ordered and decreed by the court that said above de-
scribed land and premises be and is hereby ordered and directed par-
titioned and distributed equally, share and share alike, between plaintiff
and defendant, to wit : to plaintiff, , one-half part or in-
terest, and to defendant, , one-half part or interest, in and
to said land and premises.
398 TEXAS CIVIL FORM BOOK.
It also appearing to the court that , . and
are residents of County, Texas, and competent
and disinterested persons, it is further ordered that they be and are
hereby appointed commissioners to make a fair, equal, just and impartial
partition of said land and premises above described, share and share alike,
between plaintiff and defendant in accordance with this decree and the
law, and when completed report the same in writing. and under oath to
the term, A. D. 19. ., of this court, describing the real estate
divided, giving the several tracts or parcels into which the same was
divided, describing particularly each of such tracts or parcels, the num-
ber of shares and the land which constitutes each share, and the esti-
mated value and allotment of each share, accompanied by such field
notes and maps as may be necessary to make the same intelligible. II'
in the opinion of said commissioners a fair and equitable division of
said real estate, or any part thereof, cannot be made, they shall report
the fact to this court in writing under oath, at this term, stating their
reasons for such opinion, for which writ of partition may issue.
R. S. Art. 3620 (3478). Arts. 3611 and 3621 amended by 29th Leg.. Reg. Ses.
(1905), p. 95.
No. 510.
WRIT OF PARTITION.
The State of Texas. To the Sheriff or any Constable of
County — Greeting :
You are commanded that you notify and and
that they have been duly appointed commissioners by the district court
of said county (with as surveyor, if surveyor is appointed),
to partition between . and , joint owners
thereof, a certain tract of land described in a decree rendered in said
court on the . . . day of , A. D. 19. ., a copy of which accompanies
this writ; and that they are hereby authorized and required, after being
duly. sworn and notifying the parties thereof, to enter upon said tract
of land with a surveyor and such other assistance as may be necessary
to aid them in the discharge of their duties, and then and there, after
viewing the same, to make a fair, equal, just, and impartial division of
said tract of land, according to said decree and the law, between the
said and , to the best of their knowledge and
skill. And their action in the premises, duly sworn to and subscribed,
they are required to return to said court at the present term thereof
(or on or before the first day of the next term thereof, to be commenced
on the first Monday in , A. D. 19. .)
TEXAS CIVIL FORM BOOK. 399
Herein fail not, but make due return of this writ, with your action
thereon, as the law directs.
Witness , Clerk of the District Court of said County,
and the seal of said court thereon impressed, this .... day of , A.
D. 19..
(Seal.)
Clerk of the District Court, County.
R. S. Art. 3612 (3470).
RETURNS ON SAID WRIT.
Came to hand on this the .... day of , A. D. 19 . ., at ....
o'clock . .m,, and executed on the .... day of , A. D. 19. ., at
.... o'clock . .m., by reading the within writ to each of the persons
named therein, to wit : , and ,
in person, at , in . ., County, Texas, and by delivering to
the said , in person, a certified copy of the decree of court
within mentioned. The distance actually traveled in the execution of
such process is .... miles.
Sheriff, County, Texas.
R. S. Art. 3613 (3471).
No. 511.
NOTICE TO PARTIES.
The State of Texas, County of To of said
County :
You are hereby notified that on the .... day of , A. D. 19. .,
we shall proceed to execute a writ of partition, lately issued from the
district court of said county, authorizing us to divide between you and
, as joint owners thereof, a certain tract of land lying in
said county, and known as the survey.
Witness our hands this . . dav of . , A. D. 19. .
Commissioners.
No. 512.
COMMISSIONERS' REPORT.
The State of Texas, County of To the Honorable District
Court of County, Texas, Term, A. D. 19 . .
In obedience to decree of partition and writ issued from said court,
requiring us to partition between the joint owners, . . . and
, certain land situated in County, Texas, to wit
(here describe said land).
400 TEXAS CIVIL FORM BOOK.
We, the undersigned commissioners, having notified the parties, pro-
ceeded on the .... day of , A. D. 19 . ., with , sur-
veyor (if surveyor was necessary), to execute said writ of partition as
therein required, and having found upon survey that said tract of land
contains .... acres, as appears hy annexed plat of survey ; and having
further found from the evidence before us, that tract No contains
.... acres and tract No contains .... acres, and are of equal
value, we have made an equal division of said land, as appears hy said
plat of survey; and according thereto have assigned tract No ,
valued at dollars, to , and said tract No.
. . . ., valued at dollars, to the said (if said land or any
part thereof is not susceptible of a fair and equitable division, the com-
missioners should so state and give their reasons, and make their re-
turns without dividing that part which is not susceptible of division);
which partition we judge to be fair and< equitable between said parties
and in proportion to the shares to which said parties are respectively
entitled. The services occupied days, during which time
was employed as surveyor.
Witness our hands this .... day of , A. D. 19. .
Subscribed and sworn to before me, under my official hand and seal,
this .... day of , A. D. 19..
(Seal.)
R. S. Art. 3620 (3478).
No. 513.
ORDER OF COURT APPROVING REPORT OF COMMISSIONERS.
vs No In District Court of
County, Texas, Term, A. D. 19 ..
On this the day of , A. D. 19. ., came on to be heard in
the above entitled and numbered cause, the report of said commissioners,
filed in this court on the day of , A. D. 19. ., appointed by
this court to partition and distribute said real estate described in said
report between and , made in obedience to
the order of this court, made on the ... day of , A. D. 19. . ; and
it appearing to the court, after having examined said report carefully
and having heard all exceptions and objections made thereto, and having
heard evidence in favor of and against the same, that said partition and
distribution has been fairly made according to law, and no valid excep-
tions having been taken thereto :
TEXAS CIVIL FORM BOOK. 401
It is therefore ordered by the court that the said report of partition
and division be and the same is here now in all respects approved and
confirmed by the court and ordered entered of record by the clerk of
this court.
It is further ordered by the court that the title shall be and is hereby
vested in each party to whom a share has been allotted to such share
or portion of said property as set apart to him by said commissioners
in said report as against the other party to this suit, his heirs, execu-
tors, administrators or assigns, <as fully and effectually as the deed of
such party could vest the same, and shall have the same force and effect
as a full warranty deed of conveyance from such other party. And it
is also ordered that said commissioners, ,
and , be allowed the sum of dollars each, to be
taxed as costs herein, and that plaintiff and defendant each pay one-half
the costs incurred herein, for which execution may issue.
R. S. Art. 3625 (3483).
Either party to the suit may file objections to any report of the com-
missioners in partition, and in such case a trial of the issues thereon
shall be had as in other cases, and if the report be found to be erroneous
in any material respect, or unequal and unjust, the same shall be re-
jected and other commissioners shall be appointed by the court and
the same proceedings had as in the first instance.
R. S. Art. 3622 (3480).
Should the commissioners report that a fair and equitable division of
said real estate, or any part thereof, cannot be made, if the court should
be satisfied that said report is correct, it shall order a sale of said
property incapable of partition, for cash, or upon such other terms as
it may direct. Said sale shall be made as under execution, and the
proceeds thereof shall be returned into court and partitioned by the
court between the persons entitled thereto, according to their interest
therein.
R. S. Art. 3621 (3479).
PARTNERSHIPS— LIMITED.
R. S. Art. 3583-3605 (3442-3464).
No. 514.
ARTICLES OF PARTNERSHIP.
The State of Texas, County of
Articles of agreement between and , of
said State and county, witnesseth: The said parties have agreed, and
by these presents do agree, to associate themselves as copartners in the
art and trade of buying and selling all sorts of wares, goods and mer-
Fonn Book — 26.
404 TEXAS CIVIL FORM BOOK.
No. 515.
ARTICLES OF LIMITED COPARTNERSHIP.
The State of Texas, County of
Articles of agreement between , of county of
, and State of Texas, of the first part, and , of
the county of , and State aforesaid, of the second part, and
• , of the county of , and State of Texas, of the
third part, witnesseth: The said parties have agreed and by these pres-
ents do agree to associate themselves in a limited partnership for carry-
ing on, in the city of , the trade, business and occupation of
' buying and selling , under the firm name of . . , the
said and being general partners, and the said
a special partner ; that the said partnership shall com-
mence at the date of these presents and terminate on the .... day of
, A. D. 19 . . ; that the said , as such special partner,
has contributed dollars in cash to the capital stock of said firm;
that the said has contributed, as a general partner, in cash,
the sum of dollars; and that the said , also as a gen-
eral partner, has contributed in cash the sum of dollars to the
capital stock of the said firm.
It is further agreed that the interest on the capital stock aforesaid of
the said , special partner, shall entitle him to .... per
cent of the yearly profits of the business of the said firm; that the in-
terest of the said . . . ., shall entitle him to .... per cent; and
that the interest of the said shall entitle him to .... per
cent of the yearly profits aforesaid. And it is mutually understood and
agreed by and between the parties to this agreement, that whatever por-
tion of the annual profits so apportioned to the respective parties shall
be allowed by either of the parties aforesaid to remain with said firm
for the use and benefit of all the parties to this agreement, such portion
of profits shall draw interest at the rate of .... per cent per annum,
which said interest shall be paid to the party so entitled thereto on the
.... day of , in each and every year during the term of this con-
tract. And it is hereby further agreed between the said parties in man-
ner following, that is to say : That the said and
(names of general partners should be given here) shall not, and will
not at any time hereafter during the continuance of said partnership,
exercise or follow the said trade or business, or any other, to their
private benefit or advantage, but shall and will, from time to time, and
at all times during the said term (if they shall so long live), use their
utmost endeavors, to the best of their skill and ability, to promote and
enhance the mutual interest of the parties hereto, with the capital stock
as aforesaid and its increase.
And further, it is agreed between the parties hereto that there shall
be kept, under the direction of the said several parties, during said term
of copartnership, true, just and accurate books of account, wherein shall
TEXAS CIVIL FORM BOOK. 405
be entered and set down as well all the money received and expended in
and about the said business, as also all commodities and merchandise
bought and sold by reason and on account of the said copartnership, and
all other matters and things in anywise belonging or appertaining
thereto, and that either of the parties to this agreement may at any
time have free access thereto.
And also that there shall be furnished, under the direction of the said
general partners, to each of the parties to this agreement, his executors
or administrators, on the . . . day of in each and every year during
the term of this agreement, a true and correct account of all profits and
increase made, and of all losses sustained, by said firm; and, at the
expiration of said term of .... years, there shall be furnished, under
the direction of the said general partners, their executors, administra-
tors or assigns, to each of the parties to this agreement, his executors,
administrators or assigns, a true and final account of all things per-
taining to the business of said copartnership as aforesaid; and upon the
making and rendering of said accounts, all and every the capital stock
remaining, as well as any gain and increase thereof which shall appear,
shall be apportioned and divided between the said copartners, and de-
livered to them severally, their executors, administrators or assigns, in
the proportion before named; that is te say, to the said ,
special partaer, .... per cent; to the said , general partner.
.... per cent, and to the said , general partner, ....
per cent.
Witness our hands this the .... day of , A. D. 19. .
Signed and delivered in the presence of
R. S. Art. 3584 (3443).
No. 516.
. CERTIFICATE OF LIMITED PARTNERSHIP.
The State of Texas, County of
This is to certify to. all to whom these presents shall come, that we,
whose names are hereunto subscribed, to wit, , of ,
county of ; , of , county of ,
both in the State of Texas; and , of , county of
, and State of Texas, have entered into a limited partnership
for the business of buying and selling at , in the State
and county first aforesaid, under and by virtue of the Revised Statutes,
Title LXXVI, relating to limited partnerships, upon the terms, con-
ditions and liabilities hereinafter set forth, to wit:
404 TEXAS CIVIL FORM BOOK.
No. 515.
ARTICLES OF LIMITED COPARTNERSHIP.
The State of Texas, County of
Articles of agreement between , of county of
, and State of Texas, of the first part, and , of
the county of , and State aforesaid, of the second part, and
• , of the county of , and State of Texas, of the
third part, witnesseth : The said parties have agreed and by these pres-
ents do agree to associate themselves in a limited partnership for carry-
ing on, in the city of , the trade, business and occupation of
' buying and selling , under the firm name of . , the
said and being general partners, and the said
a special partner ; that the said partnership shall com-
mence at the date of these presents and terminate on the .... day of
, A. D. 19 . . ; that the said , as such special partner,
has contributed dollars in cash to the capital stock of said firm ;
that the said has contributed, as a general partner, in cash,
the sum of dollars; and that the said , also as a gen-
eral partner, has contributed in cash the sum of dollars to the
capital stock of the said firm.
It is further agreed that the interest on the capital stock aforesaid of
the said , special partner, shall entitle him to .... per
cent of the yearly profits of the business of the said firm; that the in-
terest of the said . . . ., shall entitle him to .... per cent; and
that the interest of the said shall entitle him to .... per
cent of the yearly profits aforesaid. And it is mutually understood and
agreed by and between the parties to this agreement, that whatever por-
tion of the annual profits so apportioned to the respective parties shall
be allowed by either of the parties aforesaid to remain with said firm
for the use and benefit of all the parties to this agreement, such portion
of profits shall draw interest at the rate of .... per cent per annum,
which said interest shall be paid to the party so entitled thereto on the
.... day of , in each and every year during the term of this con-
tract. And it is hereby further agreed between the said parties in man-
ner following, that is to say: That the said and
(names of general partners should be given here) shall not, and will
not at any time hereafter during the continuance of said partnership,
exercise or follow the said trade or business, or any other, to their
private benefit or advantage, but shall and will, from time to time, and
at all times during the said term (if they shall so long live), use their
utmost endeavors, to the best of their skill and ability, to promote and
enhance the mutual interest of the parties hereto, with the capital stock
as aforesaid and its increase.
And further, it is agreed between the parties hereto that there shall
be kept, under the direction of the said several parties, during said term
of copartnership, true, just and accurate books of account, wherein shall
TEXAS CIVIL FORM BOOK. 405
be entered and set down as well all the money received and expended in
and about the said business, as also all commodities and merchandise
bought and sold by reason and on account of the said copartnership, and
all other matters and things in anywise belonging or appertaining
thereto, and that either of the parties to this agreement may at any
time have free access thereto.
And also that there shall be furnished, under the direction of the said
general partners, to each of the parties to this agreement, his executors
or administrators, on the . . . day of in each and every year during
the term of this agreement, a true and correct account of all profits and
increase made, and of all losses sustained, by said firm; and, at the
expiration of said term of .... years, -there shall be furnished, under
the direction of the said general partners, their executors, administra-
tors or assigns, to each of the parties to this agreement, his executors,
administrators or assigns, a true and final account of all things per-
taining to the business of said copartnership as aforesaid; and upon the
making and rendering of said accounts, all and every the capital stock
remaining, as well as any gain and increase thereof which shall appear,
shall be apportioned and divided between the said copartners, and de-
livered to them severally, their executors, administrators or assigns, in
the proportion before named; that is te say, to the said ,
special partner, .... per cent; to the said , general partner.
.... per cent, and to the said , general partner, ....
per cent.
Witness our hands this the .... day of , A. D. 19. .
Signed and delivered in the presence of
R. S. Art. 3584 (3443).
No. 516.
. CERTIFICATE OF LIMITED PARTNERSHIP.
The State of Texas, County of
This is to certify to. all to whom these presents shall come, that we,
whose names are hereunto subscribed, to wit, , of ,
county of ; , of , county of ,
both in the State of Texas; and , of , county of
, and State of Texas, have entered into a limited partnership
for the business of buying and selling at , in the State
and county first aforesaid, under and by virtue of the Revised Statutes,
Title LXXVI, relating to limited partnerships, upon the terms, con-
ditions and liabilities hereinafter set forth, to wit:
406 TEXAS CIVIL FORM BOOK.
1. The said partnership is to be conducted under the name, firm and
style of &
2. The general nature of the business intended to be transacted by
the said firm or partnership is the buying and selling of . .
3. The general partners in the said firm are , of
aforesaid, and , of aforesaid, both now
residents of said ; and the special partner is ,
residing in , county of . , aforesaid.
4. The said special partner has contributed to the common stock of
the said firm the sum of .dollars in cash, and actually paid in.
5. The said partnership to commence immediately at and after the
making of this certificate, and is to terminate on the .... day of ,
A. D. 19..
Made and severally signed by the said partners at the said city of
.. , the .... day of , A. D. 19. .
R. S. Art. 3586 (3445).
No. 517.
ACKNOWLEDGMENT OF ABOVE CERTIFICATE.
The State of Texas, County of
Before me, , a notary public in and for the county of
, and State of Texas, on this day personally appeared the
above named persons, , . . . and ,
each known to me to be the persons whose names are subscribed to the
above and foregoing instrument, and acknowledged to me that they each
executed and delivered the same for the . purposes and consideration
therein expressed.
Given under my hand and seal of office this .... day of ,
A. D. 19 ..
Notary Public in and for ........ County, Texas.
R. S. Art. 3587 (3446).
No. 518.
AFFIDAVIT OF ONE OF THE PARTNERS.
The State of Texas, County of ........
Before me, ............ , a notary public in and for the county of
........ , and State of Texas, personally appeared on this the .... day
Of ........ } A. D. 19. ., ........... , aforenamed, one of the general
partners in the firm of ............ & ............ , referred to in the
TEXAS CIVIL FORM BOOK. 407
preceding certificate, who, being duly sworn (or affirmed), did depose
and say that the sum specified in the said certificate to have been con-
tributed by the special partner therein named to the common stock,
to wit, dollars, by the said , has been so contributed,
and actually and in good faith paid in cash.
Sworn to and subscribed before me, under my official hand and seal,
this the day of , A. D. 19. .
(Seal.)
R. S. Art. 3589 (3448).
The original certificate, with the evidence of the acknowledgment and
the above affidavit, shall be filed in the office of the clerk of the county
court of the county in which the principal place of business of the part-
nership shall be situated, and shall be recorded by him at large in a
book to be kept for that purpose, open to public inspection.
R. S. Art. 3588 (3447).
No. 519.
ADVERTISEMENT OF LIMITED PARTNERSHIP.
We, the subscribers, have this day entered a limited partnership
agreeably to the provision of the Revised Statutes, Title LXXVI, relat-
ing to limited partnership, and do hereby certify that the name of the
iirm under which said partnership is to be conducted is
& ; that the general nature of the business to be trans-
acted is the buying and selling of , and the same will be trans-
acted in the city of ; that the names of the general partners of
the said firm are , of , county of , and
, of , county of , both in the State of
Texas; and the special partner is , of , county of
, and State of Texas ; that the capital contributed by the said
, special partner, is dollars in cash ; that the period
&t which said partnership is to commence is the .... day of ,
A. D. 19. ., and that it will terminate on the .... day of ,
A. D. 19 ..
General Partners.
Special Partner.
The partners shall publish the above terms of the partnership when
registered, for at least six weeks immediately after such registry, in
such newspaper as shall be designated by the clerk in whose office such
registry shall be made.
R. S/Art. 3591 (3450).
408 TEXAS CIVIL FORM BOOK.
No. 520.
AFFIDAVIT OF PUBLICATION TO BE FILED WITH THE CLERK.
The State of Texas, County of
Before me, , a notary public in and for the county of
, and State of Texas, personally appeared, on this the ....
day of ....... A. D. 19. ., , publisher of the ,
who, being duly sworn (or affirmed), did depose and say that the pre-
ceding advertisement of the terms of limited partnership between the
persons therein named had been published in the , a newspaper
published in said county, for the term of six weeks next and imme-
diately after the registry of the certificate.
Sworn to and subscribed before me, under my official hand and seal,
this the day of ... .*. ., A. D. 19. .
(Seal.)
R. S. Art. 3592 (3451).
The above affidavit made by the publisher of the newspaper in which
said notice is published, filed with the clerk directing the same, shall be
evidence of the facts therein contained.
No. 521.
AGREEMENT TO CONTINUE PARTNERSHIP BY INDORSEMENT.
Whereas the partnership evidenced by the within written articles has
this day expired by the limitation contained herein (or will expire on the
.... day of , A. D. 19. . ), it is hereby agreed that the same shall
continue upon the same terms, and with all the provisions and restric-
tions herein contained, for the further term of years from this
date (or from the .... day of , A. D. 19. . ).
In witness whereof we have hereunto set our hands this the .... day
of . , A. D. 19..
R. S. Art. 3593 (3452).
Every renewal or continuance of such partnership beyond the time
originally fixed for its duration shall be certified, acknowledged and
recorded, and an affidavit of a general partner be made and filed, and
notice given in the manner herein required for its original formation,
and every such partnership which shall be otherwise renewed or con-
tinued shall be deemed a general partnership.
TEXAS CIVIL FORM BOOK. 409
No. 522.
ASSIGNMENT OF PARTNERSHIP PROPERTY AND DEBTS BY ONE PART-
NER TO ANOTHER IN TRUST TO CLOSE THE CONCERN.
The State of Texas, County of
Whereas, a copartnership has heretofore existed between
and , both of the city of , which copartnership
has been known under the name of , and which it is the
intention of the said copartners forthwith to dissolve and determine:
J^ow this agreement by and between the said of the one
part, and the said of the other part, witnesseth :
First. That the copartnership aforesaid is hereby, by the mutual con-
sent of the said parties, dissolved and determined.
Second. The said doth hereby sell, transfer, assign and
set over unto the said his moiety of all the stock in trade,
goods, merchandise, effects and property of every description belonging
to or owned by the said copartnership, wherever the same may be,
together with all debts, choses in action, and sums of money due and
owing to the said firm from any and all persons whomsoever, to hold
the same to the said and his assigns forever in trust for
the following purposes, namely : that the said shall sell
and dispose of all the goods, property and effects belonging to the said
firm at such time and in such manner as he shall think prudent, and
shall, with reasonable diligence, collect all the debts and sums of money
due and owing to the said firm; and shall, out of the proceeds of the
said sales, and with the money thus collected, pay and discharge all the
debts and sums of money now due and owing from the said firm, as far
as the proceeds of said sales and the said sums of money collected will
go; and, after fully satisfying all demands against the said firm, if
there be any surplus, shall pay over one moiety thereof to the said
or his assigns.
Third. The said both hereby constitute and appoint the
t,:i!d his attorney irrevocable, in his, the said . '.s
own name, or in the name of the said firm, to demand, collect, sue for
and receive any and all debts and sums of money due and owing to the
said firm; to institute and prosecute any suits for the recovery of the
said debts, or to compound the same as he may judge most expedient;
to defend any and all suits against the said firm; to execute all such
paper writings and acquittances as may be necessary; and generally to
do all such acts and things as may be necessary or proper for the full
and complete settlement of all business and concerns of the said part-
nership.
Fourth. The said , for himself and his heirs, executors
and administrators, hereby covenants to and with the said
and his assigns that he will sell and dispose of the partnership property
and effects to the best advantage; that he will use his best diligence and
endeavors to collect all debts and sums of money due and owing to the
410 TEXAS CIVIL FORM BOOK.
said firm; and that he will truly and faithfully apply the proceeds of
said sale and the moneys collected to the payment, discharge and satis-
faction of all debts and demands against the said firm, as far as the
same will go; and, after discharging all such debts, will pay over to the
said , or his assigns, one moiety of any surplus that may
remain; and further, that he will keep full and accurate accounts of all
moneys received by him for goods sold or debts collected, as well as of
moneys paid out, and will render a just, true and full account therefor
to the said
Fifth. The said , for himself, etc., covenants to and
with the said , etc., that upon settlement of accounts, if it
shall be found that the debts due and owing from the said firm exceed
the amount of moneys received from the sale of the said goods and the
debts collected, he will pay unto the said , or his assigns,
one moiety of any balance that may then be due and owing from the
said firm.
Witness our hands this the .... day of , A. D. 19. .
R. S. Art. 3601 (3460).
No. 523.
DISSOLUTION OF PARTNERSHIP.
The State of Texas, County of
Whereas, by agreement made the .... day of , A. D. 19. .,
and , of , county of , and
State of Texas, did enter into copartnership for the purpose of carrying
on the business of merchandising for the term of years;
And whereas the said , wishing to discontinue and de-
cline the said joint partnership so entered into, he, the said ,
hath proposed to his said partner, , a dissolution, to
which proposition the said hath assented.
The parties therefore mutually consent and agree, by these presents,
that the said partnership heretofore existing between them be this day
dissolved. And it is further stipulated and agreed mutually, between
them that do take the entire stock of goods and mer-
chandise now on hand and belonging to the partnership, at a valuation
to be set upon the same by three competent and disinterested persons
appointed to value the same, each of the said parties appointing the
one, and the two so appointed to appoint a third ; and that he also have
power to collect the debts now due to the partnership, and to receive
all or any part of the same, in the name of the firm, by suits at law or
otherwise ; and that, finally, the said do pay over to the
TEXAS CIVIL FORM BOOK. 411
said , or his legal representatives, the full share and profits
which shall appear to be due to the said in months
after the date hereof.
Witness our hands this the .... day of , A. D. 19. .
Witnesses.
R. S. Art. 3605 (3464).
No. 524.
DISSOLUTION OF PARTNERSHIP BY INDORSEMENT.
We, the undersigned, do mutually agree that the partnership formed
between us by the within articles be and the same is hereby dissolved,
except for the purpose of the final liquidation and settlement of the
business thereof, .and upon such settlement wholly to cease and de-
termine.
Witness our hands this the .... day of , A. D. 19 . .
Witnesses.
No. 525.
PUBLIC NOTICE OF DISSOLUTION.
Notice is hereby given that the partnership lately subsisting between
and . : . , of , county of , and
State of Texas, under the firm name of " & ,"
was dissolved by mutual consent (or as the case is), on the .... day of
, A. D. 19. . (or expired on the .... day of , A. D. 19. .).
All debts owing to the said partnership are to be received by the said
, and all demands on the said partnership are to be pre-
sented to him for payment (or "either partner is allowed to use the
name of the firm in liquidation of all debts due to and from the part-
nership ").
, A. D. 19..
R. S. Art. 3605 (3464).
412 TEXAS CIVIL FORM BOOK.
No. 526.
PUBLIC NOTICE OF DISSOLUTION, WITH CONTINUANCE.
Xotice is hereby given that the partnership between ,
and was dissolved on the .... day of ,
A. D. 19. . All debts due to the said partnership are to be paid, and
those due from the same discharged at street, in the city of
, where the business^ will be continued by the said
and , under the firm name of " " (or here
change the same to suit the circumstances of the case).
, A. D. 19..
No. 527.
AGREEMENT OF ONE PARTNER TO RELINQUISH HIS INTEREST TO
ANOTHER.
This agreement, made between , of the one part, and
and , of tbe other part, all of , in
the county of , and State of Texas, witnesseth : That whereas
the said parties have heretofore dealt together as copartners, and by
their joint trading many goods, wares and debts are due unto them,
wherein each of them hath an interest, and likewise the said parties are
themselves indebted to divers other persons concerning and by reason of
such joint trading : Xow, the said , in consideration of the
sum of dollars, paid by the said & ,
the receipt whereof is hereby acknowledged, doth consent to disconnect
himself from the said joint trading and copartnership with the said
and , and .doth hereby release, grant, assign
and transfer unto the said and all the right,
property and interest whatsoever, which he, the said , hath,
or should have, in and to all and singular the goods, wares, merchandise
and debts mentioned in and by the balance of an account hereto
annexed.
And the said , for himself, doth covenant with the said
. . . and that the said account is just and true,
and that he, the said , hath not received or discharged, and
that he will not receive or discharge, any of the goods or debts men-
tioned in the said account, or do any act to hinder the said
and from receiving the same ; but will permit the said
and to recover and receive the same to their
own use, without any account therefor to be rendered to the said
, and that the said , upon request, will do
any reasonable act which may be necessary or convenient to assist the
said . . and . . to recover and receive the same.
TEXAS CIVIL FORM BOOK. 413
And the said and , for themselves, do
covenant that they will at all times hereafter pay and satisfy all the
creditors to whom the said standeth chargeable or indebted
for and concerning all the affairs and dealings of the above mentioned
firm, and will at all times hereafter indemnify and save harmless the
said . . ., his heirs, executors and administrators, from all the
debts and liabilities, and each and every one of them, of the said firm.
Witness our hands this the . .* dav of . , A. D. 19. .
R. S. Art. 3594 (3453).
PAWNBROKERS.
R. S. Arts. 3(i3(>-3652 (3494-3510).
No. 528.
PAWNBROKER'S BOND.
The State of Texas, County of
Know all men by these present?, that we, as principal,
»nd and , as sureties, are held and firmly
bound unto the State of Texas, in the sum of one thousand dollars, for
the payment of which we hereby bind ourselves and our heirs, executors
and administrators, jointly and severally, by these presents.
Signed with our hands and dated this .... day of , A. D. 19. .
The condition of the above obligation is such that, whereas
•of said county designs following the business of a pawnbroker in the
city of , in said county, for the term of twelve months next
ensuing from the date hereof : Now therefore if the said
shall faithfully comply with each and every requirement of the law
governing such business, then this obligation to be null and void, other-
wise to remain in full force and effect.
In testimony whereof witness onr hands.
Principal.
Approved. Sureties.
Clerk of County Court County.
R. S. Art. 3637 (3495).
Said bond must be filed in the county clerk's office and renewed every
twelve months, if the business is continued.
414 TEXAS CIVIL FORM BOOK.
Each pawnbroker shall keep a well bound book, in which he shall
register all his transactions as a broker at the time the same occurs.
Such register shall show:
1. The article of property received, giving an accurate description of
the same.
2. From whom received.
3. The time and amount for which the article is pawned.
4. The probable value of the articte.
5. The rate of interest agreed upon.
6. The final disposition made of such property, and if sold, to whom
sold and the amount for which each article was sold.
R. S. Art. 3639 (3497).
Such book shall be kept open for inspection, and the broker shall give
to the party pledging, a ticket corresponding to the entry on the book
of registry.
R. S. Art. 3640 (3498).
If said property is not redeemed pt or before the time agreed upon,,
the broker is authorized to sell the same, at public auction, to the highest
bidder for cash, at his usual place of business, after giving at least five
days' written notice of such sale, by posting up the same at three public-
places in the county, one of which shall be at the courthouse -thereof .
R. S. Art. 3643 (3501).
No. 529.
NOTICE OF PAWNBROKER'S SALE.
The State of Texas, County of
Will be sold at public auction to the highest bidder for cash, at my
place of business No , street, in the city of , in
County, Texas, on the first (day of the week) in
next, the same being the .... day of , A. D. 19 . . , the fol-
lowing described personal property, to wit (here give an accu-
rate description of the article or articles), heretofore pawned with me
by ;...., as security for the payment of a certain sum of money
by him to me due and owing and now past due.
Witness my hand this .... day of , A. D. 19. .
R. S. Art. 3043 (3501).
A copy of said notice shall be filed in the office of the clerk of the-
county court of the county where such sale is made.
All sales made by a pawnbroker shall be made between the hours of
10 o'clock a. m. and 4 o'clock p. m., and no sales shall be made upon
Sunday or upon a legal holiday.
R. S. Art. 3644 (3502).
TEXAS CIVIL FORM BOOK. 415
No. 530.
REPORT OF SALE.
The State of Texas, County of To the Clerk of the County
Court of said County:
The undersigned, a pawnbroker doing business in , in said
county of , respectfully represents, that after giving five days'
notice by posting the same at three public places in said county, one of
which was at the courthouse thereof, he exposed to sale between the
legal hours thereof, at public auction, on the .... day ^of , A.
D. 19. ., at his place of business iii , in said county, the
following described property, to wit (here accurately describe
said article or articles) heretofore deposited with him by ,
and knocked off said to , at and for the sum of
dollars, he being the highest and best bidder therefor; that the
sum of money loaned by him to the said , for the security
of which, he, the said , deposited said , is
dollars, for the use of which the said ( promised to pay the
undersigned dollars, together with the principal sum of
dollars, on the .... day of , A. D. 19. . ; that the advertising cost
him dollars and the commission for auctioning off the same is
dollars, amounting in the aggregate to dollars, leaving
dollars surplus due the said
Before me, the undersigned authority, on this day in person came
, whose name is subscribed to the above and foregoing
report, who being duly sworn says that the same as stated is true and
correct.
Sworn to and subscribed before me, this . . . day of , A. D. 19. .
R. S. Art. 3645 (3503).
No. 531.
DEPOSITOR'S RECEIPT.
Received of , a pawnbroker, doing business in ,
in said county of , the sum of dollars, surplus of the
proceeds of the sale of (here describe the property pawned),
heretofore, to wit, on the .... day of , A. D. 19. ., by me de-
posited with him, the said , for securing the payment of
dollars borrowed money due the .... day of , A. D. 19 . . ;
said sum of dollars being the amount remaining after deducting
416 TEXAS CIVIL FORM BOOK.
from the proceeds of said sale, the principal sum, interest thereon ac-
crued, and the expenses incurred. This .... day of , A. D. 19 . .
R. S. Art. 3647 (3505).
The depositor should make demand for the surplus, if any, within
thirty days after such sale, and if no such demand be made, such surplus
shall become the property of the county where such sale is made.
At the expiration of thirty days after such sale, the surplus of the
proceeds of said sale made by the broker shall be paid by him to the
county treasure? of said county, or the broker shall file with such treas-
urer the receipt of the owner or depositor of the property sold.
R. S. Art. 3648 (3506).
No. 532.
COUNTY TREASURER'S RECEIPT.
lieceived of , a pawnbroker doing business in ,
in said county of , dollars, it being the surplus of the
sale of one (here describe the property pawned), deposited
with him by for securing the payment of money loaned,
a report of which sale is on file in the county clerk's office of this counry.
This the . . day of . , A. D. 19..
County Treasurer, County, Texns.
PENSIONS— STATE.
No. 533.
[Form No. 1. Amended Oct. 1, 1902.) .
APPLICATION OF INDIGENT SOLDIER OR SAILOR OF THE LATE CON-
FEDERACY FOR PENSION UNDER THE ACT OF MAY 12, 1899.
Chapter CVIII, Sections 1-14, 26th Leg. (1899), p. 182.
Note. — The law provides that pensions can begin only on the first day of
April and October of each year.
The State of Texas, County of To the Honorable County
Judge of County, Texas :
Your petitioner, , respectfully represents that he is a
resident citizen of County, in the State of Texas, and that he
makes this application for the purpose of obtaining a pension under the
act passed by the Twenty-sixth Legislature of the State of Texas, and
approved May 12, A. D. 1899, the same being an act entitled "An act
to carry into effect the amendment to the Constitution of the State of
Texas, providing that aid may be granted to disabled and dependent
TEXAS CIVIL FORM BOOK. 117
Confederate soldiers, sailors, and their widows under certain conditions,
and to make an appropriation therefor," and I do solemnly swear that
the answers I have given to the following questions are true.
[Note. — Applicant must make answer to all of the following questions,
and such answers must be written out plainly in ink.]
Q. What is your name ? Answer
Q. What is your age ? Answer
Q. In what county do you reside ? Answer
Q. How long have you resided in said county and what is your post-
office address ? Answer
Q. Have you applied for a pension under the Confederate pension
law heretofore, and been rejected? If so, state when and where.
Answer
Q. What is your occupation if able to engage in one? Answer
Q. What is your physical condition ? Answer
Q. If your physical condition is such that you are unable by your
own labor to earn a support, state what caused such disability. Answer
Q. In what State was your command originally organized? Answer
Q. How long did you serve? Give date of enlistment and discharge.
Answer
Q. What was the name or letter of your company and name or num-
ber of your regiment ? Answer
Q. State whether you served in the infantry, artillery, cavalry, or
the navy ? Answer
Q. State whether or not you have received any pension or veteran
donation land certificate under any previous law, and if you answer in
the affirmative, state what pension or veteran donation land certificate
you have received. Answer
Q. What real and personal property do you now own, and what is
the present value of such property? Give list of such property and
value. Answer
Q. What property, and what was the value thereof, have you sold or
conveyed within two years prior to the date of this application? Answer
Q. What estate has your wife in her own right, real and personal,
and what is its value ? Answer
Q. What income, if any, do you receive ? Answer
Q. Are you in indigent circumstances; that is, are you in actual
want, and destitute of property and means of subsistence? Answer
Q. Are you unable by your labor to earn a support ? Answer
Q. Have you transferred to others any property of value of any kind
for the purpose of becoming a beneficiary under this law? Answer.
"Form Book — 27.
418 TEXAS CIVIL FORM BOOK.
Q. Did you ever desert the Confederacy? Answer
Q. Have you been continuously, since the first day of January, 1880,
a bona fide resident citizen of this State ? Answer
Q. If you originally enlisted in the Confederate service from the
State of Texas, were you at the date of the passage of this act a bona fide
resident citizen of the State of Texas? Answer
Wherefore your petitioner prays that his application for pension be
approved and that such other proceedings be had in the premises as are
required by law.
(Signature of Applicant)
Sworn to and subscribed before me, this . . . day of , A. D. 19. .
(Seal.)
County Judge, County, Texas.
AFFIDAVIT OF WITNESSES.
[Note. — There must be at least two credible witnesses.]
The State of Texas, County of
Before me, , county judge of County, State
of Texas, on this day personally appeared and ,
who are personally known to me to be credible citizens, who being by
me duly sworn on oath, state that they personally know ,
the above named applicant for a pension, and that they personally know
that the said is unable to support himself by labor of
any sort. (Signature of Witness)
(Signature of Witness)
Sworn to and subscribed before me, this .... day of , A. D. 19. .
(Seal.)
County Judge, County, Texas.
AFFIDAVIT OF PHYSICIAN.
The State of Texas, County of :
Before me, , county judge of County, State
of Texas, on this day personally appeared , who is a repu-
table practicing physician of this county, who, being by me duly sworn,
on oath, states that he has carefully and thoroughly examined . ,
applicant for a pension, and finds him laboring under the following
disabilities which render him unable to labor at any work or calling
sufficient to earn a support for himself
(Signature of Physician)
Sworn to and subscribed before me, this .... day of , 19 ..
County Judge, County, State of Texas.
TEXAS CIVIL FORM BOOK. 4X0
CERTIFICATE OF COUNTY JUDGE.
The State of Texas, County of
I, , county judge of County, State of Texas,
do hereby certify that on the .... day of , A. D. 19. ., before me
came on to be heard the application of for a pension under
the Confederate pension law of this State, approved May 12, 1899; that
the answers of said applicant to the questions propounded were made
under oath as the same appear in writing in the foregoing application,
(hat the affidavits of the witnesses, who are credible citizens, were made
before me as the same hereinbefore appear, and that the foregoing
affidavit of Doctor . . . *. , who is a reputable practicing
physician of this county, was made before me. I also certify that the
said applicant, , is not an inmate of the Texas Confederate
Home, nor otherwise disqualified under the provision of section 12 of the
Confederate pension law. I further certify that after considering all
the proceedings had before me relative to the said application for a pen-
sion by the said , I find the said applicant is lawfully
entitled to the pension provided by the Confederate pension law of thi*
State, and I hereby approve said application.
Witness my hand and seal of office at , this .... day of
, A. D. 19..
(Seal.)
County Judge, County, State of Texas.
CERTIFICATE OF COUNTY COMMISSIONERS.
The State of Texas, County of
We, the undersigned members of the commissioners' court of
County, Texas, hereby certify that the foregoing application of
for a pension, together with the proof in support thereof, was duly sub-
mitted by Hon , county judge of this County,
to the commissioners' court of this County, at a regular term
thereof on the .... day of , A. D. 19. ., and after a careful con-
sideration of the same we find the said applicant is lawfully entitled to
the pension provided for by the Confederate pension law of this State,
and we hereby approve said application.
Witness our hands and seal of office at , this .... day of
, A. D. 19..
(Seal.)
(Signature of Commissioners.)
420 TEXAS CIVIL FORM BOOK.
No. 534.
(Form No. 2.)
APPLICATION OF INDIGENT WIDOW OF SOLDIER OR SAILOR OF THE
CONFEDERACY FOR PENSION UNDER THE ACT OF MAY 12, 1899.
Tne State of Texas, County of To the Honorable County
Ju'.lge of County, Texas:
Your petitioner, Mrs , respectfully represents that she
is a resident citizen of County, in the State of Texas; that bhe
is tlie widow of , deceased, who was a Confederate soldier
(or sailor), and that she makes this application for the purpose of
obtaining a pension as the widow of said , deceased, under
the act passed by the Twenty-sixth Legislature of the State of Texas,
and approved May 12, A. D. 1899, the same being an act entitled " An
'act to carry into eifect the amendment to the Constitution of the State
of Texas, providing that aid may be granted to disabled and dependent
Confederate soldiers, sailors and their widows under certain conditions,
and to make an appropriation therefor," and I do solemnly swear that
the answers I have given to the following questions are true.
[Note. — Applicant must make answers to all of the following ques-
tions, and such answers must be written out plainly in ink.]
Q. What is your name? Answer ........
Q. What is your age? Answer
Q. In what county do you reside? Answer
Q. How long have you resided in said county and what is your post-
office address? Answer
Q. Have you applied for a pension under the Confederate pension
law heretofore, and been rejected? If so, state when and where.
Answer
Q. What is your occupation if able to engage in one? Answer
Q. What is your physical condition ? Answer
Q. What was the name of your deceased husband? Answer
Q. Were you married to him anterior to March 1, 1866? If so, on
what date were you married to him and where ? Answer
Q. What was the date of his death ? Answer
Q. Are you unmarried, and have you so remained unmarried since
the death of your said husband for whose services you claim a pension?
Answer
Q. State in what company and regiment your deceased husband, for
whose services you claim a pension, enlisted in the Confederate army,
and the time of his service therein ? Answer
Q. If your deceased husband served in the Confederate navy, state
when and where, and the time of such service. Answer
Q. State whether or not you have received any pension or veteran
donation and certificate under any previous law, and if you answer in
the affirmative, state what pension or veteran donation land certificate
you have so received. Answer ........
TEXAS CIVIL FORM BOOK. 421
Q. What real and personal property do you now own, and what is
the present value of such property? Give list of such property and
value. Answer
Q. What property, and what was the value thereof, have you sold
or conveyed within two years prior to the date of this application?
Answer
Q. What income, if any, do you receive? Answer
Q. Are you in indigent circumstances; that is, are you in actual
want, and destitute of property and means of subsistence? Answer
Q. Are you unable by your labor to earn a support? Answer
Q. Have you transferred to others any property of value of any kind
for the purpose of becoming a beneficiary under this law? Answer
Q. Did your deceased husband, for whose services you claim a pension,
ever desert the Confederacy ? Answer
Q. Have you been continuously since the first day of January, 1880,
a bona fide resident citizen of this State? Answer
Wherefore your petitioner prays that her application for pension be
approved and that such other proceedings be had in the premises as
are required by law.
(Signature of Applicant)
Sworn to and subscribed before me, this . . . day of , A. D. 19. .
County Judge, County, Texas.
AFFIDAVIT OF WITNESSES.
[Note. — There must be at least two credible witnesses.]
The State of Texas, County of
Before me, , county judge of County, State
of Texas, on this day personally appeared and ,
who are personally known to me to be credible citizens, who, being by
me duly sworn, on oath, state that they personally know that Mrs.
, applicant for a pension as the widow of ,
deceased, is in truth and fact the widow of the said , de-
ceased ; that they personally know that the said Mrs ,
widow of the said , deceased, is unable to support herself
by labor of any sort.
(Signature of Witness)
(Signature of Witness)
(Signature of Witness)
(Signature of Witness)
Sworn to and subscribed before me, this . . . day of , A. D. 19 . .
(Seal.)
County Judge, County, Texas.
•122 TEXAS CIVIL FORM BOOK.
CERTIFICATE OF COUNTY JUDGE.
The State of Texas, County of :
I, , county judge of County, State of Texas,
do hereby certify that on the .... day of , A. D. 19 . ., before me
came on to be heard the application of Mrs , widow of
I . . , deceased, a pension under the Confederate pension
law of this State, approved May 12, A. D. 1899; that the answers of
said applicant to the questions propounded were made under oath as
the same appear in writing in the foregoing application; that the
affidavits of the witnesses, who are credible citizens, were made before
me as the same hereinbefore appear. I also certify that the said ap-
plicant . is not disqualified under any of the provisions of
section 12 of the Confederate pension law. I further certify that after
considering all of the proceedings had before me relative to the said ap-
plication for a pension by the said Mrs as widow of
, deceased, I find the said applicant is lawfulty entitled to
the pension provided for by the Confederate pension law of this State,
and I hereby approve said application.
Witness my hand and seal of office at , this .... day of
, A. D. 19..
(Seal.)
County Judge, County, Texas.
CERTIFICATE OF COUNTY COMMISSIONERS.
The State of Texas, County of
We, the undersigned members of the commissioners'1 court of
County, Texas, hereby certify that the foregoing application of Mrs.
, widow of , deceased, for a pension, together
with the proof in support thereof, was duly submitted by Hon.
, County Judge of this County, to the commis-
sioners' court of this County, at a regular term thereof on the
.... day of , A. D. 19. ., and after a careful consideration of the
same we find the said applicant is lawfully entitled to the pension pro-
vided for by the Confederate pension law of this State, and we hereby
approve said application.
Witness our hands and seal of office at , this .... day of
, A. D. 19..
(Seal.)
(Signatures of Commissioners.)
TEXAS CIVIL FORM; BOOK.
INDORSEMENT ON SAID APPLICATION NO. 2 FOB COMPTROLLER'S
USE EXCLUSIVELY.
Form No. 2. — Confederate Pension Application. — Name of applicant,
, County. Postoffice, Comptroller's
file, No
I have carefully examined the within application for pension, together
with the proof in support thereof, and I recommend that the application
be , this .... day of , A. D. 19 . .
Pension Clerk.
I hereby the within application for pension, this .... day
of , A. D. 19..
Comptroller.
No application rejected by county judge or county commissioners
should be forwarded to Comptroller.
POLL TAX.
No. 535.
POLL TAX RECEIPT.
The State of Texas, County of No Poll Tax Eeceipts
for for A. D. 19..
Received of on the .... day of , A. D. 19. ., the
sum of dollars, in payment of poll tax for the year A. D. 19 ..
The said , being duly sworn by me, says that he is ....
years old ; that he resides in voting precinct No. ... in County ;
that his race is : that he has resided in Texas years,
and in County years; that he is by occupation .........
(If an incorporated city or town a blank must be provided for the ward,
street and number of residence, and the length of time he has resided
in such city or town.) All of which I certify
(Seal.) (Signed)
Tax Collector, County, Texas.
See Election Bill passed by the 28th Leg., Reg. Ses., (1903).
424 TEXAS CIVIL FORM BOOK.
No. 536.
CERTIFICATE OF EXEMPTION FROM POLL TAX.
State of Texas, County of Xo
1, , tax collector for County, Texas, do hereby
certify that personally appeared before me on the ....
day of , A. D. 19.., and, being sworn, says his name is
; that his occupation is ; that he has resided in
Texas for years; in County for , and in the city
of for ; that he now resides in precinct Xo. . . , in
ward Xo , on street, and in house Xo ; that he is
exempt from the payment of a poll tax by reason of ; that he is
a qualified voter under the Constitution and laws of Texas.
(Seal.) (Signed)
Tax Collector, County, Texas.
See Election Bill 28th Leg., Reg. Ses. (1903).
This law applies to a voter -who resides in a city of 10,000 inhabitants
or more, and must be obtained before the first day of February of the
year in which he offers to vote.
POWERS OF ATTORNEY.
No. 537.
POWER OF ATTORNEY TO SUE FOR AND SELL LAND.
The State of Texas, County of
Know all men by these presents, that I, , of the county
of ........ and State of Texas, have made, constituted and appointed,
and by these presents do make, constitute and appoint ,
of the county of and State of Texas, my true, sufficient and
lawful attorney, for me and in my name, place and stead, to enter upon
the following tract of land, situated in County, Texas, to wit :
(here describe the land) and to demand possession of the
»ame, and, if necessary, to institute such suit or suits, as to my said
attorney shall seem proper, for the recovery of the possession of said
land, and to employ counsel to prosecute or assist in prosecuting the
same, and also my attorney in fact, for me and in my name, to bargain
grant, sell, and convey to any person or persons, and for any sum of
money, or other consideration as to him may seem most to my advantage,
said above described tract of land; to receive the consideration for which
said land may be sold and for the same to execute in my name proper
receipts and acquittances, and to make and execute to the purchaser or
purchasers thereof such deed or deeds or assurance of titles to said tract
of land, with such covenants and warranties as to my said attorney may
seem proper, giving and granting unto my said attorney full power and
authority to do and perform all and every act and thing whatsoever,
TEXAS CIVIL FORM Boo^. 425
requisite and necessary to be done in and about the premises, as fully,
to all intents and purposes, as I might or could do if personally present,
with full power of substitution and revocation, hereby ratifying and
confirming all that my said attorney or his substitute shall lawfully do
or cause to be done in the premises by virtue hereof.
Witness my hand this .... day of , A. D. 19 . .
Signed and delivered in the presence of
[Form of acknowledgment same as in deeds.]
No. 538.
POWER OF ATTORNEY TO TRANSFER STOCK.
The State of Texas, County of
Know all men by these presents, that I, , of said
county and State, do hereby constitute and appoint of
said county of , State of Texas, my lawful attorney, with
authority for me and in my name and stead to sell, transfer and assign
all the stock of the , standing in my name on the books of
said company, and to give such assurance of titles therefor as may be
necessary to vest the same in the purchaser or purchasers thereof, and
to do such other things as may be required to effect the premises; hereby
ratifying and confirming all that my said attorney shall lawfully do by
virtue of these presents.
Witness my hand this .... day of , A. D. 19. .
The stock of any corporation created under title 21 shall be deemed
personal estate; and shall be transferable only on the bodies of the cor-
poration in such manner as the by-laws may prescribe.
R. S. Art. 666 (590).
Any of the following clauses can be inserted in Form No. 537 after
the words, " in my name, place and stead," in conformity with the
power to be conferred:
To collect debts, etc. : To ask, demand, recover and receive all and any
sum or sums of money, debts, dues, property or effects, due, payable or
belonging, or which may at any time hereafter be due, payable and be-
longing, to me from any person or persons whatsoever, and to execute
all necessary receipts, releases and discharges therefor; giving and
granting unto my said attorney full power and authority to do and per-
form all and every act and thing whatsoever requisite and necessary to
be done in and about the premises, as fully to all intents and purposes
as I might or could do if personally present.
426 TEXAS CIVIL FORM BOOK.
To settle a partnership: To settle and adjust all partnership de-
mands, accounts and claims now existing between myself and
and to submit the same to and decide them by arbitration, and in all
matters appertaining to the settlement and adjustment of the affairs
of* said partnership, in all respects to do and act as by him shall be
deemed best; giving and granting unto my said attorney full power
and authority to do and perform all and every act and thing whatsoever
requisite and necessary to be done in and about the premises, as fully to
all intents and purposes as I might or could do if personally present.
No. 539.
POWER OF ATTORNEY AND TRANSFER OF WAGES.
The State of Texas, County of
Know all men by these presents, that I, , of the State
and county aforesaid, for and in consideration of the sum of
dollars, to me paid by , the receipt of which is hereby
acknowledged and confessed, have granted, sold and assigned, and do
hereby grant, sell and assign to of County, Texas,
my account, claim and demand against , for my wages for
personal service rendered as at , in the month of
, , A. D. 19..
And I hereby authorize said to receive said wages and
receipt for same in my name, and I also authorize and direct the said
to pay the same and to deliver my check therefor to said
as their own property. And said shall and
are fully authorized to indorse my check in my name for the purpose of
realizing the money thereon.
Witness my hand this .... day of , A. D. 19 ..
Witnesses :
[Acknowledgment same as given in deeds.]
No. 540.
POWER TO VOTE BY PROXY.
The State of Texas, County of
Know all men by these presents, that I, , of said county
and State, do hereby constitute and appoint , of the city
of , my agent and attorney for me, and in my name, place and
TEXAS CIVIL FORM BOOK.
stead to vote as my proxy at any election for , held, etc., accord-
ing to the number of votes I should be entitled to if there personally
present.
Witness my hand this .... day of , A. D. 19. .
No. 541.
APPOINTMENT OF ATTORNEY BY SUBSTITUTION.
The State of Texas, County of
Know all men by these presents, that whereas, by a power of attorney,
dated oti the .... day of , A. D. 19. ., hereto annexed (or re-
corded in book . . . ., on page . . . ., county clerk's office of
County, Texas), did authorize, constitute and appoint
to (here state the authority granted by said power of at-
torney) :
Now therefore by virtue of the power and authority to me given by
the before recited power of attorney, I, the said , do
by these presents, make, appoint and substitute to be the
true and lawful attorney of the said , the constituent
named in the aforenamed power of attorney, to do, execute and perform
all such acts, deeds, matters and things as shall be necessary to be done
in order to effect the purposes and objects in said power of attorney
contained, as fully and as effectually, to all intents and purposes, as I
myself might or could do by virtue of the power and authority afore-
said, if myself personally present, hereby ratifying and confirming
whatsoever my said substitute may lawfully do by virtue hereof.
Witness my hand this .... day of , A. D. 19. .
Signed and delivered in the presence of
Witnesses.
[Form of acknowledgment same as given in deeds.]
No. 542.
CONTRACT WITH ATTORNEY WITH ASSIGNMENT OF INTEREST IN
CLAIM.
The State of Texas, County of
Know all men by these presents, that I, , of
County, Texas, have employed , of said county and State,
as my attorney to represent me and prosecute to settlement or judgment
a certain claim I have and hold against the , for personal
428 TEXAS CIVIL FORM BOOK.
injuries received by me on the .... day of , A. D. 19. ., by
(here state the nature of the injury, etc.). I hereby fully authorize and
empower my said attorney to bring suit on said claim, if necessary, and
to prosecute fhe same to final judgment, and to compromise and settle-
said claim with or without suit, in any way or manner that he may
deem best or advisable, and to sign my name to any and all papers that
may be necessary to be executed for the purpose of settling and coin-
promising said claim. For and in consideration of the services ren-
dered for me by my said attorney, , and the further
services to be rendered herein by him for me, I hereby agree and obligate
myself to give and allow him, as his compensation herein, of
all that he may recover herein, whether in money or kind, by suit, com-
promise or otherwise, and I hereby sell, transfer, assign and convey to
my said attorney, , a undivided interest in and
to my said claim against said , whether the same is settled
with or without suit, and to any judgment or judgments that I may
obtain or that may be rendered in my favor against the said
on said claim in this suit or in any other suit or suits that may here-
after be brought on said claim, to have and to hold the same as his own
property unconditionally. I do hereby specially authorize my said
attorney to release the said . ., in my name, and to fully dis-
charge from further liability, upon receipt of the amount
of money he and the said may agree upon, and to do any
and all such other things in the premises that I might lawfully do, or
that may become necessary to adjust or settle said claim. And I hereby
ratify and confirm all such lawful acts that my said attorney may do or
cause to be done in the premises by virtue hereof.
Witness my hand this the .... day of , A. D. 19. .
[Acknowledgment same as given in deed.]
R. S. Art. 4647.
f
If suit is brought said contract should be filed among the papers in
said cause, and the clerk shall make a minute of such transfer on the
court trial docket where the suit is entered, giving briefly the substance
thereof. In the sale of a judgment or any part thereof, the clerk shall
make a minute of such transfer on the margin of the minute book of
said court where said judgment is recorded.
R. S. Art. 4647.
R. S. Art. 3353a, 1895. Railway Co. v. Miller, 53 S. W. R. 709; 60 S. W.
R. 259.
TEXAS CIVIL FORM BOOK. -129
No. 543.
REVOCATION OF POWER OF ATTORNEY.
The State of Texas, County of
Know all men by these presents, that I, , have revoked,
and by these presents do revoke, recall and make void, a certain power of
attorney, bearing date on the .... day of , A. D. 19. ., executed
by me, and appointing my attorney, in my name and for
my use to (here give the power set forth in the power of attorney;.
Witness my hand this the .... day of , A. D. 19. .
Signed and delivered in the presence of
Witnesses.
[Acknowledgment same as given in deeds.]
PROMISSORY NOTES, ORDERS, ETC.
No. 544.
PROMISSORY NOTE.
$ , Texas, , 19. .
On the .... day of , A. D. 19. ., I (or we, as the case may be)
promise to pay to the order of , dollars at the office
of , , County, Texas, with interest at
the rate of .... per cent per annum from date, together with ten per
cent for collection fees, if suit is brought on this note, or if it is placed
in the hands of an attorney for collection or collected through the
probate court. Interest payable annually, and defaulting interest to
draw the same fate of interest as principal. Value received.
P. 0.
Xo.
If note is secured by lien on personal property, then add to above note :
" This note is secured by a lien on the following described personal prop-
erty, situated in County, Texas, to wit " (here describe
the property). If separate instrument is executed, then state, " This
note is secured by a mortgage lien in writing this day executed and
delivered by the said to , on the following
described personal property, situated in County, Texas, to wit '*
(here describe the property).
430 TEXAS CIVIL FORM BOOK.
The mortgage lien note or mortgage should be filed with the county
clerk of the county where said property is situated in order to protect the
holder of said note against an innocent purchaser.
R. S. Arts. 3328, 4051 (1895), amended by 26th Leg., Reg. Sea. (1897), p. 209.
No. 545.
VENDOR'S LIEN NOTE.
$ , Texas, , 19..
On , 19 . ., promise to pay to the order of
the sum of .... dollars, for value received, with interest
at the rate of .... per cent per annum from hereof until paid.
Interest hereon payable annually, and defaulting interest to draw the
same rate of interest as principal. Both principal and interest payable
at
Failure to pay this note or any installment of interest thereon when
due shall, at the option of the holder, mature this note and all other
notes given this day by to said in payment
for the property hereinafter mentioned, and hereof may the holder in
such event proceed to collect the same in the same manner as if the full
time provided in said notes had expired.
This note is given in part payment of the purchase money for (here
describe the property ), this day deeded to '. by
by deed in writing bearing even date herewith and for the
payment hereof, together with all interest hereon, according to the tenor
and reading hereof, a vendor's lien is hereby acknowledged, and to
further secure and enforce the payment hereof, .... have this day exe-
cuted a deed of trust upon the premises herein and in said deed
described. In case this note is placed in the hands of an attorney for
collection .... promise to pay ten per cent additional on the amount of
principal and interest then due as attorney's fees.
No. 546.
DEED OF TRUST LIEN NOTE.
, Texas, , 19.
On the .... day of , A. I). 19. ., I (or we) promise to pay to
the order of the sum of dollars, for value received,
with interest at the rate of .... per cent per annum from hereof
TEXAS CIVIL FORM BOOK. 431
until paid. Interest hereon payable annually, and defaulting interest
to draw the same rate of interest as principal. Both principal and in-
terest payable at , Texas.
Failure to pay this note or any installment of interest thereon when
due shall, at the option of the holder, mature this note and all other
notes given this day by to said secured by a
deed of trust on the property hereinafter mentioned, and hereof may the
holder in such event proceed to collect the same in the same manner as
if the full time provided in said notes had expired.
This note is secured by a deed of trust on the following described
property (here describe the property), this day executed and
delivered by to , as trustee, for the use and
benefit of to secure and enforce the payment of this note
and all other notes this day executed and in said deed of trust mentioned
and described. In case this note is placed in the hands of an attorney
for collection I promise to pay .... per cent additional on the amount of
principal and interest then due as attorney's fees.
No. 547.
DUE BILL.
Due , or bearer, the sum of dollars, for value
received, with interest thereon at the rate of .... per cent pr annum.
, , A. D. 19..
No. 548.
ORDER FOR MONEY.
, Texas, , A. D. 19..
will please pay on demand to or order, the
gum of dollars, and charge the same to my account.
No. 549.
RECEIPT OF INTEREST TO BE INDORSED ON NOTE.
Received of , dollars, the annual interest due on
the within note for the year from , A. D. 19. ., to ,
A. D. 19.. This , A. D. 19..
432 TEXAS CIVIL FORM BOOK.
No. 550.
CHECK ON BANK.
Bank : , Texas, A. D. 19 ,
Pay to or bearer (or order), dollars.
No. 551.
CUSTOMER'S DRAFT.
Bank: , Texas, ,19.. No
: Pay to the order of ($ )
dollars, with exchange, and charge the account of
To .
No. 552.
PROTEST OF PROMISSORY NOTE FOR NONPAYMENT.
(Here insert copy of note with name of indorser.)
The State of Texas, County of
Be it remembered that I, , a notary public in and for
said county and State, having my office at , Texas, this day at
the request of , the holder of a certain promissory note, a
true copy whereof is hereto attached, presented said note during the
usual hours for such business to , the payer (or person in
attendance), at the place of business (or residence, if there be no place
of business), of , and demanded payment for the same, to
which he answered (here state the answer), and failed to pay the same.
Whereupon I, , the said notary public, at the request of
the said , as aforesaid, do hereby solemnly protest against
the maker of said note, the indorser and all others therein concerned for
the debt and interest and for all exchanges incident hereto, and for all
costs and damages, which are now, or may hereafter be, incurred or sus-
tained by reason^ of the nonpayment of said note, whereof I have duly
notified , indorser of said note, on the day and date hereof,
by depositing a notice of the same in the postoffice in , in said
county, duly stamped and directed to the said indorser at the city of
, in said State, his place of residence.
TEXAS CIVIL FORM BOOK. 133
To all of which I hereby certify, under my hand and seal of office, at
my office, in , in said county, this the .... day of ,
A. D. 19..
(Seal.)
Notary Public, County, Texa«.
K. S. Arts. 315-316 (273-274).
NOTICE OF PROTEST TO INDORSER.
, Texas, , 19. .
To , , Texas:
Please take notice, that a promissory note executed by ,
in favor of , for the sum of .... dollars, dated , A. D.
19. ., indorsed by , due and payable on the .... day of
, A. D. 19. ., at , Texas, was this day protested by me,
after due demand, for nonpayment, and the holder thereof will look to
you for payment of the same, of which you hereby have notice.
Given under my hand and notarial seal, at my office in the city of
, Texas, on the day and date above written.
Notary Public, County, Texas.
NOTICE OF PROTEST FOR XONACCEPTANCE.
The State of Texas, County of
, Texas, day of , A. D. 19 . .
To , , Texas:
This is to notify you that a draft dated the .... day of , A. D
19.., drawn by , for the sum of dollars, payable
after date to order of , indorsed by (here name
indorsers), being duly presented for acceptance, and refused, has been by
me duly protested for nonacceptance, and at the request of ,
the holder thereof, I hereby notify you by (here state manner of notice)
that you will be held for payment of same, together with all exchange,
re-exchange, costs, charges, damages and interest.
Notary Public, County, Texa?.
Form Book — 28.
434 TEXAS CIVIL FORM BOOK.
PUBLIC ROADS.
No. 553.
PETITION FOR LAYING OUT A PUBLIC ROAD.
The State of Texas, County of To the Honorable Commis-
missioners' Court of said County :
The undersigned freeholders in precinct No , in said county, rep-
resent that for the convenience of themselves and of the public generally
they desire a new public road to be opened, beginning at and
terminating at
Wherefore they pray for the appointment of a jury of view to lay out
and mark said road, and that the same be opened and established as a
public road. This .... day of , A. D. 19 . .
And others.
All applications for a new road, and all applications to discontinue
an existing one, shall be by petition to the commissioners' court, signed
by at least eight freeholders in the precinct or precincts in which such
road is desired to be made or discontinued, specifying in such petition
the beginning and termination of such road proposed to be opened or
discontinued; provided, that where one or more persons live within an
inclosure, either or all of them may petition the commissioners' court
for a third-class road or neighborhood road to their nearest trading
points, mills, gins, school and church houses and county seats.
R. S. 1895, Art. 4687.
No. 554.
NOTICE OF APPLICATION.
The State of Texas, County of
Notice is hereby given that application will be made to the commis-
sioners' court of said county at its next term, to be holden at the court-
house thereof on the .... day of , A. D. 19. ., for the view and
establishment of a new road beginning at and terminating at
Dated the .... day of , A. D. 19 . .
For himself and seven others.
Said notice must be signed by the persons making application for said
road, or by some one of them, and must be posted at the courthouse door
and at two other public places in the vicinity of the route of the pro-
posed new road, for at least twenty days before the commencement of
the term of court at which the application will be acted on.
R. S. 1895, Art. 4686 (4365).
TEXAS CIVIL FORM BooS. 435
No. 555.
ORDER FOR APPOINTMENT OF A JURY OF VIEW.
On this the .... day of , A. D. 19. ., came on to be heard the
application of and seven others, freeholders of road pre-
cinct No , for a new road beginning at and terminating
at , and it appearing that notice of said application has been
given as required by law, it is ordered that (here name five
persons freeholders of the county) be and are hereby appointed a jury
of view, a majority of whom may proceed, with the county surveyor, to
lay out, survey and describe said road, to the greatest advantage to the
public, and so that the same can be traced with certainty, and make
report of their proceedings to the next term of this court, including in
said report the field notes of said survey and description of said road.
R. S. Art. 4688 (4367).
No. 556.
OATH OF JUROR.
I, , do solemnly swear that I will lay out the road now
directed to be laid out by the order to us directed from the commission-
ers' court, according to law, without favor or affection, malice or hatred,
to the best of my skill and knowledge, so help me God.
Sworn to and subscribed before me, this the .... dav of
A. D. 19..
R. S. Art. 4689 (4368).
No. 557.
NOTICE TO LANDOWNERS.
To , and , residing in the
County of :
You are hereby notified that the undersigned jury of freeholders,
acting under and by virtue of an order of the commissioners' court of
County, will on the .... day of , A. D. 19. ., proceed
to lay out and survey a road commencing at and terminating
at , in said county, and which may run through certain lands
owned by you, and will at the same time assess the damages incidental
436 TEXAS CIVIL FORM BOOK.
to the opening of said road, when you may present to us a statement in
writing of the damages, if any, claimed by you.
Witness our hands this .... day of , A. D. 19 . .
R. S. Art. 4691.
•-*-
No. 558.
OFFICER'S RETURN.
Came to hand on the .... day of , A. D. 19 . ., at .... o'clock
. . m., and executed on the same day, by delivering in person to the
within named , and , at
, in County, Texas, each a true copy of the within
notice. The distance actually traveled in the execution of such process
is . . miles.
RETURN WHEN SERVICE IS MADE BY PUBLICATION ON A NONRESIDENT.
Came to hand on the .... day of , A. D. 19. ., at . . . . o'clock
. . in., and executed by publication of the same in the ,
a newspaper published at , in said county of (or a
newspaper published in the county of , being the nearest county
in the judicial district in which a newspaper is published, there
being no newspaper published in the said county of ), for four
successive weeks, said publication being made on the . . . . , . . . . , ....
and .... days of , A. D. 19 . . , and a printed copy of said publica-
tion accompanies this return. The distance actually traveled in the
execution of such process is .... miles.
R. S. Art. 4691.
No. 559.
REPORT OF JURY OF VIEW.
To the Honorable Commissioners' Court of County :
The undersigned jurors, acting under the order of this court made
on the .... day of , A. D. 19. ., and after being duly sworn, did,
on the .... day of , A. D. 19. ., together with ,
Bounty surveyor, proceed to lay out and survey a road, beginning at
and terminating at ; and at the same time proceeded
to assess the damages incidental to the opening of said road, after having
TEXAS CIVIL FORM BOOK. 437
given notice in writing to the landowners through whose land said road
runs, said notice and the return of service thereof being herewith re-
turned as a part of this report.
The field notes of said survey and description of said road are as
follows (here set out same in full)..
And , and , owners of land
through which said road runs, having presented to us statements of the
damages claimed by them respectively, which are returned with this
report, we assessed their damages as follows (here state the
amount of damages assessed to each). All of which is respectfully sub-
mitted for the further orders of this court.
R. S. Art. 4690 (4369).
Said jurors shall make their report in writing to the next regular
term of the commissioners' court. If notice is given by publication, the
road may be established after four weeks' publication.
R. S. Art. 4691.
No. 560.
CONSENT OF LANDOWNERS.
The State of Texas, County of
We, the undersigned owners of the land through which the proposed
road, as set forth in the within report, will run, hereby consent that the
same shall be opened as therein laid out, and we hereby waive all right*
we may have under the Constitution and laws of the State.
Given under our hands this .... day of , A. D. 19 . .
Witnesses :
No. 561.
ORDER ESTABLISHING A ROAD.
On this the day of , A. D. 19. ., came on to be hean
the report of the jury of view appointed to lay out and survey a roat
beginning at and terminating at , it is ordered
that the same be approved ; that said road is hereby established, and the
field notes of said survey and description of said road be recorded in the
minutes of this court.
438 TEXAS CIVIL FORM BOOK.
, It is further ordered that there be allowed and paid as damages, and
as adequate compensation for the land taken for said road, the amount
of money as follows : To , $......; to ,
$ And that said sums be paid to said parties respectively or be
deposited to their credit with the county treasurer of this county.
• It is further ordered that said said new road be and is hereby classified
as a road of the class ; that so much of said new road as lies
within road precinct No shall constitute a part of said precinct,
and that the overseers of roads .within said precincts cause said new
road, so far as the same is within their respective precincts, to be opened
.and worked.
R. S. Art. 4693 (4372).
If the owner or owners of said land are not satisfied with the assess-
ment of damages by the commissioners' court, he or they may appeal
therefrom as in cases of appeal from judgment of justice's court, but
such appeal shall not prevent the road from being opened, but shall be
only to fix the amount of damages.
When juries of view are appointed it shall be the duty of the clerk of
the court to make out copies of the order appointing them in duplicate,
and to deliver such copies to the sheriff of the county within ten days
after such order of appointment was made, indorsing on such copies the
date of such order.
R. S. Art. 4697 (4376).
Service shall be made by the sheriff by delivering to each of said
jurors in person a copy of said order, or by leaving one of said copies at
the usual place of abode of such juror.
R. S. Art. 4698 (4377).
Appellate jurisdiction from county commissioners' courts in assess-
ment of damages in laying out public roads:
An appeal from damages assessed by the commissioners' court in
laying out a public road from the county seat as provided for in the
Revised Statutes of 1895, article 4674, is made to the district court.
The party appealing shall give a bond in a sufficient amount to cover
all costs.
R. S. Art. 4677.
Appeal from the assessment of damages by the commissioners' court in
laying out county roads under Act of February 5, 1884, articles 4687
and 4693 (4372), shall be made to the county court as in cases of appeal
from judgment of justice's court, but such appeal shall not prevent the
road from being opened, but shall be only to fix the amount of damages.
The owner of any land may, at the time stated in the notice given him
by the jury of freeholders as provided in article 4691, or previously
thereto, present to the jury a statement in writing of the damages
claimed by him, if any, incidental to the opening of such road. If no
claim of damages is filed with such jury after such notice as provided
for in said article the same shall be considered as waived.
TEXAS CIVIL FORM BOOK. 439
No. 562.
OVERSEER'S APPOINTMENT.
The State of Texas, County of Commissioners' Court of said
County, Term, A. D. 19. .
To , of Road Precinct No , in said County :
It appearing to the court that you are subject to road duty in your
*aid precinct, the boundaries whereof are as follows, to wit
(here give the boundaries) : You are therefore for the term of one year
from the .... day of , A. D. 19 . ., duly appointed by the court
overseer of said precinct, and hereby required under the penalty of the
law to keep the roads therein in good and passable condition during
the term of your said appointment ; and to enable you to discharge your
said duties the following hands, to wit, , ,
etc., to you have been assigned and made subject to your commands as
overseer aforesaid, whose disobedience thereto you are required to report
to the county attorney, and also a true report to make as required by law
to said court, at the regular term thereof to be held in next.
I, , . , clerk of the county court of said county, hereby
certify that the foregoing is a true copy of the original order as it
appears in the minutes of said court.
Given under my hand and the seal of said court hereon impressed at
office in , said county, this .... day of , A. D. 19 . .
(Seal.)
Clerk County Court, County.
R. S. Arts. 4717-4720.
The clerk of said court shall make out copies of said orders appointing
overseers of roads in duplicate, and deliver the same to the sheriff of the
county within ten days after any such order shall have been made, in-
dorsing on such copies the date of the orders of appointment. The sheriff
shall, within twenty days after the reception of said copies, deliver to
or leave at the usual place of abode of such overseer one of such copies,
and shalj return the duplicate of such copy to the clerk of the county
court, indorsing thereon the date and manner of service, and if not
served, the cause of his failure to serve the same.
R. S. Art. 4722 (4397).
No. 563.
NOTICE TO ROAD HANDS.
The State of Texas, County of To , of Road
Precinct No County :
You are hereby required to be and appear at in said pre-
cinct, by . . o'clock a. m., on the .... day of , A. D. 19 . .,
440 TEXAS CIVIL FORM BOOK.
with an ax, pick, hoe or spade, then and there to enter ifpon the per-
formance of your duty as road hand of said precinct, and the same to
continue from day to day for successive days, if required.
This .... day of /A. D. 19 . .
Overseer.
R. S. Art. 4740 (4415).
No. 564.
OVERSEER'S RECEIPT.
The State of Texas, County of
Eeceipt of , dollars, in satisfaction for
days' work, to wit (here give the days of the month), dayt
of , A. D. 19. ., required of him in road precinct No
of said county. This .... day of , A. D. 19 . .
Overseer.
No. 565.
OVERSEER'S REPORT TO THE COURT.
The State of Texas, County Commissioners' Court of
County, Term, A. D. 19 . .
To the Honorable County Judge and Commissioners of said County :
, overseer of road precinct Xo in said county, re-
spectfully reports that the roads in said precinct are now in good and
passable condition, with mile posts on them property erected, and index
boards arranged as the law directs; and he further reports that the
number of hands in said precinct, subject to road duty, is ,
whose names are as follows, to wit (here state the names) ;
and he further reports that he has caused his said road to be worked
days during the preceding year, and that he has received from
the following road hands, in lieu of work, dollars, to wit
(here give the names and the amount received from each) ; that he has
paid dollars, for the following purposes, to wit : to ,
for , used for ; that he has . dollars of said
sum yet in his hands to pay over to the court.
Witness my hand this .... day of , A. D. 19. .
Overseer.
Sworn to and subscribed before me, this the .... day of ,
A. D. 19 .
R. S. Art. 4752 (4427).
TEXAS CIVIL FORM BOOK. 441
RELEASES.
No. 566.
RELEASE OF VENDOR'S LIEN.
The State of Texas, County of
Whereas, on the .... day of , A. D. 19 . ., did
execute and deliver to , a certain deed of conveyance, wherein
the parfy first named did convey to the party last named, the following
described tract. . or parcel. . of land, to wit . (here describe the
land).
And whereas, as a part consideration for said land, the said
did execute and deliver to the said two certain promissory
notes for $ each, bearing even date with said deed, and payable
to , or order, due on the .... day of , A. D. 19 . .,
and 19.., each respectively fully described in said deed, recorded in
volume . . . . , page . . . . , Record of Deedr, of County, Texas,
hereto referred to for further description, and a vendor's lien was ex-
pressly retained in such deed to secure the payment of said promissory
notes.
And whereas, said promissory notes have been fully paid off and
discharged, both principal and interest, and at the time of their payment
said notes were the property of the undersigned:
Now therefore know all men by these presents, that I, ,
of the county of , and State of Texas, for and in consideration
of the premises and the full and final payment of said notes, having
remised, released, quitclaimed, discharged and acquitted, and by these
presents do remise, release, quitclaim, discharge and acquit unto the
said ., his heirs and assigns, the vendor's lien heretofore
existing upon the land and premises aforesaid.
"Witness my hand this the .... day of , A. D. 19. .
Attest:
[Acknowledgment same as deeds.]
Lien is barred in ten years after maturity of debt. 29th Leg. (1905), p. 334.
No. 567.
RELEASE OF MORTGAGE OR DEED OF TRUST.
The State of Texas, County of
Whereas, on the .... day of , A. D. 19. ., , of
the county of , State of , did execute, acknowledge
and deliver to , of the county of , State of Texas,
442 TEXAS CIVIL FORM BOOK.
a certain deed of trust on the following described real estate, situate,
lying and being in the county of , in said State of Texas, to
wit: (here describe the property), to secure the prompt pay-
ment of two certain promissory notes executed by the said
and payable to the order of , as follows:
One note for dollars, due .... day of , A. D. 19 . ., and
one note for the sum of dollars, due .... day of , A. P.
19. ., and bearing interest from date at the rate of ten per cent per
annum;
And whereas, said notes with accrued interest thereon have been fully
paid to , the legal and equitable holder and owner of such
notes :
Now therefore know all men by these presents, that I, ,
joined herein by , trustee, at my request, of
County, Statte of Texas, in consideration of the premises and of the full
and final payment of said notes, the receipt of which is hereby acknowl-
edged, have this day, and do by these presents, release, discharge and
quitclaim unto the said . , his heirs or assigns, all the right,
title, interest and estate in and to the property above described, which
we have or may be entitled to by virtue of said deed of trust, and do
hereby declare the same fully released and discharged from any and all
liens created by virtue of said notes and deed of trust above mentioned.
Witness our hands this .... day of , A. D. 19. .
Witnesses :
[Form of acknowledgment same as given in deeds.]
Lien barred in ten years. 29th Leg. (1905), p. 334.
No. 568.
RELEASE OF JUDGMENT LIEN.
The State of Texas, County of
Whereas, on the .... day of , A. D. 19 . ., plaintiff, ,
recovered judgment against in justice court, precinct No.
.... (or county or district court, as the case may be), in
County, Texas, before , a justice of the peace, in cause No
.... on the docket of said court, in book ...... on page . . . ., for the sum
of dollars, with interest thereon at the rate of .... per cent per
annum, together with all costs therein, and wherein abstract of said
judgment was made and filed with the county clerk of ........ County,
TEXAS CIVIL FORM BOOK. 443
Texas, for record and recorded in the judgment records thereof in book
, on page
And whereas, said judgment and interest, together with all costs
thereon, was, on the .... day of , A. D. 19. ., paid and satisfied
in full to plaintiff, , and said judgment, interest and costs
have been fully paid and satisfied: Now therefore know all men by
these presents, that I, , of County, Texas, the legal
holder and owner of said judgment, in consideration of the premise?
and of the full payment of said judgment, interest and costs, the receipt
of which is hereby acknowledged, have this day, and do by these presents,
cancel, release and discharge unto the said , his heirs or
assigns, all the right, title, interest and estate in and to said judgment
and judgment lien, which I have or may have therein, and do hereby
declare said judgment fully paid off and satisfied and said judgment
lien fully released and discharged to all intents and purposes.
Witness my hand this the .... day of , A. D. 19 . .
R. S. Art. 3291 (3161).
[Acknowledgment same as in deeds.]
No. 569.
RELEASE.
The State of Texas, County of
Know all men by these presents, that I, , of said county
of , in consideration of the sum of dollars to me in hand
paid, the receipt of which is hereby acknowledged and confessed, do by
these presents, for myself, my heirs, executors and administrators, re-
lease and forever discharge the said of and from all man-
ner of debts, demands, obligations, liabilities, suits, and causes of action,
whatever against him, the said , in any manner claimed,
owned, held, or possessed by me, the said , in my own right
at the time of executing these presents.
"Witness my hand this .... day of , A. D. 19. .
Signed and delivered in the presence of
Witnesses.
444 TEXAS CIVIL FORM BOOK.
PROOF OF LOSS BY FIRE.
No. 570.
PROOF OF LOSS— SHORT FORM NOT EXCEEDING $100.
The State of Texas, County of
, being duly sworn according to law, deposes and says
that the Insurance Company, through , its duly
authorized agent at , Texas, did issue to its
policy of insurance, Xo : said policy expiring on the .... day of
, A. D. 19. ., and covering as follows:
$ on
$ on
$ on
and that by 'a fire which occurred on the .... day of , A. D. 19 . .,
and originated from (here state the origin of the fire), the
assured has sustained actual loss and damage, under the terms of said
policy, according to statements attached hereto, as follows:
$ on
$ on
$ on
$ on
That the following* is a list of the whole insurance on said property,
and the amount of claim against each company:
Insurance Co. insures $ Proportion is $
Insurance Co. insures $ Proportion is $
. . Insurance Co. insures $ Proportion is $
, , Claimant.
Subscribed and sworn to before me, this the .... day of , A.
D. 19..
(Seal.)
1 hereby certify that the above claim is just and true.
, Agent.
i » •
No. 571.
PROOF OF LOSS BY FIRE UNDER POLICY.
No $ .'
To the Insurance Company of :
By your policy of insurance No , issued at your agency at
, commencing the .... day of , A. D. 19 . . , and expir-
ing the ... .day of , A. D. 19. ., at 12 o'clock noon, you insured
against all direct loss or damage by fire to an amount not
exceeding dollars, according to the terms and conditions printed
and written therein; the descriptive portions being as follows
(here give the descriptive portion of the policy).
TEXAS CIVIL FORM BOOK.
445
A lire occurred on the .... day of , A. D. 19. ., about the hour
of .... o'clock . .m., and according to the knowledge and belief of this
affiant the origin of said fire was (here give the origin of the
fire).
All of the property described in said policy belonged, at the time of
the fire above mentioned, to , which firm was composed of
and , and no other person or persons had
any interest therein, except as follows, viz (here state other
interests, if any).
The actual cash value of each specific subject thus situated and de-
scribed by the aforesaid policy at the time of the fire, and the actual
loss and damage by said fire to the same, as shown by annexed schedule,
and for which claim is hereby made, were as follows :
Sound
Value
Total Loss
Total
Insurance
Insured by
this Policy
policy
First item . .
Second item
Third item .
Fourth item
Fifth item .
Total
Total amount claimed of this company under above named policy,
$ There is no incumbrance upon the property described in said
policy, or any part thereof, except as follows, viz (here state
the incumbrance, if any). All other insurance, whether valid or not,
covering any of said property, at the time of the fire, . . . dollars
($ ), and no more. Full copies of the descriptions and schedules
in all policies, and of all indorsements, are hereto annexed, or will be
furnished on demand. There have been no changes in the title, use, oc-
cupation, location, possession or exposure of said property since the
issuing of said policy, except as follows, viz (here state the
changes, if any).
The building described, or containing the property described in said
policy, was occupied in its several parts at the time of the fire as follows,
viz (here state how same was occupied).
The said fire did not originate by any act, design or procurement on
the part of assured, or of this affiant, nor in consequence of any fraud
or evil practice done or suffered by said assured, or by this affiant ; noth-
ing has been done by or with the privity or consent of the assured, or of
this affiant, to violate the conditions of said policy or render it void;.nn
articles are mentioned herein, but such as were in the building damaged
or destroyed, and belonging to and in possession of the said assured, at
446 TEXAS CIVIL FORM BOOK.
the time of the said fire; no property saved has been in any manner
concealed, and no attempt to deceive the said company as to the extent
of said loss has in any manner been made.
Witness our hands at , this the .... day of A. D. 19 ..
Personally appeared and , signers of the
foregoing statement, who made solemn oath to the truth of the same,
and that no material fact is withheld that the said company should bo
advised of, before me, this the .... day of , A. D. 19. .
(Seal.)
The State of Texas, County of
I, , a notary public in and for County, Texa^,
residing in , most contiguous to the property hereinbefore de-
scribed, hereby certify that I am not concerned in the loss or claim
above set forth, either as a creditor or otherwise, nor related to the as-
sured or sufferers; that I have examined the circumstances attending
the fire or damages as alleged, and that I am well acquainted with the
character and circumstances of the assured, and do verily believe that
the assured have by misfortune, and without fraud or evil practice, sus-
tained loss and damage on the property covered by said policy to the
amount of dollars.
In testimony whereof I have hereunto set my hand and official seal,
this the day of , A. D. 19 ..
(Seal.)
SCHEDULE STATEMENT OF LOSS.
(Here assured can give statement of loss sustained.)
Assured must be governed by the printed conditions of his policy m
making out his proof of loss.
REMOVAL OF DISABILITIES OF A MINOR.
No. 572.
PETITION FOR REMOVAL OF DISABILITIES OF A MINOR.
The State of Texas, County of In District Court of ........
County, Texas.
To the Honorable District Court of said County:
Now comes , who resides in County, Texas,
and respectfully represents to the court that he is a minor over nineteen
years of age, and is the owner of property, both real and personal. That
TEXAS CIVIL FORM BOOK. 447
your petitioner is capable of managing his property, and for some time
past has been permitted to manage his own affairs, and that it is
advisable, and would be to the interest and advantage of your petitioner,
in person and property, to have his disabilities as a minor removed.
(Petitioner should here state the cause or causes existing which make
it advisable or advantageous to have his disabilities removed.)
That your petitioner's father, , is living and resides in
County, Texas.
Wherefore your petitioner prays that such notice issue herein as may
be necessary and for order of this court removing his disabilities as a
minor, etc.
Petitioner.
Attorney for Petitioner.
R. S. Art. 3499.
A copy of said petition shall be served upon the father of the minor,
if living within the State, and if he be dead, that fact shall be men-
tioned in the petition. If the father of the minor be not living, then a
copy of the petition shall be served upon the county judge of the
county in which the suit is brought, and in all such cases the court
hearing the application shall appoint a special guardian, whose duty it
shall be, in connection with the county judge, to represent the true
interest of the minor.
R. S. Art. 3205.
The petition shall be sworn to by some person cognizant of the facts
set out in said petition.
AFFIDAVIT TO SAID PETITION.
The State of Texas, County of
Before me, , a notary public in and for
County, Texas, on this day personally appeared , who,
being by me duly sworn, says that he has carefully read over the fore-
going petition, and is cognizant of the facts set out therein, and that
the same are true.
Sworn to and subscribed before me, under my official hand and seal,
this the day of , A. D. 19 . .
(Seal.)
448 TEXAS CIVIL FORM BOOK.
Ko. 573.
WAIVER AND ACCEPTANCE OF SERVICE AND PETITION BY THE
FATHER OF MINOR, OR COUNTY JUDGE.
Ex Parte Application of for Removal of His Disabilities
as a Minor. In District Court of County, Texas.
I hereby waive the issuance and service of a copy of the petition in
above cause, and accept service of same.
Father of said Minor -. (or County Judge, County).
No. 574.
ORDER REMOVING DISABILITIES OF A MINOR.
Ex Parte Application of for Removal of His Disabilities
as a Minor. In District Court of County,
Texas, Term, 19 . .
On this the .... day of , A. D. 19 . . , came on to be heard
the application of for removal of his disabilities as a
minor; and it appearing to the court that the father of said minor is
living and has been duly served with a copy of said minor's petition filed
herein; and it further appearing to the court that it is advisable and
would be advantageous to such minor, in person and property, to have
bis disabilities as a minor removed, and that said minor is over nineteen
years of age:
It is therefore ordered and decreed by the court that the disabilities
of said , as a minor, be and are hereby removed, and said
minor shall be deemed and held for all legal purposes, of full age, as
made and provided by law in such cases.
R. S. Arts. 3500-3501.
Said cause ma}- be heard by the court either in regular order or at
any time during term time.
TEXAS CIVIL FORM BOOK. 449
PLEADINGS—PETITIONS.
INSTITUTION OF SUITS — DISTRICT AND COUNTY COURTS.
R. S. Arts. 1177-1180 (1181-1184). Art. 1180 (1895) amended bv 25th Leg.
<1897), p. 266.
Pleadings in General. R. S. Arts. 1181-1190 (1185-1194).
Pleadings of the Plaintiff. R. S. Arts. 1191-1193 (1195-1197).
Pleadings — Justice Courts. R. S. Arts. 1603-1605 (1573-1575).
No. 575.
PETITION ON ACCOUNT.
The State of Texas, County of In Court of
County, Texas, Term, A. D. 19 . .
To the Honorable Court of said County :
Now conies , who resides in County, Texas,
hereinaf ter called plaintiff, complaining of , who resides
in the county of in the State of Texas, hereinafter styled de-
fendant; and for cause of action, plaintiff represents to the court that
heretofore, to wit: on or about the .... day of , A. D. 19. .,
plaintiff, at the special instance and request of defendant, sold and de-
livered to him, at the several times specified in the account hereto
attached, marked Exhibit "A" and made a part hereof, certain goods,
wares and merchandise in said account mentioned, in consideration
whereof the defendant then and there promised plaintiff to pay him the
said several sums of money charged therefor in said account specified,
amounting to the sum of dollars, at the expiration of
months thereafter, with interest thereon at the rate of .... per cent per
annum, from the .... day of , A. D. 19 . . (or if said goods
were sold at price not agreed upon, then after the words, " in consider-
ation whereof the defendant then and there prcfmised," add: to pay
plaintiff, on demand, so much money as the said goods, wares and
merchandise were reasonably worth; that the said goods, wares and
merchandise were, at the time of the sale and delivery thereof, reason--
ably worth the several sums of money charged therefor in said account
specified, amounting to the sum of dollars).
That said account is past due and unpaid, and defendant, though
often requested, has hitherto failed and refused and still refuses to pay
the same, or any part thereof, to plaintiff's damage . dollars.
Wherefore plaintiff prays the court that defendant be cited to appear
and answer this petition, and that he have judgment for his debt,
dollars, interest and costs of suit, and for such other and further
relief, special and general, in law and in equity, that he may be justly
entitled to, etc.
Attorney for Plaintiff,
Form Book — 29.
450 TEXAS CIVIL FORM BOOK.
No. 576.
PETITION ON PROMISSORY NOTE.
The State of Texas, County of In Court of
County, Texas, Term, A. D. 19 ..
To the Honorable Court of said County :
Now comes , who resides in County, Texas,
hereinafter called plaintiff, complaining of , who resides
in the county of , in the State of Texas, hereinafter styled
defendant ; and for cause of action plaintiff represents to the court that
heretofore, to wit: On the .... day of , A. D. 19 . ., the de-
fendant made, executed and delivered to this plaintiff his certain promis-
sory note for the sum of dollars, bearing date on the day and
year aforesaid, payable to the order of plaintiff at , Texas, and
due on the .... day of , A. D. 19 . ., bearing interest at the rate
of .... per cent per annum from date until paid, and providing for ten
per cent additional on the amount of principal and interest then due as
attorney's fees if placed in the hands of an attorney for collection or
suit is brought on same, whereby defendant became liable and bound
to plaintiff and promised plaintiff to pay him the sum of money in said
note specified, together with all interest and attorney's fees due thereon
according to the tenor and effect thereof. That plaintiff has placed said
note in the hands of , an attorney, for collection and has
contracted to pay him the ten per cent stipulated in said note.
That said note is now past due and unpaid, and defendant, though
often requested, has hitherto failed and refused and still refuses to pay
the same, or any part thereof, to plaintiff's damage in the sum of
dollars.
Wherefore plaintiff prays the court that defendant be cited to appear
and answer this petition, and that he have judgment for his debt,
dollars, interest and attorney fees, and costs of suit, and for
such other and further relief, special and general, in law and in equity,
that he may be justly entitled to, and in duty bound will ever pray, etc.
Attorney for Plaintiff,
Maddox v. Craig, 16 S. W. R. 328.
Bolton v. Gifford & Co., 100 S. W. R. 210.
R. S. Art. 1191 (1195).
TEXAS CIVIL FORM BOOK. 451
No. 577.
PETITION FOR NOT COMPLETING BUILDING ACCORDING TO CONTRACT.
The State of Texas, County of In Court of
County, "Texas, Terra, A. I). 19 . .
To the Honorable Court of said County :
Now comes , who resides in County, Texas,
hereinafter called plaintiff, complaining of , who resides
in the county of , in the State of Texas, hereinafter styled
defendant; and for cause of action, plaintiff represents to the court that
heretofore, to wit: on the .... day of , A. D. 19 . ., plaintiff and
defendant entered into an agreement in writing, signed by the defend-
ant, whereby defendant agreed to erect for plaintiff, in a good and sub-
stantial manner, a .... story .... store, in the city of , in
said State, and to have the same completed and ready for occupancy on
or before the .... day of , A. D. 19. ., for which plaintiff agreed
to pay defendant dollars, in installments, as follows : When the
foundation should be laid, the sum of dollars; when the first
story should be up, and the second tier of joists laid, dollars;
when the second story should be up and the third tier of joists laid,
dollars ; when the roof should be on, dollars, and when
the said store should be fully completed, according to agreement, the
balance of dollars.
That defendant entered upon the performance of the work in said
agreement, and laid the foundations of the said building, and completed
the erection of the first story thereof, with the joists for the second
story laid, and had commenced the erection of the second story thereof;
that plaintiff duly performed all the conditions of said agreement on his
part, and paid to defendant the installments as they became due for the
work so performed; but defendant neglected to finish the said building
pursuant to said agreement, and left the same with the foundations and
the first story completed, and the walls of the second story partly up,
and although the time for the completion of said building has long since
expired, he has failed and refused to complete the said work.
Plaintiff further says that on^the .... day of , A. D. 19 . ., he
made an agreement with one , whereby he agreed to let,
and said agreed to hire, the said store for one year from
the .... day of , A. D. 19. ., at a yearly rental of dollars,
of which fact defendant had due notice; that by reason of defendant's
failure to complete the contract aforesaid upon his part the said house
was not completed on said .... day of , A. D. 19 . . , the day on
which said lease was to take effect, so that plaintiff was unable to give
to said occupancy thereof, by reason whereof he has been
deprived of the profits of said lease, and has been otherwise greatly
injured, to his damage in the sum of dollars. Wherefore plain-
tiff prays the court that defendant be cited to appear and answer this
452 TEXAS CIVIL FORM BOOK.
petition, and for judgment for his damages dollars, and costs of
suit, and for such other and further relief, special and general, in law
and in equity, that he may be justly entitled to, etc.
Attorney for Plaintiff,
No. 578.
PETITION FOR FRAUDULENT PURCHASE OF PROPERTY.
The State of Texas, County of ....:... In Court of
County, Texas, Term, A. D. 19 ..
To the Honorable Court of said County :
Now comes , who resides in County, Texas,
plaintiff, complaining of , who resides in the county of
, in the State of Texas, defendant; and for cause of action
represents to the court that heretofore, to wit, on or about the .... day
of , A. D. 19 . ., the defendant, in order to induce plaintiff to sell
to him certain goods, wares and merchandise hereinafter mentioned,
falsely and fraudulently represented to plaintiff that he was in good
credit, and was worth a large sum, to wit dollars, over and above
all his just debts and liabilities and property exempt from execution;
that he owned (here set out the specific property mentioned by
defendant, if any) ; whereas defendant was at said time, as he well
knew, without credit and wholly insolvent and worthless, and unable to
pay for said goods. Plaintiff says that, induced solely by said repre-
sentations, and relying thereon, he agreed to sell to defendant, and did
sell to him on credit, and delivered to him, the following goods
(here describe them), of the value of dollars; that defendant,
having so obtained from plaintiff the possession of said goods, unlaw-
' fully converted the same to his own use and benefit, to the damage of
plaintiff in the sum of dollars. •
Wherefore plaintiff prays the court that defendant be cited to appear
and answer this petition, and for judgment for his damages,
dollars, interest and costs of suit, and for such other and further relief,
special and general, in law and in equity, that he may be justly entitled
to, etc.
Attorney for Plaintiff,
TEXAS CIVIL FORM BOOK. 453
No. 579.
PETITION FOR DAMAGES FOR LOSS ON FIRE INSURANCE POLICY.
The State of Texas, County of In Court of
County, Texas, Term, A. D. 19 ..
To the Honorable Court of said County :
Now comes , who resides in County, Texas,
hereinafter called plaintiff, complaining of the Fire Insurance
Company of , a private corporation doing business in
County, Texas, against loss or damage to property by fire, with
, who resides in said county, as its agent, hereinafter
styled defendant; and for cause of action, plaintiff represents to the
court, that on the .... day -of , A. D. 19 . ., he was the owner of a
certain dwelling-house situated in the town of , in
County, Texas; that on same day defendant issued and delivered to
plaintiff its policy of insurance of that date, whereby, in consideration
of the payment by plaintiff to defendant of the premium of
dollars, defendant insured plaintiff against loss or damage by fire to the
amount of dollars upon his said dwelling-house, from noon of the
.... day of , A. D. 19 . ., to noon of the .... day of ,
A. D. 19 . . , as is more fully shown by said policy herewith filed, marked
Exhibit " A," and made a part of this petition.
That on the .... day of , A. D. 19 . ., and while said policy was
in force said dwelling-house was totally destroyed by fire; that said
dwelling-house at the time of the issuance of said policy and at the time
of said fire was the property of plaintiff and was of the value of
dollars; that plaintiff duly performed all the conditions required of him
by the terms of said policy, and in due time after the fire, and more
than .... days before the commencement of this action, to wit, on the
.... day of , A. D. 19 . ., gave to defendant due notice and proof
of the fire and loss aforesaid, and demanded payment of the sum insured,
whereby defendant became justly indebted and bound and liable to
plaintiff in said sum of dollars ; but defendant has ever failed and
refused, and still fails and refuses to pay the same, to plaintiff's damage
dollars.
Wherefore plaintiff prays the court that defendant be cited to appear
and answer this petition, and for judgment for the sum of dollars,
damages sustained, interest and costs, and for such other and further
relief, special and general, in law and in equity, that he may be justly
entitled to, etc.
Attorney for Plaintiff,
454: TEXAS CIVIL FORM BOOK.
No. 580.
PETITION ON LIFE INSURANCE POLICY.
The State of Texas, County of In Court of
County, Texas, Term, A. D. 19 . .
To the Honorable Court of said County :
Now comes , who resides in County, Texas,
hereinafter called plaintiff, complaining of the Life Insurance
Company of , a private corporation, duly incorporated under
and by virtue of the laws of the State of and doing business in
County, Texas, with , who resides in said county,
as its agent, hereinafter styled defendant; and for cause of action,
plaintiff represents to the court, that on the .... day of , A. D.
19 . ., plaintiff was the husband of one ; that defendant,
on said day, in consideration of the payment by said to
defendant of the sum of dollars, and of the further sum of
dollars to be paid as aforesaid annually through her natural life,
executed and delivered to said its policy of insurance in
writing, whereby it insured the life of said .. in the sum of
dollars for the benefit of plaintiff, and thereby promised to pay
and became bound and liable to pay said sum of dollars to plain-
tiff on the death of said , as is more fully shown by said
policy herewith filed, marked Exhibit "A" and made a part of this
petition.
That said died on the day of , A. D. 19 . .,
and up to the time of her said death all the premiums accrued and due
upon said policy were duly paid, and the said in all respects
complied with the conditions and provisions of said policy; that within
a reasonable time after the death of said , to wit, on the
.» . day of . , A. D. 19 . ., plaintiff gave to defendant due notice
aid proof of the death of said as aforesaid, and duly
demanded from defendant payment of the said sum of dollars,
the amount of said policy; but defendant has failed and refused, and
still fails and refuses to pay the same or any part thereof, and is now
justly indebted to plaintiff in said sum with interest thereon.
Wherefore plaintiff prays the court that defendant be cited to appear
and answer this petition, and on final hearing for the sum of
dollars, interest and costs, and for such other and further relief, special
in law and in equity, that he may be justly entitled to, etc.
Attorney for Plaintiff,
Penalty faihire to pay loss. R. S. 3071 (2953).
TEXAS CIVIL FORM BOOK. 455
No. 581.
COUNT TO RECOVER THE AMOUNT OF A NOTE PLEDGED AS COLLAT-
ERAL SECURITY, BY PLEDGOR AGAINST PLEDGEE.
That on the .... day of , plaintiff, being then indebted to the
defendant in the sum of dollars, indorsed and delivered to him as
collateral security for the payment of said debt a certain promissory note
made by one , for dollars, bearing date on the ....
day of , A. 1). 19. ., and payable to plaintiff at .... months after
date, with interest at .... per cent from and after That at the
maturity of said note the sum of money due thereon was collected by
defendant, and by the application of moneys so received by him said
indebtedness was wholly paid and extinguished. That after payment of
said indebtedness there remained in the hands of defendant a balance
of dollars belonging to plaintiff, for which defendant then and
there was liable, and promised to pay plaintiff on demand ; that plaintiff
demanded of defendant payment of said sum of money on the .... day
of , A. D. 19 . ., but to pay the same, or any part thereof, the
defendant has wholly failed, and refused and still refuses, to his dam-
age, etc.
No. 582.
COUNT FOR REPAYMENT OF DEPOSIT, ON A CONTRACT FOR THE PUR-
CHASE OF REAL ESTATE, NOT PERFORMED.
That on the day of , A. D. 19. ., defendant and plaintiff
entered into a contract in writing, whereby it was mutually agreed that
defendant should sell to plaintiff a certain tract of land situated in the
county of , containing acres, and known as ,
for the sum of dollars, to be paid therefor by plaintiff ; that de-
fendant should make a good title to said tract of land, and deliver a
deed therefor to plaintiff on the .... day of , A. D. 19. .; and
that plaintiff should pay to defendant the sum of dollars, and the
balance of the purchase money upon the delivery of the deed as afore-
said. That in pursuance of said agreement, plaintiff, on the .... day
of , A. D. 19. ., paid to the defendant the said sum of dol-
lars, to be to and for the use of defendant, and to be retained by him
on account of the purchase money, if plaintiff should complete his
purchase and receive the deed of said premises; but to be to and for the
use of the plaintiff, and to be returned to him. if the defendant should
fail to fulfill his agreement as aforesaid, and give a deed of the prem-
ises at the time and pursuant to the agreement hereinbefore set forth.
That plaintiff has always been ready and willing to do and perform
everything in the aforesaid agreement contained on his part, and on the
.... day of , A. D. 19. ., was ready and willing, and duly offered
to the defendant, to accept and take the deed of said premises pursuant
456 TEXAS CIVIL FORM BOOK.
to said agreement, and to pay him the balance of the purchase money
due therefor; and the defendant did not on said .... day of ,
A. D. 19. ., nor has he at any other time whatsoever, given the plaintiff
a deed of said premises pursuant to said agreement, hut on the contrary,
has wholly failed and refused so to do. That on the .... day of ,
A. D. 19. ., plaintiff demanded of defendant the said sum of
dollars, but defendant refused and still refuses to pay the same, or any
part thereof, to his damage, etc.
No. 583.
PETITION IN TRESPASS TO TRY TITLE.
The State of Texas, County of In District Court of
County, Texas, Term, A. D. 19. .
To the Honorable District Court of said County:
Now comes ., who resides in County, Texas,
hereinafter called plaintiff, complaining of , who resides
in the county of , in the State of Texas, hereinafter styled de-
fendant; and for cause of action, plaintiff represents to the court that
on or about the .... day of , A. D. 19 . . , he was lawfully seized
and possessed of the following described land and premises, situated in
County, Texas, holding and claiming the same in fee simple,
to wit (here describe the land and premises by metes and
bounds); that on the day and year last aforesaid defendant unlawfully
entered upon said premises and ejected plaintiff therefrom, and unlaw-
fully withholds from him the possession thereof, to his damage
dollars; that the reasonable annual rental value of said land and prem-
ises is dollars.
Wherefore plaintiff prays judgment of the court that defendant be
cited to appear and answer this petition, and that plaintiff have judg-
ment for the title and possession of said above described land and
premises, and that writ of restitution issue, and for his rents, damages
and costs of suit, and for such other and further relief, special and
general, in law and in equity, that he may be justly entitled to, etc.
R. S. Art. 5250 (4786).
The plaintiff shall indorse on his petition that " This action is brought
as well to try the title as for damages."
R. S. Art. 5251 (4787).
In case plaintiff desires to make application for writ of sequestration
in his petition, the above petition should further allege in what par-
ticular he fears said property will be injured and his prayer for relief,
TEXAS CIVIL FORM BOOK. 157
pray for writ of sequestration, commanding the officer to take into his
possession said property, and keep the same subject to the further order
of the court and also to make affidavit to same in substance as follows:
The State of Texas, County of
Before me, the undersigned .authority, on this day personally ap-
peared . . . ., plaintiff in above cause, who, being by me duly
sworn, says that he is the owner of the property described in the above
and foregoing petition and entitled to the possession thereof, and that
he fears that the defendant, , will make use of such
possession to injure said property.
Sworn to and subscribed before me, this . . . day of , A. D. 19
No. 584.
PETITION ON WRITTEN CONTRACT MODIFIED BY PAROL, WITH CLAIM
FOR EXTRA WORK.
The State of Texas, County of In Court of
County, Texas, Term, A. D. 19 ..
To the Honorable Court of said County :
, plaintiff, complaining of , defendant,
represents that plaintiff resides in the county of , and defendant
in the county of , in said State.
That on the .... day of , A. D. 19 . ., plaintiff and defendant
entered into a contract in writing duly executed, and being in words and
figures as follows, to wit (here insert a true cop}' of said con-
tract) ; which said contract is herewith filed and marked Exhibit " A."
That thereafter, and before the .... day of , A. D. 19 ... the
date mentioned in said contract upon which the work was to be com-
pleted, plaintiff duly performed all the conditions of said contract upon
his part to be performed, except as follows, to wit, that he did, at the
request of the defendant, cover the roof of the building in said contract
mentioned with instead of with , for which services
rendered in modification of said contract defendant promised to pay
plaintiff a reasonable sum in addition to the price named in said con-
tract; and further, that at defendant's request plaintiff omitted to
(here state fully the omissions), upon agreeing with defendant
that a reasonable deduction be made from the price named in said
contract by reason of such omission. And plaintiff further says that
at defendant's instance, and request, he did build an addition to said
building for the purpose of a stable, said building being of the following
dimensions (here insert same) : and that defendant agreed to pay there-
458 TEXAS CIVIL FORM BOOK.
for the sum of dollars in addition to the price named in said con-
tract; and also by reason of said additions and alterations and other
considerations moving defendant thereto, defendant agreed to extend
the time for the completion of said building for weeks from and
after the date of said contract mentioned, to wit, until the .... day of
, A. D. 19 . ., on which last mentioned date plaintiff had fully
completed all the work to be done by him under said contract and its
modifications.
Plaintiff says that dollars is a reasonable sum to be paid him in
addition to the price named in the contract for covering the roof of said
building with instead of with , and that the sum of
dollars is a reasonable deduction to be made on the price named
in said contract for the omission to put (here state the omis-
sions) on the building.
Plaintiff further says that during the progress of said work defendant
paid to him the sum of dollars, leaving due as part of the con-
tract price in said petition mentioned the sum of dollars, from
which should be deducted the sum above mentioned for omission to put
(here state the omission as above mentioned) of the building
as aforesaid ; that for said remaining sum, to wit, dollars, de-
fendant is justly indebted to him, and in addition thereto for
dollars for the roof as aforesaid, and dollars agreed to be
paid to plaintiff for the erection of the stable aforesaid.
And for a further cause of action plaintiff says that while said work
was in progress, to wit, between the .... day of and the .... day
of , A. D. 19 . . , plaintiff rendered to defendant services and
furnished for him materials outside of the contract aforesaid, in and
about said building, as follows, to wit (here state the work done
outside and independent of the contract), the items of which, together
with the dates on which the materials were furnished and the services
rendered, and the prices charged therefor, appear by the itemized ac-
count hereto annexed and marked Exhibit "B." That the prices charged
for the said services rendered and materials furnished are reasonable
and proper, and that the total thereof, being dollars, is justly due
to plaintiff from defendant; but though often requested defendant has
hitherto failed and refused and still now refuses to pay the same or
any part thereof, to plaintiff's damage in the sum of dollars.
Wherefore plaintiff prays the court that defendant be cited to appear
and answer this petition and for judgment for the amount of his debt,
dollars, interest, damages and costs, and for such other and
further relief, special and general, in law and in equity, that he may
be justly entitled to, etc.
Attorney for Plaintiff,
TEXAS CIVIL FORM BOOK. 459
No. 585.
PETITION BY ARCHITECT.
The State of Texas, County of In Court of
County, Texas, Term, A. D. 19. .
To the Honorable Court of said County :
Now comes , who resides in County, Texas,
hereinafter called plaintiff, complaining of , who resides in
the county of , in the State of Texas, hereinafter styled de-
fendant; and for cause of action plaintiff represents to the court that
heretofore, to wit, on or about the .... day of , A. D. 19 . ., de-
fendant employed plaintiff to render services to him as architect in
forming and drawing plans and specifications, and making estimates
for, and superintending the erection of, a dwelling-house located at
, in County, Texas, for which defendant promised to
pay plaintiff the sum of dollars ; that plaintiff has duly per-
formed and rendered the services aforesaid, whereby said sum of
dollars has become due him from defendant; but defendant, though
often requested, has failed to pay him said sum, or any part thereof.
(When the compensation for services rendered are not agreed upon, then
instead of above count, state substantially as follows: "That between
the .... day of , A. D. 19 . ., and the .... day of , A. D.
19. ., plaintiff rendered service to defendant at his special instance and
request as architect, in forming and drawing plans and specifications,
and making estimates for, and superintending the erection of (this clause
should be omitted when not included in the contract), a dwelling-house
located at , in County, Texas. That in consideration
of the premises defendant promised plaintiff to pay him on demand such
sum of money as said services were reasonably worth; that said services
arc ittisonably worth the sum of dollars, and afterward, to wit,
on the .... day of , A. D. 19. ., plaintiff demanded payment of
said fcuiu, but to pay the same, or any part thereof, defendant refused,
and still refuses, to plaintiff's damage dollars.")
Wherefore plaintiff prays the court that defendant be cited to appear
and answer this petition and for judgment for his debt, dollars,
interest, damages and costs of suit, and for such other and further relief,
epcc'cii and general, in law and in equity, that he may be justly entitled
to, etc.
Attorney for Plaintiff,
460 TEXAS CIVIL FORM BOOK.
No. 586.
PETITION OF SURETY AGAINST PRINCIPAL.
The State of Texas, County of In Court of
County, Texas, Term, A. D. 19 ..
To the Honorable ......... Court of said County:
Now comes , who resides in County, Texas,
hereinafter called plaintiff, complaining of ...... who resides in
the county of , in the State of Texas, hereinafter styled de-
fendant; and for cause of action plaintiff represents to the court that
heretofore, to wit, on the .... day of , A. D. 19. ., defendant, as
principal, and plaintiff, as surety, executed and delivered a certain bond
or obligation in writing, whereby they and each of them promised to pay
to the sum of dollars upon condition as follows, to
wit (here state the condition of the bond).
That defendant failed to perform the said condition in said bond or
obligation in writing contained, and thereupon both plaintiff and de-
fendant became liable to pay said sum of dollars, and plaintiff,
as the surety of defendant, was compelled to pay, and did pay, said sum
on the .... day of , A. D. 19 . . , of all of which defendant had on
said day due notice.
That no part of the sum so paid by plaintiff has been repaid to him,
and by reason of the premises defendant has become justly indebted
and bound and liable to plaintiff in the sum of dollars ; but
though often requested he has hitherto failed and refused and still now
refuses to pay the same or any part thereof, to plaintiff's damage
dollars.
Wherefore plaintiff prays the court that defendant be cited to appear
and answer this petition and for judgment for his debt, dollars,
interest and costs of suit, and for such other and further relief, special
and general, in law and in equity, that he may be justly entitled to, etc.
Attorney for Plaintiff, . .
See Principal and Surety, R. S. Arts. 3811-3819 (3660-3668).
No. 587.
PETITION ON AGREEMENT FOR PRICE OF GOODS SOLD TO ANOTHER.
The State of Texas, County of In Court of
County, Texas, Term, A. D. 19 ..
To the Honorable Court of said County :
Now comes , who resides in County, Tqxas,
hereinafter called plaintiff, complaining of , who resides in
the county of , in the State of Texas, hereinafter styled de-
TEXAS CIVIL FORM BOOK. 4ol
fendant; and for cause of action plaintiff represents to the court that
heretofore, to wit, on the .... day of , A. D. 19. ., plaintiff, at
the instance and request of defendant, sold and delivered to one
on a credit of months, certain goods, wares and merchandise of
the value of dollars, the items of which and the prices therefor,
as well as the dates at which the same were sold, appear from the
itemized account hereto annexed and marked Exhibit "A," and made a
part hereof; that defendant, in consideration that plaintiff should sell
to said the goods aforesaid, promised in writing, dated the
.... day of , A. D. 19. ., and signed by defendant, to be answer-
able to the plaintiff for the payment by said of the prices
of the goods so sold (or goods sold to the amount not exceeding a total
credit at any one time of dollars, or whatever the guaranty may
be), which said writing is herewith filed and marked Exhibit " Bv (or
which said promise was written on the account aforesaid, which is filed
as above).
That said goods, wares and merchandise were sold and delivered to
the said on the faith of said guaranty of defendant, and
plaintiff duly notified defendant thereof; that at the expiration of said
period of credit, to wit, on the .... day of , A. D. 19 . ., payment
of said sum was duly demanded from said , but he totally
failed to pay the same or any part thereof, of all which the defendant
had due notice, whereby defendant promised and became bound and
liable to pay the same; but though often requested he has hitherto failed
and refused and still now refuses to pay the same or any part thereof,
to plaintiff's damage dollars.
Wherefore plaintiff prays the court that defendant be cited to appear
and answer this petition and for judgment for his debt, dollars,
interest and costs of suit, and for such other and further relief, special
and general, in law and in equity, that he may be justly entitled to, etc.
Attorney for Plaintiff,
No. 588.
PETITION FOR FORECLOSURE OF LIEN ON LAND.
The State of Texas, County of In District Court of
County, Texas, Term, A. D. 19. .
To the Honorable Judge of said Court:
Now comes , who resides in County, Texas,
hereinafter called plaintiff, complaining of , who resides in
the county of , in the State of Texas, hereinafter styled de-
fendant; and for cause of action plaintiff represents to the court that
462 TEXAS CIVIL FORM BOOK.
heretofore, to wit, on or about the .... day of , A. D. 19. ., de-
fendant made, executed and delivered to plaintiff his two several prom-
issory notes for the sum of dollars each, bearing date on the day
and year aforesaid, due on the .... day of , A. D. 19 . ., and 19 . . ,
each, respectively, payable to the order of plaintiff, bearing interest at
the rate of ... per cent per annum from date unti I paid and stipulating
for ten per cent on the amount of principal and interest then due as
attorney's fees in case suit is brought on same or if placed in the hands
of an attorney for collection, whereby defendant became hound and
liable to pay and promised to pay plaintiff the sum of money in said
notes specified, together with all interest and attorney's fees due thereon
according to the tenor and effect thereof.
That said notes were given for a part of the purchase money of the
following described real estate and premises, situated in the county of
, in the State of Texas, to wit (here describe the
property) ; that said property was heretofore, to wit, on the .... day of
',' A. D. 19. ., conveyed by plaintiff to defendant, by his deed of
writing of that date, in consideration, among other things, of the two
notes herein described, and that in said deed of conveyance a lien was
reserved thereon to secure the payment of said notes; that each of said
notes are due and unpaid, and defendant, though often requested, has
failed and refused to pay said notes, each or either of them, or any part
thereof, but the same remains still due and unpaid. That said notes
have been placed in the hands of , an attorney, for collec
tion and plaintiff has contracted to pay him the ten per cent attorney's
fees stipulated therein.
Wherefore plaintiff prays the court that defendant be cited to appear
and answer this petition, that he have judgment for his debt, interest,
attorney's fees and costs of suit, and for the foreclosure of his lien on
the above described land and premises, and the same be decreed to be
sold according to law; that the sheriff, or other officer, executing said
order of sale, shall place the purchaser of said property sold under said
order of sale in possession thereof, within thirty days after the day of
sale, and for such other and further relief, special and general, in law
and in equity, that he may be justly entitled to, etc.
Attorney for Plaintiff,
R. S. Arts 1340-1341 (1340-1340a).
16 S. W. R. 328.
100 S. W. R. 210.
TEXAS CIVIL FORM BOOK. i63
No. 589.
PETITION ON FOREIGN JUDGMENT.
The State of Texas, County of In Court of
County, Texas, Term, A. D. 19. .
To the Honorable Court of said County:
Now comes , who resides in County, ,
hereinafter called plaintiff, complaining of , who resides in
the county of , in the State of Texas, hereinafter styled de-
fendant; and for cause of action plaintiff represents to the court that
on the .... day of , A. I). 19. ., he instituted suit against de-
fendant for (here state the nature of the suit), in the
Court in and for the county of , in the State of , the
same being a court of general jurisdiction, and having jurisdiction of
the person of defendant and of the subject of said suit; that defendant
was duly served with process in said action, and appeared thereto hy
his duly authorized attorney (or here state such facts as to the appear-
ance and service that may be applicable to the case) ; that such pro-
ceedings were had in said cause that afterward, to wit, on the .... day
of , A. I). 19. ., a judgment was rendered by said court in favor
of this plaintiff and against the defendant herein for (here
state the amount or effect of said judgment) ; that no part of said
judgment has been paid (if any part of said judgment has been paid,
then add, except, etc.). A transcript of said judgment and proceedings,
duly authenticated as is required by law in such cases, is herewith filed,
marked Exhibit "A," and made a part hereof; that said judgment still
remains in full force and effect, not reversed or otherwise vacated, and
by reason of the premises defendant is now justly indebted to plaintiff
in the sum of dollars, with interest thereon from said date at the
rate of ... per cent per annum, but to pay the same, or any part thereof,
has refused, and still refuses, to plaintiff's damage dollars.
Wherefore plaintiff prays the court that defendant be cited to appear
and answer this petition, and for judgment for the amount of his debt,
; dollars, interest and costs, and for such other and further relief,
special and general, in law and in equity, that he may be justly entitled
to, etc.
Attorney for Plaintiff,
R. S. Art. 3359 (3208).
Action against. immigrant to this State.
R. S. Arts. 3374-3375 (3223-3224).
464 TEXAS CIVIL FORM BOOK.
No. 590.
PETITION ON JUDGMENT OF THIS STATE.
The State of Texas, County of In Court of
County, Texas, Term, A. D. 19 . .
To the Honorable Court of said County :
Now comes , who resides in County, Texas,
hereinafter called plaintiff, complaining of , who resides in
the county of ......... in the State of Texas, hereinafter styled de-
fendant; and for cause of action plaintiff represents to the court that
on the .... day of , A. D. 19 . ., at the term, A. D. 19 . ., of
the Court in and for the county of , in a certain cause
therein pending numbered .... on the docket thereof, wherein the said
". was plaintiff and the said was defendant, by
the consideration of said court duly given, the said
recovered against the said the sum of dollars, with
interest thereon from the said .... day of , A. D. 19. ., at the rate
of .... per cent per annum, besides his costs of suit, which amount to
the sum of dollars, as by the record and proceedings of said cause
remaining in the clerk's office of said county of more
fully appears; that no execution has been issued on said judgment within
twelve months after the rendition thereof; that said judgment has not
been paid in whole or in part, and still remains in full force and effect,
not reversed or otherwise vacated, and by reason of the premises defend-
ant is now justly indebted to plaintiff in the sum of dollars, with
interest thereon from said date at the rate of .... per cent per annum,
but to pay the same, or any part thereof, has refused, and still refuses,
to plaintiff's damage dollars.
(If the judgment sued on was rendered in justice court, the petition
should state the amount and the facts showing jurisdiction of the
justice.)
Wherefore plaintiff prays the court that defendant be cited to appear
and answer this petition, and for judgment for the amount of his debt,
dollars, interest and costs, and for such other and further relief,.
special and general, in law and in equity, that he may be justly en
titled to, etc.
Attorney for Plaintiff,
R. S. Art. 3361 (3210).
TEXAS CIVIL FORM BOOK. 165
No. 591.
PETITION BY SURETY AGAINST PRINCIPAL ON BOND.
The State of Texas, County of In Court of
County, Texas, Term, A. D. 19. .
To the Honorable Court of said County :
Now comes , who resides in County, Texas,
hereinafter called plaintiff, complaining of , who resides in
the county of , in the State of Texas, hereinafter styled de-
fendant; and for cause of action plaintiff represents to the court thar
heretofore, to wit, on the .... day of , A. D. 19. ., at the instance
and request of defendant, and for his proper debt and benefit, plaintiff,
together with defendant and one , by their bond of that
date, duly executed, bound and obligated themselves jointly and sev-
erally to one , his heirs, executors, administrators or
assigns, in the full and just sum of dollars, due and payable on
or before the . . . day of , A. D. 19. .; and the defendant, for and
in consideration thereof, then and there promised plaintiff to pay the
said the sum of dollars with interest, on or before
the day of , A. D. 19. ., and thereby save him, the said
plaintiff, harmless and indemnified against the bond aforesaid; that
although the said .... day of last above mentioned has long since
past, and said debt has long since matured, yet the defendant has never
paid the said the said sum of dollars, nor any part
thereof; that afterward, to wit, on the .... day of , A. D. 19. .,
the said bond being then unsatisfied, the plaintiff, to prevent being sued,
was compelled to pay, and did pay, and satisfy said bond, and to expend
divers sums of money in and about the premises, amounting in the
aggregate to the sum of dollars.
Plaintiff further alleges that by reason of the premises the defendant
became liable, and promised to pay plaintiff the said sum of
dollars, with interest thereon from the day last mentioned, but to pay
the same, or any part thereof, though often requested, defendant lias
refused, and still refuses, to plaintiff's damage dollars.
Wherefore plaintiff prays the court that defendant be cited to appear
and answer this petition, and for judgment for the sum of
dollars, interest and costs, and for such other and further relief, special
and general, in law and in equity, that he may be justly entitled to, etc.
Attorney for Plaintiff,
Form Book — 30.
466 TEXAS CIVIL FORM BOOK.
No. 592.
PETITION ON AN AGREEMENT TO INSURE AGAINST LOSS BY FIRE.
The State of Texas, County of In Court of
County, Texas, Term, A. D. 19. .
To the Honorable Court of said County :
Now comes , who resides in County, Texas,
hereinafter called plaintiff, complaining of the Fire Insurance
Company of , a private corporation doing business in
County, Texas, against loss or damage to property by fire, with
, who resides in said county, as its agent, hereinafter
styled defendant; and for cause of action plaintiff respectfully repre-
sents to the court that on the .... day of , A. D. 19. ., he applied
to the duly authorized agent of defendant for insurance against loss or
damage by fire upon a certain stock of goods, wares and merchandise,
then, and until the happening of the loss hereinafter mentioned, the
property of the plaintiff, the same being contained in the one-story brick
store, in which plaintiff was doing a mercantile business, situated on
street, in the city of , in Count)', Texas ; that
defendant by its said agent on said date agreed to insure said stock for
one year from the said date, in the amount of dollars, at a
premium of dollars; that thereupon said agent charged plaintilf
with the amount of said premium, and the same became a debt due and
payable by plaintiff to said agent; and it was then agreed between said
agent and plaintiff that said stock of goods, wares and merchandise was
insured for said amount from and after said date.
(If the premium was paid cash at the time, then state, after the
words, " at a premium of dollars," cash in hand paid by plaintiff
to said agent.)
That it was then and there further agreed that within a reasonable
time thereafter a policy should be executed by said company and de-
livered to plaintiff for said sum and term, and at said premium, and
that said policy should be in the usual form of policies issued by said
company; that by the form of policies usually issued by said company
it was and is agreed, among other things, that (here give the
conditions of the policy usually issued by the defendant company).
Plaintiff further alleges that after said last mentioned date, and after
the said promise that a policy in conformity with the insurance then
made between himself and the agent of defendant should be executed
and delivered to plaintiff, and within the term of one year for which
defendant agreed to insure plaintiff, to wit, on the .... day of ,
A. D. 19. ., the said stock of goods, wares and merchandise in the said
building mentioned, and intended to be insured by defendant, was
damaged and totally destroyed by fire, and the plaintiff thereby sus-
tained loss and damage to a large amount, to wit, the sum of
TEXAS CIVIL FORM BOOK. 407
dollars, and to more than the sum of dollars over and above all
other insurance thereon.
And plaintiff further alleges that he duly performed all the conditions
required of him by the terms of the policy to be issued in the usual form
of policies issued by defendant, and in due time after the fire, and more
than days before the commencement of this action, to wit, on the
.... day of , A. D. 19. ., gave defendant due notice and proof of
the fire and loss aforesaid and demanded payment of the sum agreed
to be insured and insured as aforesaid, whereby defendantf became justly
indebted and bound and liable to plaintiff in said sum of
dollars; but defendant has ever failed and refused, and still fails and
refuses to pay the same, to plaintiff's damage dollars.
Wherefore plaintiff prays the court, that defendant be cited to appear
nnd answer this petition, and for judgment for the sum of
dollars, damages sustained, interest and costs, and for such other and
further relief, special and general, in law and in equity, that he may be
justly entitled to, etc.
Attorney for Plaintiff,
No. 593.
PETITION AGAINST VENDOR FOR BREACH OF CONTRACT TO CONVEX
LAND.
The State of Texas, County of In Court of
County, Texas, Term, A. D. 19 ..
To the Honorable Court of said County :
Now comes , who resides in County, Texas,
hereinafter called plaintiff, complaining of , who resides in
the county of , in the State of Texas, hereinafter styled de-
fendant; and for cause of action, plaintiff represents to the court that
on the .... day of , A. D. 19. ., plaintiff and defendant entered
into an agreement in writing, by them subscribed, in words and figures,
•substantially as follows, to wit (here copy said agreement) ;
whereby defendant agreed to sell plaintiff, at the price and sum of
dollars per acre, the following described property, situated in
said county of , to wit, (here describe the property) ;
that defendant would, on the .... day of , A. D. 19 . ., at ,
on receiving from plaintiff said sum of dollars per acre, at his
own expense, execute a good and sufficient warranty deed, conveying
said above described property to plaintiff free of all incumbrances ; and
plaintiff on his part agreed that he would, at the time and place above
mentioned, on the execution and delivery of said conveyance to him,
'468 TEXAS CIVIL FORM BOOK.
pay to defendant said sum of dollars per acre, as aforesaid, in
manner and form as hereinafter stated.
And plaintiff further alleges that at the time of making said agree-
ment he paid to defendant dollars in part payment of said prem-
ises, which said payment was acknowledged in said agreement; and de-
fendant further agreed, as part payment of the purchase money of said
property, to receive from plaintiff his promissory note for dollars,
payable years after date, bearing interest at the rate of .... per
cent per annum from date until paid, interest due and payable annually,
and providing, if not paid when due and placed in the hands of an
attorney for collection, to pay an additional sum of ten per cent on both
principal and interest then due as attorney's fees; said note to be
secured by a deed of trust or mortgage upon the said property agreed
to be conveyed. And it was further agreed that either party failing to
perform said agreement should pay to the other dollars as
liquidated damages.
Plaintiff alleges that on the . . . day of , A. D. 19. ., at ,
plaintiff was ready and willing to fulfill the agreement on his part in all
respects, and then and there offered to defendant to accept a conveyance
of. said property, and tendered to the defendant the residue of that part
of the purchase money which he was to pay in cash, and a deed of trust
and note to secure the balance, as recited above. But defendant refused
to convey said land and premises, and has never conveyed the same to
plaintiff, whereby defendant became indebted to plaintiff in the said
sum of dollars, as liquidated damages, and also to repay to
plaintiff the said sum of dollars, paid to defendant as aforesaid,
with interest thereon from the date of said payment.
Wherefore plaintiff prays the court that defendant be cited to appear
ftnd answer this petition, and for judgment for the sum of dol-
lars, damages, interest and costs, and for such other and further relief,
special and general, in law and in equity, that he may be justly
entitled to, etc.
Attorney for Plaintiff,
No. 594.
PETITION FOR DAMAGES FOR DELAY IN DELIVERING TELEGRAM.
The State of Texas, County of In Court of
County, Texas, Term, A. D. 19 ..
To the Honorable Court of said County :
Now comes , who resides in County, Texas,
hereinafter called plaintiff, complaining of the Telegraph
Company, hereinafter styled defendant. That defendant is a private
TEXAS CIVIL FORM BOOK. 4G9
corporation duly incorporated, and doing business in County,
Texas, with , its agent, who resides in said county; and for
cause of action plaintiff represents to the court that on the .... day of
, A. D. 19. ., defendant owned and operated a telegraph line from
the city of , in County, Texas, to the city of ,
in County, Texas, and for hire transmitted telegrams for the
public generally between said points.
That on said day and year above mentioned plaintiff, then residing in
the city of aforesaid, was informed that one , who
was plaintiff's mother, and resided in said city of , was then
sick, and plaintiff thereupon instructed one , who was his
brother, who also resided in said city of , to inform plaintiff by
telegraph of the condition of the said That afterward1,
to wit, on the .... day of , A. D. 19 . . , the said , as
pRBntiff's agent, delivered to the agent of the defendant, at its office in
the city of aforesaid, for transmission and delivery to plaintiff
in said city of , a telegram, in substance as follows :
" , Texas, , A. D. 19..
"To , , Texas:
" Your mother is very low ; come on first train.
That the said , at the time of the delivery of said tele-
gram as aforesaid, paid said agent of defendant the sum of cents,
the customary and proper charge for transmitting the same, and then
and there informed said agent of the facts and circumstances requiring
the speedy transmission and delivery thereof. That plaintiff, being in
a state of anxiety, and momentarily expecting a telegram from his said
agent, called at the office of defendant, in , at ... o'clock p. m.
on the .... day of , A. D. 19. ., and in reply to his inquiry as to
the receipt of any message for him, the said plaintiff was informed by
defendant's agent that no message had been received; that afterward,
about . . . o'clock a. m., of the .... day of , A. D. 19. ., plaintiff
again called at defendant's office aforesaid, and in reply to his inquiry
was told by the agent of defendant that none had been received ; that
afterward, on the morning of the .... day of , A. D. 19 . . , said
telegram was delivered to plaintiff, and plaintiff immediately on its
receipt started for the city of by the usual and most expeditious
routes of travel, but his said mother had died and was buried before
plaintiff arrived at said city of
Plaintiff further alleges that the telegram above mentioned was in
fact correctly transmitted and received in defendant's office in the city
of , by its agent, at .... o'clock p. m. on the .... day of ,
A. D. 19. .; that if said telegram had been delivered to plaintiff when
called for on the .... day of , A. D. 19. ., as heretofore alleged, he
could and would have reached said city of in time to have seen
470 TEXAS CIVIL FORM BOOK.
his mother alive; and that if he had received said telegram when he
called for it on the morning of the .... day of , A. D. 19. ., as
heretofore alleged, he could and would have reached said city of
in time to have attended the funeral of his mother.
That by the use of reasonable and proper diligence, defendant could
have delivered said telegram on said .... day of , A. D. 19. ., to
plaintiff, in said city of , who was then arid there ready to
receive the same. That by reason of the negligence of the defendant,
and its servants and agents, to deliver said telegram within a reasonable
time as aforesaid, plaintiff was prevented from seeing his mother alive
and from being present at her funeral services, and in seeing that her
remains were properly cared for, and by reason and in consequence
thereof, he has suffered great disappointment, grief and mental pain
and anguish, to his damage in the sum of dollars. And that by
reason of the gross negligence and carelessness of defendant, its office**,
agents and servants as aforesaid, plaintiff ought to recover the further
sum of dollars as exemplary damages.
Wherefore plaintiff prays the court that defendant be cited to appear
and answer this petition, and for judgment against defendant for the
sum of dollars, actual damages sustained, and the sum of
dollars, exemplary damages, for costs of suit, and for such other and
further relief, special and general, in law and in equity, that he may be
justly entitled to, etc.
Attorney for Plaintiff,
No. 595.
PETITION FOR CONVERSION OF PERSONAL PROPERTY.
The State of Texas, County of In Court of
County, Texas, Term, A. D. 19 ..
To the Honorable Court of said County :
Now comes and , who reside in
County, Texas, hereinafter called plaintiffs, complaining of ,
who resides in the county of , in the State of Texas, hereinafter
styled defendant; and for cause of action plaintiffs represent to the
court, that on the day of , A. D. 19. ., plaintiffs were and
still are partners in business, under the firm name and style of
} and on said date they owned and possessed the follow-
ing described property, to wit : One bale of lint cotton, weighing 500
pounds, of the value "of $40, marked , and 100 bushels of com
of the value of $50 (each article with its value should be given).
TEXAS CIVIL FORM BOOK. 471
That afterward, to wit, on the same day, defendant unlawfully took
possession of said property and converted the same to his own use and
benefit.
(If the possession of said property is such that demand of possession
is necessary, then instead of alleging an unlawful taking of the property
state how defendant came in possession of same, and the date of demand
and refusal thereof.)
That by reason of the wrongful and unlawful taking and conversion
of said property by defendant as aforesaid, plaintiff has sustained
damage in the sum of dollars.
Wherefore plaintiffs pray the court that defendant be cited to appear
and answer this petition, and for judgment for the sum of dollars
damages, interest and costs, and for such other and further relief,
special and general, in law and in equity, that they may be justly ep-
titled to, etc.
Attorney for Plaintiff,
No. 596.
PETITION FOR DAMAGES FOR WRONGFUL ATTACHMENT.
The State of Texas, County of In Court of
County, Texas, Term, A. D. 19 ..
To the Honorable Court of said County :
Now comes , who resides in County, Texas,
hereinafter called plaintiff, complaining of ; , who resides in
the county of , in the State of Texas, hereinafter styled de-
fendant; and for cause of action, plaintiff represents to the court that
heretofore, to wit, on the .... day of , A. D. 19. ., defendant
brought suit against this plaintiff in the Court of
County, for the recovery of a debt due and owing from plaintiff to de-
fendant, and prosecuted the same to a final judgment against the
plaintiff. That at the commencement of said suit the defendant know-
ingly, maliciously, and without probable cause, and with the intent to
destroy the credit and standing of this plaintiff as U merchant and his
reputation as a man, and to oppress and harass him, made an affidavit
charging him with having disposed of his property with intent to defraud
his creditors and caused a writ of attachment to be issued in said suit,
and to be levied on lands the property of this plaintiff. That at the
date of the commencement of said suit this plaintiff was a solvent mer-
chant and of good reputation and credit.
That plaintiff's reputation and credit was of great pecuniary value to
him, to wit, of the vahie of dollars, in enabling him to carry on
472 TEXAS CIVIL FORM BOOK.
his business as a merchant. That the filing of said affidavit, and the
issuance and levy of said attachment injured the credit and standing of
plaintiff as a merchant, and destroyed his business as aforesaid, and
alarmed his other creditors, who, by reason of said wrongful acts of
defendant, instituted suits against this plaintiff, and caused writs of
attachment to be issued therein, and levied on the property of plaintiff.
That plaintiff, before the levy of said attachment on said real estate,
had contracted to sell the same for its reasonable value, to wit, the sum
of dollars, and by the levy of said writ of attachment was pre-
vented from completing said sale, and said land has greatly depreciated
in value, and cannot be sold for a sum exceeding dollars.
That by reason of the depreciation in the value of his real estate as
aforesaid, plaintiff has been damaged in the sum of dollars, and
by reason of the impairment of his credit and his business, and the
injury to his feelings, he has been damaged in the sum of dollars.
Wherefore plaintiff prays the court that defendant be cited to appear
and answer this petition, and that he have judgment for his damages,
dollars, and for the further sum of dollars exemplary
damages on account of the malice of defendant, * for costs of suit, and
for such other and further relief, special and general, in law and in
equity, that he may be justly entitled to, etc.
Attomev for Plaintiff.
No. 597.
PETITION TO SET ASIDE DEED OBTAINED BY FRAUD.
The State of Texas, County of In District Court of
County. Texas, Term, A. D. 19 ..
To the Honorable District Court of said County :
Xow comes , who resides in County, Texas,
hereinafter called plaintiff, complaining of , who resides in
the count}- of , in the State of Texas, hereinafter styled de-
fendant; and for cause of action plaintiff represents to the court that
heretofore, and until the .... day of , A. D. 19. ., she was the
owner in fee simple of a certain tract of .land, situated in the county of
, in said State, of the value of not less than dollars,
described as follows, to wit (here describe the land).
Plaintiff alleges that she is, and was at the date aforesaid, an un-
married woman, and resided in County, Texas ; that she has
never seen the land above described, and that the place of her residence
is at a great distance from said land; that she had no known relatives
or friends living in or near said land, and on said .... day of ,
TEXAS CIVIL FORM BOOK. 473
A. D. 19. ., she was totally ignorant of the value of said land, and knew
no one of whom she could make inquiries as to its value.
That on or about the .... day of , A. D. 19. ., defendant visited
plaintiff at her residence, in the county of , aforesaid, and, with
the wrongful and fraudulent design of obtaining her interest in said
land, at a sum below its real value, represented to her that the same was
tliin and rocky land, unproductive, and not fit for agricultural purposes;
that it was not near any railroad or any town of considerable size or im-
portance ; that said land was not worth more than dollars per
acre, and that the defendant could afford and would pay plaintiff more
for the land than anyone else would, and he therefore offered plaintiff
dollars per acre for said land. Plaintiff further alleges that,
relying solely upon the said representations of defendant, and having no
knowledge of the value of said land, except what defendant had stated,
as aforesaid, and having no means of obtaining any information as to
the value thereof, she agreed to sell said land to defendant for said price
and sum of dollars an acre. That at said time defendant well
knew that plaintiff was ignorant of the value of said land; that she had
never seen said land, and that she had no means of ascertaining its
value; and that plaintiff, in agreeing to sell said land at said price,
relied solely upon the representations made to her by him.
Plaintiff further alleges that, in pursuance of said agreement, she
executed and delivered to defendant a deed, conveying to him her in-
terest and title in said land, which deed is now of record in the record
of deeds of County, Texas, and received therefor the sum of
dollars, being at the rate of dollars an acre. Plaintiff now
says that all said representations made by defendant were false, and
were known by defendant so to be at the time they were made, and when
he accepted the land from plaintiff ; that said land was at the time worth
not less than dollars an acre ; and was rich, productive and fine
agricultural land (here state such other facts showing the falsity of the
representations) ; and that defendant well knew all the facts last men-
tioned when he obtained the agreement and deed from plaintiff. That
afterward, on the .... day of , A. D. 19. ., plaintiff discovered
that said representations so made by defendant were untrue, and on the
same day tendered to defendant said sum of and interest thereon, and
here now tenders said sum in court, to wit, the sum of dollars,
and demanded that he should reconvey said premises to her, which he
refused and still now refuses to do, to plaintiff's damage dollars.
Wherefore plaintiff prays the court that defendant be cited to appear
and answer this petition, and that she have judgment that her said deed
be canceled, set aside and annulled, and that defendant be ordered to
deliver possession of said premises to plaintiff, for writ of possession,
costs of suit, and for such other and further relief, special and general,
in la\? and. in equity, as to the court shall seem meet and just, etc.
Attornev for Plaintiff.
474 TEXAS CIVIL FORM BOOK.
No. 598.
PETITION TO SET ASIDE CONVEYANCE FRAUDULENT AS TO
CREDITORS.
The State of Texas, County of In District Court of
County, Texas, ' Term, A. D. 19 . .
To the Honorable District Court of said County:
Now comes , who resides in County, Texas,
hereinafter called plaintiff, complaining of and ,
who reside in the county of , in the State of Texas, hereinafter
styled defendants; and for cause of action, plaintiff represents to the
court that on the .... day of , A. D. 19. ., he recovered judgment
in the Court of County, Texas, against the defendant
, for the sum of dollars, as appears by the certified
transcript of the proceedings in said cause herewith filed, and marked
Exhibit " A." That on the ... day of , A. D. 19. ., an abstract of
said judgment, made and authenticated in the manner prescribed by law,
was filed and recorded in the judgment record of County, Texas,
and entered upon the index of said record, and the day and hour of such
record being duly noted therein by the clerk of said court. That execu-
tion issued thereon against the property of said , directed
to the sheriff of said county of , which said execution has been
returned by the said sheriff wholly unsatisfied ; and said judgment is
wholly unpaid and unsatisfied, and the whole thereof, with interest, is
still due plaintiff from the said (If any part of said
judgment has been satisfied by execution, so state, and. set out the bal-
ance still due.)
Plaintiff further alleges that said defendant , with a
view and with the intent to hinder, delay and defraud his creditors, and
among others this plaintiff did, on the .... day of , A. D. 19 . . ,
execute a certain deed of conveyance of that date, whereby he conveyed
to defendant the following described tract of land, situated
in County, Texas, to wit (here describe the land) ; that
the pretended consideration for said conveyance, and the amount stated
in said conveyance as the consideration therefor, is dollars ; that
said defendant , immediately upon the execution and de-
livery of said deed, caused the same to be recorded, and took possession
of said land, and has ever since remained and is now in possession
thereof.
Plaintiff alleges that in truth no consideration passed from the said
to the said , but that said conveyance was a
voluntary one and without consideration, and made, as above stated, for
the purpose of hindering, delaying and defrauding the creditors of said
, and especially this plaintiff, of which purpose said de-
fendant was fully cognizant at the time such conveyance
was made. That said defendant has no other property out
TEXAS CIVIL FORM BOOK. 475
of which the judgment and execution aforesaid can be satisfied in whole
or in part, and that unless the property so fraudulently assigned to de-
fendant , can be reached and applied to the payment of
the said judgment, the same must remain wholly unpaid.
Plaintiff further alleges "that at the time of said pretended conveyance
said abstract of judgment was on record in the judgment records of said
county, and defendant had due notice of same, and
plaintiff, by reason thereof, had acquired and has a preference lien on
said land.
Wherefore plaintiff prays the court that defendants be cited to appear
and answer this petition, that said conveyance be adjudged fraudulent
find void as against plaintiff, that the same be set aside and held for
naught, that his said judgment lien on said land be foreclosed, and that
the same be ordered sold for the satisfaction of plaintiff's said judgment,
for costs of suit, and for such other and further relief, special and
general, in law and in equity, as to the court shall seem meet and
just, etc.
Attornev for Plaintiff,
No. 599.
PETITION FOR BREACH OF WARRANTY IN SALE OF LAND.
The State of Texas, County of In Court of
County, Texas, Term, A. D. 19 ..
To the Honorable Court of said County :
Now comes , who resides in County, Texas,
hereinafter called plaintiff, complaining of , who resides in
the county of , in the State of Texas, hereinafter styled de-
fendant; and for cause of action plaintiff represents to the court that
on the .... day of , A. D. 19 . . , defendant, by his deed duly
executed and delivered, in consideration of the sum of dollars
therein mentioned, granted, bargained, sold and conveyed to plaintiff
in fee simple (or otherwise, as the case may be), a certain tract of land,
situated in County, Texas, described as follows (here
describe the land).
That by the said deed said defendant did covenant with plaintiff, his
heirs and assigns, that he was seized of an indefeasible estate in fee
simple in the land and premises by said deed conveyed, and to warrant
and defend the title and possession thereof; that plaintiff aftenvard
entered upon the premises, in said deed described, and became seized
thereof.
Plaintiff further alleges that defendant has not warranted and de-
fended tho promises to plaintiff, and did not keep his covenants and
476 TEXAS CIVIL FORM BOOK.
agreements in his said deed contained, and that said defendant, at the
date of execution and delivery of his said deed to plaintiff as aforesaid,
was not seized of an indefeasible estate in fee simple in said premises
in said deed described, but, on the contrary, on the .... day of ,
A. D. 19 . ., one , lawfully claiming the said premises by an
older and better title, afterward in an action brought by him in the
District Court of County, in which said was
plaintiff, and this plaintiff was defendant, did, on the .... day of ,
A. D. 19.., recover judgment against this plaintiff for the title and
possession of said premises, of which said action defendant, on the ....
day of , A. D. 19. ., had due notice, and was then and there
required by plaintiff to defend the same; that afterward, and on the
.... day of , A. D. 19. ., by virtue of a writ of possession, duly
issued on said judgment, said did lawfully enter the said
premises, and ousted the plaintiff thereof, and still lawfully holds him
out of the same, to plaintiff's damage in the sum of dollars.
(If defendant refused to defend the title after due notice, and party
was forced to defend same at his own expense, he should so state by
proper allegations.)
And plaintiff further alleges that the consideration paid by plaintiff
to defendant for said premises was the sum of dollars ; that this
plaintiff was compelled to expend, and did expend, in defense of his
said title, after notice to said defendant of the pendency of said suit,
the sum of dollars, and that he has sustained damages in the
sum of dollars by reason of the defendant's breach of the cove-
nants in his said deed contained.
Wherefore plaintiff prays the court that defendant be cited, etc.
Attorney for Plaintiff,
No. 600.
PETITION TO CORRECT DESCRIPTION OF LAND CONVEYED BY DEED.
The State of Texas, County of In District Court of
County, Texas, Term, A. D. 19. .
To the Honorable District Court of said County:
!STow comes , who resides in County, Texas,
hereinafter called plaintiff, complaining of , who resides in the
county of , in the State of Texas, hereinafter styled defendant;
and for cause of action plaintiff represents to the court that on the ....
day of , A. D. 19. ., defendant executed and delivered to plaintiff
a deed conveying to him a certain tract of land, situated in the county
of , in the State of Texas, described as follows, to wit
(here describe the land) ; that said deed was for a valuable considera-
TEXAS CIVIL FOIUI BOOK. 477
tion, to wit, dollars, which said consideration plaintiff then and
there paid to defendant.
That the description contained in said deed of the land intended to be
conveyed thereby was erroneous, and does not, in fact, describe the
premises purchased by plaintiff and intended to be conveyed by defend-
ant ; that whereas said description describes the tract of land as
(here insert that part of the description in deed which is incorrect),
when the same should have been described as follows (here
insert the correct description) ; and that in order to make said deed pass
to plaintiff the premises designed and intended to be purchased and con-
veyed, said description should be amended by substituting the clause
last above for that inserted by mistake, so that the whole description
should read as follows, to wit (here insert correct description
of the land as it should have been described in deed).
That said deed of conveyance was so, as aforesaid, incorrectly written
by the mistake of the writer who drew the same ; that it did not express
the mutual intent of the parties, but was executed and delivered by
defendant, and was received by plaintiff, under a mutual mistake of fact
as to the said description of said land; and plaintiff has requested and
demanded of defendant that he execute to him a correct and proper
deed of said premises, but defendant has ever failed and refused and
neglected, and still refuses and neglects, to comply with said request
and demand.
Wherefore plaintiff prays the court that defendant be cited to appear
and answer this petition, and for judgment of this court directing and
compelling defendant to execute a new and reformed deed which shall
properly describe said premises, for costs of suit, and for such other and
further relief, special and general, in law and in equity, that he may be
justly entitled to, etc.
Attorney for Plaintiff,
No. 601.
PETITION FOR SPECIFIC PERFORMANCE OF CONTRACT FOR SALE OF
REAL ESTATE.
The State of Texas, County of In District Court of
County, Texas, Term, A. D. 19 ..
To the Honorable District Court of said County:
Now comes , who resides in County, Texas,
hereinafter called plaintiff, complaining of , who resides in
the county of , in the State of Texas ; and for cause of action
plaintiff represents to the coiirt that prior to and on the .... day of
478 TEXAS CIVIL FORM BOOK.
, A. D. 19 . ., he was the owner in fee simple in his own right, of
the following described lands and tenements, situated in
County, Texas, to wit (here describe the premises).
That being desirous of selling the same he entered into an agreement
in writing on the ... day of , A. D. 19. ., with the said defendant,
whereby plaintiff, in consideration of the sum of dollars, to be
paid as therein and hereinafter mentioned, agreed that he or his heirs
would, on or before the .... day of , A. D. 19. ., by a good and
sufficient conveyance, with the usual covenants of warranty, convey to
said defendant, or his heirs, free from all incumbrances, the premises
aforesaid, as will more fully appear by reference to said agreement here-
with filed, marked Exhibit " A/' and made a part of this petition. That
the said defendant did thereby, and in consideration thereof, agree with
said plaintiff that he, the said defendant, would pay, or cause to be paid,
to said plaintiff, his heirs, executors or administrators, the said sum of
dollars, immediately upon executing the said conveyance as
aforesaid.
That plaintiff has heretofore, and before and on the day mentioned in
said agreement for the execution and delivery of said conveyance, to wit,
on the .... day of , A. D. 19 . ., informed defendant of his, the
said plaintiff's, willingness and readiness to execute and deliver to him
a proper conveyance of said premises, and offered to do so on payment
of said sum of dollars, and thereupon tendered to defendant his
deed of conveyance of said premises, duly executed and acknowledged,
and requested said defendant to pay him, the said plaintiff, the said
sum of dollars, and receive said conveyance ; but that said de-
fendant refused, and has continually since that time, and still does
refuse, to accept such conveyance, or pay said sum of dollars, or
any part thereof. That plaintiff at the time of said offer and agreement
was, and has ever since continued and still is, seized in fee simple of a
good and indefeasible estate in said premises, free from all incumbrances.
Wherefore plaintiff prays the court that defendant be cited to appear
and answer this petition, and that he have judgment that defendant
specifically perform and carry into execution the said articles of agree-
ment.
That plaintiff now brings into court his deed of conveyance as afore-
said, and tenders the same to defendant. Plaintiff further prays that
he have judgment against said defendant for said sum of dollars,
with interest thereon from the .... day of , A. D. 19. ., and for
costs of suit, and for the foreclosure of the vendor's lien upon the prem-
ises above mentioned. And should the proceeds of said sale, under the
foreclosure of said lien, be insufficient to pay the amount of the judg-
ment herein rendered, that he have execution for tlje balance remaining
unpaid, and for such other and further relief, special and general, in
law and in equity, that he may be justly entitled to, etc.
Attorney for Plaintiff,
TEXAS CIVIL FORM BOOK. 479
No. 602.
PETITION FOR SPECIFIC PERFORMANCE AGAINST VENDOR.
The State of Texas, County of In District Court of
County, Texas, Term, A. D. 19 . .
To the Honorable District Court of said County:
Now comes , who resides in County, Texas,
hereinafter called plaintiff, complaining of , who resides in
the county of , in the State of Texas, hereinafter styled defend-
ant ; and for cause of action plaintiff represents to the court that on the
.... day of , A. D. 19. ., the said defendant was seized and pos-
sessed of a certain tract of land and tenements, situated in said county
of , described as follows, to* wit (here describe the
premises). Defendant, on said date above mentioned, entered into a
written contract with plaintiff for the sale of said land and tenements,
to said plaintiff, at and for the price of dollars, wherein said
parties, plaintiff and defendant, stipulated and agreed (here
give the material provisions of the contract), as will more fully appear
by reference to said contract herewith filed, marked Exhibit " A," and
made a part of this petition.
That at the time of the execution of said contract plaintiff paid to
the defendant the sum of dollars, as a deposit and in part of his
said purchase money, and the said defendant has since delivered up
possession of said premises to the plaintiff. The plaintiff has always
been and is ready to perform his part of the said contract, and on having
a good and sufficient conveyance of said premises made to him, in accord-
ance with the terms and stipulations of said contract, to pay the residue
of the purchase money to the said defendant.
That the said defendant is able to make a good and sufficient title to
the said premises, if he thinks proper so to do, but refuses and declines
to make a good and sufficient title to the same, although the plaintiff
has demanded the same from him, and required him so to do, to wit,
on the .... day of , A. D. 19. . (here give the day and year
mentioned in the contract, if any), and at the same time offered to pay
him the residue of the purchase money upon having a proper convey-
ance of said premises executed by the defendant to ihe plaintiff, his
heirs and assigns. That the whole of the residue of the purchase money
of the said premises has been ready and unproductive in his hands for
completing the said purchase from the time it ought to have been com-
pleted by the terms of said contract, and plaintiff has ever been ready,
willing and able to perform his part of said contract.
Wherefore plaintiff prays the court that defendant be cited to appear
and answer this petition, and that he have judgment that the defendant
specifically perform the said contract or covenant entered into with the
plaintiff as aforesaid, and make a good and sufficient title to the said
480 TEXAS CIVIL FORM BOOK.
premises, the said plaintiff being ready and willing, and hereby offering
specifically to perform the said contract on his part, and upon the said
defendant executing a proper conveyance of said premises to the plain-
tiff, pursuant to the terms of said contract, to pay to the said defendant
the residue of said purchase money, for costs of suit, and for such other
and further relief, special and general, in law and in equity, that plaintiff
may be justly entitled to, etc.
Attorney for Plaintiff,
No. 603.
PETITION FOR FORECLOSURE ON DELINQUENT TAXES.
State of Texas, County of No In the District Court
of County, Texas, .... Judicial District.
To the Honorable Judge of said Court:
1st. Now comes the State of Texas, hereinafter styled plaintiff, repre-
sented herein by the county attorney of said County ,
complaining of , who owned the real estate hereinafter de-
scribed at the time, and to whom and against whom the taxes herein-
after scheduled were listed, levied and assessed, complaining of
, the present owner of said real estate,
complaining of , the present mortgagee. ., lien holder. .,
or claimant. . of the said real estate, and complaining of the above
named and all other parties owning, having or claiming any interest in
the land herein mentioned, or any part thereof, hereinafter called de-
fendants, respectfully alleges that all of the said named defendants
reside in County, Texas, except the following :
2d. Except as herein stated, the name . . of the owner . . of the said real
estate, any interest therein, or part thereof, and the place of residence
of the said defendants are unknown to the attorney for the State, and,
after inquiry, cannot be ascertained.
3d. Heretofore, as required and in due compliance with the Consti-
tution and law, the said taxes to be hereinafter scheduled were listed,
levied and assessed by the legal officers of County, and the
State of Texas, against whom and to whom, and against and upon the
land it is herein alleged the said taxes were listed, levied and assessed,
and the said taxes were not paid within the time allowed before becom-
ing subject to the law relating to delinquent taxes, and the said taxes
TEXAS CIVIL FORM BOOK. 131
are now due and delinquent. The said State, county, poll and school
taxes, including a penalty of 10 per cent thereof for each year, includ-
ing and since the year 1897, for which the said taxes are delinquent,
with 6 per cent interest per annum from the first day of January next
succeeding the year for which the said taxes are delinquent, all fees due
the tax collector and county clerk, and all advertising fees for publish-
ing the said taxes and real estate in a newspaper, are fully and speci-
fically stated in the schedule hereinafter set out, and all of which are
now delinquent, unpaid and due to the plaintiff.
4th. The said taxes have been heretofore in all respects listed, levied,
assessed, returned delinquent, or said real estate reported sold to the
State; all lists prepared, filed, approved, recorded, advertised in a news-
paper, and said advertised list of said taxes and real estate filed by the
officers and courts of the said State of Texas and County, as
required by the law of taxation in this State, and all the require-
ments of the Constitution and law have been complied with by the
officers and courts charged with any duty thereunder as to the regu-
larity of listing, levying, assessing, returning delinquent or reporting
the said real estate sold to the State; preparing, filing, approving and
recording said lists, advertising and filing said advertised lists of said
taxes and real estate alleged to be delinquent, and the amount of the said
taxes, penalty, interest, fees and all court costs, are a true and correct
charge against each and all of the lots and tracts of land described in
the said schedule, and after a due compliance with all the preliminary
requirements, and after the lapse of due time before institution of suit,
essential for the collection of said taxes by suit and foreclosure in the
District Court, the Commissioners' Court of County duly
•ordered suit filed for the collection of said delinquent taxes.
Form Book — 31.
482
TEXAS CIVIL FORM BOOK.
Schedule of the Real Estate in county. Texas, and Taxes hereinbefore referred to, including Poll and School Taxes, and all fees
that have accrued bv reason of said listing, levying, assessing, returning, reporting, filing, approving, recording, advertising, and filing
said advertised list of said taxes now delinquent, due and unpaid, for the years herein scheduled, and for which a tax lien has been fixe*!
and is now claimed bv the plaintiff on all the land and any party thereof in county, Texas, and which is herein scheduled. Unless
herein specified, all Poll nnd School Taxes are included with the amount specified as State and County Taxes; all interest and penalty,
unless specified, is to be computed and added to said amounts as alleged. The amount of values and Taxes are expressed in dollars
and cents. All lot, block and tract numbers are inclusive of all numbers appearing.
5
"o
H
iii
IP
a
o
H!~
<i>
x
~o
£
BB
L •£ x
V
tf
J ^
•
g 3
!
k. O
O J
2 §
i l
o 6
so
ow
„
J III
TEXAS CIVIL FORM BOOK. 483
For further and more complete description of the real estate referred
to in above schedule reference is hereby made to
5th. By reason of the said listing, levying and assessing of the said
taxes against whom and to whom and against and upon the real estate
same are herein alleged to have been listed, levied and assessed, the said
taxes, penalty, interest, fees and all court costs are a just and valid debt,
and personal liability against whom the said taxes were listed, levied
and assessed, and the amount of the said taxes, penalty, interest, fees
and court costs arising thereby are due, unpaid, and so claimed by the
plaintiff.
6th. By reason of the said listing, levying, assessing, returning delin-
quent, or reporting said real estate sold to the State, preparing, filing,
approving, recording, advertising and filing said advertised lists of said
taxes and real estate, as required by the Constitution and law, by the
officers and courts acting by virtue thereof, the plaintiff now has and
asserts a lien, so fixed by the Constitution and law, on said real estate
described and mentioned in the above schedule to secure the payment
of the amount of the said taxes, penalty, interest, fees, all as shown bj
above schedule, and all court costs incurred in all suits filed to collect said
taxes and enforce said lien, and the said assessment lists, rolls or books,
delinquent lists, advertised lists, inventories and any other record evi-
dence made, authorized, ordered, filed, approved, reported and accepted
by any of the officers and courts of said County and State of
Texas, mentioning, describing and in any manner referring to the said
taxes, penalty, interest, fees and court costs, and said land or either
thereof may be introduced by the plaintiff as evidence upon the trial
of this cause.
7th. The said present owner. ., mortgagee. ., lienholder. . and claim-
ant. . of said land are seeking to assert some right to, interest in, lien
on or claim against the said land, or some part thereof, but if any they
have, it is inferior to and subject to the rights of the plaintiff to enforce
the said lien for the amount of the said taxes, penalty, interest, fees
and court costs against the said land.
8th. Wherefore, premises considered, the plaintiff prays that each and
all of the defendants be served with citation hereof in the terms of the
law, and upon final hearing of this petition, the plaintiff have a personal
judgment against all parties against whom the said taxes were assessed
for the amount of the said taxes, penalty, interest, fees and all court
costs, for a judgment of foreclosure of the said tax lien on each and
every lot and tract, and all the said lots and tracts of land against each
and all of the said defendants ; that an order of sale issue and a writ of
.possession be granted to each and every purchaser of any lot or tract
of the said land, placing such purchaser or purchasers in the possession
of said real estate within the time and in the manner provided by law,
484 TEXAS CIVIL FOEM BOOK.
and for such other and further general or special legal and equitable
relief to which the plaintiff may be entitled under the law and the facts.
County Attorney, County, Texas.
State of Texas, County of
Before me, the undersigned authority in and for the said county and
State, on this day personally appeared , known to me,
and being by me duly sworn, on oath says that he is the attorney bring-
ing this suit, and that the statements contained in the foregoing petition
are true to the best of the knowledge and belief of the affiant.
Sworn to and subscribed before me, this the .... day of ,19,
INDORSEMENT ON THE BACK.
No
. .District Court.
TAXES.
The State of Texas
vs.
Plaintiff's
Original petition.
Filed . 19
Clerk District Court, County, Texas.
By , Deputy.
No. 604.
PLEA IN INTERVENTION.
vs No In District Court of
County, Texas, Term, A. D. 19 . .
And now comes your intervener, , who resides in
County, Texas, and represents to the court that he is interested in the
subject matter in controversy in the above entitled and numbered suit, .
and has a cause of action against the parties thereto in this, that hereto-
fore, to wit, on or about the day of ...... A. D. 19. ., the plaintiff
, , instituted this suit against the defendant, ,
TEXAS CIVIL FORM BOOK. 485
for the recovery of the sum of dollars, alleged therein to be due
and owing to the said
That on same day plaintiff caused a writ of attachment to be issued
out of this cause, which was afterward, to wit, on the .... day of ,
A. I). 19. ., levied on a certain stock of goods, wares and merchandise,
the property of the defendant, That afterward, by
virtue of an order of the judge of this court, made in chambers, the said
goods, wares and merchandise seized under said writ of attachment were
sold by the officer to whom said writ was directed, and the net proceeds
thereof, to wit, the sum of dollars, were paid into the registry of
this court.
That at and before the commencement of this suit, to wit, on the
.... day of , A. D. 19. ., the defendant, , was, and
now is, justly indebted to this intervener in the sum of dollars,
evidenced by promissory note for the sum of dollars executed by
the said defendant, , payable to the order of this intev-
vener, and due on the .... day of , A. D. 19 . ., dated on the ....
day of , A. D. 19. ., and bearing interest at the rate of .... per
cent per annum from date until paid.
That on said day this intervener instituted his suit in this court
against said , the defendant in this suit, for the recovery
of said indebtedness, and sued out a writ of attachment thereon, which
was afterward, to wit, on the day of . . . ., A. D. 19. ., levied on
the stock of goods, wares and merchandise, the property of the defend-
ant, , being the same goods, wares and merchandise upon
which the writ of attachment first heretofore mentioned was levied.
That by reason of said levy this intervener has acquired a lien upon said
goods, wares and merchandise, and upon the proceeds of said sale hereto-
fore mentioned and remaining in the registry of this court.
And this intervener now alleges that the said suit of
against , hereinbefore mentioned, was and is collusively in-
stituted and prosecuted by said at the special instance and
request of the defendant, , with intent to hinder and
defraud the creditors of the said , defendant, and especially
th'is intervener, of his lawful demands, all of which was known to said
(plaintiff). That the claim mentioned in said suit and
upon which said action is based was not at the time of the institution
of said suit, and is not now, a just, valid, or legal claim against the said
, defendant, but then was and now is wholly, or in a large
part, fictitious, pretended and colorable only, and was and is not based
upon any valid or legal consideration.
And intervener believes and so alleges that the claim of said
, plaintiff in this suit, was contrived and sued upon with
the intent and purpose, on the part of plaintiff, and by collusion with
the defendant, to protect said defendant from his debts, and thereby
hinder, delay and defraud this inTervener of his just debt, due and owing
to him by the said , defendant in this suit.
486 TEXAS CIVIL FORM BOOK.
Wherefore petitioner prays that he be allowed to intervene in this
suit, that the suit now pending in this court, entitled on the docket No.
. . . ., wherein your intervener is plaintiff and is defend-
ant be consolidated with this suit; that he have judgment against
, defendant, for his debt and the foreclosure of his attach-
ment lien, and that said judgment have priority of payment over any
judgment rendered in said suit in favor of the said , out of
the money aforesaid now in the registry of this court, and out of any
property or effects of the said , for costs of suit, and
for such other and further relief, special and general, in law and in
equity, that he may be justly entitled to, etc.
Attorney for Plaintiff,
No. 605.
PETITION FOR AN ACCOUNT OF PARTNERSHIP DEALINGS AFTER
DISSOLUTION.
The State of Texas, County of In District Court of
County, Texas, Term, A. D. 19. .
To the Honorable District Court of said County :
Now comes , who resides in County, Texas,
hereinafter called plaintiff, complaining of , who resides in
the county of , in the State of Texas, hereinafter styled de-
fendant; and for cause of action plaintiff represents to the court that
on or about the .... day of , A. D. 19. ., plaintiff and defendant
entered into copartnership together as (here state generally
the business), plaintiff agreeing to bring into the business the sum of
dollars, and being entitled to receive part or share of the
profits, and the defendant agreeing to bring into the business the sum
of dollars, and being entitled to receive parts or shares of
the profits.
That the plaintiff according to agreement brought into the business
the said sum of .... dollars, and the defendant brought into the busi-
ness the said sum of .... dollars. That said copartnership was carried
on and continued until the .... day of , A. D. 19. ., when the
same was dissolved by mutual consent.
That said copartnership business was carried on in a building in the
city of , in County, Texas, which at the time of the
dissolution of said copartnership was held by said partners under an
agreement for a lease for years from the .... day of ,
A. D. 19. ., and it was verbally agreed between said partners that the
defendant should take to himself the benefit of said agreement, account-
ing to the plaintiff for his proportion of the value thereof; and in pur-
TEXAS CIVIL FORM BOOK. 487
suance of such agreement the defendant has ever since continued and
now is in possession of said building.
Plaintiff says that no settlement of the copartnership accounts has
ever been made between plaintiff and defendant, though the plaintiff,
since the dissolution, has repeatedly applied to the defendant to come
to a final settlement with respect thereto, which the defendant refuses
to do. That the defendant has possessed himself of the partnership
books, and has refused, and still refuses, to permit the plaintiff to inspect
the same, and has also refused to render the plaintiff any account of the
copartnership moneys received by him.
That the plaintiff since dissolution has paid the sum of dollar?
on account of partnership debts. Arid the plaintiff alleges, on informa-
tion and belief, that upon a true and just settlement of said accounts,
a considerable balance, to wit, the sum of dollars, is due from the
defendant to the plaintiff in respect of their said copartnership dealings;
but that, nevertheless, the said defendant is proceeding to collect the
said copartnership debts, and to apply the same to his own use, which he
is enabled to do by means of his possession of the books of account as
aforesaid.
Wherefore plaintiff prays the court that defendant be cited to appear
and answer this petition, and for judgment that an account be taken of
all and every the late copartnership dealings and transaction, and that
defendant be adjudged to pay to the plaintiff what, if anything, shall
appear upon such accounting to be due from him, the plaintiff being
ready and willing, and hereby offering, to pay to the defendant what, if
anything, shall appear to be due to him from the said joint concern,
that some proper person be appointed to receive and collect all moneys
that may be coming to the credit of said late copartnership, and that
the defendant in the meantime be restrained, by order of the court, from
collecting or receiving any of the debts due and owing thereto, for cost?
of suit, and for such other and further relief, special and general, in law
and in equity, that he may be justly entitled to, etc.
Attorney for Plaintiff,,
The State of Texas, County of
t solemnly swear that I am the plaintiff in the above cause, and that
the matters stated in the above and foregoing petition are true.
Sworn to and subscribed before me, under my official hand and seal,
this the day of , A. D. 19 . .
(Seal.)
Notarv Public in and for . . Count v, Texas.
488 TEXAS CIVIL FORM BOOK.
No. 606.
PETITION TO CLOSE UP PARTNERSHIP.
The State of Texas, County of In District Court of
County, Texas, Term, A. D. 19 ..
To the Honorable District Court of said County :
Now comes , who resides in County, Texas,
hereinafter called plaintiff, complaining of and ,
who reside in the county of , in the State of Texas, hereinafter
styled defendants; and for cause of action plaintiff represents to the
court that on the .... day of , A. D. 19. ., by articles of partner-
ship of that date, plaintiff and defendants formed a partnership for the
purpose of doing and carrying on a general mercantile business as
traders and merchants in the city of , in County,
Texas, under the firm name of , to continue for
years from said date. Said articles of partnership are herewith filed,
marked Exhibit "A," and made a part of this petition.
That plaintiff and defendants entered into the business set forth in
said articles of partnership, and have from said date to the present
carried on the same; that they now own a large and valuable stock of
goods, wares and merchandise, contained in the one-story brick metal
roof building, No , street, situated on lot number .... in
block number . . . ., in the city of , County, Texa?,
together with the lease on said building, ending on the .... day of
, A. D. 19. .; that there is also due to said partnership a large
amount of indebtedness, both on notes and open accounts, and said
partnership also possesses a valuable good will, all of which are of far
greater value when taken together than if separated. That no division
of the assets and good will of said partnership can be made without
great loss and detriment to all the partners, and that the only equitable
manner of making a division of the partnership assets is by a sale of
the whole together, and of a division of the proceeds between the plaintiff
and defendants, according to their respective interests.
That on the .... day of , A. D. 19. ., defendant, ,
without the knowledge or consent of plaintiff, did by an instrument in
writing, assign and transfer to the defendant, , all his, the
said , interest in said partnership, and all his right and
title to any and all property belonging to said firm, which said assign-
ment and transfer operated to dissolve said partnership.
Wherefore plaintiff prays that defendants be cited to appear and
answer this petition, and for judgment that said partnership be ad-
judged dissolved, that a receiver be appointed of the property, rights
and good will of said partnership, with power to collect and dispose of
the same for the benefit of all the parties in interest, and that after
the payment of all the just debts of the partnership, and of the costs
and expenses of this action, and of the said receivership, the proceeds
TEXAS CIVIL FORM BOOK. 489
be divided between the parties hereto, according to their respective
rights, and for such other and further relief, special and general, in
law and in equity, as to the court shall seem right and proper.
Attorney for Plaintiff,
No. 607.
PETITION FOR FORECLOSURE OF LIEN ON LAND SECURED BY DEED OF
TRUST, AGAINST ADMINISTRATOR AND HEIRS.
The State of Texas, County of In District Court of
County, Texas, Term, A. D. 19. .
To the Honorable District Court of said County:
Now conies , who resides in County, Texas,
hereinafter called plaintiff, complaining of and ,
who reside in the county of , in the State of Texas, and
, who resides in the county of , in said State of
Texas, hereinafter styled defendants; and for cause of action plaintiff
represents to the court that defendant is the adminis-
tratrix of the estate of , deceased, late of the county of
, duly appointed by the county court of said county, and that
administration of said estate is still open and pending in said court;
that said defendant is also the widow of said , deceased;
that the defendant , who is a minor about years of
age and without any legally appointed guardian, is the child and sole
heir of the said , deceased. That on or about the ....
day of , A. D. 19. ., the said . . .• (deceased) was in-
debted to the plaintiff in the sum of dollars, evidenced by two
certain promissory notes for the sum of dollars each, dated on fhe
.... day of , A. D. 19 . . , executed by the said
(deceased), payable to the order of plaintiff and due on the .... day of
, A. D. 19.., and A. D. 19.., each, respectively, and bearing
interest at the rate of .... per cent per annum from date until paid;
that on said .... day of , A. D. 19. ., the said
(deceased) executed and delivered to the defendant his
certain deed of trust, as trustee, for the use and benefit and for the pur-
pose of securing plaintiff in the prompt payment of said notes, principal
and interest, wherein he, the said after reciting his in-
debtedness to plaintiff, evidenced by said notes, as above stated, con-
veyed to the said (trustee), a certain tract of land situ-
ated in County, Texas, with metes and bounds as follows
(here describe said land), upon the following trusts, to 'wit,
the said (deceased), was to possess and enjoy the use and
benefit of said land until default should be made by said
of said indebtedness, or any part thereof; and upon such default being
490 TEXAS CIVIL FORM BOOK.
made, the said (trustee), upon the request of plaintiff
01 other holders of said notes, should sell said land to the highest bidder
for cash, at public auction, after advertising the time and place of said
sale for (here set out the terms of sale as stated in deed of
trust) ; and out of the proceeds arising from said sale, after paying all
necessary expenses, to pay plaintiff the full amount of principal and
interest due and unpaid on said indebtedness as hereinbefore set forth,
rendering the balance of the purchase money, if any, to the said
(deceased), as more fully appears by said deed of Irust,
on file in this cause, marked Exhibit "A," and made a part of this peti-
tion; that afterward, on or about the .... day of , A. D. 19. ., the
said departed this life, without having paid said sum of
money due plaintiff, or any part thereof, and the same now remains due
and unpaid; and the said deed of trust now remains in full force and
effect, and is a valid and subsisting lien against said land; that ifter-
v/ard, on or about the .... day of , A. D. 19. ., the claim of
plaintiff, duly authenticated as required by law, was presented to the
defendant , administratrix, as aforesaid, for acceptance
and allowance, and the said defendant then and there refused to allow
said claim or any part thereof, but rejected the same (or then and there
refused to make in Avriting either an acceptance or a rejection of the
same, as the case may be). Said claim hereto attached, marked Exhibit
" B," and made a part of this petition.
Wherefore plaintiff prays the court that defendants be cited to appear
and answer this petition, and for. judgment for the amount due him,
and for costs of suit, and that plaintiff's lien on said land be foreclosed,
and that said judgment be certified to the County Court of
County, sitting in matters of probate, to be there classified and enforced
according to law, and for such other and further relief, special Jind
general, in law and in equity, that he may be justly entitled to, etc.
Attornev for Plaintiff,
R. S. Art. 1198 (1202).
No. 608.
PETITION BY CREDITOR TO SET ASIDE AN ALLOWANCE AND AP-
PROVAL OF CLAIM BY ADMINISTRATOR.
The State of Texas, County of ........ In ....... Court of ..."....
County, Texas, ____ . . Term, A. D. 19 ..
To the Honorable ........ Court of said County :
Now comes ............ , who resides in ........ County, Texas,
hereinafter called plaintiff, complaining of .......... and .......... ,
who reside in the county of ........ , in the Staie of Texas, hereinafter
styled defendants; and for cause of action plaintiff represents to the
court that the defendant ............ is the administrator of the
estate of ............ , late of the county of ........ , deceased, duly
TEXAS CIVIL FORM BOOK. 491
•
appointed by the County Court of County, Texas, at the
term, A. D. 19. ., of said court, and that said administration is still
open and pending in said court.
That heretofore, to wit, at the term, A. D. 19. ., of the
Court of County, plaintiff recovered against the defendant
, administrator, as aforesaid, a judgment for the sum of
dollars and costs of suit, which said judgment has not been ap-
pealed from, and remains in full force and effect, and has been in no
way satisfied or discharged, a copy of which was duly certified to said
county court in which said administration is pending for observance, 88
required by law; that said defendant neglects and refuses
to pay the same, though often requested, alleging that he has fully ad-
ministered, all and singular, the goods and the chattels of the said
, which have ever- come to the hands of him, the said
administrator, as aforesaid, and that, after paying such
claims against said estate as have been allowed or established within
twelve months after the grant of said letters of administration, he has
no funds of said estate in his hands.
Plaintiff alleges that said (here give the name of the
administrator), combining and confederating with his codefendant for
the purpose of cheating and defrauding the creditors of said estate, who
bad valid and subsisting claims against the same, and more particularly
for the purpose of cheating and defrauding plaintiff, has allowed in
favor of his said codefendant a certain pretended claim against said
estate, when in truth and in fact said defendants well knew that the
same was not a valid and subsisting claim against said estate; that
heretofore, to wit, on the .... day of , A. D. 19.., said
, administrator, as aforesaid, allowed in favor of said de-
fendant a pretended claim agninst said estate, amount-
ing on the .... day of , A. D. 19 . ., to the sum of dollars,
which said claim was approved by the county judge of said county on
the .... day of , A. D. 19. ., a copy of said claim, with the
indorsements thereon, is hereto attached, marked Exhibit "A/' and made
a part of this petition. Plaintiff says that said claim was not at the
date of said allowance and approval a valid and subsisting claim against
said estate; that said claim accrued and was due and payable on the
.... day of , A. D. 19 . . ; that the said departed
this life on the .... day of , A. D. 19. ., having resided within
the State of Texas more than four years after said claim became due
and payable, and without having at any time acknowledged the justice
of said claim in writing; by reason whereof said claim, at the date of its
allowance and approval aforesaid, was barred by the statute of limita-
tions, and was not a valid and subsisting claim against said estate (or
here state whatever the facts may be for setting aside said claim, if paid
off. then state that the said claim was, during the lifetime of him, th/3
said now deceased, fully paid off and discharged at its
maturity ; said payment having been made to the defendant ,
492 TEXAS CIVIL FORM BOOK.
and the same was not at the date of said allowance and approval a valid
and subsisting claim against said estate).
Wherefore plaintiff prays the court that defendants be cited to appear
and answer this petition, and for judgment setting aside and annulling
the allowance and approval of said claim of defendant ,
and that defendant , administrator of said estate, be or-
dered to pay the claim of this plaintiff in due course of administra-
iion, and for costs of suit, and for such other and further relief, special
and general, in law and in equity, that he may be justly entitled to, etc.
Attorney for Plaintiff,
No. 609.
PETITION FOR REVIEW OF JUDGMENT.
The State of Texas, County of In District Court of
County, Texas, Term, A. D. 19 . .
To the Honorable District Court of said County:
Now comes , who" resides in County, Texas,
hereinafter called plaintiff, complaining of , who resides
in the county of , in the State of Texas, hereinafter styled de-
fendant ; and for cause of action plaintiff represents to the court that on
or about the .... day of , A. D. 19 . . , defendant filed in the
district court of said county of , his petition against plaintiff,
upon plaintiff's promissory note for the sum of dollars, payable to
defendant, dated on the .... day of , A. D. 19 . . , and due one
year after date, which note, as alleged in said petition, was secured by a
deed of trust of even date therewith, executed by this plaintiff in favor of
said defendant, upon the following tract of land, situated in
County, Texas, to wit (here describe said land) ; that defendant
filed with his petition an affidavit in writing that plaintiff was not a
resident of the State of Texas, and thereupon obtained service of process
in said suit by publication in a newspaper ; that at the term,
A. D. 19. ., of said court, judgment was rendered in said cause No
on the docket of said court, in favor of defendant, against this plaintiff,
for the sum of dollars and costs of suit, and for the foreclosure of
said deed of trust and sale of the premises therein described, as under
execution.
Now plaintiff shows that long before and at the time of filing said
petition, and for a long time thereafter, he was a resident of the county
of , in said State, which was well known to the defendant, or
might have been ascertained by the use of proper diligence ; that he was
never served with process in said suit, nor accepted service therein, and
had no notice of the pendency of the same until long after the rendition
of the judgment above mentioned ; that no statement of the facts proven
TEXAS CIVIL FORM BOOK. 493
upon the trial, and upon which said judgment was founded, was made
out and incorporated with the records of said cause, as required by law ;
and that he lias a good defense to said action in this : that said claim, at
the time of the commencement of said suit, was paid off and satisfied in
full (or, was barred by the statute of limitations, or whatever the defense
may be).
And plaintiff further alleges that long before the commencement of
said suit, to wit, on the .... day of , A. D. 19. ., this plaintiff
paid to defendant the sum of dollars, in discharge of his indebt-
edness upon said note, and defendant then and there agreed to cancel and
destroy the same. Plaintiff now says that defendant, regardless of his
said obligation, did not cancel and destroy, said note; but, on the con-
trary, instituted suit against this plaintiff, as aforesaid, and took a judg-
ment therein against plaintiff for the whole amount of principal and
interest, payable according to the tenor and effect of said note.
Wherefore plaintiff prays that defendant be cited to appear and
answer this petition, and that the judgment heretofore rendered in said
suit be set aside, and that a new trial be granted thei'eon, for costs of
suit, and for such other and further relief, special and general, in law
and in equity, that he may be justly entitled to, etc.
Attorney for Plaintiff,
No. 610.
PETITION AND INFORMATION PROCEEDING BY QUO WARRANTO.
The State of Texas (on the Eelation of ) vs
In District Court of County, Texas.
To the Honorable District Court of said County:
The State of Texas, by the district attorney of the judicial
district, on the relation of , complaining of ,
defendant, represents that said relator and the defendant reside in the
county of , aforesaid.
That at a general election, duly and legally held on the .... day of
, A. D. 19. ., in the county of , pursuant to the statute
in such case made and provided, for the election among other officers
of a tax collector of said county, to discharge the duties of that office
from the .... day of , A. D. 19. ., for the term of two years, the
said was duly and lawfully elected to the office of tax
collector of said county, and by reason of said election he was authorized
and entitled to hold and enjoy said office for the term of two years, as
aforesaid, and to receive the emoluments of said office for said term.
That the emoluments of said office would reasonably amount to the sum
of dollars during said term, and said office is of the reasonable
value of . . dollars.
494 TEXAS CIVIL FORM BOOK.
That on the .... day of , A. D. 19 . ., the said ,
illegally and wrongfully claiming said office, usurped and intruded into
said office, and excluded the relator therefrom, and has ever since unlaw-
fully and wrongfully held said office, and still unlawfully holds the same,
and exercises the powers and performs the duties of said office, and
receives all the profits and emoluments, and enjoys all the rights and
privileges of the same.
Plaintiff further represents that the defendant claims to hold said
office under and by virtue of a certificate of election delivered to him by
the county judge of said county, certifying that he had received
votes polled for him for said office, and that the same was the greatest
number of votes polled at said election for any one person for said
office of tax collector. And plaintiff now says that said certificate is
not true, and said defendant did not receive the greatest number of
votes for the office of tax collector at said election, and, on the contrary,
that votes for said relator were actually and legally polled at said
election, and votes were polled for the defendant, and no votes
were polled for any other person for said office of tax collector, and by
reason thereof said relator was duly elected to said office of tax collector.
That at the election precinct No , in said county, votes were
cast for the relator and votes were cast for said ;
that said votes so cast were not properly counted and returned by the
officers of election at said precinct, but were falsely and fraudulently
counted, so as to show that the relator received .... votes and no more,
and that the defendant received votes, and that by reason of such
false and fraudulent count the returns of said election made it to appear,
in estimating the result of said election, that the defendant had received
a majority of the votes cast at said election precinct, when in truth and
in fact this relator received a majority of said votes, as hereinbefore
stated.
Plaintiff further says that in the election precinct No , in said
county, votes appeared to have been cast for the relator, and
votes appeared to have been cast for the defendant, as shown by
the returns of said election ; but plaintiff alleges that said returns do not
in fact show the actual number of votes cast, in this, that the managers
of said election, while engaged in the performance of their duties as
such, were grossly intoxicated, and permitted persons to open the ballot
box in which the votes were deposited, and to examine and to destroy a
large number of ballots deposited therein before said ballots were
counted, and the returns of said election were certified and signed by
the managers of said election.
That by reason of the gross negligence and misconduct of the managers
of said election, at said precinct No , the returns of said election
do not, in fact, show the actual number of votes cast in said election, or
the number of votes cast for the relator and for the defendant, and
.ought not to be considered in estimating the votes cast in said election.
TEXAS CIVIL FOUM BOOK. 495
Plaintiff further says that if the returns at said election precinct had
been legally and properly made as aforesaid, they would have shown that
the relator received votes and the defendant received
votes.
Plaintiff further says that by reason of the premises relator was
entitled to receive a certificate from the proper officer, showing his elec-
tion to said office, and has at all times been ready and willing to qualify,
by executing a bond, and taking the oath of office required by law; but,
on the contrary, a certificate of election was delivered to the defendant,
who thereafter, to wit, on the .... day of . . . ., A. D. 19. ., executed
bond and took the oath of office and took the office and entered upon the
discharge of his duties as tax collector of said county.
Wherefore plaintiff prays the court that defendant be cited to appear
and answer this petition, and for judgment that the defendant is not
entitled to the said office herein mentioned; that the relator be adjudged
entitled to the office of tax collector of said county, and its franchises
and privileges; that the relator be permitted to qualify for said office
within twenty days after final judgment herein, and thereupon to enter
upon the duties of his office; that the defendant be commanded to sur-
render said office to the relator, upon his qualification, as aforesaid, and
that he have judgment for costs of suit, and for such other and further
relief, special and general, in law and in equity, that he may be justly
entitled to, etc.
(Add verification.)
No. 611.
PETITION FOR DAMAGES AGAINST A RAILROAD COMPANY FOR NOT
DELIVERING GOODS.
The State of Texas, County of In Court of
County, Texas, Term, A. D. 19. .
Now comes , who resides in County, Texas,
hereinafter called plaintiff, complaining of the Railway Com-
pany, hereinafter styled defendant, and represents that defendant is a
private corporation, duly incorporated under and by virtue of the laws
of the State of , and doing business in County, State
of Texas, with an office in the town of , in said county, in
charge of , who resides in said county, as its agent.
That heretofore, to wit, on the .... day of , A. I). 15). . . de-
fendant owned and possessed a certain railroad extending from the city
of , in Count}-, Texas, to , in the State of
, and was then and still is engaged in the business of running
railroad cars, and transporting freight on said road as a common carrier
for hire.
496 TEXAS CIVIL FORM BOOK.
That on the . . . day of , A. D. 19. ., for and in consideration of
the sum of dollars then paid (or agreed to be paid, as the case may
be) to defendant by plaintiff, the defendant agreed safely to carry from
, in the State of Texas, to , and then deliver to
: or order, at said place, certain goods, the property oJ'
plaintiff, of the reasonable value of dollars, consisting of
(here describe the goods), which plaintiff then and there delivered to
defendant, who received and accepted the same upon the agreement and
for the purposes before mentioned.
That defendant did not safely carry and deliver the said goods pur-
suant to said agreement, as it was in duty bound and obligated so to do;
but, on the contrary, so carelessly and negligently acted and conducted
in regard to the same, in its business as common carrier, that they were
wholly lost to plaintiff, to his damage dollars. That defendant
has failed and refused, and still now refuses to deliver to plaintiff or
order said goods pursuant to said agreement, by reason of the careless-
ness, negligence and default of defendant, its agents, servants or em-
ployes, whereby plaintiff has been damaged as aforesaid.
Wherefore plaintiff prays the court that defendant be cited to appear
and answer this petition, and for judgment for his damages,
dollars, interest and costs, and for such other and further relief, special
and genera], in law and in equity, that he may be entitled to, etc.
Attorney for Plaintiff,
No. 612.
PETITION FOR DAMAGES— DELAY IN SHIPMENT OF STOCK.
The State of Texas, County of In Court of
County, Texas, Term, A. D. 19 ..
To the Honorable , Judge of said Court :
Xow comes -...., who resides in County, Texas,
hereinafter styled plaintiff, complaining of the Railway Com-
pany, a private corporation, doing business in County, Texas, a
common carrier of cattle and livestock generally, with its line of rail-
road running in and through said county and State, with an office in
the town of , in said county, in charge of as its
agent, hereinafter called defendant; that heretofore, to wit, on or about
the .... day of , A. D. 19. ., defendant company owned and pos-
sessed a certain line of railroad extending from the city of , in
County, Texas, to , in the State of , with its
connecting line of railroad, and was then and is now engaged in the busi-
ness of running railroad cars, and of transporting cattle, horses and
TEXAS CIVIL FORM BOOK. 497
other livestock and freight on said road and its said connecting line of
railroad, as a common carrier for hire.
Plaintiff alleges that on and prior to the . . . day of , A. D. 19. .,
he was the owner of and in the possession of head of cattle in
, Texas, and on said date he delivered to defendant said
head of cattle, at , Texas, which defendant then and there
accepted, to be safely and securely carried and conveyed over its said
road and its said connecting lines of railroad, from , Texas, to
, State of , with ordinary care, and with reasonable
diligence and speed, and to be safely and securely delivered to plaintiff
(or , consignees for account of plaintiff, as the case may
be), at , State of , for a reasonable reward paid or to
be paid on the delivery thereof as aforesaid.
That defendant wrongfully and negligently acting in the premises,
did rfot deliver said cattle to plaintiff (or , his said con-
signees, as the case may be), at , State of , or to anyone
else, with reasonable diligence and speed, as it was in duty bound and
obligated so to do, but neglected and refused so to do; and did not with
ordinary care or with reasonable diligence and speed, carry and convey
said cattle from , Texas, to , said point of destination,
but on the contrary, so carelessly and negligently conducted itself in the
promises, that by and through its negligence, default and carelessness
said cattle were delayed a long time beyond the usual and ordinary time
of passage over said road, as follows, to wit, hours beyond the
usual and ordinary time of passage over said road; b}r means whereof
plaintiff was subjected to great loss, damage and expense by reason of
the fall in the market of such cattle at , State of , from
the time said cattle reached , and the time they should have
leached said point of destination conveyed and transported with reason-
able speed and diligence, and also in consequence of said cattle wasting
away and excess shrinkage in flesh and weight, by reason of being con-
fined in said cars and pens, and in consequence of the depreciation in
the market value of said cattle by reason of their said excess shrinkage
unA loss in flesh and weight, drawn and emaciated condition, and in con-
sequence of the expense and loss of time to which plaintiff was thereby
subjected, amounting in all to the sum of dollars, being the
difference in the market value of said cattle, from the time they arrived
at State of , and the time they should have arrived,
conveyed and transported with ordinary care and with reasonable dili-
gence and speed.
Plaintiff alleges that his said cattle, as aforesaid, at the time they were
received and accepted by defendant, were in good condition and were
good and merchantable cattle, and were shipped for the market at
, State of , which fact was known to the defendant at
the time; that said cattle with reasonable diligence and speed should
have arrived at said point of destination, and should have been delivered
Form Book — 32.
498 TEXAS CIVIL FORM BOOK.
by defendant to plaintiff at said , State of , at about
.... o'clock . . m., on the .... day of , A. D. 19 . . , about
hours earlier than they were in fact delivered by defendant or received
by plaintiff; that by reason of the negligence, default or carelessness of
defendant, its agents, servants or employes, said cattle were not delivered
by defendant to plaintiff at said point of destination until about ....
o'clock . . m., on the .... day of , A. D. 19. ., and were placed on
said market on said date and on same day were sold in said market at
, State of , at cents per pound, being the market
value of said cattle in said market at that time; that said cattle at the
time they were delivered and sold in said market, as aforesaid, weighed
pounds, and on the .... day of , A. D. 19 . . (here give the
date said cattle should have arrived at their destination), were worth
in said market cents per pound, being at least cents per
hundred pounds more than they were worth and sold for at the* time
they were delivered and sold in said market; that there was a decline
of cents per hundred pounds in the market value of said cattle
and of such cattle generally, from the time said cattle should have
arrived and should have been delivered by defendant, to plaintiff at
, State of , conveyed and transported with reasonable
speed and diligence, and the time said cattle did arrive and were de-
livered to plaintiff, making the sum of dollars damages by
reason of the decline in the market value of such cattle; that said cattle,
had they been transported and delivered to plaintiff by defendant with
ordinary care within the usual and ordinary time of passage over said
road between said points, would have weighed pounds, and by
reason of such unnecessary and unreasonable delay, there was an excess
shrinkage in flesh and weight of said cattle of ... per cent of the weight
thereof, making pounds, reasonably worth in said market at that
time cents per pound, making the sum of dollars, damages
in excess shrinkage ; that there has been a net loss of cents per
hundred pounds on pounds (the weight of said cattle), making
the sum of dollars depreciation in the market value of said cattle
by reason of the excess shrinkage, loss in flesh and weight and the drawn
and emaciated condition of said cattle, and the further sum of
dollars reasonable and necessary expenses for extra feed paid by plaintiff
at , State of , by reason of said delay, all aggregating
the sum of dollars, actual damages sustained by plaintiff by
reason of the carelessness, default and negligence of defendant, its
agents, servants or employes as aforesaid.
Plaintiff says that by reason of the failure of defendant, its agents,
servants or employes, to carry, transport and deliver said cattle as
aforesaid, they were detained an unnecessary and unreasonable length
of time and were confined in said cars and pens for a long time beyond
the usual and ordinary time of shipment over said route between said
points, thereby causing them to lose extra flesh and weight and greatly
TEXAS CIVIL FORM BOOK. 499
depreciating their market value in said market as aforesaid; that due
notice in writing of said claim has been made by plaintiff to defendant,
liut defendant, though often requested, has wholly failed and refused to
pay the same or any part thereof, and still refuses so to do, to plaintiffs
damage in the sum of dollars ; that all freight charges, etc., have
lieen paid by plaintiff and accepted by defendant, and defendant thereby
agreed, promised, bound and obligated itself to transport, carry and
deliver said cattle to plaintiff at , State of , with
reasonable diligence, speed and care, and within the usual and ordinary
time of passage over its said road and connecting line of railroad from
, Texas, to , State of , all of which it has
failed, refused and neglected so to do, whereby plaintiff has been greatly
damaged as aforesaid.
Wherefore plaintiff prays the court that defendant be cited to appear
and answer herein, and on final hearing for judgment against defendant
for the sum of dollars actual damages sustained by him, for costs
of suit, and for such other and further relief, special and general, in
law and in equity, that he may be justly entitled to, etc.
Attorney for , Plaintiff.
R. S. Arts. 319a-331b (277-289).
No. 613.
AMENDED PETITION BY MINOR AND SURVIVING PARENT FOR PER-
SONAL INJURIES TO MINOR. (Consolidated.)
and vs Nos and
In District Court of County, Texas, Term, A. D. 19 ..
Now come plaintiffs in above numbered and entitled cause, consoli-
dated under order of the court, leave of the court being first had and
obtained, and file this their amended original petition in lieu of
and as a substitute for their amended original petition filed in
said cause in this court on the .... day of , A. D. 19. ., and
plead as follows:
and vs Nos and ....
Suit pending in District Court of County, Texas, Term,
A. D. 19 .. To the Honorable District Court of said County. Now
come your petitioners, and , a minor, who
sues by his next friend, his mother, , both of whom reside
in County, Texas, hereinafter called plaintiffs, complaining of
the Railway Company, a private corporation duly incorporated
under and by virtue of the laws of the State of Texas, doing business
and operating a line of railway in and through the county of
in said State, with as its local agent, who resides in said
county, hereinafter styled defendant.
500 TEXAS CIVIL FORM BOOK.
And for cause of action plaintiffs represent to the court that hereto-
fore, to wit, on or about the .... day of , A. D. 19. ., while
, who is a child of tender years, about .... years of age,
was crossing the railroad of the defendant at a crossing in ,
County, Texas, which was then and had been for years prior
thereto used as a crossing for pedestrians, and which was then, and had
been for years prior thereto, known and recognized by defendant as a
crossing by pedestrians, men, women and children, and so used as a
crossing by them, he, , was injured in the manner and form
as follows:
Defendant was then operating an engine and cars by its agents,
servants or employes, unskilled and careless and without any experience
whatever, and were switching cars near said crossing, and said defendant,
its agents, servants or employes, without warning or notice of any kind
whatever forced a car, after great rapidity of motion had been acquired
and which was then detached from the engine and turned loose upon
defendant's track and allowed to run in the direction of and upon the
said crossing on a down grade without any person upon said car or car?
to control tne speed thereof, and without brake or brakes set thereon,
which said car struck or ran against another car or cars standing on
said track, which shoved or forced them along said track in the direction
of and over said crossing, and thereby ran over or upon and cut or
mashed off one of the feet of the said , or the greater
portion thereof, while he, without negligence on his part, was passing
or attempting to pass over said crossing, whereby it became necessary to
amputate said foot so injured or a portion thereof; that said car or
cars on defendant's said track as aforesaid, were detached and without
sufficient brakes, or without brakes set thereon, to control or regulate
their speed along or upon said track ; that by reason of the said careless-
ness and negligence of defendant, its agents, servants or employes,
plaintiff, , was seriously and permanently injured and
crippled for life, and thereby caused to suffer great pain and anguish,
both mental and physical, and his ability and capacity for labor and to
earn a living has been greatly lessened, injured and impaired and almost
totally destroyed, to the great damage and injury of plaintiffs.
Plaintiffs further allege that defendant had for a number of years
prior to said injury, used, kept and maintained said crossing where
plaintiff, , was injured as aforesaid, as a crossing for
pedestrians and for the use and convenience of the public generally in
passing to and fro over defendant's right of way and tracks thereof,
and had kept the same open and free from cars, having given orders
that all trains should be kept separated and kept open at said crossing
m order that same should be used and kept open and free of obstructions
for the use and convenience of the public generally passing to and fro
over the same, and had thereby for a long period of time, to wit, for a
number of years, recognized and held same out as a crossing for pedes-
TEXAS CIVIL FORM BOOK. 501
trians, and thereby invited them to freely use the same as a crossing in
passing to and fro over defendant's railway; that defendant, by reason
of said crossing being used generally by people on foot with the knowl-
edge and consent and invitation of defendant, was required to exercise
reasonable care and prudence in operating its said railway, and running
and switching cars thereon upon and over said crossing, especially when
said cars were run in direction over said crossing, which is an
uncommonly steep down grade, and not to allow any car or cars to run
toward or upon said crossing going in direction, unless well pro-
vided with brakes and a brakeman upon each car to control its motion
and speed; that it was defendant's duty not to allow any car or cars to
stand on its track near said crossing in direction therefrom, with-
out brakes being well set thereon, and not to allow any loose and de-
tached car or cars to be run in direction near said crossing and
against cars standing near said crossing, and to jam and force the same
suddenly or in a rapid manner upon and over said crossing; that it was
the duty of defendant to keep a watch at said cro.ssing to protect and
warn any and all persons crossing said track at said crossing from
injury or damage.
Plaintiffs allege that all of said necessary and proper precautions that
dei'endant was required to take on account of the nature of said crossing
and the frequency of its use at the invitation of defendant, were wholly
unobserved and neglected, and the failure to exercise said diligence and
observe the necessary and proper precaution, as aforesaid, caused and
contributed to the injury and damage of plaintiffs as before alleged; that
the forcing of said cars, over said crossing without notice or warning to
plaintiff, , with great force and rapidity, and turning loose
said car without brakes set thereon and without a good or sufficient
brake that was capable of controlling said car, any brake thereon being-
defective and worthless, and upon a steep down grade, which car ran
upon other cars standing of said crossing and forced them sud-
denly and rapidly, without warning, or any watch to notify
of his danger, were acts and omissions of carelessness and negligence,
and evidencing wantonness, recklessness and utter disregard of its duties
and obligations to these plaintiffs and the public generally invited by
it to pass over said crossing.
Plaintiff, , did not know and was not informed that
defendant was about to switch and shove said car without brakes
set thereon or brakes thereon in condition to be used, against other car
or cars and force them in the manner aforesaid upon said crossing at
the time he was injured, and that he did not contribute in any way or
manner to said injury by any carelessness, negligence or want of proper
care on his part.
That said plaintiff, , had no notice whatever, either by
ringing of bell, sounding of whistle, or notice from any person placed to
watch or look out for danger to anyone going upon or over said crossing,
or otherwise warn him of danger and cause him to take steps for his
502 TEXAS CIVIL FORM BOOK.
protection; neither was there any locomotive near enough to said cross-
ing to indicate that any car or cars were being moved or were about to
be moved at that time near said crossing.
That the agents and employes of defendant who were operating said
engine and cars of defendant nearest to said crossing and thereof
were known to defendant, its officers and agents, to be wholly inex-
perienced and without skill, careless, negligent and reckless, at the time
and prior to the time of said injury, and that they had full notice and
knowledge of the danger of plaintiff, , and others at the time
of turning said car or cars loose and forcing said cars upon plaintiff,
, as aforesaid ; that defendant, its agents, servants or
employes, operating or managing said engine and cars at the time of
said injury, saw plaintiff, , or could have seen him by the
exercise of ordinary care in the discharge of their duties, in time to
have avoided said injury; that at the time of said injury defendant
should have had some person at or near said crossing to warn anyone
approaching or passing over said crossing of the danger that existed at
that time, and in not doing so and failing to observe all or any of said
necessary and proper precautions as before alleged, defendant was guilty
of gross negligence, and carelessness, wantonness and recklessness
toward plaintiffs as aforesaid.
Plaintiffs further allege that said was so inexperienced
and was of such a tender age that he did not know the danger to which
he was exposed, and was not able to protect himself therefrom or to take
steps to avoid said injuries aforesaid, which came upon him so suddenly
and unexpectedly.
And plaintiffs further allege that said plaintiff, , is the
mother of the said plaintiff, . , and that she is a widow and
has no means or property, and was then, when said injury occurred, and
ever since, and now and hereafter during her entire natural life would
have been, dependent upon the services of the said plaintiff, ,
provided said injury had not occurred, which renders him disqualified
and incapable, physically and mentally, to so aid and contribute by his
time and labor, care and attention, to the financial and pecuniary aid
of his said mother; that by reason of his duties and obligations while a
minor, if he had not been so injured, it would have been necessary for
him to do what he could during his tender years, and gradually more
as he became older, for the comfort and support of his mother, and
eventually as he approached his majority he would have been able to and
would have supported and maintained her and increased her means and
property ; that after he became of age said , on account of
his affection to his mother and because of her financial needs and neces-
sities, would have voluntarily contributed to her aid, comfort and sup-
port during the remainder of her natural life; but by reason of his
injury as aforesaid, brought about by the carelessness and negligence
of defendant, its agents, servants or employes, he, , has
been rendered unable during the remainder of his life to aid or con-
TEXAS CIVIL FORM BOOK. 503
tribute to the comfort or support or to improve the financial condition
of his mother, and thereby he has become a charge and financial burden
upon her during her entire life; that by reason of said injury, plaintiff,
, was compelled to nurse and lose her time
from her employment, which she was engaged in for the support of her
family, for a long period of time, to wit, months, reasonably
worth dollars; that , by reason of his said injury, has
been rendered incapable of laboring for his own support during the
balance of his life, and made a cripple, and thereby will become a charge
upon his mother, , and perhaps upon others, and has been
deprived of all opportunity for usefulness in life or for making his life
pecuniarily profitable to himself or for the enjoyment of life, and has
been made a cripple for life, and his health has been impaired, without
any fault or negligence on the part of either of the plaintiffs in this
cause; that the said before said injury was a good sized
boy for his age, was stout, healthy and energetic, and possessed of a
good mind, judgment and discretion ; that he was kind and affectionate
toward his mother, and was willing to labor and did labor for and aid
her, and that he had a good prospect of full mental and physical de-
velopment and long life, but by reason of said injury he has been stunted
and his growth mentally and physically checked, and he is now dwarfed
in size; that by reason of the time and labor lost and expense incurred
by plaintiff, , as aforesaid, she has been reduced to very
straightened circumstances and want.
Plaintiffs say that by reason of the wrongful, careless, malicious and
reckless acts and omissions of defendant, its agents, servants or em-
ployes, they have been greatly damaged and injured.
Plaintiffs allege that the services of plaintiff to plaintiff
, from the time of his said injury up to the time he was
twenty-one years of age, had it not been for said injury, would have
been reasonably worth the sum of dollars ; and that the contribu-
tions he would have made to her, after he had attained his majority
and up to the time of her death, would have been not less than
dollars; and that plaintiff, , by reason of the said injury
to , has lost his said services and his contributions volun-
tarily to be made to her wants and necessities, in the aggregate sum of
not less than dollars; that the said , by reason of
said injury, as aforesaid, has been damaged in the sum of dol-
lars, all of which defendant became bound and liable to pay plaintiffs,
which it has failed and refused to do. to plaintiffs' damages as aforesaid.
Wherefore plaintiffs pray judgment of the court against defendant,
which has been duly cited to appear and answer herein for their dnm-
tiges as aforesaid, to wit : to said the sum of dollars,
and to plaintiff , the sum of dollars, and for costs
of suit, and for such other and further relief, special and general, in
law and in equity, that they may be justly entitled to, etc.
Attornev for Plaintiffs.
504 TEXAS CIVIL FORM BOOK.
No. 614.
PETITION FOR DAMAGES AGAINST A RAILROAD COMPANY BY SUR-
VIVING WIFE.
The State of Texas, County of In District Court of
County, Texas, Term, A. D. 19. .
To the Honorable District Court of said County :
Now comes , who resides in County, Texas,
hereinafter called plaintiff, complaining of the Eailway Com •
pan}% hereinafter styled defendant; and for cause of action plaintiff
represents to the court that defendant is a railroad corporation duly
incorporated and organized under the laws of the State of Texas, and
is, and has been for more than years last past doing business and
has its local 'office in the county of , in said State, with
, its local agent, who resides in said county. (If suit is
brought in the county where the company's principal office is situated,
then state : That is the president of said corporation, and
is secretary, and . . . is treasurer thereof, and all
of said persons reside in the county of ).
Plaintiff alleges that she is the surviving wife of ,
deceased, and and are the children of plain-
tiff and said , deceased, and that said left-
surviving him no other child or children; that said is a
minor, a girl about .... years of age, and said is a minor,
a boy about .... years of age, who reside with plaintiff in
County. And plaintiff brings this suit for the use and benefit of herself
and the children above mentioned.
Plaintiff further alleges that heretofore, to wit, on or about the ....
day of ..:...., A. D. 19. ., defendant was engaged in running and pro-
pelling cars for the conveyance of passengers over a railroad owned by
it, and running through the county of aforesaid; that on said
day said , deceased, entered defendant's car at its station
at , in said county, for the purpose of being transported as a
passenger to , another station on its said road in the county of
, and for a valuable consideration paid therefor defendant
agreed and it became its duty to well and safely carry and transport him
over its road as aforesaid; that defendant failed to carry said
well and safely between the stations aforesaid, but by its agents and
servants so carelessly and negligently managed and conducted itself in
the premises that the car in which the said was riding was
violently thrown from said road or track, and said ,
without fault or negligence on his part, was thereby mangled, bruised
and greatly injured, and thereafter, to wit, on the .... day of ,
A. D. 19. ., in consequence and by reason of said injuries, died.
And plaintiff further alleges that at the time and place of said injury
as aforesaid, defendant did not manage and operate its road and its said
TEXAS CIVIL FORM BOOK. 505
train of cars with reasonable care, skill and diligence; but on the con-
trary, managed and operated the same with gross negligence and care-
lessness, in this, its roadbed and track, at and near the place where said
car was thrown from the track, was in an unsafe and dangerous condi-
tion; that one or more of the ties upon which the rails of said track-
rested were rotten or defective, all of which was well known to defendant,
its agents and servants, and by reason thereof said rails, by the passage
of said train, which was then and there running at a high rate of speed,
were caused to spread, and said car was thereby thrown from said track
as aforesaid, and the death of said , as aforesaid, was
caused by the gross negligence of the defendant, its servants and agents.
Plaintiff further alleges that at the time of his death, as aforesaid,
said was years of age, was in good health, and wel!
qualified for the transaction of business; that prior to and at the time
of his said death he was and for a long time had been engaged in busi-
ness, and did thereby earn and receive therefrom the sum of
dollars per annum, and could have continued to earn the same during
the term of his natural life; that he had since his marriage with plaintiff
cared for and supported his family, consisting of this plaintiff and their
said children, and had provided them with all necessaries and con-
veniences of life, and would hereafter have maintained and educated
his children above named in a manner suitable to his station in life.
That the said owned no property at the time of his death,
and was dependent upon his earnings in his business for the support of
himself and of his family; that the plaintiff and the children of the
said own no property, and were, before his death, entirely
dependent on him for their maintenance and the education of his said
children; that plaintiff is a weak and delicate woman, unable to work or
earn a support for herself or her children.
Plaintiff alleges that by reason of the premises she and her said chil-
dren have sustained actual damages in the sum of dollars.
And that by reason of the gross negligence of the defendant, its officers,
agents and servants, as aforesaid, she ought to recover the further sum
of dollars as exemplary damages.
Wherefore plaintiff prays the court that defendant be cited to appear
and answer this petition, and for judgment for the sum of dollars
actual damages, and for the further sum of dollars exemplary
damages ; and that they be apportioned among the parties entitled thereto
in such shares as the court or jury may find, for costs of suit, and for
such other and further relief, special and general, in law and in equity,
that the}' may be justly entitled to, etc.
Attornev for Plaintiff,
506 TEXAS CIVIL FORM BOOK.
No. 615.
FORM OF PETITION AGAINST RAILWAY COMPANY FOR PERSONAL
INJURIES AT INTERSECTION OF ROADS.
The State of Texas, County of In Court of
County, Texas, Term, A. D. 19 ..
To the Honorable Court of said County :
Now comes , . , who resides in County, Texas,
hereinafter called plaintiff, complaining of the Railway Com-
pany, hereinafter styled defendant; and for cause of action plaintiff
represents to the court that defendant is a private corporation duly
incorporated, whose line of railway extends in and through said county
of , in the State of Texas, and whose local station agent at
in said county is
That defendant's said railway crosses the railway of the
Railway Company, hereinafter referred to as the " Company,"
at the town of in said County, the general course of the
former being and and of the latter and at
the said crossing; and there being no interlocking switch and signal ap-
paratus at such crossing and no flagman kept thereat ; that the rules and
practice under them and custom of the said two lines of railway in pro-
pelling engines and cars over the said crossing was to bring said engines
and cars to a full stop and sound two long blasts of the whistle and then
proceed across, and when a train or car or cars was being pushed by an
engine over the said crossing, to have in addition a flagman stationed
in a conspicuous position on the front of the lead car so as to perceive
the first sign of danger and immediately signal the engineer; and
plaintiff alleges that the defendant company had a siding which extended
immediately of the said crossing and parallel with its main line,
that the same was often filled with box cars which obstructed the view
of an engineer and fireman in charge of an engine bound on the
line of the said " Company " in the direction of said crossing,
of a train of defendant's main line approaching said crossing from the
, and obstructed the view of the engineer and fireman in charge
of such train of an approaching train on the " .railway " from
the , and that when said siding had box cars standing on the
same it was highly important that the lead car of a train approaching
the said crossing from the over the defendant company's 'line of
road should have a flagman stationed in a conspicuous position thereon
in order that he might see the approach of a train heading from the
on the " track " and in order that the said train ap-
proaching the said crossing on defendant company's line might be seen
by the engineer and fireman and the other members of the crew of the
" train;" and plaintiff further alleges that when the said siding
would be filled with box cars and the view obstructed as aforesaid, that
the constant and invariable practice was for the defendant company to
TEXAS CIVIL FORM BOOK. 507
have a flagman stationed in a conspicuous position on the lead car of a
train being backed by an engine in the direction of said crossing and
with the intention of crossing the same, and that plaintiff in attempting
to propel his said engine and cars over the said crossing, after stopping
and sounding the whistle, as hereinafter shown, relied upon the said
practice being observed, and was unaware of the approach of the defend-
ant company's said train until the collision, hereinafter set out, had
practically occurred ; and plaintiff says that each company recognized
the method stated as the proper one for safeguarding the running of
engines and cars over the said crossing, and the same was adequate and
sufficient to prevent collision.
That on the .... day of , A. D. 19. ., plaintiff was a locomotive
engineer in the employ of the said " Company" and was. in
charge of a locomotive engine to which was attached some cars,
and it then and there became plaintiff's duty to propel said engine and
cars from the over the said crossing; that upon approaching said
crossing and before reaching the same, and at a point where a man of
ordinary prudence would have done, plaintiff brought his said engine
and cars to a full stop, and thereupon blew two long blasts of the whistle
on his said engine, and then proceeded on with his engine and cars, and
that upon reaching the said crossing his engine came into collision with
a car attached to a locomotive engine on defendant's said railway,
which was in charge of an engineer, fireman and other employes of the
defendant company, who ran the said car in front of plaintiff's said
engine; that the said siding contained a number of box cars, which
obstructed plaintiff's view of the approach of the defendant company's
engine and car, and there was no flagman stationed in a conspicuous
place on the said car so that plaintiff could see such flagman and in
that way detect the approach of said engine and car ; and plaintiff says
he was without fault or negligence in bringing about said collision ; that
seeing said collision was inevitable, and being put in fear for the safety
of his life and limbs, he jumped from his engine, and he says a man
of ordinary prudence under the same circumstances would have jumped
from the same, and that in the fall plaintiff had his right arm broken
at the wrist, and the muscles, tendons and ligaments thereof torn and
severed.
That the collision and plaintiff's said injuries were caused by the
negligence and carelessness of defendant, its servants and emploves in
charge of said engine and car, whose names are unknown to plaintiff,
but well known to defendant, in this, that said servants and employes
in approaching said crossing, which they did with the car in advance
of the engine, failed to bring the said engine and car to a full stop at a
point where a man of ordinary prudence would have done under the
circumstances with a view to avoiding collision at the said crossing,
and failed to give any signal of the approach of said engine and car by
sounding the whistle in two long blasts or in any manner, and failed to
508 TEXAS CIVIL FORM BOOK.
have any flagman stationed in a conspicuous position on the front of
the said car so as to perceive the approach of the said " train,"
which plaintiff was propelling, and signal the engineer of his own
train of such approach; and in this, that even if the said servants and
employes brought the said engine and car to a full stop and sounded the
whistle and rang the bell, which is not admitted, but denied, that
plaintiff did not hear the same, notwithstanding he was using ordinary
care to do so, and no flagman was stationed in a conspicuous position
on the front of the said car so as to perceive the approach of plaintiff's
said engine and train, and the exercise of ordinary care under the cir-
cumstances required that one be so placed by defendant, and that had
a flagman been so placed he could and would have seen the approach of
plaintiff's train in time to have signaled the engineer to have stopped
the same and thereby avoided the collision, or plaintiff could and would
have seen said flagman and have stopped his train in time to have
avoided the said collision.
That plaintiff at the time of said injuries was a skilled and ex-
perienced locomotive engineer and pursued the business of propelling
railway locomotive engines as a vocation, and he earned on an average
of dollars per month, and that his said services were well and
reasonably worth that much, and that he would have continued to earn
that much to this time; that the said injuries have caused the said wrist
and ankle to become stiffened so that he has been unable to pursue his
said vocation or to do any manual labor, and that his said injuries are
permanent and incurable, and that he is thereby forever unfitted to
pursue his vocation of railway locomotive engineer, and that on account
of said injuries he has lost the said earnings, and has been thereby
obliged to pay and become liable to pay for medicine and medical treat-
ment the sum of dollars; that the said injuries caused him great
mental and physical pain, and have rendered him a cripple for life, and
his ability to earn money and make a living has been thereby perma-
nently impaired and reduced, and all to his actual damage in the sum
of dollars.
Wherefore, the premises considered, plaintiff prays that defendant be
cited to appear and answer this petition according to law; that on final
trial he have judgment for his said damages, dollars, for costs of
suit, and for such relief, special and general, in law and in equity, that
he may be justly entitled to, and he will ever pray.
Attorney for Plaintiff,
TEXAS CIVIL FORM BOOK. 500
No. 616.
PETITION AGAINST RAILWAY COMPANY FOR DAMAGES BY FIRE.
The State of Texas, County of In the Court of
County, Texas, Term, A. D. 19 ..
To the Honorable , Judge of said Court:
Now conies , who resides in the county of ,
in the State of Texas, hereinafter called plaintiff, complaining of the
Railway Company, a private corporation, duly incorporated,
and doing business in County, Texas, with its line of railroad
extending in and through said county, with its local office at ,
in said county, in charge of : , as its local agent, who resides
in said county, hereinafter styled defendant; and for cause of action
plaintiff represents to the court that he is and was on or about the
day of , A. D. 19. ., the owner of certain premises in the county
of , in the State of Texas, described as follows (here
describe the premises so as to be identified, describing the farm or prem-
ises, as the case may be); that the railroad track of defendant runs
along on the side of (or runs through) the said farm (or prem-
ises) of plaintiff; that on the said .... day of , A. D. 19. ., a
certain locomotive was in use on said railroad, and was then and there
attached to and drawing a train of cars at the point where said road
runs by (or through) the premises of plaintiff; that said locomotive
was so defectively and improperly built and constructed, and was so
carelessly, negligently and unskillfully managed by the agents, servants
and employes of defendant in charge thereof, that sparks of fire escaped
from said locomotive, and set fire to the (here fully describe the
property destroyed) of plaintiff, and totally consumed the same, to his
damage in the sum of dollars.
Wherefore plaintiff prays that defendant be cited to appear and
answer this petition, and for judgment for his actual damages in the
sum of dollars, for costs of suit, and for such other and further
relief, special and general, in law and in equity, that he may be justly
entitled to, for which he will ever pray, etc.
Attorney for Plaintiff.
COMMENCEMENT OF PETITION.
1. WHERE PLAINTIFFS ARE PARTNERS.
Now comes and , plaintiffs, complaining of
, defendant, and represent to the court that plaintiffs
reside in the county of , and the defendant resides in the
county of , in said State.
That on or about the .... day of , A. D. 19. .,
and , plaintiffs, were and still are partners in business,
under the firm name of , etc.
510 TEXAS CIVIL FORM BOOK.
2. WHERE PLAINTIFF IS A DOMESTIC CORPORATION.
Now comes the Company, plaintiff, complaining of
, defendant, and represents to the court that on the ....
day of , A. D. 19. ., plaintiff was and now is a private corpora-
tion duly incorporated under and by virtue of the laws of the State of
Texas, and has its principal office and place of business in the city of
, in the county of
That is president, is secretary, and
is treasurer of said corporation. That the defendant
resides in the county of , in said State.
3. WHERE PLAINTIFF IS A FOREIGN CORPORATION.
Now comes Company, plaintiff, complaining of
, defendant, and represents to the court that plaintiff is a
private corporation, duly incorporated and existing under the laws of
the State of ; that heretofore, to wit, on the .... day of ,
A. D. 19. ., plaintiff filed in the office of the Secretary of State of the
State of Texas a duly certified copy of its articles of incorporation, and
thereupon said officer issued to plaintiff a permit to transact business
in said State. That the defendant resides in the county of ,
aforesaid.
4. WHERE PLAINTIFF IS A NATIONAL BANK.
Now comes the Bank, plaintiff, complaining of
, defendant, and represents to the court that plaintiff is
a national bank, organized and authorized to .transact business under the
acts of Congress, and has its office and place of business in ,
county of , in said State.
That the defendant resides in the county of . , in said State.
No. 617.
PETITION FOR MANDAMUS.
, Eelator, vs , Commissioner of the General
Land Office, et al., Eespondents. In the Supreme
Court of Texas.
To the Honorable Supreme Court of Texas :
Your petitioner, , relator, complaining of ,
Commissioner of the General Land Office, and , respond-
ents, respectfully represents that the said relator resides in the county
of and State of Texas, and that the respondent, ,
is the duly elected and qualified Commissioner of the General Land
TEXAS CIVIL FORM BOOK. 511
Office of the State of Texas and resides in the county of Travis and
State of Texas, and that the said respondent, , resides
in the county of and State of Texas.
Relator further represents that heretofore, to wit, on the .... day
of , 19 . . , relator filed in the General Land Office of the State
of Texas, at Austin, Texas, 'his application in writing on a form pre-
scribed by the Commissioner of the General Land Office for the pur-
chase of Survey No , block , certificate , in
County, Texas, containing acres of land, which said
application was duly verified by the affidavit of your relator as required
by law, and at the same time your relator paid into the State Treasury
one-fortieth of the purchase price of said tract of land and executed
and delivered to the Commissioner of the General Land Office his oath
and obligation in writing for the balance of the purchase money on a
regular form prescribed by the Commissioner of the General Land
Office, as shown by Exhibit "A," hereto attached.
Relator further alleges that at the time of the filing of his said ap-
plications he was over twenty-one years of age, and that his said tract
of land applied for as additional land to section . . . ., block ,
Railwaj' Company, was within a radius of five miles of his home
tract applied for, and that said tract of land was lawfully on the market
for sale as a part of the public free school fund of the State of Texas, duly
classified as dry grazing land and appraised at dollars per acre
and subject to sale to any person complying with the law who should
offer the highest price for said land, and relator further alleges that
the price offered by him for said additional tract of land was the high-
est and only bid duly and regularly filed according to law in the Gen-
eral Land Office for said additional tract of land after it came on the
market by reason of the expiration of the lease hereinafter mentioned,
but relator further alleges that his home tract was rejected and that
your relator thereby became and was entitled to be notified of said
higher bid and to be given thirty days within which to designate his
additional tract of land as his home tract; but the Commissioner of the
General Land Office, in violation of the rights of your relator, rejected
your relator's application and refused to approve same upon the ground
that he had sold said section of land to under a claim
of preference right to purchase same by virtue of the fact that said
section of land had been leased by the Commissioner of the General
Land Office to one , for years from the ....
day of , 19. ., by lease No , and by reason of the fact
that the said had on the .... day of , 19 . . , in
writing assigned and transferred his lease on said section to the said
, which facts, the Commissioner of the General Land
Office claims, gave to the said a preference right to pur-
chase said land under which the said Commissioner of the General
Land Office has attempted to sell said section of land to said
512 TEXAS CIVIL FORM BOOK.
under an application to purchase same filed in the General Land Office
on , 19. ., a copy of which is hereto attached, marked
Exhibit " B."
Your relator further alleges that the said attempted sale to the
said is illegal and void, for^ the reason that so much of
the School Land Act of 1905 as attempts to confer upon lessees and cer-
tain assignees of public free school land a preference right to purchase
same, is in contravention of the Constitution of this State, and of the
Bill of Eights, to wit, article 1, section 3, in that, the same is class
legislation, and seeks to confer upon certain persons and classes of per-
sons unusual and special privileges not enjoyed by and granted to other
citizens of this State, and said attempted sale under such claim of
preference right cannot and does not confer upon said .f
any title to said land superior to the right of your relator to acquire
same.
Relator further alleges that said attempted sale to the said ,
if relator's contention hereinbefore made be not sustained, is, neverthe-
less illegal and void, for the reason that said School Land Act of 1905
was not intended by the Legislature and does not by its terms confer
a preference right to purchase school land under lease upon any other
persons except those who were lessees when said act took effect or who
were assignees of leases at the time said act took effect, and that said
School Land Act does not by its terms confer a preference right to pur-
chase school land upon any person who might become an assignee of
a lease after the taking effect of said act, but said act was intended by
the Legislature to protect only those persons who were lessees or as-
signees at the time of the taking effect of said act, and your relator
further alleges that the said respondent, , became an
assignee of said lease on said section of land on the .... da}' of ,
19.., after said act took effect, and by reason of his said assignment
he did not acquire any preference right to purchase said land, and that
by reason of the fact that said lease for three years from ,
19. ., was still in force at the time of his attempted purchase in good
standing, he could not acquire any title to said land by virtue of his said
application to purchase same.
Relator further alleges that at the time of the filing of your relator's
applications to purchase said survey on, to wit, the .... day of ,
19. ., said lease had fully expired and said land was on the market for
sale, and your relator further alleges that he still desires to purchase
said survey of land and to become an actual settler on same as required
by law and to designate same as his home tract.
Wherefore your relator prays that the said respondents be cited to
answer this petition and that upon a hearing of this cause he have
judgment compelling and requiring the Commissioner of the General
Land Office to cancel his said sale to the said and to
approve the application of }'our relator, and to allow your relator to
TEXAS CIVIL FORM BOOK. 513
designate said section as his home section, and to sell and award same
to your relator and that the respondent, , be cited to show
why said writ of mandamus should not issue, and that your relator
recover all costs in this behalf expended.
Attorneys for Relator.
State of Texas, County of
Before me, the undersigned authority, on this day personally ap-
peared , one of the attorneys for relator herein, who being
by me duly sworn says on oath that the facts set out in the foregoing
petition for mandamus are true.
Subscribed and sworn to before me, the undersigned authority, this
the day of , 19. .
(Seal.)
Notary Public, County, Texas.
PLEADINGS.— ANSWERS, ETC.
Pleadings of the defendant — County and District Courts. R. S. Arts. 1262-
1268 (1262-1269).
Pleadings of the defendant— Justice Courts. R. S. Arts. 1604-1605 (1574-
1575).
No. 618.
EXCEPTION TO THE JURISDICTION OF THE COURT.
. vs. , No. . In Court of
County, Texas, Term, A. D. 19. .
And now comes the defendant in the above cause, and excepts to
plaintiff's petition, and says that the same is insufficient in law, because
it appears therefrom that the matter in controversy, exclusive of interest,
amounts in value to less than dollars, and that this court has no
jurisdiction of the subject matter of this suit.
Wherefore defendant prays judgment of the insufficiency of said
petition, and that he be dismissed with his costs, etc.
Attorney for Defendant,
Form Book — 33.
514 TEXAS CIVIL FORM BOOK.
No. 619.
EXCEPTION TO THE RIGHT OF A MARRIED WOMAN TO SUE ALONE.
vs No In . Court of
County, Texas.
Now conies the defendant in the above cause and excepts to plaintiff's
petition, and says that the same is insufficient in law, because it appears
therefrom that plaintiff is a married woman, having a husband living.
Wherefore defendant prays judgment of the insufficiency of said
petition, and that he be dismissed with his costs, etc.
Attorney for Defendant,
R. S. Art. 1200 (1204).
No. 620.
EXCEPTION— NONJOINDER OF PARTIES PLAINTIFF.
. vs. . No. , In . . Court of
County, Texas.
Now comes the defendant in the above cause and excepts to plaintiff's
petition, and says that the same is not sufficient in law, because it appears
thai one is jointly interested with the plaintiff in the
subject matter of this suit, and is a necessary party thereto.
Wherefore defendant prays judgment of the court that this suit be
dismissed for want of parties and for costs of suit, etc.
Attorney for Defendant,
No. 621.
EXCEPTION— MISJOINDER OF DEFENDANTS.
vs . et al. No. .... In Court of
County, Texas.
Now comes the defendant, , and excepts to plaintiff's
petition, and says that the same is insufficient in law, because it appears
therefrom that he is improperly joined as defendant with the defendant
Wherefore defendant prays judgment of the court that this suit be
dismissed because of the improper joinder of parties, and for costs of
suit, etc.
Attorney for Defendant,
TEXAS CIVIL FORM BOOK. 615
No. 622.
EXCEPTION— NONJOINDER OF PARTIES DEFENDANT.
. vs. , No. . In . . Court of
County, Texas.
Now comes the defendant and excepts to plaintiff's petition, and says
that the same is insufficient in law, because it appears therefrom that
another person, to wit, , who resides in the county of
, in the State of Texas, is a necessary party, and should be
joined as defendant.
Wherefore defendant prays judgment of the court that this suit be
dismissed and for costs of suit, etc.
Attorney for Defendant,
No. 623.
PLEA TO THE JURISDICTION.
vs. No In Court of
County, Texas.
And now comes the defendant, by attorney, and says that the matter
in controversy, as alleged in the plaintiff's petition, amounts in value,
exclusive of interest, to less than the sum of .... dollars, to wit, the
sum of .... dollars, and that the same is exclusively cognizable before
a justice of the peace; and that plaintiff has falsely and fraudulently
alleged the matter in controversy to amount to the sum of
dollars, as mentioned in his said petition, for the purpose of giving this
court jurisdiction, and this he is ready to verify.
Wherefore he prays judgment whether this court can or will take
further cognizance of this suit.
Attorney for Defendant,
No. 624.
PLEA OF PLAINTIFF'S COVERTURE.
vs No In Court of
County, Texas.
And now comes the defendant in the above cause, by his attorney, and
says that the plaintiff, before and at the time of the commencement of
this suit, was and still is married to one , then and yet her
516 TEXAS CIVIL FORM BOOK.
husband, who is now living in the county of , and this he, the
said defendant, is ready to verify.
Wherefore, because the said is not named in plaintiff's
petition, he prays judgment of the court, and that he be dismissed with
his costs, etc.
Attorney for Defendant,
The State of Texas, County of
I solemnly swear that I am the defendant in the above entitled and
numbered cause, and that the matters stated in the above and foregoing
plea are true.
Sworn to and subscribed before me, under my official hand and seal,
this the day of , A. D. 19 . .
(Seal.)
Notary Public in and for County.
No. 625.
PLEA OF DEFENDANT'S COVERTURE.
And now comes the defendant in the above cause, by attorney, and
says that at the time of the commencement of this suit she was and still
is married to one , who is still living in the county of
, and this she is ready to verify.
Wherefore, because the said is not named in plaintiff's
petition, she prays judgment of the court, and that she be dismissed
with her costs, etc.
Attorney for Defendant.
(Add verification.)
No. 626.
PLEA OF NONJOINDER OF A PARTY DEFENDANT.
Now comes the defendant in above cause, in answer to plaintiff's
petition, and says that the contract mentioned and set forth in said
petition, ff any such was ever made, was made by defendant jointly with
one , who is now living in the county of , and not
by this defendant alone, and this he is ready to verify.
TEXAS CIVIL FORM BOOK. 517
I Wherefore, because the said is not named in plaintiffs
petition, defendant prays judgment of the court, and that he be dis-
missed with his costs, etc.
Attorney for Defendant.
(A*dd verification.)
No. 627.
PLEA OF PENDENCY OF ANOTHER SUIT.
Now comes the defendant, by his attorney, and says that before the
commencement of this suit the said plaintiff, on the .... day of ,
A. D. 19 . ., filed his petition in the Court of County,
Texas, against this defendant, for the same identical cause of action in
the petition in this present suit mentioned, as by the record and pro-
ceedings thereof remaining in the said Court of
County, more fully appears. And' the said defendant further says that
the parties in this and the said former suit are the same, and not other
or different persons, and that the supposed cause of action in this and
the said former suit are the same, and not other or different causes of
action, and the said former suit so brought and prosecuted against
the said defendant by the said plaintiff as aforesaid is still pending in
said court aforesaid, and this he is ready to verify.
"Wherefore defendant prays judgment of the court, and that he be
dismissed with his costs, etc.
Attorney for Defendant.
(Add verification.)
No. 628.
PLEA OF GENERAL DENIAL.
Now comes the defendant in the above cause, by his attorney, and
denies all and singular the allegations in plaintiff's petition, and of this
he puts himself upon the country.
Wherefore defendant prays judgment of the court that he be dis-
charged with his costs, etc.
Attorney for Defendant.
518 TEXAS CIVIL FORM BOOK.
No. 629.
PLEA OF COVERTURE OF DEFENDANT.
Now comes the defendant in the above cause, by her attorney, and
aays that she, the said defendant, before and at the time of making of
the said several supposed promises and undertakings in said petition
mentioned, was and still is the wife of one , who now
resides in the county of , and this she is ready to verify.
Wherefore defendant prays judgment of the court, that she be dis-
charged with her costs, etc.
Attorney for Defendant.
No. 630.
PLEA OF INFANCY OF DEFENDANT, WHO IS STILL A MINOR.
Now comes the defendant in the above cause, by ,
appointed by the court as guardian ad litem of the said defendant, to
defend for the said defendant in this cause, who is a minor under the
age of twenty-one years, and says that the said defendant, at the time
of making of the several supposed promises and undertakings in said
petition mentioned, was a minor under the age of twenty-one years,
to wit, of the age of .... years, and this he is ready to verify.
Wherefore he prays judgment of the court that defendant be dis-
charged with his costs, etc.
Guardian ad litem for Defendant.
No. 631.
PLEA OF FORMER JUDGMENT.
vs No In Court of
County, Texas.
Now comes , defendant in the above cause, by his attor-
ney, and says that heretofore, to wit, at the term, A. D. 19 . . , of
the court in and for the county of , in the State of
Texas, in a certain ' suit therein pending, No on the docket of
said court, wherein the said was plaintiff and the said
was defendant, and for the same cause of action in said
petition mentioned, the said plaintiff recovered judgment against said
defendant for the sum of dollars and costs of suit, as by the
TEXAS CIVIL FORM BOOK. 519
record and proceedings thereof more fully appears ; which said judgment
still remains in full force and effect, in nowise reversed, satisfied or
made void, and this the said defendant is ready to verify by the said
record, to which reference is hereby made.
Wherefore he prays judgment of the court that plaintiff take nothing
by his suit, and that defendant be discharged with his costs, etc.
Attorney for Defendant.
No. 632.
PLEA OF ACCOUNT STATED AND EXECUTION OF NOTE.
Now conies , the defendant in above cause, by his
attorney, and represents to the court that after the accrual of the cause
of action mentioned in plaintiff's petition, and before the commence-
ment of this suit, to wit, on the .... * day of , A. D. 19 . . , an
account was had and stated by and between the said plaintiff and
defendant, of and concerning the said several sums of money in the
said petition mentioned, a copy of which account is herewith filed,
marked Exhibit " A," and made a part of this answer, and upon that
occasion he, the said defendant, was then found in arrears and indebted
to plaintiff in the sum of dollars, for which sum defendant then
made and delivered to plaintiff his certain promissory note in writing,
bearing date on the .... day of , A. D. 19. ., whereby he, the
said defendant, promised to pay to the plaintiff, or his order, on the
.... day of , A. D. 19 . . , the sum of dollars aforesaid, and
the said plaintiff then and there accepted and received the said prom-
issory note in satisfaction of the said sum of dollars due as afore-
said; and by reason thereof he, the said defendant, then and there
hecame and still is liable to pay the said sum of dollars in said
promissory note mentioned according to the tenor and effect thereof,
and this he is ready to verify.
Wherefore defendant prays judgment of the court that plaintiff take
nothing by this suit, and that defendant be discharged with his costs, etc.
Attornev for Defendant.
520 TEXAS CIVIL FORM BOOK.
No. 633.
PLEA OF RELEASE.
Now comes the defendant in the above cause, by his attorney, and
represents to the court that after the accrual of the cause of action
mentioned in plaintiff's petition, and before the commencement of this
suit, to wit, on the .... day of , A. D. 19 . ., the said plaintiff, for
a valuable consideration, by his certain writing of release, dated on the
.... day of , A. D. 19. ., did release and forever quitclaim unto
this defendant all causes of action, claims and demands which he, the
said plaintiff, then had against the said defendant, for any matter,
cause or thing whatsoever, and in particular did then and there release
to the said defendant the cause of action set out in his petition, and this
he is ready to verify.
Wherefore defendant prays judgment of the court that plaintiff take
nothing by his suit, and that he be discharged with his costs, etc.
Attorney for Defendant.
No. 634.
PLEA OF COUNTERCLAIM.
Now comes the defendant in the above cause, by his attorney, and
says that the said plaintiff, before and at the time of the commencement
of this suit, to wit, on the .... day of , A. D. 19. ., was and still
is indebted to this defendant in the sum of dollars, for divers
goods, wares and merchandise, specified in the account hereto attached,
marked Exhibit "A" and made a part of this answer, sold and delivered
by this defendant to said plaintiff at his special instance and request,
in consideration whereof the said plaintiff promised and became liable
and bound to pay defendant the prices charged therefor in said account
mentioned, which said sum of money so due and owing to this defendant
as above set forth exceeds the damages sustained by the said plaintiff
by reason of the matters alleged in his petition, and out of which said
sum this defendant is ready and willing, and hereby offers to offset and
allow to the said plaintiff the full amount of his said damages, and this
he is ready to verify ; and for the sum of dollars, due and owing
this defendant as aforesaid, after allowing and offsetting the damages
aforesaid of said plaintiff, this defendant prays judgment and for costs
of suit, etc.
Attorney for Defendant.
R. S. Arts. 750-755 (645-650).
TEXAS CIVIL FORM BOOK. 521
No. 635.
PLEA OF TENDER.
vs. . No. . In . . Court of .
County, Texas.
Now comes the defendant in the above cause, by his attorney, and
denies all and singular the allegations in plaintiff's petition, except as
to the sum of dollars (the amount tendered), and of this he puts
himself upon the country.
Wherefore he prays judgment of the court, etc.
Attorney for Defendant.
And for further plea in this behalf, defendant says that when the said
sum of dollars, part of the sum of money mentioned in plaintiff's
petition, became due and payable, he, the said defendant, was and from
thence hitherto has been and still is ready and willing to pay the same;
and that heretofore, before the commencement of this suit, to wit, on
the .... day of , A. D. 19 . ., he tendered and offered to pay to the
said plaintiff the said sum of dollars, to receive which of the said
defendant the said plaintiff then and there wholly refused ; and the said
defendant now brings the said sum of dollars so tendered into
court here, ready to be paid to the said plaintiff, if he will accept the
same, and this he is ready to verify.
Wherefore he prays judgment of the court that he be discharged with
his costs, etc.
Attorney for Defendant.
No. 636.
PLEA OF NON EST FACTUM.
Now comes , defendant in the above cause, in answer to
plaintiff's petition, and says that the note or instrument in writing
mentioned in said petition was not signed or executed by him, nor by
any person authorized by him to sign or execute it for him; that said
instrument of writing was made without defendant's knowledge or
consent, and that he has never at any time since ratified or confirmed
the same.
Wherefore defendant says that said note or instrument in writing is
not his act and deed, and of this he puts himself upon the country.
(Add verification.)
522 TEXAS CIVIL FORM BOOK.
No. 637.
PLEA OF ACCORD AND SATISFACTION.
Xow comes the defendant in the above cause, by his attorney, and
says that before the commencement of this suit, to wit, on the .... day
of , A. D. 19. ., he, the said defendant, paid to the said plaintiff
the sum of dollars, in full satisfaction and discharge of the cause
of action in said petition mentioned, and of all damages by the said
plaintiff sustained by reason thereof, which said sum of dollars
the said plaintiff then and there accepted and received of and from the
said defendant, in full satisfaction and discharge of his said cause of
action, and of the damages by the said plaintiff sustained, and this he
is ready to verify.
Wherefore defendant prays judgment of the court that he be dis-
charged with his costs, etc.
Attornev for Defendant.
No. 638.
PLEA OF FAILURE OF CONSIDERATION.
.Now comes the defendant in the above cause, in answer to plaintiff's
pt'ti (.ion (or cause of action, if pleading is oral), and says that heretofore,
to wit, on the .... day of , A. D. 19. ., plaintiff sold to defendant
a certain (here describe the property sold), for the sum of
dollars, for which defendant executed and delivered to plaintiff
the ?aid promissory note described in plaintiff's petition; that at the
time of said sale and the execution of said note, and in consideration
thereof, plaintiff warranted said to perform (or work) well,
and afterward, on or about the .... day of , A. D. 19. ., said
was fairly tried and used, but did not perform (or work) well,
and was and is utterly worthless and of no value to defendant (or here
state such facts of warranty and failure as may be applicable to the case),
all of which plaintiff then and there had notice.
That afterward, to wit, on the .... day of , A. D. 19. ., de-
fendant offered to return said to the plaintiff, who then and
there refused to receive the same. Wherefore defendant says that the
consideration for which said note was given has wholly failed, and this
he is ready to verify.
Wherefore defendant prays judgment of the court that plaintiff take
nothing by his suit and that he be discharged with his costs, etc.
Attorney for Defendant
(Above plea must be sworn to.)
R. S. Art. 314 (272).
TEXAS CIVIL FORM BOOK. 523
No. 639.
EXCEPTION AND PLEA OF LIMITATION,
vs No. . In . . Court of .
County, Texas.
Now comes the defendant in the above cause, by his attorney, and
excepts to plaintiff's petition in this, that it appears therefrom that
plaintiff's cause of action as therein stated accrued more than
years before the commencement of this suit, and the same is barred by
the statute of limitation, and of this he prays judgment of the court.
And for answer ^herein, if such be necessary, defendant says that
plaintiff's cause of action, if any he had, accrued more than
years before the commencement of this suit, and the same is barred by
limitation, and this he is ready to verify.
Wherefore defendant prays judgment of the court that plaintiff take
nothing by his suit, and that he be discharged with his costs, etc.
Attornev for Defendant.
R. S. Art, 3371 (3220).
No. 640.
ANSWER CONTAINING GENERAL AND SPECIAL EXCEPTIONS AND
GENERAL DENIAL.
vs No In Court of
County, Texas.
Now comes defendant in the above cause, by his attorney, and excepts
to -plaintiff's petition herein, and says that the same is not sufficient in
law to require him to answer, and should be dismissed.
Wherefore defendant prays judgment of the court, and that he be
discharged with his costs, etc.
Attorney for Defendant.
And for special cause of exception defendant shows the following:
(here set out fully the special grounds of exceptions, giving
the number of each, if more than one).
Wherefore defendant prays judgment of the court, etc.
Attorney for Defendant.
And for answer herein, if such be necessary, without waiving any of
his exceptions herein but still insisting on the same, this defendant
denies each and every allegation in plaintiff's petition contained, and
524 TEXAS CIVIL FORM BOOK.
says that the same are not true in whole or in part; and of this he puts
himself upon the country.
Wherefore defendant prays judgment of the court that plaintiff take
nothing by his suit, and that he go hence without day with his costs, etc.
Attorney for Defendant.
No. 641.
FORM OF ANSWER OF RAILWAY COMPANY FOR INJURIES BY COLLI-
SION AT INTERSECTION OF ROADS.
vs No In Court of
County, Texas, Term, A. D. 19 ..
Now comes the defendant, hy its attorney, and excepts to plaintiff's
original petition herein filed, and says the same is insufficient
in law, and should be stricken out.
-Wherefore he prays judgment of the court, etc.
Attorney for Defendant.
And for special exceptions herein, defendant says:
1. Said petition on its face shows that plaintiff was guilty of con-
tributory negligence which was. the proximate cause of the injuries
complained of by plaintiff in his said petition.
2. That part of plaintiff's said petition which alleges that defendant's
riidc track of the " road " and of the placing of
box cars thereon by defendant, are improper and ought to be stricken
out, because defendant has the legal right to have said side tracks
thereat and to place its box cars thereon without increasing its liability
to plaintiff, and without devolving upon it any greater duties to plaintiff
in the matters alleged in his petition.
Wherefore defendant prays judgment of the court, etc.
Attorney for Defendant.
And for answer herein, if such be necessary without waiving any of
his exceptions herein, defendant denies all and singular the allegations
contained in plaintiff's said petition, and says that the same are not true
in whole or in part, and of this it puts itself upon the country.
Wherefore defendant prays judgment of the court, etc.
Attorney for Defendant.
TEXAS CIVIL FORM BOOK. 525
And further answering to said petition, defendant says that plaintiff,
nt the time of the alleged accident, was engineer of the " Rail-
way Company's train," which collided with the box car on defendant's
road at the crossing of said company's track at , and that
plaintiff contributed to said accident and to his own injuries, if any he
suffered, by running the said engine and train of which he was engineer
nt an unusual and unlawful rate of speed, to wit, at the rate of
miles per hour, when the ordinance of the city of , within whose
corporate limits said collision occurred and the rules of both of said rail-
way companies, aforesaid, forbade the running of any trains within the
corporate limits of said city at a higher rate of speed than miles
per hour, and the said ordinance of said city affixed a penalty for the vio-
lation thereof, and that there had been, up to a few iours before the said
collision, kept and maintained at said crossing, jointly by said two
railway companies, a crossing gate, but which gate was then and there
torn down, and which fact was known to plaintiff or could have been
known to him by the exercise of ordinary care, as he passed said crossing
frequently, and which fact of said gate being torn down was unknown
to defendant's crew at the time of said alleged accident, who had not
passed said crossing for some time prior to said alleged collision; and
that plaintiff knowing that said gate was down and that there was no
flagman at said crossing or other device for giving a signal thereat,
should have taken such steps as were reasonably necessary to satisfy
himself that said crossing was clear and that no train was approaching
thereto from defendant's road before entering upon said crossing; that
notwithstanding plaintiff's knowledge of these facts and of his duty, as
aforesaid, and while so running said train toward said crossing, he
failed to stop his train before entering upon said crossing, as required
by law and by the rules of both of said companies, and failed to give
any signal by whistle or bell or otherwise, as required by law and by
the rules of both of said companies, and failed to use any care or pre-
caution to prevent said collision, and ran into defendant's box car while
running at said high rate of speed, and while defendant's box car was
then and there on the crossing and entitled to the right of way at said
crossing, and was then being properly and carefully handled bv defend-
ant's agents and servants, who were careful and skillful trainmen, the
law and said rules above mentioned requiring that plaintiff, under the
circumstances mentioned, should have brought his train to a full stop
and should have given signals by whistle and bell before approaching
said crossing and at a reasonably safe distance therefrom, all of which
plaintiff then and there failed and refused to do, and in these particulars
he was guilty of gross contributors negligence which caused the collision,
and approximately caused the injuries complained of, if anv he received,
and that plaintiff prior to said accident was in the habit of passinsr said
crossing at an unlawful hnd unusual rate of speed, as aforesaid, without
stopping or giving signals, as required by law and the rules of said
526 TEXAS CIVIL FORM BOOK.
companies, and plaintiff was careless, unskillful and negligent in the
operation of his said engine, and that by reason of the premises he is not
entitled to recover any damages herein.
Wherefore defendant prays judgment of the court, etc.
Attornev for Defendant.
No. 641 1-2.
ANSWER— TRESPASS TO TRY TITLE— PLEA OF NOT GUILTY.
vs Xo In Court of
County, Texas.
Now comes the defendant in the above entitled and numbered cause,
by his attorney, and says that he is not guilty of the injury complained
of in the petition filed by the plaintiff against him, and of this he puts
himself upon the country.
Wherefore he prays judgment of the court that he go hence without
day, and recover of plaintiff all costs in this behalf incurred.
Attorney for Defendant.
R. S. Art. 5256 (4792).
Under such plea of not guilty the defendant may give in evidence any
lawful defense to the action, except the defense of limitation, which
shall be specially pleaded.
R. S. Art. 5257^(4793).
If the defendant claims an allowance for improvements he shall state
the facts entitling him to the same.
Such plea or any other answer to the merits shall be an admission by
the defendant, for the purpose of that action, that he was in the pos-
session of the premises sued for, or that he claimed title thereto at the
time of commencing the action, unless he states distinctly in his answer
the extent of his possession or claim, in which case it shall be an admis-
sion to such extent only.
R. S. Art. 5258 (4794).
Where the defendant claims part of the premises only, the answer
shall be equivalent to a disclaimer of the balance.
R. S. Art. 5269 (4805).
TEXAS CIVIL FOKM BOOK. 527
No. 642.
PLEA FOR VALUABLE IMPROVEMENTS MADE IN GOOD FAITH.
. vs. Xo. . In District Court of .
County, Texas.
Xow comes the defendant in the above entitled and numbered cause,
by his attorney, and represents to the court that he and those under
whom he claims have had adverse possession, in good faith, of the
premises in controversy and described in plaintiff's petition, for more
than one year next before the commencement of this suit.
That on or about the .... day of , A. D. 19 . . , one
was in possession of said premises claiming under a regular chain of
title from one , to whom said land was granted by the
State of Texas by patent, and said premises were sold under an execu-
tion issued out of the Court of County, Texas, under
a judgment rendered in said court on or about the .... day of ,
A. D. 19.., in a suit tjierein pending, wherein was
plaintiff and said was defendant, and be-
came the purchaser thereof at said sale, and received a deed therefor, duly
executed by the officer making said sale; that afterward said ,
by his deed duly executed, conveyed the said premises to this defendant,
for a valuable consideration paid to him by this defendant, and this
defendant believed, and had good reason to believe, that he therelry
acquired a good and valid title thereto. And defendant further says that
be and those under whom he claims have made permanent and valuable
improvements on said land and premises during the time they have had
such possession, as follows, to wit (here state the improve-
ments made, stating the items and value specifically).
Wherefore defendant prays the court that he may have judgment for
the value of said improvements aforesaid, should judgment bo herein
rendered for plaintiff for said premises, or any part of the same, on
which said improvements are situated, etc.
Attorney for Defendant.
R. S. Art. 5277 (4813).
No. 643.
PLEA OF THREE YEARS' POSSESSION AND LIMITATION.
. vs. Xo. ... In District Court of . .
County, Texas.
Xow comes the defendant, and for further plea in this behalf, and
says that plaintiff ought not to have and irtSiintain his aforesaid cause
of action against him, because he says that he has had and held pence-
able, continuous and adverse possession under title (or color of title)
528 TEXAS CIVIL FORM BOOK.
from and under the State of Texas, of the lands and tenements claimed
in said plaintiff's petition, for more than three years after plaintiff's
cause of action accrued, and before the commencement of this suit, and
this -he is ready to verify.
Wherefore he prays judgment of the court that plaintiff take nothing
by his suit, that he go hence without day and recover of the plaintiif all
costs in this behalf expended, etc.
Attorney for Defendant.
R, S. Art. 3340 (3191).
No. 644.
PLEA OF THREE YEARS' POSSESSION AND LIMITATION AS TO PART,
NOT GUILTY AS TO THE RESIDUE.
Now comes the defendant, and for further plea in this behalf, and
says that plaintiff ought not to have and maintain his aforesaid cause
of action against him, because he says that, claiming to be the true and
lawful owner of acres of land situated in County,
Texas, out of the survey, with metes and bounds as follows :
(here describe the land), he has had and held under color of
title, from and under the State of Texas, peaceable, continuous and
adverse possession of the lands and tenements above described, for a
period of more than three years after plaintiffs cause of action accrued,
and before the commencement of this suit; and further says that he is
not guilty of any of the said supposed wrongs, injuries and trespasses
in said plaintiff's petition complained of against him, in manner and
form as therein alleged, all of which he is ready to verify.
Wherefore defendant prays judgment of the court, that plaintiff take
nothing by his suit, that he go hence without day, and recover of the
plaintiff all costs in this behalf expended, etc.
Attorney for Defendant.
No. 645.
PLEA OF FIVE YEARS' POSSESSION AND LIMITATION.
Now comes the defendant, and for further plea in this behalf and says,
that plaintiff ought not to have and maintain his aforesaid cause of
action against him, because he says that he (and those whose estate he
has), claiming the same under a deed (or deeds, as the case may be),
duly registered, has had peaceable, continuous and adverse possession
of the lands and tenements claimed in said plaintiff's petition, culti-
TEXAS CIVIL FOBM BOOK. 529
vating (or using or enjoying) the same, and paying all taxes due thereon,
for a period of more than five years after plaintiff's cause of action
accrued, and before the commencement of this suit, and this he is ready
to verify.
Wherefore defendant prays judgment of the court, etc.
R. S. Art. 3342 (3193). Attorney for Defendant.
No. 646.
PLEA OF TEN YEARS' POSSESSION AND LIMITATION.
Now comes the defendant, and for further plea in this behalf and
says, that plaintiff ought not to have and maintain his aforesaid cause of
action against him, because he says that he, claiming to have good and
perfect right and title to the land, situated in County, Texas,
bounded and described as follows, to wit (here describe the
land so as to include the improvements), being part of the lands and
tenements claimed in said plaintiffs petition, has had and held peace-
ably the land claimed, and adverse possession of the same, cultivating,
using or enjoying the same for a period of more than ten years after
plaintiff's cause of action accrued and before the commencement of this
suit, and this he is ready to verify.
Wherefore defendant prays judgment of the court, etc.
R. s. Art. 3343 (3194). Attorney for Defendant.
No. 647.
PLEA OF TITLE UNDER WRITTEN MEMORANDUM AND TEN YEARS'
POSSESSION WITHOUT INCLOSURE OF THE WHOLE.
Now comes the defendant in the above cause, and for further plea in
this behalf, and says that plaintiff ought not to have and maintain his
aforesaid cause of action against him, because he says that he now has
and has had peaceable, continuous and adverse possession of the land
mentioned in plaintiff's petition, cultivating, using and enjoying the
same for the period of ten years after the plaintiff's cause of action
accrued, and before the commencement of this suit, taken and held
under a written memorandum of title, specifying the boundaries of said
tract, and duly recorded on the .... day of , A. D. 19. ., in the
office of the county clerk of County, Texas, and this he is ready
to verify.
Wherefore defendant prays judgment of the court, etc.
R. S. Art. 3344 (3195).
Form Book — 34.
530 TEXAS CIVIL FORM BOOK.
No. 648.
PLEA OF TITLE UNDER TEN YEARS' POSSESSION WITH INCLOSURE.
Now conies the defendant, and for further plea in this behalf, and
says that the plaintiff ought not to have and maintain his aforesaid
cause of action against him, because he says that he now has and has
had peaceable and adverse possession by an actual inclosure of the land
and tenements mentioned in plaintiff's petition, cultivating, using and
enjoying the same for the period of ten years after plaintiff's cause of
action accrued, and before the commencement of this suit, and this he
is ready to verify.
Wherefore defendant prays judgment of the court that plaintiff take
nothing by his suit, and that he go hence without day, and recover of
the plaintiff all the costs in this behalf expended, and for such relief
that he may be justly entitled to, etc.
Attorney for Defendant.
The peaceable and adverse possession contemplated in article 3343
(3194), as against the person having right of action, shall be construed
to embrace not more than one hundred and sixty acres, including the
improvements or the number of acres actually inclosed, should the same
exceed one hundred and sixty acres; but when such possession is taken
and held under some written memorandum of title, other than a deed,
which fixes the boundaries of the possessor's claim and is duly registered,
such peaceable possession shall be construed to be coextensive with the
boundaries specified in such instrument.
R. S. Art. 3344 (3195).
TEXAS CIVIL FORM BOOK. 531
SEQUESTRATION.
R. S. Arts. 4864-4888 (4489-4513).
In what cases writs of sequestration can issue.
R. S. Art. 4864 (4489).
No sequestration shall issue in any cause until the party applying
therefor shall file an affidavit in writing, stating, etc.
R. S. Art. 4865 (4490).
No. 649.
AFFIDAVIT FOR WRIT OF SEQUESTRATION.
The State of Texas, County of In District Court of
County, Texas, Term, A. D. 19 ..
vs
To the Honorable , Judge, or , Esq., Clerk of
said Court :
Now conies your petitioner, , plaintiff in the above
entitled cause, and applies for a writ of sequestration in this cause, and
says that she is the lawful wife of , defendant herein.
That on the .... day of , A. D. 19. ., she filed in this court this
suit against her husband, for divorce. That your petitioner is the
owner in her own separate right of separate property as follows
(here describe each article, with its value); that she is the owner in
her own separate right of the whole (or if an interest only, specify such
interest) of said described property, and is entitled to the possession
thereof. All of this said property, aggregating the value of
dollars, is situated in County, Texas.
Petitioner says that she fears her said husband, , will
remove her said separate property beyond the limits of said
County, during the pendency of said suit for divorce (or, as the case
may be, that she fears her said husband, pending said suit for divorce,
will waste her said property, or their common property, or the fruits or
revenues produced by either, or that he will sell or otherwise dispose
of it so as to defraud her of her just right to or in the same) ; wherefore
plaintiff prays that a writ of sequestration issue in this cause to the
sheriff or any constable of County, Texas, commanding him to
take into his possession the property herein described, and keep the same
subject to the further orders of this honorable court,, unless the same
be replevied according to law.
Sworn to and subscribed before me, this the .... day of
A. D. 19..
(Seal.)
R. S. Art. 4865 (4490).
632 TEXAS CiviL FORM BOOK.
No. 650.
AFFIDAVIT FOR SEQUESTRATION.
The State of Texas, County of In District Court of
County, Texas, Term, A. D. 19. .
vs No
To the Judge or Clerk of said Court:
Now comes your petitioner, , plaintiff in the above
entitled cause, and applies for a writ of sequestration in this cause, and
says that on the .... day of , A. D. 19. ., he filed in this court
this suit against defendant, , for the title (or possession,
as the case may be) of the following described real property, situated in
County, Texas, to wit (here describe the property),
valued at the sum of dollars. Petitioner says that he is the owixer
of said property, and is entitled to the possession thereof; that your
petitioner fears the defendant, the said (or the person in
possession thereof, as the case may be), will make use of his possession
to injure such property (or waste or convert to his own use the fruits
or revenue produced by the same, as the case may be). Wherefore
plaintiff prays that a writ of sequestration issue in this cause to the
sheriff or any constable of County, Texas, commanding him to
take into his possession the property herein described, and keep the same
subject to the further orders of this honorable court, unless the same
be replevied according to law.
Sworn to and subscribed before me, this the .... day of
A. D. 19..
(Seal.)
R. S. Art. 48G4 (4489).
No. 651.
AFFIDAVIT FOR SEQUESTRATION.
vs No In Justice Court, Precinct
No , of County, Texas.
To ..." , Justice of the Peace of said Court :
Now comes , plaintiff in the above entitled and num-
bered cause, and applies for a writ of sequestration in this cause, and
says that on the .... day of , A. D. 19. ., he filed in this court
this suit against defendant, , f or the foreclosure of a mort-
gage (or the enforcement of a lien, as the case may be), executed by
in favor of , dated the .... day of ,
A. D. 19. ., on the following described personal property, to wit:
of the value of $ ; of the value of $ ; ,
TEXAS CIVIL FORM BOOK. 533
of the value of $ , of the total value of dollars ; said prop-
erty being situated in the county of , State of Texas, and being
in the possession of ; that he fears that the said ,
defendant (or person in possession thereof, as the case may be) will in-
jure (or ill treat, or waste, or destroy such property, or remove said prop-
erty out of the limits of County, Texas, during the pendency
of the suit, as the case may be) ; that said mortgage is a valid subsisting
lien on said property above described and is still in existence; that the
same is just and unsatisfied, and the amount of the same still unsatis-
fied is dollars, which was due on the .... day of , A. D.
19 . . ; that plaintiff, , is the legal owner and holder of said
debt and mortgage so sought to be enforced and foreclosed.
Wherefore plaintiff prays that a writ of sequestration issue in this
cause to the sheriff or any constable of County, Texas, com-
manding him to take into his possession the property herein described,,
and keep the same subject to the further orders of this court, unless the
same be replevied according to law.
Sworn to and subscribed before me, this the .... day of ,
A. D. 19..
(Seal.)
R. S. Art. 4864 (4489).
•
There are seven statutory grounds for sequestration, and the above
forms can be varied to suit the same.
No. 652.
BOND FOR SEQUESTRATION.
vs In Court of County,
Texas, Term, A. D. 19 ..
Know all men by these presents, that we, , as principal,
and and , as sureties, acknowledge ourselves
bound to pay to , defendant in the above entitled cause, the
sum of dollars, conditioned that the said will pay to
the defendant, , all damages that may be awarded against
him, and all costs, in case it shall be decided that the writ of sequestra-
tion in the said cause was. wrongfully issued.
Witness our hands this the .... day of , A. D. 19. .
Filed and approved this the .... day of , A. D. 19. .
R. S. Art. 4867 (4492).
534 TEXAS CIVIL FORM BOOK.
Said bond must be signed by two or more good and sufficient sureties
payable to the defendant for a sum of money not less than double the
value of the property, as stated in the affidavit, approved by the judge,
clerk or justice of the peace, as the case may be.
No. 653.
WRIT OF SEQUESTRATION.
vs No In Justice Court, Precinct
No County, Texas.
The State of Texas. To the Sheriff or any Constable of County
— Greeting :
Whereas, in the above entitled and numbered cause, now pending in
this court, , the plaintiff, has made affidavit against
, the defendant, showing that plaintiff has a valid sub-
sisting mortgage lien on the following described personal property, sit-
uated in County, Texas, to wit (here describe the
property); that he fears the defendant will injure said property, and
has given bond as required by law: You are therefore hereby com-
manded that you take possession of said above described property, if to
be found in your county, and keep the same subject to the future order
of our justice court of . precinct No , in and for the county of
, in said cause, unless the same be replevied according to law.
Herein fail not, but have you this writ, with your return thereon,
showing how you have executed the same, before our said court at its
next regular term, to be holden at , in said county of ,
on the .... day of , A. D. 19 ..
Witness my official signature at , this .... day of ,
A. D. 19..
Justice of the Peace, Precinct No , County, Texas.
R. S. Art. 4869 (4494).
TEXAS CIVIL FORM BOOK. 535
No. 654.
OFFICER'S RETURN.
Came to hand on the day of , A. D. 19. ., at o'clock
. . m., and executed the day of , A. D. 19. ., at .-. . . o'clock
. .m., by taking possession of the following described property, at
, in County, Texas, which is now retained in my
custody, to wit (here describe the property). (Or if defendant
has replevied: And the defendant having replevied the same and de-
livered to me his replevy bond, which is herein returned, he was per-
mitted to retain possession of the same.) The distance actually traveled
in the execution of such process is .... miles.
Sheriff (or Constable) of County, Texas.
No. 655.
REPLEVY BOND BY DEFENDANT.
vs No In Court (or Justice
Court, Precinct No , as the case may be),
County, Texas.
Whereas, in the above entitled and numbered cause a writ of seques-
tration, dated , ....... 19 .., was on the .... day of ,
A. D. 19.., issued out of said court in favor of the said plaintiff,
, and was placed in the hands of , sheriff
(or constable, as the case may be) of County, Texas, for ser-
vice who, under and by virtue of said writ of sequestration, on the ....
day of , A. D. 19 . . , took into his possession the following de-
scribed property, to wit (here describe the property), and
which said property has been appraised by said , sheriff
(or constable, as the case may be), at dollars:
Now therefore the said defendant, , having been per-
mitted by the said sheriff (or constable, as the case may be) to retain
possession of the said property, we, the said , as principal,
and and , as sureties, acknowledge ourselves
bound to pay '...., plaintiff in said cause, the sum of
dollars (not less than double the value of the property), conditioned that
the defendant (if the property seized be real estate, con-
dition must be: will not injure said property, and that he will pay the
value of the rents of the same in case he shall be condemned so to do)
will not remove said property out of the county of , State of
Texas (or will not commit the particular wrong charged in the affidavit
as feared), and that he will have said property, with the value of the
536 TEXAS CIVIL FORM BOOK.
fruits, hire or revenue thereof, forthcoming to abide the decision of the
court, or will pay the value thereof, and of the fruits, hire or revenue
of the same, in case he shall he condemned so to do.
Witness our hands this the .... day of , A. D. 19. .
Approved this the .... day of , A. D. 19. .
Sheriff (or Constable) County, Texas.
R. S. Art. 4873 (4498).
Bond in case of personal property, see R. S. Art. 4874 (4499).
Bond in case of real property, see R. S. Art. 4875 (4500).
No. 656.
REPLEVY BOND BY PLAINTIFF.
vs No. .... In Court,
County, Texas.
Whereas, in the above entitled and numbered cause a writ of seques-
tration, dated , . . . ., 19 . ., was on the .... day of ,
A. D. 19.., issued out of said court in favor of the said plaintiff,
, and was placed in the hands of , sheriff
(or constable, as the case may be) of County, Texas, for service,
who, under and by virtue of said writ of sequestration, on the .... day
of , A. D. 19. ., took into his possession the following described
property, to wit, (here describe the property), and which said
property has been appraised by said , sheriff (or constable,
as the case may be) at dollars; and said property having been de-
livered by the said , sheriff (or constable) as aforesaid, to
the said , plaintiff: Now therefore we, the said ,
as principal, and and , as sureties, acknowl-
edge ourselves bound to pay to the said , defendant, the
sum of dollars (double the value of the property), conditioned
that said property, together with the fruits, hire, revenue and rent of
the same, shall be forthcoming to abide the decision of the court.
Witness our hands this the .... day of ... ... ., A. D. 19. .
Approved this .... day of , A. D. 19. .
Sheriff (or Constable) County, Texas.
R. S. Art. 4880 (4505).
TEXAS CIVIL FORM BOOK. 537
If said property is not replevied by the defendant within ten days
after the levy of the writ, if such defendant, his agent or attorney, is
present in the county, or within twenty days if absent from the county
at the time of such levy, said property may be replevied by the plaintiff.
No. 657.
APPLICATION FOR ORDER OF SALE OF PERISHABLE PROPERTY.
vs No In Court,
County, Texas, Term, A. D. 19 ..
Now comes , plaintiff (or , defendant, as
the case may be) in the above entitled and numbered cause, and makes
this application to the court for a sale of the following described prop-
erty, seized by the sheriff (or constable, as the case may be) of
County, Texas, on the day of , A. D. 19. ., under a writ of
sequestration issued in said cause, to wit, (here describe
the property). Being duly sworn, applicant says that ten days expired
since the levy of said writ of sequestration and that the said property
has not been replevied, but remains in the hands of the said sheriff
(or constable, as the case may be), and that said property (or some
specified part thereof) is likely to be wasted (or destroyed, or become
greatly depreciated in value) by keeping, and that the debt sued for in
said cause had become due on the .... day of , A. D. 19. ., and is
now due and payable (or is not yet due, but will be due on the ....
day of , A. D. 19..).
Sworn to and subscribed before me, this the day of ,
A. D. 19..
(Seal.)
I certify that the above affidavit is true.
Sheriff (or Constable) County, Texas.
R. S. Art. 4883 (4508).
538 TEXAS CIVIL FORM BOOK.
No. 658.
ORDER OF JUDGE HEREON.
The State of Texas, County of .- . In Vacation, this .... day of
, A. D. 19..
The above and foregoing affidavit and certificate being this day pre-
sented and considered by the court, it is ordered that the sheriff (or
constable) of County, Texas, proceed to sell the property
described in said affidavit, as under execution, and that he make due
return thereof according to law, pursuant to an order of sale to be
issued.
Judge Court County, Texas.
R. S. Art. 4883 (4508).
If the suit is on demand not due, the above order should further state :
'~ And it appearing to the court that said demand is not yet due, it is
further ordered that a credit be given to the purchaser at the sale until
said demand becomes due, on, to wit, the .... day of , A. D. 19. .
R, S. Art. 4886 (4511).
No. 659.
ORDER OF SALE.
The State of Texas. To the Sheriff of County, Texas -
Greeting :
, plaintiff (or , defendant, as the case may
be) in cause No , vs , pending in the
Court of County, Texas, having applied for and
obtained an order to sell certain property seized by you under and by
virtue of a writ of sequestration issued out of said court in said cause,
the said property being described as follows (here describe the
property) :
Now therefore you are commanded to sell said property as under
execution, first giving ten days' notice of the time and place of sale, as
required by statute. (If suit is for debt not due, "you are further com-
manded to make said sale on credit, until the .... day of ,
A. D. 19. ., taking a bond from the purchaser, with two or more good
and sufficient sureties, payable to you as sheriff of County,
Texas, in the sum of dollars (not less than double the amount of
the purchase money), conditioned that such purchaser shall pay such
purchase money at the expiration of the time given.")
TEXAS CIVIL FORM BOOK. 539
Herein fail not, and within five days after making such sale you will
pay the proceeds of the same to the clerk of our said court (or return
the bond of the purchaser, as the case may be), and have you then and
there this writ, with your return thereon, showing how you have exe-
cuted the same.
Witness , Clerk of the Court of
County, Texas, this the .... day of , A. D. 19. .
Clerk Court, County, Texas.
Issued this the day of , A. D. 19 . .
Clerk Court, County, Texas.
R. S. Art. 4884 (4509).
SHERIFF'S RETURN.
Came to hand on the .... day of , A. D. 19 . ., at . . . o'clock
. . m., and executed by selling the following described property, to wit :
(here describe the property), on the .... day of ,
A. D. 19. ., at the courthouse door of the county of , first
having given notice of the time and place of said sale for ten consecutive
days, by posting written notice at three public places in said county, one
of which was at the courthouse door of said county, at which sale said
property was struck off to for the sum of dollars,
he being the highest bidder therefor, and I herewith return the proceeds
of said sale, to wit. the sum of dollars (or the bond of the pur-
chaser) into court.
Sheriff County, Texas.
R. S. Art. 4885 (4510).
No. 660.
BOND OF PURCHASER.
ve No In Court,
County, Texas.
AVhereas, under an order of sale issued out of said court in said cause,
on the .... day of A. D. 19. ., the following described property
(here describe the property), seized by , sheriff (or
constable) of County, Texas, under and by virtue of a writ of
sequestration, issued in said cause, was, on the .... day of ,
A. D. 19. .. by the said sheriff (or constable) sold on credit until the
.... day of A. D. 19. . (here give the date when plaintiff's debt
matures) to for the sum of dollars: N"ow there-
540 TEXAS CIVIL FORM BOOK.
fore we, , as principal, and and . . . . ,
as sureties, acknowledge ourselves bound to pay to the sheriff (or con-
stable) of County, Texas, the sum of dollars (double
the amount of the purchase money), conditioned that the said
shall pay said purchase money at the expiration of the time given, to
wit, on the .... day of , A. D. 19. .
Approved this the .... day of , A. D. 19. .
Sheriff (or Constable) County, Texas.
R. S. Art. 4887 (4512).
Said bond shall be in a sum of not less than double the amount of
the purchase money, and shall be returned by the officer taking the same
to the court issuing the order of sale.
R. S. Art. 4888 (4513).
PERSONAL ATTENDANCE OF WITNESSES.
R. S. Arts. 2264-2272 (2209-2217).
No. 661.
SUBPCENA.
The State of Texas. To the Sheriff or any Constable of County.
— Greeting :
You are hereby commanded that you summon to be and
appear before the Court of County, to be held at the
courthouse in the town of , in said county, on the .... day of
, A. D. 19. ., then and there to testify as a witness in behalf of
the plaintiff (or defendant, as the case may be), in a certain suit now.
pending in said court, wherein is plaintiff and
is defendant,, and that he continue his attendance from day to day and
from term to term, until discharged by the court.
Herein fail not, but have you then and there before said court this
writ, with your return thereon, showing how you have executed the same.
Witness my official signature at , on this the .... day of
, A. D. 19..
Clerk of Court, County, Texas'.
R. S. Art. 2265 (2210).
TEXAS CIVIL FORM BOOK. 541
INDORSEMENT ON SUBPOENA.
File No In Court, County vs.
Subpoena. Witnesses: ,
Issued on the .... day of , A. D. 19 . . , Clerk.
By , Deputy.
OFFICER'S RETURN.
Came to hand on the .... day of , A. D. 19 .., at .... at ....
o'clock . .m., and executed on the .... day of , A. D. 19. ., at
.... o'clock . .m., by reading the within subpoena to , the
within named witness, at , in County, Texas. The
distance traveled in the execution of such process is . , . . miles.
Sheriff of County.
By , Deputy Sheriff.
11. S. Art. 2266 (2211).
No. 662.
SUBPCENA —JUSTICE'S COURT.
The State of Texas. To the Sheriff or any Constable of County
— Greeting :
You are hereby commanded that you summon , if to be
found in your county, to be and appear before the undersigned, a justice
of the peace of County, at my office in precinct No at
, in said county, on the .... day of , A. D. 19. ., then
and there to testify in behalf of the in a suit now pending be-
fore me, wherein is plaintiff and is defendant,
and that he continue his attendance from day to day and from term
to term of said court until duly discharged.
Herein fail not, but have you before said court this writ, with your
return thereon, showing how you have executed the same.
Given under my hand at office, in precinct No this the day
of , A. D. 19..
Justice of the Peace, Precinct Xo , County, Texas.
R. S. Art. 2266 (2211).
54:2 TEXAS CIVIL FORM BOOK.
No. 663.
SUBP(ENA DUCES TECUM.
The State of Texas. To the Sheriff or any Constable of County,
said State — Greeting :
You are commanded to summon to be and appear before
the Court of County, to be held at , in said
county, on the. . . . day of , A. D. 19 . ., then and there to testify
as a witness in behalf of the in a civil action pending in said
court, entitled and numbered on the civil docket of said court,
vs , No , and that he bring with him and produce in said
court, at said time and place, a certain (here describe the in-
strument to be produced), desired as evidence in said civil action, to wit :
in a certain suit now pending in said court, wherein is
plaintiff and is defendant, and that he continue his at-
tendance from day to day and from term to term, until discharged by
the court.
Herein fail not, but of this writ make due return, showing how you
have executed the same.
Witness my official signature at , on this the .... day of
, A. D. 19..
Clerk Court, County, Texas.
By , Deputy.
No. 664.
ATTACHMENT FOR WITNESS DISOBEYING A SUBPffiNA.
The State of Texas. To the Sheriff or any Constable of County
— Greeting :
You are hereby commanded that you attach , and bring
him forthwith personally before our Court, held in and for
the county of , at the courthouse thereof on the .... day of
, A. D. 19. ., to answer for certain contempts against said court
in not obeying a writ of subpoena, commanding him to appear at the
courthouse thereof, in the town of , on the .... day of ,
A. D. 19. ., before said court (or if before a justice of the peace, add:
at my office, instead of at the courthouse, and before me, instead of
before said court), to testify in a suit there to be tried between ,
plaintiff, and , defendant, on the part of the plaintiff (or
defendant, as the case may be) ; and you are further commanded to
detain him in your custody until he shall be duly discharged.
TEXAS CIVIL FORM BOOK. 543
Herein fail not, but of this writ, and how you have executed the same,
make due return.
Witness , Clerk of the Court of County.
Given under my hand and the seal of said court, at office in the town
of this day of , A. D. 19 . .
(Seal.)
Clerk of Court, County.
Issued this .... day of , A. D. 19. .
Clerk of Court, Count v.
R. S. Art. 2267 (2212).
RETURN TO THE FOREGOING ATTACHMENT.
Came to hand on this the .... day of , A. D. 19 ., at
ox-lock . . m., and executed on the .... day of , A. D. ]!>.., at
in County, Texas, by arresting , the
within named witness, as I am within commanded, and have him now
before the court, this the .... day of , A. D. 19. . The distance
actually traveled in the execution of such process is mile?.
Sheriff of County.
RETURN WHEN THE WITNESS IS SICK.
At the delivery of the within attachment to me for execution, the
within named witness then Avas, and still continues, so sick and unwell
that it would be dangerous to bring him before the court here, as I am
within commanded; wherefore I have not the body of the said defendant
before the court now here, according to the command of the within
attachment, this .... day of , A. D. 19. .
Sheriff of County.
Witnesses shall be allowed one dollar per day for each and every day
they may be in attendance on the court, and six cents for every mile
they have to travel in going to and returning therefrom.
R. S. Art. 2268 (2213).
No fine shall be' imposed, nor shall such attachment issue in a civil
suit until it shall be shown to the court, by affidavit of the party, his
agent or attorney, that his lawful fees have been paid or tendered to
t-uch witness.
R. S. Art. 2267 (2212).
544 TEXAS CIVIL FORM BOOK.
No. 665.
ATTACHMENT OF A WITNESS FOR REFUSING TO TESTIFY.
The State of Texas. To the Sheriff or any Constable of County
— Greeting :
Whereas, on the trial of the cause before me, on the .... day of ,
A. D. 19 . . , between , plaintiff, and ,
defendant, being called as a witness in behalf of the
, and, being present, refused to be sworn as a witness in any
form prescribed by law (or being called and sworn as a witness in
behalf of the , and on his examination as such witness, was
asked by the the following pertinent and proper question, viz :
(here state the question asked) ; to which question the said
refused to make any answer) : Now therefore you are
hereby commanded to take the said into your custody, and
him safely keep in the jail of your county, without bail, until he shall
submit to be sworn as a witness as aforesaid (or until he shall consent
to answer the question put to him as aforesaid), or be discharged by due
course of law.
Herein fail not, but of this writ, and how you have executed the same,
make due return.
Witness , Clerk of the Court of County.
Given under my hand and the seal of said court, at office in the town
of , this' day of , A. D. 19. .
Clerk of Court, County, Texas.
Issued .... day of , A. D. 19. .
Clerk Court of County.
R. S. Art. 2269 (2214).
RETURX TO THE FOREGOIXG ATTACHMENT.
Came to hand this the .... day of , A. D. 19 . ., at ... o'clock
. . m., and executed on the . .,. . day of , A. D. 19 . ., at ,
in County, Texas, by arresting , the within
named witness, as I am within commanded and have him now in my
custody in the county jail of this county, this .... day of , A. D.
19.. The distance actually traveled in the execution of such process
is . . miles.
Sheriff of County.
TEXAS CIVIL FORM BOOK. 545
No. 666.
SUMMONS FOR JURY— JUSTICE COURT.
The State of Texas. To the Sheriff or any Constable of County
— Greeting :
You are hereby commanded to summon .... legally qualified jurors,
to be and appear before me, the undersigned, a justice of the peace of
precinct Xo , in and for said county, at my office in the town of
, on the .... day of , A. JJ. 19. ., at .... o'clock . .m.,
then and there to serve as jurors in a suit now pending before me,
wherein is plaintiff and is defendant.
Herein fail not, but have you then and there this writ, with your
return thereon, showing how you have executed the same.
Witness my hand this .... day of , A. D. 19 ..
Justice of the Peace, Precinct No , County.
R. S. Art. 1619 (1589).
No. 667.
OATH OF OFFICER RECEIVING VENIRE.
You do solemnly swear that you will, to the best of your skill and
ability, and without bias or favor toward any party, summons such
jurors as may be ordered by the court; that you will select none but
impartial, sensible and sober men, having the qualifications of jurors
under the law; that you will not directly or indirectly converse or com-
municate with any juryman touching any case pending for trial; and
that you will not, by any means, attempt to influence, advise or control
any juryman in his opinion, in any case which may be tried by him,
so help you God.
R. S. Art. 1620 (1590).
No. 668.
OATH OF JURY.
You and each of you do solemnly swear that in all cases between
parties which shall be to you submitted, you will a true verdict render
according to the law and the evidence, so help you God.
R. S. Art. 1637 (1607).
Form Book — 35.
546 TEXAS CIVIL FORM BOOK.
No. 869.
RETURN OF OFFICER SUMMONING JURY.
Came to hand the .... day of , A. D. 19. ., at .... o'clock
. .m., and executed on the .... day of , A. I). 19 . . , at ,
in County, Texas, by reading the within summons to
(here give the names of persons summoned), the above summoned
jurors.
Returned on this the .... day of , A. D. 19. . The distance
actually traveled in the execution of such process is .... miles.
Officer's fees, $
Constable of County, Texas.
R. S. Art. 1622 (1592).
TRIAL OF THE RIGHT OF PROPERTY.
R. S. Arts. 5286-5312 (4822-4847).
No. 670.
AFFIDAVIT OF CLAIMANT.
The State of Texas, County of
Before me, the undersigned authority, on this day personally ap-
peared , who, being by me duly sworn, deposes and says,
that he claims the following described personal property, to wit
(here describe the property) ; that this property was levied upon by
, sheriff (or constable, as the case may be), under and by
virtue of a certain writ of attachment (execution or sequestration, as
the case may be) issued out of the Court of County,
Texas, in the cause of vs , No , and dated
.... day of , A. D. 19. ., and that such claim is made in good
faith.
Sworn to and subscribed before me, this the day of
A. D. 19..
(Seal.)
R. S. Art. 5286 (4822).
TEXAS CIVIL FORM BOOK. 647
No. 671.
CLAIM BOND.
The State of Texas, County of
Whereas, by virtue of a writ of (here describe the writ)
issued out of the court (or by , justice of the
peace for precinct No , County), in favor of
(here insert the name of plaintiff) versus (here insert the
name of defendant), and tested on the .... day of , A. D. 19.. .,
(here insert the name and title of officer seizing), has seized
and taken the following described personal property, viz
(here describe the property), the value of which property has been
assessed by said officer at ..../.. dollars; and whereas
(here insert name of claimant) has claimed said property and presented
to said officer his oath in writing that such claim is made in good faith:
Now therefore we, (here insert the name of claimant), as
principal, and and , as sureties, acknowledge
ourselves bound to pay to the said . ., (here insert name of
plaintiff) the sum of dollars, being double the value of said
property, conditioned that the said (here insert name of
claimant), in case he fails to establish his right to said property, will
return the same to the said (here insert name of officer)
or his successor in as good condition as he received it, and shall also pay
the reasonable value of the use, hire, increase or fruits of the same from
the date of this bond and costs, or in case he fails to return said property
and pay for the use, hire, increase or fruits thereof, that he will pay the
plaintiff the value of the same with legal interest thereon from date,
and shall also pay all damages and costs that may be awarded against
him.
Witness our hands this the .... day of , A. D. 19. .
Approved
, Sheriff (or Constable) of County.
R. S. Art. 5291 (4827).
No. 672.
INDORSEMENT ON CLAIMANT'S BOND.
The within named (here describe the property mentioned
in bond) has been valued by me at the sum of dollars, this the
day of , A. D. 19..
Sheriff (or Constable) of County.
R. S. Art. 5290 (4826).
548 TEXAS CIVIL FORM BOOK.
No. 673.
INDORSEMENT ON WRIT ISSUED IN THE COUNTY WHERE LEVIED.
Came to hand on this the day of , A. D. 19 . ., at ...
o'clock . . m., and executed on same day at , in
County, Texas, by seizing and taking from the possession of
(here insert name of claimant), (or from , defendant, as
the case may be), (here describe the property levied upon),
levied upon as the property of . . . . , defendant, which property
has been claimed by , and by him oath and bond given,
this the day of , A. D. 19. . The distance actually traveled
in the execution of such process is .... miles.
Sheriff (or Constable) of County,
R. S. Art. 5290 (4826).
No. 674.
INDORSEMENT ON WRIT ISSUED WITHOUT THE COUNTY WHERE
LEVIED.
Came to hand on this the .... day of , A. D. 19. ., at ....
o'clock . . m., and executed on same day at , in
County, Texas, by seizing and taking from the possession of
(here insert name of claimant), (or from , defendant, as
the case may be), (here describe the property levied upon),
levied upon as the property of , defendant, which said property
has been claimed by , and by him oath and bond given with
and , as his sureties, and the same, together
with a copy of within writ, this day returned to , a justice
of the peace in and for precinct No (or to the district or county
court) of said county, this the .... day of , A. D. 19. . Thr,
distance actually traveled in the execution of such process is .... miles.
Sheriff (or Constable) of County.
R. S. Art. 5294 (4830).
The original writ shall be returned to the justice or court from which
it was issued.
JURISDICTION.
The writ is returnable to whatever court has jurisdiction of the
amount estimated to be the value of the property claimed, without
regard to the court from which it issued.
Where the assessed value of the property does not exceed $200, the
writ is returnable to the justice court; if over $200 and does not exceed
TEXAS CIVIL FORM BOOK. 549
$500, it is returnable to the proper county court; if over $500 it is
returnable to the proper district court.
R. S. Art. 5295 (4831).
The case shall be docketed in the name of the plaintiff in the writ as
the plaintiff, and the claimant of the property as defendant.
R. S. Art. 5296 (4832).
VENUE OF SUITS.
Justices' Courts. R. S. Arts. 1585-1595 (1556-1565).
County and District Courts. R. S. Arts. 1194-1195 (1198-1199).
Railroads — Suits Against. Acts 27th Leg., p. 31.
No. 675.
PLEA OF PRIVILEGE— JUSTICE COURT.
vs No In Justice's Court, Precinct
No , County, Texas.
Now comes , defendant in the above entitled and num-
bered cause, and says that this court ought not to have or take further
action or cognizance of this suit, because, he says, that now and at the
time of the commencement and filing of this suit, he, defendant, was
an inhabitant of this State and had his domicile in precinct No ,
in County, State of Texas, and not in precinct No , in
County, Texas, or elsewhere out of said precinct No ,
County, Texas.
Defendant says that this is not a suit of forcible entry and detainer
nor a suit against this defendant as executor, administrator or guardian
as such, nor against a county; that this is not a suit upon a contract
in writing promising performance at any particular place, nor a suit for
the recovery of rents nor for damages for torts, nor a suit against a
transient person, a nonresident of the State, or a person whose residence
is unknown, nor for the recovery of personal property; that this is not
a suit against a private corporation, association and joint-stock company,
nor against a railroad, canal company, or the owner of any line of mail
stages or coaches for any injury to person or property upon the road,
canal or line of stages or coaches of the defendant, or upon any liability
as a carrier, nor a suit against a fire, marine or inland insurance com-
pany, nor against a life and accident insurance company or association,
or the owner of a steamboat or other vessel ; that this suit does not come
within any of the exceptions provided by law in such cases authorizing
this suit to be brought or maintained in precinct No , in
County, Texas, or elsewhere outside of precinct No , in
550 TEXAS CIVIL FORM BOOK.
County, Texas. That there is a justice of the peace in his said precinct
No , qualified to try said cause.
Defendant says that this suit is not brought upon a note or obligation
in writing payable in said precinct No. . . . . , County, Texas,
or elsewhere, and that he never promised nor contracted in writing to
pay or perform said alleged claim or obligation at , Texas, in
precinct No , County, Texas, or elsewhere outside of
precinct No , in County, Texas, where he now resides and
has his domicile, and so resided at the time of the filing and commence-
ment of this suit, and this court is without jurisdiction of this cause or
of the person of this defendant ; that the allegations of plaintiff, that his
said claim is due and payable at , in said precinct No ,
County, Texas, are false and untrue, and fraudulently made
for the purpose and in order to give this court jurisdiction of this cause
and of the person of this defendant, all of which he is ready to verify.
Wherefore defendant prays the court that this cause be dismissed,
for his costs, etc.
Defendant.
In person appeared before me, , a notary public in and
for County, State of Texas, , defendant in the
above entitled and numbered cause, who, being by me duly sworn, says
that the above and foregoing plea is true in substance and in fact.
Defendant.
Sworn to and subscribed before me, this the day of ,
A. D. 19..
(Seal.)
Notary Public in and for County, Texas.
R. S. Art. 1585 (1556).
The above plea applies to suits in the court of a justice of the peace
and contains all of the exceptions given under the above article of the
statutes, wherein suits can be maintained outside of the county and
precinct in which the defendant or one or more of the several defendants
reside, and may be varied to suit the emergency of each case.
It has been held by our courts, where jurisdiction is claimed under
some of the exceptions enumerated in the statutes, the facts relied on
must not only be alleged, but must be proven. This plea should be filed
before answering to the merits of the case.
If there be no justice of the peace qualified to try the suit in the
proper precinct, the suit may be commenced before the nearest justice
of the peace of the county who is not disqualified to try the same.
R. S. Art. 1589 (1560).
TEXAS CIVIL FORM BOOK. 551
Where the defendant is a resident of the county where the suit is
brought, and files his plea of privilege alleging that his residence is in a
precinct in said county other than where the suit is brought, said plea
should also allege that there is a justice of the peace in the precinct of
his residence qualified to try the cause or that' his precinct was not the
nearest precinct to the one in which the suit was brought.
McQuigg et al. v. Nabors, 56 S. W. R. 212.
Failure of one of the defendants to object does not affect the right of
the other defendant to do so, where suit is brought in a precinct in
which no defendant lives.
Eastham v. Harrell, 46 S. W. R. 389.
No. 676.
PLEA OF PRIVILEGE— COUNTY AND DISTRICT COURTS.
. vs. , No. , In . . Court of .
County, Texas, Term, A. D. 19 ..
To the Honorable , Judge of said Court :
Xow comes , defendant in the above entitled and num-
bered cause, and says that this court ought not to have or take further
action or cognizance of this suit, because, he says, that now and at the
time of the commencement and filing of this suit, he, defendant, was an
inhabitant of this State and had 'his domicile in County, State
of Texas, and not in County, State of Texas, or elsewhere
outside of said county of
That this defendant is not a married woman (if a married woman,
then state, that the said , husband of this defendant, at
the time of the commencement and filing of this suit, had his domicile
in County, Texas, and not in the county of ), and was
not at the time of the commencement and filing of this suit; that de-
fendant is not now and was not at the time of the commencement of this
suit a transient person, nor a nonresident of this State, nor a person
whose residence was unknown; that defendant has not contracted in
writing to perform or pay said claim or obligation in the said county
of , or elesewhere outside of the county of his domicile; that
this suit is not against this defendant as executor, administrator or
guardian as such, to establish a money demand against an estate, and is
not a suit for fraud or defalcation of a public officer or officers, nor a
suit for damages growing out of the suing out of any writ of attachment
or sequestration, or for the levy of any such writ; and is not the founda-
tion of a suit for some crime, or offense, or trespass, for which a civil
552 TEXAS CIVIL FORM BOOK.
action in damages is brought or may lie, and is not a suit for the
recovery of any personal property, or a suit commenced against this
defendant for or concerning an estate inherited by him; and is not a
suit for the foreclosure of a mortgage or other lien, for the partition of
lands or other property,- for the recovery of lands or damages thereto,
nor a suit to remove an incumbrance or incumbrances upon the title to
land, to quiet the title to land or to prevent or stay waste on land; and
is not a suit for the breach of warranty of title to lands, where the
vendors liable thereon live in different counties, or a suit for divorce
from the bonds of matrimony, or to enjoin the execution of a judgment
or to stay proceedings in any suit, or to revise the proceedings of the
county court in a matter of probate, or a suit against any county, nor
a suit for mandamus against the heads of any of the departments of
the State government, or a suit in behalf of the State for the forfeiture
of the charter of any private corporation chartered by the act of the'
Legislature, or a suit in behalf of the State to forfeit land fraudulently
or colorably alienated by a railway company in fraud of the rights of
the State, under the laws granting land to railway companies, or a suit
against any private corporation, association or joint-stock company, a
railroad corporation, or any assignee, trustee or receiver operating a
railway, or against a receiver of a person or corporation; that this is
not a suit brought by a mechanic, laborer and operative for wages due
by a railroad company; and is not a suit against a foreign private or
public corporation, joint-stock company or association, not incorporated
by the laws of this State, and doing business within this State, nor a suit
against a fire, marine or inland insurance company, and is not a suit
regulated or authorized by law to be brought or maintained in
Count}', Texas, or elsewhere outside of County, Texas, where
defendant now resides and resided at the time of the commencement of
this suit; and is not a suit where any part of a river, water-course,
highway, road or street is the boundary line between two counties ; that
this suit does not come within any of the exceptions provided by law in
such cases authorizing this suit to be brought or maintained in
County, State of Texas, or elsewhere outside of the County of
Defendant says that this court is without jurisdiction of this cause or
of the person of this defendant; that the allegations of plaintiff, that his
said claim is due and payable at , in County, Texas,
are false and untrue and fraudulently made for the purpose arid in
order to give this court jurisdiction, all of which he is ready to verify.
Wherefore defendant prays the court that this cause be dismissed,
for his costs of court, etc.
Defendant.
In person appeared before me, , a notary public in and
for County, State of Texas, , defendant in the
TEXAS CIVIL FORM BOOK. 553
above entitled and numbered cause, who, being by me duly sworn, says
that the above plea is true in substance and in fact.
Defendant.
Sworn to and subscribed before me, this the day of ,
A. D. 19..
(Seal.)
R. S. Art. 1194 (1198).
Venue. Bills of lading, drafts, etc.
Seley & Early v. Williams 20 T. Civ. App. 405.
Callender, Holder & Co. v. Short, Tex. Law Journal, Vol. 2, No. 5, p. 503.
RAILROADS — FIXING VENUE OF SUITS AGAINST.
All suits against railroad corporations, or against any assignee, trustee
or receiver operating any railway in the State of Texas, for damages
arising from personal injuries, resulting in death or otherwise, shall be
brought either in the county in which the injury occurred, or in the
county in which the plaintiff resided at the time of the injury; provided,
that if the defendant railroad corporation does not run or operate its
railway in or through the county in which the plaintiff resided at the
time of the injury, and has no agent in said county, then said suit shall
be brought either in the county in which the injury occurred, or in the
county nearest that in which the plaintiff resided at the time of the
injury in which the defendant corporation runs or operates its road, or
has an agent; and provided further", that in case the plaintiff is a
nonresident of the State of Texas, then such suit may be brought in any
county in which the defendant corporation may run or operate its rail-
road or may have an agent; provided, that when an injury occurs within
one-half mile from the boundary line dividing two counties, suit may be
brought in either of said counties.
Acts 27th Leg., Sec. 1, p. 31. See 29th Leg., Reg. Ses. (1905), p. 29.
CHANGE OF VENUE.
Justices' Courts. R. S. Arts. 1590-1595 (1561-1565).
County and District Courts. R. S. Arts. 1270-1275 (1270-1275).
No. 677.
AFFIDAVIT FOR CHANGE OF VENUE.
vs No In Justice Court, J*recinct
No , County, Texas.
Now comes , plaintiff (or defendant, as the case may
be) in the above entitled and numbered cause and upon his oath says,
that he has good reason to believe and does believe that he cannot have
a fair and impartial trial before , justice of the peace,
554 TEXAS CIVIL FORM BOOK.
precinct No , County, Texas, before whom the above
styled and numbered cause is now pending (or in county or district
court, and says, " that there exists in County, Texas, where the
above styled and numbered suit is now pending, so great a prejudice
against him that he cannot obtain a fair and impartial trial ; " or " that
there is a combination against him instigated by influential persons, by
reason of which he cannot expect a fair and impartial trial;" or mention
other good and sufficient cause, to be determined by the court).
Wherefore he prays that the above suit be transferred to the court of
, a justice of the peace of precinct No , in said county
of , he being the nearest justice -of the peace within this county
not subject to disqualification (or if in county or district court, that this
suit be transferred to the county or district court, as the case may be,
of County, Texas, being an adjoining county, the courthouse
of which is nearest to the courthouse of the county of in which
this suit is pending, or to a county that is free from said objections).
The State of Texas, County of
Before me, the undersigned authority, on this day personally ap-
peared , plaintiff (or defendant, as the case may be) in the
above entitled and numbered suit, who being by me duly sworn says,
that all the facts as stated in the above and foregoing instrument in
writing are true and correct.
Sworn to and subscribed before me, this the .... day of
A. D. 19..
(Seal.)
R. S. Arts. 1590 (1561), 1271 (1271).
No. 678.
AFFIDAVIT OF WITNESSES— CHANGE OF VENUE.
" . . vs No In the Court of
County, Texas.
, and , each, being duly
sworn, for himself states that he has seen and read the foregoing
affidavit made by for a change of the venue of the above
entitled cause; that he is a resident of the county of ....,...., and is
personally acquainted with the said ; that he believes that
the grounds for a change of venue stated in said affidavit are true and
that they do in fact exist.
TEXAS CIVIL FORM BOOK. 555
Sworn to and subscribed before me, by the said ,
and . .1 , respectively, this the .... day of ,
A. D. 19..
Cerk of Court, County, Texas.
R. S. Arts. 1590 (1561), 1271 (1271).
In a suit before any justice of the peace, the law requires the party
applying for a change of venue to make an affidavit, supported by the
affidavit of two other credible persons, citizens of said county.
A change of venue may be granted in any civil cause upon application
of either party, supported by his own affidavit and the affidavit of at
least three credible persons, residents of the county in which the suit is
ponding. For a change of venue to new county, see
R. S. Art. 1274 (1274).
No. 679.
CONSENT OF PARTIES TO CHANGE OF VENUE.
vs No In the Court,
County, Texas.
Now come the said parties in the above entitled and numbered cause,
by their said attorneys, and consent that this cause may be removed to
the Court of County, Texas, for trial.
Attorney for Plaintiff.
Attorney for Defendant.
R. S. Art. 1270 (1270).
No. 680.
ORDER FOR CHANGE OF VENUE.
vs No day of ,
A. D. 19..
This day came the parties plaintiff and defendant in the above entitled
and numbered cause, by their attorneys, and thereupon came on to be
heard the application of the plaintiff for a change of venue, and the affi-
davit in support thereof, and it appearing to the court that the plaintiff
cannot have a fair and impartial trial in this justice precinct No
(or if in the county or district court, add : in this county of ) : It
is therefore ordered by the court that this suit be transferred to the court
of , a justice of the peace of precinct No , in said
county of , he being the nearest justice of the peace within this
556 TEXAS CIVIL FORM BOOK.
county not subject to disqualification (or that this suit be transferred
to the county or district court, as the case may be, of County,
Texas, being an adjoining county, the courthouse of which is nearest to
the courthouse of the county of in which this suit is pending),
and the parties and witnesses in this cause are ordered to appear before
said court at its next ensuing term, to be held at , on the .... day
01 , A. D. 19. . (If in county or district court, add: and the clerk
of this court shall immediately make out a correct transcript of all the
oiders made in this cause, certifying thereto officially under the seal of
this court, and transmit the same with the original papers in this cause
to the clerk of the Court of County, Texas.
R. S. Arts. 1270 (1270), 1590 (1561).
No. 681.
WRIT OF PROCEDENDO.
The State of Texas. To , Justice of the Peace in and for
Precinct ISTo , County, Texas — Greeting :
Whereas, in the case of vs No , appealed
from your court, the appeal of said was dismissed in the
county court of said county, on the .... day of , A. D. 19. . :
Therefore, you are hereby commanded that you proceed with the
enfoi cement of the judgment rendered against said in your
court, on the .... day of , A. D. 19 . ., in favor of said
for the sum of dollars, besides costs ; the said appeal of the said
to the contrary notwithstanding; that you receive and file
the original papers in said cause sent herewith, and collect as well the
costs of this court, which are set forth on the back hereof.
Herein fail not, under penalty of the law.
Witness my hand and official seal, at my office in , Texas,
this day of , A. D. 19..
Clerk County Court, County, Texas.
By , Deputy.
INDORSEMENT ON BACK.
No In the County Court vs
Writ of Procedendo, issued this .... day of , A. D. 19. .
, County Clerk, County, Texas. By ,
I'eputy.
Filed this .... day of , A. D. 19 . .
., Justice of the Peace, Precinct No ,
County, Texas.
Bill of Costs : Clerk's fees, $ ; sheriff's fees, $ ; judge's
fees, $ ; witness fees, $ ; total, $
TEXAS CIVIL FORM BOOK. 557
No. 682.
CONTRACT FOR PERSONAL SERVICES WITH SALARY BASED ON
PROFITS.
The State of Texas, County of
Know all men by these presents, that this memorandum of a contract,
made and entered into this the .... day of , A. D. 19. ., by and
between & , a firm of partners composed of
and , and doing business in the city of
, Texas, under the above firm name and style, as parties of the
first part, and , as party of the second part, witnesseth :
That the said *. . . . & , having entered into the
general business of (here state the business engaged in), agree
to keep and employ in said business a sum of money not less than
dollars, and to maintain their business and carry on same in a store
(and factory, if such be the case) in the city of , Texas, and to
devote their entire time, labor and attention, in good faith, to the con-
duct and profit of said business. That they have employed the said
(party of the second part) for the period of years
from the .... day of , A. D. 19. ., as an assistant workman and
general superintendent in said business ; the said hereby
agreeing to devote his entire time, labor and skill in the manufacturing
of (here state the business engaged in), and in the conduct of
said business, and to work at all times for its success; and, for his said
services, the said & hereby agree to pay to
said , as salary, a sum equal to of the net profits
of said business, and further agree to pay to the said the
sum of dollars a week, provided he is entitled to that amount.
under the contract, and if not, then such smaller sum as he may then
be entitled under said contract. The said & ,
parties of the first part, agree also to take stock on the first day of
and of each year, during the continuance of this
contract, and on said dates to make payment to said of
the full amount due him for the preceding months immediately
preceding. It is further agreed that the said , party of the
second part, shall at all times have access to the books, papers, money,
etc., pertaining to said business. It is further agreed between the parties
hereto, that if the business should at any time during the said
years become unsuccessful to such an extent as to lead to a discontinu-
ance of same by the said parties of the first part, or if the said party of
the second part shall become dissatisfied and desire to quit said employ-
ment, then, and in that case, a settlement shall be made between the
parties at once by taking an account of the stock, and by the payment to
the second party as salary a sum equal to of the net profits ac-
crued, which shall also be the manner of settlement at the expiration of
this contract, in case same is not terminated as above set forth prior
558 TEXAS CIVIL FORM BOOK.
thereto. It is expressly understood, however, that the said ,
party of the second part, is not to be considered as a partner in said busi-
ness, nor shall he be responsible for any losses that may occur in the
management thereof, nor shall he have any specific lien for the payment
of his salary or otherwise on the goods, merchandise and machinery be-
longing to the said & , and used in their said
business.
In testimony of the assent of all the parties hereto we hereby sub-
scribe our names, this the .... day of , A. D. 19. .
Witnesses :
WILLS.
R. S. Arts. 5333-5356 (4857-4876).
No. 683.
GENERAL FORM OF WILL.
The State of Texas, County of
Know all men by these presents, that I, , of the county
of , and State of Texas, being in good health, and of sound and
disposing mind and memory, do make and publish this, my last will
and testament, hereby revoking all wills by me at any time heretofore
made.
First. I direct that all my just debts shall be paid, and that the
legacies hereinafter given shall, after the payments of my debts, be paid
out of my estate.
Second. I give to each of my children, and ,
the sum of dollars, each, to be paid to them as soon after my
decease as conveniently may be done.
Third. I give to my beloved wife, , all my household
and kitchen furniture, and the farm upon which I now reside, situate
in the county of , State of Texas, containing acres of
land.
Fourth. I give all the residue of my estate remaining after the pa)r-
ment of the foregoing legacies to my wife, so long as she shall remain
unmarried, with remainder thereof, on her decease or marriage, to my
said children and their heirs, respectively, share and share alike.
TEXAS CIVIL FORM BOOK. 559
Fifth. 1 hereby constitute and appoint sole executor of
this my will.
In witness whereof I have hereunto set my hand this the .... day of
, A. D. 19. ., in the presence of and ,
who attest the same at my request.
The above instrument was now here subscribed by , the
testator, in our presence, and we, at his request and in his presence, sign
our names hereto as attesting witnesses.
R. S. Art. 5335 (4859).
Will, if not wholly written by the testator, must be attested by two or
more credible witnesses above the age of fourteen years.
Every person aged twenty-one years or upward, or who may be or may
have been lawfully married, being of sound mind, shall have power to
make a last will and testament, under the rules and limitations pre-
scribed by law.
R. S. Art. 5333 (4857).
No. 684.
ANOTHER FORM OF WILL.
The State of Texas, County of
I, , of the county of and State of Texas, being
of sound and disposing mind and memory, and being desirous to settle
my worldly affairs while I have strength to do so, do make this my last
will and testament, hereby revoking all others heretofore by me made.
1. I desire and direct that my body be buried in a decent and Chris-
tianlike manner, suitable to my circumstances and condition in life.
2. I desire and direct that my just debts be paid out of my estate
without delay, by my executrix to be hereinafter appointed.
3. It is my will and desire that all of the property, both real and
personal, I may die seized and possessed of, after the payment of all my
just debts, together with all the expenses incident to the probating of
this will, shall pass to and vest in fee simple in my beloved wife,
, and after the payment of all my just debts, I give,
bequeath and demise to my beloved wife, , the remainder
of all the property I may own or be interested in at the time of my
death, in fee simple, to manage, sell or dispose of as she may wish or
see proper.
4. I hereby constitute and appoint my beloved wife, ,
executrix of this, my last will and testament, and direct that no bond
or security be required of her as executrix.
560 TEXAS CIVIL FORM BOOK.
5. It is my will that no other action shall be had in the county court
in the administration of my estate than to prove and record this will
and to return an inventory and appraisement of my estate and list of
claims.
In testimony whereof I have hereto set my hand this the .... day of
, A. D. 19..
Signed, declared and published by , as his last will and
testament, in the presence of us, the attesting witnesses, who have hereto
subscribed our names in the presence of said , at his
special instance and request, this .... day of , A. D. 19. .
R. S. Art. 5333 (4857).
Every person competent to make a last will may devise and bequeath
all the estate, right, title and interest in possession, reversion or re-
mainder, which he has or at the time of his death shall have, of, in or
to any lands, tenements, etc.
R. S. Art. 5334 (4858).
No. 685.
WILL WRITTEN BY THE TESTATOR.
The State of Texas, County of
In the name of God, amen. I, , of the county of
and State of Texas, being in good bodily health and of sound mind,
calling to mind the frailty and uncertainty of life, and being desirous
of settling my worldly affairs, and directing how the estate with which
it has pleased God to bless me shall be disposed of after my decease,
while I have strength and capacity so to do, do make and publish this,
my last will, hereby revoking all other wills heretofore made.
First. I direct that all my just debts and funeral charges shall, by
my executors, hereinafter named, be paid out of my estate, as soon after
my decease as shall by them be found convenient.
Second. I give and bequeath to my beloved wife, , all
my household furniture and my library, my pair of horses and carriage,
together with their harness, and also in money, to be paid to her
by my executors within six months after my decease, to have and to
hold the same to her, and her heirs, executors, administrators and
assigns, forever. I also give to her the use and income of my dwelling-
house, land and its appurtenances, wherein I now reside, situated in
County, Texas; my storehouse, land and its appurtenances,
TEXAS CIVIL FORM BOOK. 561
situated in the town of , in said county, to have and to hold the
same for and during her natural life.
Third. I give and bequeath to my honored mother, ,
dollars in money, to he paid to her by my executors within six
months after my decease.
Fourth. I give and bequeath to my son , the reversion
of my dwelling-house, land, and its appurtenances, situated in
County, Texas, from and after the decease of my beloved wife,
, to have and to hold the same to him, the said ,
his heirs and assigns, from and after the decease of my said wife, to his
and their use and behoof forever.
Fifth. I give and bequeath to my son , the reversion of
my storehouse, lands, and its appurtenances, situated in the town of
, in said county, from and after the decease of my beloved wife,
, to have and to hold the same to the said . . . .; ,
his heirs and assigns, from and after the decease of my said wife, to his
and their use and behoof forever.
Sixth. All the rest and residue of my estate of which I shall die
seized and possessed, or to which I shall be entitled at the time of my
decease, 1 give and bequeath to my sons and ,
to be equally divided between them, share and share alike.
Seventh. I nominate and appoint my said sons and
to be executors of this will, and direct that no security
shall be required of them as executors.
Eighth. It is my will that no action shall be had in the county court
in the administration of my estate other than to prove and record this
will, and to return an inventory and appraisement of my estate and list
of claims.
I authorize and empower my said executors, or whichever of my said
sons shall accept and act as such, to sell and dispose of any portion of
my estate, real or personal, at public or private sale, and in the manner
that may seem to them best, for the purpose of paying my just debts
and the legacies herein bequeathed. Saving and excepting, however,
from such sale and disposition, that portion of niy estate herein specially
devised.
The foregoing instrument, wholly written by myself, 1 make and
publish as my last will, hereunto subscribing my name this .... day of
, A. D. 19..
R. 8. Arts. 5335-53.3(5 (4850-4860).
Any soldier in actual military service, or any mariner or seaman being
at sea, may dispose of his chattels without regard to the provisions of
Title 110. *
R. S. Art. 5342 (4866).
Form Book — 36.
562 TEXAS CIVIL FORM BOOK.
No. 686.
CODICIL TO A WILL.
The State of Texas, County of
Whereas I, , of the county of , and State of
Texas, have heretofore made my last will, wholly written by myself, and
bearing date the .... day of , A. D. 19 . . : Now I do by this, my
writing, which I hereby declare to be a codicil to my said will, to be
taken as a part thereof, give and bequeath to my nephew, ,
my diamond ring, usually worn by me; and whereas, in and by my said
will, I have given to my mother, , the sum of
dollars, I do hereby declare that my will is that the sum of dollars
only be paid to her, in full of the said legacy I have as aforesaid given
to her, and that the remaining part of said legacy be given to my niece,
; and lastly, it is my desire that this, my present codicil,
be annexed to and made a part of my will to all intents and purposes.
The foregoing instrument, wholly written by myself, I make and pub-
lish as a codicil, to be annexed to my last will, hereunto subscribing my
name this the .... day of , A. D. 19. .
R. S. Art. 5337 (4861).
If codicil is not wholly written by the testator, must be attested by two
or more credible witnesses above the age of fourteen years, subscribing
their names thereto in the presence of the testator, with like formalities
as the will.
R. S. Arts. 5335-5337 (4859-4861).
No. 687.
NUNCUPATIVE WILL.
The State of Texas, County of
The undersigned, , and ,
residents of the county and State aforesaid, were, on the .... day of
, A. D. 19. ., at the habitation of , a resident of
said county, and since deceased, who was then, and has been for several
days prior thereto, confined by serious bodily illness; that the said
was then afflicted with a malady of a dangerous and
alarming character, and being apprehensive of approaching death, did,
about the hour of .... o'clock of the day aforesaid, call upon those per-
sons who were present at his bedside, among whom were the under-
signed, to take notice and bear testimony that what he was then about to
say was his will, and did then and there utter the following testa-
mentary words, to wit:
TEXAS CIVIL FORM BOOK. 663
First. That he gave and bequeathed to his daughter, ,
now residing with him, the sum of dollars, to be paid to the said
by his executrix so soon after his death as conveniently
may be done.
Second. That he willed and bequeathed to his daughter, ,
residing in the county of , the sum of dollars, to be paid
to the said , by his executrix, as soon thereafter as con-
veniently may be done.
Third. That he gave, willed and bequeathed to his son, ,
residing in County, Texas, the sum of dollars, to be paid
to the said by his executrix so soon after his death as
conveniently may be done.
Fourth. That he gave and bequeathed all the residue of his estate
whatever, to his wife, , to have and to hold the same
forever.
Fifth. That he constituted and appointed his wife, ,
executrix of his said will without bond for the faithful performance of
her duty herein.
The undersigned remained at the residence of said testator until the
hour of .... o'clock .... on the day aforesaid, and at the hour of ....
o'clock .... of the same day the said testator departed this life in their
presence. The said testator was, at the time of uttering the said testa-
mentary words, twenty-one years of age or upward, and of sound and
disposing mind.
The undersigned, being advised of the nature of the will of said tes-
tator, reduced the said testamentary words to writing on the morning
following the day of the death of said testator, of which the foregoing
is a full, true and complete statement, as the same were uttered by the
said testator.
In testimony whereof we have hereunto set our hands this the ....
day of , A. D. 19..
R. S. Arts. 5338-5339 (4862-4863).
No nuncupative will can be proved within fourteen days after the
death of the testator, and must be probated within six months, unless
the testimony is reduced to writing within six days, etc.
564 TEXAS CIVIL FORM BOOK.
CONDEMNATION PROCEEDINGS.
No. 688.
PETITION IN CONDEMNATION PROCEEDINGS.
The State of Texas, County of To the Honorable ,
Judge of the County Court of County, Texas :
Now comes the Telephone Company, a private corporation
duly incorporated under the laws of the State of Texas, for the purpose
of constructing and operating telephone lines in the county of
and in various other counties hereinafter mentioned, in the State of
Texas, and respectfully shows to your honor:
That the Railway Company is a private corporation, duly
incorporated under the laws of the State of Texas, owning and operating
a line of railway from the city of in said County,
Texas, through said county of , and the counties of
and to the town of in said county of and
to a point (here make such description as may be necessary).
That said railway from to , as aforesaid, is located
upon a right of way of the width of not less than .... feet, said rail-
way being in the center of the same, which extends continuously as one
tract of land from the said city of to the said town of ,
and which is controlled by said railway company.
That your petitioner desires to construct a telephone line from
to and to locate such line upon said right of Avay and parallel
to the rails of said railway track and near the line of said right
of way at a distance of feet from the center of said railway track
except (here make such exceptions that may be necessary).
Tli at said telephone line will be constructed of poles set about
feet in the ground and extending above ground not less than
feet, the poles being placed at the rate of to the mile, and
on each of said poles shall be located cross arms or more feet
above the ground and placed at right angles with the line of said poles
and extending out from said poles on each side not more than
feet, and from the cross arm on one pole to the cross arm on the next
pole shall be extended and strung wires of copper and iron so as to
make a continuous line for telephone communication from
to
That said telephone line when constructed will be for the use of the
public, and the public will have the right at all times to use the same
upon the payment of reasonable and uniform toll charges. That the
local agent in said County of said railway company is
, who is a resident of said County, Texas.
That petitioner and said railway company have not agreed upon the
amount of damages to said right of way by reason of the location of
said proposed telephone line.
TEXAS CIVIL FORM BOOK. 565
That each pole so located upon said line will take about square
feet of ground, and the damages to said railway company by reason of
the construction and maintenance of said telephone line upon said right
of way, for the purposes for which said railway company uses such right
of way, will not exceed the sum of dollars per mile ; that the
distance along said right of way from to is miles.
That hereafter, whenever said railway company may desire to run a
switch or side track under said telephone line constructed as described,
on days' notice, said telephone company will reset any poles
necessary to allow said railway company to construct the same, and in all
cases where said telephone line may now pass or hereafter may pass
over any such switch or side track, said telephone company shall see that
the lowest wires clear the railway rails by at least feet.
Wherefore petitioner respectfully prays your honor to forthwith name
three disinterested freeholders of the county of , who shall
assess the amount of said damages to the end that petitioner may at
once enter upon said land for the construction of said telephone line,
and in duty bound will ever pray, etc.
Petitioner.
R. S. Art. 4447 (4182).
No. 689.
ORDER OF COUNTY JUDGE APPOINTING COMMISSIONERS.
The State of Texas, County of
On this the .... day of A. D. 19. ., came on to be heard the
application of the Company, a private corporation, asking for
a commission to assess damages for right of way over and against the
right of way of the Railway Company, a private corporation,
from in County, Texas, to in the county of
, State of Texas ; and it appearing to the court that commis-
sioners have not been agreed upon by said parties, the court here now
appoints , and , disinterested
freeholders of County, Texas, as special commissioners to
assess damages in said condemnation proceedings.
County Judge County, Texas.
R. S. Art. 4448 (4183).
566 TEXAS CIVIL FORM BOOK.
No. 690.
NOTICE OF COMMISSIONERS TO ALL PARTIES CONCERNED.
The State of Texas, County of
On this the .... day of , A. D. 19 . ., ,
and , special commissioners appointed by the court to
assess the damages to the Eailway Company, by reason of the
location of a telephone line on the right of way of said railway company's
railroad, from , Texas, to , Texas, as is more fully set
out in the petition of the Telephone Company filed with the
Hon , County Judge of County, Texas, on the
.... day of , A. D. 19. ., said commissioners having been duly
sworn to assess said damages fairly and impartially and in accordance
with law, do hereby appoint as the place and time for hearing said
parties and said matters, the office of the said , at ,
Texas, on the .... day of , A. D. 19. .
A copy of this order shall be served upon each of said parties and
service thereof shall be notice to each of the parties to appear at said
time and place at .... o'clock . . m., for the purpose of offering any
evidence they desire on the issue as to the damage to be assessed against
said telephone company and to be paid to said railway company for the
right of way aforesaid.
Witness our hands this .... day of , A. D. 19 ..
Special Commissioners.
R. S. Art. 4451 (4186).
No. 691.
SERVICE OF NOTICE.
Came to hand on the .... day of , A. D. 19 . . . ., and executed
on the .... day of , A. D. 19. ., by delivering a copy of the
within notice to , local agent in County, Texas,
of the Eailway Company, and by delivering one copy hereof
to , agent of the said Telephone Company at
, Texas.
R. S. Art. 4452 (4187).
Said notice shall be served upon said parties at least five days before
the day of hearing, exclusive of the day of service, and may be served
by any person competent to testify. The original notice shall be re-
turned to the commissioners with the return thereon.
TEXAS CIVIL FORM BOOK. 567
No. 692.
ASSESSMENT OF DAMAGES BY THE COMMISSIONERS.
vs No Condemnation Proceedings
before , County Judge of County, Texas.
On this the .... day of , A. D. 19. ., came on for hearing be-
fore the undersigned, , and ,
special commissioners, and disinterested freeholders of
County, Texas, appointed by the county judge of County,
Texas, upon the application of the Telephone Company,
filed with said county judge on the .... day of , A. D. 19. ., to
condemn a certain right of way over the right of way of the
Railway Company, from , Texas, to , Texas, said
parties having been duly notified of the time and place of meeting as
is required by law, and both parties appearing in person and by their
attorneys, and after fully hearing said parties at the appointed time and
place, and all the evidence as to the damages which will be sustained by
said railway company by reason of such condemnation, we assess said
damages at the sum of dollars, and that the said
Telephone Company pay all costs of this proceeding.
This the day of , A. D. 19. .
Special Commissioners.
R. S. Art. 4463 (4197).
No. 693.
FINAL ORDER OF THE COUNTY JUDGE.
Telephone Company vs Railway Company.
No Before , County Judge of County,
Texas.
On this the .... day of , A. D. 19. ., came on for final hearing
the above numbered and entitled cause, and it appearing to the court
that no objections have been filed to the award of said commissioners
filed herein on the .... day of , A. D. 19. ., which is as follows:
(here insert the award or findings of the special commis-
sioners) :
It is therefore ordered, adjudged and decreed by the court, that said
Telephone Company pay to said Railway Com-
pany the sum of dollars, with interest at the rate of six per cent
per annum from date hereof until paid, together with all costs herein,
568 TEXAS CIVIL FORM BOOK.
for all of which execution may issue; and that such payment be and is
hereby adjudged to be, in full compensation for the construction and
maintenance of a telephone line from .......... Texas, to ,
Texas, on the right of way of said railway company, parallel to the rails
of said railway and on the side thereof, at a distance of
feet from the center of said railway except (here state such ex-
ceptions that may be necessary), said line being of^ poles and
where the wires thereof now or hereafter cross over any spur or side
track of said railway, then the lowest wires thereof shall be at least
feet above the rails ; and hereafter said telephone company will reset any
of the poles of said line when necessary to allow said railway company
to construct any desired switch or side track; and said telephone com-
pany shall pay all the costs herein.
R. S. Art. 4469 (4203).
If either party be dissatisfied with the decision of such commissioners
he may, within ten days after the same has been filed with the county
judge, file -his opposition thereto in writing, etc., and thereupon the
adverse party shall be cited, and said cause shall be tried and determined
as in other civil causes in said court.
When such corporation desires to enter upon and take the property
sought to be condemned, pending litigation, see
Article 4471, amended by the 26th Leg., Reg. Ses. (1890), p. 105.
SALE OF REAL ESTATE.
No. 694.
RECEIPT OF EARNEST MONEY AND OPTION SALE OF REAL ESTATE.
$ , Texas, day of , 19 ..
Received from , of the county of , State of
Texas, the sum of dollars, earnest money, to close sale to himself
of the following described lot, tract or parcel of land, to wit
(here describe the property), from , acting by and through
his duly authorized agent, , real estate agent, at .........
Texas, at a total sale price of dollars, to be paid as follows, to wit:
the sum of dollars, cash, on the delivery of an abstract to the said
, showing a clear title, free from any and all incum-
brances, in the said , the sum of dollars herein
receipted for being a part of and to be taken as a credit on the said
first payment, and the execution and delivery by the said
to the said , or to his agent aforesaid, of the two certain
promissory vendor lien notes of said , all being of the day
and date when said abstract is furnished, each being in the sum of
TEXAS CIVIL FORM BOOK. 569
dollars, and payable in and months after their dates, each
respectively, to the order of the said , with interest at the
rate of per cent per annum from date until paid, and ten
per cent attorney's fees, and providing failure to pay either of said notes
or any installment of interest thereon when due, shall, at the option of
the holder, mature each of said notes, at , Texas, value received,
and signed by the said
Upon the said cash payment as aforesaid and the delivery of the said
notes mentioned, together with a deed of trust duly executed by the said
, on the above described tract of land, for the use and
benefit of the said , and as an additional security to said
notes, the said , or his duly authorized agent, shall there-
upon deliver to the said the certain warranty deed of the
said to the said property, free from expense to the said
It is further understood that the title to said property
is to be perfect, or to be made perfect, within a reasonable time, not
exceeding days from date hereof, or this earnest money is to be
refunded to the said The deed, trust deed, and notes
are to be drawn at the expense of the said ; the abstract of
title of said property is to be furnished up to date to the said ,
free of expense to him; the taxes on said property are to be paid by said
up to and including the year 19 . . ; the said abstract of
title is to remain in the custody of the said until said notes
are fully paid and discharged, when same is to become the property of
the said ; the parties hereto are allowed days from
this date in which to consummate the details of this trade, and, if same
are not consummated or finished by that time, then the earnest money
above mentioned is to be refunded, if the fault be that of the said
, , whereupon the said may then proceed to
establish his rights according to law ; but, if the fault be that of
, then the amount so received as earnest money is to be
forfeited, and at once become the property of the said ,
and his agent is authorized to turn same over to him, less his commis-
sion and expenses incurred in the matter, and upon said forfeiture being
declared, the said .- shall thereupon become released from
any further liability, by reason of these premises.
Witness our hands this .... day of , A. D. 19. .
Agent for
I accept of the terms and conditions of the above contract of option,
and agree to abide by its terms.
570 TEXAS CIVIL FORM BOOK.
No. 695.
CONTRACT FOR SALE OF LAND.
The State of Texas, County of .
This contract of bargain and sale made and entered into this the ....
day of , A. D. 19 . ., by and between , of
County, Texas, party of the first part, and of
County, Texas, party of the second part, witnesseth:
(1) That the said party of the first part has this day bargained and
sold, and by these presents does hereby bargain, sell and obligate him-
self to convey or cause to be conveyed in manner as hereinafter stated
unto the said party of the second part all and singular the following
described property, to wit: (here describe the property).
(2) The consideration paid and to be paid to party of the first part
by said party of the second part for the property above described is the
agreed sum of ...... dollars, to be paid as follows :
(3) This contract is conditioned that party of the first part will pro-
cure and deliver to party of the second part, at earliest practicable date,
a full, complete, certified abstract of title to the above described prop-
erty, and will permit said second party to have the same examined
by his attorney. If the title as shown by the abstract is good and valid,
then said first party will make, execute and tender a good and suffi-
cient deed, conveying the aforesaid property to party of the second part
with full covenants of general warranty to complete this contract in ac-
cordance with its terms and stipulations. If the title to said property,
as disclosed by the abstract, is not shown to be good and valid, then the
said party shall procure and submit to said party of the first part a
statement in writing of the objections made to said abstract within
days from date hereof. If said objections are of such character
that they can be cured or removed within a period of time not to exceed
days from date hereof, then said first party shall be obligated,
and is hereby obligated, to so cure or remove said objections at his own
expense, and it is hereby agreed and understood that said party of the
first part shall have days from and after the date when the
written statement of objections is delivered to him within which to cure
or remove same. If the title to said property, as shown by the abstract,
IK not good, and the objections thereto are not cured or removed by said
first party in the manner and within the time hereinbefore stated, then
said second party shall have the right to declare this contract at an end
and no longer binding on him, and same shall thereupon become null
and void, and said second party shall be entitled to the return of all
money by him paid by reason of this agreement.
(4) As an evidence of good faith and in earnest of this contract, said
party of the second part has this day deposited with the
sum of dollars, with the express agreement and understanding
TEXAS CIVIL FORM BOOK. 571
that if said party of the first part does, in fact, make and tender to
said second party a good and perfect general warranty deed, convey-
ing to said second party the property hereinbefore described, for the
price and subject to the terms hereinbefore stated, and does, in fact,
deliver, to said second party a complete and duly certified abstract of
title to said property, and said abstract and deed is approved by the
attorney of said second party within the time hereinbefore stated, and
said second party thereupon fails or refuses to keep and perform the
obligations on him imposed by this agreement, then, and in that event,
he shall forfeit to said first party the aforesaid sum of dollars
as liquidated damages; but if said deed and abstract, or either, is dis-
approved by said attorney for cause and objections not removed within
the time stated, then and in that event said sum of dollars shall
be by the said returned to said second party on demand, and
this contract shall thereupon become null and void. If the abstract
and deed is approved by said attorney, then upon the final completion
of this agreement the said sum of dollars shall be applied as
part of the cash payment for said property as hereinbefore stated.
(5) It is also expressly agreed and understood that in the event party
of the first part by or through any fault or neglect on his part fails
or refuses to comply with the terms and conditions of this agreement
he shall become indebted and shall pay to said second party the sum
of dollars as liquidated damages.
This contract is executed in duplicate, and one copy delivered to each
of said parties, this the day and year first above written.
572 TEXAS CIVIL FORM BOOK.
FORMS OF APPEAL TO COURT OF CIVIL APPEALS AND WRIT OF
ERROR TO SUPREME COURT.
No. 696.
AGREED STATEMENT OF FACTS.
vs No In the Court of
County, Texas.
We, the parties to the above styled and numbered cause, whose names
are signed hereto, being all of the parties to this suit, hereby agree that
the following is a true and correct statement of the facts in this cause:
First (here state the facts fully, clearly and specifically,
without stating the testimony on the issues).
Second. Etc.
We also agree to submit this cause as an agreed case under the provi-
sions of the statute, and that it may be determined accordingly.
This the . . dav of . , A. D. 19 . .
Attorney for , Plaintiff.
Attorney for , Defendant.
JUDGE'S CERTIFICATE.
The State of Texas, County of
I, , Judge of the District Court in and for the county
of , State aforesaid, hereby certify that the above and foregoing
statement of the facts now on file in the cause of vs.
, No , on the docket of said court, was signed by the
counsel for all the parties thereto, and was submitted to the court and
disposed of as an agreed case as therein stated, and that same is correct.
To certify which, witness my hand this the .... day of , A. D.
19..
Judge Judicial District of Texas.
R. S. Art. 1379 (1377).
No. 697.
AGREED CASE ON APPEAL.
vs No In the District Court of
County, Texas.
We, the parties to the above styled and numbered cause, whose names
are signed hereto, being all of the parties to this suit, hereby agree that
TEXAS CIVIL FQKM BOOK. 573
the following is a brief statement of this case and of the facts proven
on the trial hereof :
1 (here state the issue or issues made by the pleadings,
concisely, so as to enable the appellate court to determine whether or
not there are any errors in the judgment; or the pleadings, or the Bub-
stance thereof, may be copied in the statement).
2. The following facts were proven : (here state the facts
established, but not the evidence by which they were established).
3. The following issue (or issues) of law are involved in this case.
(The issues of law arising from the case may be stated or not, at the
option of the parties.)
We agree that this case, upon appeal, may be decided upon this agreed
statement, in accordance with the provisions of the statute, and deter-
mined accordingly.
This the day of , A. D. 19 . .
Attorney for , Plaintiff.
Attorney for , Defendant.
JUDGE'S APPROVAL.
The above and foregoing agreed statement of this case and the facts
proved, signed by all the parties thereto, having this day been examined
by me, is found in all things correct, and is hereby approved and ordered
filed as a part of the record in this case.
This the day of , A. D. 19 . .
Judge Judicial District of Texas.
R. S. Art. 1414 (1414).
May be filed within twenty days after the adjournment of the term,
by having an order to that effect entered on the docket.
"28th Leg. (1003), p. 32.
No. 698.
BILL OF EXCEPTIONS.
R. S. Arts. 1360-1369 (1358-1367).
vs No In Court,
County, Texas, Term, A. D. 19. .
Be it remembered that on the trial of the above styled and numbered
cause, in this court, the offered to (here state so
much of the evidence offered as may be necessary to explain it), to which
574 TEXAS CIVIL FORM BOOK.
the counsel for the ........ objected, for the following reasons, viz:
(here state the reasons) and the court sustained said objections,
the excepted to said ruling and herewith tenders his bill of ex-
ceptions, and asks the same may be signed and made a part of the record
in said cause, which is accordingly so done.
, Judge.
R. S. Art. 1361 (1359).
No. 699.
BILL OF EXCEPTIONS.
vs No In the District Court of
County, Texas, Term, A. D. 19 ..
Be it remembered that on the trial of the above styled and numbered
cause, in this court, on this day (or on any certain day, giving it, so as
to show that the bill is prepared and filed in the time allowed by law),
the following proceedings were had, to wit ( here state fully
the proceedings complained of).
To which action of the court, in (state briefly what the action
of the court was) the plaintiff (or defendant, as the case may be) then
and there excepted, and here now, in open court, tenders this, his bill
of exceptions, and prays that the same may be examined, signed and
approved by the court, and ordered filed as a part of the record in this
cause.
This the day of , A. D. 19 . .
Attorney for , Plaintiff (or Defendant).
Presented and agreed to by , Attorney for Plaintiff (or
Defendant).
This bill of exceptions examined, found correct (or incorrect, with
euch qualifications as the judge may see proper to make, before signing
same), and signed and approved and ordered filed as a part of the record
in this cause.
This the day of , A. D. 19 . .
Judge Judicial District of Texas.
TEXAS CIVIL FORM BOOK. 575
No. 700.
BILL OF EXCEPTIONS BY THE COURT.
vs No In the District Court of
County, Texas, Term, A. D. 19 ..
Be it remembered that on the trial of the above styled and numbered
cause, in this court, on the .... day of , A. D. 19. ., the following
proceedings were had, to wit:
1. The plaintiff (or defendant, as the case may be) prepared and
tendered to the court a bill of exceptions to a certain ruling of the
court then and there made, which bill was substantially as follows:
(here state the substance of such bill) ; which bill of excep-
tions was presented to the (adverse party), and to which bill of excep-
tions such party presented the following objections (here state
such objections as such party makes); and the court pointed out to the
party presenting such bill of exceptions the corrections therein desired
to be made, and, they not being agreed to by such party, the court in-
dorsed his refusal to sign such bill of exceptions thereon, and returned
same to the party presenting it. And it thus becoming the duty of the
judge of this court to make out a proper bill of exceptions to present
the said ruling of the court as it occurred, the said judge here now states
that the said proceedings objected to by said party were as follows:
(Here state the facts as in an ordinary bill of exceptions.)
To which ruling of the court the said plaintiff (or defendant, as the
case may be) then and there in open court excepted; and this bill of
exceptions is now here prepared by the court, in accordance with the
facts as they occurred, and is ordered filed as a part of the record in the
cause. To certify all of which, witness my hand this the .... day of
, A. D. 19..
Judge ....'.... Judicial District of Texas.
R. S. Art. 1368 (1368).
Bills of exception may be filed within twenty days after the adjourn-
ment of the term at which such cause may be tried, by having an order
to that effect entered on the docket.
28th Leg. (1903), p. 32.
No. 701.
CONTROVERTED BILL OF EXCEPTIONS AND AFFIDAVITS.
vs No In the District Couri: of
County, Texas, Term, A. D. 19 ..
Be it remembered that on the trial of the above styled and numbered
cause, in this court, on this day, the following proceedings were had,
576 TEXAS CIVIL FORM BOOK.
0
to wit: (here state concisely and fully the proceedings com-
plained of).
To which action of the court, in (here state briefly what the
action was), the plaintiff (or defendant, as the case may be) then and
there excepted, and here in open court tenders this his bill of exceptions,
and prays that the same may be examined, signed and approved by the
court and ordered filed as a part of the record in this cause.
This the day of , A. D. 19 . .
Attorney for , Plaintiff (or Defendant).
(Indorsed by the court: This bill of exceptions is refused by the
court, because, in the opinion of the court, it does not correctly state the
facts excepted to.)
Judge ..,....-. Judicial District of Texas.
The State of Texas, County of
We, , and , three citizens of
this State, who were bystanders and witnesses to the rulings of the court
had in the above styled and numbered cause, to which the above bill of
exceptions relates, certify that we were each personally present at the
time of the occurrences stated therein, and that the statements contained
in the foregoing bill of exceptions are true and correct, arid that the
facts as they occurred are truly and accurately stated therein; and we
further certify that this certificate is now here given at the time of such
occurrences. To certify all of which, we sign our names hereto, this
the day of , A. D. 19..
AFFIDAVITS TO BILL OF EXCEPTIONS.
The State of Texas, County of
Before me, the undersigned authority, on this day personally appeared
, , , and
each of whom is to me well known, and being by me first duly sworn,
each, on his oath, deposes and says, that they, and each of them, were
personalty present in the district court in and for County,
Texas, on the .... day of , A. D. 19. ., during the trial of the
cause of . . . vs , and were witnesses to the fol-
lowing stated proceedings therein, and that they occurred as follows:
(here state the controverted facts as stated in the bill of
exceptions. Or if the affidavits are made on behalf of the party con-
troverting the bill of exceptions as certified to by the bystanders, and
TEXAS CIVIL FORM BOOK. 577
proven, then state the facts according to the understanding of the
affiants).
Witness our hands this the .... day of , A. D. 19 . .
Subscribed and sworn to by and , before
me, etc.
R. S. Art. 1369 (1367).
No. 701 1-2.
PETITION FOR WRIT OF ERROR TO COURT OF CIVIL APPEALS.
vs No In the Court of
County, Texas.
To the Clerk of the Court in and for County, Texas :
1. Your petitioner, , respectfully represents that here-
tofore, to wit, on the . . . day of , A. D. 19. ., a judgment was ren-
dered in this court for the sum of .... dollars and costs of suit, in favor
of and against your petitioner, in a certain cause pending
in this court, numbered on the docket hereof, in which the said
was plaintiff and your petitioner was defendant
(here describe the judgment fully and accurately).
2. That on the . . . day of , A. D. 19. ., your petitioner, having
in due time filed a motion therein for a new trial, this court entered an
order overruling said motion, to which action of the court your petitioner
then and there excepted and had his said exceptions entered of record.
3. That on account of the many errors therein, as is from the record
apparent, your petitioner desires to remove the said judgment (and
order) to the Court of Civil Appeals in and for the Judicial
District of Texas, at , for revision and correction of the many
errors therein.
4. That the said heretofore caused a writ of execution
to issue out of this court and placed the same in the hands of ,
sheriff of County; and has caused said sheriff (or is about to
cause said sheriff) to levy said execution upon a portion of your peti-
tioner's property.
5. That your petitioner presents herewith a supersedeas bond in the
Form Book — 37.
578 TEXAS CIVIL FORM BOOK.
sum and conditioned as required by law, and is desirous of obtaining a
writ of supersedeas to suspend the enforcement of said judgment and
execution.
6. That , who is a resident citizen of County,
Texas, is a party, and the only party, interested adversely to your peti-
tioner in said cause, and Messrs & , resi-
dents of County, Texas, are his attorneys of record in this
cause. Wherefore your petitioner prays for a writ of supersedeas to
issue herein, to the end that said execution and the enforcement of said
judgment be suspended; that citation in error issue to the said ,
in terms of law; and that the said judgment and order may be removed
to the said Court of Civil Appeals for revision and correction of the
many errors therein, pointed out in your petitioner's assignments of
error herein filed, and for all other proper relief.
Attorney for , Petitioner.
R. S. Art. 1391 (1391).
The petitioner shall recite the judgment with sufficient certainty to
identify it. Paragraphs 2, 4 and 5 in petition, should be omitted when
not applicable. Writ of error may be sued out at any time within twelve
months after final judgment is rendered, and not thereafter.
R. S. Art. 1389 (1389).
No. 702.
CITATION IN ERROR.
The State of Texas. To the Sheriff or any Constable of County —
Greeting :
Whereas, on the .... day of , A. D. 19 . ., recovered
a judgment in the Court of County, Texas, in a suit
therein pending, wherein was plaintiff and
was defendant, No , against said for
(describe judgment as set forth in petition for writ, besides costs of
suit) ; and whereas the said , by petition filed on the
.... day of , A. D. 19. ., has made application for and obtained a
writ of error for the revision and correction of said judgment : You are
therefore commanded forthwith to summon the said
to be and appear before the honorable Court of Civil Appeals of the
Supreme Judicial District of the State of Texas, at the session
thereof to be holden at the city of in the county of
in said State, within sixty days from the date of the service of this
citation, then and there to defend said writ of error.
TEXAS CIVIL FORM BOOK. 579
Herein fail not, but of this writ make due return within days,
showing how you have executed the same.
Given under my hand and official seal at my office in Texas,
this day of , A. D. 19..
(Seal.)
Clerk Court County, Texas.
By , Deputy.
R. S. Art. 1394 (1394).
No. 703.
ALIAS CITATION IN ERROR TO COURT OF CIVIL APPEALS.
The State of Texas. To the Sheriff or any Constable of County-
Greeting:
Whereas, on the day of , A. D. 19. ., a judgment was ren-
dered in the Court in and for County, Texas, for the
sum of dollars and all costs of suit, in favor of
against , in a certain cause pending in said court, num-
bered on the docket thereof, in which the said was
plaintiff and the said was defendant (here describe the
judgment as it is described in the petition for writ of error); and
whereas the said has filed with the clerk of said
Court, on the .... day of , A. D. 19 . ., a petition for writ of error
for the revision and correction of said judgment; and whereas citation
has herein been once (or twice, as the case may be) heretofore issued
according to law and returned not executed (or not returned, as the
case may be) :
You are therefore commanded, as you have one time (or twice, as the
case may be) before been, forthwith to summon the said to
appear and defend the said writ of error before the said Court of Civil
Appeals for the Supreme Judicial District within sixty days
from the date of service of this citation, at , in the county
of
Herein fail not, but of this writ make due return within ten days
(or twenty days, if the defendant resides out of the county), showing
how you have executed the same.
Witness , Clerk of the Court in and for
County.
Given under my hand and seal of said court, at my office in ,
this the day of , A. D. 19 ..
Clerk of the Court, County, Texas.
Issued the .... day of , A. D. 19 . .
Clerk of the Court, County, Texas.
R. S. Art. 1397 (1397).
580 TEXAS CIVIL FORM BOOK.
SHERIFF'S RETURN ON CITATION.
Came to hand this day of , A. D. 19. ., at o'clock
. . m., and executed on the .... day of ....... A. D. 19 . ., at ,
in County, Texas, by delivering to the within named ,
in person, a true copy of this writ. The distance actually traveled in
the execution of such process is miles.
Sheriff County, Texas.
By , Deputy.
Fees — Service, $ ; mileage, miles, $ ; total, $
R. S. Art. 1395 (1395).
If the defendant in error is a nonresident of the State, or if it appears
from the return of the sheriff or constable that he cannot be found in
the county of his residence, the citation shall direct the officer to sum-
mon the defendant by making service on his attorney of record, if there
be one.
R. S. Art. 1398 (1398).
No. 704.
COST BOND TO COURT OF CIVIL APPEALS.
vs No In the Court of
County, Texas.
Whereas, in the above styled and numbered cause, pending in the
Court of County, and at a regular term of said court,
to wit, on the .... day of , A. D. 19 . ., the said
recovered judgment against the said for the sum of
dollars, with interest thereon from the .... day of , A. D. 19. .,
at .... per cent per annum, and all costs of suit (and whereas, on the
.... day of , A. D. 19. ., a motion theretofore filed by the said
praying for a new trial was overruled, to which action of
the court the said then and there excepted and gave notice
• of appeal to the Court of Civil Appeals of the Supreme Judicial
District at ), from which judgment (and order) the said
has taken an appeal (or sued out a writ of error, as the
case may be) to the Court of Civil Appeals for the Supreme
Judicial District, at , in the county of :
Now therefore we, , as principal, and
and ., as sureties, acknowledge ourselves bound to pay
the sum of dollars (to be at least double the probable
amount of the costs of the suit in the Court of Civil Appeals, the Supreme
Court and the court below, to be fixed by the clerk of the court below),
TEXAS CIVIL FORM BOOK. 581
conditioned that the said , appellant (or plaintiff in error,
as the case may be), shall prosecute his appeal (or writ of error, as the
case may be), with effect,' and shall pay all the costs which have ac-
crued in the court below, and which may accrue in the Court 6f Civil
Appeals and the Supreme Court.
Witness our hands this the .... day of , A. D. 19. .
Principal.
Surety.
Surety.
I have fixed the probable amount of the costs of this suit in the Court
of Civil Appeals, the Supreme Court and the court below at
dollars, and approve the foregoing bond, this the .... day of ,
A.D. 19..
Clerk of the Court of County, Texas.
R. S. Art. 1400 (1400).
Appeal bond should be filed within twenty days after the expiration of
the term. If the term of the court may by law continue more than «ight
weeks, the bond or affidavit in lieu thereof shall be filed within twenty
days after notice of appeal is given, if the party taking the appeal resides
in the county, or thirty days if he resides out of the county.
R. S. Art. 1387 (1387).
No. 705.
AFFIDAVIT IN LIEU OF APPEAL BOND.
vs. , No. , In . . Court of
County, Texas.
Before me, the undersigned authority, on this day personally appeared
, the defendant in the above styled and numbered cause,
pending (or lately pending) in the Court of County,
Texas, who, being by me first duly sworn, on his oath says, that at a
regular term of said court, to wit, on the .... day of , A. P.
19. ., the said , plaintiff in said cause, recovered a judg
ment against him, the said , for the sum of dollar?,
with interest thereon from the .... day of , A. D. 19. ., at the
rate of .... per cent per annum, and all costs of suit, from which said
judgment he, the said , desires to prosecute an appeal (or
582 TEXAS CIVIL FORM BOOK.
writ of error, as the case may be) to the Court of Civil Appeals for the
Supreme Judicial District, and that he is unable to pay the
costs of appeal (or writ of error, as the case may be), or any part thereof,
or to give security therefor.
And affiant further states, on his oath aforesaid, that he resides in
Count}7, Texas (the county of which the county judge taking
the proof is judge, in case he is not the judge of the court wherein th"
judgment appealed from was rendered).
Subscribed and sworn to before me, by , this the ....
day of , A. D. 19..
Judge of the Court of County, Texas.
R. S. Art. 1401 (1401).
Such proof shall be made before the county judge of the county where
such party resides, or before the court trying the case, and shall consist
of the affidavit of the party, stating his inability to pay the costs. Said
affidavit may be contested by any officer of the court or party to the suit,
whereupon it shall be the duty of the court trying the case, if in session,
or the county judge of the county in which the suit is pending, to hear
evidence and to determine the right of the party, under this article, to
his appeal.
Order of court must show that same was made in session. A. Sidotas v.
Rapid Transit Ry. Co., Texas L. Journal, Vol. 3, No. 4, p. 464; 89 T. 77,
Graves v. Horn.
No. 706.
SUPERSEDEAS BOND.
vs JSTo In the Court of
County, Texas.
Whereas, in the above entitled and numbered cause, pending in the
Court of County, Texas, and at a regular term of
said court, to wit, on the .... day of , A. D. 19. ., the said
recovered judgment against the said for the
sum of dollars, with interest thereon from the .... day of ,
A. D. 19.., at .... per cent per annum, and all costs of suit (and
whereas, on the .... day of , A. D. 19. ., a motion theretofore
filed by the said praying for a new trial was overruled, to
which action of the court the said then and there excepted
and gave notice of appeal to the Court of Civil Appeals of the
Supreme Judicial District, at ), from which judgment (and
TEXAS CIVIL FORM BOOK. 583
order) the said has taken an appeal (or sued out a writ of
error) to the Court of Civil Appeals for the Supreme J udicial
District, at , in the county of :
Now therefore we, , as principal, and and
, as sureties, acknowledge ourselves bound to pay said
the sum of dollars (at least double the amount of
the judgment, interest and costs), conditioned that the said ,
appellant (or plaintiff in error, as the case may be), shall prosecute his
appeal (or writ of error, as the case may be), with effect, and in case the
judgment of the Supreme Court or the Court of Civil Appeals shall be
against him, he shall perform its judgment, sentence or decree, and pay
all such damages as said court may award against him.
Witness our hands this the .... day of , A. D. 19. .
Principal.
Surety.
Surety.
I have fixed the probable amount of the costs of this suit in the Court
of Civil Appeals, the Supreme Court and the court below at
dollars, and approve the foregoing bond.
This the day of , A. D. 19. .
Clerk of the Court of County, Texas.
R. S. Art. 1404 (1404).
No. 707.
SUPERSEDEAS BOND FOR LAND,
vs. . No. . In the . . Court of
County, Texas.
Whereas, in the above styled and numbered cause, pending in the
Court of County, Texas, and at a regular term of said
court, to wit, on the day of , A. D. 19. ., the said
recovered judgment against the said for the sum of
dollars, with interest thereon from the .... day of , A. D. 19. .,
at per cent per annum, and all costs of suit (and whereas, on the
.... day of , A. D. 19. ., a motion theretofore filed by the said
f praying for a new trial, was overruled, to which action of
the court the said then and there excepted and gave notice
of appeal to the Court of Civil Appeals of the Supreme Judicial
584 TEXAS CIVIL FORM BOOK.
District, at ), from which judgment (and order) the said
has taken an appeal (or sued out a writ of error, as the case
may be) to the Court of Civil Appeals for the Supreme Judicial
District, at , in the county of :
Now therefore we, , as principal, and and
, as sureties, acknowledge ourselves bound to pay said
the sum of dollars (at least double the amount of
the judgment, interest and costs), conditioned that the said ,
appellant (or plaintiff in error, as the case may be), shall prosecute his
appeal (or writ of error, as the case may be) with effect, and in case the
judgment of the Supreme Court or the Court of Civil Appeals shall be
against him, he shall perform its judgment, sentence or decree, and pay
all such damages as said court may award against him; and that said
, appellant (or plaintiff in error, as the case may be),
shall, in case the judgment is affirmed, pay the said ,
appellee (or defendant in error, as the case may be), the value of the
rent or hire of such property, in any suit which may be brought therefor.
Witness our hands this the .... day of , A. D. 19. .
Principal.
Surety.
Surety.
I have fixed the probable amount of the costs of this suit in the Court
of Civil Appeals, the Supreme Court and the court below at
dollars and approve the foregoing bond, this the .... day of ,
A. D. 19..
Clerk of the Court of County, Texas.
R. S. Art. 1405 (1405).
When the judgment is for damages as well as for land, the bond must
be conditioned as required in article 1404 as well as in this article.
No. 708.
SUPERSEDEAS BOND IN ERROR.
vs No In Court of
County, Texas, Term, A. D. 19 ..
Whereas, in the above entitled and numbered cause, pending in the
Court of County, Texas, at a regular term of said
court, to wit, on the .... day of , A. D. 19 . ., the said
TEXAS CIVIL FORM BOOK. 585
recovered judgment against the said for the sum of
dollars, with interest thereon from the .... day of , A. D. 19. .,
at the rate of .... per cent per annum, besides costs of suit, and the said
, on the day of , A. D. 19 . ., filed in said
court his petition for a writ of error, stating that he desires to remove
said judgment and proceedings to our Court of Civil Appeals for the
Supreme Judicial District for revision and correction :
Now therefore we, the said , as principal, and
and , as sureties, acknowledge ourselves bound to pay to the
said the sum of dollars.
Conditioned that the said , plaintiff in error, shall
prosecute his said writ of error with effect, and in case the judgment of
the Supreme Court or the Court of Civil Appeals shall be against him,
that he shall perform its judgment, sentence or decree, and pay all such
damages as said court may award against him.
Witness our hands this .... day of , A. D. 19 . .
Principal.
Surety.
Surety.
1
I have fixed the probable amount of the costs of this suit in the Court
of Civil Appeals, the Supreme Court and the court below at
dollars and approve the foregoing bond, this the .... day of ,
A. D. 19..
Clerk of the Court, County, Texas.
By , Deputy.
R. S. Art. 1404 (1404).
No. 709.
WRIT OF SUPERSEDEAS.
The State of Texas. To the Sheriff or any Constable of County
— Greeting :
Whereas, on the day of , A. D. 19. ., in cause No ,
entitled vs in the Court of
County, judgment was rendered in said court in favor of said plaintiff
and against said defendant for the sum of dollars and all costs in
that behalf expended, and to enforce the collection of which judgment
the clerk of said court did, on the .... day of , A. D. 19. ., at tho
request of said plaintiff, issue an execution against the property of said
586 TEXAS CIVIL FORM BOOK.
defendant, which execution is now in the hands of , sheriff
of County.
And whereas, since the issuance of said execution on, to wit, the ....
day of , A. D. 19. ., the defendant in said judgment filed in this
court a supersedeas bond in said cause:
Therefore, you are hereby commanded that you require the said
, sheriff of said county aforesaid, to suspend all further
proceedings, under the aforesaid execution, until said cause is finally
determined by the (Supreme or Appellate Court) to which the
same has been appealed.
Herein fail not, but of this writ make due return showing how you
have executed the same.
Witness , Clerk of the Court of
County.
Given under my hand and seal of said court, at office in , on
this the day of , A. D. 19. .
Clerk Court, County, Texas.
By , Deputy.
R. S. Art. 1406 (1406).
No. 710.
CLERK'S CERTIFICATE AND INDORSEMENT ON TRANSCRIPT.
CAPTION.
The State of Texas, County of
At a term of the district (or county) court, begun and holden at
, within and for the county of , before the Hon.
, and ending on the .... day of , A. D. 19. ., the
f ollowing case came on for trial, to wit : vs ,
No
CERTIFICATE.
The State of Texas, County of
I, , clerk of the district (or county) court in and for the
county of , hereby certify that the foregoing pages con-
tain a true and correct transcript of the record of all the proceedings had
in this cause (or a transcript of all the proceedings in this cause, except
the citation and return thereon, or except (here state the part
omitted) which is omitted by agreement copied in the transcript (or is
a true and correct copy of the proceedings in the case, except the plead-
ings and anything else not included in the agreed case, and also the
TEXAS CIVIL FORM BOOK. 587
agreed case together with the approval of the judge), as the same appears
of record and now on file in my office.
To certify which, witness my hand and seal of this court this the
day of , A. D. 19..
(Seal.)
Clerk of the District Court, County, Texas.
INDORSEMENT.
, Appellant (or Plaintiff in Error) , Appel-
lee (or Defendant in Error). From County.
Applied for by on the day of , A. D. 19. .,
and delivered to (same person) on the day of ,
A. D. 19..
Clerk of the District Court, County, Texas.
R. S. Art. 1416 (1416).
No. 711.
BRIEF.
No
IN THE COURT OF CIVIL APPEALS OF TEXAS.
For the Supreme Judicial District, at ...
. ., Appellant (or Plaintiff in Error)
vs.
., Appellee (or Defendant in Error).
From Court of County.
Brief for Appellant (or Plaintiff in Error)
or
Brief for Appellee (or Defendant in Error).
STATEMENT OF THE NATURE AND RESULT OF THE SUIT.
(The appellant or plaintiff in error, in preparing his brief, shall make
a preliminary statement in general terms of the nature and result of the
suit, such, for example, as the following : " This was an action of tres-
pass to try title, which was brought by the appellant against the appellee
and in which judgment was rendered for the defendant." This may, at
588 TEXAS CIVIL FORM BOOK.
the option of the counsel for the appellant or plaintiff in error, be fol-
lowed by a brief statement of the case and such other matters as may be
deemed proper as an introduction to the assignments of error, as, for
instance, among other things as follows : Judgment was rendered for
the plaintiff for the land in controversy. Motion for new trial was filed,
and on the .... day of , A. D. 19 . ., was by the court in all things
overruled, to which action of the court the defendant excepted, and in
open court gave notice of appeal to the Court of Civil Appeals of the
Supreme Judicial District and filed his appeal bond as required
by law. And this cause has been properly brought to this court by
appeal (or writ of error, as the case may be).
(The appellee, or defendant in error, may acquiesce in appellant's
statement of the nature and result of the suit or correct that part of
same which is objectionable, or he may make a statement of the nature
and result of the suit, as required by the appellant.)
See Rule 29.
FIRST ASSIGNMENT OF ERROR.
(Here copy the assignment of error, and give the subsequent assign-
ments as they appear in the brief.)
FIRST PROPOSITION UNDER FIRST ASSIGNMENT OF ERROR.
(Here state the proposition of law raised by said assignment, or if
said assignment is in the nature of a proposition of law, then submit it
as such, thus : " First Assignment of Error Adopted as a Proposition.")
(Appellee's brief, the counter proposition may be stated thus: First
Counter Proposition to First Proposition under First Assignment of
Error. Appellee must here state the proposition of law contended for
by him under said assignment.)
STATEMENT.
(Here make a statement from the record of such matters as are neces-
sary to support said proposition, giving the page of the record from the
transcript, as Tr )
AUTHORITIES.
(Here give the authorities relied on in the order given in rule 36.)
ARGUMENT.
(Here may follow the argument, or a separate written argument may
be filed.)
We respectfully submit this cause upon the record and this brief, and
pray that the judgment may be reversed and remanded (or rendered, or
affirmed, as the case may be).
Attorney for , Appellant (or Appellee).
Rules 29-44.
TEXAS CIVIL FORM BOOK. 589
No. 712.
NOTICE OF FILING BRIEF.
, Appellant, vs , Appellee. No
To , Appellee in the above entitled cause, or ,
Attorney of Eecord :
You are hereby notified that the above named appellant, on the ....
day of , A. D. 19 . ., filed with me as clerk of the Court
of County, Texas, a copy of his brief, which has been by m«
deposited with the papers of the cause with the date of the filing indorsed
thereon.
Given under my hand and seal of said court, at office in ,
Texas, this the .... day of , A. D. 19 . .
Clerk Court, County, Texas.
SHERIFF'S RETURN THEREON.
Came to hand this .... day of , A. D. 19. ., at .... o'clock
. .m., and executed on this the .... day of , A. D. 19. ., by
delivering to , at , in County, Texas,
attorney of record for the within named appellee, in person a true copy
of this notice. The distance traveled in the execution of such process
is .... miles.
Fees, $
Sheriff County, Texas.
R. S. Art. 1417 (1416a).
The appellant or plaintiff in error, not less than five days before the
time of filing the transcript in the Court of Civil Appeals, shall file with
the clerk of the district court a copy of his brief, which shall be by the
clerk deposited with the papers of the cause, with the date of filing in-
dorsed thereon, and the clerk shall forthwith give notice to the appellee
or defendant in error, or his attorney of record, of the filing of such
brief, and in twenty days after such notice the appellee or defendant in
error shall file a copy of his brief with the clerk of said court below.
On or before the day fixed for the hearing of the cause, four copies of
the brief of each of the parties required to be filed in the office of the
clerk of the trial court shall be filed with the papers in the cause in the
office of the clerk of the Court of Civil Appeals.
Rule 4 la C. of A.
590 TEXAS CIVIL FORM BOOK.
No. 713.
MOTION TO AFFIRM ON CERTIFICATE.
Xo In the Court of Civil Appeals, Supreme Judicial
District of Texas, at
, appellant (or plaintiff in error) vs ,
appellee (or defendant in error). Appealed from County.
Motion of appellee (or defendant in error.)
Xow comes , appellee (or defendant in error), in the
above entitled cause pending in this court, and says that the appellant
(or plaintiff in error) has failed to file a transcript of the record of this
cause in this court as directed by law, as is fully shown by certificate of
affirmance on file in this court. Wherefore he asks that the judgment
of the court below be affirmed on certificate by this court.
Eespectfully submitted,
Counsel for Appellee (or Defendant in Error).
Rule C. A. 44.
No. 714.
CERTIFICATE OF AFFIRMANCE.
The State of Texas, County of
At a term of the court, begun and holden at within and for
the county of , before the Hon , judge thereof,
on the .... day of , A. D. 19 . ., and ending on the .... day of
, A. D. 19 . ., the following cause came on for trial : ,
Plaintiff, vs , Defendant. No
And afterward, to wit, on the .... day of , A. D. 19 . ., a judg-
ment was rendered therein by said court, in words and figures as follows:
(here copy the judgment.)
(And afterward, to wit, on the .... day of , A. D. 19. ., said
filed in said court his motion for a new trial in words as
follows (here copy the motion), which said motion was on the
.... day of, , A. D. 19. ., in all things overruled.)
And afterward, to wit, on the .... day of , A. D. 19 . ., said
, in open court, gave notice of appeal, which was noted
on the docket and entered of record in words as follows (here
copy the entry).
And afterward, to wit, on the .... day of , A. D. 19 . ., said
filed his appeal bond in words and figures as follows :
(here copy appeal bond and indorsements).
TEXAS CIVIL FORM BOOK. 591
And af terward, to wit, on the . . . f day of , A. D. 19 . . , said
filed his appeal bond in words and figures as follows :
(here copy petition for writ of error and the bond with their
indorsements).
And afterward, to wit, on the .... day of , A. D. 19. ., the
clerk of said court issued a citation in error, which was duly served
upon defendant in error, which, with the return thereon, is in words
and figures as follows: (here copy the citation in error and
the return thereon).
[In cases appealed from a court, wherein the judgment rendered is
not sufficient in amount to confer jurisdiction upon such court, such
portion of the record should be included in the certificate as will serve
to show that such court had jurisdiction over the subject matter of
litigation, as follows: That the plaintiff's petition in this cause is in
words as follows: (here copy the petition) or this cause
originated in a justice of the peace court and the original citation and
statement of plaintiff's cause of action and the transcript on appeal
therefrom are in words and figures as follows : (here copy
citation and transcript on appeal).]
The State of Texas, County of
I , clerk of the court of County, Texas, hereby
certify that the foregoing .... pages contain a true and correct copy
of the judgment (motion for new trial, if made), notice of appeal, appeal
bond (petition and bond for writ of error, and citation and return
thereon), (original petition, or original citation and transcript on ap-
peal) in a certain cause determined in said court, numbered .... on
the docket thereof, wherein is plaintiff and
ig defendant.
Witness my hand and the seal of said court this the .... day of ,
A. D. 19..
(Seal.)
Clerk of the District Court of County, Texas.
Indorsement: , Appellant (or Plaintiff in Error).
, Appellee (or Defendant in Error). From
County.
Applied for by on the .... day of , A. D. 19 . .,
and delivered to (same person) on the .... day of ,
A. D. 19..
Clerk of the District Court of County, Texas.
R. S. Art. 1016.
The transcript shall be filed with the clerk of the Court of Civil
Appeals within ninety days from the perfecting of the appeal or service
of the writ of error; provided, that for good cause the court may permit
the transcript to be thereafter filed upon such terms as it may prescribe.
B vS. Art. 1015.
592 TEXAS CIVIL FORM BOOK.
No. 715.
NEW APPEAL BOND.
vs No In the District Court of
County, Texas.
Whereas, in the above styled and numbered cause, pending in the Dis-
trict Court of County, and at a regular term of said court,
to wit, on the .... day of , A. D. 19 . ., the said
recovered judgment against the said for the sum of
dollars, with interest thereon from the .... day of , A. D. 19. .,
at .... per cent per annum, and all costs of suit (and whereas, on the
.... day of , A. D. 19.., a motion theretofore filed by the
said , praying for a new trial was overruled, to which
action of the court the said then and there excepted
and gave notice of appeal to the Court of Civil Appeals of the
Supreme Judicial District at ), from which judg-
ment (and order) the said has taken an appeal (or sued
out a writ of error, as the case may be) to the Court of Civil Appeals
of the Supreme Judicial District, at , in the county
of ; and whereas, on the .... day of , A. D. 19 . ., the
said filed an appeal (or writ of error) bond in the said
cause, which was on the .... day of , A. D. 19 . ., on motion of
the said , appellee (or defendant in error), held by the
Court of Civil Appeals of the Supreme Judicial District to be
defective in substance (or which bond is conceded to be defective in
substance); and whereas, said Court of Civil Appeals made and en-
tered an order allowing and permitting the said , ap-
pellant (or plaintiff in error), .... days from the date of said order
within which to file a new appeal (or writ of error) bond conditioned as
required by law:
Now therefore we, , as principal, and
and , as sureties, acknowledge ourselves bound to pay
the sum of dollars, conditioned that the said
, appellant (or plaintiff in error), shall prosecute his
appeal with effect, and shall pay all the costs which have accrued in the
court below, and which may accrue in the Court of Civil Appeals and
the Supreme Court.
Witness our hands this the .... day of , A. D. 19 . .
Principal.
Surety.
Surety.
TEXAS CIVIL FORM BOOK. 593
I have fixed the probable amount of the costs of this suit in the Court
of Civil Appeals, the Supreme Court and the court below at
dollars, and approve the foregoing bond, this the .... day of ,
A. D. 19..
Clerk of the District Court of County, Texas.
R. S. Art. 1025.
No. 716.
MOTION FOR REHEARING IN THE COURT OF CIVIL APPEALS.
IN THE COUBT OF ClVIL APPEALS.
For the Supreme Judicial District, at
. ., Appellant (or Plaintiff in Error)
vs.
., Appellee (or Defendant in Error).
Appeal from the District Court of County, Texas.
APPLICATION FOR REHEARING.
Now comes the appellant (or plaintiff in error, as the case may be)
(or appellee, or defendant in error) , in the above styled
and numbered cause, and moves the court to set aside the judgment
heretofore rendered in this cause affirming (or reversing and remanding
or rendering, as the case may be) the judgment of the court below, and
to grant a rehearing, and reverse (or affirm) the judgment of the court
below for the following reasons, to wit :
First. Because the court erred (here state the error com-
plained of by appellant (or appellee) against the Court of Civil Appeals).
Statement. (Here -make a statement from the record of such matters
as tend to sustain the contention made.)
Authorities. (Here state the authorities relied on.)
Remarks. (Here may follow such an argument on the proposition as
the counsel may desire to make.)
Second. Etc.
Appellant (or appellee) represents that , who resides in
County, Texas, is the attorney of record of the appellee (or
appellant), (or if unknown, give the name and residence of the opposing
. party as shown by the record).
Wherefore appellant (or appellee) prays that notice according to law
be given of this application, and that, on hearing hereof, the judgment
Form Book — 38.
594 TEXAS CIVIL FORM BOOK.
affirming (or reversing) the cause heretofore rendered herein be set
aside and a rehearing granted, and that further proceedings be had
herein as prayed for in appellant's (or appellee's) original brief.
Attorney for , Appellant (or Appellee).
Postoffice : , Texas.
R. S. Art. 1030,
Said motion may be filed within fifteen days after the date of entry
of the judgment or decision of the court or the filing of the findings of
fact and conclusions of law.
No. 717.
PETITION FOR WRIT OF ERROR TO SUPREME COURT.
IN THE SUPREME COURT OF THE STATE OF TEXAS.
. , Plaintiff in Error, versus , Defendant in
Error.
Appeal from the District Court of County, Texas. Judgment
reversed and the cause remanded by the Court of Civil Appeals for
Supreme Judicial District, at , and appellee's motion
for rehearing overruled.
APPLICATION FOR WRIT OF ERROR.
To the Honorable Supreme Court of the State of Texas:
Your petitioner, , respectfully represents that, in the
above styled and numbered cause, on the .... day of , A. D. 19. .,
the Court of Civil Appeals, at , reversed and remanded said
cause and thereafter, in due time, your petitioner filed his application
for a rehearing in said Court of Civil Appeals, which application was
thereafter by the said court overruled and denied.
Petitioner further represents to the court that the said judgment of
the Court of Civil Appeals practically settles the case, as will appear to
this honorable court from the following statement of the case :
The petition charges, in substance (here state the substance of the
petition, or the issues in the case as raised in the pleadings).
The trial resulted in a verdict and judgment (here state the result
of the trial).
The defendant appealed, and the Court of Civil Appeals held as
follows : (here state the holding of the court).
The witness (here state such portion of the evidence in the case as will
show that the Court of Civil Appeals erred in matter of law).
TEXAS CIVIL FORM BOOK. 595
The evidence relied upon by the defendant for the purpose of showing
(here state substance, as above, to show error of law).
Your petitioner now applies to the Supreme Court for a writ of error
to the end that said court may review the said cause and the action of
the Court of Civil Appeals therein, and correct such action, and as
reasons and grounds for the granting of such writ of error, your peti-
tioner assigns the following errors committed by the Court of Civil Ap-
peals in reversing said judgment and remanding said cause, and in
refusing a rehearing, to wit:
First. The Court of Civil Appeals erred in (here state the error);
because (here state the reasons).
Statement from the Record. (Here make such statement as appears
proper from the record.)
Authorities. (Here cite the authorities.)
Remarks. (Here may follow an argument.)
Your petitioner represents that , who resides in
County, Texas, is the attorney of record of the appellant.
Wherefore petitioner prays for a writ of error in said cause to the
end that said cause may be brought before this court, and the aforesaid
errors reviewed and corrected.
Attorney for Plaintiff in Error.
Postoffice: , Texas.
R. S. Art. 942 (lOllb).
Rule 1.
The petition shall be filed with the clerk of the Court of Civil Appeals
within thirty days from the overruling of the motion for rehearing.
No. 718.
BOND, WHEN REQUIRED.
., Plaintiff in Error, vs , Defendant in Error.
No In the Supreme Court of the State of Texas.
Whereas in the above styled and numbered cause pending in the
Supreme Court of the State of Texas, and at a regular term of said
court, to wit, on the day of , A. D. 19 . ., the said . . . ,
plaintiff in error, having theretofore filed an application in said court
for a writ of error to review a judgment of the Court of Civil Appeals
of the Supreme Judicial District of Texas, at , re-
versing and remanding (or affirming) a certain cause then pending in
said Court of Civil Appeals, wherein was appellant (or
plaintiff in error) and was appellee (or defendant in error) ;
596 TEXAS CIVIL FORM BOOK.
and whereas the said , plaintiff in error, in said Supreme
Court, has given no appeal (or writ of error) bond in this cause; and
whereas the said Supreme Court, by an order made and entered of record,
on the day ........ A. D. 19. ., specified that the plaintiff in error,
as a condition precedent to his right to have said writ of error granted,
should enter into bond in the sum of dollars :
Now therefore we, , plaintiff in error, as principal,
and and , as sureties, acknowledge ourselves
bound to pay the sum of dollars, conditioned that
the said , plaintiff in error, shall prosecute L:s writ of
error with effect, and shall pay all the costs which have accrued in the
court below, and which have accrued in the Court of Civil Appeals and
which may accrue in the Supreme Court.
Witness our hands this the . . . ..day of , A. D. 19. .
Principal.
Surety.
Surety.
This bond is approved and filed this the .... day of , A. D.
19..
Clerk of the District Court of County, Texas.
R. S. Art. 942 (lOllb).
Said bond shall be filed in the trial court, to be approved by the clerk
of said court, and a certified copy thereof shall be at once transmitted to
the Supreme Court.
No. 719.
AFFIDAVIT OF INABILITY TO PAY COSTS AND MOTION TO RETURN
MANDATE.
No In the Court of Civil Appeals, Supreme Judicial
District of Texas, at ........
, Appellant (or Plaintiff in Error) vs , Ap-
pellee (or Defendant in Error). Appealed from County.
Affidavit and motion of appellee (or defendant in error).
Now comes , appellee (or defendant in error) in the
above entitled cause, lately pending in this court, who, being duly sworn,
upon his oath says, that he is unable to pay the costs adjudged against
him upon the rendition of final judgment herein, or any part thereof,
or give security therefor.
TEXAS CIVIL FORM BOOK. 597
Wherefore he prays the court for an order to require the clerk of this
court to issue mandate in this cause to the court below, etc.
Subscribed and sworn to before me, by , this the ....
day of , A. D. 19..
(Seal.)
(Official Character).
R. S. Art. 97C (1050).
No. 720.
PETITION FOR REMOVAL OF A CASE TO THE UNITED STATES CIRCUIT
COURT ON THE GROUND OF CITIZENSHIP.
, Plaintiff, vs , Defendant. No In
District Court of County, Texas.
To the Honorable District Court of said County :
Now comes your petitioner and respectfully shows to the court, that
the matter and amount in dispute in the above entitled cause exceeds the
sum or value of $2,000, exclusive of interest and costs. That the con-
troversy in said suit is, and at the time of the commencement of this
suit was, between citizens of different States, and that your petitioner,
the defendant in the above entitled and numbered suit, was at the time
of the commencement of this suit, and still is, a resident of and a citizen
of the city of , in the county of , in the State of
, and a nonresident of the State of Texas, and that the plain-
tiff, , was then, and still is, a resident and citizen of the
county of , in the State of Texas.
And your petitioner further shows to the court that the time within
which defendant is required by the laws of the State of Texas, or the
rule of said court in which this suit is brought, to answer or plead to the
declaration or complaint of the plaintiff, has not yet expired, and your
petitioner offers herewith bond, with good and sufficient surety, for his
entering in the Circuit Court of the United States for the
District of Texas, at , on the first day of its next session, a copy
of the record in this suit, and for paying all costs that may be awarded
by said circuit court, if said court shall hold that this suit was wrong-
fully or improperly removed thereto.
Wherefore defendant prays this honorable court to proceed no further
herein, except to make the order of removal required by law, and to
accept the said surety and bond, and to cause the record herein to be
removed into said Circuit Court of the United States in and for the
district, at , and as in duty bound he will ever pray.
, Petitioner.
, Attorney for Petitioner.
598 TEXAS CIVIL FORM BOOK.
The State of Texas, County of
, being duly sworn, on his oath says that he is the
defendant in the above entitled and numbered cause, and has carefully
read over the above and foregoing petition, and knows the contents
thereof, and that the statements therein contained are true.
Sworn to and subscribed before me, this the .... day of
A. D. 19 . .
(Seal.)
No. 721.
PETITION FOR REMOVAL WHERE THERE IS A SEPARABLE CONTRO-
VERSY WHICH IS WHOLLY BETWEEN CITIZENS
OF DIFFERENT STATES.
vs No In District Court of
County, Texas.
To the Honorable District Court of said County:
Now comes your petitioner, , and respectfully represents
to the court that he is one of the defendants in the above entitled and
numbered cause, and that the matter and amount in dispute exceeds the
sum or value of $2,000, exclusive of interest and costs.
And your petitioner shows to this court that said suit is of a civil
nature, and there is in said suit a controversy which is wholly between
citizens of different States, and which can be fully determined as be-
tween them, to wit : between , the plaintiff, who is and was
at the time of the commencement of this suit a citizen of the State of
, and your petitioner, , who is and was at the time
of the commencement of this suit, a citizen of the State of
And your petitioner further shows to the court that said controversy
is of the following nature, to wit (here set out the nature of
the controversy, and show the separate part of it, and how it can be
fully determined between the parties named in this petition).
And your petitioner also shows to the court that the said plaintiff and
your petitioner are both actually interested in said controversy ; that the
time within which this defendant is required by the laws of the State of
Texas, or the rule of said court in which this suit is brought, to answer
or plead to the declaration or complaint of the plaintiff, has not yet
expired, and your petitioner offers herewith bond, with good and suffi-
cient surety, for his entering in the Circuit Court of the United States
for the District of Texas, at , on the first day of its
next session, a copy of the record in this suit, and for paying all costs
TEXAS CIVIL FORM BOOK. 599
that may be awarded by said circuit court, if said court shall hold that
this suit was wrongfully or improperly removed thereto.
Wherefore defendant prays this honorable court to proceed no further
herein, except to make the order of removal required by law, and to
accept the said surety and bond, and to cause the record herein to be
removed into said Circuit Court of the United States in and for the
District, at , and as in duty bound he will ever pray.
, Petitioner.
(Add verification, as in preceding form.)
No. 722.
BOND FOR REMOVAL TO UNITED STATES COURT.
The State of Texas, County of
Know all men by these presents, that I, , as principal,
and and , as sureties, are held and firmly
bound unto in the sum of dollars, for the payment
. of which, well and truly to be made, we do jointly and severally bind
ourselves, our heirs, legal representatives and assigns, firmly by these
presents.
The condition of the above bond is as follows: That, whereas, the
above bounden, , has filed his petition in the District Court
in and for the county of , State of Texas, for the removal to
the Circuit Court of the United States, in and for the District
of Texas, at , of a certain cause pending in said State Court
No on the docket thereof, wherein the said is plain-
tiff, and the said is defendant.
Now, if the said shall enter in the said Circuit Court of
the United States, on the first day of its next session, a copy of the
record in said suit, and shall well and truly pay all costs that may be
awarded by said Circuit Court of the United States, if said court shall
hold that said suit was wrongfully or improperly removed thereto, then
this obligation shall be void, otherwise to remain in full force and virtue.
Witness our hands and seals this .... day of , A. D. 19. .
(Seal.)
Sufficiency of the bond is a question for the court and not of its clerk.
600 TEXAS CIVIL FORM BOOK.
No. 723.
ORDER OF REMOVAL FROM STATE COURT TO UNITED STATES COURT.
vs No In District Court of
County, Term, A. D. 19..
Now on this the .... day of , A. D. 19 . ,, came
and presents herein his petition for removal of this cause to the
Court of the United States for the District of Texas, and this
circuit and district, and also his bond, conditioned according to law, and
it is now ordered that said petition and bond be filed and said bond be
accepted and approved, and this court will proceed no further herein,
the said cause being removed to the Court of the United States
for the District of Texas, by virtue of said petition and bond.
No. 724.
PROOF OF HEIRSHIP.
The State of Texas, County of
Before me, the undersigned authority, on this day personally appeared
and each known to me to be credible per-
sons, each being by me duly sworn upon his oath says that he was per-
sonally and well acquainted with and his wife,
during their lifetime ; that they lived together as husband and wife until
the death of the said ; that the following children, only,
were born of said marriage, to wit : , and ,
all of whom are now living ; that the said departed this
life in County, Texas, on or about the .... day of , A.
D. 19. ., intestate, leaving his wife, , and the following
children surviving him, to wit : , and
, his only surviving heirs at law.
That departed this life in County, Texas,
intestate, on or about the .... day of , A. D. 19. ., leaving the
following children, her only surviving heirs at law, to wit: ,
and That affiants were each personally
and intimately acquainted with the said and ,
and their said children, and no other issue were born of said marriage,
except as above named, and that the said did not remarry
after the death of her said husband,
That , and are all and the
only surviving heirs at law of the said and
Sworn to and subscribed before me, under my official hand and seal,
Ihis day of , A. D. 19. .
Notary Public in and for County, Texas.
TEXAS CIVIL FORM BOOK. 601
FORMS FOR THE INCORPORATION OF INDEPENDENT SCHOOL
DISTRICTS.
FOREWORD.
I.
The statutory provisions governing the incorporation of towns and
villages for free school purposes only, are Articles 616a and 580 to 586
of Sayles' Texas Civil Statutes, and sections 149 to 152 of chapter 124,
General Laws of Regular Session of Twenty-ninth Legislature (same
numbered sections of The School Laws, compilation of 1905).
Before instituting proceedings to incorporate, READ CAREFULLY the
following forms and notes:
II.
• As SOOX AS THE BOARD OF TRUSTEES HAVE ORGANIZED, they should
send to the State Superintendent of Public Instruction a record of the
incorporation proceedings, containing:
1. A certified copy of the petition (Form 1) and the attached map,
to which copy must be attached the county surveyor's certificate
(Form 2).
2. A certified copy of the election order (Form 3).
3. A certified copy of the election notice (Form 4) with the attached
affidavit (Form 5).
4. A certified copy of the returns of the election on incorporation
(Form 6) and of the election for trustees (Form 7).
5. A certified copy of the order declaring the result of the elections
(Form 8).
6. The certificate of the county judge (Form 9) — the original, not a
copy; and
7. The certificates as to incorporation of the town for municipal pur-
poses— if it ever was incorporated (Form 10).
This record will be submitted to the Attorney-General for his opinion
upon the legality of the incorporation, -and the State Superintendent will
promptly advise the trustees of the Attorney-General's opinion.
The record will be retained by the Attorney-General and the trustees
will not be required to furnish another record should they later desire
to issue bonds.
All of the copies and certificates should be accurately made and cer-
tified and plainly written. Preferably, they should be typewritten.
602 TEXAS CIVIL FORM BOOK.
No. 725.
(i) PETITION FOR ELECTION TO INCORPORATE.
(Form No. 1.)
To Hon , County Judge of County, Texas :
We, your petitioners, respectfully represent:
1. That we are residents of the town of in said county of
(a) ; that we have resided in said town for more than six
months, and that we are qualified voters of said town under the provi-
sions of chapter 11, title 18, of the Revised Statutes of 1895;
2. That said town of has two hundred inhabitants or over,
to wit: about hundred inhabitants (b) ;
3. That said town is not incorporated (c) for municipal purposes and
has never assumed control of the public schools within its limits;
4. That the inhabitants of said town desire that said town shall form
an incorporation for free school purposes only, within the boundaries
hereinafter described by metes and bounds, under Article 616a of the
Revised Statutes of 1895, as amended by Chapter 45 of the Acts of the
Twenty-fifth Legislature (General Laws of 1897), to be known as
" (d) Independent School District; "
5. That the territory proposed to be so incorporated is described by
rnetes and bounds as follows : (e)
Beginning in said county at
6. That said territory is situated (f), and includes
within its bounds the said town of ;
7. That said territory is laid out in a square as near as is practicable
with reference to the location of the school building therein (g) and
does not exceed an area of twenty-five square miles. A plat of said
territory accompanies this petition as a part hereof (h).
Wherefore we pray that an election be ordered within said town for
the purpose of determining if said town shall form an incorporation
for free school purposes only within the boundaries above set out; and
We further pray that an election be ordered to be held at the same
time designated for holding the election above petitioned for, for the
election of a board of trustees for said independent school district, as
provided in Sections 162 et seq., of Chapter 124 of the General Laws
of the Regular Session of the Twenty-ninth Legislature.
TEXAS CIVIL FORM BOOK. 603
NOTES.
(a) The petition must be signed by at least twenty qualified voters who are
residents of the town proper, — not merely residents in the territory proposed to
be incorporated.
(b) The town proper must have 200 inhabitants or over. It is not enough
that the proposed district has that population.
(c) If the town is incorporated, omit this paragraph (No. 3) and instead
say:
" That said town is incorporated for municipal purposes as a town or village
under the general laws of the State, but has never assumed control of the public
schools within its limits."
ONLY " TOWNS AND VILLAGES " may form these corporations. If the town i*
incorporated as a " city or town," it can assume control of its schools under
Sections 133, 134 and 135 of The School Laws, but it CANNOT form a corporation
for free school purposes only under Article 616a.
(d) Insert the name of the town. The name of the independent school dis-
trict should be the name of the town followed by the words Independent School
District.
(e) The boundaries should be described with care and exactness. It is ad-
vised that the field notes be prepared by the county surveyor, as it is of first
importance that the boundaries shall be correctly given.
The petition cannot be amended or corrected in any particular after the
county judge has ordered the election.
(f ) Insert either " wholly within said county of , OR:
" in the counties of and ," as is the
case.
In every case, the petition for the election must be presented to, and the
election ordered by, the county judge of the county in which the town is
situated.
(g) This proviso is contained in Section 149, Chapter 124, General Laws of
1905 (same numbered section of The School Laws, compilation of 1905).
(h) A plat of the territory must be attached to the petition. It must not be
merely an outline sketch of the proposed district.
It should be such a map as will make it possible to examine the field notes
and therefore should designate the surveys within and those bounding the dis-
trict, and, where necessary, course and distance of the lines must be given. It
would be well to have the county surveyor prepare both the map and field note-.
(i) After the county judge orders the flection, this petition should be filed
in the county clerk's oHice. The record (see Paragraph II, page 1) must con-
tain a copy of the petition and attached map, certified by the county clerk, under
the seal of the county court, to be a true, full and correct copy of the original
petition and attached map on file in his office.
AFTER the county clerk has made this certified copy, there should be attached
to it the county surveyor's certificate (Form 2).
No. 726,
(a) CERTIFICATE OF COUNTY SURVEYOR.
(Form Xo. 2.)
The State of Texas, County of
I, , county surveyor of said county, do hereby certify
that the field notes contained in the foregoing and attached copy of
petition correctly describe the territory included within the limits of
the Independent School District ;
604 TEXAS CIVIL FORM BOOK.
That the map or plat attached to said cop}7 of petition correctly des-
ignates the boundaries of said incorporation and the surveys lying
within and bounding the said district;
That the area of the territory comprehended within said boundaries
is acres, or square miles.
Witness my hand this day of , 19 ..
County Surveyor, County, Texas.
NOTES.
(a) This certificate to be attached to the certified copy of the petition and
map which the county clerk will make. (See note i to Form 1.)
No. 727.
(a) ELECTION ORDER.
(Form No. 3.)
A petition having been presented to me on the .... day of ,
19. ., signed by and , other persons, praying for an
election to determine if the town of in this county shall form
an incorporation for free school purposes only within the boundaries
hereinafter described by metes and bounds, and for the election of a
board of trustees therefor;
And it appearing to me that said petition is signed by at least twenty
residents of said town, (b) who are qualified voters under Chapter 11
of Title 18 of the Revised Statutes of 1895, and satisfactory proof having
been made before me that said town of contains two hundred
inhabitants or over, (c) and that said town is not incorporated (d) for
municipal purposes and has never assumed control of the public schools
within its limits, and that said territory is laid out in a square as near as
is practicable with reference to the location of the school building
thereon (e); therefore
I, , in my capacity as county judge of County,
Texas, do hereby order an election to be held at (f) in the said
town of , on the .... day of , 19 . ., for the purpose of
determining if said town of shall form an incorporation for
free school purposes only within the following described bounds, to be
named Independent School District.
The territory proposed to be incorporated is situated
(g)
and is described by metes and bounds as follows:
TEXAS CIVIL FORM BOOK. 605
Beginning in said County at (h)
is hereby appointed presiding officer of said election,
and he shall select two judges and two clerks to assist in holding it.
A previous notice of ten days shall be given of said election by posting
advertisements at three public places in said town, and the election shall
be held in the manner prescribed for holding elections in other cases.
Every male person who has attained the age of twenty-one years and
who has resided within the limits of the territory herein described, and
proposed to be incorporated, for the six months next preceding the date
of said election, and is a qualified elector under the laws of the State,
shall be entitled to vote at election.
On each ticket the voter must write or cause to be written or printed
" CORPORATION " Or " NO CORPORATION."
And I do further hereby order that at the same time and place desig-
nated for holding the above election, and by the same election officers,
an election shall also be held for the election of seven trustees for said
independent school district, as provided for the election of such trustees
by Sections 162 et seq., of Chapter 124 of the General Laws of the
Regular Session of the Twenty-ninth Legislature.
Witness my hand and the seal of the county court of said county
this .... day of , 19. .
(Seal of County Court.) (i) County Judge County, Texas.
NOTES.
(a) This order must be made by the county judge, NOT by the commissioners'
court. The county judge should authenticate the order with the seal of the
county jcourt.
(b) See note a to Form 1.
(c) See note b to Form 1.
(d) See note c to Form 1.
(e) See note g to Form 1.
(f) Designate the place — that is, the particular office, store or building —
in which the polls are to be opened.
(g) See note f to Form 1.
(h) Copy description exactly as it is given in the petition.
(i) The original order should be filed in the office of the county clerk. The
record (see Paragraph II, page 1) must contain a copy of this order, certified
by the county clerk, under the seal of the county court, to be a true, full and
correct copy of the original on file in his office.
606 TEXAS CIVIL FORM BOOK.
No. 728.
(a) ELECTION NOTICE.
(Form No. 4.)
Notice is hereby given that an election will be held at (b) in
the town of , in this county, on the .... day of , 19. .,
for the purpose of determining if said town of shall form an
incorporation for free school purposes only within the following de-
scribed bounds, to be named Independent School District.
The territory proposed to be incorporated is situated (c)
and is described by metes and bounds as follows :
Beginning in said County at (d)
has been appointed presiding officer at
said election, and he shall select two judges and two clerks to assist in
holding it, and said election shall be held in the manner prescribed for
holding other elections.
Every male person who has attained the age of twenty-one years and
who has resided within the limits of the territory hereinabove described,
and proposed to be incorporated, for six months next preceding the date
of said election, and is a qualified elector under the laws of the State,
shall be entitled to vote at said election. On each ticket the voter
must write, or cause to be written or printed, " CORPORATION " or " NO
CORPORATION."
Notice is hereby also given that at the same time and place designated
for holding the above election, and by the same election officers, an
election will also be held for the election of seven trustees for said
independent school district, as provided for the election of such trustees
by Sections 162 et seq., of Chapter 124 of the General Laws of the
Eegular Session of the Twenty-ninth Legislature.
Said elections will be held in pursuance of a petition filed with me
on the .... day of , 19. ., and an order made by me on the ....
day of ,19..
Witness my hand and the seal of the county court of this county
this .... day of , 19. .
(Seal of County Court.) County Judge County, Texas.
NOTES.
(a) The county judge should prepare, sign and seal (using the seal of the
county court) four copies of this election notice. Three must be posted in the
town — each in a public place — at least ten (10) days before the date for the
election, exclusive of the day of posting and the day of the election.
TEXAS CIVIL FORM BOOK. 607
The fourth copy is to be filed in the county clerk's office after the person who
posted the notices has made affidavit thereof (Form 4), which affidavit should be
attached to the copy of the election notice.
(b) See note f to Form 3.
(c) See note f to Form 1.
(d) Copy description exactly as contained in petition.
The notice should, of course, designate the time and place of the election, the
name and boundaries of the district, and name the same presiding officer, as was
done in the order calling the election.
No. 729.
(a) AFFIDAVIT OF POSTING NOTICE&
(Form No. 5.)
The State of Texas, County of
Before me, the undersigned authority, on this day personally appeared
, who, being by me duly sworn, says on his oath that he
posted a true copy of the notice of election, hereto attached, at (b)
, and in the town of
in said county, each of which is a public place in said town, on the ....
day of ., 19. ., which was more than ten days prior to the date of
said election.
Subscribed and sworn to before me, this .... day of , 19 . .
(Seal of office.) (c)
NOTES.
(a) This affidavit to be attached to the original copy of election notice
(Form 4) filed in the county clerk's office. It must be signed and sworn to
by the person posting the notices.
(b) Name the places where the notices were posted. Each notice to be
posted in a public place in the town.
(c) May be sworn to before any officer authorized to administer oaths,
who should" not fail to follow his signature with his official designation and to
affix his official seal.
(d) The record (see Paragraph II, page 1) must contain a copy of the elec-
tion notice (Form 4) and the attached affidavit (Form 5), certified by the
county clerk, under the seal of the county court, to be a true, full and correct
copy of the original notice and attached affidavit on file in his office.
608 TEXAS CIVIL FORM BOOK.
No. 730.
(a) RETURNS OF ELECTION ON INCORPORATION.
(Form No. 6.)
The State of Texas, County of
To the Hon , County Judge of said county :
We, the undersigned officers holding an election on the .... day of
, 19 . . , to determine if the town of shall form an
incorporation for free school purposes only, hereby certify that at said
election there were votes cast, of which number there were cast
For " Corporation " votes.
For " No corporation " votes.
Majority for " Corporation " votes.
We herewith inclose poll list and tally sheet of said election.
'Witness our hands this .... day of , 19. .
Presiding Officer.
Judge.
Judge.
Clerk.
Clerk.
NOTES.
(a) The returns must be made to the county judge within ten days after
the election. After he has canvassed the returns, same should be filed in the
county clerk's office.
The record (see Paragraph II, page 1) must contain a copy of the returns,
certified by the county clerk, under the seal of the county court, to be a true,
full and correct copy of the original on file in his office.
No. 731.
(a) RETURNS OF SCHOOL TRUSTEE ELECTION.
(Form No. 7.)
The State of Texas, County of
We, the undersigned officers, holding an election on the .... day of
, 19.., for the purpose of electing seven trustees for the
TEXAS CIVIL FORM BOOK. 609
Independent School District, do hereby certify that at said
election there were cast votes, of which
received votes.
received votes.
received votes.
received votes.
received votes.
received votes.
received . votes. '
We herewith inclose poll list and tally sheet of said election.
Witness our hands this .... day of , 19 . .
Presiding Officer.
Judge.
Judge.
Clerk.
Clerk.
NOTES.
<a) See note a to Form 6.
No. 732.
(a) ORDER DECLARING RESULT OF THE ELECTIONS.
(Form No. 8.)
The State of Texas, County of
Whereas, an election was duly held in the town of in
this county on the .... day of , 19. ., to determine if said town
should form an incorporation for free school purposes only within the
boundaries hereinafter described, and returns of said election have been
duly made to and canvassed by me, from which returns it appears that
at said election votes were cast for " CORPORATION " and
votes for " NO CORPORATION ;"
Therefore, I , in my capacity as county judge of
county, do adjudge that said election resulted in favor of such incor-
poration and I do hereby declare the inhabitants of said territory, here-
inafter described, duly incorporated for free school purposes only within
said boundaries, the name of the incorporation being In-
dependent School District.
Form Book — 30.
610 TEXAS CIVIL FORM BOOK.
The territory so incorporated is situated
(b), and is described by metes and bounds
as follows:
Beginning in said county at (c)
And whereas on the said .... day of , 19. ., there was also
held in said town an election for seven trustees for said
Independent School District, and returns of said election having been
duly made to me and having been canvassed by me, I find from, said
returns that at said election there were cast . votes, of which (d)
received votes.
received votes.
received votes.
received votes.
received votes.
received votes.
received votes.
Therefore I do hereby declare the said (e)
duly elected as trustees of said Independent School
District.
This order is made and entered by me on the record of the commis-
sioners' court of county, this the .... day of , 19. .
Witness my hand and seal of the county court of said county the date
last aforesaid.
(Seal of County Court.) County Judge County, Texas.
NOTES.
(a) This order must be written in the minute book of the commissioners'
court, signed by the county judge, and authenticated by the seal of the county
court.
The county clerk, under the seal of the commissioners' court, should then
make a copy of this entry and attach to it a copy of the plat of the territory
incorporated, certifying the copy as follows:
The State of Texas, County of
I, , clerk of the county court and ex officio clerk of the
commissioners' court of said county, do hereby certify that the above and fore-
going pages contain a true, full and correct copy of the entry made upon the
records of the commissioners' court of this county by , as
county judge of said county, declaring the inhabitants of the territory therein
described incorporated for free school purposes only, under the name of
Independent School District, and declaring the result of
TEXAS CIVIL FORM BOOK. 611
the election for trustees for said district, as said entry appears upon pages
of Book of the minutes of said commissioners' court,
and the plat of said Independent School District.
Given under iny hand and the seal of said court this the . . day of
,, 19..
Clerk County Court and ex olficio Clerk Commissioners' Court,
County, Texas,
(Seal of commissioners' court.)
This certified copy should then he recorded in the deed records of the county
After having been so recorded, let this copy form part of the record upon incor-
poration (see Paragraph II, page 1).
(b) See note f to Form 1.
(c) Copy description exactly as contained in petition (Form 1).
(d) Name every person voted for and show the vote each received.
(•) Name the seven receiving the highest vote.
No. 733.
(a) CERTIFICATE OF COUNTY JUDGE.
(Form No. 9.)
The State of Texas, County of
I, , county judge of said county, do hereby certify that
on the .... day of , 19. ., I made an entry upon the records of
tEe commissioners' court of said county declaring the
Independent School District duly incorporated for free school purposes
only and declaring
duly elected as trustees of said district:
That on the .... day of , 19. ., I issued certificates of election
to said persons named (b) and each of them took the oath of office
prescribed by the Constitution to faithfully and impartially discharge the
duties of his office (c) and on the .... day of , li). ., filed with
me his affidavit to that effect (d).
Witness my hand and the seal of the county court of said county this
the day of , 19. .
(Seal of County Court.)
County Judge County, Texas.
NOTES.
(a) This certificate to form part of the record upon incorporation (see Para-
graph II, page 1).
(b) See Section 104 of The School Laws, 1005 compilation.
(c) For form of oath see Section 1 of Article XVI of the Constitution.
(d) See Section 167 of The School Laws, 1905 compilation.
612 TEXAS CIVIL FORM BOOK.
No. 734.
(a) CERTIFICATES AS TO THE INCORPORATION OF THE TOWN FOR
MUNICIPAL PURPOSES.
(Form No. 10.)
[Certificate of County Clerk.]
The State of Texas, County of
I, , Clerk of the County Court and ex officio Clerk of
the Commissioners' Court of County, Texas, do hereby cer-
tify that upon pages of Book of the minutes of said
commissioners' court appears the entry of , as county
judge of said county, declaring the inhabitants of the town of
duly incorporated as a "town or village" (b) for municipal purposes,
said entry bearing date the .... day of , 19. . (c)
Witness my hand and the seal of said Commissioners' Court this
the day of 19 ..
Clerk County Court and ex officio Clerk Commissioners'
Court of County, Texas.
(Seal of Commissioners' Court.)
(d) [Certificate of Mayor and Town Clerk.]
The State of Texas, County of
We, , the mayor and , the (e)
of the town of in said county, do hereby certify that
said town was incorporated for municipal purposes as a " town or vil-
lage " on the .... day of , 19 ..
(f) That said town has never accepted, or attempted to accept, as
its charter the provisions of Title 18, of the Revised Statutes of 1895,
in xeference to cities and towns.
That said town has never acted, or attempted to act, as a " city or
town " incorporated under Chapter 1 of said Title 18, and that the
board of aldermen of said town have never exercised, or attempted to
exercise, any powers, rights or privileges other than those conferred
upon towns, and the boards of aldermen thereof, incorporated under
Chapter 11 of said Title 18 of the Revised Statutes of 1895.
Witness our hands and the seal of said town this the .... day of
, 19..
Mayor, Town of
(Seal of the town.)
(e) Town of
TEXAS CIVIL FORM BOOK. 613
NOTES.
(a) If the town was ever incorporated for municipal purposes the record
(see Paragraph II, page 1) must contain this certificate of the county clerk.
(b) In examining the entry the clerk will note carefully whether the town
was incorporated as a " city or town" or as a " toton or village."
(c) If the corporation has been abolished, the clerk will, in this certificate,
give the date of the election to abolish the corporation and the date, and book
and page of record of the order of the county judge declaring the corporation
abolished.
NOTE. — If the town was originally incorporated as a "city or town" — or
if, after incorporating as a " town or village," it became a " city or town " —
and thereafter the corporation was abolished, then, in addition to the county
clerk's certificate, the record (see Paragraph II, page l)'imist contain:
1. A certified copy of the petition for the election to abolish the corporation
(Article 617b, Revised Statutes of 1895).
2. A certified copy of the order for the election.
3. A certified copy of the election notice.
4. Affidavit showing how notice was posted.
5. A certified copy of the election returns.
6. A certified copy of the county judge's order declaring the corporation
abolished.
These copies must be certified by the county clerk as indicated in the not^s
to the foregoing forms.
(d) If the town is now incorporated, the county clerk's certificate must be
followed by this certificate of the mayor and clerk (or secretary) of the town.
(e) Insert "clerk" or "secretary."
(f) If the town has ever attempted to become a "city or town," omit this
and the succeeding paragraph and state the facts fully.
ORGANIZATION OF BOARD OF TRUSTEES.
The county judge, after making the entry declaring the result of the
elections, shall issue certificates of election to the seven trustees
elected (a).
Before any trustee enters upon the discharge of the duties of his
office, he must take the oath prescribed by the Constitution to faithfully
and impartially discharge the duties of his office (b). For the form
of this oath see Section 1 of Article XVI of the Constitution.
The oath of office must be in writing, signed and sworn to by the
trustee. It may be sworn to before any officer authorized to administer
oaths.
The oaths of office of the trustees elected at the first election must
be filed with the county judge; those of trustees thereafter elected must
be filed with the president of the board of trustees (c).
The trustees shall meet within twenty days after their election, or
as soon thereafter as possible, for the purpose of organizing (d).
They shall draw for terms. Those drawing the numbers 1, 2, 3 and
4 shall serve until the election of their successors on the first Saturday
in May next following their election. Those drawing the numbers 5,
6 and 7 shall serve until the election of their successors one year
later (e).
614 TEXAS CIVIL FORM BOOK.
The trustees shall choose a president, a secretary, a treasurer, an
assessor and collector of taxes, and other necessary officers and commit-
tees. The president must be one of the trustees. The other officers
named may be members of the board, but it is not required that they
shall be (d).
The members of the board of equalization (see "Assessment of
Taxes ") must not be members of the board of trustees.
The trustees may appoint as treasurer the person or corporation offer-
ing a satisfactory bond in the amount and conditioned as required by
law, and the best bid of interest on average daily balances. A treasurer
so selected shall receive no compensation. However elected, the bond of
the treasurer must be for " double the estimated amount of the receipts
coming annually into his hands " and " conditioned for the faithful dis-
charge of his duties and the payment of the funds received by him
upon the draft of the president, drawn upon order, duly entered, of the
board of trustees." It must be payable to the president of the board,
or his successor in office, and be approved by the board of trustees (d).
The board of trustees, by a vote of a majority of the board, may re-
quire the county assessor and collector of taxes to assess and collect the
taxes of the district (d).
A majority of the board (four members) constitutes a quorum for
the transaction of all business except the levy of a tax, when there must
be present two-thirds of a full hoard (five members) to constitute a
quorum.
The trustees should immediately procure a seal bearing the name of
the district.
For the powers and duties generally of the board of trustees and of
the secretary, treasurer and other officers, and for the compensation of
officers, see Sections 154 to 175 of Chapter 124, General Laws of Eegular
Session of the Twenty-ninth Legislature (Sections 154 to 175 of the
1905 compilation of The School Laws).
The county superintendent, or ex officio county superintendent, will
furnish the trustees with a copy of The School Laws (1905 compilation).
If he has none, the State Superintendent of Public Instruction will
send a copy upon request.
XOTES.
(a) Section 164 of The School Laws (1905 compilation).
(b) Sections 45 and 167 of The School Laws (1905 compilation).
(c) Section 167 of The School Laws (1905 compilation).
(d) Section 165 of The School Laws (1905 compilation).
(e) Section 163 of The School Laws (1905 compilation).
TEXAS CIVIL FOKM BOOK. f>15
TAXING POWER.
The trustees are authorized to levy and collect a tax of not exceeding
twenty-five (25) cents on the $100 valuation of taxable property for the
purpose of purchasing or constructing public free school buildings and
purchasing sites therefor within the district (a); and in addition a tax
of not exceeding fifty (50) cents on the $100 for the support and main-
tenance of its public free schools (b).
But no tajc for any purpose can be collected unless it shall first have
been voted by the property taxpaying voters of the district.
The trustees must each year pass an order levying such taxes as the
board deems necessary, not exceeding, of course, the rate authorized by
vote of the property taxpaying voters. (For form of order levying
taxes, see Form No. 26.)
Five members of the board are required to constitute a quorum at a
meeting for the imposition of taxes.
NOTES.
(a) Section 154, The School Laws (1905 compilation).
(b) Sections 101 mid 142, The School Laws (1905 compilation),
ASSESSMENT OF TAXES.
Trustees of independent school districts must, in the assessment of
property for taxation, be governed by the laws governing the city council
of a city, incorporated under the general law, in the assessment of city
taxes (a).
HEAD CAHKI-TLIA AHTICLKS 4!M> TO 515 OK TIII: RKVISKD STAITTES
OK 1895.
The board of trustees must comply strictly with the provisions of
these articles, except that they will act by order instead of by ordinance.
The penal provision contained in Article 500 (the last clause of the
article) does not apply to independent school districts.
The assessor's duties are prescribed by Articles 502, 503, 504. 509
and 512.
Taxes may be voted, levied and collected for the current year, notwith-
standing the district was incorporated after the first day of January of
the year. But all property must be assessed with regard to its situs
and status on January 1 (Article 501). That is, the assessor must assess
all property which on I lie first day of January was situated or owned
within the limits of the territory incorporated and which on January
first of the year was subject to taxation.
The commissioners appointed, under Article 505, as the board of
equalization, must NOT be members of the board of trustees. For the
616 TEXAS CIVIL FORM BOOK.
duties of the board of equalization read — in the order given — Articles
515 and 506 to 514, both inclusive.
The secretary of the board of trustees shall act as secretary of the
board of equalization (Article 506).
A board of equalization MUST BE appointed and MUST equalize values,
in order that there shall be a legal assessment, whether the assessor is
elected by the board of trustees or whether,' by order of a majority of
the board of trustees (b), the county assessor and collector are required
to assess and collect the taxes.
In the latter case — that is, if the property of the district is assessed
by the county tax assessor — no property shall be assessed at a greater
value than the value at which it is assessed for State and county taxes (b).
The district must have separate tax rolls, even if the county assessor
is required to assess its property. The taxes should not be extended
on the county tax rolls; but the assessor must, as stated, make up sepa-
rate rolls for the district.
NOTES.
(a) Section 161, The School Laws (1905 compilation),
(b) Section 165, The School Laws (1905 compilation)
No. 735.
EXTENSION OF BOUNDARIES.
(e) FORM OF PETITION.
(Form No. 11.)
To the Honorable Board of Trustees of Independent
School District:
We, your petitioners, respectfully represent:
That the subscribers hereof constitute a majority of the inhabitants,
qualified to vote for members of the Legislature, of the territory herein-
after described, and desire such territory to be added to and become part
of the Independent School District;
That said territory proposed to be so added adjoins the limits of said
Independent School District, is contiguous to one line
of said corporation, and is described by metes and bounds as follows (a) :
Beginning in the county of at
That the Independent School District, as it now
exists, contains an area of less than twenty-five square miles and that
TEXAS CIVIL FORM BOOK. 617
the proposed addition will not increase the corporate limits of said dis-
trict so that the whole, when so increased, will exceed twenty-live square
miles.
To show the location of the territory proposed to be annexed with
reference to the existing territory of said Independent
School District, there is attached hereto, as a part of this petition, a
map showing the existing territory of said district and the territory
proposed to be added thereto (b).
Wherefore we pray that said territory be received as an addition to
and to become part of the corporate limits of said
Independent School District, as provided for by Section 153 of Chapter
124 of the General Laws of the Regular Session of the Twenty-ninth
Legislature.
(c) AFFIDAVIT.
The State of Texas, County of
Before me, the undersigned authority, on this day personally ap-
peared , and who, after
being by me duly sworn, severally say upon oath that they are inhabit-
ants, qualified to vote for members of the Legislature, of the territory
described in the foregoing and attached petition and are signers of said
petition, and that the facts set forth in said petition are true.
Subscribed and sworn to before me, this .... day of ,19
(d)
(Seal of officer.)
NOTES.
(a) See note e to Form 1.
(b) See note h to Form 1.
(c) The petition must be signed by a majority of the inhabitants (qualified
to vote for meinters of the Legislature) of the territory proposed to be annexed.
This affidavit must be made by three — any three — of the signers.
(d) See note c to Form 5.
(e) This petition should be filed with the president of the board of trustees,
whose duty it is to submit it to the board. After it has been acted upon, the
original should be preserved by the secretary of the board, who will make :i
certified copy of it, including the attached map and affidavit, under the seal n{
the district, to be furnished the Attorney-General. This certificate should be in
the following form :
618 TEXAS CIVIL FORM BOOK.
The Slate of Texas, County of
I, , secretary of the board of trustees of
Independent School District, do hereby certify that the above and foregoing is n
true, full and correct copy of the original Petition for Extension of Limits of
said district, and of the map and the affidavit attached to and accompanying tin;
same, which petition was filed with the president of the board of trustees ot said
district, and was by him submitted to said board of trustees at a meeting held on
the day of , 19. ., the original being now on file in my office.
Witness my hand and seal of said district this day of ,
19..
(Seal of district.) Secretary Board of Trustee
No. 736.
(a) CERTIFICATE OF COUNTY SURVEYOR.
• (Form Xo. 12.)
The State of Texas, County of
I, , county surveyor of said county, do hereby certify
that the field notes contained in the foregoing and attached copy of
petition correctly describe the territory added to the In-
dependent School District;
That the map or plat attached to said copy of petition correctly des-
ignates the boundaries of said Independent School
District as the same existed before the annexation of said territory, and
the boundaries of the territory added to and described in said copy of
petition;
That the area of the Independent School District,
including the territory added to and annexed by said district, which is
described in said petition, is acres, or square miles.
Witness my hand this .... day of , 19. .
County Surveyor County, Texas.
(a) After the secretary has made a certified copy of the petition (Form 11),
have the county surveyor make, and attach to the copy, this certificate.
No. 737.
(a) RESOLUTION OF BOARD OF TRUSTEES.
(Form No. 13.)
On this the .... day of , 19. ., the president of the board of
trustees submitted to the board the petition in writing of
and other persons, which petition had been duly filed with
TEXAS CIVIL FOHM BOOK. 619
the president of the board, praying that the territory hereinafter de-
scribed be received as an addition to and to become part of the
Independent School District;
And the board having considered said petition, the affidavit of three
of the subscribers thereof attached thereto, and all the facts in connec-
tion therewith, is of the opinion and, upon investigation, finds the fact
to be that the proposed addition will not increase the corporate limits of
said Independent School District so that the whole,
when thus increased, will exceed twenty-five square miles, and that the
signers of said petition constitute a majority of the resident qualified
voters of said territory; therefore
Be it resolved by the board of trustees of the said
Independent School District that the following described territory, being
the same territory which is. described in said petition, be, and the same
hereby is, received as an addition to, and to become a part of, the
corporate limits of the said Independent School District :
ginning in the county of , at
(a) After this resolution has been passed by the board and entered in the
minutes, a certified copy of it MUST BE filed for record in the county clerk's office
of the county in which the toicn, which formed the district, is situated.
This copy should be certified by the secretary, as follows:
The State of Texas, County of
I, , secretary of the board of trustees of the
Independent School District, do hereby certify that the above and foregoing is a
true, full and correct copy of a resolution adopted by said board of trustees on
the day of , 19 . . , at a ( insert " regular " or
"special" as was the case) meeting of the board, at which were present
(name the trustees who were present) as the same apjx-ars of record in the min-
utes of said meeting on pages of book of the minutes ,if
the board, which minutes have been duly signed by the president.
Witness my hand and seal of said district this day of ,
19.. .
(Seal of the district.)
Secretary Hoard of Trustees.
After the copy has been recorded, send it — together with a copy of the peti-
tion (Form 11) and the county surveyor's certificate (Form 12) to the Attorney-
Gem-ral for insertion in the record upon incorporation. (See Paragraph II. -
page 1.)
620 TEXAS CIVIL FORM BOOK.
FORMS FOR THE ISSUANCE OF BONDS.
The statutory provisions regulating the issuance of bonds are Sec-
tions 154 to 159 of Chapter 124 of the General Laws of the Kegular
Session of the Twenty-ninth Legislature (same numbered sections of The
School Laws, compilation of 1905) and Articles 918a to 918g of the
Revised Statutes.
Before instituting proceedings for the issuance of bonds, read oare-
fully the following forms and notes.
Before having the bonds printed AND BEFORE CONTRACTING for the
erection of the proposed building, send to the Attorney-General the fol-
lowing record, to ascertain if the bonds will be approved :
BOND RECORD.
1. Certified copy of the petition for election (Form 14).
2. Certified copy of election order (Form 15).
3. Certified copy of election notice (Form 16) and attached affidavit
(Form 17).
4. Certified copy of election returns (Form 18).
5. Certified copy of order declaring result of election (Form 19).
6. Certified copy of bond order (Form 20).
7. Statement of indebtedness (Form 21).
8. Statement of taxable values (Form 22).
9. Certificate of secretary (Form 23).
10. Form of bond (Form 24).
Districts hereafter incorporated are required, as soon as the trustees
have organized, to send the record upon incorporation (see Paragraph II,
page 1) to the State Superintendent of Public Instruction. Such dis-
tricts need not send another such record to the Attorney-General when
submitting the bond record. But if the district has extended the bounda-
ries, copy of petition, resolution, etc. (Forms 11, 12 and 13), must be
sent the Attorney-General for insertion in the record upon incorporation.
Districts heretofore incorporated — UNLESS the legality of the incorpo-
ration of the district has been passed upon by the Attorney-General —
;must, when submitting the bond record, send also the record upon incor-
poration (see Paragraph II, page 1), and — if the district has extended
its boundaries — copy of petition and resolution, etc. (Forms 11, 12
and 13).
It would be well for such districts to submit the record upon incor-
poration before instituting proceedings to issue bonds.
It has happened heretofore that a district instead of incorporating
under the name of " Independent School District,"
adopted a different name. Such a district must act under the name by
TEXAS CIVIL FORM BOOK. 621
which it was incorporated, followed by the descriptive phrase: "An inde-
pendent school district incorporated for free school purposes only."
All copies and certificates made for the bond record should be pre-
pared with care and accuracy. Preferably, they should be typewritten.
No. 738.
(h) PETITION FOR BOND ELECTION.
(Form No. 14.)
To the Board of Trustees of Independent School Dis-
trict:
We, the undersigned taxpaying voters of said In-
dependent School District, hereby petition your honorable body to order
an election, as provided in Sections 154 et seq. of Chapter 124 of the
General Laws of the Kegular Session of the Twenty-ninth Legislature,
to determine if the bonds of said district shall be issued to the amount
of $ (a) payable (b) years from their
date, (c) and bearing interest at the rate of (d) per cent
per annum (e) for the purpose of
•' (f)
and if there shall be annually levied and collected on all the taxable
property in said district for the current year and annually thereafter
while said bonds, or any of them, are outstanding, a tax sufficient to pay
the current interest on said bonds and provide a sinking fund sufficient
to pay the principal at maturity.
(g)
NOTES.
(a) To ascertain the amount of bonds which can be issued: Find what
amount of taxes will be produced by the authorized tax of 25 cents on the $100
valuation of taxable property, according to the latest approved tax rolls of the
district. If no tax rolls have yet been made for the district, it is advised thit
no proceedings be had until the assessor has progressed sufficiently in assessing
properly for the current year that the total assessed valuation can be estimated
with reasonable certainty.
1? the district has any bonds outstanding, deduct from the amount of taxes,
which the 25 cents tax will produce, the amount needed to provide for one year's
interest on and sinking fund for the outstanding bonds; the balance is available
622 TEXAS CIVIL FORM BOOK.
for additional bonds. If the district has no bonds outstanding, the entire pro-
ceeds of the 25 cents tax is available for bonds.
Multiply the amount of taxes available by —
6% for 10-year 5 per cent bonds.
10 for 20-year 5 per cent bonds.
12 for 30-year 5 per cent bonds.
13y3 for 40-year 5 per cent bonds.
(b) The bonds may run not exceeding forty years if issued to construct a
building of other than wood material. If it is proposed to erect a building of
icood material, the bonds shall not run for a longer period than twenty years.
(c) If it is desired to specify the option of redemption which shall be re-
served in the bonds, insert here: " With option of redemption at any time after
years." It is perhaps better not to do this, leaving it to the board
of trustees, when they pass the order providing for the issuance of the bonds, to
determine what option shall be reserved.
(d) The bonds may bear interest at a rate not to exceed 6 per cent. It is
advised that the bonds shall not bea'r a lower rate than 5 per cent. The bonds
cannot legally be sold below par, and it has recently happened that district™
which had issued 4 per cent bonds, being unable to sell them, were compelled to
cancel the bonds and incur the expense of another election to authorize 5 per
cent bonds.
(e) If it is desired to specify how interest shall be payable, insert here:
" Payable annually," or " payable semi-annually." It might be well to leave
this, also, to be determined by the trustees when they pass the order providing
for the issuance of the bonds.
(f) If the purpose is to build a school building say: " Constructing a public
free school building of material, and purchasing a site therefor, within
said district." (If the district already owns a suitable building site, omit the
words '; and purchasing a site therefor.")
If to repair or build an addition to an existing school building, say: " for the
purpose of constructing permanent repairs (or else, "constructing an addition,"
whichever is the purpose) of material to the public
free school building of said district."
In the blanks, state of what material the building, repairs or addition will be
constructed, and of what material is the existing building, in case it is pro-
posed to repair or add to an existing school building. In such case, if the
existing building is of wood, or if the repairs or addition will be constructed of
wood, the bonds must not run longer than twenty years. See note b above.
(g) To be signed by at least twenty taxpaying voters of the district.
(h) The original petition should be preserved in the office of the secretary
of the board of trustees. The copy forming part of the bond record should be
certified as follows:
The State of Texas, County of
I , secretary of the board of trustees of
Independent School District, do hereby certify that the above and foregoing is a
true, full and correct copy of the Petition for Bond Election presented to said
board of trustee* at their meeting held on the day of , 19. ..
the original of which is on file in my office.
Witness my hand and seal of said district this day of ,
10..
(Seal of district.) Secretary- Board of Trustees.
TEXAS CIVIL FORM BOOK. 623
tfo. 739.
(h) ORDER FOR BOND ELECTION.
(Form No. 15.)
On this .... day of , 19 . ., came on to be considered a petition
in writing signed by and other persons,
asking that an election, as hereinafter ordered, be ordered by this board
for the purpose hereinafter set forth;
And it appearing to the satisfaction of the board that said petition is
signed by at least twenty taxpaying voters of this district and that the
election petitioned for should be ordered;
It is therefore ordered by the board of trustees of
Independent School District that an election be held at (a)
in the town of , within this district, on the .... day of
, 19 .. (b), to determine if (c) the bonds of said
Independent School District shall be issued to the amount of $ ,
payable years from their date (d) and bearing interest at the
rate of .... per cent per annum (e) for the purpose of
:.. (0
and if there shall be annually levied, assessed and collected on all the
taxable property in said district for the current year and annually there-
after while said bonds, or any of them, are outstanding, a tax sufficient
to pay the current interest on said bonds and provide a sinking fund
sufficient to pay the principal at maturity.
is hereby appointed manager of said elec-
tion, which shall be held as nearly as may be possible in conformity with
the general election law of the State.
No person shall vote at said election unless he be a qualified voter
under the Constitution and laws of this State and a taxpayer in said
Independent School District (g).
Those in favor of the issuance of the bonds and the levying of the tax
shall write or print on their ballots "FOR THE TAX;" and those against
the issuance of the bonds and the levying of the tax shall write or print
on their ballots, " AGAINST THE TAX."
Public notice of said election shall be given by placing notices of the
same, signed by the president and attested by the secretary of this board,
in three different portions of the Independent School
District at least twentv (lavs before the election.
(a) Designate tlie place — that is, the particular building, store or office -
in the town, where the polls will be opened.
(b) The date of the election must be not less than- thirty full days from the
day this order is passed, exclusive of the day on which the order is passed and
of the day on which the election will be held.
If a proposition for the issuance of bonds has been previously submitted and
defeated, no election for that purpose shall be ordered until after the expiration
of one year.
624 TEXAS CIVIL FOKM BOOK.
(c) Take care to slate the proposition to be voted on precisely as it is stated
in the petition for the election. Do not change it in any manner and do not
add anything to it.
( d ) If the petition specifies the option of redemption which it is desired
shall be reserved in the bonds, insert it here. (See note c to Form 14.)
(e) If the petition specifies now interest shall be payable, insert it here.
(See note e to Form 14).
(f ) State the purpose precisely as it is stated in the petition for the election.
(g) A person who is a qualified voter in the district, and who owned prop-
erty on the first day of January prior to the election which was subject to taxa-
tion in Ihe district, is entitled to vote whether or not his name, or his property,
appears on the tax rolls.
(h) The copy of this order for the bond record should be certified by the sec-
retary as follows:
The State of Texas, County of
1, , secretary of the board of trustees of the
Independent School District, do hereby certify that the above and foregoing is a
true, full and correct copy of -an order passed by the board of trustees of the
Independent School District, at a meeting of the board
(insert in the blank " regular " or " special " as is the fact), held on the
day of , 19.., at which meeting there were present Trustees
(name all the trustees icho were present), as the same appears of record, in the
minute.? of said meeting, on page of book of the minutes of said
board, which minutes have been duly signed by the president.
Witness my hand and seal of said district this day of ,
10..
(Seal of district.) Secretary Board of Trustees.
No. 740.
(h) NOTICE OF BOND ELECTION.
(Form No. 16.)
. Notice is hereby given that an election will be held at (a)
in the town of , within the
Independent School District, on the .... day of , 19. ., to deter-
mine if (b) the bonds of said district shall be issued to the amount of
$ , payable years from their date (c) and bearing
interest at the rate of per cent per annum (d), for the purpose
of , (e) and if there shall be annually levied, assessed
and collected on all the taxable property in said district, for the current
year and annually thereafter while said bonds, or any of them, are out-
standing, a tax sufficient to pay the current interest on said bonds and
provide a sinking fund sufficient to pay the principal at maturity.
(f) has been appointed manager of said election,
which shall be held as nearly as may be possible in conformity with the
general election laws of the State.
No person shall vote at said election unless he be a qualified voter
under the Constitution and laws of this State, and a taxpayer in said
Independent School District.
TEXAS CIVIL FORM BOOK. 625
Those in favor of the issuance of the bonds and the levying of the
tax shall write or print on their ballots "FOR THE TAX;" and those
against the issuance of the bonds and the levying of the tax shall write
or print on their ballots " AGAINST TIIU TAX."
Said election was ordered by the board of trustees of said
Independent School District by order passed on the .... day of ,
19. ., (g) and this notice is issued pursuant to said order.
Dated this day of , 19..
(Seal of district.) President of Board of Trustees of said District.
Attest:
Secretary Board of Trustees of said District.
NOTES.
(a) Be careful to name the particular place in the town which was desig-
nated, in the election order, as the voting place.
(b) The proposition to be voted on must be stated exactly as it was stated
in the election order. Add nothing to it ; do not change it in any manner.
(c) If the election order stated the option of redemption to be reserved in
the bonds, state it here.
(d) ff the election order stated how interest shall be paid, state it here.
(e) State the purpose precisely as it was stated in the election order.
(f) Name the person who was named as manager in the election order.
(g) State correctly the date upon which the election order was passed.
(h) Make four copies of this election notice. Three must be posted in
different portions of the district at least twenty (20) full days before the date
of the election, exclusive of the day of posting and of the day of election. Each
notice must be posted in a public place.
The fourth copy to be filed with the secretary of the board of trustees after
the person who posted the notices has made affidavit thereof (Form 17). wliiHi
affidavit must l>e a Hacked 1o the copy of the notice.
No. 741.
(d) AFFIDAVIT OF POSTING NOTICES.
i Form No. 17.)
The State of Texas, County of
Before me, the undersigned authority, on this day personally appeared
who, being by me first duly sworn, says upon his oath
that he posted a true copy of the election notice, hereto attached, in
three different portions of the Independent School Dis-
trict on the day of , 19.., (a) said notices having been
Form Book — 40.
626 TEXAS CIVIL FORM BOOK.
posted at , and , each of which is a
public place in said district (b).
Sworn to and subscribed before me, this .... day of , 19. .
(Seal of officer.) (c)
NOTES.
(a) Insert the date on which the notices were posted.
(b) Name the places where the notices were posted.
(c) May be sworn to before any officer authorized to administer oaths, who-
must follow his signature with his official designation and affix his official seal.
(d) This affidavit is to be made by the person who posted the notices and
attached to the copy of the election notice, which then should be filed with the
secretary of the board. (See note h to Form 16.)
The secretary will make, for the bond record, a copy of the election notice
and attached affidavit, certifying it as follows:
The State of Texas, County of
I, , secretary of the board of trustees of
Independent School District, do hereby certify that the above and foregoing is a
true, full and correct copy of the notice of the bond election held on day
of , 19 . . , in said district, which was issued by the president of said
board, and of the affidavit of attached thereto, as appears
from the original on file in my office.
Witness my hand and seal of said district this day of ,
19..
(Seal of district.) Secretary Board of Trustees.
No. 742.
(c) ELECTION RETURNS.
(Form No. 18.)
The State of Texas, County of
To the Board of Trustees of Independent School District :
We, the undersigned officers holding an election at (a) in the
town of in said district, on the .... day of , 19. ., to
determine if the bonds of said Independent School Dis-
trict shall be issued to the amount of $ /payable years
from their date and bearing .... per cent interest, for the purpose of
, (b) and if there shall be annually levied, assessed and
collected on all the taxable property in said district, for the current year
and annually thereafter while said bonds, or any of them, are outstand-
ing, a tax sufficient to pay the current interest on said bonds and provide
a sinking fund sufficient to pay the principal at maturity, do hereby
certify tKat at said election there were votes cast, of which
number there were cast
" For the Tax " votes
" Against the Tax " votes.
Majority " For the Tax " votes.
TEXAS CIVIL FORM BOOK. 627
We herewith inclose poll list and tally sheet of said election.
Witness our hands this the day of , 19. .
* :
Judge.
Judge.
Clerk.
Clerk.
NOTES.
(a) Name place where polls were opened.
(b) State purpose as it was stated in election order and election notice.
(c) Returns of the election should be made to the trustees within ten days
after the election, and the returns shall be recorded by the secretary in a well
bound book to be kept for that purpose.
The secretary will certify the copy for the bond record as follows:
Th'j State of Texas, County of
I, -. ., secretary of the board of trustees of
Independent School District, do hereby certify that the above and foregoing is a
true, full and correct copy of the returns of" the bond election held in said dis-
trict on the day of , 19. ., which returns were filed in my office
on the day of , 19. ., and have been duly recorded in the record
of election returns of said district on page of book
Witness my hand and seal of said district this day of
1 J . . .
(Seal of office.) Secretary Board of Trustees.
NO. 743.
(d) ORDER DECLARING RESULT OF ELECTION.
(Form No. 19.)
On this the .... day of , 19. ., came on to be considered the
returns of an election held on the .... day of , 19. ., to determine
if the bonds of this district shall be issued to the amount of $
payable years after date (a) and bearing interest at the rate of
.... per cent per annum (b) for the purpose of • (c)
and if there shall be annually levied, assessed and collected on all the
taxable property in said district, for the current year and annually there-
after while said bonds, or any of them, are outstanding, a tax sufficient
to pay the current interest on said bonds and provide a sinking fund
sufficient to pay the principal at maturity;
And it appearing from said returns, duly and lawfully made, that
628 TEXAS CIVIL FORM BOOK.
there were cast at said election votes, of which number
votes were cast " FOR THE TAX/' and votes were cast " AGAINST
THE TAX :"
It is therefore found and declared, and so ordered, by the board of
trustees of the Independent School District, that two-
thirds of the taxpayers voting at said election voted in favor of the
issuance of said bonds and the levying of said tax, and that therefore
this board is authorized to issue said bonds and to levy, assess and collect
said tax.
NOTES.
(a) If the election order stated the option of redemption to be reserved,
state it here.
(b) If the election order stated how interest shall be paid, state it here.
(c) State purpose as it was stated in election order,
(d) The secretary should certify the copy of this order in the same manner
as required for the copy of "Order for Bond Election." (See note h to Form
No. 15.)
No. 744.
(n) BOND ORDER.
(Form No. 20.)
On this the .... day of , 19. ., the board of trustees convened
in regular session at a (a) meeting of the board, and there
being present the following members of the board
(b) passed the following order :
Whereas at an election held for the purpose of determining the ques-
tion, on the .... day of , 19. ., which election was ordered and
held, and of which notice was given and returns thereof made and can-
vassed in every respect according to law, two-thirds of the taxpayers
voting at said election voted in favor of the issuance of the bonds here-
inafter described and of the levying of the tax hereinafter levied:
Therefore be it ordered by the board of trustees of
Independent School District, as follows:
1. That the bonds of said Independent School District,
to be called " Independent School District Schoolhouse
Bonds," bq, issued under and by virtue of Sections 154 et seq. of
Chapter 124 of the General Laws passed at the Eegular Session of the
Twenty-ninth Legislature, to the amount of $ , for the purpose
of (c);
2. That said bonds shall be numbered consecutively from one to
, both inclusive, shall be of the denomination of dollars
($ ) each, aggregating dollars ($ ) ;
TEXAS CIVIL FORM BOOK. 629
3. That they shall be dated the day of , 19. ., and shaJl
become due and payable years from their date;
4. That said bonds shall bear interest at the rate of .... per cent per
annum, payable (d) on the .... day of of each
year;
5. That the principal of and interest on said bonds shall be payable,
in lawful money of the United States, upon presentation and surrender
of bond or proper coupon at the office oi the Treasurer of the State of
Texas, or at (e) at the option of the holder.
6. That in each of said bonds there shall be reserved, in favor of
said district, the option of redeeming the same at any time after
(f) years from its date upon payment of the principal
and accrued interest; and each bond shall provide that in case the
same shall be called in for redemption before maturity, notice thereof
in writing shall be given to (g)
by the treasurer of the board of trustees of said Inde-
pendent School District at least thirty days before the date fixed for re-
demption, and that if it shall not be presented for redemption, it shall
cease to bear interest from and after the date so fixed for redemption;
7. That said bonds shall be signed by the president and countersigned
by the secretary of this board and the seal of Independent
School District shall be impressed upon each of them. The facsimile
signatures of the president and secretary may be lithographed, engraved
or printed on the coupons;
8. That each of said bonds shall contain the following recitals and
provisions :
" It is hereby recited and certified that this series of bonds has been
authorized by a vote of two-thirds of the taxpayers voting at an election,
for the purpose of determining the question, held on the .... day of
, 19. ., in said district; that said election was ordered and held,
notice thereof given and returns thereof made and canvassed in every
respect according to law; that all acts, conditions and things required to
be done and performed and to happen precedent to and in the issuance
of this series of bonds, and of this bond, have been properly done and
performed and have happened in regular and due time, form and manner
as required by law ; that the total indebtedness of said In-
dependent School District, including the entire series of bonds of which
this is one, does not exceed any constitutional or statutory limitation,
and that the faith and credit of said Independent School
District are hereby pledged for the punctual payment of the principal of
and the interest on this bond."
9. That to pay current interest on said bonds and provide a sinking
fund sufficient to pay the principal at maturity, there shall be collected
during each year that said bond?, or any of them, are outstanding, the
Mini of (h) dollars, which is the aggregate of (i)
of the principal of, and one year's interest on, all of said bonds.
630 TEXAS CIVIL FORM BOOK.
10. That to raise said sum of $ (h) for the first year, there is
hereby levied for the year ( j ) a tax of and at the rate of
(k) cents on the $100 valuation of taxable property in
said Independent School District, which tax shall be as-
sessed and collected and applied to the purposes named.
11. That during each year thereafter, while said bonds, or any of
them, are outstanding, there shall be computed and ascertained, by the
board of trustees of said district, what rate of tax, based upon the latest
approved tax rolls of the district, will be necessary, requisite and suffi-
cient to fully make, raise and produce the said sum of $ (h)
and said tax, of and at the rate so found necessary, as aforesaid, shall
be, and hereby is ordered to be, levied, assessed and collected on all
taxable property in said district, and said money, when collected, shall
be applied to the purposes named.
12. That (1), the president of this board, is hereby
authorized to take and have charge of said bonds pending their in-
vestigation and approval by the Attorney-General and registration by
the Comptroller, and, after their approval and registration, he is author*
ized to negotiate their sale and receive for the said In-
dependent School District the proceeds thereof; provided, that no bond
shall be sold at less than its par value and accrued interest, exclusive of
commissions (m).
NOTES.
( a ) Insert " regular " or " special."
(b) Name those present. .
(c) State purpose exactly as it was stated in election order and election
notice.
(d) Insert "annually" or " semi-annual ly," as was specified in the election
order and election notice. If the order and notice did not specify how interest
shall be payable, the trustees should do so.
(e) It is well to name the office of the State Treasurer as one of the places
of payment, in case it is intended to offer the bonds for sale to the State Board
of Education. Name also a bank in New York or Chicago, in case the bonds
are to be sold in the market. If desired, name also a bank in the State. If
more than one place of payment is named, do not omit the words " at the option
of the holder."
(f) State the same option which was expressed in the election order and
election notice, if any was there expressed. If the order and notice were silent
on that point, the trustees may reserve such option of redemption as they deem
best for the interest of the district.
(g) If the bonds are payable at the office of the State Treasurer only, insert
here " the Treasurer of the State of Texas." If payable also at a bank ( or
banks) say "the Treasurer of the State of Texas and to said bank" (or "and
to said banks," if more than one is named).
('h) To ascertain the amount required annually: (1) Divide the amount of
bor.ds to be issued by the number of years they will run, to find the amount
needed each year for sinking fund. '(2) Add to this the amount of one year's
interest on the entire issue. The aggregate of these amounts should be written
tere.
(i) If the bonds will run forty years, write here "one-fortieth;" if thirty
years, "one-thirtieth;" if twenty years, "one-twentieth."
(j) If this order is passed before the tax rolls are completed, insert here the
TEXAS CIVIL FORM BOOK. 631
number of the current year. If passed after the final approval of the rolls,
insert the number of the ensuing year.
(k) To ascertain the rate of tax necessary, divide the amount required an-
nually (see note g above) by the total assessed valuation according to the latest
approved tax rolls. The quotient will be the number of cents required on each
dollar, expressed decimally. Multiply the quotient by 100 to find the number of
cents on each one hundred dollars.
For example: What rate of tax upon an assessment of $234,507 will produce
$500? $500 divided by $234,507 equals the decimal .0021316, nearly, which
multiplied by 100 equal .21310 or, about .21%. 21l/3 one-hundredths of a dollar
is 21% cents. Therefore there would be needed a tax at the rate of 2iy3 cents
on the $100.
The trustees may, in their discretion, levy a larger rate of tax, not exceeding
25 cents, however.
(1) Name the president of the board. See Section 6 of Chapter 124, General
Laws of Regular Session, Twenty-ninth Legislature (same numbered section of
The School Laws, compilation of 1905).
The president should solicit bids for the bonds, either by advertising in a
financial journal or by corresponding with dealers in such securities, or both.
He shall notify the State Board of Education of all bids received and give the
board an option of ten days in which to purchase the bonds at the price offered
by the best bona fide bidder. The State Superintendent of Public Instruction is
secretary of the State Board of Education.
(m) The bonds may not be sold for less than par and accrued interest exclu-
sive of commissions.
(n) There must be at least five members of the board present at the meeting
at which this order is passed.
The secretary, in certifying the copy of this order for the bond record, will use
the form of certificate in note h to Form 15,
No. 745.
STATEMENT OF INDEBTEDNESS.
(Form No. 21.)
The following is a complete statement of the indebtedness of the
Independent School District, including the series of bonds
proposed :
1. Proposed Bonds —
To be dated , to run
years and bear per
cent interest per annum, total amount to be issued $
2. Outstanding Bonds —
<a) Dated , due
} bearing per cent in-
terest per annum, amount originally issued
$ , amount this day in sinking
fund $ , total amount of this
issue outstanding $
3. Other Indebtedness —
Total indebtedness of every character
632 TEXAS CIVIL FORM BOOK.
We, , secretary of ike board of trustees of
Independent School District, and , treasurer of said dis-
trict, do hereby certify that the above and foregoing statement exhibits
a true, full and correct statement of the indebtedness of said district, of
every character, existing on the .... day of , 19. ., including the
series of bonds proposed, as shown by the books and records of said dis-
trict in our respective offices.
Witness our hands and the seal of said district this the .... day of
, 19..
Secretary Board of Trustees of said District.
(Seal of district.)
Treasurer of said District.
NOTES.
(a) If the district has several issues of bonds outstanding, give full state-
ment of each.
(b) If it has any other indebtedness, give a full report of it: When con-
tracted, when due, what provision has been made for its payment, for what pur-
pose contracted and by what authority. If authorized by an order of the board,
accompany the statement with a certified copy of the order.
No. 746.
STATEMENT OF TAXABLE VALUES.
(Form No. 22.)
I, , tax assessor (a)
do hereby certify that the assessed value of property for the purposes of
taxation in said Independent School District, as shown by
the tax rolls of said district for the year , which have been duly
approved and which is the last official assessment of said district (b) is as
follows :
Personal property $
Real property $
Witness my hand this the .... day of , 19 . .
Tax Assessor (a)
IfOTES.
(a) "Tax assessor for Independent School District," if the
assessor was chosen by the board. If the county assessor is the assessor for the
district, say : " Tax assessor for county, Texas, and assessor for
the Independent School District in said county."
(b) This statement must be based upon the latest APPROVED TAX BOLLS made
for the district. It cannot be based upon the county tax rolls.
TEXAS CTVTT. FOFIM BOOK. 633
No. 747.
CERTIFICATE OF SECRETARY.
(Form No. 23.)
The State of Texas, County of
I, , secretary of the board of trustees of
Independent School District, do hereby certify:
1. That no tax for any purpose was levied by said board of trustees
during the current year prior to the passage of the order providing for
the issuance of $ of bonds, which order was passed on the ....
day of ,19.. (a);
2. That the boundaries of said district have never been extended (b).
Witness my hand and the seal of said district, this .... day of ,
19 ..
(Seal of district.)
Secretary of Board of Trustees.
NOTES.
(a) If any tax has been levied during the current year, prior to the passage
of the bond order, include in the bond record a certified copy of the order making
the levy.
(b) If the boundaries have ever been extended, instead of this paragraph,
say:
" That the boundaries of said district were extended by a resolution adopted
by its board of trustees on the day of 19. ., and were again
extended by a resolution adopted by its board of trustees adopted on the
day of , 19..; but its boundaries have not been extended since th.'
date last aforesaid."
Unless it has previously been done, there must be furnished, in such caw. »
copy of the petition, resolution, etc. (Forms 11, 12 and 13.)
634 TEXAS CIVIL FORM BOOK.
No. 748.
FORM OF BOND.
(Form No. 24.)
It is suggested that the bond record be accompanied by a draft of
the bond. The Attorney-General will approve its form, or indicate the
necessary changes, and the approved draft can be furnished the printer
for copy.
It is not necessary that a copy of the bond order be printed on the
bonds. Therefore it will not be necessary to furnish the printer with a
copy of the order.
No $
United States of America.
the State of Texas. County of
Independent School District
Schoolhouse Bond.
Independent School District in the county of
, State of Texas, for value received, acknowledges
itself indebted to and hereby promises to pay to bearer
3Tears from date hereof, the sum of
($ ) dollars in lawful money of the United States of
America, together with interest thereon from the date hereof at the
rate of .... per cent per annum, payable (a)
on the day of , and of
each year, both principal and interest payable upon presentation and sur-
render of proper bond or coupon at (b)
Said Independent School District hereby reserves the
right to redeem this bond at any time after
years from its date by paying principal and accrued interest, and, in
case the same shall be called in. for redemption before maturity, notice
thereof in writing shall be given to (c)
by the treasurer of the board of trustees of said Inde-
pendent School District at least thirty days before the date fixed for
redemption, and should this bond not be presented for redemption, it
shall cease to bear interest from and after the date so fixed for
redemption.
This bond is one of a series of bonds, numbered
consecutively from to , inclusive, of
the denomination of
($ ) dollars each aggregating
($ ) dollars, issued for the purpose of (d)
TEXAS CIVIL FORM BOOK. 635
under and by virtue of the Constitution and laws of the State of Texas,
and in pursuance of an order passed by the board of trustees of said
Independent School District on the day
of , 19 . ., which order is of record in book
page of the minutes of said board of trustees.
If; is hereby recited and certified that this series of bonds has 1aeen
authorized by a vote of two-thirds of the taxpayers voting at an elec-
tion, for the purpose of determining the question, held on the ....
day of , 19 . ., in said district; that said election was ordered
and held, notice thereof given and returns thereof made and canvassed
in every respect according to law; that all acts, conditions and things
required to be done and performed and to happen precedent to and in
the issuance of this series of bonds and of this bond, have been properly
done and performed and have happened in regular and due time, form
and manner as required by law; that the total indebtedness of said
Independent School District, including the entire series
of bonds of which this is one, does not exceed any constitutional or
statutory limitation; and that the faith and credit of said
Independent School District are hereby pledged for the punctual pay-
ment of the principal of and the interest on this bond.
In witness whereof the Independent School Dis-
trict has caused its corporate seal to be hereto affixed and this bond to be
signed by the president and countersigned by the secretary of the board
of trustees; the date of this bond, in conformity with the order above
referred to, being the .... day of , 19 . .
(e)
President Board of Trustees of Independent School
District.
Countersigned :
Secretary Board of Trustees of Independent School
District.
(Form of Coupon.)
No $
Independent School District in the county of
, State of Texas, promises to pay to bearer
at (b)
on the .... day of , 19 . . ,
($ ) dollars, being months' interest on
Independent School District Schoolhouse Bond, dated
and numbered No
(f)
President Board of Trustees.
Secretary Board of Trustees.
636 TEXAS CIVIL FORM BOOK.
(Comptroller's Certificate to Be Printed on Bonds.)
Office of the Comptroller
of
The State of Texas.
•
I, , (g) Comptroller of Public Accounts, certify that
there is on file and of record in my office a certificate of the Attorney-
General of the State of Texas to the effect that this bond has been
examined by him, as required by Article 918d, Eevised Statutes of
1895, and that he finds that it has been issued in conformity with the
Constitution and laws of the State of Texas, and that it is a valid and
binding obligation upon said Independent School District
of Texas, and said bond has this day been registered by me.
Witness my hand and the seal of my office this .... day of ,
19 .
Comptroller of Public Accounts of the State of Texas.
KOTES.
(a) Insert "annually" or " semi-annually " as it was stated in the bond
order.
(b) Name the place or places of payment as stated in bond ordei. If more
than one, do not omit the words " at the option of the holder."
(c) Name the same person or persons who were named in paragraph 6 of the
bond order.
(d) State purpose exactly as it is stated in bond order.
(e) When the bonds are presented to the Attorney-General for approval, each
must be signed by the president and secretary of the board and bear the impress
of the seal of the district.
IT is NOT XECESSABY that the bonds shall be sent by messenger to the Attor-
ney-General. They may be sent by express,
(f) When the copy of bond is sent to the printer, send also a copy of the
signatures of the president and secretary, if it is desired to have the signatures
lithographed on the coupons.
(g) Insert the name of the Comptroller.
No. 749.
PROCEEDINGS NECESSARY TO AUTHORIZE THE LEVY OF A TAX
FOR THE SUPPORT AND MAINTENANCE OF SCHOOLS.
(f) ELECTION ORDER.
(Form No. 25.)
Be it ordered by the board of trustees of Independent
School District that an election be held at (a)
in the town of in said Independent School Dis-
trict on the .... day of , 19. ., to determine if the board of
TEXAS CIVIL FOUM BOOK. 637
trustees of said district shall have power to annually levy and collect
a tax upon all taxable property in said district, for the support and main-
tenance of public free schools in said Independent School
District, of and at the rate of (b) ! ;
such tax, if voted, to be levied and collected for the year (c)
and annually thereafter unless it be discontinued as provided by law.
is hereby appointed manager of said election, and he
shall select two judges and two clerks to assist him in holding the same.
None but property taxpayers, as shown by the last assessment rolls (d)
who are qualified voters in said Independent School Dis-
trict, shall vote at said election.
A copy of this order signed by the president and attested by the
secretary of this board shall serve as proper notice of said election, and
the president shall cause notice of said election to be given in accordance
with law (e). .
NOTES.
(a) Designate the place — that is, the office, store or building — where the
polls will be opened.
(b) Insert here: "not exceeding one-half of one per cent ad valorem," or
the proposition may be for a specific per cent, not exceeding 50 cents on the
$100. Jn the latter case, insert here: •' cents on the $100 valua-
tion thereof."
(c) If the election will be held before the completion of the tax rolls for the
current year, insert here the number of the current year. Otherwise, insert the
number of the ensuing year.
(d) Xote that only property taxpayers in the district who?e names appear
on the last assessment rolls, and who are qualified voters in the district, can vote
at the election.
(e) Five copies of this order should be made and signed by the president and
set retary of the board, under the seal of the district.
Three to be posted in different portions of the district, one of them at the
place designated for holding the election, for thirty full days before the date of
the election.
The fourth copy to be published in a newspaper, if there is a newspaper pub-
lished in the district, once a week for four consecutive weeks before the election
day, the first publication to appear at least thirty days before the election.
The fifth copy to be filed in the office of the secretary of the board after there
has been attached to it ( 1 ) the affidavit of the person who posted the notices,
stating the date when and naming the places where he posted the notices ; and
'2) the affidavit of the publisher of the newspaper, giving the dates of publica-
tion.
The returns of the election and order declaring the result of the election
should follow the Forms Nos. 18 and 19. The returns must be recorded. (See
note c to Form 18.)
<f) "One election and no more shall be held hereafter in any one calendar
year to ascertain whether a school tax shall be levied." (Section 142, Chapter
124. General Laws, Regular Session. Twenty-ninth Legislature — same numbered
section of The School Laws, 1905 compilation).
638 TEXAS CIVIL FORM BOOK.
No. 750.
(a) ORDER LEVYING TAXES.
. (Form No. 26.)
Be it ordered by the board of trustees of Independent
School District that there is hereby levied for the year (b) on all
real property situated and all property owned within the limits of the
Independent School District on the first day of January
of the current year, except so much thereof as may be exempt by the
Constitution and laws of this State or the United States, the following
taxes :
First. An ad valorem tax of and at the rate of cents on the
one hundred dollars cash value thereof, estimated in lawful currency of
the United States, for the support and maintenance of public free schools
in said Independent School District.
Second. An ad valorem tax of and at the rate of cents on
the one hundred dollars cash value thereof, estimated in lawful currency
of the United States, to pay current interest on and provide one year's
sinking fund for the bonds of said district dated (c).
Third (d)
NOTES.
(a) It requires five members of the board to constitute a quorum at a meet-
ing for the imposition of taxes.
(b) Inse'rt the number of the current year. An order should be passed each
year levying such taxes as are desired to be collected for the year, within the
limit of the taxes previously voted.
(c) Insert date of the bonds. If the bonds were authorized by an order
passed during the current year and before this order is passed, in which order
this tax was levied for the current year, add here : " this levy being made in
ratification of, but not in addition to, the levy of said tax made by the order of
this board passed on the day of , 19 . . , authorizing the
issuance of said bonds."
(d) If the district has issued more than one series of bonds, a tax must be
levied for each series. The total taxes levied for bonds must not exceed twenty-
five ^25) cents.
The tax for maintenance and support of schools must never exceed the amount
voted, which may be not exceeding 50 cents on the $100.
TEXAS CIVIL FORM BOOK. 639
REFUNDING BONDS.
1. Bead Section 156 of Chapter 124, General Laws of Regular Ses-
sion of Twenty-ninth Legislature (same numbered section of The School
Laws, 1905 compilation) and Article 918e of Revised Statutes, as
amended by Chapter 13 of General Laws of Regular Session of Twenty-
seventh Legislature (page 116 of Supplement to Sayles' Texas Civil
Statutes).
2. The bond record in regard to refunding bonds submitted to the
Attorney-General must contain:
(a) All the data with respect to the original issue; that is, Forms
14 to 23, both inclusive.
(b) And with respect to the new bonds, a certified copy of Form
27; and Forms 21, 22 and 23.
(c) Form of bond. Follow Form 24, making the necessary changes.
No. 751.
(a) ORDER FOR REFUNDING BONDS.
(Form No. 27.)
Whereas, by order of the board of trustees passed on the .... day
of , 19. ., the Independent School District legally
issued its bonds dated to the amount of $ , bear-
ing .... per cent interest, of which issue there are now outstanding and
unpaid bonds amounting in the aggregate to the sum of $ ; and
Whereas the board of trustees of said Independent
School District deem it advisable and to the interest of said district
that new bonds be issued in lieu thereof :
Therefore be it ordered by the board of trustees of said
Independent School District, as follows:
1. That the bonds of said district, to be called " Inde-
pendent School District Refunding Bonds," be issued under and by
virtue of Section 156 of Chapter 124 of the General Laws of the Regular
Session of the Twenty-ninth Legislature, to the amount of $ (b),
for the purpose of paying off, canceling and in lieu of a like amount of
the legally issued and outstanding bonds of said district dated
2. (Same as section 2 of Form 20.)
3. (Same as section 3 of Form 20.)
4. (Same as section 4 of Form 20.) (c)
5. (Same as section 5 of Form 20.)
6. (Same as section 6 of Form 20.)
7. (Same as section 7 of Form 20.)
8. That each of said bonds shall contain the following recitals and
provisions :
640 TEXAS CIVIL FORM BOOK.
" It is hereby recited and certified that the series of bonds is issued
in lieu of a like amount of bonds of said Independent
School District heretofore legally issued and which were outstanding'
and unpaid at the date of the issuance of this series of bonds; that all
acts, conditions and things required to be done and performed
(continue as in section 8 of form 20 to the end of that section).
9. (Same as section 9 of Form 20.)
10 (d)
11. (Same as section 11 of Form 20.)
13 (e)
NOTES.
(a) No election is necessary to authorize the issuance of refunding bonds.
There must be at least five members of the board present at the meeting at
which this order is passed.
(b) The money in the sinking fund for the bonds to be refunded must be
applied, as far as it will go, to the payment of those bonds, and new bonds may
be issued for the balance, only.
(c) The new bonds may bear the same rate of interest as, or a, Uss rate than,
the bonds to be refunded.
(d) If this order is passed before any taxes are levied for the year, follow
section 10 of Form 20.
If before this order is passed a tax was levied, for the year, for the bonds to
be refunded, section 10 should read:
" 10. That to raise said sum of $ for the first year, there is hereby
appropriated the tax of cents on the $100, levied by this board on
the day of , 19... to provide for interest and sinking
fund on the bonds in lieu of which this series of bonds is issued, which tax shall
be collected and so applied."
(e) Copy section 12 of Form 20 and add, after the words "exclusive of com-
missions," the following: "and he is further authorized to apply the said pro-
ceeds thereof to the payment and discharge of said bonds in lieu of which this
series of bonds is issued."
See 29th Leg., Reg. Ses. (1905), p. 25. -
TEXAS CIVIL FORM BOOK. 641
BANKRUPT LAW OF 1898 WITH AMENDMENT 1903.
[PUBLIC — No. 62.]
An Act to establish a uniform system of bankruptcy throughout the United States.
Be it enacted by the Senate and House of Representatives of the United
States of America, in Congress assembled:
CHAPTER I.
DEFINITIONS.
SECTION 1. MEANING OF WORDS AND PHRASES. — a. The words and
phrases used in this act and in proceedings pursuant hereto shall, unless
the same be inconsistent with the context, be construed as follows:
(1) "A person against whom a petition has been filed" shall include a
person who has filed a voluntary petition; (2) "adjudication" shall
mean the date of the entry of a decree that the defendant, in a bank-
ruptcy proceeding, is a bankrupt, or if such decree is appealed from,
then the date when such decree is finally confirmed; (3) "appellate
courts " shall include the circuit courts of appeals of the United States,
the supreme courts of the Territories, and the Supreme Court of the
United States; (4) "bankrupt" shall include a person against whom
an involuntary petition or an application to set a composition aside or
to revoke a discharge has been filed, or who has filed a voluntary petition,
or who has been adjudged a bankrupt; (5) "clerk" shall mean the
clerk of a court of bankruptcy; (6) " corporations " shall mean all bodies
having any of the powers and privileges of private corporations not
possessed by individuals or partnerships, and shall include limited or
other partnership associations organized under laws making the capital
subscribed alone responsible for the debts of the association; (?) "court"
shall mean the court of bankruptcy in which the proceedings are pend-
ing, and may include the referee; (8) "courts of bankruptcy" shall
include the district courts of the United States and of the Territories,
the Supreme Court of the District of Columbia, and the United States
Court of the Indian Territory, and of Alaska; (9) "creditor" shall in-
clude anyone who owns a demand or claim provable in bankruptcy, and
may include his duly authorized agent, attorney, or proxy; (10) "date
of bankruptcy," or " time of bankruptcy," or " commencement of pro-
ceedings," or " bankruptcy," with reference to time, shall mean the date
when the petition was filed; (11) "debt" shall include any debt, demand
or claim provable in bankruptcy; (12) " discharge " shall mean the re-
lease of a bankrupt from all of his debts which are provable in bank-
ruptcy, except such as are excepted by this act; (13) "document" shall
include any book, deed or instrument in writing; (14) "holiday" shall
include Christmas, the Fourth of July, the Twenty-second of February,
Form Book — 41.
642 TEXAS CIVIL FORM BOOK.
and any day appointed by the President of the United States or the
Congress of the United States as a holiday or as a day of public fasting
or thanksgiving; (15) a person shall be deemed insolvent within the
provisions of this act whenever the aggregate of his property, exclusive
of any property which he may have conve}red, transferred, concealed,
or removed, or permitted to be concealed or removed, with intent to
defraud, hinder or delay his creditors, shall not, at a fair valuation, be
sufficient in amount to pay his debts; (16) " judge " shall mean a judge
of a court of bankruptcy, not including the referee; (17) "oath" shall
include affirmation; (18) "officer" shall include clerk, marshal, receiver,
referee and trustee, and the imposing of a duty upon or the forbidding
of an act by any officer shall include his successor and any person
authorized by law to perform the duties of such officer; (19) " persons "
shall include -corporations, except where otherwise specified, and officers,
partnerships, and women, and when used with reference to the commis-
sion of acts which are herein forbidden shall include persons who are
participants in the forbidden acts, and the agents, officers, and mem-
bers of the board of directors or trustees, or other similar controlling
bodies of corporations; (20) "petition" shall mean a paper filed in a
court of bankruptcy or with a clerk or deputy clerk by a debtor pray-
ing for the benefits of this act, or by creditors alleging the commission
of an act of bankruptcy by a debtor therein named; (21) "referee"
shall mean the referee who has jurisdiction of the case or to whom
the case has been referred, or anyone acting in his stead; (22) "con-
ceal" shall include secrete, falsify, and mutilate; (23) "secured cred-
itor" shall include a creditor who has security for his debt upon the
property of the bankrupt of a nature to be assignable under this act,
or who owns such a debt for which some indorser, surety, or other person
secondarily liable for the bankrupt has such security upon the bank-
rupt's assets; (24) "States'" shall include the Territories, the Indian
Territory, Alaska, and the District of Columbia; (25) "transfer" shall
include the sale and every other and different mode of disposing of or
parting with property, or the possession of property, absolutely or
conditionally, as a payment, pledge, mortgage, gift, or security;
(26) " trustee " shall include all of the trustees of an estate; (27) "wage
earner " shall mean an individual who works for wages, salary or hire,
at a rate of compensation not exceeding one thousand five hundred
dollars per year; (28) words importing the masculine gender may be
applied to and include corporations, partnerships, and women ;
(29) words importing the plural number may bbe applied to and mean
only a single person or thing; (30) words importing the singular num-
ber may be applied to and mean several persons or things.
CHAPTER II.
CREATION OF COURTS OF BANKRUPTCY AND THEIR JURISDICTION.
SEC. 2. That the courts of bankruptcy as hereinbefore defined, viz.,
the district courts of the United States in the several States, the Su-
TEXAS CIVIL FORM BOOK. 643
preme Court of the District of Columbia, the district courts of the
several Territories, and the United States Courts in the Indian Territory,
and the District of Alaska, are hereby made courts of bankruptcy, and
are hereby invested within their respective territorial limits as now
established, or as they may be hereafter changed, with such jurisdiction
at law and in equity as will enable them to exercise original jurisdiction
in bankruptcy proceedings, in vacation in chambers and during their
respective terms, as they are now or may be hereafter held, to (1) ad-
judge persons bankrupt who have had their principal place of business,
resided, or had their domicile within their respective territorial juris-
dictions for the preceding six months, or the greater portion thereof,
or who do not have their principal place of business, reside, or have
their domicile within the United States, but have property within their
jurisdictions, or who have been adjudged bankrupts by courts of compe-
tent jurisdiction without the United States and have property within
their jurisdictions; (2) allow claims, disallow claims, reconsider allowed
or disallowed claims, and allow or disallow them against bankrupt
estates; (3) appoint receivers or the marshals, upon application of par-
ties in interest, in case the courts shall find it absolutely necessary, for
the preservation of estates, to take charge of the property of bankrupts
after the filing of the petition and until it is dismissed or the trustee is
qualified; (4) arraign, try and punish bankrupts, officers and other
persons, and the agents, officers, members of the board of directors or
trustees, or other similar controlling bodies, of corporations for viola-
tions of this act, in accordance with the laws of procedure of the United
States now in force, or such as may be hereafter enacted, regulating
trials for the alleged violation of laws of the United States; (5) author-
ize the business of bankrupts to be conducted for limited periods by
receivers, the marshals, or trustees, if necessary in the best interests
of the estates; (6) bring in and substitute additional persons or parties
in proceedings in bankruptcy when necessary for the complete deter-
mination of a matter in controversy; (7) cause the estates of bankrupts
to be collected, reduced to money and distributed, and determine con-
troversies in relation thereto, except as herein otherwise provided ;
(8) close estates, whenever it appears that they have been fully admin-
istered, by approving the final accounts and discharging the trustees,
and reopen them whenever it appears they were closed before being fully
administered; (9) confirm or reject composition? between debtors and
their creditors, and set aside composition? and reinstate the eases;
(10) consider and confirm, modify or overrule, or return with instruc-
tions for further proceedings, records and findings certified to them by
referees; (11) determine all claims of bankrupts to their exemptions;
(12) discharge or refuse to discharge bankrupts and set aside discharges
and reinstate the cases; (13) enforce obedience by bankrupts, officers and
other persons to all lawful orders, by fine or imprisonment or fine and
imprisonment; (14) extradite bankrupts from their respective districts
to other districts; (15) make such orders, issue such process, and enter
644 TEXAS CIVIL FORM BOOK.
such judgments in addition to those specifically provided for as may be
necessary for the enforcement of the provisions of this act; (16) punish
persons for contempt committed before referees; (17) pursuant to the
recommendation of creditors, or when they neglect to recommend the
appointment of trustees, appoint trustees, and upon complaints of
creditors, remove trustees for cause upon hearings and after notices to
them; (18) tax costs, whenever they are allowed by law, and render
judgments therefor against the unsuccessful party, or the successful
party for cause, or in part against each of the parties, and against estates.
in proceedings in bankruptcy; and (19) transfer cases to other courts
of bankruptcy.
Nothing in this section contained shall be construed to deprive a court
of bankruptcy of any power it would possess were certain specific powers
not herein enumerated.
CHAPTER III.
BANKRUPTS.
SEC. 3. ACTS OF BANKRUPTCY. — a. Acts of bankruptcy by a person
shall consist of his having (1) conveyed, transferred, concealed, or re-
moved, or permitted to be concealed or removed, any part of his prop-
erty with intent to hinder, delay, or defraud his creditors, or any of
them; or (2) transferred, while insolvent, any portion of his property
to one or more of his creditors with intent to prefer such creditors over
his other creditors; or (3) suffered or permitted, while insolvent, any
creditor to obtain a preference through legal proceedings, and not having
at least five days before a sale or final disposition of any property
affected by such preference vacated or discharged such preference; or
(4) made a general assignment for the benefit of his creditors; or
(5) admitted in writing his inability to pa}' his debts and his willingness
to be adjudgged a bankrupt on that ground.
b. A petition may be filed against a person who is insolvent and who
has committed an act of bankruptcy within four months after the com-
mission of such act. Such time shall not expire until four months after
(1) the date of the recording or registering of the transfer or assign-
ment when the act consists in having made a transfer of any of his
property with intent to hinder, delay, or defraud his creditors or for the
purpose of giving a preference as hereinbefore provided, or a general
assignment for the benefit of his creditors, if by law such recording or
registering is required or permitted, or, if it is not, from the date when
the beneficiary takes notorious, exclusive, or continuous possession of the
property unless the petitioning creditors have received actual notice of
such transfer or assignment.
c. It shall be a complete defense to -any proceedings in bankruptcy
instituted under the first subdivision of this section to allege and prove
that the party proceeded against was not insolvent as defined in this act
at the time of the filing the petition against him, and if solvency at such
date is proved by the alleged bankrupt the proceedings shall be dismissed,
TEXAS CIVIL FORM BOOK. 645
and under said subdivision one the burden of proving solvency shall be
on the alleged bankrupt.
d. Whenever a person against whom a petition has been filed as here-
inbefore provided under the second and third subdivisions of this section
takes issue with and denies the allegation of his insolvency, it shall be
his duty to appear in court on the hearing, with his books, papers and
accounts, and submit to an examination, and give testimony as to all
matters tending to establish solvency or insolvency, and in case of his
failure to so attend and submit to examination the burden of proving
his solvency shall rest upon him.
e. Whenever a petition is filed by any person for the purpose of having
another adjudged a bankrupt, and an application is made to take charge
of and hold the property of the alleged bankrupt, or any part of the
same, prior to the adjudication and pending a hearing on the petition,
the petitioner or applicant shall file in the same court a bond with at
least two good and sufficient sureties who shall reside within the juris-
diction of said court, to be approved by the court or a judge thereof, in
such sum as the court shall direct, conditioned for the payment, in case
such petition is dismissed, to the respondent, his or her personal repre-
sentatives, all costs, expenses and damages occasioned by such seizure,
taking and detention of the property of the alleged bankrupt.
If such petition be dismissed by the court or withdrawn by the peti-
tioner, the respondent or respondents shall be allowed all costs, counsel
fees, expenses and damages occasioned by such seizure, taking, or de-
tention of such property. Counsel fees, costs, expenses and damages
shall be fixed and allowed by the court, and paid by the obligors in such
bond.
SEC. 4. WHO MAY BECOME BANKRUPTS. — a. Any person who owes
debts, except a corporation, shall be entitled to the benefits of this act
as a voluntary bankrupt.
b. Any natural person, except a wage earner or a person engaged
chiefly in farming or the tillage of the soil, any unincorporated com-
pany, and any corporation engaged principally in manufacturing, trad-
ing, printing, publishing, or mercantile pursuits, owing debts to the
amount of one thousand dollars or over, may be adjudged an involuntary
bankrupt upon default or an impartial trial, and shall be subject to the
provisions and entitled to the benefits of this act. Private bankers, but
not national banks or banks incorporated under State or Territorial
laws, may be adjudged involuntary bankrupts.
SEC. 5 PARTNERS. — a. A partnership during the continuation of the
partnership business, or after its dissolution and before the final settle-
ment thereof may be adjudged a bankrupt.
b. The creditors of the partnership shall appoint the trustee; in other
respects so far as possible the estate shall be administered as herein pro-
vided for other estates.
646 TEXAS CIVIL FORM BOOK.
c. The court of bankruptcy which has jurisdiction of one of the part-
ners may have jurisdiction of all the partners and of the administration
of the partnership and individual property.
d. The trustee shall keep separate accounts of the partnership prop-
erty and of the property belonging to the individual partners.
e. The expenses shall be paid from the partnership property and the
individual property in such proportions as the court shall determine.
f. The net proceeds of the partnership property shall be appropriated
to the payment of the partnership debts, and the net proceeds of the
individual estate of each partner to the payment of his individual debts.
Should any surplus remain of the property of any partner after paying
his individual debts, such surplus shall be added to the partnership
assets and be applied to the payment of the partnership debts. Should
any surplus of the partnership property remain after paying the partner-
ship debts, such surplus shall be added to the assets of the individual
partners in the proportion of their respective interests in the partnership.
g. The court may permit the proof of the claim of the partnership
estate against the individual estates, and vice versa, and may marshal the
assets of the partnership estate and individual estates so as to prevent
preferences and secure the equitable distribution of the property of the
several estates.
h. In the event of one or more but not all of the members of a partner-
ship being adjudged bankrupt, the partnership property shall not be
administered in bankruptcy, unless by consent of the partner or partners
not adjudged bankrupt; but such partner or partners not adjudged
bankrupt shall settle the partnership business as expeditiously as its
nature will permit, and account for the interest of the partner or part-
ners adjudged bankrupt.
SEC. 6. EXEMPTIONS OF BANKRUPTS. — a. This act shall not affect
the allowance to bankrupts of the exemptions which are prescribed by
the State laws in force at the time of the filing of the petition in the
State wherein they have had their domicile for the six months or the
greater portion thereof immediately preceding the filing of the petition.
SEC. 7. DUTIES OF BANKRUPTS. — a. The bankrupt shall (1) attend
the first meeting of his creditors, if directed by the court or a judge
thereof to do so, and the hearing upon his application for a discharge,
if filed; (2) comply with all lawful orders of the court; (3) examine the
correctness of all proofs of claims filed against his estate; (4) execute
and deliver such papers as shall be ordered by the court; (5) execute to
his trustee transfers of all his property in foreign countries; (6) imme-
diately inform his trustee of any attempt, by his creditors or other per-
sons, to evade the provisions of this act, coming to his knowledge;
(7) in case of any person having to his knowledge proved a false claim
against his estate, disclose that fact immediately to his trustee; (8) pre-
pare, make oath to, and file in court within ten days, unless further time
is granted, after the adjudication, if an involuntary bankrupt, and with
TEXAS CIVIL FORM BOOK. 647
the petition if a voluntary bankrupt, a schedule of his property, show-
ing the amount and kind of property, the location thereof, its money
value in detail, and a list of his creditors, showing their residences, if
known, if unknown, that fact to be stated, the amounts due each of
them, the consideration thereof, the security held by them, if any, and a
claim for such exemptions as he may be entitled to, all in triplicate, one
copy of each for the clerk, one for the referee, and one for the trustee;
and (9) when present at the first meeting of his creditors, and at such
other times as the court shall order, submit to an examination concern-
ing the conducting of his business, the cause of his bankruptcy, his deal-
ings with his creditors and other persons, the amount, kind, and where-
abouts of his property, and, in addition, all matters which may affect
the administration and settlement of his estate; but no testimony given
by him shall be offered in evidence against him in any criminal pro-
ceeding.
Provided, however, that he shall not be required to attend a meeting
of his creditors, or at or for an examination at a place more than one
hundred and fifty miles distant from his home or principal place of busi-
ness, or to examine claims except when presented to him, unless ordered
by the court, or a judge thereof, for cause shown, and the bankrupt
shall be paid his actual expenses from the estate when examined or
required to attend at any place other than the city, town or village of his
residence.
SEC. 8. DEATH OR INSANITY OF BANKRUPT. — a. The death or
insanity of a bankrupt shall not abate the proceedings, but the same
shall be conducted and concluded in the same manner, so far as possible,
as though he had not died or become insaue: Provided, that in case of
death the widow and children shall be entitled to all rights of dower
and allowance fixed by the laws of the State of the bankrupt's residence.
SEC. 9. PROTECTION AND DETENTION OF BANKRUPTS. — a. A bank-
rupt shall be exempt from arrest upon civil process except in the fol-
lowing cases: (1) When issued from a court of bankruptcy for con-
tempt or disobedience of its lawful orders; (2) when issued from a State
court having jurisdiction, and served within such State, upon a debt or
claim from which his discharge in bankruptcy would not be a release,
and in such case he shall be exempt from such arrest when in attend-
ance upon a court of bankruptcy or engaged in the performance of a
duty imposed by this act.
b. The judge may, at any time after the filing of a petition by or
against a person, and before the expiration of one month after the
qualification of the trustee, upon satisfactory proof by the affidavits of
at least two persons that such bankrupt is about to leave the district
in which he resides or has his principal place of business to avoid ex-
amination, and that his departure will defeat the proceedings in bank-
ruptcy, issue a warrant to the marshal, directing him to bring such
bankrupt forthwith before the court for examination. If upon hear-
648 TEXAS CIVIL FORM BOOK.
ing the evidence of the parties it shall appear to the court or a judge
thereof that the allegations are true and that it is necessary, he shall
order such marshal to keep such bankrupt in custody not exceeding
ten days but not imprison him, until he shall be examined and released
or give bail conditioned for his appearance for examination, from time
to time, not exceeding in all ten days, as required by the court, and for
his obedience to all lawful orders made in reference- thereto.
SEC. 10. EXTRADITION OF BANKRUPTS. — a. Whenever a warrant for
the apprehension of a bankrupt . shall have been issued, and he shall
have been found within the jurisdiction of a court other than the one
issuing the warrant, he may be extradited in the same manner in which
persons under indictment are now extradited from one district within
which a district court has jurisdiction to another.
SEC. 11. SUITS BY AND AGAINST BANKRUPTS. — a. A suit which is
founded upon a claim from which a discharge would be a release, and
which is pending against a person at the time of the filing of a petition
against him, shall be stayed until after an adjudication or the dismissal
of the petition ; if such person is adjudged a bankrupt, such action may
be further stayed until twelve months after the date of such adjudica-
tion, or, if within that time such person applies for a discharge, then
until the question of such discharge is determined.
b. The court may order the trustee to enter his appearance and de-
fend any pending suit against the bankrupt.
c. A trustee may, with the approval of the court, be permitted to
prosecute as trustee any suit commenced by the bankrupt prior to the
adjudication, with like force and effect as though it had been com-
menced by him.
d. Suits shall not be brought by or against a trustee of a bankrupt
estate subsequent to two years after the estate has been closed.
SEC. 12. COMPOSITIONS, WHEN CONFIRMED. — a. A bankrupt may
offer terms of composition to his creditors #fter, but not before, he has
been examined in open court or at a meeting of his creditors and filed
in court the schedule of his property and list of his creditors, required
to be filed by bankrupts.
b. An application, for the confirmation of a composition may be filed
in the court of bankruptcy after, but not before, it has been accepted in
writing by a majority in number of all creditors whose claims have been
allowed, which number must represent a majority in amount of such
claims, and the consideration to be paid by the bankrupt to his cred-
itors, and the money necessary to pay all debts which have priority and
the cost of the proceedings, have been deposited in such place as shall
be designated by and subject to the order of the judge.
c. A date and place, with reference to the convenience of the parties
in interest, shall be fixed for the hearing upon each application for the
confirmation of a composition, and such objections as may be made to
its confirmation.
TEXAS CIVIL FORM BOOK. 649
d. The judge shall confirm a composition if satisfied (1) that it is for
the best interests of the creditors; (2) the bankrupt has not been guilty
of any of the acts or failed to perform any of the duties which would be
a bar to his discharge; and (3) the offer and its acceptance are in good
faith and have not been made or procured except as herein provided,
or by any means, promises, or acts herein forbidden.
e. Upon the confirmation of a composition, the consideration shall be
distributed as the judge shall direct, and the case dismissed. Whenever
a composition is not confirmed, the estate shall be administered in bank-
ruptcy as herein provided.
SEC. 13. COMPOSITIONS, WHEN SET ASIDE. — a. The judge may, upon
the application of parties in interest filed at any time within six months
after a composition has been confirmed, set the same aside and reinstate
the case if it shall be made to appear upon a trial that fraud was prac-
ticed in the procuring of such composition, and that the knowledge
thereof has come to the petitioners since the confirmation of such com-
position.
SEC. 14. DISCHARGES, WHEN GRANTED. — a. Any person may, after
the expiration of one month and within the next twelve months subse-
quent to being adjudged a bankrupt, file an application for a discharge
in the court of bankruptcy in which the proceedings are pending : if it
shall be made to appear to the judge that the bankrupt was unavoidably
prevented from filing it within such time, it may be filed within but not
after the expiration of the next six months.
b. The judge shall hear the application for a discharge, and such
proofs and pleas as may be made in opposition thereto by parties in in-
terest, at such time as will give parties in interest a reasonable oppor-
tunity to be fully heard, and investigate the merits of the application
and discharge the applicant unless he has (1) committed an offense
punishable by imprisonment as herein provided; or (2) with fraudu-
lent intent to conceal his true financial condition and in contempla-
tion of bankruptcy, destroyed, concealed, or failed to keep books of
account or records from which his true condition might be ascertained.
c. The confirmation of a composition shall discharge the bankrupt
from his debts, other than those agreed to be paid by the terms of the
composition and those not affected by a discharge.
SEC. 15. DISCHARGES, WHEX REVOKED. — a. The judge may, upon
the application of parties in interest who have not been guilty of undue
laches, filed at any time within one year after a discharge shall have
been granted, revoke it upon a trial if it shall be made to appear that
it was obtained through the fraud of the bankrupt, and that the knowl-
edge of the fraud has come to the petitioners since the granting of the
discharge, and that the actual facts did not warrant the discharge.
SEC. 16. CO-DEBTORS OF BANKRUPTS. — a. The liability of a person
who is a co-debtor with, or guarantor or in any manner a surety for a
bankrupt shall not be altered by the discharge of such bankrupt.
G50 TEXAS CIVIL FORM BOOK.
SEC. 17. DEBTS NOT AFFECTED BY A DISCHARGE. — a. A discharge in
bankruptcy shall release a bankrupt from all of his provable debts, ex-
cept such as ( 1 ) are due as a tax levied by the United States, the State,
county, district, or municipality in which he resides; (2) are judg-
ments in actions for frauds, or obtaining property by false pretenses or
false representations, or for willful and malicious injuries to the person
or property of another; (3) have not been duly scheduled in time for
proof and allowance, with the name of the creditor if known to the
bankrupt, unless such creditor had notice or actual knowledge of the
proceedings in bankruptcy; or (4) were created by his fraud, embez-
zlement, misappropriation, or defalcation while acting as an officer or
in any fiduciary capacity.
CHAPTER IV.
COURTS AND PROCEDURE THEREIN.
SEC. 18. PROCESS, PLEADINGS, AND ADJUDICATIONS. — a. Upon the
filing of a petition for involuntary bankruptcy, service thereof, with a
writ of subpoena, shall be made upon the person therein named as de-
fendant in the same manner that service of such process is now had
upon the commencement of a suit in equity in the courts of the United
States, except that it shall be returnable within fifteen days, unless the
judge shall for cause fix a longer time ; but in case personal service can-
not be made, then notice shall be given by publication in the same man-
ner and for the same time as provided by law for notice by publication
in suits in equity in courts of the United States.
b. The bankrupt, or any creditor, may appear and plead to the peti-
tion within ten days after the return day, or within such further time
as the court may allow.
c. All pleadings setting up matters of fact shall be verified under
oath.
d; If the bankrupt, or any of his creditors, shall appear, within the
time limited, and controvert the facts alleged in the petition, the judge
shall determine, as soon as may be, the issues presented by the pleadings,
without the intervention of a jury, except in cases where a jury trial is
given by this act, and make the adjudication or dismiss the petition.
e. If on the last day within which pleadings may be filed none are
filed by the bankrupt or any of his creditors, the judge shall on the next
day, if present, or as soon thereafter as practicable, make the adjudica-
tion or dismiss the petition.
f. If the judge is absent from the district, or the division of the dis-
trict in which the petition is pending, on the next day after the last day
on which pleadings may be filed, and none have been filed by the bank-
rupt or any of his creditors, the clerk shall forthwith refer the case to
the referee.
g. Upon the filing of a voluntary petition the judge shall hear the
petition and make the adjudication or dismiss the petition. If the
TEXAS CIVIL FOEM BOOK. 651
judge is absent from the district, or the division of the district in
which the petition is filed at the time of the filing, the clerk shall forth-
with refer the case to the referee.
SEC. 19. JURY TRIALS. — a. A person against whom an involuntary
petition has been filed shall be entitled to have a trial by jury, in respect
to the question of his insolvency, except as herein otherwise provided,
and any act of bankruptcy alleged in such petition to have been com-
mitted, upon filing a written application therefor at or before the time
within which an answer may be filed. If such application is not filed
within such time, a trial by jury shall be deemed to have been waived.
b. If a jury is not in attendance upon the court, one may be specially
summoned for the trial, or the case may be postponed, or, if the case is
pending in one of the district courts within the jurisdiction of a circuit
court of the United States, it may be certified for trial to the circuit
court sitting at the same place, or by consent of parties when sitting at
any other place in the same district, if such circuit court has or is to
have a jury first in attendance.
c. The right to submit matters in controversy, or an alleged offense
under this .act, to a jury «hall be determined and enjoyed, except as
provided in this act, according to the United States laws now in force
or such as may be hereafter enacted in relation to trials by jury.
SEC. 20. OATHS, AFFIRMATIONS. — a. Oaths required by this act,
except upon hearings in court, may be administered by (1) referees;
(2) officers authorized to administer oaths in proceedings before the
courts of the United States, or under the laws of the State where the
same are to be taken; and (3) diplomatic or consular officers of the
United States in any foreign country.
b. Any person conscientiously opposed to taking an oath may, in lieu
thereof, affirm. Any person who shall affirm falsely shall be punished
as for the making of a false oath.
SEC. 21. EVIDENCE. — a. A court of bankruptcy may. upon applica-
tion of any officer, bankrupt, or creditor, by order require any desig-
nated person, including the bankrupt, who is a competent witness un-
der the laws of the State in which the proceedings are pending, to ap-
pear in court or before a referee or the judge of any State court, to be
examined concerning the acts, conduct, or property of a bankrupt whose
estate is in process of administration under this act.
b. The right to take depositions in proceedings under this act shall
be determined and enjoyed according to the United States laws now in
force, or such as may be hereafter enacted relating to the taking of de-
positions, except as herein provided.
c. Notice of the taking of depositions shall be filed with the referee
in every case. When depositions are to be taken in opposition to the
allowance of a claim notice shall also be served upon the claimant, and
when in opposition to a discharge notice shall also be served upon the
bankrupt.
652 TEXAS CIVIL FORM BOOK.
d. Certified copies of proceedings before a referee, or of papers, when
issued by* the clerk or referee, shall be admitted as evidence with like
force and effect as certified copies of the records of the district courts
of the United States are now or may hereafter be admitted as evidence.
e. A certified copy of the order approving the bond of a trustee shall
constitute conclusive evidence of the vesting in him of the title to the
property of the bankrupt, and if recorded shall impart the same notice
that a deed from the bankrupt to the trustee if recorded would have
imparted had not bankruptcy proceedings intervened.
f. A certified copy of an order confirming or setting aside a composi-
tion, or granting or setting aside a discharge, not revoked, shall be evi-
dence of the jurisdiction of the court, the regularity of the proceed-
ings, and of the fact that the order was made.
g. A certified copy of an order confirming a composition shall consti-
tute evidence of the revesting of the title of his property in the bank-
rupt, and if recorded shall impart the same notice that a deed from the
trustee to the bankrupt if recorded would impart.
SEC. 22. BEFERENCES OF CASES AFTER ADJUDICATION. — a. After a
person has been adjudged a bankrupt the judge may cause the trustee
to proceed with the administration of the estate, or refer it (1) gener-
ally to the referee or specially with only limited authority to act in the
premises or to consider and report upon specified issues; or (2) to any
referee within the territorial jurisdiction of the court, if the conven-
ience of parties in interest will be served thereby, or for cause, or if the
bankrupt does not do business, reside, or have his domicile in the dis-
trict.
b. The judge may, at any time, for the convenience of the parties or
for cause, transfer a case from one referee to another.
SEC. 23. JURISDICTION OF UNITED STATES AND STATE COURTS. —
a. The United States circuit courts shall have jurisdiction of all con-
troversies at law and in equity, as distinguished from proceedings in
bankruptcy, between trustees as such and adverse claimants concern-
ing the property acquired or claimed by the trustees, in the same man-
ner and to the same extent only as though bankruptcy proceedings had
not been instituted and such controversies had been between the bank-
rupts and such adverse claimants.
b. Suits by the trustee shall only be brought or prosecuted in the
courts where the bankrupt, whose estate is being administered by such
trustee, might have brought or prosecuted them if proceedings in bank-,
ruptcy had not been instituted, unless by consent of the proposed de-
fendant.
c. The United States circuit courts shall have concurrent jurisdiction
with the courts of bankruptcy, within their respective territorial limits,
of the offenses enumerated in this act.
SEC. 24. JURISDICTION OF APPELLATE COURTS. — a. The Supreme
Court of the United States, the circuit courts of appeals of the United
TEXAS CIVIL FOUM BOOK. 653
States, and the supreme courts of the Territories, in vacation in cham-
bers and during their respective terms, as now or as they may be here-
after held, are hereby invested with appellate jurisdiction of contro-
versies arising in bankruptcy proceedings from the courts of bankruptcy
from which they have appellate jurisdiction in other cases. The Su-
preme Court of the United States shall exercise a like jurisdiction from
courts of bankruptcy not within any organized circuit of the United
States and from the supreme court of the District of Columbia.
b. The several circuit courts of appeal shall have jurisdiction in
equity, either interlocutory or final, to superintend and revise in matter
of law the proceedings of the several inferior courts of bankruptcy
within their jurisdiction. Such power shall be exercised on due notice
and petition by any party aggrieved.
SEC. 25. APPEALS AXD WRITS OF ERROR. — a. That appeals, as in
equity cases, may be taken in bankruptcy proceedings from the courts of
bankruptcy to the circuit court of appeals of the United States, and
to the supreme court of the Territories, in the following cases, to wit,
(1) from a judgment adjudging or refusing to adjudge the defendant
a bankrupt; (2) from a judgment granting or denying a discharge; and
(3) from a judgment allowing or rejecting a debt or claim of five hun-
dred dollars or over. Such appeal shall be taken within ten days after
the judgment appealed from has been rendered, and may be heard and
determined by the appellate court in term of vacation, as the case may
be.
b. From any final decision of a court of appeals, allowing or rejecting
a claim under this act, an appeal may be had under such rules and
within such time as may be prescribed by the Supreme Court of the
United States, in the following cases and no other:
1. Where the amount in controversy exceeds the sum of two thou-
sand dollars, and the question involved is one which might have been
taken on appeal or writ of error from the highest court of a State to
the Supreme Court of the United States; or
2. Where some justice of the Supreme Court of the United States
shall certify that in his opinion the determination of the question or
questions involved in the allowance or rejection of such claim is essen-
tial to a uniform construction of this act throughout the United States.
c. Trustees shall not be required to give bond when they take appeals
or sue out writs of error.
d. Controversies may be certified to the Supreme Court of the United
States from other courts of the United States, and the former court
may exercise jurisdiction thereof and issue writs of certiorari pursuant
to the provisions of the United States laws now in force or such as may
be hereafter enacted.
SEC. 26. ARBITRATION OF CONTROVERSIES. — a. The trustee may, pur-
suant to the direction of the court, submit to arbitration any contro-
versy arising in the settlement of the estate.
654 TEXAS CIVIL FORM BOOK.
b. Three arbitrators shall be chosen by mutual consent, or one by the
trustee, one by the other party to the controversy, and the third by the
two so chosen, or if they fail to agree in five days after their appoint-
ment the court shall appoint the third arbitrator.
c. The written finding of the arbitrators, or a majority of them, as to
the issues presented, may be filed in court and shall have like force and
effect as the verdict of a jury.
SEC. 27. COMPROMISES. — a. The trustee may, with the approval of
the court, compromise any controversy arising in the administration of
the estate upon such terms as he may deem for the best interest of the
estate.
SEC. 28. DESIGNATION OP NEWSPAPERS. — a. Courts of bankruptcy
shall by order designate a newspaper published within their respective
territorial districts, and in the county in which the bankrupt resides
or the major part of his property is situated, in which notices required
to be published by this act and orders which the court may direct to
be published shall be inserted. Any court may in a particular case, for
the convenience of parties in interest, designate some additional news-
paper in which notices and orders in such case shall be published.
SEC. 29. OFFENSES. — a. A person shall be punished, by imprison-
ment for a period of not to exceed five years, upon conviction of the
offense of having knowingly and fraudulently appropriated to his own
use, embezzled, spent, or unlawfully transferred any property or secreted
or destroyed any document belonging to a bankrupt estate which came
into his charge as trustee.
b. A person shall be punished, by imprisonment for a period not to
exceed two years, upon conviction of the offense of having knowingly
and fraudulently (1) concealed while a bankrupt, or after his discharge,
from his trustee any of the property belonging to his estate in bank-
ruptcy; or (2) made a false oath or account in, or in relation to, any
proceeding in bankruptcy; (3) presented under oath any false claim
for proof against the estate of a bankrupt, or used any such claim in
composition personally or by agent, proxy, or attorney, or as agent,
proxy, or attorney; or (4) received any material amount of property
from a bankrupt after the filing of the petition, with intent to defeat
this act; or (5) extorted or attempted to extort any money or property
from any person as a consideration for acting or forbearing to act in
bankruptcy proceedings.
c. A person shall be punished by fine, not to exceed five hundred dol-
lars, and forfeit his office, and the same shall thereupon become vacant,
upon conviction of the offense of having knowingly (1) acted as a
referee in a case in which he is directly or indirectly interested; or (2)
purchased while a referee, directly or indirectly, any property of the
estate in bankruptcy of which he is referee; or (3) refused, while a
referee or trustee, to permit a reasonable opportunity for the inspection
of the accounts relating to the affairs of, and the papers and records of,
estates in his charge by parties in interest when directed by the court
FO to do.
TEXAS CIVIL FORM BOOK. 655
d. A person shall not be prosecuted for any offense arising under this
act unless the indictment is found or the information is filed in court
within one year after the commission of the offense.
SEC. 30. RULES, FORMS, AND ORDERS. — a. All necessary rules, forms,
and orders as to procedure and for carrying this act into force and
effect shall be prescribed, and may be amended from time to time, by
the Supreme Court of the United States.
SEC. 31. COMPUTATION OF TIME. — a. Whenever time is enumerated
by days in this act, or in any proceeding in bankruptcy, the number of
days shall be computed by excluding the first and including the last,
unless the last fall on a Sunday or holiday, in which event the day
last included shall be the next day thereafter which is not a Sunday or
a legal holiday.
SEC. 32. TRANSFER OF CASES. — a. In the event petitions are filed
against the same person, or against different members of a partnership,
in different courts of bankruptcy each of which has jurisdiction, the
cases shall be transferred, by order of the courts relinquishing juris-
diction, to and be consolidated by the one of such courts which can pro-
ceed with the same for the greatest convenience of parties in interest.
CHAPTER V.
OFFICERS, THEIR DUTIES AND COMPENSATION.
SEC. 33. CREATION OF Two OFFICES. — a. The offices of referee and
trustee are hereby created.
SEC. 34. APPOINTMENT, REMOVAL, AND DISTRICTS OF REFEREES.—
a. Courts of bankruptcy shall, within the territorial limits of which
they respectively have jurisdiction, (1) appoint referees, each for a
term of two years, and may, in their discretion, remove them because
their services are not needed or for other cause; and (2) designate, and
from time to time change, the limits of the districts of referees, so that
each county, where the services of a referee are needed, may constitute
at least one district.
SEC. 35. QUALIFICATIONS OF REFEREES. — a. Individuals shall not
be eligible to appointment as referees unless they are respectively (1)
competent to perform the duties of that office; (2) not holding any
office of profit or emolument under the laws of the United States or of
any State other than commissioners of deeds, justices of the peace, mas-
ters in chancery, or notaries public; (3) not related by consanguinity
or affinity, within the third degree as determined by the common law,
to any of the judges of the courts of bankruptcy or circuit courts of
the United States, or of the justices or judges of the appellate courts
of the districts wherein they may be appointed; and (4) residents of,
or have their offices in, the territorial districts for which they are to be
appointed.
SEC. 36. OATHS OF OFFICE OF REFEREES. — a. Referees shall take the
same oath of office as that prescribed for judges of the United States
courts.
656
SEC. 37. XUMBEE OF EEFEREES. — a. Such number of referees shall
be appointed as may be necessary to assist in expeditiously transacting
the bankruptcy business pending in the various courts of bankruptcy.
SEC. 38. JURISDICTION OF EEFEREES. — a. Referees respectively are
hereby invested, subject always to a review by the judge, within the
limits of their districts as established from time to time, with juris-
diction to (1) consider all petitions referred to them by the clerks and
make the adjudications or dismiss the petitions; (2) exercise the powers
vested in courts of bankruptcy for the administering of oaths to and
the examination of persons as witnesses and for requiring the produc-
tion of documents in proceedings before them, except the power of com-
mitment; (3) exercise the powers of the judge for the taking possession
and releasing of the property of the bankrupt in the event of the issu-
ance by the clerk of a certificate showing the absence of a judge from
the judicial district, or the division of the district, or his sickness, or
inability to act; (4) perform such part of the duties, except as to ques-
tions arising out of the applications of bankrupts for compositions or
discharges, as are by this act conferred on courts of bankruptcy and as
shall be prescribed by rules or orders of the courts of bankruptcy of
their respective districts, except as herein otherwise provided; and
(5) upon the application of the trustee during the examination of the
bankrupts, or other proceedings, authorize the employment of stenog-
raphers at the expense of the estates at a compensation not to exceed
ten cents per folio for reporting and transcribing the proceedings.
SEC. 39. DUTIES OF EEFEREES. — a. Eeferees shall (1) declare divi-
dends and prepare and deliver to trustees dividend sheets showing the
dividends declared and to whom payable; (2) examine all schedules of
property and lists of creditors filed by bankrupts and cause such as
are incomplete or defective to be amended; (3) furnish such informa-
tion concerning the estates in process of administration before them as
may be requested by the parties in interest; (4) give notices to cred-
itors as herein provided; (5) make up records embodying the evidence,
or the substance thereof, as agreed upon by the parties in all contested
matters arising before them, whenever requested to do so by either of
the parties thereto, together with their findings therein, and transmit
them to the judges; (6) prepare and file the schedules of property and
list of creditors required to be filed by the bankrupts, or cause the same
to be done, when the bankrupts- fail, refuse, or neglect to do so;
(7) safely keep, perfect, and transmit to the clerks the records, herein
required to be kept by them, when the cases are concluded; (8) transmit
to the clerks such papers as may be on, file before them whenever the
same are needed in any proceedings in courts, and in like manner se-
cure the return of such papers after they have been used, or, if it be
impracticable to transmit the original papers, transmit certified copies
thereof by mail; (9) upon application of any party in interest, pre-
serve the evidence taken or the substance thereof as agreed upon by the
TEXAS CIVIL FORM BOOK. 657
parties before them when a stenographer is not in attendance; and
(10) whenever their respective offices are in the same cities or towns
where the courts of bankruptcy convene, call upon and receive from the
clerks all the papers filed in courts of bankruptcy which have been
referred to them.
b. Referees shall not (1) act in cases in which they are directly or
indirectly interested; (2) practice as attorneys and counsellors at law
in any bankruptcy proceedings; or (3) purchase, directly or indirectly,
any property of an estate in bankruptcy.
SEC. 40. COMPENSATION OF REFEREES. — a. Referees shall receive as
full compensation for their services, payable after they are rendered, a
fee of ten dollars deposited with the clerk at the time the petition is
filed in each case, except when a fee is not required from a voluntary
bankrupt, and from estates which have been administered before them
one per centum commissions on sums to be paid as dividends and com-
missions, or one-half of one per centum on the amount to be paid to
creditors upon the confirmation of a composition.
b. Whenever a case is transferred from one referee to another the
judge shall determine the proportion, in which the fee and commissions
therefor shall be divided between the referees.
c. In the event of the reference of a case being revoked before it is
concluded, and when the case is specially referred, the judge shall de-
termine what part of the fee and commissions shall be paid to the
referee.
SEC. 41. CONTEMPTS BEFORE REFEREES. — a. A person shall not, in
proceedings before a referee, (1) disobey or resist any lawful order,
process, or writ; (2) misbehave during a hearing or so near the place
thereof as to obstruct the same; (3) neglect to produce, after having
been ordered to do so, any pertinent document; or (4) refuse to appear
after having been subprenaed, or, upon appearing, refuse to take the
oath as a witness, or, after having taken the oath, refuse to be exam-
ined according to law: Provided, that no person shall be required to
attend as a witness before a referee at a place outside of the State of
his residence, and more than one hundred miles from such place of
residence, and only in case his lawful mileage and fee for one day's
attendance shall be first paid or tendered to him.
b. The referee shall certify the facts to the judge, if any person
shall do any of the things forbidden in this section. The judge shall
thereupon, in a summary manner, hear the evidence as to the acts com-
plained of, and, if it is such as to warrant him in so doing, punish such
person in the same manner and to the same extent as for a contempt
committed before the court of bankruptcy, or commit such person upon
the same conditions as if the doing of the forbidden act had occurred
with reference to the process of, or in the presence of, the court.
SEC. 42. RECORDS OF REFEREES. — a. The records of all proceedings
in each case before a referee shall be kept as nearly as may be in the
Form Book — 42.
658 TEXAS CIVIL FORM BOOK.
same manner as records are now kept in ,equity cases in circuit courts
of the United States.
b. A record of the proceedings in each case shall be kept in a separate
book or Books, and shall, together with the papers on file, constitute
the record of the case.
c. The book or books containing a record of the proceedings shall,
when the case is concluded before the referee, be certified to by him,
and, together with such papers as are on file before him, be transmitted
to the court of bankruptcy and shall there remain as a part, of the
records of the court.
SEC. 43. BEFEREE'S ABSENCE OR DISABILITY. — a. Whenever the
office of a referee is vacant, or its occupant is absent or disqualified to
act, the judge may act, or may appoint another referee, or another ref-
eree holding an appointment under the same court may, by order of
the judge, temporarily fill the vacancy.
SEC. 44. APPOINTMENT OF TRUSTEES. — a. The creditors of a bank-
rupt estate shall, at their first meeting after the adjudication or after a
vacancy has occurred in the office of trustee, or after an estate has been
reopened, or after a composition has been set aside or a discharge re-
voked, or if there is a vacancy in the office of trustee, appoint one trus-
tee or three trustees of such estate. If the creditors do not appoint a
trustee or trustees as herein provided, the court shall do so.
SEC. 45. QUALIFICATIONS OF TRUSTEES. — a. Trustees may be
(1) individuals who are respectively competent to perform the duties of
that office and reside or have an office in the judicial district within
which they are appointed; or (2) corporations authorized by their char-
ters or by law to act in such capacity and having an office in the judicial
district within which they are appointed.
SEC. :46. DEATH OR KEMOVAL OF TRUSTEES.— a. The death or removal
of a trustee shall not abate any suit or proceedings which he is prose-
cuting or defending at the time of his death or removal, but the same
may be proceeded with or defended by his joint trustee or successor in
the same manner as though the same had been commenced or was
being defended by such joint trustee alone or by such successor.
SEC. 47. DUTIES OF TRUSTEES.— a. Trustees shall respectively
( 1 ) account for and pay over to the estates under their control all interest
received by them upon property of such estates; (2) collect and reduce
to money the property of the estates for which they are trustees, under
the direction of the court, and close up the estate as expeditiously as
is compatible with the best interests of the parties in interest; (3) de-
posit all money received by them in one of the designated depositories;
(4) disburse money only by check or draft on the depositories in which
it has been deposited; (5) furnish such information concerning the es-
tates of which they are trustees and their administration as may be re-
quested by parties in interest; (6) keep regular accounts showing all
amounts received and from what sources and all amounts expended
and on what accounts; (7) lay before the final meeting of the cred-
TEXAS CIVIL FORM BOOK. 659
itors detailed statements of the administration of the estates; (8) make
final reports and file final accounts with the courts fifteen days before
the days fixed for the final meetings of the creditors; (9) pay dividends
within ten days after they are declared by the referees; (10) report to
the courts, in writing, the condition of the estates and the amounts of
money on hand, and such other details as may be required by the courts,
within the first month after their appointment and every two months
thereafter, unless otherwise ordered by the courts; and (11) set apart
the bankrupt's exemptions and report the items and estimated value
thereof to the court as soon as practicable after their appointment.
b. Whenever three trustees have been appointed for an estate, the
concurrence of at least two of them shall be necessary to the validity
of their every act concerning the administration of the estate.
SEC. 48. COMPENSATION OF TRUSTEES. — a. Trustees shall receive, as
full compensation for their services, payable after they are rendered, a
fee of five dollars deposited with the clerk at the time the petition is
filed in each case, except when a fee is not required from a voluntary
bankrupt, and from estates which they have administered, such com-
missions on sums to be paid as dividends and commissions as may be
allowed by the courts, not to exceed three per centum on the first five
thousand dollars or less, two per centum on the second five thousand
dollars or part thereof, and one per centum on such sums in excess of
ten thousand dollars.
b. In the event of an estate being administered by three trustees in-
stead of one trustee or by successive trustees, the court shall apportion
the fees and commissions between them according to the services actu-
ally rendered, so that there shall not be paid to trustees for the admin-
istering of any estate a greater amount than one trustee would be en-
titled to.
c. The court may, in its discretion, withhold all compensation from
any trustee who has been removed for cause.
SEC. 49. ACCOUNTS AND PAPERS OF TRUSTEES. — a. The accounts
and papers of trustees shall be open to the inspection of officers and all
parties in interest.
SEC. 50. BONDS OF REFEREES AND TRUSTEES. — a. Referees, before
assuming the duties of their offices, and within such time as the district
courts of the United States having jurisdiction shall prescribe, shall
respectively qualify by entering into bond with the United States in
such sum as shall be fixed by such courts, not to exceed five thousand
dollars, with such sureties as shall be approved by such courts, condi-
tioned for the faithful performance of their official duties.
b. Trustees, before entering upon the performance of their official
duties, and within ten days after their appointment, or within such
further time, not to exceed five days, as the court may permit, shall
respectively qualify by entering into bond to the United States, with such
sureties as snail be approved by the courts, conditioned for the faith-
ful performance of their official duties.
660 TEXAS CIVIL FORM BOOK.
c. The creditors of a bankrupt estate, at their first meeting after the
adjudication, or after a vacancy has occurred in the office of trustee, or
after an estate has been reopened, or after a composition has been set
aside or a discharge revoked, if there is a vacancy in the office of trustee,
shall fix the amount of the bond of the trustee; they may at any time
increase the amount of the bond. If the creditors do not fix the amount
of the bond of the trustee as herein provided the court shall do so.
d. The court shall require evidence as to the actual value of the prop-
erty of sureties.
e. There shall be at least two sureties upon each bond.
f. The actual value of the property of the sureties, over and above
their liabilities ' and exemptions, on each bond shall equal at least the
amount of such bond.
g. Corporations organized for the purpose of becoming sureties upon
bonds, or authorized by law to do so, may be accepted as sureties upon
the bonds of referees and trustees whenever the courts are satisfied that
the rights of all parties in interest will be thereby amply protected.
h. Bonds of referees, trustees, and designated depositories shall be
filed of record in the office of the clerk of the court and may be sued
upon in the name of the United States for the use of any person injured
by a breach of their conditions.
i. Trustees shall not be liable, personally or on their bonds, to the
United States, for any penalties or forfeitures incurred by the bank-
rupts under this act, of whose estates they are respectively trustees.
j. Joint trustees may give joint or several bonds.
k. If any referee or trustee shall fail to give bond, as herein provided
and within the time limited, he shall be deemed to have declined his
appointment, and such failure shall create a vacancy in his office.
1. Suits upon referees' bonds shall not be brought subsequent to two
years after the alleged breach of the bond.
m. Suits upon trustees' bonds shall not be brought subsequent to
two years after the estate has been closed.
SEC. 51. DUTIES OF CLERKS. — a. Clerks shall respectively (1) ac-
count for, as for other fees received by them, the clerk's fee paid in each
case and such other fees as may be received for certified copies of rec-
ords which may be prepared for persons other than officers; (2) collect
the fees of tbe clerk, referee, and trustee in each case instituted before
filing the petition, except the petition of a proposed voluntary bankrupt
which is accompanied by an affidavit stating that the petitioner is with-
out, and cannot obtain, the money with which to pay such fees; (3) de-
liver to the referees upon application all papers which may be referred
to them, or, if the offices of such referees are not in the same cities or
towns as the offices of such clerks, transmit such papers by mail, and in
like manner return papers which were received from such referees after
they have been used; (4) and within ten days after each case has been
closed pay to the referee, if the case was referred, the fee collected for
him, and to the trustee the fee collected for him at the time of filing
the petition.
TEXAS CIVIL FORM BOOK. C61
SEC. 52. COMPENSATION OF CLERKS AND MARSHALS. — a. Clerks
shall respectively receive as full compensation for their service to each
estate, a filing fee of ten dollars, except when a fee is not required from
a voluntary bankrupt.
b. Marshals shall respectively receive from the estate where an adju-
dication in bankruptcy is made, except as herein otherwise provided,
for the performance of their services in proceedings in bankruptcy, the
same fees, and account for them in the same way, as they are entitled
to receive for the performance of the same or similar services in other
cases in accordance with laws now in force, or such as may be hereafter
enacted, fixing the compensation of marshals.
SEC. 53. DUTIES OF ATTORNEY-GENERAL. — a. The Attorney-General
shall annually lay before Congress statistical tables showing for the
whole country, and by States, the number of cases during the year of
voluntary and involuntary bankruptcy; the amount of the property of
the estates ; the dividends paid and the expenses of administering such
estate; and such other like information as he may deem important.
SEC. 54. STATISTICS OF BANKRUPTCY PROCEEDINGS. — a. Officers
shall furnish in writing and transmit by mail such information as is
within their knowledge, and as may be shown by the records and papers
in their possession, to the Attorney-General, for statistical purposes,
within ten days after being requested by him to do so.
CHAPTER \7I.
CREDITORS.
SEC. 55. MEETINGS OF CREDITORS. — a. The court shall cause the first
meeting of creditors of a bankrupt to be held, not less than ten nor
more than thirty days after the adjudication, at the county seat of the
count)7 in which the bankrupt has had his principal place of business,
resided, or had his domicile; or if that place would be manifestly incon-
venient as a place of meeting for the parties in interest, or if the bank-
rupt is one who does not do business, reside, or have his domicile within
the United States, the court shall fix a place for the meeting which is
the most convenient for the parties in interest. If such meeting should
by any mischance not be held within such time, the court shall fix the
date, as soon as may be thereafter, when it shall be held.
b. At the first meeting of the creditors the judge or referee shall
preside, and, before proceeding with the other business, may allow or
disallow the claims of creditors there presented, and may publicly ex-
amine the bankrupt or cause him to be examined at the instance of any
creditor.
c. The creditors shall at each meeting take such steps as may be per-
tinent and necessary for the promotion of the best interests of the estate
and the enforcement of this act.
d. A meeting of creditors, subsequent to the first one, may be held at
any time and place when all the creditors who have secured the allow-
662 TEXAS CIVIL FORM BOOK.
ance of their claims sign a written consent to hold a meeting at such
time and place.
e. The court shall call a meeting of creditors whenever one-fourth or
more in number of those who have proven their claims shall file a writ-
ten request to that effect; if such request is signed by a majority of such
creditors, which number represents a majority in amount of such claims,
and contains a request for such meeting to be held at a designated place,
the court shall call such meeting at such place within thirty days after
the date of the filing of the request.
f. Whenever the affairs of the estate are ready to be closed a final
meeting of creditors shall be ordered.
SEC. 56. VOTERS AT MEETINGS OF CREDITORS. — a. Creditors shall
pass upon matters submitted to them at their meetings by a majority
vote in number and amount of claims of all creditors whose claims
have been allowed and are present, except as herein otherwise provided.
b. Creditors holding claims which are secured or have priority shall
not, in respect to such claims, be entitled to vote at creditors' meetings,
nor shall such claims be counted in computing either the number of
creditors or the amount of their claims, unless the amounts of such
claims exceed the values of such securities or priorities, and then only
for such excess.
SEC. 57. PROOF AND ALLOWANCE OF CLAIMS. — a. Proof of claims
shall consist of a statement under oath, in writing, signed by a creditor
setting forth the claim, the consideration therefor, and whether any,
and if so what, securities are held therefor, and whether any, and, if
so what, payments have been made thereon, and that the sum claimed
is justly owing from the bankrupt to the creditor.
b. Whenever a claim is founded upon an instrument of writing, such
instrument, unless lost or destroyed, shall be filed with the proof of
claim. If such instrument is lost or destroyed, a statement of such
fact and of the circumstance of such loss or destruction shall be filed
under oath with the claim. After the claim is allowed" or disallowed,
such instrument may be withdrawn by permission of the court, upon
leaving a copy thereof on file with the claim.
c. Claims after being proved may, for the purpose of allowance, be
filed by the claimants in the court where the proceedings are pending
or before the referee if the case has been referred.
d. Claims which have been duly proved shall be allowed, upon 'receipt
by or upon, presentation to the court, unless objection to their allow-
ance shall be made by parties in interest, or their consideration be con-
tinued for cause by the court upon its own motion.
e. Claims of secured creditors and those who have priority may be
allowed to enable such creditors to participate in the proceedings at
creditors' meetings held prior to the determination of the value of their
securities or priorities, but shall be allowed for such sums only as to
the courts seem to be owing over and above the value of their securities
or priorities.
TEXAS CIVIL FOKM BOOK. 663
f. Objections to claims shall be heard and determined as soon as the
convenience of the court and the best interests of the estates and the
claimants will permit.
g. The claims of creditors who have received preferences shall not be
allowed unless such creditors shall surrender their preferences.
h. The value of securities held by secured creditors shall be de-
termined by converting the same into money according to the terms of
the agreement pursuant to which such securities were delivered to such
creditors or by such creditors and the trustee, by agreement, arbitra-
tion, compromise, or litigation as the court may direct, and the amount
of such value shall be credited upon such claims, and a dividend shall
be paid only on the unpaid balance.
i. Whenever a creditor, whose claims against a bankrupt estate is se-
cured by the individual undertaking of any person, fails to prove such
claim, such person may do so in the creditor's name, and if he die-
charge such undertaking in whole or in part he shall be subrogated to
that extent to the rights of the creditor.
j. Debts owing to the United States, a State, a county, a district, or
a municipality as a penalty or forfeiture shall not be allowed, except
for the amount of the pecuniary loss sustained by the act, transaction,
or proceeding out of which the penalty or forfeiture arose, with reason-
able and actual costs occasioned thereby and such interest as may have
accrued thereon according to law.
k. Claims which have been allowed may be reconsidered for cause and
reallowed or rejected in whole or in part, according to the equities of
the case, before but not after the estate has" been closed.
1. Whenever a claim shall have been reconsidered and rejected, in
whole or in part, upon which a dividend has been paid, the trustee may
recover from the creditor the amount of the dividend received upon the
claim if rejected in whole, or the proportional part thereof if rejected
only in part.
m. The claim of any estate which is being administered in bank-
ruptcy against any like estate may be proved by the trustee and allowed
by the court in the same manner and upon like terms as the claims of
other creditors.
n. Claims shall not be proved against a bankrupt estate subsequent to
one year after the adjudication; or if they are liquidated by litigation
and the final judgment therein is rendered within thirty days before or
after the expiration of such time, then within sixty days after the ren-
dition of such judgment: Provided, that the right of infants and in-
sane persons without guardians, without notice of the proceedings, may
continue six months longer.
SEC. 58. NOTICES TO CREDITORS. — a. Creditors shall have at least ten
days' notice by mail, to their respective addresses as they appear in the
list of creditors of the bankrupt or as afterwards filed with the papers
in the case by the creditors, unless thev waive notice in writing, of
(1) all examinations of the bankrupt; (2) all hearings upon application
664 TEXAS CIVIL FORM BOOK.
for the confirmation of compositions or the discharge of bankrupts;
(3) all meetings of creditors; (4) all proposed sales of property; (5) the
declaration and time of payment of dividends; (6) the filing of the
final accounts of the trustee, and the time when and place, where they
will be examined and passed upon; (7) the proposed compromise of
any controversy, and (8) the proposed dismissal of the proceedings.
b. Notice to creditors of the first meeting shall be published at least
once and may be published such number of additional times as the
court may direct; the last publication shall be at least one week prior
to the date fixed for the meeting. Other notices may be published as
the court shall direct.
c. All notices shall be given by the referee, unless otherwise ordered
by the judge.
SEC. 59. \Viio MAY FILE AND DISMISS PETITIONS. — a. Any qualified
person may file a petition to be adjudged a voluntary bankrupt.
b. Three or more creditors who have probable claims against any
person which amount in the aggregate, in excess of the value of securi-
ties held by them, if any, to five hundred dollars or over; or if all of
the creditors of such person are less than twelve in number, then one of
such creditors whose claim equals such amount may file a petition to
have him adjudged a bankrupt.
c. Petitions shall be filed in duplicate, one copy for the clerk and one
for service on the bankrupt.
d. If it be averred in the petition that the creditors of the bankrupt
are less than twelve in number, and less than three creditors have joined
as petitioners therein, and the answer avers the existence of a larger
number of creditors, there shall be filed with the answer a list under
oath of all the creditors, with their addresses, and thereupon the court
shall cause all such creditors to be notified of the pendency of such pe-
tition and shall delay the hearing upon such petition for a reasonable
time, to the end that parties in interest shall have an opportunity to be
heard; if upon such hearing it shall appear that a sufficient number
have joined in such petition, or if prior to or during such hearing a suf-
ficient number shall join therein, the case may be proceeded with, but
otherwise it shall be dismissed.
e. In computing the number of creditors of a bankrupt for the pur-
pose of determining how many creditors must join in the petition, such
creditors as were employed by him at the time of the filing of the peti-
tion or are related to him by consanguinity or affinity within the third
degree, as determined by the common law, and have not joined in the
petition, shall not be counted.
f. Creditors other than original petitioners may at any time enter
their appearance and join in the petition, or file an answer and be heard
in opposition to the prayer of the petition.
g. Voluntary or involuntary petition shall not be dismissed by the
petitioner or petitioners or for want of prosecution or by consent of
parties until after notice to the creditors.
TEXAS CIVIL FORM BOOK. 065
SEC. 60. PREFERRED CREDITORS. — a. A person shall be deemed to
have given a preference if, being insolvent, he has procured or suffered
a judgment to be entered against himself in favor of any person, or
made a transfer of any of his property, and the effect of the enforce-
ment of such judgment or transfer will be to enable any one of his
creditors to obtain a greater percentage of his debt than any other of
such creditors of the same class.
b. If a bankrupt shall have given a preference within four months
before the filing of a petition, or after the filing of the petition and be-
fore the adjudication, and the person receiving it, or to be benefited
thereby, or his agent acting therein, shall have had reasonable cause to
believe that it was intended thereby to give a preference, it shall be
voidable by the trustee, and he may recover the property or its value
from such person.
c. If a creditor has been preferred, and afterwards in good faith gives
the debtor further credit without security of any kind for property
which becomes a part of the debtor's estates, the amount of such new
credit remaining unpaid at the time of the adjudication in bankruptcy
may be set off against the amount which would otherwise be recoverable
from him.
d. If a debtor shall, directly or indirectly, in contemplation of the
filing of a petition by or against him, pay money or transfer property
to an attorney and counselor at law, solicitor in equity, or proctor in
admiralty for services to be rendered, the transaction shall be re-exam-
ined by the court on petition of the trustee or any creditor and shall
only be held valid to the extent of a reasonable amount to be deter-
mined by the court, and the excess may be recovered by the trustee for
the benefit of the estate.
CHAPTER VII.
ESTATES.
SEC. 61. DEPOSITORIES FOR MONEY. — a. Courts of bankruptcy shall
designate, by order, banking institutions as depositories for the money
of bankrupt estates, as convenient as may be to the residences of trus-
tees, and shall require bonds to the United States, subject to their ap-
proval, to be given by such banking institutions, and may from time
to time as occasion' may require, by like order increase the number of
depositories or the amount of any bond or change such depositories.
SEC. 62. EXPENSES OF ADMINISTERING ESTATES. — a. The actual and
necessary expenses incurred by officers in the administration of estates
shall, except where other provisions are made for their payment, be re-
ported in detail, under oath, and examined and approved or disap-
proved by the court. If approved, they shall be paid or allowed out of
the estates in which they were incurred.
SEC. 63. DEBTS WHICH MAY BE PROVED. — a. Debts of the bankrupt
may be proved and allowed against his estate which are (1) a fixed
666 TEXAS CIVIL FORM BOOK.
liability, as evidenced by a judgment or an instrument in writing abso-
lutely owing at the time of the filing of the petition against him, whether
then payable or not, with any interest thereon which would have been
recoverable at that date or with a rebate of interest upon such as were
not then payable and did not bear interest; (2) due as costs taxable
against an involuntary bankrupt who was at the time of the filing of
the petition against him plaintiff in a cause of action which would pass
to the trustee and which the trustee declines to prosecute after notice;
(3) founded upon a claim for taxable costs incurred in good faith by a
creditor before the filing of the petition in an action to recover a prov-
able debt; (4) founded upon an open account, or upon a contract ex-
press or implied; and (5) founded upon provable debts reduced to judg-
ments after the filing of the petition and before the consideration of the
bankrupt's application for a discharge, less costs incurred and interests
accrued after the filing of the petition and up to the time of the entry
of such judgments.
b. Unliquidated claims against the bankrupt may, pursuant to appli-
cation to the court, be liquidated in such manner as it shall direct, and
may thereafter be proved and allowed against his estate.
SEC. 64. DEBTS WHICH HAVE PRIORITY. — a. The court shall order
the trustee to pay all taxes legally due and owing by the bankrupt to
the United States, State, county, district, or municipality in advance of
the payment of dividends to creditors, and upon filing the receipts of
the proper public officers for such payment he shall be credited with the
amount thereof, and in case any question arises as to the amount or
legality of any such tax the same shall be heard and determined by the
court.
b. The debts to have priority, except as herein provided, and to be
paid in full out of bankrupt estates, and the order of payment shall be
(1) the actual and necessary cost of preserving the estate subsequent
to filing the petition; (2) the filing fees paid by creditors in involun-
tary cases; (3) the cost of administration, including fees and mileage
payable to witnesses as now or hereafter provided by the laws of the
United States, and one reasonable attorney's fee, for the professional
services actually rendered, irrespective of the number of attorneys em-
ployed, to the petitioning creditors in involuntary cases, to the bank-
rupt in involuntary cases while performing the .duties herein pre-
scribed, and to the bankrupt in voluntary cases, as the court may allow ;
(4) wages due to workmen, clerks, or servants which have been earned
within three months before the date of the commencement of proceed-
ings, not to exceed three hundred dollars to each claimant; and
(5) debts owing to any person who by the laws of the States or the
United States is entitled to priority.
c. In the event of the confirmation of a composition being set aside,
or a discharge revoked, the property acquired by the bankrupt in addi-
tion to his estate at the time the composition was confirmed or the ad-
judication was made shall be applied to the payment in full of the
TEXAS CIVIL FORM BOOK. 66?
claims of creditors for property sold to him on credit, in good faith,
while such composition or discharge was in force, and the residue, if
any, shall be applied to the payment of the debts which were owing at
the time of ihe adjudication.
SEC. 65. DECLARATION AND PAYMENT OF DIVIDENDS. — a. Dividends
of an equal per centum shall be declared and paid on all allowed claims,
except such as have priority or are secured.
b. The first dividend shall be declared within thirty days after the
adjudication, if the money of the estate in excess of the amount neces-
sary to pay debts which have priority and such claims as have not been,
but probably will be, allowed equals five per centum or more of such
allowed claims. Dividends subsequent to the first shall be declared upon
like terms as the first and as often as the amount shall equal ten per
centum or more and upon closing the estate. Dividends may be de-
clared oftener and in smaller proportions if the judge shall so order.
c. The rights of creditors who have received dividends, or in whose
favor final dividends have been declared shall not be affected by the
proof and allowance of claims subsequent to the date of such payment
or declarations of dividends; but the creditors proving and securing the
allowance of such claims shall be paid dividends equal in amount to
those already received by the other creditors if the estate equal so much
before such other creditors are paid any further dividends.
d. Whenever a person shall have been adjudged a bankrupt by a
court without the United States and also by a court of bankruptcy, cred-
itors residing within the United States shall first be paid a dividend
equal to that received in the court without the United States by other
creditors before creditors who have received a dividend in such court?
shall be paid any amounts.
e. A claimant shall not be entitled to collect from a bankrupt estate
any greater amount than shall accrue pursuant to the provisions of this
act.
SEC. 66. UNCLAIMED DIVIDENDS. — a. Dividends which remain un-
claimed for six months after the final dividend has been declared shall
be paid by the trustee into court.
b. Dividends remaining unclaimed for one year shall, under the di-
rection of the court, be distributed to the creditors whose claims have
been allowed but not paid in full, and after such claims have been paid
in full the balance shall be paid to the bankrupt: Provided, that in
case unclaimed dividends belong to minors such minors may have one
year after arriving at majority to claim such dividends.
SEC. 67. LIENS. — a. (Maims which for want of record or for other
reasons would not have been valid liens as against the claims of the
creditors of the bankrupt shall not be liens against his estate.
b. Whenever a creditor is prevented from enforcing his rights as
against a lien created, -or attempted to be created, by his debtor, who
afterwards becomes a bankrupt, the trustee of the estate of such bank-
rupt shall be subrogated to and may enforce such rights of such cred-
itor for the benefit of the estate.
668 TEXAS CIVIL FORM BOOK.
c. A lien created by or obtained in or pursuant to any suit or pro-
ceeding at law or in equity, including an attachment upon mesne process
or a judgment by confession, which was begun against a person within
four months before the filing of a petition in bankruptcy by or against
such person shall be dissolved by the adjudication of such person to be
a bankrupt if (1) it appears that said lien was obtained and permitted
while the defendant was insolvent and that its existence and enforce-
ment will work a preference, or (2) the party or parties to be bene-
fited thereby had reasonable cause to believe the defendant was insol-
vent and in contemplation of bankruptcy, or (3) that such lien was
sought and permitted in fraud of the provisions of this act; or if the
dissolution of such lien would militate against the best interests of the
estate of such person the same shall not be dissolved, but the trustee of
the estate of such person, for the benefit of the estate, shall be subro-
gated to the rights of the holder of such lien and empowered to perfect
and enforce the same in his name as trustee with like force and effect
as such holder might have done had not bankruptcy proceedings in-
tervened.
d. Liens given or accepted in good faith and not in contemplation
of or in fraud upon this act, and for a present consideration, which have
been recorded according to law, if record thereof was necessary in order
to impart notice, shall not be affected by this act.
e. That all conveyances, transfers, assignments, or incumbrances of
his property, or any part thereof, made or given by a person adjudged
a bankrupt under the provisions of this act subsequent to the passage
of this act and within four months prior to the filing of the petition,
with the intent and purpose on his part to hinder, delay, or defraud his
creditors, or any of them, shall be null and void as against the creditors
of such debtor, except as to purchasers in good faith and for a present
fair consideration; and all property of the debtor conveyed, transferred,
assigned, or incumbered as aforesaid shall, if he be adjudged a bank-
rupt, and the same is not exempt from execution and liability for debts
by the law of his domicile, be and remain a part of the assets and estate
of the bankrupt and shall pass to his said trustee, whose duty it shall be
to recover and reclaim the same by legal proceedings or otherwise for
the benefit of the creditors. And all conveyances, transfers, or incum-
brances of his property made by a debtor at any time within four months
prior to the filing of the petition against him, and while insolvent, which
are held null and void as against the creditors of such debtor by the
laws of the State, Territory, or district in which such property is sit-
uate, shall be deemed null and void under this act against the creditors
of such debtor if he be adjudged a bankrupt, and such property shall
pass to the assignee and be by him reclaimed and recovered for the ben-
efit of the creditors of the bankrupt.
f. That all levies, judgments, attachments, or other liens, obtained
through legal proceedings against a person who is insolvent, at any time
TEXAS CIVIL FORM BOOK. 669
within four months prior to the filing of a petition in bankruptcy
against him, shall be deemed null and void in case he is adjudged a
bankrupt, and the property affected by the levy, judgment, attachment,
or other lien shall be deemed wholly discharged and released from the
same, and shall pass to the trustee as a part of the estate of the bank-
rupt, unless the court shall, on due notice, order that the right under
such levy, judgment, attachment, or other lien shall be preserved for
the benefit of the estate; and thereupon the same may pass to and shall
be preserved by the trustee for the benefit of the estate as aforesaid.
And the court may order such conveyance as shall be necessary to carry
the purposes of this section into effect: Provided, that nothing herein
contained shall have the effect to destroy or impair the title herein ob-
tained by such levy, judgment, attachment, or other lien, of a bona
fide purchaser for value who shall have acquired the same without notice
or reasonable cause for inquiry.
SEC. 68. SET-OFFS AND COUNTERCLAIMS. — a. In all cases of mutual
debts or mutual credits between the estate of a bankrupt and a creditor
the account shall be stated and one debt shall be set off against the
other, and the balance only shall be allowed or paid.
b. A set-off or counterclaim shall not be allowed in favor of any
debtor of the bankrupt which (1) is not provable against the estate;
or (2) was purchased by or transferred to him after the filing of the
petition, or within four months before such filing, with a view to such
use and with knowledge or notice that such bankrupt was insolvent, or
had committed an act of bankruptcy.
SEC. 69. POSSESSION OF PROPERTY. — a. A judge may, upon satis-
factory proof, by affidavit, that a bankrupt against whom an involun-
tary petition has been filed and is pending has committed an act of
bankruptcy, or has neglected or is neglecting, or is about to so neglect
his property that it has thereby deteriorated or is thereby deteriorating
or is about thereby to deteriorate in value, issue a warrant to the mar-
shal to seize and hold it subject to further orders. Before such warrant
is issued the petitioners applying therefor shall enter into a bond in
such an amount as the judge shall fix, with such sureties as he shall
approve, conditioned to indemnify such bankrupt for such damages as
he shall sustain in the event such seizure shall prove to have been
wrongfully obtained. Such property shall be released, if such bankrupt
shall give bond in a sum which shall be fixed by the judge, with such
sureties as he shall approve, conditioned to turn over such property,
or pay the value thereof in money to the trustee, in the event he is
adjudged a bankrupt pursuant to such petition.
SEC. 70. TITLE TO PROPERTY. — a. The trustee of the estate of a
bankrupt, upon his appointment and qualification, and his successor or
successors, if he shall have one or more, upon his or their appointment
and qualification, shall in turn be vested by operation of law with the
title of the bankrupt, as of the date he was adjudged a bankrupt, except
670 TEXAS CIVIL FORM BOOK.
in so far as it is to property which is exempt, to all (1) documents re-
lating to his property; (2) interests in patents, patent rights, copyrights,
and trade marks; (3) powers which he might have exercised for his
own benefit, but not those which he might have exercised for some other
person; (4) property transferred by him in fraud of his creditors;
(5) property which prior to the filing of the petition he could by Uny
means have transferred or which might have been levied upon and sold
under judicial process against him: Provided, that when any bank-
rupt shall have any insurance policy which has a cash surrender value
payable to himself, his estate, or personal representatives, he may,
within thirty days after the cash surrender value has been ascertained
and stated to the trustee by the company issuing the same, pay or secure
to the trustee the sum so ascertained and stated, and continue to hold,
own, and carry such policy free from the claims of the creditors par-
ticipating in the distribution of his estate under the bankruptcy pro-
ceedings, otherwise the policy shall pass to the trustee as assets; and
(6) rights of action arising upon contracts or from the unlawful tak-
ing or detention of, or injury to, his property.
b. All real and personal property belonging to bankrupt estates shall
be appraised by three disinterested appraisers; they shall be appointed
by, and report to, the court. Rea.l and personal property shall, when
practicable, be sold subject to the approval of the court; it shall not be
sold otherwise than subject to the approval of the court for less than
seventy-five per centum of its appraised value.
c. The title to property of a bankrupt estate which has been sold, as
herein provided, shall be conveyed to the purchaser by the trustee.
d. Whenever a composition shall be set aside, or discharge revoked,
the trustee shall, upon his appointment and qualification, be vested as
herein provided with the title to all of the property of the bankrupt as
of the date of the final decree setting aside the composition of revoking
the discharge.
e. The trustee may avoid any transfer by the bankrupt of his prop-
erty which any creditor of such bankrupt might have avoided, and may
recover the property so transferred, or its value, from the person to
whom it was transferred, unless he was a bona fide holder for value
pior to the date of the adjudication. Such property may be recovered
or its value collected from whoever may have received it, except a bona
fide holder for value.
f. Upon the confirmation of a composition offered by a bankrupt, the
title to his property shall thereupon revest in him.
THE TIME WHENT THIS ACT SHALL GO INTO EFFECT.
a. This act shall go into full force and effect upon its passage: Pro-
vided, however, that no petition for voluntary bankruptcy shall be filed
within one month of the passage thereof, and no petition for involuntary
bankruptcy shall be filed within four months of the passage thereof.
TEXAS CIVIL FORM BOOK. 671
b. Proceedings commenced under the State insolvency laws before
the passage of this act shall not be affected by it.
Approved July 1, 1898.
[PUBLIC — Xo. 62.]
An Act to amend an Act entitled " An Act to establish a uniform system of
bankruptcy throughout the United States," approved July first, eighteen hun-
dred and ninety-eight.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress Assembled, That clause five of
section two of said act be, and the same is hereby, amended so as to
read as follows:
" (5) Authorize the business Of bankrupts to be conducted for lim-
ited periods by receivers, the marshals, or trustees, if necessary in the
best interests of the estates, and allow such officers additional compen-
sation for such services, but not at a greater rate than in this act al-
lowed trustees for similar services."
SEC. 2. That clause four, subdivision a, of section three of said act,
be, and the same is hereby, amended so as to read as follows:
" or (4) made a general assignment for the benefit of his creditors,
or, being insolvent, applied for a receiver or trustee for his property,
or because of insolvency a receiver or trustee has been put in charge
of his property under the laws of a State, of a Territory, or of the
United States."
SEC. 3. That subdivision b of section four of said act be, and the
same is hereby, amended so as to read as follows:
"b. Any natural person, except a wage-earner, or a person engaged
chiefly in farming or the tillage of the soil, any unincorporated com-
pany, and any corporation engaged principally in manufacturing, trad-
ing, printing, publishing, mining, or mercantile pursuit?, owing debts
to the amount of one thousand dollars or over, may be adjudged an
involuntary bankrupt upon default of an impartial trial, and shall be
subject to the provisions and entitled to the benefits of this act. Private
bankers, but not national banks or banks incorporated under State or
Territorial laws, may be adjudged involuntary bankrupts.
" The bankruptcy of a corporation shall not release its officers, direct-
ors, or stockholders, as such, from anv liability under the laws of a
State or Territory or of the United States."
SEC. 4. That subdivision b of section fourteen of said act be, and
the same is hereby, amended so as to read as fallows:
"b. The judge shall hear the application for a discharge, and such
proofs and pleas as may be made in opposition thereto by parties in
interest, at such time as will give parties in interest a reasonable oppor-
tunity to be fully heard, and investigate the merits of the application
and discharge the applicant unless he has (1) committed an offense
punishable by imprisonment as herein provided: or (2) with intent to
672 TEXAS CIVIL FORM BOOK.
conceal his financial condition, destroyed, concealed, or failed to keep
books of account or records from which such condition might be ascer-
tained; or (3) obtained property on credit from any person upon a
materially fa.lse statement in writing made to such person for the pur-
pose of obtaining such property on credit; or (4) at any time subse-
quent to the first day of tne four months immediately preceding the
filing of the petition transferred, removed, destroyed, or concealed, or
permitted to be removed, destroyed, or concealed any of his property
with intent to hinder, delay, or defraud his creditors; or (5) in volun-
tary proceedings been granted a discharge in bankruptcy within six
years; or (6) in the course of the proceedings in bankruptcy refused
to obey any lawful order of or to answer any material question ap-
proved by the court."
SEC. 5. That section seventeen of said act be, and the same is hereby,
amended so as to read as follows:
"SEC. 17. DEBTS NOT AFFECTED BY A DISCHARGE. — a. A discharge
in bankruptcy shall release a bankrupt from all of his provable debts,
except such as (1) are due as a tax -levied by the United States, the
State, county, district, or municipality in which he resides; (2) are
liabilities for obtaining property by false pretenses or false representa-
tions, or for willful and malicious injuries to the person or property
of another, or for alimony due or to become due, or for maintenance
or support of wife or child, or for seduction of an unmarried female,
or for criminal conversation; (3) have not been duly scheduled in time
for proof and allowance, with the name of the creditor if known to the
bankrupt, unless such creditor had notice or actual knowledge of the
proceedings in bankruptcy; or (4) were created by his fraud, embezzle-
ment, misappropriation, or defalcation while acting as an officer in
any fiduciary capacity."
SEO. 6. That subdivisions a and b of section eighteen of said act be,
and the same are hereby, amended so as to read as follows:
" a. Upon the filing of a petition for involuntary bankruptcy, service
thereof, with a writ of subpoena, shall be made upon the person
therein named as defendant in the same manner that service of such
process is now had upon the commencement of a suit in equity in the
courts of the United States, except that it shall be returnable within
fifteen days, unless the judge shall for cause fix a longer time; but in
case personal service cannot be made, then notice shall be given by
publication in the same manner and for the same time as provided by
law for notice by publication in suits to enforce a legal or equitable
lien in courts of the United States, except that, unless the judge shall
otherwise direct, the order shall be published not more than once a
week for two consecutive weeks, and the return day shall be ten days
after the last publication unless the judge shall for cause fix a longer
time."
"b. The bankrupt, or any creditor, may appear and plead to the
TEXAS CIVIL FOKM BOOK. G73
petition within five days after the return day, or within such further
time as the court may allow."
SEC. 7. That subdivision a of section twenty-one of said act be,
and the same is hereby, amended so as to read as follows:
"a. A court of bankruptcy may, upon application of any officer,
bankrupt, or creditor, by order require any designated person, includ-
ing the bankrupt and his wife, to appear in court or before a referee or
the judge of any State court, to be examined concerning the acts, con-
duct, or property of a bankrupt whose estate is in process of adminis-
tration under this act: Provided, that the wife may be examined only
touching business transacted by her or to which she is a party, and to
determine the fact whether she has transacted or been a party to any
business of the bankrupt."
SEC. 8. That subdivision b of section twenty-three of said act be,
and the same is hereby, amended so as to read as follows :
"b. Suits by the trustee shall only be brought or prosecuted in the
courts where the bankrupt, whose estate is being administered by such
trustee, might have brought or prosecuted them if proceedings in
bankruptcy had not been instituted, unless by consent of the proposed
defendant, except suits for the recovery of property under section sixty,
subdivision b, and section sixty-seven, subdivision e."
SEC. 9. That subdivision a of section forty of said act be, and the
same is hereby, amended so as to read as follows :
"a. Eeferees shall receive as full compensation for their services,
payable after they are rendered, a fee of fifteen dollars deposited with
the clerk at the time the petition is filed in each case, except when a
fee is not required from a voluntary bankrupt, and twenty-five cents
for every proof of claim filed for allowance, to be paid from the estate,
if any, as a part of the cost of administration, and from estates which
have been administered before them one per centum commissions on
all moneys disbursed to creditors by the trustee, or one-half of one
per centum on the amount to be paid to creditors upon the confirmation
of a composition."
SEC. 10. That section forty-seven is hereby amended by adding
thereto the following subdivision:
" c. The trustee shall, within thirty days after the adjudication, file
a certified copy of the decree of adjudication in the office where con-
veyances of real estate are recorded in every county where the bank-
rupt owns real estate not exempt from execution, and pay the fee for
such filing, and he shall receive a compensation of fifty cents for each
copy so filed, which, together with the filing fee, shall be paid out of
the estate of the bankrupt as a part of the cost and disbursements of
the proceedings."
SEC. 11. That subdivision a of section forty-eight of said act bo, and
the same is hereby, amended so as to road as follows:
"a. Trustees shall receive for their services, payable after the\ are
rendered, a. fee of five dollars deposited with the clerk at the time the
Form Book — 43.
674 TEXAS CIVIL FORM BOOK.
petition is filed in each case, except when a fee is not required from a
voluntary bankrupt, and from estates which they have administered
such commissions on all moneys disbursed by them as may be allowed
by the courts, not to exceed six per centum on the first five hundred
dollars or less, four per centum on moneys in excess of five hundred dol-
lars and less than fifteen hundred dollars, two per centum on moneys
in excess of fifteen hundred dollars and less than ten thousand dollars,
and one per centum on moneys in excess of ten thousand dollars. And
in case of the confirmation of a composition after the trustee has quali-
fied the court may allow him, as compensation, not to exceed one-half
of one per centum of the amount to be paid the creditors on such com-
position."
SEC. 12. That subdivision g of section fifty-seven of said act be, and
the same is hereby, amended so as to read as follows:
"g. The claims of creditors who have received preferences, voidable
under section sixty, subdivision b, or to whom conveyances, transfers,
assignments or incumbrances, voifl o* Voidable under section sixty-seven,
subdivision e, have been made or given, shall not be allowed unless such
creditors shall surrender such preferences, conveyances, transfers, as-
signments, or incumbrances."
SEC. 13. That subdivisions a and b of section sixty of said act be,
and the same are hereby, amended so as to read as follows:
" a. A person shall be deemed to have given a preference if, being
insolvent, he has, within four months before the filing of the petition,
or after the filing of the petition and before the adjudication, procured
or suffered a judgment to be entered against himself in favor of any
person, or made a transfer of any of his property, and the effect of the
enforcement of such judgment or transfer will be to enable any one of
his creditors to obtain a greater percentage of his debt than any other
of such creditors of the same class. Where the preference consists in
a transfer, such period of four months shall not expire until four
months after the date of the recording or registering of the transfer,
if by law such recording or registering is required."
" b. If a bankrupt shall have given a preference, and the person
receiving it, or to be benefited thereby, or his agent acting therein, shall
have had reasonable cause to believe that it was intended thereby to
give a preference, it shall be voidable by the trustee, and he may re-
cover the property or its value from such person. And, for the purpose
of such recovery, any court of bankruptcy, as hereinbefore defined, and
any State court which would have had jurisdiction if bankruptcy had
not intervened, shall have concurrent jurisdiction."
SEC. 14. That clause two of subdivision b of section sixty-four of
said act be, and the same is hereby, amended so as to read as follows :
" ( 2 ) The filing fees paid by creditors in involuntary cases, and, where
property of the bankrupt, transferred or concealed by him either before
or after the filing of the petition, shall have been recovered for the
benefit of the estate of the bankrupt by the efforts and at the expense
of one or more creditors, the reasonable expenses of such property."
TEXAS CIVIL FORM BOOK. 675
SEC. 15. That subdivision b of section sixty-five be, and the same is
hereby, amended so as to read as follows:
" The first dividend shall be declared within thirty days after the
adjudication, if the money of the estate in excess of the amount neces-
sary to pay the debts which have priority and such claims as have not
been, but probably will be, allowed equals five per centum or more of
such allowed claims. Dividends subsequent to the first shall IK> de-
clared upon like terms as the first and as often as the amount shall
equal ten per centum or more and upon closing the estate. Dividends
may be declared oftener and in smaller proportions if the judge shall
so order: Provided, that the first dividend shall not include more than
fifty per centum of the money of the estate in excess of the amount
necessary to pay the debts which have priority and such claims as prob-
ably will be allowed: And provided further, that the final dividend
shall not be declared within three months after the first dividend shall
be declared."
SEC. 16. That -subdivision e of section sixty-seven and subdivision e
of section seventy of said act be, and the same are hereby, amended by
adding at the end of each such subdivision the words:
" For the purpose of such recovery any court of bankruptcy as here-
inbefore defined, and any State court which would have had jurisdiction
if bankruptcy had not intervened, shall have concurrent jurisdiction."
SEC. IT. That said act is also amended by adding thereto a new
section, section seventy-one, to read as follows:
" SEC. 71. That the clerks of the several district courts of the
United States shall prepare and keep in their respective offices com-
plete and convenient indexes of all petitions and discharges in bank-
ruptcy heretofore or hereafter filed in the said courts, and shall, when
requested so to do, issue certificates of search certifying as to whether
or not any such petitions or discharges have been filed; and said clerks
shall be entitled to receive for such certificates the same fees as now
allowed by law for certificates as to judgments in said courts: Pro-
vided, that said bankruptcy indexes and dockets shall at all times be
open to inspection and examination by all persons or corporations with-
out any fee or charge therefor."
SEC. 18. That said act is also amended by adding thereto a new
section, as follows:
" SEC. 72. That neither the referee nor the trustee shall in any form
or guise receive, nor shall the court allow them, any other or further
compensation for their services than that expressly authorized and pre-
scribed in this act."
SEC. 19. That the provisions of this amendatory act shall not ap-
ply to bankruptcy cases pending when this act takes effect, but such
cases shall be adjudicated and disposed of conformably to the provisions
of the said act of July first, eighteen hundred and ninety-eight.
Approved February 5, 1903.
TEXAS CIVIL FORM BOOK.
FORMS IN BANKRUPTCY.
(N. B. — Oaths required by the act, except upon hearings in court,
may be administered by referees and by officers authorized to admin-
ister oaths in proceedings before the courts of the United States, or
under the laws of the State where the same are to be taken. Bankrupt
Act of 1898, chap. 4, sec. 20.)
No. 751 1-2.
DEBTOR'S PETITION.
(Form No. 1.)
To the Honorable , Judge of the District Court of the
United States for the District of
The petition of of , in the county of ,
and district and State of ,* respectfully represents:
That he has 2 for the greater portion of six months next
immediately preceding the filing of this petition at , within
said judicial district; that he owes debts which he is unable to pay
in full; that he is willing to surrender all his property for the benefit
of his creditors except such as is exempt by law, and desires to obtain
the benefit of the acts of Congress relating to bankruptcy.
That the schedule hereto annexed, marked A, and verified by your
petitioner's oath, contains a full and true statement of all his debts,
and (so far as it is possible to ascertain) the names and places of resi-
dence of his creditors, and such further statements concerning said
debts as are required by the provisions of said acts.
That the schedule hereto annexed, marked B, and verified by your
petitioner's oath, contains an accurate inventory of all his property,
both real and personal, and such further statements concerning said
property as are required by the provisions of said acts.
Wherefore your petitioner prays that he may be adjudged by the
court to be a bankrupt within the purview of said acts.
, Attorney.
United States of America, , District of , ss. :
I, , the petitioning debtor mentioned and described in
the foregoing petition, do hereby make solemn oath that the statements
contained therein are true according to the best of my knowledge, in-
formation, and belief.
, Petitioner.
Subscribed and sworn to before me, this . . . day of , A. D. 19. .
1 State occupation.
2 Had his principal place of business or has resided, or has had his domicile.
TEXAS CIVIL FORM BOOK.
677
pq g
o ^T
r^ =
nd
'S
c -*-
w c
«o
S
o 5
X
02
^
S
i
.
s
*T^
**
*^«
P
o e c
^ o ••
- - —
c u c
5 ^
"*
'•3 fe i
•»
S-S <
> ajj
•8 » J
oo ^ £
:
a f t
9 W
ST-I a
? s
t
S S
1
C
c - S
3 O
~~
08 -t» °
**
0} "^ "C
3 V
t~ OJ g
? * S
' 0> "*
3~S.fi
/ — :-
g*
V
43
Ik
•g
a>
C
08
08
OJ
c
E
jfl
p»
4i
**• o3
<U
-^-, ^
2
9> "^
C C"
3^
•§ o
£ "S
"S °°
d) f!4
08
tf c
3
O
£
O
•tS
£
*^
<D
Ss
o
t>
^ *
t-
c fe
£ S
1
»3~
>
2
1
J3
_u
B
'3
O
]»>
a
s- — •
3 _tt
•si
08 &
SB
"S
S 0
Oj
)
-
a
(2) Taxes due and owing
to the State of . . . .or
>
r
O
>
-
-
or municipality thereof.
(3) Wages due workmen,
clerks, or servants, to
any amount not ex-
ceeding $300 each,
earned within three
months before filing
the petition
u
c
j
1
J
C
31
9
1
-.
--.
|
678
TEXAS CIVIL FORM BOOK.
g.s
^ -tJ
CD O
r^2 O CT
-"-2 ^
CD O R
(> C3 »
« CD CD
P .£ PH
Q
Q
W
W
o
a:
fil
3 faO =«
$ fl -fe
•H '5 g
o E-i O
S.I
g n
.^ CD
&JD
fl
I*
•5
c c"00
J2 ^ Ji
*u o
'55 C- "^
erf cs §
3 «
o£
>— ?
TEXAS CIVIL FORM HOOK
679
•V • «t-l
•4i
C
Q
-fcj
*J U
C
^2 Ji
0 ~
C
§
' ^
n-> SJ
1
.t;
j§ -«
<J **
p
^E
i3 o
V.
.
O
u i^*j -C
i C^ej :£
C
C!
Cr *-
§o ^
K
^^ ^
O >-
^ 'S h o
C
a •=
^ C O x
Tl *-• flJ ci—
T:
n I1
CD
* -r"*^ "^
5
'g
T3 «
-i-T &c a. S
0
r^
O IK
^^ ^ £*.
i f *j!
so •
"5 0 4J
a
— **" 2 a-
<u 3c
0 "S u
c
r£
£ V-i
C ^3 O J3
O ,Q u ^3
p
'-3 t. O
o .
2 "O^_c i^
f-
" g ^
"B O tu §
a
i^i
§ =*
"8 •"•£•
r
« ^
8 c -^ •-
£
'53 -°
c.
•» £ rt
— c
a
Q>~3 "S "
a
! ^ •?
t.
, CO W
j QJ
§ ''•
55 § c 8 S
5 s
J B ~
o *^
•( o c
•a -a
an c
5 4) -^
C
-<->
5 o 3
|||
£ ^
i i
cs .t
§ >•
H B
Creditors whose claii
TIQTTIO Qii/1 rooirlonr>o ( n
3 CO T3
^ O
_r -M
' r, <*
; O> -M
3 -g M
i -4-> a)
3 cc J
Ui
11 s
3 £ S
j ^j rS
3 o no
3«S 2
0 °
Residence
(if unknown,
reditors, that fact must
be stated)
SCHEDULE "A." (3)
i"\r R wvion tko
i -= X
5 -*-" 'o
^ CS
3 pj
J ^ O
5 o -«
P ""T1
5 * ^ g^
-1 d J3 £
Reference
to ledger or Names of c
voucher
G80
TKXAS CIVIL FORM BOOK.
TEXAS CIVIL FORM BOOK.
681
'S tf *H •— •
o 5 ° ^
ee ^ a) «u
- 2 E &
e
"c
: : . : ;
j
£65^
2 -> R
15 fe c? .w
Sfe rG C
5 •** S
o
1 -
_o
1
«f -S c 1
•o o o"
<U ^ C
6 s 1 §
w .
IIS
£JH-* £
_O -M OB
•g 08 C
§i «
0 C
•3
-S ^3 c -+e
S 8 g
5
.. . QJ QJ _ ,
*«» 1
(2
^ -S ^ .2
O fJ-i jg -*J
>>.s $
OQ -w on 03
« Ci £ «
"S o-C
c r3 rS S
.5 ° tS _,
fe *•• ^ fa
"" «- o 6
b s r s
H3 ^ C -^
2 c >-^
J= -S c -r
ffi S "" <y
ts s • "
^ 2 -e
rrl « ^S fa
fe a^-
T3 ,. -*-1 ca
c c: «« A
ei On-,
^ S'S'?
«a -^ to S
0> QJ "
c ••* c *
« ^2 g M
uT3
3^ S .
11
si S S
> c3
^^^ g
£ S
_ri o> «t-i i-o
^^^ '3
^^ S
«*H •
PH w
OT ° r^.2
S3 w bO^j
* 11^
S S c S
ii-s
t. O •**
«j OS
"2 ^"S
lll^
S3 ^ S « ns"
-•g £
£a
» S
1 ^^^3
s- Ss^-g
£ e §
03 £ w
fc-S *
Accommodation
if the notes or bills,
to be set forth und
ercof, it is to be stf
e debtor should be
Residence
(if unknown,
that fact must
be stated)
^ <-> ' ^3 X
W5 W O -^ •*->
^ 0> ^ L, Q
•s * « -2
. ^ ^r e c
< 5811
c_i o -5 C
J-" .y
1 3 b
W 0 (H
J '• SB » *
1 3111
2 LJ § g -w
Reference
ledger or Names of
oucher holders
£ « « «
CO cc eo J3
t- o "
682 TEXAS CIVIL FORM BOOK.
OATH TO SCHEDULE " A."
United States of America, District of , ss. :
On this .... day of , A. D. 19. ., before me personally came
, the person mentioned in and who subscribed to the
foregoing schedule, and who. being by me first duly sworn, did declare
the said schedule to be a statement of all his debts, in accordance with
the acts of Congress relating to bankruptcy.
Subscribed and sworn to before me, this . . . day of ....... A. D. 19. .
TEXAS CIVIL FORM BOOK.
688
— V
as g
fi-a —
« > *»
M
83
.
EH
E
o
p
33
H
3
"3 o
M
11
5
>- O>
a! r1
QQ
5.5
0
o
V
PRO PERT-
GC
HEDULE " B." — STATEMENT OF ALL
Estate.
L
Incumbrances thereon, if any, and
dates thereof
o
m 1
W
l-H
pq
a
W
Location and description of all rea
estate owned by debtor, or held
by him
684
TEXAS CIVIL FORM BOOK.
H
-5
P
C
m
W
o
Amount
d
Personal property
1
0
1
03
I
:«::::§:
£::::£:
a: : : : 8. :
S J§
-w • • • -«
i is situated, viz. .
fl : :
° : : i-o"3 :
£ • • • »5 •
» : :.2 g :
O • . • ^ 03 .
. o
. 03
. «
•• o>
• JS
• is
•s . .
00
0 • .
o3 • •
08 ' ' ' «._ T3
CJ ' ' ' H S •
. 0,
he
•* : :
tes, or securities of any description (
of
household stores, wearing apparel ai
K!
"u
1
E
2
00
C
'S
S3 N
jj
11
jT t.
- S
- .™
t"
^; tc
b
-c
1
00
^
"" 00
"e *"
o T3
la
b£ M
.H c
S 'S.
if
a"
0>
c
-o
oj
g
JO ,<j
"o -r
0 >
OG
C *-
aj
•• 00
11
* §
II
<C >,
., a
II
11
S ee
31
o
5
03
"o,
1
'S
_O
."2*
'C
o
tJ
o
jz;
"o
03
1
"3
c
<D
o,
o
•§
f
a
b — Rills of exchange, promissory no
c. — Stock in trade in business
d. — Household goods and furniture,
H
1
-
~
"=.
3
DC
E.
00
c
s:
o
TEXAS CIVIL FORM BOOK.
G85
«
^
3
"
•^ ...........
. . . . c
••••_§ ::::::
: : : : e
: . . : *
::::&::::::::::::::
. • • • c
. . . . T3
• • • • C
a
o
•00
'3
S
.s
1
! I M|! M i ; I !|| i ; ; 1 1
: : : :g :::::: :£ ::::::
I M $ M ! M Mi MJ M !
• • • • -i in ••'«•••
• • • • C aj . ._Z . . .
CO
.... o .!:••*•••
. *~^ D -^3
. . . . *» ^s • • x • • •
. . . . a .ts • • s • • •
. . . . u > • • 0 • • •
. . . .4) * • • •£ •
§ : : :-S :::::::£: :| : : :
S • ' • on" ' ' ' ' ' on '
g---« :«!::=.::
. : : S . ..^D...
: i i i 1 j j i i 1 M! Ml M 1
S3 : : :-g • : : S ; : | : :'S
:| : : : 1 : : : I : : : 1 : : 1 : : :
SCHEDULE "B
£ : : : 8 : : : 2 : : :^ :
a; •••"*••••—• O
a ••• = •::=:::•§::,:
-, . . . * ... D ... i. • • '33 ...
f I! HH i $ M !J Ma M i
<« • • ^ • • « •
686
TEXAS CIVIL FORM BOOK.
2 (=
,c c
o a
VH a
-*-> r~
2 P
£ t
-^ 4
.3 =
^ f
j>
-S **•
& J
s-c a
£ n:
& =
i- —
PH +
«(.
to c
• £3 ^
^ s
•\ "O
;3^
> « §
i« 2
1 C) PH
P2 ^
> 3 ^
H 0
> ^3 g
^ M 0
r^^
5^
> a
2 r^ 2
> a ^3
5 2 cs
, « g
' "S
s O ^j
^ o C
5 •§ ^
50 o
^^ g
3 CD 5
Supposed
•-P'- vtee±my
$ | c.
. . . . E
Amount rrnlizrd
from Drocerds
of property con-
o . . . .
S : : : :
^ : : : :
*o3
1
Petitioner.
=: «
t
§ «
•r-t r—
IT—
«
S? 2
a ^-
-2 -
§ & ^
II
*-§ t
g o c
•** a
f-** b ^
0 O
n3 -+•
3 «H °
.So?
2 o £
2 a>
So -i-
S c^ g
.22 ?
G^ -2
|S .6
0 -U ^
g§ 8
SH ««.
d ^ c
" o p
££ "i
stl •
P DH C
^ t
^^ -
IS f
, c
^^ 7
X~^-" •-
.1 "
«? '
!T « <
\»
- o
B c P
c -^«
s - ^
B^ -
rji
!J3 *
i~ 2
3 S ^
J-2...
5^^
I ^5"
0 > 6
1 «H fl O
5 ° 82
iis'5
« S o
, s ^ -^
2 ^ ^j
>>
5 2 -S £
\* |«
: S H
? ^ §
oTj^
5 02 _(_a on
!1 a 2
j R f-i
1 0 0 C3
J ^ ^ «*H
^ ^s
^ O
5 o^ §
5 c S
5 ~ O eg
3 "S g OT
in 0 0 0
r = P--C
-M
.11 -s
3 02
s «^-i
^ll
S'S-S 'S
L « "5 «
^T- OS ^
•1 rcJ -*J
H ^ P! ro
-° * s
3^ § *
^ ? S ^T
• iT5 c8 O
' > c 2
-1 C o S
O .•"] *"1
0 -U -M
T3
u
^05
C
3
PH
«
1
i
5
g
0)
C
0
"S>
aT
£
'S
d
§ 72
41
§§•
^ J
h
j *
DC 0)
^ O)
si
11
03 ~*
>»5?|
^"^ g |
Ills-
S a.S-§
-•*-5>o3
2§U
fli QD h^Mi£«
1 fc £.£?
^^cutf
PROPERTY HERETOFORE CONVEYED FOR .
BENEFIT OF CREDITORS
What portion of debtor's property has been conveyed
by deed of assignment, or otherwise, for benefit of
creditors; date of such deed, name, and address of
party to whom conveyed; amount realized therefrom,
and disposal of same, so far as known to debtor. ...
What sum or sums have been paid to counsel, and to
whom, for services rendered or to be rendered in this
bankruptcy
TEXAS CIVIL FORM BOOK.
687
_os .2
Valuation
$ | 0.
1 . . . .— r-r-.— .-. ~~: : • • !
. , Petitioner.
56
2 •*>
«T a
£ ~~
1 *
-2 .2
5 S
0 ^
X CS
: : : : : : : : : :
15
2
.11
>~j O
1 S*
CH O
0 o
— M ^^ d
3 O
ill
i j6-
^ .2 ^
cC '> ^
"tc '5o *
^ .- a
5 Oj Qi
t M el
K -^ cp
i.
• • •^fc'0^ g3 • • •
^ J ^
|
c c
g.*3ibc •
c
c ._ a. a, .
* c C u ^J
"11
rt
ao"
B
0)
W 02
»T
•^x-~:g^.
M 43
E
'S
s •- " * c .1 : : : : : : '•
& o a>
3
y I if I j j I j j j i
QD
is
Ill ill :
c_
G88
TEXAS CIVIL FORM BOOK.
oj
03
O)
fl
co
CO
01
P
n
03
,£5
bC
"c3
|*l
C^ _°, >
P1 p 03
;i1 0 f_,
s K^
«f *H <B
m 3? fl
|| J
^ fl b
J3 .2 S
-2 'co tj
CO o
i, O) eZL
!_,' co ^"
- CO ^|
~ O o
O PH
^-- 0s
.2* S
^.3=2
§)SI
.9 eT fl
"o "®
o S
-2 ^
co "*
g S
«M
S 0
r-t ^
'co ,£3
CO o
g^
"S
S? ™
a
?H
CO
be
.s
'(H
3
0>
o
aT
o>
03
t/T
o
0
W
PQ
•^ -2 '2
|1 |
Cd (A3
OJ Q "i i
r^ Q
O r-\ £
"° -S °
"^ *K!! CQ
^ K CD
"*-< r^ CO
O en o
-g 8 P^
1 •** .s
^ o3 QJ
'c}|
'43 ^
^ ti
aT 3
°c °
a> ^
fl 2
S •£
> OJ
CO r£n
5 2
O H
H
Q
— "T fH
•21°
=j 5a 'o
w 03
g
O2
~ « 2
~ n3 rt
fl 0
o3 O
03 ^ 03
e) d x
TT ~ —
! !jj M j
. 05
:::£:::
i i S,
:::£:::
TEXAS CIVIL FORM BOOK. G89
OATH TO SCHEDI'LE " B."
United States of America, District of ss. :
On this .... day of A. I). 1!>. ., before me personally came
, the person mentioned in and who subscribed to the
foregoing schedule, and who. being by me first duly sworn, did declare
the said schedule to be a statement of all his estate, l>oth real and
personal, in accordance with the acts of Congress relating to bankruptcy.
Subscribed and sworn to before me, this . . . day of V. D. 19. .
Form Book — -14.
690
TEXAS CIVIL FORM BOOK.
SUMMARY OF DEBTS AND ASSETS.
[Iiom the statements of the bankrupt in Schedules "A" and "B."]
Schedule A
1 (1)
Taxes and debts due United States . . .
Schedule A
1 (2)
Taxes due States, counties, districts,
• and municipalities
Schedule A
1 (3)
Wages
Schedule A
1 (4)
Other debts preferred by law
Schedule A
2
Secured claims
Schedule A
3
Unsecured claims
Schedule A
4
Notes and bills which ought to be paid
by other parties thereto
Schedule A
5
Accommodation paper
Schedule A, total
Schedule B
1
Real estate
Schedule B
2-a
Cash on hand
Schedule B
2-b
Bills, promissory notes, and securities
Schedule B
2-c
Stock in trade
Schedule B
2-d
Household goods, etc
Schedule B .
2-e
Books, prints, and pictures . ...
Schedule B
2-f
Horses, cows, and other animals
Schedule B
2-g
Carriages and other vehicles
Schedule B
2-h
Farming stock and implements
Schedule B
2-i
Shipping and shares in vessels
Schedule B
2-k
Machinery, tools, etc
Schedule B
2-1
Patents, copyrights and trade marks.
Schedule B
2-m
Other personal property
Schedule B
3 a
Debts due on open accounts
Schedule B
3 b
Stocks, negotiable bonds, etc
Schedule B
3-c
Policies of insurance
Schedule B
3-d
Unliquidated claims
Schedule B .
3-e
Deposits of money in banks and else-
where
Schedule B
4
Property in reversion, remainder, trust,
etc
Schedule B
5
Property claimed to be exempted
Schedule B
6
Books, deeds, and papers
Schedule B. total..
TEXAS CIVIL FORM BOOK. 691
No. 751 3-4.
PARTNERSHIP PETITION.
(Form No. 2.)
To the Honorable , Judge of the District Court of the
United States for the District of Texas :
The petition of respectfully represents :
That your petitioners and have been partners under the
firm name of & , having their principal
place of business at , in the county of , and district
and State of Texas, for the greater portion of the six months next
immediately preceding the filing of this petition ; that the said partners
owe debts which they are unable to pay in full; that your petitioners
are willing to surrender all their property for the benefit of their credit-
ors except such as is exempt by law, and desire to obtain the benefit of
the acts of Congress relating to bankruptcy.
That the schedule hereto annexed, marked A, and verified by
oath. ., contains a full and true statement of all the debts of said
partners, and, as far as possible, the names and places of residence of
their creditors, and such further statements concerning said debts as
are required by the provisions of said acts.
That the schedule hereto annexed, marked B, verified by
oath . . , contains an accurate inventory of all the property, real and
personal, of said partners, and such further statements concerning said
property as are required by the provisions of said acts.
And said further states that the schedule hereto
annexed, marked C, verified by his oath, contains a full and true state-
ment of all his individual debts, and, as far as possible, the names and
places of residence of his creditors, and such further staements con-
cerning said debts as are required by the provisions of said acts; and
that the schedule hereto annexed, marked D, verified by his oath, con-
tains an accurate inventory of all his individual property, real and per-
sonal, and such further statements concerning said property as are re-
quired by the provisions of said acts.
And said further states that the schedule hereto an-
nexed, marked E, verified by his oath, contains a full and, true statement
of all his individual debts, and, as far as possible, the names and places
of residence of his creditors, and such further statements concerning
said debts as are required by the provisions of said acts; and that the
schedule hereto annexed, marked F, verified by his oath, contains an
accurate inventory of all his individual property, real and personal, and
such further statements concerning said property as are required by the
provisions of said acts.
And said further states that the schedule hereto an-
nexed, marked G, verified by his oath, contains a full and true statement
of all his individual debts, and, as far as possible, the names and places
692 TEXAS CIVIL FORM BOOK.
of residence of his creditors, and such further statements concern-
ing said debts as are required by the provisions of said acts; and
that the schedule hereto annexed, marked H, verified by his oath, con-
tains an accurate inventory of all his individual property, real and
personal, and such further statements concerning said property as are
required by the provisions of said acts.
And said further states that the schedule hereto
annexed, marked J, verified by his oath, contains a full and true state-
ment of all his individual debts, and, as far as possible, the names and
places of residence of his creditors, and such further statements con-
cerning said debts as are required by the provisions of said act; and
that the schedule hereto annexed, marked K, verified by his oath, con-
tains an accurate inventory of all his individual property, real and
personal, and such further statements concerning said property as are
required by the provisions of said acts.
Wherefore your petitioners pray that the said firm may be adjudged
by a decree of the court to be bankrupts within the purview of said acts.
Petitioners.
Attorney.
and , the petitioning debtors mentioned
and described in the foregoing petition, do hereby make solemn oath
that the statements contained therein are true according to the best of
their knowledge, information and belief.
Petitioners.
Subscribed and sworn to before me, this day of , A. D.
19..
(Seal.)
(Official character.)
[Schedules to be annexed corresponding with schedules under Form
JSTo. 75iy2.]
TEXAS CIVIL FORM BOOK. 093
No. 752.
CREDITORS' PETITION.
(Form No. 3.)
To the Honorable , Judge of the District Court of the
United States for the District of Texas, at
The petition of , of , and , of
, and (a corporation), of , respectfully
shows :
That , of , has for the greater portion of six
months next preceding the date of filing this petition, had his principal
place of business (or resided, or had his domicile) at , in the
county of and State and district aforesaid, and owes debts to
the amount of $
That your petitioners are creditors of said , having
probable claims amounting in the aggregate, in excess of securities held
by them, to the sum of $500. That the nature and amount of your
petitioner's claims are as follows (here state the amount and
nature of each petitioner's claim).
And your petitioners further represent that said is
insolvent, and that within four months next preceding the date of this
petition the said committed an act of bankruptcy, in tfiat
he did heretofore, to wit, on the .... day of , A. D. 19. ., while
insolvent (here state the act of bankruptcy complained of).
Wherefore your petitioners pray that service of this petition, with a
subpo?na, may be made upon as provided in the acts of
Congress relating to bankruptcy, and that he may be adjudged by the
court to be a bankrupt within the purview of said acts.
Petitioners.
,, Attorney.
United States of America, District of ss. :
, and being three of the
petitioners above named, do hereby make solemn oath that the state-
ments contained in the foregoing petition, subscribed by them, are true.
Before me, this .... day of A. D. 10 ..
(Seal.)
(Official character.)
[Schedules to be annexed corresponding with schedules under Form
Xo. 75iy2.]
694
TEXAS CIVIL FORM BOOK.
No. 753.
ORDER TO SHOW CAUSE UPON CREDITORS' PETITION.
(Form No. 4.)
In the District Court of the United States for the District of
Texas. In the Matter of , in Bankruptcy.
Upon consideration of the petition of that
be declared a bankrupt, it is ordered that the said do
appear at this court, as a court of bankruptcy, to be holden at ,
in the district aforesaid, on the .... day of , A. D. 19. ., at . . .
o'clock in the . . . .noon, and show cause, if any there be, why the prayer
of said petition should not be granted; and
It is further ordered that a copy of said petition, together with a writ
of subpoena, be served on said , by delivering the same
to him personally or by leaving the same at his usual place of abode in
said district, at least five days before the aforesaid.
Witness the Honorable , judge of the said court, and
the seal thereof, at , in said district, on the .... day of ,
A. D. 19 . .
(Seal of the Court.) Clerk.
No. 754.
SUBPffiNA TO ALLEGED BANKRUPT.
(Form No. 5,)
United States of America, District of Texas. To
in said District — Greeting :
For certain causes offered before the District Court of the United
States of America within and for the District of Texas, as a
court of bankruptcy, we command and strictly enjoin you, laying all
other matters aside and notwithstanding any excuse, that you per-
sonally appear before our said District Court to be holden at .........
in said district, on the .... day of , A. D. 19 . . , to
answer to a petition filed by in our said court, praying
that you may be adjudged a bankrupt; and to do further and receive
that which our said District Court shall consider in this behalf. And
this you are in nowise to omit, under the pains and penalties of what
may befall thereon.
Witness the Honorable , judge of said court, and the
seal thereof, at , this .... day of , A. D. 19 . .
(Seal of the Court.) , Clerk.
TEXAS CIVIL FORM BOOK. r,95
No. 755.
DENIAL OF BANKRUPT.
(Form No. 6.)
In the District Court of the United States for the District of
Texas, at
In the Matter of In Bankruptcy. At , in
said district, on the .... day of A. D. 19 . .
And now the said appears, and denies that he has com-
mitted the act of bankruptcy set forth in said petition, or that he is
insolvent, and avers that he should not be declared bankrupt for any
cause in said petition alleged; and this he prays may be inquired of by
the court (or he demands that the same may be inquired'of by a jury).
Subscribed and sworn to before me, this .... day of, , A. D.
19 ..
(Seal.)
(Official character.)
No. 756.
ORDER FOR JURY TRIAL.
(Form No. 7.)
In the District Court of the United States for the District of
Texas.
In the Matter of In Bankruptcy. At , in
said district, on the .... day of , A. D. 19 ..
Upon the demand in writing filed by , alleged to be a
bankrupt, that the fact of the commission by him of an act of bank-
ruptcy, and the fact of his insolvency, may be inquired of by a jury, it
is ordered that said issue be submitted to a jury.
(Seal of the Court.) , Clerk.
No. 757.
SPECIAL WARRANT TO MARSHAL.
(Form Xo. 8.)
In the District Court of the United States for the District of
Texas. In the Matter of in Bankruptcy.
To the Marshal of said District or to either of his Deputies— Greeting:
AVhereas a petition for adjudication of bankruptcy was, on the . . .
.day of , A. D. 19. ., filed against , of the county of
096 TEXAS CIVIL FORM BOOK.
and State of Texas, in said district, and said petition is still
pending; and whereas it satisfactorily appears that said
has committed an act of bankruptcy (or has neglected or is neglecting,
or is about to so neglect his property that it has thereby deteriorated,
or is thereby deteriorating, or is about thereby to deteriorate in value),
you are therefore authorized and required to seize and take possession
of all the estate, real and personal, of said , and of all his
deeds, books of account and papers, and to hold and keep the same safely
subject to the further order of the court.
Witness the Honorable , judge of the said court, and
the seal thereof, at , in said district, on the .... day of ,
A. D. 19..
(Seal of the Court.) , Clerk.
RETURN BY MARSHAL THEREON.
By virtue of the within warrant I have taken possession of the estate
of the within named , and of all his deeds, books of
account and papers which have come to my knowledge.
Marshal (or Deputy Marshal).
No. 758.
BOND OF PETITIONING CREDITOR.
(Form No. 9.)
Know all men by these presents, that we, , as principal,
and and , as sureties, are held and firmly
bound unto , in the full and just sum of dollars, to
be paid to the said , his executors, administrators or
assigns, to which payment, well and truly to be made, we bind our-
selves, our heirs, executors and administrators, jointly and severally, by
these presents.
Signed and sealed this .... day of , A. D. 19. .
The condition of this obligation is such, that whereas a petition in
bankruptcy has been filed in the District Court of the United States
for the District of Texas, at , against the said
, and the said has applied to that court for
a warrant to the marshal of said district directing him to seize and
hold the property of said , subject to the further orders of
said district court:
Now therefore if such a warrant shall issue for the seizure of said
property, and if the said shall indemnify the said
for such damages as he shall sustain in the event such
TEXAS CIVIL FORM BOOK. 607
seizure shall prove to have been wrongfully obtained, then the above
obligation to be void; otherwise to remain in full force and virtue.
(Seal.)
(Seal.)
(Seal.)
Sealed and delivered in the presence of
Approved this .... day of , A. D. 19. .
, District Judge.
No. 759.
BOND TO MARSHAL.
(Form No. 10.)
Know all men by these presents, that we, , as principal,
and and , as sureties, are held and firmly
bound unto , marshal of the United States for the
District of Texas, in the full and just sum of dollars,
to be paid to the said , his executors, administrators or
assigns, to which payment, well and truly to be made, we bind ourselves,
our heirs, executors and administrators, jointly and severally, by these
presents.
Signed and sealed this .... day of , A. D. 19 . .
The condition of this obligation is such, that whereas a ^petition in
bankruptcy has been filed in the District Court of the United States
for the District of Texas, against the said , and
the said court has issued a warrant to the marshal of the United States
for said district, directing him to seize and hold property of the said
, subject to the further order of the court, and the said
property has been seized by said marshal as directed, and the said
district court upon a petition of said has ordered the said
property to be released to him :
Now therefore if the said property shall be released accordingly to
the said , and the said , being adjudged a
bankrupt, shall turn over said property or pay the value thereof in
money to the trustee, then the above obligation to be void ; otherwise to
remain in full force and virtue.
(Seal.)
(Seal.)
(Seal.)
Sealed and delivered in the presence of
Approved this .... day of , A. D. 19. .
, District Judge.
698 TEXAS CIVIL FORM BOOK.
No. 760.
ADJUDICATION THAT DEBTOR IS NOT BANKRUPT.
(Form No. 11.)
In the District Court of the United States for the District of
Texas. In the Matter of in Bankruptcy.
At , in said district, on the .... day of , A. D. 19 . .,
before the Honorable , judge of the District of
Texas.
This cause came on to be heard at , in said court, upon the
petition of that be adjudged a bankrupt
within the true intent and meaning of the acts of Congress relating to
bankruptcy, and (here state the proceedings, whether there was no oppo-
sition, or, if opposed, state what proceedings were had).
And thereupon, and upon consideration of the proofs in said cause
(and the arguments of counsel thereon, if any), it was found that the
facts set forth in said petition were not proved; and it is therefore
adjudged that said was not a bankrupt, and that said
petition be dismissed, with costs.
Witness the Honorable , judge of said court, and the
seal thereof, at , in said district, on the .... day of .......
A. D. 19..
(Seal of the Court.) , Clerk.
No. 761.
ADJUDICATION OF BANKRUPTCY.
(Form No. 12.)
In the District Court of the United States for the District of
Texas. In the Matter of , Bankrupt. In Bankruptcy.
At , in said district, on the .... day of , A. D. 19 . .,
before the Honorable , judge of said court in bankruptcy,
the petition of that be adjudged a bankrupt,
within the true intent and meaning of the acts of Congress relating to
bankruptcy, having been heard and duly considered, the said
i? hereby declared and adjudged bankrupt accordingly.
Witness the Honorable , judge of said court, and the
seal thereof, at , in said district, on the day of ,
A. D. 19 . .
(Seal of the Court.) Clerk.
TEXAS CIVIL FOBM BOOK.
B99
No. 762.
APPOINTMENT, OATH AND REPORT OF APPRAISERS.
(Form No. 13.)
in the District Court of the United States for the District of
Texas. In the Matter of , Bankrupt. In Bankruptcy.
It is ordered that , of , , of
' j and , of , three disinterested persons,
be, and they are hereby appointed appraisers to appraise the real and
personal property belonging to the estate of the said bankrupt set out
in the schedules now on file in this court, and report their appraisal to
the court, said appraisal to be made as soon as may be, and the ap-
praisers to be duly sworn.
Witness my hand this .... day of , A. D. 19 . .
Referee in Bankruptcy.
District of Texas, ss. :
Personally appeared the within named and severally
made oath that they will well and fairly appraise the aforesaid real and
personal property according to their best skill and judgment.
Subscribed and sworn to before me, this .... day of A. 1).
19 ..
(Official character.)
We, the undersigned, having been notified that we were appointed to
estimate and appraise the real and personal property aforesaid, have
attended to the duties assigned us, and after a strict examination and
careful inquiry, we do estimate and appraise the same as follows:
Dollars
Cent*
In witness whereof we hereunto set our hands at
day of . , A. D. 19 .
, . this
700 TEXAS CIVIL FORM BOOK.
No. 763.
ORDER OF REFERENCE.
(Form No. 14.)
In the District Court of the United States for the District of
Texas. In the Matter of , Bankrupt. In Bankruptcy.
Whereas, , of , in the county of and
district aforesaid, on the .... day of , A. D. 19 . ., was duly ad-
judged a bankrupt upon a petition filed in this court by (or against)
him on the .... day of , A. D. 19 . ., according to the provisions
of the acts of Congress relating to bankruptcy:
It is thereupon ordered, that said matter be referred to ,
one of the referees in bankruptcy of this court, to take such further
proceedings therein as are required by said acts; and that the said
shall attend before said referee on the .... day of
at , and thenceforth shall submit to such orders as may
be made by said referee or by this court relating to said
bankruptcy.
Witness the Honorable , judge of said court, and the
seal thereof, at , in said district, on the .... day of ,
A. D. 19 . .
(Seal of the Court.) , Clerk.
No. 764.
ORDER OF REFEREE IN JUDGE'S ABSENCE.
(Form No. 15.)
In the District Court of the United States for the District of
Texas. In the Matter of , in Bankruptcy.
Whereas, on the .... day of , A. D. 19 . ., a petition was filed
to have , of , in the county of , and dis-
trict aforesaid, adjudged a bankrupt according to the provisions of the
acts of Congress relating to bankruptcy; and whereas the judge of said
court was absent from said district at the time of filing said petition
(or in case of involuntary bankruptcy, on the next day after the last-
day on which pleadings might have been filed, and some have been
filed by the bankrupt or any of his creditors), it is thereupon ordered
that the said matter be referred to , one of the referees in
bankruptcy of this court, to consider this petition and take such pro-
ceedings therein as are required by said acts ; and that the said
shall attend before said referee on the .... day of , A. D. 19 . .
Witness my hand and seal of said court, at , in said district,
on the .... day of , A. D. 19 . .
(Seal of the Court.) , Clerk.
TEXAS CIVIL FORM BOOK. 701
No. 765.
REFEREE'S OATH OF OFFICE.
(Form No. 16.)
I> , do solemnly' swear that I will administer justice
without respect to persons, and do equal right to the poor and to the
rich, and that I will faithfully and impartially discharge and perform
all the duties incumbent on me as referee in bankruptcy, according to
the best of my abilities and understanding, agreeably to the Constitu-
tion and laws of the United States. So help me God'.
Subscribed and sworn to before me, this .... day of , A. D.
19 .
., District Judge.
No. 766.
BOND OF REFEREE.
(Form No. 17.)
Know all men by these presents, that we, of ,
as principal, and of , and of ,
as sureties, are held and firmly bound to the United States of America
in the sum of dollars, lawful money of the United States, to be
paid to the said United States, for the payment of which, well and
truly to be made, we bind ourselves, our heirs, executors and adminis-
trators, jointly and severally, by these presents.
Signed and sealed this .... day of , A. D. 19. .
The condition of this obligation is such that whereas the said
has been on the .... day of , A. D. 19 . ., appointed by the
Honorable , judge of the District Court of the United
States for the District of Texas, a referee in bankruptcy, in
and for the county of , in said district, under the acts of
Congress relating to bankruptcy:
Xow therefore, if the said shall well and faithfully
discharge and perform all the duties pertaining to the said office of
referee in bankruptcy, then this obligation to be void; otherwise to
remain in full force and virtue.
(Seal.)
(Seal.)
(Seal.) *
Signed and sealed in the presence of
Approved this day of , A. D. 19. .
, District Judge.
702
TEXAS CIVIL FORM BOOK.
No. 767.
NOTICE OF FIRST MEETING OF CREDITORS.
(Form No. 18.)
In the District Court of the United States for the ........ District of
Texas. In the Matter of .......... , Bankrupt. In Bankruptcy.
To the Creditors of .......... , of ........ , in the County of ........
and District aforesaid, a Bankrupt:
Notice is hereby given that on the ---- day of ...... , A. D. 19. .,
the said ............ was duly adjudicated bankrupt; and that the first
meeting of his creditors will be held at ....... in ....... , on the .....
day of ...... , A. D. ,19 . ., at ____ o'clock in the ...... noon, at which
time the said creditors may attend, prove their claims, appoint a
trustee, examine the bankrupt, and transact such other business as may
properly come before said meeting.
Eeferee in Bankruptcy.
No. 768.
LIST OF DEBTS PROVED AT FIRST MEETING.
(Form No. 19.)
In the District Court of the United States for the District of
Texas. In the Matter of , Bankrupt. In Bankruptcy.
At , in said district, on the .... day of , A. D. 19 . .,
before , referee in bankruptcy.
The following is a list of creditors who have this day proved their
debts :
Names of Creditors
Residence
Debts proved
Dollars
Cents
Referee in Bankruptcy.
TEXAS CIVIL FORM BOOK. 703
No. 769.
GENERAL LETTER OF ATTORNEY IN FACT WHEN CREDITOR IS NOT
REPRESENTED BY ATTORNEY AT LAW.
(Form No. 20.)
In the District Court of the United States for the District of
Texas. In the Matter of , Bankrupt. In Bankruptcy.
To , :
I, , of , in the county of and State of
Texas, do hereby authorize you, or any one of you, to attend the meet-
ing or meetings of creditors of the bankrupt aforesaid at a court of
bankruptcy, wherever advertised or directed to be holden, on the day
and the hour appointed and notified by said court in said matter, or at
such other place and time as may be appointed by the court for holding
such meeting or meetings, or at which such meeting or meetings, or any
adjournment or adjournments thereof, may be held, and then and there
from time to time, and as often as there may be occasion, for me and in
my name to vote for or against any proposal or resolution that may be
then submitted under the acts of Congress relating to bankruptcy; and
in the choice of trustee or trustees of the estate of the said bankrupt,
and for me, to assent to such appointment of trustee; and with like
powers to attend and vote at any other meeting or meetings of cred-
itors, or sitting or sittings of the court, which may be held therein for
any of the purposes aforesaid; and also to accept any composition pro-
posed by said bankrupt in satisfaction of his debts, and to receive pay-
ment of dividends and of money due me under any composition, and
for any other purpose in my interest whatsoever, with full power of
substitution.
In witness whereof I' have hereunto signed my name and affixed my
seal the day of , A. D. 19 . .
(Seal.)
Signed, sealed and delivered in presence of
Acknowledged before me, this .... day of , A. D. 19 . .
(Official character.)
No. 770.
SPECIAL LETTER OF ATTORNEY IN FACT.
(Form Xo. 21.)
In the Matter of , Bankrupt. In Bankruptcy.
To , :
I hereby authorize you, or any of you, to attend the meeting of
creditors in this matter, advertised or directed to be holden at ,
704
TEXAS CIVIL FORM BOOK.
on the .... day of , A. D. 19 . . , before , or any
adjournment thereof, and then and there for and in
name to vote for or against any proposal or resolution that may
be lawfully made or passed at such meeting or adjourned meeting, and
in the choice of trustee or trustees of the estate of the said bankrupt.
In witness whereof I have hereunto signed my name and affixed my
seal the .... day of , A. D. 19 . .
(Seal.)
Signed, sealed and delivered in presence of
Acknowledged before me, this .... day of , A. D. 19 . .
(Official character.)
No. 771.
APPOINTMENT OF TRUSTEE BY CREDITORS.
(Form No. 22.)
In the District Court of the United States for the District of
Texas. In the Matter of , Bankrupt. In Bankruptcy.
At , in said district, on the .... day of , A. D. 19. .,
before , referee in bankruptcy.
This being the day appointed by the court for the first meeting of
creditors in the above bankruptcy, and of which due notice has been
given in the (here insert the names of the newspapers in which notice
was published), we, whose names are hereunder written, being the
majority in number and in amount of claims of the creditors of the
said bankrupt, whose claims have been allowed, and who are present at
this meeting, do hereby appoint , of , in the
county of and State of Texas, to be the trustee of the said
bankrupt's estate and effects.
Signature of Creditors
Residence of same
Amount of debt
Dollars
Cents
Ordered, that the above appointment of trustee be and the same is
hereby approved.
Referee in Bankruptcy.
TEXAS CIVIL FORM BOOK. 705
No. 772.
APPOINTMENT OF TRUSTEE BY REFEREE.
(Form No. 23.)
In the District Court of the United States for the District of
Texas. In the Matter of , Bankrupt. In Bankruptcy.
At , in said district, on the .... day of , A. D. 19. .,
before , referee in bankruptcy.
This being the day appointed by the court for the first meeting of
creditors under the said bankruptcy, and of which due notice has been
given in the (here insert the names of the newspapers in which notice
was published), I, the undersigned referee of the said court in bank-
ruptcy, sat at the time and place above mentioned, pursuant to such
notice, to take the proof of debts and for the choice of trustee under the
said bankruptcy; and I do hereby certify that the creditors whose claims
had been allowed were present, or duly represented, failed to make
choice of a trustee of said bankrupt's estate, and therefore I do hereby
appoint , of , in the county of and State
of Texas, as trustee of the same.
Eeferee in Bankruptcy.
No. 773.
NOTICE TO TRUSTEE OF HIS APPOINTMENT.
(Form No, 24.)
In the District Court of the United States for the District of
Texas. In the Matter of , Bankrupt. In Bankruptcy.
To , of , in the County of and District
aforesaid :
I hereby notify you that you were duly appointed trustee (or one of
the trustees) of the estate of the above named bankrupt at the first
meeting of the creditors, on !he day of , A. D. 19. ., and 1
have approved said appointment. The penal sum of your bond as such
trustee has been fixed at dollars. You are required to notify me
forthwith of your acceptance or rejection of the trust.
Dated at ., the day of , A. D. 19. .
Referee in Bankruptcy.
Form Book — 45.
706 TEXAS CIVIL FORM BOOK.
No. 774.
BOND OF TRUSTEE.
(Form No. 25.)
Know all men by these presents, that we, , of ,
as principal, and , of , and , of
, as sureties, are held and firmly bound unto the United States
of America in the sum of dollars, in lawful money of the United
States, to be paid to the said United States, for which payment, well and
truly to be made, we bind ourselves and our heirs, executors and ad-
ministrators, jointly and severally, by these presents.
Signed and sealed this .... day- of , A. D. 19 . .
The condition of this obligation is such, that whereas the above named
was, on the .... day of , A. D. 19 . . , appointed
trustee in the case pending in bankruptcy in said court, wherein
is the bankrupt, and he, the said , has
accepted said trust with all the duties and obligations pertaining there-
unto:
Now therefore if the said , trustee as aforesaid, shall
obey such orders as the court make in relation to said trust, and shall
faithfully and truly account for all the moneys, assets and effects of
the estate of said bankrupt which shall come into his hands and pos-
session, and shall in all respects faithfully perform all his official duties
as said trustee, then this obligation to be void, otherwise to remain in
full force and virtue.
(Seal.)
(Seal.)
(Seal.)
Signed and sealed in presence of
No. 775.
ORDER APPROVING TRUSTEE'S BOND.
(Form No. 26.)
At a court of bankruptcy, held in and for the District of
Texas, at , Texas, this day of , A. D. 19. ., before
, referee in bankruptcy, in the District Court of the
United States for the District of Texas. In the Matter of
, Bankrupt. In Bankruptcy.
It appearing to the court thai , of , and in said
district, has been duly appointed trustee of the estate of the above
named bankrupt, and has given" bond with sureties for the faithful
TEXAS CIVIL FORM BOOK. 707
performance of his official duties, in the amount fixed by the creditors
(or by order of the court), to wit, in the sum of dollars, it is
ordered that the said bond be, and the same is hereby approved.
Referee in Bankruptcy.
No. 776.
ORDER THAT NO TRUSTEE BE APPOINTED.
(Form No. 27.)
In the District Court of the United States for the District of
Texas. In the Matter of , Bankrupt. In Bankruptcy.
It appearing that the schedule of the bankrupt discloses no assets,
and that no creditor has appeared at the first meeting, and that the
appointment of a trustee of the bankrupt's estate is not now desirable,
it is hereby ordered that until further order of the court no trustee be
appointed and no other meeting of the creditors be called.
Referee in Bankruptcy.
No. 777.
ORDER FOR EXAMINATION OF BANKRUPT.
(Form No. 28.)
In the District Court of the United States for the District of
Texas. In the Matter of , Bankrupt. In Bankruptcy.
At , on the .... day of , A. D. 19 . . Upon the appli-
cation of , trustee of said bankrupt (or creditor of said
bankrupt), it is ordered that said bankrupt attend before ,
one of the referees in bankruptcy of this court, at on the
day of , at .... o'clock in the . . . .noon, to submit to examina-
tion under the act of Congress relating to bankruptcy, and that a copy
of this order be delivered to him, the said bankrupt, forthwith.
Referee in Bankruptcy.
No. 778.
EXAMINATION OF BANKRUPT OR WITNESS.
(Form No. 29.)
In the District Court of the United States for the District of
Texas. In the Matter of , Bankrupt. In Bankruptcy.
At , in said district, on the day of , A. D. 19 . .,
before , one of the referees in bankruptcy of said court.
ros
TEXAS CIVIL FORM BOOK.
, of , in the county of , and State of
Texas, being duly sworn and examined at the time and place above
mentioned, upon his oath says (here insert substance of
examination of party.)
Referee in Bankruptcy.
p No. 779.
SUMMONS TO WITNESS.
(Form No. 30.)
To ":
Whereas , of , in the county of and
State of , has been duly adjudged bankrupt, and the proceed-
ing in bankruptcy is pending in the District Court of the United States
for the District of Texas. These are to require you, to whom
this summons is directed, personally to be and appear before ,
one of the referees in bankruptcy of the said court, at , on
the .... day of , at .... o'clock in the .... noon, then and there
to be examined in relation to said bankruptcy.
Witness the Honorable , judge of said court, and seal
thereof, at , this .... day of , A. D. 19 . .
, Clerk.
RETURN OF SUMMONS TO WITNESS.
In the District Court of the United States for the District of
Texas. In the Matter of , Bankrupt. In Bankruptcy.
On this .... day of , A. D. 19 . ., before me came ,
of , in the county of and State of Texas, and makes
oath, and says that he did, on , the .... day of , A. D.
19 . ., personally serve , of , in the county of
and said State of Texas, with a true copy of the summons
hereto annexed, by delivering the same to him; and he further makes
oath and says that he is not interested in the proceeding in bankruptcy
r.amed in said summons.
Subscribed and sworn to before me, this .... day of , A. D.
19 .
TEXAS CIVIL FORM BOOK. 709
No. 780.
PROOF OF UNSECURED DEBT.
(Form No. 31.)
In the District Court of the United States for the District of
Texas. In the Matter of , Bankrupt. In Bankruptcy.
At , in said district of Texas, on the .... day of ,
A. D. 19 . ., came , of , in the county of r
in said district of Texas, and made oath, and says that f
the person by (or against) whom a petition for adjudication in bank-
ruptcy has been filed, was at and before the filing of said petition, and
still is, justly and truly indebted to said deponent in the sum of
dollars ; that the consideration of said debt is as follows : ;
that no part of said debt has been paid (except ) ; that there
are no set-offs or counterclaims to the same (except ) ; and that
the deponent has not, nor has any person by his order, or to his knowl-
edge or belief, for his use, had or received any manner of security for
said debt whatever.
, Creditor.
Subscribed and sworn to before me, this .... day of , A. D.
19 ..
(Seal.)
(Official character.)
» * •
No. 781.
PROOF OF SECURED DEBT.
(Form No. 32.)
In the District Court of the United States for the District of
Texas. In the Matter of , Bankrupt. In Bankruptcy.
At in said district of Texas, on the day of ,
A. D. 19. ., came , of , in the county of
in said district of Texas, and made oath, and says that • • ,
the person by (or against) whom a petition for adjudication of bank-
ruptcy has been filed, was at and before the filing of said petition, and
still is, justly and truly indebted to said deponent, in the sum of
dollars; that the consideration of said debt is as follows: ...
that no part of said debt has been paid (except ); that there
are no set-offs or counterclaims to the same (except ); and
that the only securities held by this deponent for said debt are the
following :
, Creditor.
Subscribed and sworn to before me, this day of , A. D.
19..
(Official character.)
710 TEXAS CIVIL FORM BOOK.
No. 782.
PROOF OF DEBT DUE CORPORATION.
(Form No. 33.)
In the District Court of the United States for the District of
Texas. In the Matter of , Bankrupt. In Bankruptcy.
At , in said district of Texas, on the .... day of ,
A. D. 19. ., came , of , in the county of . i
and State of Texas, and made oath and says that he is of
the , a corporation incorporated by and under the laws of the
State of , and carrying on business at , in the county
of and State of , and that he is duly authorized to
make this proof, and says that the said , the person by (or
against) whom a petition for adjudication of bankruptcy has been filed,
was at and before the filing of said petition, and still is, justly and
truly indebted to said corporation in the sum of dollars; that the
consideration of said debt is as follows: ; that no part of said
debt has been paid (except ) ; that there are no set-offs or
counterclaims to the same (except ) ; and that said corpora-
tion has not, nor has any person by its order, or to the knowledge or
belief of said deponent, for its use had or received any manner of
security for said debt whatever.
of said Corporation.
Subscribed and sworn to before me, this . . . day of . . . ., A. D. 19 ..
(Seal.) . . !
(Official character.)
No. 783.
PROOF OF DEBT BY PARTNERSHIP.
(Form No. 34.)
In the District Court of the United States for the District of
Texas. In the Matter of -. . ., Bankrupt. In Bankruptcy.
At , in said district of Texas, on the .... day of ,
A. D. 19. ., came , of , in the county of ,
in said district of Texas, and made oath and says that he is one of the
firm of , consisting of himself and , of ,
in the county of and State of ; that the said
, the person by (or against) whom a petition for adjudi-
cation, of bankruptcy has been filed, was at and before the filing of
said petition, and still is, justly and truly indebted to this deponent's
said firm in the sum of dollars; that the consideration of said
debt is as follows: ; that no part of said debt has been paid
TEXAS CIVIL FORM BOOK. 711
(except ); that there .are no set-offs or counterclaims to the
same (except ); and this deponent has not, nor has his said
firm, nor has any person by their order, or to this deponent's knowledge
or belief, for their use, had or received any manner of security for said
debt whatever.
, Creditor.
Subscribed and sworn to before me, this day of , A. D.
19..
(Seal.)
(Official character.)
No. 784.
PROOF OF DEBT BY AGENT OR ATTORNEY.
(Form No. 35.)
In the District Court of the United States for the District of
Texas. In the Matter of , Bankrupt. In Bankruptcy.
At , in said district of Texas, on the .... day of ,
A. D. 19. ., came , of , in the county of
and State of , attorney (or authorized agent) of , in
the county of and State of , and made oath and says
that , the person by (or against) whom a petition for
adjudication of bankruptcy has been filed, was at and before the filing
of said petition, and still is, justly and truly indebted to the said
, in the sum of dollars; that the consideration of
said debt is as follows : ; that no part of said debt has been
paid (except ); and that this deponent has not, nor has any
person by his order, or to this deponent's knowledge or belief, for his
use had or received any manner of security for said debt whatever. And
this deponent further says that this deposition cannot be made by the
claimant in person because , and that he is duly authorized
by his principal to make this affidavit, and that it is within his knowl-
edge that the aforesaid debt was incurred as and for the consideration
above stated, and that such debt, to the best of his knowledge and belief,
still remains unpaid and unsatisfied.
Subscribed and sworn to before me, this .... day of , A. D.
19..
(Seal.)
(Official character.)
712 TEXAS CIVIL FOEM BOOK.
No. 785.
PROOF OF SECURED DEBT BY AGENT.
(Form No. 36.)
In the District Court of the United States for the District of
Texas. In the Matter of , Bankrupt. In Bankruptcy.
At , in said district of Texas, on the .... day of ,
A. D. 19 . ., came , of , in the county of and
State of , attorney (or authorized agent) of , in the
county of and State of , and made oath and says that ,
the person by (or against) whom a petition for adjudication of bank-
ruptcy has been filed, was at and before the filing of said petition, and
still is, justly and truly indebted to the said in the sum of
dollars ; that the consideration of said debt is as follows : ;
that no part of said debt has been paid (except ) ; that there are
no set-offs or counterclaims to the same (except ) ; and that the
only securities held by said for said debt are the following :
; and this deponent further says that this deposition cannot
be made by the claimant in person because , and that he
is duly authorized by his principal to make this deposition, and that it
is within his knowledge that the aforesaid debt was incurred as and for
the consideration above stated.
Subscribed and sworn to before me, this .... dav of , A. D.
19 ..
(Official character.)
No. 786.
AFFIDAVIT OF LOST BILL OR NOTE.
(Form No. 37.)
In the District Court of the United States for the District of
Texas. In the Matter of , Bankrupt. In Bankruptcy.
On this day of , A. D. 19 . ., at , came . ,
of , in the county of and State of , and
makes oath and says that the bill of exchange (or note), the particulars
whereof are underwritten, has been lost under the following circum-
stances, to wit, ; and that he, this deponent, has not been able
to find the same; and this deponent further says that he has not, nor
has the said , nor any person or persons to their use, to
this deponent's knowledge or belief, negotiated the said bill (or note),
nor in any manner parted with or assigned the legal or beneficial interest
TEXAS CIVIL FORM BOOK.
713
therein, or any part thereof; and that he, this deponent, is the person
now legally and beneficially interested in the same.
BILL OR NOTE ABOVE REFERRED TO.
f Date
Drawer or maker
Acceptor
Sum
Subscribed and sworn to before me, this .... day of , A. D.
19..
(Official character.)
No. 787.
ORDER REDUCING CLAIM.
(Form No. 38.)
In the District Court of the United States for the District of
Texas. In the Matter of , Bankrupt. In Bankruptcy.
At , in said district, on the .... day of , A. D. 19 . .
Upon the evidence submitted to this court upon the claim of
against said estate (and if the fact be so, upon hearing counsel thereon),
it is ordered that the amount of said claim be reduced from the sum of
dollars, as set forth in the affidavit in proof of claim filed by said
creditor in said case, to the sum of dollars, and that the latter
named sum be entered upon the books of the trustee as the true sum
upon which a dividend shall be computed (if with interest, with interest
thereon from the .... day of , A. D. 19 . . ).
Referee in Bankruptcy.
No. 788.
ORDER EXPUNGING CLAIM.
(Form No. 39.)
In the District Court of the United States for the . District of
Texas. In the Matter of Bankrupt. In Bankruptcy.
At , in said district, on the day of , A. D. 19 ..
Upon the evidence submitted to the court upon the claim of
714
TEXAS CIVIL FORM BOOK.
against said estate (and if the fact be so, upon hearing counsel thereon),
it is ordered that said claim be disallowed and expunged from the list of
claims upon the trustee's record in said case.
Eeferee in Bankruptcy.
No. 789.
LIST OF CLAIMS AND DIVIDENDS TO BE RECORDED BY REFEREE AND
BY HIM DELIVERED TO TRUSTEE.
(Form No. 40.)
In the District Court of the United States for the ........ District of
Texas. In the Matter of .......... , Bankrupt. In Bankruptcy.
At ........ , in said district, on the .... day of ...... , A. D. 19 . .
A list of debts proved and claimed under the bankruptcy of .........
with ...... dividend at the rate of .... per cent this day declared
thereon by ............ , a ref ef ee in bankruptcy.
No.
Creditors
(To be placed alphabetically, and the names
of all the parties to the proof to be
carefully set forth.)
Sum proved
Dividend
Dollars
Cents
Dollars
Cents
Eeferee in Bankruptcy.
No. 790.
NOTICE OF DIVIDEND.
(Form No. 41.)
In the District Court of the United States for the ........ District of
Texas. In the Matter of .......... , Bankrupt. In Bankruptcy.
At ........ , on the ____ day of ...... , A. D. 19 . .
To ............ , Creditor of ............ , Bankrupt :
I hereby inform you that you may, on application at my office,
........ , on the .... day of ...... , A. D. 19 . ., or on any day there-
after, between the hours of ...... , receive a warrant for the ......
dividend due to you out of the above estate. If you cannot personally
TEXAS CIVIL FORM BOOK. 715
attend, the warrant will be delivered to your order on your filing up
and signing the subjoined letter.
, Trustee.
CREDITOR'S LETTER TO TRUSTEE.
To , Trustee in Bankruptcy of the Estate of ,
Bankrupt :
Please deliver to the warrant for dividend payable out
of the said estate to me.
., Creditor.
No. 791.
PETITION AND ORDER FOR SALE BY AUCTION OF REAL ESTATE.
(Form No. 42.)
In the District Court of the United States for the District of
Texas. In the Matter of , Bankrupt. In Bankruptcy.
Respectfully represents , trustee of the estate of said
bankrupt, that it would be for the benefit of said estate that a certain
portion of the real estate of said bankrupt, to wit (here describe
it and its estimated value), should be sold by auction, in lots or parcels,
and upon terms and conditions as follows :
Wherefore he prays that he may be authorized to make sale by auction
of said real estate as aforesaid.
Dated this day of , A. D. 19 . .
, Trustee.
The foregoing petition having been duly filed, and having come on for
a hearing before me, of which hearing ten days' notice was given by mail
to creditors of said bankrupt, now, after due hearing, no adverse interest
being* represented thereat (or after hearing in favor of said
petition and in opposition thereto), it is ordered that the
said trustee be authorized to sell the portion of the bankrupt's real
estate specified in the foregoing petition, by auction, keeping an accurate
account of each lot or parcel sold and the price received therefor and to
whom sold ; which said account he shall file at once with the referee.
Witness my hand this .... day of , A. D. 19 . .
Referee in Bankruptcy.
716 TEZAS CIVIL FORM BOOK.
No. 792.
PETITION AND ORDER FOR REDEMPTION OF PROPERTY FROM HEN.
(Form No. 43.)
In the District Court of the United States for the District of
Texas. In the Matter of , Bankrupt. In Bankruptcy.
Respectfully represents , trustee of the estate of said
bankrupt, that a certain portion of said bankrupt's estate, to wit (here
describe the estate or property and its estimated value), is subject to a
mortgage (describe mortgage), or to a conditional contract (describing
it), or to a lien (describe the origin and nature of the lien), or (if the
property be personal property) has been pledged or deposited and is
subject to a lien for (describe the nature of the lien), and that it would
be for the benefit of the estate that said property should be redeemed
and discharged from the lien thereon.
Wherefore he prays that he may be empowered to pay out of the assets
of said estate in his hands the sum of dollars, being the amount
of said lien, in order to redeem said property therefrom.
Dated this day of , A. D. 19. .
, Trustee.
The foregoing petition having been duly filed and having come on for
a hearing before me, of which hearing ten days' notice was given by
mail to creditors of said bankrupt, now, after due hearing, no adverse
interest being represented thereat (or after hearing in
favor of said petition and in opposition thereto), it is
ordered that the said trustee be authorized to pay out of the assets of the
bankrupt's estate specified in the foregoing petition the sum of
dollars, being the amount of the lien, in order to redeem the property
therefrom.
Witness my hand this .... day of , A. D. 19 . .
Referee in Bankruptcy.
No. 793.
PETITION AND ORDER FOR SALE SUBJECT TO LIEN.
(Form No. 44.)
In the District Court of the United States for the District of
Texas. In the Matter of , Bankrupt. In Bankruptcy.
Eespectfully represents , trustee of the estate of said
bankrupt, that a certain portion of said bankrupt's estate, to wit (here
describe the estate or property and its» estimated value), is subject to a
mortgage (describe mortgage), or to a conditional contract (describe it),
or to a lien (describe the origin and nature of the lien), or (if the prop-
TEXAS CIVIL FORM BOOK. 717
erty be personal property) has been pledged or deposited and is subject
to a lien for (describe the nature of the lien), and that it would be for
the benefit of the said estate that said property should be sold, subject to
said mortgage, lien, or other incumbrance.
Wherefore he prays that he may be authorized to make sale of said
property, subject to the incumbrance thereon.
Dated this day of , A. D. 19 . .
, Trustee.
The foregoing petition having been duly filed and having come on for
a hearing before me, of which hearing ten days' notice was given by
mail to creditors of said bankrupt, now, after due hearing, no adverse
interest being represented thereat (or after hearing in
favor of said petition and in opposition thereto), it is
ordered that the said trustee be authorized to sell the portion of the
bankrupt's estate specified in the foregoing petition, by auction (or at
private sale), keeping an accurate account of the property sold and the
price received therefor and to whom sold; which said account he shall
file at once with the referee.
Witness my hand this .... day of , A. D. 19 . .
Referee in Bankruptcy.
No. 794.
PETITION AND ORDER FOR PRIVATE SALE.
(Form No. 45.)
In the District Court of the United States for the District of
Texas. In the Matter of ., Bankrupt. In Bankruptcy.
Respectfully represents , duly appointed trustee of the
estate of the aforesaid bankrupt.
That for the following reasons, to wit, , it is desirable and
for the best interest of the estate to sell at private sale a certain por-
tion of the said estate, to wit
Wherefore he prays that he may be authorized to sell the said prop-
erty at private sale.
Dated this .... day of , A. D. 19 . .
, Trustee.
The foregoing petition having been duly filed and having come on for
a hearing before me, of which hearing ten days' notice was given by
mail to creditors of said bankrupt, now, after due hearing, no adverse
interest being represented thereat (or after hearing ..in
favor of said petition and in opposition thereto), it is
ordered that the said trustee be authorized to sell the portion of the
bankrupt's estate specified in the foregoing petition, at private sale,
718 TEXAS CIVIL FORM BOOK.
keeping an accurate account of each article sold and the price received
therefor and to whom sold ; which said account he shall file at once with
the referee.
Witness my hand this .... day of , A. D. 19 . .
Eeferee in Bankruptcy.
No. 795.
PETITION AND ORDER FOR SALE OF PERISHABLE PROPERTY.
(Form No. 46.)
In the District Court of the United States for the , . . District of
Texas. In the Matter of , Bankrupt. In Bankruptcy.
Eespectfully represents , the said bankrupt (or a creditor,
or the receiver, or the trustee of the said bankrupt estate).
That a part of the said estate, to wit, , now in , is
perishable, and that there will be loss if the same is not sold imme-
diately as aforesaid.
Wherefore he prays the court to order that the same be sold imme-
diately as aforesaid.
Dated this day of , A. D. 19 . .
The foregoing petition having been duly filed and having come on
for a hearing before me, of which hearing ten days' notice was given
by mail to the creditors of said bankrupt (or without notice to the
creditors), now, after due hearing, no adverse interest being repre-
sented thereat (or after hearing in favor of said petition
and in opposition thereto), I find that the facts are as
above stated, and that the same is required in the interest of the estate,
and it is therefore ordered that the same be sold forthwith and the pro-
ceeds thereof deposited in court.
Witness my hand this day of , A. D. 19 . .
Keferee in Bankruptcy.
TEXAS CIVIL FORM BOOK.
"19
No. 796.
TRUSTEE'S REPORT OF EXEMPTED PROPERTY.
(Form No. 47.)
In the District Court of the United States for the District of
Texas. In the Matter of , Bankrupt. In Bankruptcy.
At , on the day of , A. D. 19 ..
The following is a schedule of property designated and set apart to be
retained by the bankrupt aforesaid, as his own property, under the pro-
visions of the acts of Congress relating to bankruptcy.
General Head Particular Description Value
Dolls. Cta.
Military uniform, arms, and equip-
ments
Property exempted by State laws. .
, Trustee.
• • •
No. 797.
TRUSTEE'S RETURN OF NO ASSETS.
(Form No. 48.)
In the District Court of the United States for the District of
Texas. In the Matter of , Bankrupt. In Bankruptcy.
At , in said district, on the day of , A. D. 19. .
On the day aforesaid, before me comes , of , in
the county of and State of Texas, and makes oath and says that
he, as trustee of the estate and effects of the above named bankrupt,
neither received nor paid any moneys on account of the estate.
, Trustee.
Subscribed and sworn to before me, at , this day of
, A. D. 19 . .
Referee in Bankruptcy.
720
The estate of
trustee.
TEXAS CIVIL FORM BOOK.
No. 798.
ACCOUNT OF TRUSTEE.
(Form No. 49.)
, bankrupt, in account with.
$
c.
$
c.
$
c.
*
c.
'
No. 799.
OATH TO FINAL ACCOUNT OF TRUSTEE.
(Form No. 50.)
In the District Court of the United States for the District of
Texas. In the Matter of , Bankrupt. In Bankruptcy.
On this .... day of , A. D. 19 . ., before me comes
of , in the county of and State of Texas, and makes
oath and says that he was, on the .... day of , A. D. 19. ., ap-
pointed trustee of the estate and effects of the above named bankrupt,
and that as such trustee he has conducted the settlement of the said
estate. That the account hereto annexed containing sheets of
paper, the first sheet whereof is marked with the letter (reference
may here also be made to any prior account filed by said trustee), is true,
and such account contains entries of every sum of money received by
said trustee on account of the estate and effects of the above named
bankrupt, and that the payments purporting in such account to have
been made by said trustee have been so made by him. And he asks to
be allowed for said payments and for commissions and expenses as
charged in said accounts.
, Trustee.
Subscribed and sworn to before me, at , in said
District of Texas, this .... day of , A. D. 19. .
(Official character.)
TEXAS CIVIL FORM BOOK. 721
No. 800.
ORDER ALLOWING ACCOUNT AND DISCHARGING TRUSTEE.
(Form No. 61.)
In the District Court of the United States for the District of
Texas. In the Matter of ^Bankrupt. In Bankruptcy.
The foregoing account having been presented for allowance, and
having been examined and found correct, it is ordered that the same be
allowed, and that the said trustee be discharged of his trust.
Referee in Bankruptcy.
No. 801.
PETITION FOR REMOVAL OF TRUSTEE.
(Form No. 52.)
In the District Court of the United States for the District of
Texas. In the Matter of , Bankrupt. In Bankruptcy.
To the Honorable , Judge of the District Court of the
District of Texas :
The petition of , one of the creditors of said bankrupt,
respectfully represents that it is for the interest of the estate of said
bankrupt that , heretofore appointed trustee of said bank-
rupt's estate, should be removed from his trust, for the causes following,
to wit (here set forth the particular cause or causes for which
such removal is requested).
Wherefore prays that notice may be served upon said
, trustee as aforesaid, to show cause at such time as may
be fixed by the court, why an order should not be made removing him
from said trust.
No. 802.
NOTICE OF PETITION FOR REMOVAL OF TRUSTEE.
(Form No. 53.)
In the District Court of the United States for the District of
Texas. In the Matter of , Bankrupt. In Bankruptcy.
At , on the day of , A. D. 19. .
To , Trustee of the Estate of , Bankrupt:
You are hereby notified to appear before this court at , on
the day of , A. D. 19 . ., at o'clock . . m., to show cause
(if any you have) why you should not be removed from your trust as
FORM BOOK — 46.
722 TEXAS CIVIL FORM BOOK.
trustee as aforesaid, according to the prayer of the petition of ,
one of the creditors of said bankrupt, filed in this court on the .... day
of , A. D. 19 . ., in which it is alleged (here insert the
allegation of the petition).
, Clerk.
No. 803.
ORDER FOR REMOVAL OF TRUSTEE.
(Form No. 54.)
In the District Court of the United States for the District of
Texas. In the Matter of , Bankrupt. In Bankruptcy.
Whereas , of , did, on the .... day of ,
A. D. 19.., present his petition to this court, praying that for the
reasons therein set forth, , the trustee of the estate of said
, bankrupt, might be removed :
Now therefore upon reading the said petition of the said
and the evidence submitted therewith, and upon hearing counsel on
behalf of said petitioner and counsel for the trustee, and upon the evi-
dence submitted on behalf of said trustee:
It is ordered that the said be removed from the trust as
trustee of the estate of said bankrupt, and that the costs of the said
petitioner incidental to said petition be paid by said ,
trustee (or out of the estate of the said , subject to prior
charges).
Witness the Honorable , judge of the said court, and the
seal thereof, at , in said district, on the .... day of ,
A. D. 19..
(Seal of the Court.) . .' , Clerk.
No. 804.
ORDER FOR CHOICE OF NEW TRUSTEE.
(Form No. 55.)
In the District Court of the United States for the District of
Texas. In the Matter of , Bankrupt. In Bankruptcy.
At , on the day of , A. D. 19. .
Whereas by reason of the removal (or the death or resignation) of
, heretofore appointed trustee of the estate of said bank-
rupt, a vacancy exists in the office of said trustee:
It is ordered that a meeting of the creditors of said bankrupt be
TEXAS CIVIL FORM BOOK. 723
held at , in , in said district, on the day of
, A. D. 19. ., for the choice of a new trustee of said estate.
And it is further ordered that notice be given to said creditors of the
time, place, and purpose of said meeting, by letter to each, to be de-
posited in the mail at least ten days before that day.
Referee in Bankruptcy.
No. 805.
CERTIFICATE BY REFEREE TO JUDGE.
(Form No. 56.)
In the District Court of the United States for the District of
Texas. In the Matter of , Bankrupt. In Bankruptcy.
I, , one of the referees of said court in bankruptcy, do
hereby certify that in the course of the proceedings in said cause before
me the following question arose pertinent to the said proceedings:
(here state the question, a summary of the evidence relating
thereto, and the finding and order of the referee thereon).
And the said question is certified to the judge for his opinion thereon.
Dated at , the day of , A. D. 19. .
Referee in Bankruptcy.
No. 808.
BANKRUPT'S PETITION FOR DISCHARGE.
(Form No. 57.)
In the Matter of ............ , Bankrupt. In Bankruptcy.
To the Honorable ............ , Judge of the District Court of the
United States for the ........ District of Texas:
............ , of ........ , in the county of ........ and State of
Texas, in said district, respectfully represents that on the ... day of
...... , A. D. 19 . ., he was duly adjudged bankrupt under the acts of
Congress relating to bankruptcy; that he has duly surrendered all his
property and rights of property, and has fully complied with all the
requirements of said acts and of the orders of the court touching his
bankruptcy.
Wherefore he prays that he may be decreed by the court to have a full
discharge from all debts provable against his estate under said bankrupt
acts except such debts as are excepted by law from such discharge.
Dated this .... day of ...... , A. D. 19. .
................ , Bankrupt.
Subscribed and sworn to before me, this .... day of ...... , A. D.
19.. ................
724 TEXAS CIVIL FORM BOOK.
No. 807.
ORDER OF NOTICE THEREON.
(Form No. 57%.)
District of , ss. :
On this .... day of , A. D. 19. ., on reading the foregoing
petition, it is —
Ordered by the court, that a hearing be had upon the same on the
.... day of , A. D. 19 . ., before said court, at , in said
district, at .... o'clock in the noon; and that notice thereof be
published in , a newspaper printed in said district, and that all
known creditors and other persons in interest may appear at the same
time and place and show cause, if any they have, why the prayer of the
said petitioner should not be granted.
And it is further ordered by the court that the clerk shall send by
mail to all known creditors copies of said petition and this order, ad-
dressed, to them at their places of residence as stated.
"Witness the Honorable , judge of said court, and the
seal thereof, at , in said district, on the . . . .day of ,
A. D. 19..
(Seal of the Court.) , Clerk.
hereby depose, on oath, that the foregoing order was pub-
lished in the on the following days, viz :
On the day of , and on the .... day of , in the
year 19 . .
, ,19..
District of Texas:
Personally appeared , and made oath that the foregoing
statement by him subscribed is true.
Before me:
(Official character.)
I hereby certify that I have on this .... day of , A. D. 19 . .,
sent by mail copies of the above order, as therein directed.
, Clerk.
TEXAS CIVIL FORM BOOK. 725
No. 808.
SPECIFICATIONS OF GROUNDS OF OPPOSITION TO BANKRUPT'S
DISCHARGE.
(Form No. 58.)
In the District Court of the United States for the District of
Texas. In the Matter of , Bankrupt. In Bankruptcy
, of , in the county of and State of
Texas, a party interested in the estate of said , bankrupt,
do hereby oppose the granting to him of a discharge from his debts,
and for the grounds of such opposition do file the following specifica-
tions (here specify the grounds of opposition).
, Creditor.
No. 809.
DISCHARGE OF BANKRUPT.
(Form No. 59.)
District Court of the United States, District of Texas. In
Bankruptcy.
Whereas, , of , in said district, has been duly
adjudged a bankrupt, under the acts of Congress relating to bankruptcy,
and appears to have conformed to all the requirements of law in that
behalf, it is therefore ordered by this court that said be
discharged from all debts and claims which are made provable by said
acts against his estate, and which existed on the day of ,
A. D. 19. ., on which day the petition for adjudication was filed
him; excepting such debts as are by law excepted from the operation
of a discharge in bankruptcy.
Witness the Honorable , judge of said district court,
and the seal thereof, this day of , A. D. 19.
(Seal of the Court.) , Clerk.
726 TEXAS CIVIL FORM BOOK.
No. 810.
PETITION FOR MEETING TO CONSIDER COMPOSITION.
(Form No. 60.)
District Court of the United States for the District of Texas.
, Bankrupt. In Bankruptcy.
To the Honorable , Judge of the District Court of the
United States for the District of Texas :
The above named bankrupt respectfully represents that a composition
of per cent upon all unsecured debts, not entitled to a priority
in satisfaction of debts has been proposed by
to creditors, as provided by the acts of Congress
relating to bankruptcy, and .... verily believes that the said composi-
4tion will be accepted by a majority in number and in value of
creditors whose claims are allowed.
Wherefore he prays that a meeting of creditors may be duly
called to act upon said proposal for a composition, according to the
provisions of said acts and the rules of court.
, Bankrupt.
No. 811.
APPLICATION FOR CONFIRMATION OF COMPOSITION.
(Form No. 61.)
In the District Court of the United States for the District of
Texas. In the Matter of . . . ., Bankrupt. In Bankruptcy.
To the Honorable , Judge of the District Court of the
United States for the District of Texas :
At , in said district, on the .... day of , A. D. 19 . .
Xow comes , the above named bankrupt, and respectfully
represents to the court that, after he had been examined in open court
(or at a meeting of his creditors) and had filed in court a schedule of
his property and a list of his creditors, as required by law, he offered
terms of composition to his creditors, which terms have been accepted
in writing by a majority in number of all creditors whose claims have
been allowed, which number represents a majority in amount of such
claims; that the consideration to be paid by the bankrupt to his
creditors, the money necessary to pay all debts which have priority, and
the costs of the proceedings, amounting in all to the sum of dol-
lars, has been deposited, subject to the order of the judge, in the
National Bank, of , a designated depository of money
in bankruptcy cases.
Wherefore the said respectfully asks that the said com-
position may be confirmed by the court.
, Bankrupt.
TEXAS CIVIL FORM BOOK. 727
No 812.
ORDER CONFIRMING COMPOSITION.
(Form No. 62.)
In the District Court of the United States for the District of
Texas. In the Matter of , Bankrupt. In Bankruptcy.
An application for the confirmation of the composition offered by the
bankrupt having been filed in court, and it appearing that the composi-
tion has been accepted. by a majority in number of creditors whose
claims have been allowed and of such allowed claims ; and the considera-
tion and the money, required by law to be deposited having been de-
posited as ordered, in such place as was designated by the judge of said
court, and subject to his order ; and it also appearing that it is' for the
best interest of the creditors ; and that the bankrupt has not been guilty
of any of the acts or failed to perform any of the duties which would
be a bar to his discharge, and that the offer and its acceptance are in
good faith and have not been made or procured by any means, promises,
or acts contrary to the acts of Congress relating to bankruptcy: It is
therefore hereby ordered that the said composition be, and it hereby is,
confirmed.
Witness the Honorable , judge of said court, and the
seal thereof, this .... day of , A. D. 19 . .
(Seal of the Court.) , Clerk.
No. 813.
ORDER OF DISTRIBUTION ON COMPOSITION.
(Form No. 63.)
United States of America. In the District Court of the United States
for the District of Texas. In the Matter of
Bankrupt. In Bankruptcy.
The composition offered by the above named bankrupt in this case
having been duly confirmed by the judge of said court, it is hereby
ordered and decreed that the distribution of the deposit shall be made
by the clerk of the court as follows, to wit: First, to pay the several
claims which have priority; second, to pay the costs of proceedings;
third, to pay, according to the terms of the composition, the several
claims of general creditors which have been allowed, and appear upon
a list of allowed claims, on the files in this case, which list is made a
part of this order.
Witness the Honorable , judge of said court, and the
seal thereof, this .... day of , A. D. 19 . .
(Seal of the Court.) , Clerk.
APPENDIX.
RULES FOR THE COURTS OF TEXAS.
Adopted by Order of the Supreme Court, October 8, 1892, as Amended
by Order of the Supreme Court, June 29, 1895; November 8,
1897; December 22, 1898; February 7, 1901; De-
cember 23, 1901, and March 20, 1902.
Now In force, Nov. 1, 1903.
RULES FOR THE SUPREME COURT.
1. Applications for writs of error shall consist of a petition addressed
to this court, embracing specific assignments of error confined to the
points of law presented in the motion for rehearing in the Court of Civil
Appeals; of the original papers containing the conclusions of law and
fact of the latter court (including their statement of the case and opin-
ion) and of the original motion for a rehearing, all of which original
papers, as well as the transcript of the proceedings in the trial court,
and a transcript of the orders and judgment of the Court of Civil
Appeals, and the briefs filed therein, shall accompany the petition. A
motion for a rehearing must be made in the Court of Civil Appeals and
overruled before applying for the writ of error. The petition for the
writ shall be as brief as practicable, and need only contain the requisites
prescribed by the statute. The statement of the case by the Court of
Civil Appeals, their conclusions of fact and law, and their opinion will
be deemed a part of the petition without being referred to therein, and
if it appear therefrom that the case belongs to the class over which as a
general rule the jurisdiction of the Court of Civil Appeals is not made
final by the statute, and that the judgment has been affirmed, the facta
to show jurisdiction in this court need not be alleged, but if it appear
therefrom that the case belongs to either of the classes over which as a
general rule the courts of civil appeals have final jurisdiction, or that
the judgment has been reversed with an order remanding the case, then
the petition must contain averments showing that the case comes within
some one of the exceptions contained in the statutes, so as to make the
jurisdiction of this court apparent. The opinion, together with state-
ment of the case and the conclusions of the Court of Civil Appeals will
be read by the court in connection with the application, so that no
matter will be stated in the petition which appears in such statements,
conclusions and opinion. If in the opinion of counsel the statement of
the case as made by the Court of Civil Appeals is sufficiently full and
accurate to present properly the questions to be determined by the
732 TEXAS CIVIL FORM BOOK.
court, no additional statement should be made under any assignment ;
but if not, then under each assignment counsel will make a statement,
pointing out the alleged omissions, inaccuracies or errors in the court's
statement and conclusions of fact so far as may be deemed necessary to
properly present the question raised by such assignment, and will sup-
port it by reference to the transcript of the proceedings in the trial
court. The reference shall cite the particular part or parts of the
transcript relied upon, noting the page and line, both of the beginning
and of the ending of the matters referred to. Each assignment and
statement, if there be any, may be followed by such argument and
citation of authority as counsel see proper to present.
2. The clerk of this court shall receive all applications for writs of
error, and file the petition and accompanying transcript from the Court
of Civil Appeals, and enter the case upon the docket kept for that pur-
pose, known as the application docket. But he shall not be required
to take the same from the postoffice or an express office unless the post-
age or express charges, as the case may be, shall have been fully paid.
The cases shall be numbered consecutively on the application docket
and the number shall be placed upon the application.
3. The application, when filed in accordance with law, shall be
deemed submitted to the court and ready for disposition, unless the
applicant shall file with his petition a request for time in which to
present a brief or written argument, in which case a period of time not
exceeding ten days may be allowed him for that purpose. The applicant,
should he so select, may cite his authorities in his petition or may file
a separate brief or argument.
4. Upon refusal by this court of an application for a writ of error,
the clerk shall retain the application, together with the transcript and
accompanying papers, for fifteen days from the day of the rendition
of the judgment refusing the writ. At the end of which time, if no
motion for a rehearing has been filed, or upon the overruling or the
dismissal of such motion in case one has been filed, he shall transmit
to the clerk of the Court of Civil Appeals to which the writ of error
was sought to be sued out a certified copy of the orders of this court
denying such application, and overruling the motion for rehearing, in
case such motion has been filed; and shall return the file papers of that
court to the clerk thereof, but shall not return the petition for the writ
of error. A motion for a rehearing of an application is not a matter
of right. But in case one in which some new argument is urged upon
one or more points in the application, or some new authority is cited,
is filed during the term in which the judgment refusing the application
is rendered, it may be considered; provided it be confined to the new
matter presented. Motions for rehearing of applications filed after the
adjournment for the term cannot be considered. The presentation of
any point previously presented in the application, without urging some
new argument or citing some new authority, will be deemed a sufficient
ground for dismissing the motion.
TEXAS CIVIL FORM BOOK. 733
5. If the application be granted, the clerk shall issue a writ of error
to the judges of the court, the judgment of which is sought to be re-
vised, advising them that the writ of error has been granted, and the
clerk shall also issue a citation to the defendant or defendants in error,
or to his or their attorneys of record, notifying him or them that the
writ of error has been granted and of the date thereof, and to appear
and defend the same. Said citation shall be returnable in ten days, and
in the event it be not served, the clerk shall issue other successive cita-
tions until due service is had. Service of the citation upon one attorney
will be deemed service upon all parties represented by him. If no bond
be required the citation and writ of error shall issue immediately upon
the granting of the application. If a bond be required the writ shall
issue upon receipt of the duly certified copy of the bond prescribed by the
statute. Unless further time be allowed by special order of the court
in the particular case the certified copy must be filed in this court within
ten days from the granting of the application. If the copy be not so
filed, the application will be dismissed by the court of its own motion.
5a. AVhenever in any case in which a writ of error has been granted
or in which such writ may hereafter be allowed, it shall be made to
appear to the clerk of this court by the affidavit of a plaintiff in error,
his agent or attorney, that the defendant in error has no attorney of
record and either that he is beyond the limits of the State or that his
residence is unknown, so that it is impracticable to serve citation upon
him in the ordinary method provided by law, it shall be the duty of the
clerk of this court, upon the plaintiff in error making provision for the
payment of the expense thereof, to cause notice of the granting of the
writ to be published once each week for four successive weeks in some
newspaper published in the county in which the case was tried, or a
notice of the granting of the writ may be issued by the clerk of this
court and may be served upon the defendant in error and returned in
the manner provided in articles 1230, 1232 and 1233 of the Revised
Statutes, except no copy of the petition for the writ of error need be
served. Notice given in either of the two modes herein provided shall
have the same effect as service of citation, as provided in rule (> ; and the
publication or service of notice may be proved by the affidavit of any
person, deposited with the clerk and filed among the papers in the cause.
6. When service of the citation in error shall have been had, it shall
be the duty of the clerk to put the case upon the trial docket and to
mark upon the file the number of the case as shown upon such docket.
Cases upon the trial docket shall be numbered consecutively in the order
in which they are entered thereon.
7. Causes in this court will be regularly submitted on Thursday
of each week, though a case may be set down for submission upon
another day by the permission or direction of the court.
8. A case shall stand for submission upon the first regular day of the
submission of causes coming after the expiration of twenty days from
the dav on which the writ of error shall have issued ; provided, the cita-
734 TEXAS CIVIL FORM BOOK.
tion in error shall have been served ten days before such submission day.
If not so served then the case shall be subject to submission on the first
regular submission day which falls ten days after service of the citation.
9. Motions in a case not submitted will be heard on the day next
preceding the submission day for such case and the adverse party will
be required to take notice of all motions filed in the cause on or before
the Tuesday immediately preceding such submission day. Notice shall
be given of all motions filed after that time.
10. The clerk shall keep a motion docket upon which shall be entered
every motion as soon as filed. The motions shall be numbered con-
secutively upon the docket and its number shall be placed on the motion
itself.
11. A party who elects to file in this court a brief in addition to the
brief filed in the Court of Civil Appeals, shall comply as near as may
be with the rules prescribed for briefing causes in the latter court, and
shall confine his briefs to the points raised in the motion for a rehearing
and presented in the application for a writ of error.
12. When any court of civil appeals shall certify to this court any
question for determination, or shall send to this court any cause upon a
certificate of dissent, either upon its own motion or that of any party,
the certificate, in either case, shall be accompanied by the briefs filed
in the Court of Civil Appeals; and the clerk of this court shall, upon
the receipt of the briefs, issue notices to the attorneys whose names
appear thereon of the day on which the question or cause, as the case
may be, shall be set down for submission.
13. The rules prescribed for the Court of Civil Appeals as to the
custody of transcripts, the argument of causes and as to the notices to
attorneys of the disposition of cases shall govern in this court.
CERTIFIED QUESTIONS.
14. When a certified question from a court of civil appeals is
presented to the clerk of this court, he will file and docket it and send
it at once to the consultation room. If the court should determine that
the question is not properly certified under the statute, so as to give
jurisdiction to answer it, it will be dismissed without a hearing. Other-
wise, it will be set down for argument on a day to be fixed by the court
in regular session.
MANDAMUS.
15. Parties desiring a writ of mandamus from this court are required
to cause the petition therefor to be presented to the clerk of the court,
accompanied with a motion that the same be filed and set down for a
hearing, and also accompanied with such written argument in behalf
of the motion as may be desired. The motion will be filed, and, together
with the petition and argument, if any, will be sent at once to the con-
sultation room for the action of the court. If the court should be
TEXAS CIVIL FORM BOOK. 735
clearly of opinion that upon the facts stated in the petition the writ
should not be awarded, the motion will be denied by an order made in
open court and entered upon the minutes. Should the court not be of
that opinion, an order will be passed and entered, requiring the petition
to be filed and fixing a day for the hearing of the cause. The relator
shall also file with his motion a bond with two or more good and suffi-
cient sureties, to be approved by the clerk of this court, in the sum of
$50 ; or in case he be unable to pay the costs, or give security therefor,
an affidavit in lieu of such bond. Such bond shall be conditioned, or in
case of an affidavit, the affidavit shall be such as is required by the
statutes for cost bonds or affidavit in lieu thereof, in suite in the district
court.
RULES FOR THE COURTS OF CIVIL APPEALS.
TRANSCRIPTS.
1. The clerks of the courts of civil appeals shall receive the tran-
scripts delivered and sent to them, and receipt for the same if required,
but they shall not be required to take a transcript out of the postoffice,
or an express office, unless the postage or charges thereon be fully paid.
Upon receipt of the transcript it shall be the duty of the clerk to
examine it in order to ascertain whether or not, in case of an appeal,
notice of appeal and a proper appeal bond or affidavit in lieu thereof
(where bond is required) have been given; and in case of a writ of
error, whether or not the citation in error appears to have been duly
served, and error bond or affidavit in lieu thereof (where such bond is
required) appears to have been filed. If it seem to him that the appeal
or writ of error has not been duly perfected he shall note on the tran-
script the day of its reception and refer the matter to the court. If,
upon such reference, the court shall be of opinion that the transcript
shows that the appeal or writ of error has been duly perfected, they
shall order the transcript to be filed as of the date of its reception. If
not, they shall cause notice of the defect to issue to the attorneys of
record of the appellant or plaintiff in error, as the case may be, to the
end that they may take steps to amend the record, if it can be done,
for doing which a reasonable time shall be allowed. If the transcript
do not show the jurisdiction of the court and if after notice it be not
amended, the case shall be dismissed.
2. The clerk shall indorse his filing upon the transcript, of the date
of its reception, if it comes to his hands properly indorsed, showing who
applied for it, and to whom it was delivered, if presented within ninety
days from the time the appeal or writ of error is perfected. But if it
comes to his hands after the said date, or not so properly indorsed, he
shall, without filing it, make a memorandum upon it of the date of its
reception, and keep it in his office, subject to the order of the person
who sent it, or to the disposition of the court. Said transcript shall
not be filed until a satisfactory showing has been made to the court for
736 TEXAS CIVIL FORM BOOK.
its not being properly indorsed, or for not being received by the clerk
in proper time; and upon this being done it may be ordered by the
court to be filed, upon such terms as may be deemed proper, having
respect to the rights of the opposite party.
3. Either party may file the transcript for which he has applied to
the district clerk, and which has been delivered to him; both of which
facts must appear on the transcript by the indorsement of the district
clerk. If the indorsement shows that it was applied for by one party
and delivered to the other, it must be shown by the indorsement of the
clerk, or otherwise, to entitle ft to be properly filed as the transcript of
the party to whom it was delivered, and that it was delivered to one by
the consent of the other, as each party has the sole right to the tran-
script which he applied for to be made out for him; and if it is so filed
without that fact being shown, the court may strike the case from the
docket as improperly filed, upon its own inspection, or upon motion of
the party to whom the transcript belonged.
4. If both parties file transcripts within the proper time — which
they may do — and that of the appellant or plaintiff in error is properly
made and indorsed, it shall be regarded by the court as the transcript
of the record in the case, and the court will grant the appellee or de-
fendant in error leave to withdraw that filed by him for his own use.
5. If but one party file his transcript in proper time, that shall be
regarded as the transcript of the record in the case.
6. From the time when the transcript, properly made out and in-
dorsed, is filed, it will cease to belong to either party, but will become a
record of the court, subject to its control and disposition.
7. Transcripts in appeal from judgments in proceedings in quo
warranto shall be filed in the Court of Civil Appeals within twenty days
after appeal is perfected, and the first Tuesday following such twentieth
day shall be the day for filing motions in such cases.
7a. If the transcript when filed in the Court of Civil Appeals shall
not be indexed, as required by rule 92 of the rules for the government
of the district courts, the Court of Civil Appeals may cause a proper
index to be made by the clerk of their court, and shall cause the costs
of the same to be taxed against the plaintiff in error or appellant, as the
case may be.
MOTIONS.
8. All motions relating to informalities in the manner of bringing
a case into court shall be filed and entered by the clerk on the motion
docket at least forty-eight hours before 10 o'clock a. m. of the day on
which " the cause is set for a hearing," under section 23 of the act en-
titled "An "act to organize the courts of civil appeals, to define their
jurisdiction and powers, and to prescribe the mode of procedure
therein," approved April 13, 1892; otherwise the objection shall be
considered as waived if it can be waived by the party; such filing and
docketing will be sufficient notice of the motion.
TEXAS CIVIL FORM BOOK.
•
9. Motions to dismiss for want of jurisdiction to try the case, and
for such defects as defeat the jurisdiction in the particular case, and
cannot be waived, shall also be made, filed and docketed at said time.
which filing and docketing shall be notice of the motion; provided, how-
ever, if made afterward, they may be entertained by the court, after
such notice to the opposite party as the court may deem proper to have
been given under the circumstances.
10. Motions, made either to sustain or defeat the jurisdiction of the
court, dependent on facts not apparent in the record and not ex officio
known to the court, must be supported by affidavits or other satisfactory
evidence.
11. Motions for certiorari to perfect the record shall also be made
in the time required in rule s. They must be accompanied with a
sworn statement showing a necessity for the same, unless the record
shows it, the filing and docketing of which shall be notice of the same.
It made afterward, they will be entertained only upon such terms and
upon such notice as the court may deem proper. Unless reason appear
to vary the rule, the party applying, in all cases, will be taxed with
the costs.
12. Motions made to postpone the case to a future day, or to con-
tinue it until the next term, unless consented to by the opposite party,
shall be supported by sufficient cause, verified by affidavit, unless such
sufficient cause is apparent to the court.
13. The motion docket shall be called on the day of each week next
hefore the day set apart for the submission of causes, when the motions
filed and docketed according to the preceding rules will be in order for
submission at the instance of cither party and if not submitted then,
may be submitted at the regular call of the trial docket, unless 'sooner
called up and disposed of.
14. The arguments of counsel upon all motions shall be confined to
a brief explanation of the grounds in the motion, so as to make them
intelligible to the court, with a reference to the statutes and decisions
relating thereto, unless further argument is requested by the court.
15. The clerk, upon filing and docketing a motion, will indorse upon
the motion its number and the number of the case to which it belongs,
which shall also be entered in the motion docket, together with the
attorney's name who makes the motion. Any opposition in the way of
answer to said motion by the opposite party may be filed, and in like
manner indorsed and noted in the motion docket, and the name of the
attorney therein entered.
THE DOCKET.
16. The clerk, before the regular call of the trial docket, sha.ll have
the file number indorsed on each transcript. Where briefs have been
filed in a case, the name of the attorney or attorneys signed to the brief
shal be entered by the clerk on the trial docket, opposite the name of
Form Book — 47.
738 TEXAS CIVIL FORM BOOK.
the appropriate party, and that shall indicate to the court who appears
for such party in the cause.
17. The clerk shall not make such entry of an attorney's name until
he shall have filed his briefs; but he shall permit any attorney who
desires to make an appearance in the case before he files his briefs, or
without filing them at all, to place his name, in his own handwriting,
upon the trial docket, opposite the name of the party for whom he
appears, and that shall be regarded by the court as having whatever
effect is given to the mere appearance of a party to a case in court
without brief filed.
18. The court will not enter upon the docket the names of attorneys
in a case, but counsel desiring their names entered shall see that it is
done under the foregoing rule before the case is called.
19. Counsel desiring to call the attention of the court to a case on
the motion docket or trial docket, not then called in its regular order,
must, before doing so, provide himself with the number of the case on
the docket.
CALLING THE DOCKET.
20. The trial docket will be called in regular order, according to
the filing of the cases as they stand thereon, commencing with the first
of those that have not been previously submitted, but the court shall
not be required to take the submission of a case until the business on
hand will admit of a prompt disposition after the submission has been
taken.
21. Upon the call of the trial docket for the submission of cases,
either party may submit a cause if it appears to have been properly
prepared for submission on his part, unless, for good cause, the court
shall postpone the hearing to a further day, or by agreement of counsel
to a future day of the term, which will not be done so as to interfere
with the business of the court. This rule is subject to exceptional
cases given a preference to under some law or rule of the court, and to
the action of the court on motions for the postponement and continu-
ance of causes.
PREPARING A CAUSE FOR SUBMISSION.
22. A cause will be properly prepared for submission only when a
transcript of the record exhibits a cause prepared for appeal in accord-
ance with the rules prescribed for the government of the district and
county courts, and filed in the court under the rules, with briefs of one
or of both the parties, in accordance with the rules for the government
of the court.
23. Said record should contain an assignment of errors as required
by the statute. If it does not, the court will not consider any error
but one of law that may be apparent upon the record, if the judgment is
one that could legally have been rendered in the .lower court and af-
firmed in the appellate court.
TEXAS CIVIL FORM BOOK. 739
24. The assignment of errors must distinctly specify the grounds of
error relied on, and a ground of error not distinctly specified, in refer-
ence to that which is shown in the record, or not specified at all, shall
be considered as waived, unless it be so fundamental as that the court
would act upon it without ah assignment of errors, as mentioned in
rule 23.
25. To be a distinct specification of error, it must point out that
part of the proceedings contained in the record in which the error is
complained of, in a particular manner, so as to identify it, whether it
be the rulings of the court upon a motion, or upon any particular part
of the pleadings, or upon the admission or the rejection of evidence, or
upon any other matter relating to the cause or its trial, or the portion
of the charge given or refused, the fact or facts in issue which the evi-
dence was incompetent or insufficient to prove, the insufficiency of the
verdict or finding of the jury, if special, and the particular matter in
which the judgment is erroneous or illegal, with such reasonable cer-
tainty as may be practicable, in a succinct and clear statement, consider-
ing the matter referred to.
26. Assignments of error which are expressed only in such general
terms as that the court erred in its rulings upon the pleadings, when
there are more than one, or in its charge, when there are a number of
charges, or the verdict is contrary to law, or to the charge of the court,
and the like, without referring to and identifying the proceedings, will
not be regarded by the court as a compliance with the statute requiring
the grounds to be distinctly specified, and will be considered as a waiver
of errors, the same as if no assignment of errors had been attempted to
be filed.
27. In cases submitted to the judge upon the law and facts, the
assignments of error shall be governed by the same rules as in other
cases, and the party desiring to appeal should, as a predicate for specific
assignments of error, request the judge to state in writing the conclu-
sions of fact found by him separately from the conclusions of law. And
in agreed cases under the statute the foregoing rules as to assignments
of error shall be complied with as fir as practicable.
28. There will be no assignments of error allowed in the appellate
court when none has been filed in the lower court, unless by consent of
parties.
BRIEFS.
29. The appellant, or plaintiff in error, in order to prepare properly
a case for submission when called, shall have filed a brief of the points
relied on in accordance with and confined to the distinct specifications
of error (which assignments shall be copied in the brief) and to such
fundamental errors of law as are apparent upon the record, each ground
of error being separately presented under the proper assignment ; and
each assignment not so copied and accompanied with its appropriate
propositions and statements shall be regarded &» abandoned. The as-
740 TEXAS CIVIL FORM BOOK.
signments as presented in the brief shall be numbered from the first to
the last in their consecutive order; but it is not required that they shall
be presented in the order in which they appear in the original assign-
ment of errors filed in the office of the clerk of the trial court, and the
numbers of such original assignments may be disregarded.
30. The appellant or plaintiff in error, in preparing his brief, shall
make a preliminary statement in general terms of the nature and result
of the suit, such, for example, as the following : " This was an action
of trespass to try title, which was brought by the appellant against the
appellee and in which judgment was rendered for the defendant." This
may, at the option of counsel for the appellant or plaintiff in error, be
followed by a brief statement of the case and such other matters as may
be deemed proper as an introduction to the assignments of error. Then
shall follow the assignments. Each point under each assignment shall
be stated as a proposition unless the assignment itself may sufficiently
disclose the point, in which event it shall be sufficient to copy the
assignment.
31. To each of said propositions there shall be subjoined a brief
statement, in substance, of such proceedings, or part thereof, contained
in the record, as will be necessary and sufficient to explain and support
the proposition, with a reference to the pages of the record. This state-
ment must be made faithfully, in reference to the whole of that which
is in the record having a bearing upon said proposition, upon the pro-
fessional responsibility of the counsel who makes it, and without inter-
mixing with it arguments, reasons, conclusions or inferences. But an
argument bearing only on the propositions submitted may follow each
statement. But it shall be neither necessary nor proper to repeat in
such statement what has already been presented in the general pre-
liminary statement required by the preceding rule. It shall be sufficient
in such case to refer to such preliminary statement by the page or pages
of the brief on which the particular matter is found.
32. The propositions, if more than one under one ground of the
assignment, shall refer to it, and be stated separately.
33. In a proposition relating to the error of the court in overruling
a motion for a new trial or to arrest the judgment, in which there are
several grounds, the particular ground or grounds should be referred to
with the apporpriate explanation; and if the same grounds of error have
been presented in other propositions, it will be unnecessary to repeat
them.
34. In propositions relating to fundamental errors of law apparent
upon the record, enough must be stated to make the error of law which
pervades the case obviously apparent, without requiring the court to
search through the record to find errors, which they will not do unless
properly pointed out, if the judgment is one which the trial court is
competent to render in such a case.
35. When the assignments of error are numerous counsel should
present propositions on those which are most important in the determi-
TKXAS CIVIL FOKM BOOK. 741
nation of the case, waiving those that cannot control the result of the
decision in this court — amongst which may he classed those involving
questions of fact, wherein the evidence is so preponderating, or so con-
flicting, as that the court, under well established rules of decision, would
not set aside the verdict of the jury or judgment of the court upon them.
36. There should be annexed to each proposition, with its statement,
and at the end of it, a reference simply to the authorities relied on, if
any, in support of it, in the following order, to wit: The statutes and
decisions of this State; the statutes and decisions of the United States,
if they are applicable to the case; elementary authorities; other decisions
in the American and English courts. In citing decisions, those most
nearly in point should be cited first, and they should not, usually at
least, be so numerous as to require1 a waste of time in their examination.
37. The brief of the parties, framed in accordance with these rules,
must be signed by the party or his counsel; and if by counsel, it shall
appear for and on behalf of what party or parties, by name, it is signed ;
and the copies thereof filed in the appellate court shall be plainly writ-
ten or printed, and if if covers more than eight pages of foolscap they
shall be printed.
38. Such brief may be amended by a citation of additional authori-
ties to the respective points or propositions made in it, which must be
filed and notice of it given to the counsel for the opposite party, jf in
attendance, one day before the case is called. No other amendment to
the brief shall be allowed by the court, unless it is or can be done with-
out injustice or unreasonable inconvenience being thereby imposed on
the other party.
39. The failure of appellant or plaintiff in error to file an assign-
ment of errors and briefs in the lower court, and in the appellate court
in the time and in the manner prescribed by law and by the rules, shall
be ground for dismissing the appeal or writ of error for want of prose-
cution, by motion made by appellee or defendant in error, as other
motions under rule 8, unless good cause is shown why it was not done
in the time and manner as prescribed, and that they have been filed at
such time and under such circumstances as that the appellee or defend-
ant in error has reasonably not suffered any material injury in the
defense of the case in the appellate court. In deciding said motion the
court will give such direction to the case as will cause the least incon-
venience or damage from such failure so far as practicable.
40. When it shall be found that the rules prescribed for the prepara-
tion of a case for submission have been fully complied with by the
appellant or plaintiff in error, the court will, in its discretion, regard
this brief as a proper presentation of the case, without an examination
of the record as contained in the transcript, and may found its decision
thereon, unless the appellee or defendant in error shall, by the time of
calling of the case, tile in the appellate court copies of his brief, to be
there kept with the transcript, containing his objections, succinctly and
742 TEXAS CIVIL FORM BOOK.
definitely, to the grounds of error as presented in the propositions of
appellant or plaintiff in error in his brief, taking up each of them in
order, and stating such other matters contained in the record, in the
mode prescribed for appellant and plaintiff in error, as may sustain
his objection to each; to which may be added propositions of his own,
supported by like statements of what is in the record, so as to present
his view of the case, citing the proceedings in the transcript, with the
pages, when practicable, to which he refers in his statement.
41. Whatever of the statements of the appellant or plaintiff in error
in his brief is not contested, will be considered as acquiesced in. To
each of his said objections or propositions may be annexed his authorities,
cited in the order indicated for the brief of appellant or plaintiff in
error.
41a. On or before the day fixed for the hearing of the cause as pre-
scribed by section 23 of the act hereinbefore referred to, and before the
opening of the court, four copies of the brief of each of the parties
required to be filed in the office of the clerk of the trial court, shall be
filed with the papers in the cause in the office of the clerk of the Court
of Civil Appeals.
42. When appellant or plaintiff in error has failed to prepare the
case for submission, by the omission of what is required after bond or
affidavit filed for appeal and for writ of error with citation served, the
appellee or defendant in error, before the call of the case, may file in
the appellate court a brief in the manner required of the appellant or
plaintiff in error — except that his propositions will be shaped so as to
show the correctness of the judgment — which the court may, in its
discretion, regard as a correct presentation of the case, without examin-
ing the record further than to see that the judgment is one that can be
affirmed upon the view of the case as presented by appellee or defendant
in error. The appellee or defendant in error shall be entitled to the
custody of the transcript after it is filed in the appellate court, for the
purpose of preparing his brief.
43. The appellee or defendant in error may submit the record upon
a suggestion of delay, upon making a brief statement of the character
of the suit, the proceedings therein, and the judgment rendered, which
will be required in every case of such submission when appellant or
plaintiff in error has filed no brief. If this is done in a case properly
prepared for submission by appellant or plaintiff in error, it will be
considered an acquiescence in the statement of appellant or plaintiff in
error, in his brief, as to the contents of the record, and as merely a
denial of the legal consequences contended for by the appellant or
plaintiff in error, unless the appellee or defendant in error shall also file
a brief, as heretofore provided, which he may do. If the appellant or
plaintiff in error has not prepared the case for submission, the record
will be examined sufficiently to ascertain that it is or is not properly a
delay case, and if found to be a plain case of delay, it will be acted on
as such; but if not, it will be reversed or referred back for a brief, or
TEXAS CIVIL FORM BOOK. ' 743
brief and argument, on one or both sides, as ma}' be directed. In de-
ciding under this rule, where the ease has not been prepared for sub-
mission by the appellant or plaintiff in error, the court will be required
to look only to the substantial merits as they may appear in the record.
44. When affirmance is asked upon certificate filed, there need l>e
nothing more than a request for affirmance, signed by the party or his
counsel. It shall not be submitted sooner than one week after l>eing
filed, if the court should be in session that length of time. The appellee
or defendant in error may be heard on a motion to dismiss the certificate,
or on a motion to file the transcript of the record, or on a motion to
set aside the judgment rendered, as in «other cases of rehearing.
DEFECTIVE BRIEF.
45. In all cases wherein the brief or briefs are found insufficient,
either in a proper presentation -of the facts or proceedings in the case,
or in the reference to the authorities, so as to enable the court to decide
the case, the court may set aside the submission and refer it back, with
such orders for postponement, filing of briefs, reference to authorities,
by one or both parties, and reargument, written or oral, as may l>e
deemed proper. If, however, one party has fully complied with the
rules and has filed a satisfactory brief that will enable the court to de-
cide the case, and the other party is in default, and has not filed a
satisfactory brief in accordance with the rules, the court may, in its
discretion, disregard the latter party's brief, as if not filed in the case,
and act upon that alone which has been filed in accordance with the
rules.
AGREEMENTS OF COUNSEL.
46. All agreements of parties or their counsel relating either to the
merits or conduct of the case in the court, or in reference to a waiver
of any of the requirements prescribed by the rules, looking to the
proper preparation of an appeal or writ of error for a submission, shall
be in writing, signed by the parties or their counsel, and filed with
the transcript or be contained in it, and, to the extent that such agree-
ment may vary the regular order of proceeding, shall be subject to such
crders of the court as may be necessary to secure a proper preparation
for a submission of the case.
ARGUMENTS OF COUNSEL.
47. When the case is properly prepared for submission any party
who has filed briefs in accordance with the rules prescril>ed therefor
may, upon the call of the case for submission, submit an argument to
the court, either oral or plainly written or printed, which, if written or
printed, may be left on file with the transcript, copies of which need
not be furnished unless printed.
744 TEXAS CIVIL FORM BOOK.
48. The arguments must be upon the disputed points, whether of law
or fact, in support of the propositions relied on, on one side, and objec-
tions and counter-propositions on the other, and it must be confined to
them, avoiding any reference or comment upon positions taken in the
trial court, or to other extraneous matters not involved in or pertaining
to that which is found in the record.
49. In referring to statutes, that part directly bearing upon or rele-
vant to the position, should be read at the bar, or stated in the written
or printed arguments, and in citing elementary books or decisions of
courts, the principle should be stated, or so much should be read or
stated as bears directly on or tends to maintain the proposition for which
it is cited in the brief.
50. After the case has been presented to the court by such explana-
tion as may be necessary, each side may be allowed an hour in argument
at the bar, with twenty minutes more in conclusion by the appellant;
and, after being so presented, if the magnitude or importance of the case
or the difficulty of the questions seem to require it, a longer time may
be allowed. Not more than two counsel on each side will be heard,
except upon leave of the court.
51. If counsel for but one party has filed briefs, an argument by
him may be allowed, conformably to the preceding rules, as nearly as
practicable, under the direction of the court:
52. Counsel who argue a case at the bar will be expected to be able
to 'answer questions propounded by the members of the court, relating
to the matters contained in the record, and to the laws or authorities
cited in the argument.
53. Should it be apparent, during the progress of the trial, or
afterward, that the case has not been properly prepared, as shown in
the transcript, or properly presented in the brief or briefs, or that the
law and authorities have not been properly cited, which will enable the
court to decide the case, it may decline to receive the submission, or, if
received, may set it aside and make such orders as may be necessary to
secure a more satisfactory submission of the case; or should it appear
to the court after the submission of the cause, that the statement of
facts has been prepared in violation of the rules, the court may require
the plaintiff in error or appellant to furnish four printed copies of such
statement of facts, and upon his failure to do so may disregard it.' If
the violation of the rule be flagrant, the court may disregard the state-
ment of facts altogether, unless counsel for the appellant or plaintiff in
error shall make it appear by affidavit or otherwise, that he prepared a
statement giving what, in his opinion, he deemed a fair presentation of
the evidence, prepared in accordance with the rules, and that he was
unable to get it agreed to or approved. But should counsel for appel-
lant or plaintiff in error show that he has used due diligence to' have a
proper statement of facts signed and approved, and that the statement
of facts as prepared is the result of the fault of the counsel for the
TEXAS CIVIL FORM BOOK. 745
opposite party, suefi as his failure or refusal to agree to a proper state-
ment presented to him, the costs of printing the statement, if ordered,
shall he taxed against the appellee, or defendant in error, as the case
may he.
53a. If after the submission of the cause the court find that the
transcript is not prepared as required by the rules, and that it contains
matter which should not have been incorporated therein, the court may
in their discretion decline to proceed further with the case until the
appellant or plaintiff in error presents a copy of the transcript from
which all foreign matters have been omitted, and the court may, in
addition thereto, require that such copy shall be printed, and in case
of the failure of such party to comply with the court's order within a
reasonable time, to be specified in such order, the case shall be dismissed.
54. When a case has been properly prepared for submission and a
satisfactory oral argument has been made, the court will promptly
announce its judgment, if practicable, at the next succeeding session
of the court, and, when deemed necessary, deliver a written opinion,
if not then, at some other time during the term of the court.
CUSTODY OF TRANSCRIPT.
55. Neither the transcript nor any of the papers in a case shall be
withdrawn from the custody of the clerk, nor taken from 'his office or
the court room without a receipt left therefor.
56. Cases, while under submission, either on the merits of the appeal
or on motion, are no longer under the control of the attorneys; and,
while so under submission, the clerk will not let the transcripts of such
cases go out of his olh'ce, except on the order of one of the justices of the
court. While not under submission, either before submission or after
decision, the parties or their attorneys may, by complying with rules
55 and 60, obtain possession of the transcript; provided, however, that
when a case has been decided upon the merits of the appeal, no one,
except the losing party or his attorney, shall be allowed to take the
transcript out of the clerk's office until after said party has filed his
motion for a rehearing, or until after the time for filing such motion
has expired,
57. Original papers sent up with the transcript by order of the trial
court for the inspection of the appellate court will be retained in the
office, and will not be allowed to go out of the custody of the clerk,
except by order of one of the justices of the court, which order must
be filed with the papers of the cause.
58. The clerk shall furnish the parties and counsel with an oppor-
tunity, when reasonably applied to for that purpose, to inspect the
records, judgments, papers, opinions, books and dockets in his office in
which they may be interested; hut he shall not be required to permit
copies thereof to be taken without his consent. He shall upon tender
of reasonable compensation give certified copies of the records of his
office.
746 TEXAS CIVIL FORM BOOK.
59. The clerk shall be responsible for every transcript or other
paper, in a cause, that is missing from his office, unless he can produce
the receipt of an attorney for the same, or otherwise show, by satis-
factory evidence, that some one took it from his custody, or from the
court room, without his consent, or that said transcript had passed into
the hands of one of the justices of the court, and had not been returned
to his custody.
60. No attorney shall take, or suffer to be taken, any transcript or
other paper for which he has receipted out of the reach of the court so
that it cannot be produced in court or in the clerk's office when it is
needed.
61. The reporter shall have access to the minutes and judgments of
the court, and shall have custody of the transcripts, briefs and opinions
so long as may be necessar}' to discharge his duties as reporter.
62. In all cases in which appeals or writs of error are dismissed,
the appellant, or party filing the transcript, without further leave of
the court, shall have the right to withdraw the transcript, unless it con-
tains original papers belonging to an adverse party, in which event
leave of court shall be had before such original papers are withdrawn.
REHEARING IN THE COURTS OF CIVIL APPEALS.
63. Motions for rehearing shall be made and conducted strictly in
accordance with the statute, which describes the manner of this pro-
ceeding.
64. Where a court of civil appeals adjourns for the term within less
than fifteen days after the rendition of judgment, the issuance of the
mandate shall, unless otherwise ordered, be withheld until the expira-
tion of said period; and if, within that period, an application for re-
hearing shall be presented to the clerk of the court at that place, the
issuance of mandate shall be further withheld to await the action of the
court on said application.
65. Upon the rendering of the judgment in the Court of Civil
Appeals, as well as upon the making of an order overruling the motion
for a rehearing, the clerk shall_ immediately give notice by postal card
to the attorneys of the respective parties of the disposition made of the
cause or of the motion, as the case may be, for which service he shall tax
the usual fee as a part of the costs in the case. But the mailing of such
notices shall not relieve the parties of the responsibility of taking notice
of the disposition of the cause or motion, and the failure to receive a
notice so mailed shall be no excuse for delay in taking such future action
as may be desired in reference to the case within the time prescribed
by the statutes and rules.
66. Upon the presentation to him of an application for a writ of error
the clerk of the Court of Civil Appeals shall withhold the mandate until
properly advised of the disposition of the case by the Supreme Court.
67. Whenever a court of civil appeals shall decide any question
TEXAS CIVIL FORM BOOK. 747
which may come before it for determination and shall deliver a written
opinion thereon, and shall, upon a motion for a rehearing or upon their
own motion, certify such question for the decision of the Supreme Court,
the original opinion or a copy thereof, as well as a copy of the briefs
of counsel on file in such court, shall accompany the certificate sent up
to the court. If the original opinion be sent up it shall be the duty of
the clerk, when he sends down the answer to the question, to accompany
the same with such original opinion.
RULES FOR THE COURT OF CRIMINAL APPEALS.
1. The clerks of the Court of Criminal Appeals shall be governed
by the rules applicable to the clerks of the Courts of Civil Appeals,
except where a different rule may be prescribed by statute.
2. The rules governing motions, arguments of counsel and applica-
tions for certiorari to complete the record as prescribed for the Courts
of Civil Appeals shall apply to the Court of Criminal Appeals.
RULES FOR THE DISTRICT AND COUNTY COURTS.
PLEADINGS.
1. The pleadings in the district and county courts shall, as prescribed
by statute, be by petition and answer.
2. Pleadings, with the exception of those presenting issues of law,
must be a statement of facts, in contradistinction to a statement of evi-
dence, of legal conclusions, and of arguments. Facts are adequately
represented by terms and modes of expression wrought out by long judi-
cial experience, perpetuated in books of forms, in law and equity, which,
though not authoritatively requisite, may generally be adopted as safe
guides in pleadings. In case of a violation of this rule, to such an
extent as to produce confusion, uncertainty and unnecessary length in
pleading, the court may require the matter set up to be repleaded, so as
to exclude the superfluous parts of it from the record.
THE PETITION.
3. The petition of plaintiff shall consist of an original petition, and
such supplemental petitions as may be necessary in the course of plead-
ing by the parties to the suit, to enable the plaintiff to state all the facts
presenting his cause of action, and such other facts as may be required
to rebut the facts that may be set up in the original and supplemental
answers, a? pleaded by the defendant. The original petition and the
supplemental petitions shall be indorsed, so as to show their respective
positions in the process. of pleading, as "original petition," "plain-
tiff's first supplemental petition," " plaintiff's second supplemental peti-
tion," and so on, to be successively numbered, named and indorsed.
748 TEXAS CIVIL FORM BOOK.
ORIGINAL PETITION.
4. The plaintiff, in the original petition, in addition to the names and
residences of the parties and the relief sought, may state all of his facts,
so as to present together different combinations of facts, amounting to
a cause or causes of action, as has been the usual practice, or he may
state the cause or causes of action in several different counts, each within
itself presenting a combination of facts, specifically amounting to a
single cause of action, which, when so drawn, shall be numbered, so that
an issue may be formed on each one by the answer.
PLAINTIFF'S SUPPLEMENTAL PETITION.
5. The plaintiff's supplemental petitions may contain exceptions,
general denials and the allegations of new facts not before alleged by
him, in reply to those which have been alleged by the defendant.
THE ANSWER.
6. The answer of defendant shall consist of an original answer, and
such supplemental answers as may be necessary, in the course of plead-
ing by the parties to the suit, to enable the defendant to state all of the
exceptions and facts, presenting his defense, as contained in his original
answer, or his cross-action, if one be set up in the original answer, and
such other facts as may be required to rebut the facts that may be stated
in the original and supplemental petitions as pleaded by the plaintiff.
The original answer and the supplemental answers shall be indorsed,
so as to show their respective positions in the process of pleading, as
" original answer," " defendant's first supplemental answer," " defend-
ant's second supplemental answer," and so on, to be successively num-
bered, named and indorsed.
ORIGINAL ANSWER.
7. The original answer may consist of pleas to the jurisdiction, in
abatement, of privilege, or any other dilatory pleas; of exceptions, gen-
eral and special; of general denial, and any other facts in defense by
way of avoidance or estoppel, the same being pleaded in the due order
of pleading, as required by statute: and it may present a cross-action,
which to that extent will place defendant in the attitude of a plaintiff.
Facts in avoidance and estoppel may be stated together, or in several
special pleas, each presenting a distinct defense, and numbered so as to
admit of separate issues to be formed on them.
SUPPLEMENTAL ANSWERS.
8. The defendant's supplemental answers may contain exceptions,
general denial, and the allegations of new facts, not before alleged by
him, in reply to that which has been alleged by the plaintiff.
9. The original petition, first supplemental petition, second supple-
TEXAS CIVIL FORM BOOK. 749
mental petition, and every other, shall each be contained in one instru-
ment of writing, and so with the original answer and each of the sup-
plemental answers.
10. Each supplemental petition or answer, made by either party,
shall be. a response to the last preceding pleading by the other party, and
shall not repeat the facts formerly pleaded further than is necessary as
an introduction to that which is stated in the pleading then being drawn
up. These instruments, to wit, the original petition and its several
supplements, and the original answer and its several supplements, shall,
respectively, constitute separate and distinct parts of the pleadings of
each party; and the position and identity, by number and name, with
the indorsement of each instrument, shall be preserved throughout the
pleadings of either party.
11. Each party who files a supplement of any number (as first, sec-
ond, third, and so on), shall give notice thereof by asking leave of the
court, and filing the same amongst the papers of the cause, with the
appropriate indorsement thereon, indicating its number and name.
AMENDMENT.
j&. An amendment may be made by either party, upon leave of 1 he-
court for that purpose, or in vacation, as prescribed by statute — the
object of an amendment, as contradistinguished from a supplemental
petition or answer, being to add something to, or withdraw something
from, that which has been previously pleaded, so as to perfect that which
is or may be deficient, or to correct that which has been incorrectly
stated by the party making the amendment.
13. The party amending shall point out the instrument, with its
date, sought to be amended, as " original petition," or " plaintiff's first
supplemental petition," or others filed by the plaintiff, or as " original
answer," or " defendant's first supplemental answer " or others filed by
the defendant, and amend such instrument by preparing and filing a
substitute therefor, entire and complete in itself, to be styled and in-
dorsed, "amended original petition," or "amended first supplemental
petition,"" or "amended original answer," or "amended first supple-
mental answer," and so on, accordingly as said instruments of pleading
are designated in rules 3 and 6.
34. Unless the substituted instrument shall be set aside on excep-
tions for a departure in pleading, or on some other ground, the instru-
ment for which it is substituted shall no longer be regarded as a part
of the pleading in the record of the cause, unless some error of the court
in deciding upon the necessity of the amendment, or otherwise in
superseding it, be complained of, and i-xivption be tiikrn to tin- action
of the court, or unless it be necessary to look to the superseded pleading
upon a question of limitation.
15. When either party may have occasion to plead new facts, addi-
tional to those formerly pleaded by him, which constitute an additional
750 TEXAS CIVIL FORM BOOK.
cause of action or defense permissible in the suit, he shall present it as
an amendment to the original petition, or original answer (unless it is
in its nature a response to some pleading of the opposite party), by sub-
stitution, with the proper number, name and indorsement, in the same
manner as other amendments.
16. When either supplement or amendment made to pleading is of
such character, and is presented at such time as to take the opposite
party by surprise (to be judged of by the court), it shall be cause for
imposing the cost of the term upon, and charging the continuance of the
cause (both or either) to the party causing the surprise, if the other
party demand it, and shall make a satisfactory showing, or if it other-
wise be apparent that he is not ready for trial, on account of said sup-
plement or amendment being allowed to be filed by the court.
EXCEPTIONS TO PLEADINGS.
17. General exceptions shall point out the particular instrument in
the pleadings, to wit, the original petition or answer, or the respective
supplements to either ; and in passing upon such general exception every
reasonable intendment arising upon the pleading excepted to shall be
indulged in favor of its sufficiency.
18. A special exception shall not only point out the particular plead-
ing excepted to, but it shall also point out intelligibly the obscurity,
inconsistency, duplicity, generality or other insufficiency in the allega-
tions in the pleading objected to. The general expression that it is
vague, uncertain, and the like, alone shall be regarded as no more than
a general exception.
EXHIBITS IN PLEADING.
19. Notes, accounts, bonds, mortgages, records and all other written
instruments, constituting, in whole or in part, the cause of action sued
on, or the matter set up in defense, may be made a part of the pleadings
by copies thereof, or the originals, being attached and referred to as
such, in aid and explanation of the allegations in the petition or answer
made in reference to said instruments, but will not thereby relieve the
pleader from making the proper allegations of which said exhibits may
be the evidence, in whole or in part. No other instrument of writing,
such as a deed, will, document, record of court, or agreement, which is
not sued on as a cause of action by plaintiff, or set up as matter relied
on in defense by defendant, but is designed to be used only as evidence
of some fact that is alleged, shall be made an exhibit in the pleading;
and when it shall be so attempted, by attaching such instrument and
referring to it as such, the court will, of its own motion, or at the
instance -of a party, cause the instrument to be detached from the plead-
ing and adjudge it to constitute no part thereof, by an order of court
entered of record, at the cost of the party violating this rule, so as to
prevent the pleadings from being incumbered with that which is or may
be only the evidence in the case.
TEXAS CIVIL FORM BOOK. 751
20. The office of a general denial by the defendant is to throw the
burden of proof, as to the allegation denied, on the plaintiff. The de-
fendant cannot be permitted under this plea to introduce special mat-
ters in avoidance or estoppel, in evidence for his defense. And the
same rule prevails when it is filed by plaintiff to facts in the cross-
action or answer of defendant.
MOTIONS.
21. The clerk shall keep a motion docket in which all motions, when
filed, shall be placed, with the names of the parties and counsel, with the
date of filing and its number and the number of the case, which filing
shall be considered notice of said motion before the continuance or final
disposition of the case for the term, except where it is otherwise pro*
vided for by statute.
22. The court will set apart a particular day each week of the term
when the motions previously made, in which proper notice has been
given, shall be determined, if urged, unless for good cause they are post-
poned to a day during the term, or continued by consent to the next
term.
23. When notice shall be given of objections to the form or manner
of taking and returning depositions, either party may require it to be
put on the motion docket and tried as other motions; provided, if not
tried sooner, it shall be decided before either party shall be required to
announce readiness for trial on the facts.
DILATORY PLEAS, MOTIONS AND EXCEPTIONS, WHICH DO NOT GO TO THE
MERITS OF THE CAUSE.
24. All dilatory pleas and all motions and exceptions relating to a
suit pending, which do not go to the merits of the case, shall be tried
at the first term to which the attention of the court shall be called to the
same, unless passed by agreement of parties with the consent of the
court; and all such pleas and motions shall be first called and disposed
of before the main issue on the merits is tried.
MOTIONS AND EXCEPTIONS TO M KBITS.
25. All motions which go to the merits of the case, and all excep-
tions, general and special, which relate to the substance or to the form
of the pleadings, shall be decided at the first term of the court, when
the case is called in the regular order for trial on the docket, if reached,
whether there be an announcement on the facts or not, unless passed
by agreement of parties with the consent of the court.
CALL FOR TRIAL.
26. When the case is called for trial the exceptions, if any remain
undisposed of, shall be presented for determination, and shall then be
decided before proceeding to the trial of the case on the facts, and if
752 TEXAS CIVIL FORM BOOK.
not presented, they shall be adjudged by the court to have been waived,
and shall be so entered on the minutes of the court, the cost of filing
to be taxed against the party filing them, and they shall constitute no
part of the final record, unless some question be raised upon the action
of the court in reference to them, and they are presented in a bill of
exceptions.
27. When the exceptions have been presented and decided leave may
be granted to either or both parties to file an amendment in one instru-
ment of writing separate from those which had been previously filed by
each, which shall close the pleadings in the case to be then determined
by the court, so as to decide all the questions of sufficiency arising upon
them. In making this amendment the party shall refer distinctly to
such instrument as he desires to amend, by name and number, as in the
other amendments, without repleading the whole of it, but shall suc-
cinctly state such additional facts to be added thereto as he may desire,
and this amendment shall be styled and indorsed, " plaintiff's " or " de-
fendant's trial amendment;" but if the case should not be then tried the
party or parties shall replead, as in other cases of amendment.
28. When the questions of law, if any, have been determined by the
court, the judge may, before proceeding to trial, by the aid of the
counsel, have the pleadings that have been held sufficient, or have not
been excepted to, read over, if deemed necessary, and make a brief
memorandum of the facts stated, or issue presented in the pleadings, and
may read them out before the trial commences, so as to inform the
parties of the view which is entertained by the judge of the matters of
fact in issue as presented by their pleadings.
29. The court, when deemed necessary in any case, may order a re-
pleader on the part of one or both of the parties, in order to make their
pleadings substantially conform to the rules.
30. These rules of pleading shall apply equally, so far as it may be
practicable to apply them, to interveners and to parties, when more than
one, who may plead separately.
TRIAL OF THE CASE.
31. The plaintiff shall have the right to open and conclude, both in
adducing his evidence and in the argument, unless the burden of proof
of the whole case under the pleadings rests upon the defendant, or unless
the defendant, or all of the defendants, if there should be more than
one, shall, after the issues of fact are settled and before the trial com-
mences, admit that the plaintiff has a good cause of action as set forth
in the petition, except so far as it may be defeated, in whole or in part,
by the facts of the answer constituting a good defense, which may be
established on the trial; which admission shall be entered of record,
when the defendant, or the defendants, if more than one, shall have the
right to open and conclude in adducing the evidence and in the argu-
ment of the cause.
TEXAS CIVIL FORM BOOK. 753
32. The court shall not be required to allow a case to go to trial on
the facts, when the pleadings are obviously so defective that a material
issue has not been formed, and in such case the court shall call the
attention of the parties to such immaterial or defective issue, so that
the time of the court may not be wasted.
33. A party who abandons any part of his cause of action or defense,
as contained in the pleadings, may have that fact entered of record, so
as to show that the matters therein were not tried, and he shall be taxed
with the cost incurred upon such pleading so abandoned. He shall
also be taxed with the cost incurred upon pleading, in support of which
no evidence was offered, to be determined by the court on motion at the
term of the trial, and not afterward.
COUNSEL AND ARGUMENTS.
34. Counsel for plaintiff, or for defendant, when he holds the affirm-
ative of the issue, shall have the right to open and conclude, but if he
waives the right to open the argument he shall not have the right to
conclude. This rule will apply to motions, exceptions to evidence, and
all other matters presented to the court, except in rules to show cause,
in which the party called on shall begin and end his cause.
35. An application for first continuance shall not be argued.
30. In all arguments, and especially in arguments on the trial of the
case, the counsel opening shall present his whole case as he relies on it,
both of law and facts, and shall be heard in the concluding argument
only in reply to the counsel on the other side.
37. Counsel for an intervener shall occupy the position in the argu-
ment assigned by the court, according to the nature of the claim.
38. Arguments on questions of law shall be addressed to the court,
and counsel shall state the substance of the authorities referred to with-
out reading more from books than may be necessary to verify the state-
ment. On a question on motions, exceptions to the evidence and other
incidental matters, the counsel will be allowed only such argument as
may be necessary to present clearly the question raised, and refer to the
authorities on it, unless further discussion is invited by the court.
39. Arguments on the facts should be addressed to the jury, when
one is impaneled in a case that is being tried, under the supervision of
the court. Counsel shall be required to confine the argument strictly to
the evidence and to the arguments of opposing counsel. Mere jn?rsonal
criticism by counsel upon each other shall be avoided, and, when in-
dulged in, shall be promptly corrected as a contempt of court.
40. Side-bar remarks and remarks by counsel of one side, not ad-
dressed to the court, while the counsel on the other side is examining
witness or arguing any question to the court, or addressing the jury,
will be rigidly repressed by the court.
41. The court will not be required to wait for objections to be made
when the rules as to arguments are violated : but should they not be
Form Book — 48.
754 TEXAS CIVIL FORM BOOK.
noticed and corrected by the court, opposing counsel may ask leave of the
court to rise and present his point of objection. But the court shall
protect counsel from any unnecessary interruption made on frivolous
and unimportant grounds.
42. It shall be the duty of every counsel to address the court from
his place at the bar, and, in addressing the court, to rise to his feet;
and while engaged in the trial of a case he shall remain at his place in
the bar.
43. But one counsel on each side shall examine and cross-examine
the same witness, except on leave granted.
44. No more than two counsel on each side shall be heard on any
question or on the trial, except in important cases, and upon special
leave of the court.
45. The attorney first emplo}red shall be considered the leading
counsel in the case and, if present, shall have control in the manage-
ment of the cause, unless a change is made by the party himself, to be
entered of record.
46. An attorney of record is one who has appeared in the case, as
evidenced by his name subscribed to the pleadings or to some agreement
of the parties filed in the case; and he shall be considered to have con-
tinued as such attorney to the end of the suit in the trial court, unless
there is something appearing to the contrary in the record.
47. No agreement between attorneys or parties touching any suit
pending will be enforced, unless it be in writing, signed and filed with
the papers as part of the record, or unless it be made in open court and
entered of record.
48. Counsel of the party for whom a judgment is to be rendered shall
prepare the form of the judgment to be entered and submit it to the
court.
49. Absence of counsel will be no good cause for continuance or
postponement of the cause when called for trial, except to be allowed
in the discretion of the court, upon cause shown or upon matters within
the knowledge or information of the judge, to be stated on the record.
50. No attorney or other officer of the court shall be surety in any
cause pending in the court, except under special leave of court.
51. Any attorney who shall bring a fictitious suit as an experiment
to get an opinion of the court, or who shall file any fictitious pleading
in a cause for such a purpose, or shall make statements in pleading,
presenting a state of case which he knows to be groundless and false,
for the purpose of securing a delay of the trial of the cause, shall be
held guilty of a contempt; and the court, of its own motion, or at the
instance of any party, will direct an inquiry to ascertain the facts.
52. After the court has pronounced its opinion upon a question made
no further argument will be heard; but if counsel think the court has
fallen into error as to law or fact they may submit a statement in writ-
ing, which the court will receive and consider.
TEXAS CIVIL FORM BOOK. 755
BILLS OF EXCEPTION.
53. There shall be no bills of exception taken to the judgments of
the court, rendered upon those matters, which, at common law, consti-
tute the record proper in the case, as the citation, petition, answer, and
their supplements and amendments, and motions for a new trial, or in
arrest of judgment and final judgment.
54. The charges of the court that are given, and those asked that
are refused, when signed by the judge and iiled by the clerk, being made
thereby a part of the record by statute, should not, in civil causes, be
made a part of a bill of exceptions.
55. The rulings of the court upon applications for continuance and
for change of venue, and other incidental motions, and upon the admis-
sion or rejection of evidence, and upon other proceedings in the case not
embraced in the two preceding rules, when sought to be complained of
as erroneous, must be presented in a bill of exceptions, signed by the
judge and filed by the clerk, or otherwise made according to the statute1,
and they will thereby become a part of the record of the cause, and not
otherwise.
56. Exceptions to evidence, admitted over objections made to it on
the trial, may be embraced in the statement of facts, in connection with
the evidence objected to, provided the statement of facts be presented
to the judge within the time allowed for presenting bills of exceptions,
and be filed in term time.
57. Exceptions to the admission of evidence on the trial, where no
reason is assigned for objecting to it, shall not l)e sustained where the
evidence is obviously competent and admissible, as tending to prove
any of the facts put in issue in the pleadings; and in all cases the court,
when deemed necessary, may call upon the party offering the evidence to
explain the object of its admission, and also upon the party excepting,
the reason of his objections, which, when done in either or both cases,
may form a part of the bill of exceptions.
58. Exceptions to the admission of evidence, where the ground of
objection is assigned,, shall be considered in reference to the objection
made to it, and the objection shall be stated in the bill of exceptions
taken to its admission or exclusion.
59. Bills of exception must state enough of the evidence, or facts
proved in the case to make intelligible the ruling of the court exeepted
to in reference to the issue made by the pleadings.
60. When exception? are made to the admission or exclusion of the
evidence on the trial before the court or lx>fore the jury, the exceptions
will be then decided, after such argument as the court may allow, and
a memorandum of the point ruled on will then l>e made by the judge,
if the bills of exception are not then prepared and signed, which ordi-
narily should be done.
CHARGE OF THE COURT.
61. When the pleading of either or both parties contains several
combinations of facts, either together or in several counts or pleas, each
756 TEXAS CIVIL FORM BOOK.
of which constitutes a cause of action or ground of defense, and is
sufficiently supported by the evidence to require a charge, and upon
which an issue has been formed, the charge should be so framed as to
present to the jury and require a finding by them upon the issue made,
upon each of said combinations of facts so contained in the pleadings,
which may be necessary to a decision of the case.
62. When a full charge upon the issues has been made, so far as the
evidence adduced tending to establish them may require, the court
should not encourage the asking of additional charges covering the same
ground substantially, and charges asked and not given should not be
read in the hearing of the jury, or taken by the jury in their retirement.
JUDGMENT.
63. The entry of the judgment should carefully recite the finding
of the jury, or the several findings, if more than one, upon which the
judgment of the court is based.
64. The entry of the judgment shall contain the full names of the
parties, as stated in the pleadings, for and against whom the judgment
is rendered.
65. Judgments rendered upon questions raised upon citations, plead-
ings and all other proceedings, constituting the record proper as known
at common law, must be entered at the date of each term wh^n pro-
nounced.
66. A cause that has been submitted for trial to the judge on the law
and facts shall be determined and judgment rendered therein during the
term at which it has been submitted, and at least two days before the
end of the term, if it has been tried and submitted one day before that
time, unless it is continued after such submission for trial, by the con-
sent of the parties placed on the record, and in such event a statement
of facts and bills of exception shall be prepared and filed upon a re-
quest in writing by either party.
MOTIONS FOR NEW TRIAL AND IN ARREST t)F JUDGMENT.
67. Each ground of a motion for a new trial or in arrest of judgment
shall briefly refer to that part of the ruling of the court, charge given to
the jury, or charge refused, admission or rejection of evidence, or other
proceedings which are designed to be complained of, in such way as that
the point of objection can be clearly identified and understood by the
court.
68. Grounds of objections couched in general terms — as that the
court erred in its charge,, and in sustaining or overruling exceptions to
the pleadings, and in excluding or admitting evidence, the verdict of the
jury is contrary to the evidence, the verdict of the jury is contrary to
law, and the like — shall not be considered by the court.
69. When the case is determined by the judge without a jury, counsel
in making a motion for new trial shall specify succinctly the supposed
TEXAS CIVIL FORM BOOK. 757
errors of law or fact, or both, into which the judge has fallen, as far at
may be practicable to do so.
70. In motions for continuance, for the change of venue, and other
preliminary motions made and filed in the progress of the cause, the
rulings of the court thereon shall l>e considered as acquiesced in, unless
presented in a bill of exceptions; and the rulings thereon shall be made
a ground of objection in motions for new trial or in arrest of judgment,
if they are desired to be relied on as grounds of error.
71. Motions for new trial and in arrest of judgment shall be deter-
mined on motion day of each week of the term, unless postponed to the
next motion day, or, for good cause shown, to a sul>sequent day, and not
later than two entire days before the adjournment of the court, at which
time all such motions previously filed shall be determined.
THE STATEMENT OF FACTS.
72. "Where the evidence adduced upon the trial of a cause is sufficient
to establish a fact or facts alleged by either party, the testimony of wit-
nesses, and the deeds, wills, records, or other written instruments, ad-
mitted as evidence, relating thereto, should not be stated or copied in
detail into a statement of facts, but the facts thus established should be
stated as facts proved in the case; provided, an instrument, such as a
note or other contract, mortgage or deed of trust, that constitutes the
cause of action, on which the petition, or answer, or cross-bill, or inter-
vention is found, may be copied once in the statement of facts.
73. When there is any reasonable doubt of the sufficiency of the evi-
dence to constitute proof of any one fact under the preceding rule, there
may then be inserted such of the testimony of the witnesses and written
instruments, or parts thereof, as relate to such facts.
74. When it becomes necessary to insert in a statement of facts any
instrument in writing, the same shall be copied into the statement of
facts before it is signed by the judge, and instruments therein only re-
ferred to and directed to be copied shall not be deemed a part of the
record.
75. Where there is no dispute about, or question made upon, the
validity or correctness in the form of a deed, or its record, a will or its
probate, record of a court, or any written instrument adduced in evi-
dence, it should be described (and not copied), or its legal effect as
evidence stated, as a fact established.
76. When questions are raised on such instruments as are mentioned
in the preceding rules, only so much or such parts of them shall be
copied into the statement of facts as may l>e necessary to present the
question, and the balance of them shall only be described, or presented,
as prescribed in the preceding rule.
77. The commissions, notices and interrogatories in deposition, ad-
duced in evidence, shall in no case be inserted or copied into a statement
of facts, but the evidence thus taken and admitted shall appear in the
758 TEXAS CIVIL FORM BOOK.
statement of facts, in the same manner as though the witness had been on
the stand in giving his evidence, and not otherwise, in form or substance.
78. Xeither the notes of a stenographer taken upon the trial, nor a
cepy thereof made at length, shall be filed as a statement of facts; but
the statement made therefrom shall be condensed throughout in accord-
ance with the spirit of the foregoing rules upon this subject.
CLERKS.
79. The clerks of the district and county courts shall keep a court
docket, in a well-bound book, ruled into columns, in which they shall
enter, in the first column, number of case, and name of attorney ; second,
names of the parties; third, nature of the action; fourth, the pleas;
fifth, rulings of former terms; sixth, the motions and rulings of the
present term.
80. The cases shall be placed on the docket as they are filed.
81. The clerk shall at each term make out two copies of this docket,
oac for the use of the court, and one for the use of the bar.
82. In preparing the court docket, it shall be the duty of the clerk to
designate the suits by regular consecutive numbers, called file numbers,
and he shall mark on each paper in even- case, the file number of the
cause.
83. In every case appealed to a court of civil appeals, the clerk shall,
in making up the docket at each succeeding term, keep the said cause in
its proper place on the docket for disposition after being decided ; and at
the next term after issuing a writ of error, the clerk shall replace the
cause on the docket, with its original file number.
84. In making a complete record, as prescribed by statute, all the
proceedings in the case shall be entered in the order of time in which
they occur ; provided, amended pleadings shall take the place of those for
which they are substituted, and the pleading thus superseded (except
such as are specified in rule 14), and those that are abandoned as shown
by an order«or judgment of the court, shall be left out of the record.
TRANSCRIPT OX APPEAL OR WRIT OF ERROR.
85. In making a transcript, the proceedings shall be entered in the
order of time in which they occurred, as prescribed in the preceding rule,
unless, with the approval of the judge, counsel on each side shall agree in
writing, to be itself filed and copied in the transcript, directing the clerk
which of the papers may be left out, as being useless in the decision of
the case ; provided, subprenas shall not be inserted, nor shall the citations,
in cases where the defendant or defendants have filed answers, unless
some question is made upon them which will require them to be copied.
86. All bills of exceptions and statements of facts shall be literally
transcribed; and the clerks are hereby prohibited from copying as parts
of the same any instrument in writing, or document not originally in-
serted therein, but merely referred to and directed to be copied from
some other paper in the case.
TEXAS CIVIL FORM BOOK. 759
87. In copying the proceedings inserted in the transcript, there shall
be a space left between them, so that each one can readily be distin-
guished.
88. On the left hand margin of the page of each proceeding the clerk
shall note its name, and the date of its occurring or being filed. This
may be dispensed with in printed transcripts; but in all cases the clerk
shall copy, in connection with each paper filed, the file mark subscribed
or indorsed thereon.
89. The pages shall be numbered at the bottom, on the left hand of
each page.
90. The transcript may be either written or printed. If written, it
shall be on good white paper, with black ink, in a plain, round hand, not
confused by running words together or by flourishes, and with sufficient
space between the lines to be easily read, and on one side only of each
sheet of paper, with no sheets cut or mutilated, and the sheets shall be
entire and filled with writing, so as to leave no blanks larger than the
i-rdinary spaces left between the different proceedings to distinctly sepa-
rate them; and all the sheets upon which it is written shall be fastened
together at the upper end with tape, ribbon, or something of the kind,
and sealed over the tie with the seal of the court. When the transcript
is printed it must be on both sides of the paper, in not less than small
pica type, bound and paged in pamphlet form, of octavo size, and
fastened at the back with the tie and seal of the court; but in oihcr
respects shall conform to the rules laid down for written transcripts.
91. The caption of the transcript shall be in the following form, to
wit:
•" THE STATE OF TEXAS,
" County of
"At a term of the District [or County] Court, begun and holden
.at , within and for the county of , before the Hon.
, and ending on the .... day of , A. D , the
following case came on for trial, to wit:
" A. B., plaintiff,
v.
" C. D., defendant."
92. There shall be an index on the first pages preceding the caption,
giving the name and page of each proceeding, including the name and
page of each instrument in writing and agreement, and the testimony of
each witness in the statement of facts, as it appears in the transcript.
The index shall not be alphabetical, but shall conform to the order in
which the proceedings appear as transcril>ed.
93. The transcript shall contain a bill of costs, regularly made out
and copied.
94. It shall conclude with a certificate, under the seal of the court,
that it contains a true copy of all the proceedings in the cause, and shall
be dated and signed officially by the clerk.
760 TEXAS CIVIL FORM BOOK.
95. The clerk having made a transcript, upon the application of
either party or his counsel, as prescribed in case of appeal, and in case of
writ of error, as directed by law, shall deliver it to such party or his
counsel when so made out, on demand, such delivery as to the appellant
or plaintiff in error to be made to him or his counsel within sixty days
from the perfection of the appeal or the service of the writ of error.
96. The notice of appeal and giving a bond on an appeal, and the
filing of a petition and bond for writ of error, and the service of cita-
tions, will be regarded as an application to the clerk to prepare at once a
transcript of the record for the appellant, or plaintiff in error, without
further application.
97. The appellee, or defendant in error, or his counsel, to be entitled
to a transcript of the record, shall specially make an application to the
clerk to make it out for him.
98. The clerk, having prepared a transcript, shall indorse upon it as
follows, to wit :
" J. K., Appellant, or Plaintiff in Error,
v.
" N". M., Appellee, or Defendant in Error.
" From County."
And on delivery of it to the party, or to his counsel, who had applied
for it, he shall in all cases indorse upon it, before it finally leaves his
hands, as follows:
" Applied for by P. S. on the .... day of , A. D , and
delivered to P. S. on the .... day of ., A. D ," and shall
sign his name officially thereto. The same indorsement shall be made
on certificates for affirmance of the judgment.
99. Unless when specially directed by statute, the clerk of a trial
court is not bound to transmit any transcript to a court of civil appeals.
100. When the clerk shall have presented a transcript for examina-
tion to the party or his counsel who has applied for it, and it is found,
in any particular whatever, to have been made out in violation of any
of the preceding requirements, he shall be at liberty to return it as not
being a complete and properly prepared transcript, in time for correc-
tion by the clerk. And the reception of it by the party or his counsel,
without being so returned for such purpose, will be regarded as an
assumption by him of all the responsibility for any and all deficiencies
found in the transcript, resulting from the violation of these rules or of
Ihe statutes.
ASSIGNMENTS OF ERRORS.
101. The appellant or plaintiff in error shall file his assignments
of error in the trial court as prescribed by statute; and the appellee or
defendant in error may file cross-assignments with the clerk of the trial
court when he files his brief, which assignments may be incorporated in
his brief and need not be copied in the transcript. In such case one of
TEXAS CIVIL FORM BOOK. 761
the copies filed in the courts of civil appeals shall contain a certificate
of the clerk of the trial court showing that it is a copy of the brief filed
in his office, and the date of its filing.
BRIEFS.
102. Appellant or plaintiff in error shall file a copy of his brief in
the trial court as directed by statute, which shall be received by the
clerk, and he shall indorse upon it his filing, with the date of its
delivery to him, and keep it among the papers of the cause, subject to
inspection, in his office, by any of the parties or their counsel, and shall,
upon request, deliver a certified copy of it, and of his filing, with its
date; or if copies thereof shall be presented to him, he shall certify
thereto for the party requesting it, but it shall not be copied in the
transcript.
JURISDICTION OF THE DISTRICT COURT OVER APPEALS OR WRITS OF ERROR.
103. When there shall be no bond or affidavit filed the appeal or writ
of error shall be considered as abandoned.
104. When no transcript of the record or no certificate for affirm-
ance has been filed in a court of civil appeals, at the term of the court
to which the appeal or writ of error in which citation has been served
is returnable, the appeal or writ of error shall be considered as aban-
doned, of which the certificate of the proper clerk of the appellate court,
given at the end of said term, that no such case has been filed in said
court, shall be prima facie evidence.
105. Rules for the government of the district and county courts,
heretofore made and published, shall be superseded from and after the
time when these rules shall go into effect.
RULES OF THE DISTRICT COURT IN APPEALS IN ADMINISTRATION CASES
FROM THE COUNTY COURT.
106. Motions to dismiss appeals shall be placed on the motion docket
and determined as other motions.
107. Motions for certiorari to perfect the record shall be accompanied
by a sworn statement, showing in what particular the transcript is
defective, unless it shall sufficiently appear by the record itself. The
cost of the motion and additional record, and of the term, if it causes
a continuance of the case, shall be taxed against the appellant, whose
duty it is to have a correct record filed, at the discretion of the court.
108. In appeals from the county court in cases pertaining to the
estates of deceased persons, the transcript shall not contain anything
which does not relate to the order, decision or judgment appealed from.
Where the appeal has been taken by the same person from more than
one order, decision or judgment entered of record in the same estate, at
the same term of the county court, all of the proceedings in each appeal
being kept distinct, may be embraced in the same transcript.
762 TEXAS CIVIL FORM BOOK.
RULES GOVERNING IN CRIMINAL CASES IN COUNTY AND DISTRICT COURTS.
109. The clerks of the district and county courts shall record the
proceedings had in their courts in the order of time in which they
occur.
110. The record should show, and it should appear in the transcripts
of the record for the Court of Criminal Appeals :
First. That the indictment was presented in open court, a quorum
of the grand jury being present.
Second. That the defendant pleaded to the indictment, or that a plea
was entered for him.
Third. In capital felonies, that the defendant was arraigned and
pleaded, or that, upon his refusal to plead, a plea was entered by the
court.
Fourth. That the jury trying the cause was impaneled and sworn
according to law.
Fifth. That a final judgment was entered in the cause.
111. Transcripts of the record for the Court of Criminal Appeals
shall not be encumbered with copies of capiases, bonds, recognizances,
subpoenas, attachments for witnesses, or any of the proceedings had on
a former trial, where a new trial has been granted, unless there is some
question expressly raised on the trial, with reference to such proceedings,
uhich requires revision in the Court of Criminal Appeals, or in scire
facias cases, on appeal or writ of error.
112. In preparing transcripts the following order shall be observed,
to wit:
First. The index, which must refer to the proceedings in the order
they appear in the record.
Second. The caption, which shall be as follows : " The State of
Texas, county of ........ At a term of the ....... Court, begun and
holden within and for the county of ........ , at ........ , on the ....
day of ...... , A. D ..... , and which adjourned on the .... day of
...... , A. D ..... , the Hon ............. , judge thereof, presiding,
the following cause came on for trial, to wit:
The State of Texas
Xo. . . v.
Third. The time and manner of the presentation of indictment.
Fourth. The indictment or information.
Fifth. The pleas of defendant.
Sixth. The verdict and judgment.
Seventh. The statement of facts.
Eighth. The charge of the court.
Ninth. The charges refused.
Tenth. Bills of exception.
Eleventh. Motion for new trial, and motion in arrest of judgment,
and notice of appeal.
TEXAS CIVIL FOBM BOOK. 763
Twelfth. Such other pleas, motions and orders as are made during
the trial of the cause.
Thirteenth. Final judgment [or in a misdemeanor case the recog-
nizance or statement that defendant is in jail].
Fourteenth. Assignment of errors, if any are filed, and request, if
any, to send transcript to a branch of the court other than that to which
the appeal is returnable.
Fifteenth. Certificate of the clerk, under the seal of the court, which
shall certify that the transcript contains a true copy of all the proceed-
ings had in the cause.
113. In preparing the transcript the following directions must also
be observed: It shall be written on good paper, on one side only, in
a neat, legible hand, free from erasures and interlineations, leaving a
margin of sufficient width, in which margin the clerk shall note the
name of each proceeding, and the time of its occurring or being filed,
and at the left-hand lower corner mark the number of each page. At
the end of each paper must be copied the file marks indorsed thereon,
and a space should be left between the record of each separate paper
or proceeding.
114. The transcript must be fastened at the upper end with tape or
ribbon, and sealed over the tie with the seal of the court, and folded and
indorsed as follows :
"A. B., Appellant,
v.
"The State, Appellee.
" From County District [or County Court], A. D "
115. The statement of facts must contain a full and complete state-
ment of all facts in evidence on the trial of the cause, including copies
of all papers, documents, and exhibits adduced in evidence, also the
proof of venue and identification of defendant.
116. The transcript of the record, where defendant has been con-
victed of a misdemeanor, must be delivered to the party appealing, or
his counsel, but if not applied for before the twentieth day before the
commencement of the term of the Court of Criminal Appeals to which
the appeal is returnable, the clerk shall transmit the same by mail,
paying the postage thereon to the clerk of the Court of Criminal Appeals.
117. Transcripts of the record, where defendants have been con-
victed of a felony, shall be prepared withjn twenty days after the ad-
journment of the court, and sent by mail, postpaid, to the clerk of the
Court of Criminal Appeals, at the branch to which the appeal is return-
able. But where the defendant or his counsel directs the transcript to
He sent to a branch of the court where the term is held before the term
to which the appeal is returnable by law, the clerk shall so transmit it,
and send with such transcript a certified copy of such order or direction.
118. The clerk shall, immediately after the adjournment of the court
at which appeals in criminal cnsos are taken. make out n certificate under
764 TEXAS CIVIL FORM BOOK.
his seal of office, exhibiting a list of all such cases where the defendant
has appealed. This certificate shall show the style of the cause upon
the docket, the offense of which the defendant stands convicted, the day
on which the judgment was rendered, and the day on which the appeal
was taken, which list he shall transmit to the Attorney-General at
Austin.
119. It shall be the duty of the district and county attorneys to see
that the judgments in criminal cases are properly entered by the clerks,
and, when practicable, they should be present when the minutes are read.
GENERAL RULES.
1. Any supposed violation of the rules prescribed in the conduct of
a cause, to the prejudice of a party, may be reserved by bill of exception,
presented as a ground for new trial, and assigned as error by the party
who may conceive himself aggrieved by such supposed violation.
2. The foregoing rules shall go into effect and be in force in all the
courts of the State, to which they are applicable, from and after this
date (October 8, 1892) ; but shall not affect cases pending in the Supreme
Court at the time of the organization of the courts of civil appeals,
which cases shall be controlled by the rules for the government of the
Supreme Court at the time the appeals in such cases were perfected.
Except as to such cases, all former rules are hereby superseded.
CLERK'S OFFICE, SUPREME COURT,
AUSTIN, TEXAS, November 1, 1902.
I, F. T. Connerly, clerk of the Supreme Court of Texas, hereby certify
that the above and foregoing thirty-six pages contain a true and correct
copy of the rules adopted by this court on the 8th day of October, 1892,
together with all amendments made thereto up to this date for the
government of the courts of Texas. I further certify that all of said
rules and amendments are now in force and effect.
WITNESS MY HAND and the seal of said court this the first day of
November, A. D. 1902.
(Seal.) F. T. COXXERLY, Clerk.
APPELLATE JURISDICTION OF SUPREME COURT.
SUPREME COURT — WRITS OF ERROR TO COURTS OF CIVIL APPEALS.
SECTION 1. Be it enacted by tlie Legislature of the State of Texas:
That article 101 la of the Revised Civil Statutes of Texas, as amended
by chapter 14 of the acts of the special session of the Twenty-second
Legislature, be amended so as to read as follows:
Article lOlla. All cases shall be carried up to the Supreme Court
by writs of error upon final judgment, and not on judgments reversing
and remanding cases, except in the following cases, to wit :
1. Where the State is a party or where the railroad commissioners
are parties.
TEXAS CIVIL FOBM BOOK. 765
2. Cases which involve the construction and application of the Con-
stitution of the United States or of the State of Texas, or of an act of
Congress.
3. Cases which involve the validity of a statute of the State.
4. Cases involving the title to a State office.
5. Cases in which a court of civil appeals overrules its own decision
or the decision of another court of civil appeals or of the Supreme
Court.
6. Cases in which the judges of any court of civil appeals may
disagree.
7. Cases in which any two of the courts of civil appeals may hold
differently on the same question of law.
8. When the judgment of the Court of Civil Appeals reversing a
judgment practically settles the case, and this fact is shown in the peti-
tion for writ of error, and the attorneys for petitioners shall state that
the decision of the Court of Civil Appeals practically settles the case,
in which case, if the Supreme Court affirms the decision of the Court of
Civil Appeal?, it shall also render final judgment accordingly.
Whereas, there are a great number of bills now pending, and the ses-
sion is nearing its close, therefore, there exists an imperative public
necessity and emergency that the constitutional rule requiring bills to
be read on three several days be suspended, and that this act take effect
from and after its passage, and it is so enacted.
Approved May 6, 1895.
PROCEDURE TO OBTAIN WRIT OF ERROR IN SUPREME COURT.
SUPREME COURT WRITS OF ERROR TO COURTS OF CIVIL APPEALS.
SECTION 1. Be it enacted by the Legislature of the St>ite of Texas:
That article 101 Ib of the Ite vised Civil Statutes of Texas, as amended
by chapter 14 of the acts of the special session of the Twenty-second
Legislature, be amended so as to read as follows:
Article lOllb. Any party desiring to sue out a writ of error before
the Supreme Court shall present his petition addressed to said court,
stating the nature of his case and the grounds upon which the writ of
error is prayed for, and showing that the Supreme Court has jurisdic-
tion thereof; and the petition shall contain such other requisites as may
be prescribed by the Supreme Court. The petition shall be tiled with
the clerk of the Court of Civil Appeals within thirty days from tho
overruling of the motion for rehearing, and thereupon the said clerk of
the Court of Civil Appeals shall note upon bis record the filing of said
application, and shall forward to the clerk of the Supreme Court the
said application, together with the original record in the case, and the
opinions of the Court of Civil Appeals, and the motion filed therein, and
certified copies of the judgments and orders of the Court of Civil
Appeals; provided, that the party applying for the writ of error shall
deposit with the clerk of the Court of Civil Appeals a sum sufficient to
766 TEXAS CIVIL FORM BOOK.
pay the expressage or carriage of the said record to and from the clerk
of the Supreme Court, which sum shall be charged as costs in the suit.
If the writ of error be granted and the plaintiff in error has given no
bond, then the Supreme Court in granting the writ shall specify what
bond shall be given, and the plaintiff in error shall file said bond in the
trial court, to be approved by the clerk of said court, and a certified
copy thereof shall at once be transmitted to the Supreme Court, and
upon the filing of said certified copy the clerk of the Supreme Court
shall issue the citation in error as may be prescribed by the rules of the
Supreme Court.
Approved May 6, 1895.
INDEX
Form No. Page.
Adoption of heir 1 1
AFFIDAVITS, OATHS AND AFFIRMATIONS.
Affidavit 2 1
Affidavit to an account 3 2
Denial under oath of verified account 4
Complaint in lunacy 5
Oath of school trustee Q 3
Oath of person rendering property for taxation 174 121
Affidavit of assessor verifying his rolls 175 122
Bond of assessor 1 7rt 1 22
Oath of county clerk receiving envelope, jurors 177 123
Oath of district clerk receiving envelope, jurors 178 123
Oath of office required by the Constitution 179 123
APPRENTICES.
Application for an apprentice 7 4
Citation for apprenticing a minor 8 4
Service of citation 9 5
Waiver of citation and selection by minor over 14 10 5
Obligation of person to whom minor is apprenticed 11 «
Contract of apprenticeship 12 fi
Order apprenticing minor 13 7
ARBITRATION.
Agreement of arbitration 14 8
Award of arbitration 15 9
Judgment on the award of arbitration 16 10
Application for an appeal from award of arbitration 17 10
ALIENS.
Declaration of intention 18 11
Certificate of declaration of intention 19
Petition and affidavit for final naturalization papers 20 12
Order admitting applicant to citizenship 21 14
Certificate of naturalization 22 14
TEMPORARY ADMINISTRATION.
Order appointing temporary administrator 23
Clerk's certificate of tempo'rary administrator 24
Oath of temporary administrator 25
Bond of temporary administrator 2fl
ADMINISTRATION.
Application for letters of administration
Citation on application for letters
Form of order granting administration
Bond and oath of administrator 30
Letters of administration
Order appointing appraisers
Order approving inventory
Warrant of appraisement 34
[767]
768 INDEX.
Form No. Page.
Report of appraisers 35 23
Notice to debtors and creditors 36 24
Affidavit of publisher 37 24
Affidavit to claim 38 25
Allowance of claim 39 25
Approval of claim 40 26
Petition against administrator for establishment of claim 41 26
Order establishing claim 42 28
Order setting apart personal property and family allowance 43 2&
Application for sale of personal property 44 29
Notice of administrator's sale 45 30
Order to sell personal property 4(i 31
Application for sale of real estate 47 31
Oath and exhibit accompanying application 48 32
Notice of application for sale of real estate 49 33
Order of sale 50 34
Notice of sale by administrator 51 34
Report of sale 52 35
Order confirming sale 53 3(5
Deed of administrator and acknowledgment 54 36
Application for specific performance under contract 55 38
Decree ordering specific performance 56 39
Application for sale of real estate under mortgage 57 40
Order for sale of real estate under mortgage 58 41
Application for partition and distribution 59 42
Appointment of guardian ad litem 60 43
Citation in partition and distribution 61 43
Decree of partition 62 44
Report of commissioners 63 46
Order of court approving report of commissioners 64 47
Appeal bond in matter of probate 65 47
Affidavit in lieu of appeal bond in probate 66 48
Petition of surety for new bond and release 67 49
Application for new bond 68 50
Citation for new bond 69 50
Order requiring new bond 70 51
Order discharging surety on bond 71 51
Clerk's notice to file account 72 52
Order of removal of administrator without notice 73 52
Order of removal of administrator with notice 74 53
Application to resign as administrator 75 53
Exhibit and account, accompanying said application 76 54
Order approving exhibit and account 77 55
Order discharging administrator . . . , ". 78 56
Application of administrator for final discharge 79 56
Annual account of administrator 80 57
Final account of administrator 81 57
Notice on annual account 82 58
Notice by publication of final account 83 59
Affidavit by publisher of citation 84 60
Sheriff's return on said citation 85 60
Order on final account, auditing and settling same 86 61
ADMINISTRATION OF COMMUNITY PROPERTY.
Application for community administration 87 62
Order appointing appraisers 88 62
Inventory and appraisement 89 63
Bond of survivor 90 64
Order approving inventory, appraisement and list of claims 91 64
ATTACHMENTS.
Affidavit for attachment in justice court 92 66
Affidavit for attachment in county court 93 67
INDEX. 769
Form No. Page.
Affidavit for attachment, part of the debt not du« 94 «;
Affidavit for attachment by corporation against firm •'., 68
Bond for attachment ;i,; 39
Bond for attachment against firm 97 59
Writ of attachment and returns thereon 98 70
Officer's return — property in possession of part owner 99 71
Return of levy — stock running at large 100 72
Notice of foregoing levy 101
Returns of officer — interest of partner 102 73
Writ of attachment against firm 103 73
Officer's return thereon . 104
Affidavit for attachment for property of estate 105 74
Bond for attachment against executor 106 75
Order of county judge to county clerk to issue writ 107 75
Writ of attachment against executor and return 108 78
Bond of indemnity in attachment 109 77
Replevy bond in attachment 1 10 77
Application for sale of personal property Ill 73
Officer's return on property delivered to claimant 112 79
Order of sale of personal property 113 80
Return of order of sale — personal property 1 14 81
Judgment for plaintiff in attachment ....". 115 81
ABSTRACT OF JUDGMENT.
Abstract of judgment 116 83
Certificate of county clerk on same 117 84
ATTESTATION OF RECORDS.
Of a court of any one State to be used in another State 118 85
Judge's certificate thereon 119 85
ASSIGNMENTS FOR CREDITORS.
Assignment under the statutes for benefit of creditors 120 86
Inventory of debtor's estate 121 87
Bond of assignee 122 88
Notice to creditors •. . 123 88
Notice of acceptance by creditors 124 89
Creditor's claim and affidavit to same 125 90
ASSIGNMENT OF ACCOUNTS, JUDGMENTS, ETC.
Assignment indorsed on instrument 126 90
Assignment of instrument with guaranty of payment 127 90
Assignment of obligation, without guaranty of payment 128 91
Assignment of an account 129 91
Assignment of bond by a separate instrument 130 91
Assignment of a debt 131 92
Assignment of mortgage 132 92
Assignment of mortgage as collateral security, to be indorsed on
mortgage .* 133 93
Assignment of a judgment 134 94
Assignment of a lease 135 94
Assignment of policy of insurance 136 95
Assignment «f a patent for invention 137 95
Assignment and transfer of purchase money note and lien 138 N
ACKNOWLEDGMENTS.
Acknowledgment, single 203 143
Acknowledgment, separate of the wife 204 144
Acknowledgment of husband and wife 207 145
Acknowledgment or proof by witness 224 160
Acknowledgment by sheriff 211 149
Acknowledgment by eonstable 215 151
Acknowledgment by president of corporation 215 151
770 INDEX.
BANKRUPTCY.
Form No. Page.
[See also index to Bankrupt Law, p. 785.]
Debtor's petition with schedules "A" and " B " 751% 676
Partnership petition 751% 691
Creditor's petition 752 693
Order to show cause upon creditor's petition 753 69-1
Subpoena to alleged bankrupt 754 694
Denial of bankrupt 755 695
Order for jury trial 756 695
Special warrant to marshal , 757 695
Bond of petitioning creditor 758 69(5
Bond to marshal 759 697
Adjudication that debtor is not bankrupt 760 698
Adjudication of bankruptcy 761 698
Appointment, oath and report of appraisers 762 699
Order of referee 763 700
Order of referee in judge's absence 764 700
Referee's oath of office / 765 701
Bond of referee 766 701
Notice of first meeting of creditors 767 702
List of debts proved at first meeting 768 702
General letter of attorney in fact when creditor is not represented
by attorney at law 769 703
Special letter of attorney in fact 770 703
Appointment of trustee by creditors 771 704
Appointment of trustee by referee 772 705
Notice to trustee of his appointment 773 705
Bond of trustee 774 706
Order approving trustee's bond 775 706
Order that no trustee be appointed 776 707
Order for examination of bankrupt 777 707
Examination of bankrupt or witness 778 707
Summons to witness 779 708
Proof of unsecured debt 780 709
Proof of secured debt 781 709
Proof of debt due corporation 782 710
Proof of debt by partnership 783 710
Proof of debt by agent or attorney 784 711
Proof of secured debt by agent 785 712
Affidavit of lost bill, or note 786 712
Order reducing claim 787 713
Order expunging claim 788 713
List of claims and dividends to be recorded by referee and by him
delivered to trustee 789 714
Notice of dividend 790 714
Petition and order for sale by auction of real estate 791 715
Petition and order for redemption of property from lien 792 716
Petition and order for sale subject to lien 793 716
Petition and order for private sale 794 717
Petition and order for sale of perishable property 795 718
Trustee's report of exempted property 796 719
Trustee's return of no assets 797 719
Account of trustee 798 720
Oath to final account of trustee 799 720
Order allowing account 800 721
Petition for removal of trustee 801 721
Notice of petition for removal of trustee 802 721
Order for removal of trustee 803 722
Order for choice of new trustee 804 722
Certificate by referee to judge 805 723
Bankrupt's petition for discharge 806 723
Order of notice thereon 807 724
Specifications of grounds of opposition to bankrupt's discharge 808 725
INDEX. 771
Form No. Page.
Discharge of bankrupt . . 809 725
Petition tor meeting to consider composition 810 720
Applicaiion for confirmation of composition 811 720
Order confirming composition 812 727
Order for distribution on composition 813 727
BILLS OF SALE.
Bill of sale .' 139 97
Bill of sale by sheriff 140 98
BONDS.
Bond for costs 141 •»-<
Affidavit of inability to give bond for costs 142 99
Appeal bond from justice court 143 100
Certificate of solvency of bond 144 100
Affidavit in lieu of appeal bond from justice court 145 101
Appeal bond — forcible detainer from justice court 319 236
Appeal bond to court of civil appeals 704 580
Affidavit in lieu of said appeal bond 705 581
Supersedeas bond on appeal 706 582
Supersedeas bond for land 707 583
Supersedeas bond in error 708 584
New appeal bond 715 592
Bond in writ of error to the Supreme Court 718 595
Bond in removal of cause from State to Federal court 722 599
Bond to convey land 146 101
Bond for title without security 147 102
Bond with conditions indemnifying surety on bond 148V4 104
Agent's bond 149 105
Common bond 150 105
Bond for the payment of money and interest semi-annually 151 106
Attachment bond 96 69
Sequestration bond 629 518
Bond for distress warrant 446 327
Bond for injunction 40O 297
Bond for certiorari 189
Bond of indemnity from contractor to owner 485 365
Bond for title with security 148 103
BONDS AND OATHS OF OFFICERS.
County superintendent's bond 152 106
County commissioner's bond 153
County judge's bond 154
County treasurer's general bond 155
County treasurer's bond for school fund 156 109
County treasurer's additional bond
County surveyor's bond 158 1 10
County and district clerk's bond
Appointment of deputy clerk 160
District attorney's bond 161
Constable's bond 162
Appointment of deputy constable
Deputy constable's bond 164
Public weigher's bond 165
Sheriff's bond 166
Appointment of deputy sheriff 167
Deputy sheriff's bond to the sheriff 1
Appointment of clerk pro tempore
Bond of clerk pro tempore
Bond of notary public 1
Bond of justice of the peace
Bond of tax collector 173
772 INDEX.
Form No. Page.
Oath of person rendering property for taxes v 174 121
Affidavit of assessor verifying his rolls 175 122
Bond of assessor 176 122
Oath of county olerk on receiving envelope containing the names of
persons selected by jury commissioners of the district court as
grand and petit jurors 177 123
Oath of district clerk or deputy on receiving envelope containing the
names of persons selected by the jury commissioners of the
county court as jurors 178 123
Oaths of office required by the Constitution 179 123
Oath of jury in county and district court civil cases 180 125
Oath of jury commissioners for district court 181 125
Oath of jury commissioners for county court 182 125
Oath of clerk of court not to open jury lists 183 126
Certificate of deputation by county clerk 184 126
Stay bond in execution 263 196
CERTIORARI.
Application for certiorari to the county court — probate 185 126
Application for certiorari to justice of the peace 186 129
Application for certiorari to justice of the peace 187 130
Order of judge on said application 188 131
Bond for certiorari to justice court and approval 1891 132
Writ of certiorari to justice court and return thereon 190 132
CHARTER.
Application for charter 191 134
CITATIONS FOR PERSONAL SERVICE.
Citation in county or district court 192 135
Sheriff's return thereon 193 136
Citation in justice court 194 137
Citation in forcible detainer 319 23(5
Notice to serve nonresident defendant 195 137
Return of such service 196 138
CITATION BY PUBLICATION.
Affidavit for citation by publication 197 139
Citation by publication 198 139
Return of sheriff thereon 199 140
Affidavit for citation to unknown heirs 200 141
Citation for unknown heir 201 141
CONDEMNATION PROCEEDINGS.
[See after Wills.]
CONTINUANCE.
Application for continuance — absent testimony 202 142
DEEDS.
Warranty deed with single acknowledgments 203 143
Acknowledgment single 204 144
Acknowledgment of a married woman 205 144
Certificate of county clerk on deed 206 145
Warranty deed with vendor's lien 207 145
Acknowledgment of husband and wife 208 146
Quit claim deed 209 147
Deed of gilt 210 147
Sheriff's deed 211 149
Acknowledgment by sheriff 212 150
Deed by corporation 213 150
Acknowledgment by president 214 151
INDEX. 773
Form No. Page.
Deed by constable — sale of real estate 215 151
Acknowledgment by constable . 21tf 152
Deed of administrator 54 30
Deed of guardian ' . ' 373 272
Ground rent deed 152
Deed of relinquishment and confirmation 218 154
Deed of partition .219
Deed of right of way 220 15tt
Deed of exchange of lands '. ' * 221 15ft
Deed of agreement to lay out and leave open alley, etc 222 15g
Deed of water course 223 159
Deed of gift on conditions 224 loo
Deed of gift of personal property 225 10 1
Proof by witness " 220 102
Deed of executor 288 214
Deed — school land 31X> 2U3
*
DEEDS OF TRUST.
Deed of trust 227 102
Deed of trust for the benefit of a married woman 228 100
Deed from trustee under above deed 221) 107
Trustee's deed 230 107
Substituting trustee . 231 109
Notice of trustee's sale . 232 109
,
DIVORCE.
Petition for divorce 233
Petition for divorce because of nonage 234
Petition for divorce with prayer for injunction 235
Order of court granting alimony 230
Decree of divorce 237
DESIGNATION OF HOMESTEAD.
Voluntary designation of homestead 238
Notice by sheriff to owner to designate homestead 239
Designation of homestead by commissioners 240 177
EXECUTION.
Execution for money with bill of coats 241 178
Indorsement on back of execution 242 179
Alias execution 243 180
Execution for personal property or its value 244 182
Execution for the delivery of property 245 182
Execution and order of sale 240 183
Delivery bond in execution 247 185
Execution on forfeited delivery bond 248 180
Venditioni exponas 249
Certificate of county clerk on execution issued by justice of the peace. 250 1>>
County clerk's official character on above execution '£~*l 188
Notice of levy of execution to part owner 252 189
Return on execution of sale — stock running at large 253 189
Notice of levy of execution — stock running at large 254 190
Return upon execution of sale — interest of partner 255 190
Constable's sale 250
Return upon execution of sale — personal property 257 191
Return upon execution of sale — personal property in possession of
part owner
Return upon execution of sale of real estate 259
Notice ot sale of real estate 200
Return upon execution of sale of real estate — by posting 201
Affidavit for stay of execution ". , 202
Stay bond in execution - 203
Order granting stay of execution 204 197
774 INDEX.
EXECUTORS. Form No. Page.
Application for probate of will produced in court 265 197
Application for probate of will not produced in court 266 198
Application of a nuncupative will 267 199
Subpoena for the production of a will 268 200
Contest of will 269 201
Proof of a written will produced in court 270 201
Proof of written will not produced in court 271 202
Proof of written will produced in court not witnessed 272 203
Proof of a nuncupative will 273 204
Subpoena in probate 274 205
Citation on application for probate of will 275 20 i
Return of officer on said citation 276 206
Citation for probate of will not produced in court, or for probate of
nuncupative will 277 203
Return of officer on above citation 278 207
Order probating will and granting letters testamentary 279 208
Order establishing will produced in court *. 280 208
Order establishing will not produced in court 281 209
Order establishing a nuncupative will 282 210
Bond of executor 283 210
Oath of executor 284 211
Inventory and appraisement 285 211
Order approving inventory, etc 286 213
Letters testamentary 287 213
Deed by executor under will and acknowledgment 288 214
(For further orders under executors, see under the head of Admin-
istration.)
ESTRAYS.
Notice by taker-up 289 215
Precept to summon appraisers 290 215
Oath by taker-up of estrays 291 216
Oath of appraisers 292 216
Bond of taker-up 293 217
Clerk's notice of estray to newspaper 294 217
Notice of estray sale ". 295 218
Report of estray by county commissioner 296 218
Estray notice 297 219
Proof of an estray 298 219
Certificate of respectability to said proof 299 220
Report of sale of hog, sheep, goat, or cattle other than work oxen. . . . 300 220
Report of the loss of an estray 301 221
Report of estray sale by taker-up 302 221
FENCES AND TRESPASS BY STOCK.
Complaint of trespass by stock before justice of the peace 303 223
Summons for freeholders 304 223
Oatli of said freeholders 305 224
Report of justice and freeholders 306 . 224
(In a county where stock are forbidden to run at large see law
under No. 306.)
FERRIES.
Petition for ferryman's license 307 226
Ferryman's bond 308 227
FORCIBLE ENTRY AND DETAINER.
Complaint for forcible entry and detainer 309 228
Complaint for forcible entry 310 229
Complaint for forcible detainer in justice court 311 230
Complaint for forcible entry and detainer — justice court 312 231
Complaint — forcible detainer in justice court 313 232
INDEX. 775
Form No. Page.
Complaint — forcible detainer 314 £33
Complaint — forcible detainer 315 233
Complaint for forcible detainer 310 234
Complaint for forcible detainer 317 235
Demand for possession 318 236
Writ of citation in forcible detainer 319 230
Returns on writ of forcible detainer 320 237
Judgment — forcible detainer 321 237
Writ of restitution — forcible detainer 322 238
Appeal bond — forcible detainer 323 238
GARNISHMENT.
Application for garnishment — original attachment 324 240
Application for garnishmwit — before judgment 325 241
Application for garnishment — after judgment 326 242
Bond for garnishment 327 243
Writ of garnishment 328 243
Officer's return on above writ 329 244
Controverting answer of garnishee 330 245
Notice to garnishee that his answer is controverted 331 245
Writ summoning garnishee to appear before commissioner 332 246
Return of officer on writ of commissioner 333 247
Commissioner's return 334 247
Commissioner's return when garnishee refused to answer 335 247
Commission to take answer of garnishee residing in another county. 336 248
Garnishee's answer 337 249
Replevy bond in garnishment 338 249
Judgment against garnishee 339 250
Judgment against garnishee when replevy bond filed 340 251
GUARDIANSHIP.
Application for letters of guardianship 341
Application for testamentary letters of guardianship 342
Information alleging person to be of unsound mind 343
Citation in guardianship 344
Citation to minor fourteen years of age 345
Waiver of citation and selection of guardian by minor over fourteen. 346
Order appointing guardian under fourteen years of age 347
Guardian's bond and oath 348
Inventory and appraisement
Order approving inventory, etc 350
Affidavit to claim 351
Affidavit of claim by officer of corporation, etc
Allowance or rejection of claim
Approval of claim
Order establishing claim 355
Application for payment of claim
Order requiring guardian to pay claim
Affidavit of demand and refusal
Application to invest money 359
Order authorizing investment in real estate .
Order confirming contract of investment in real estate
Application for sale of personal property
Application for sale of stock on the range
Application for sale by owner of claim
Application for sale of real estate by guardian .
Exhibit accompanying application for sale of realty
Citation on application to sell real estate . . .
Return of officer on above citation
Order of sale
Notice of sale of real estate by guardian
Report of sale .*
776 INDEX.
Form No. Page.
Order confirming sale 372 27 1
Deed by guardian 373 272
Acknowledgment of deed by guardian 374 273
Annual account of guardian 375 273
Notice on annual, account of guardian 376 275
Order approving annual account 377 276
Application to resign as guardian 378 276
Account of guardian, accompanying said application 379 277
Order upon said application and account 380 278
Order discharging guardian 381 279
Order removing guardian 382 279
Citation on application for discharge of guardian 383 280
Appeal bond in guardianship 384 280
Order approving final account 385 281
Order discharging guardian and closing guardianship 386 282
(For form of annual account see No. 81 under Administration.)
HOMESTEAD DESIGNATION.
[See Designation of Homestead, No. 238.]
HOMESTEAD DONATION.
Application for homestead 387 282
Affidavit of applicant for homestead 388 283
Affidavit corroborating that of applicant 389 284
Application to purchase home tract 390 284
Application to purchase additional land 391 287
Proof of occupancy — original purchaser 392 290
Proof of occupancy — assignee 393 291
Proof of settlement 394 292
School land — deed 395 293
INTERROGATORIES.
Notice of filing interrogatories 39'6 295
Precept to serve notice of interrogatories 397 295
Indorsement and return on precept 398 296
To whom the commission shall be directed 399 296
Agreement and application for commission — oral 400 297
Notice of taking — depositions 401 298
Instructions to the officer taking depositions 402 299
Waiver of notice in depositions 403 301
Commission to take testimony 404 301
Indorsement on commission 405 302
Affidavit upon delivery of depositions 406 303
Affidavit for service of notice of interrogatories by publication 407 303
Caption and certificate in the Federal courts 408 304
Precept to serve notice of interrogatories by publication 409 305
Officer's return on above precept 410 306
Subpoena to witness to answer interrogatories 411 307
Attachment and commitment of witness by notary 412 308
INJUNCTION.
Petition for injunction to restrain the sale of property 413 309
Petition by landlord against lessee to restrain waste 414 310
Judge's fiat on above petition 415 312
Bond for injunction 416 312
Writ of injunction with return thereon 417 313
Refunding bond in dissolution 418 314
Application for attachment — disobedience of injunction 419 315
Order of judge thereon 420 315
Attachment for disobeying injunction 421 316
INDEX. 777
JUDGMENTS, ORDERS MAKING PARTIES, ETC.
Form No. Page.
Suggestion of the death of a sole defendant 422 317
Order to make an administrator a party ! 423
Suggestion of marriage of a female plaintiff ........ '. 424
Suggestion of marriage of a female defendant .425 318
Scire facias to make parties ] 42« 31^
Order for continuance
Suggestion of death of plaintiff and making a party 428 320
Suggestion of death of one of two plaintiffs, etc '.'...'.'. 429 320
Power of attorney to confess judgment ' . '. 430 321
Confession of judgment by attorney in fact 431 321
Affidavit of poor person for appointment of counsel '.'.'.'. 432
Petition in forma pauperis and appointment of counsel 433
Order of the court on above petition 434 323
Appointment of counsel in suit by publication 435
Appointment of guardian ad litem ' 430 323
Judgment of nonsuit 437
Judgment of nonsuit when plaintiff fails to appear 438 324
Judgment overruling exception to petition — plea filed 439 324
Judgment overruling exception — no plea filed, etc 440 325
Judgment overruling exception — no plea filed, etc 441 325
Judgment sustaining exception to petition — leave by plaintiff to
amend 442 326
Judgment sustaining exception — without leave to amend 443 326
Judgment sustaining exception to the answer 444 327
Judgment sustaining exception to answer without leave to amend . . 445 327
Judgment by default — damages assessed by the clerk 446 327
Judgment by default — writ of inquiry awarded 447 328
Judgment upon writ of inquiry 448 328
Judgment foreclosing lien on personal property 440 321>
Judgment by nil dicit 450 329
Judgment for plaintiff upon verdict of jury 451 330
Judgment for plaintiff tried before the court 452 330
Judgment against one of several defendants and against plaintiff as
to other 453 331
Judgment upon confession without process 454 331
Judgment by default with writ of inquiry as to one defendant, etc.. 455 332
Judgment of dismissal as to one defendant and default as to the
other 45fi 333
Judgment for the recovery of specific property 457 333
Judgment for defendant for property replevied by plaintiff 458 334
Judgment for the recovery of land 459 335
Judgment foreclosing lien on land 460 336
Judgment in forcible detainer 321 237
Judgment against garnishee 339 250
Judgment for plaintiff in attachment 115 81
Scire facias to revive judgment 461 337
Judgment against principal and sureties 462 338
Order for writ of prooedendo and indorsement thereon 681 556
Order for venditioni exponas 249 187
LANDLORD AND TENANT.
Affidavit for distress warrant — rents due 463 340
Affidavit for distress warrant — rents not due 464 341
Bond for distress warrant 465 34'2
Writ in distress proceedings 466 342
Citation under distress warrant 467 344
Replevy bond under distress warrant 468 345
Indemnity bond on levy of distress warrant 469 346
Application for order 'of sale — perishable property 470 347
Bond when order of sale is applied for by person other than the
defendant . 471 348
778 INDEX.
Form No. Page.
Order of judge on application for sale — perishable property 472 348
Order of sale of perishable property 473 349
Officer's return on above order 474 349
Judgment for plaintiff in suit by distress 475 350
LEASE.
Lease of residence or storehouse 476 352
Lease of city property 477 353
Lease with tenant — farm 478 354
Lease contract 479 356
Lease for drilling for oil, etc 480 358
Grant — drilling oil wells, etc 481 359
LIEN — LIVE STOCK PROGENY.
Lien — live stock 482 363
Laborer's, etc., lien 4 483 364
LIQUOR DEALERS AND TAXATION.
Application for license for sale of liquors 484 365
Liquor dealer's bond 485 365
MORTGAGES.
Chattel mortgage 486 368
Crop chattel mortgage 487 369
Mortgage to indemnify security 488 370
Mortgage deed, with power of sale 489 371
Chattel mortgage — goods, wares and merchandise 490 374
Judgment foreclosing mortgage lien — personal property 449 329
MARRIAGES, ETC.
Marriage license 491 378
Consent of parents to marriage 492 379
Affidavit for marriage license 493 379
Marriage ceremony 494 379
Marriage contract 495 3^0
Consent of parents to contract 496 381
Articles of separation between husband and wife 497 382
Bond to suffer wife to live apart from her husband 498 383
MECHANIC'S AND OTHER LIENS.
Fixing lien on unwritten contract 499 385
Fixing lien when material is furnished to builder, etc 500 386
Contract for building on homestead 501 387
Mechanic's lien note 502 389
Contract to build a house 503 390
Contract for making addition to a house 504 391
Notice to owner of the building .' 505 393
Bond of indemnity from contractor to owner 506 394
Conveyance of mechanic's lien 507 395
NATURALIZATION.
[See No. 18, under head of Aliens.]
PARTITION OF REAL ESTATE.
Petition for partition of real estate 508 396
Decree of partition 509- 397
Writ of partition and return of officer 510 398
Notice to parties 511 399
Commissioner's report 512 399
Order of court approving said report 513 400
INDEX. 779
PARTNERSHIPS — LIMITED.
... i » Komi No. Pace.
Articles of partnership 514 ^[
Articles of limited partnership 515 494
Certificate of limited partnership 5Kj 405
Acknowledgment of above certificate 517 400
Affidavit of one of the partners 518 400
Advertisement of limited partnership 51<j 407
Affidavit of publication to be filed with clerk 520 408
Agreement to continue partnership by indorsement 521 408
Assignment of partnership property by one partner to another .... 522 400
Dissolution of partnership 523 410
Dissolution of partnership by indorsement 524 411
Public notice of dissolution 525 41 1
Public notice of dissolution with continuance 52(5 412
Kelinquishraent of one partner's interest to the other 527 412
PAWNBROKERS.
Pawnbroker's bond 528 413
Notice of pawnbroker's sale 520 414
Report of sale 530 41s
Depositor's receipt 531 415
County treasurer's receipt 532 416
PENSIONS — STATE, ACT MAY 12, 1899.
Application and proof for pension — indigent soldier 533 416
Application and proof for pension — widow of soldier 534 420
POLL TAX.
Poll tax receipt 535 423
Certificate of exemption from poll tax 536 424
POWERS OF ATTORNEY.
Power of attorney to sue for and sell land 537 424
Power of attorney to transfer stock 538 425
Power of attorney and transfer of wages 530 426
Power to vote by proxy 540 426
Appointment of attorney by substitution 541 427
Power of attorney to attorney with assignment of interest in claim. 542 427
Revocation of power of attorney 543 420
PROMISSORY NOTES, ORDERS, ETC.
Promissory note 544 420
Vendor's lien note 545 430
Deed of trust lien note 546 43O
Mechanic's lien note 502 38:»
Due bill 547 431
Order for money 548 43 1
Receipt of interest — indorsed on note 540 431
Check on bank 550 432
Customer's draft 551 432
Protest of promissory notes, etc 552 432
PUBLIC ROADS.
Petition for laying out public road 553 434
Notice of application 554 434
Appointment of commissioners to lay out road 555 435
Oath of juror '.
Notice to land owners
Officer's return of notice 436
Report of jury of view 550 436
780 INDEX.
Form No. Page.
Consent of land owners 560 437
Order establishing road 561 437
Overseer's appointment 562 439
Notice to road hands 563 439
Overseer's receipt 564 440
Overseer's report to the court 565 440
PROOF OF LOSS BY FIRE.
Proof of loss by fire — short form 570 444
Proof of loss by fire — long form 571 444
Proof of heirship 724 600
PLEADING — PETITIONS.
Petition on account 575 449
Petition on promissory note 576 450
Petition on contract — not completing building 577 451
Petition for fraudulent purchase of property 578 452
Petition against fire insurance company 579 453
Petition for damages — life insurance company 580 454
Petition against pledgee — note as collateral security 581 455
Petition — repayment of deposit — purchase real estate 582 455
Petition — trespass to try title 583 456
Petition on written contract, etc., for extra work 584 457
Petition by architect 585 459
Petition of surety against principal 586 460
Petition on agreement, goods sold to another 587 460
Petition for foreclosure lien on land 588 461
Petition on foreign judgment 589- 463
Petition on judgment of this State 590 464
Petition by surety against principal on bond 591 465
Petition on agreement to insure against loss by fire 592 466
Petition for breach of contract to convey land 593 467
Petition — delay in delivering telegram 594 468
Petition for conversion of personal property 595 470
Petition for wrongful attachment 596 471
Petition to set aside deed obtained by fraud 597 472
Petition to set aside conveyance fraudulent as to creditors 59'8 474
Petition for breach of warranty in sale of land 599 475
Petition to correct description of land conveyed by deed 600 476
Petition lor specific performance — sale of real estate 601 477
Petition for specific performance against vendor 602 479
Petition for foreclosure — delinquent taxes 603 480
Petition in intervention 604 484
Petition for an account of partnership — after dissolution 605 486
Petition to close up partnership 606 488
Petition for foreclosure deed of trust lien 607 489
Petition by creditor to set aside claim — administrator 608 490
Petition for review of judgment 609 492
Petition for quo warranto proceedings 610 . 493
Petition against railroad company — not delivering goods 611 49-5
Petition against railroad company — delay in shipment of stock... 612 496
Petition against railroad company by minor — personal injuries... 613 499
Petition against railroad company by surviving wife, etc 614 504
Petition against railroad company for personal injuries 615 506
Petition for removal disabilities of a minor 572 446
Petition for laying out public road 553 434
Petition for injunction 413 309
Petition for partition of real estate 508 396
Petition for divorce 233 170
Petition in forma pauperis and appointment of counsel 433 322
Petition against railway company — damages by fire 616 509
Petition for mandamus . 617 510
INDEX. 781
PLEADING — ANSWERS, ETC.
Form No. Page.
Exception to the jurisdiction of the court 018
Exception — to right of a married woman to sue alone 019 514
Exception — nonjoinder of parties plaint iff 02<> 514
Exception — misjoinder of defendants 021 514
Exception — nonjoinder of parties defendant 022
Plea to the jurisdiction 023
Plea of plaintiff's coverture 024
Plea of defendant's coverture 025 510
Plea of nonjoinder of party defendant 020 510
Plea of pendency of another suit 027 517
Plea of general denial 028 517
Plea of coverture of defendant 029 518
Plea of infancy of defendant, who is still a minor 030 518
Plea of former judgment 031 518
Plea of account stated and execution of note 032 519
Plea of release 033 520
Plea of counter claim 034 520
Plea of tender 035
Plea of non est factum 030
Plea of accord and satisfaction 037 522
Plea of failure of consideration 038 522
Exception and plea of limitation 039
Answer containing exceptions and general denial 040 523
Answer of railway company to form No. 015 041 524
PLEADING — ANSWER — TRESPASS TO TRY TITLE.
Plea of not guilty 041% 520
Plea for valuable improvements made in good faith 042
Plea for three years' possession and limitation 043 527
Plea of three years' possession and limitation as to part, not guilty
as to the residue 044 528.
Plfa of five years' possession and limitation 045
Plea of ten years' possession and limitation 040 529
Plea of title under written memorandum and ten years' possession
without inclosure of the whole 047 529
Plea of title under ten years' possession with inclosure 048 530
RELEASES.
Release of vendor's lien 500 44 1
Release of mortgage or deed of trust 507 441
Release of judgment lien 5(58 4 42
Release 509 443
REMOVAL OF DISABILITIES OF A MINOR.
Petition for removal of disabilities of a minor 572 440
Waiver and acceptance of service by father, etc 573 44S
Order removing disabilities of minor 574 448
RULES FOR THE COURTS OF TEXAS.
[See Appendix, pages 731 to 7tiO.]
SEQUESTRATION.
Affidavit for writ of sequestration — district court 049
Aflidayit for sequestration 050
Affidavit for sequestration 051
Bond for sequestration 052 533
Writ of sequestration 053 534
Officer's return on writ . . 054 535
782 INDEX.
Form No. Page.
Replevy bond by defendant 655 535
Replevy bond by plaintiff 656 53(5
Application for order of sale of perishable property 657 537
Order of judge on above application 658 538
Order of sale and sheriff's return thereon 659 538
Bond of purchaser 660 539
SUBPOENAS.
Subpoena and indorsement thereon and return thereon 661 540
Subpoena — justice court 662 541
Subpoena duces tecum 663 542
Attachment of witness disobeying a subpoena 664 542
Attachment of witness for refusing to testify 665 544
Subpoena by notary 411 307
Attachment and commitment of witness by notary 412 308
SUMMONS AND OATHS OF JURY — JUSTICE COURT.
Summons for jury — justice court 666 545
Oath of officer receiving venire 667 545
Oath of jury 668 545
Return of officer summoning jury 669 546
Oath of jury in county and district courts — civil cases 180 125
Oath of jury commissioners for district court 181 125
Oath of jury commissioners for county court 182 125
TRIAL OF THE RIGHT OF PROPERTY.
Affidavit of claimant 670 546
Claim bond 671 547
Indorsement on claimant's bond 672 547
Indorsement on writ issued in county where levied 673 548
Indorsement on writ issued without the county where levied 674 548
VENUE OF SUITS.
Plea of privilege — justice court 675 549
Plea of privilege — county and district courts 676 551
VENUE, CHANGE OF.
Affidavit for change of venue 677 553
Affidavit of witnesses to above affidavit 678 554
Consent of parties to change of venue '. 679 555
Order for change of venue 680 555
Order for venditioni exponas 249 187
Order for writ of procedendo and indorsement thereon 681 556
Contract for personal services, writh salary based on profits 682 557
WILLS.
General form of will 683 558
Another form of will 684 559
Will written by the testator 685 560
Codicil to a will 686 562
Nuncupative will 687 562
(For probating wills, see under the head of Executors, Nos. 265-288.)
CONDEMNATION PROCEEDINGS.
Petition in condemnation proceedings 688 564
Order of county judge appointing commissioners 689 565
Notice of commissioners to all parties concerned 690 566
Service of notice 691 566
Assessment of damages by commissioners 692 567
Final order of the county judge 693 567
INDEX. >.;
SALE OF REAL ESTATE.
Form No. Page.
Receipt of earnest money and option 604 568
Contract for sale of land 695 570
FORMS OF APPEAL TO COURT OF CIVIL APPEALS AND WRIT OF ERROR
TO SUPREME COURT.
Agreed statement of facts 606 572
Agreed case on appeal 697 572
Bill of exception 698 573
Bill of exception 699 574
Bill of exception by the court 700 575
Controverted bill of exception and affidavits 701 575
Petition for writ of error to court of civil appeals 701% 577
Citation in error 702 578
Alias citation in error 703 579
Cost bond to court of civil appeals 704 580
Affidavit in lieu of appeal bond 705 581
Supersedeas bond 706 582
Supersedeas bond for land 707 583
Supersedeas bond in error 708 584
Writ of supersedeas 709 585
Clerk's certificate and indorsement on transcript 710 586
Brief on appeal 711 587
Notice of filing brief 712 S89
Motion to affirm on certificate 713 590
Certificate of affirmance 714 590
New appeal bond 715 592
Motion for rehearing in court of civil appeals 716 593
Petition for writ of error to Supreme Court 717 594
Bond when required 718 595
Affidavit for return of mandate from appellate court 719 596
REMOVAL OF CAUSE FROM STATE COURT TO THE UNITED STATES
CIRCUIT COURT.
Petition for removal on the ground of citizenship 720
Petition for removal — separable controversy 721
Bond for removal 722 599
Order for removal 723
Petition for election to incorporate 725 602
Certificate of county surveyor 726 603
Election order 727
Election notice
Affidavit of posting notices 7
Returns of election on incorporation
Returns of school trustee election
Order declaring result of the elections
Certificate of county judge 733 61 1
Certificates as to the incorporation of the town for municipal pur-
poses
Extension of boundaries
Certificate of county surveyor
"Resolution of board of trustees 7
Petition for bond election
Order for bond election
Notice of bond election
Affidavit of posting notices 741
Election returns
Order declaring result of election 743
Bond order
Statement of indebtedness 745
784 INDEX.
Form No. Page.
Statement of taxable values 746 632
Certificate of secretary 747 633
Form of bond 748 634
Proceedings to authorize the levy of tax for support and main-
tenance of schools 749 636
Order levying taxes 750 638
Order for refunding bonds 751 639
Debtor's petition 751% 676
INDEX TO BANKRUPT LAW
8«c.
Abatement, death or insanity does not work 8 647
Absence of judge, clerk to act 18 650
Act of bankruptcy, when in force 670
Acts of bankruptcy defined 3 644
Actions by and against bankrupts 11 64*
Actions stayed pending bankruptcy 11 648
Actions by trustees 23 652
Adjudication defined 1 641
Advertisement of meeting of creditors 58 663
Advertising in newspapers 28 654
Affirmation included in oath 1 641
Affirmation, who may administer 20 651
Allowance of claims 57 662
Amount, $1000 for bankruptcy 4 645
Amount, majority of, for composition 12 64-S
Amount, $2000 for appeal to Supreme Court of the United States. . 25 653
Amount, $500 necessary to file petition for involuntary 59 664
Answer, bankrupt to answer in fifteen days 18 650
Appeal, when it will be 25 653
Appeals in bankruptcy 25 653
Appellate courts defined 1 641
Apj>ellate courts, jurisdiction 24 652
Arbitration of controversies 26 653
Arbitration, how conducted 26 653
Arrest, protection from, when J» 647
Assignment is act of bankruptcy 3 644
Attachment set aside within four months 67 667
Attorney-General, duty of 53 661
Attorney fee paid on dismissal 3 644
Attorney's fees to be examined and to be reasonable 60 rt»55
Hanks to be depositories 61 1165
Hankers may become bankrupt 4 645
Bankrupt defined
Bankrupt, to answer in fifteen days 18 650
Bankrupt, may appear and plead 650
Bankrupt, court appoint officers 34 655
Bankruptcy defined 1 64 1
Bond of trustees 65ft
Bond of referees 50 65ft
Books and papers of bankrupt to be examined 644
Business, continuing bankrupts 642
Circuit Court United States concurrent jurisdiction ' '
Clnims, bankrupt to examine correctness
Claims may be reconsidered
Claims may be withdrawn
Claims to be proven up in one year
Claims, debts proven up
Claims, unliquidated
Claims, priority of 64
Clerk of the court defined
Clerk to act if judge is absent
Clerk, duties of
Clerk, compensation of 661
[785]
786 INDEX TO BANKRUPT LAW.
Sec. Page.
Co-debtors of bankrupt 16 649
Compensation of referees 40 657
Compensation of trustees ; 48 659
Compensation of clerks 52 661
Compensation of marshals 52 661
Composition, courts to confirm 2 642
Composition of bankrupt 12 648
Composition to be confirmed 12 648
Composition proceedings under 12 648
Composition may be set aside 13 649
Composition is a discharge 14 649
Compromises, trustee may make 27 654
Computation of time 31 655
Conceal as to property defined 1 641
Contempt, court to punish for 2 642
Contempt before referees . : . . 40 657
Continuing bankrupt's business 2 642
Copies of papers evidence 21 651
Corporation defined 1 641
Corporation included in persons 1 641
Corporation, when may become bankrupt 4 645
Court defined 1 641
Courts of bankruptcy defined 1 641
Courts named 2 642
Courts, jurisdiction of 23 652
Counsel fee paid on dismissal 3 644
Creditor defined 1 641
Creditor secured defined 1 641
Creditors' meeting 55 661
Creditors, voters at 56 662
Creditors' proof and allowance of claim 57 662
Creditors' notice to , 58 663
Creditors, who may file petition 59 664
Creditors, who may dismiss petition 59 664
Creditors' number and amount to file involuntary petition 59 664
Creditors may appear and answer 59 664
Creditor, those not counted 59 664
Creditors preferred 60 665
Date of bankruptcy defined 1 641
Death not- abatement . 8 647
Debt defined 1 641
Debts not affected by release 17 650
Debts not scheduled not released 17 650
Debts may be proven up 63 665
Defalcation not releas'ed by discharge 17 650
Default in bankruptcy . 18 650
Defense, solvency can be plead 3 644
Definition of words and phrases 1 641
Depositories to be named 61 665
Depositions, how taken 21 651
Detention of bankrupt by marshal 9 647
Discharge defined 1 641
Discharge, court to grant 2 642
Discharge of bankrupt 14 649-
Discharge, exists in composition 14 649
Discharge may be revoked 15 649
Discharge granted within twelve months 14 649
Dismissal of petition 3 644
Dismissal only after notice to creditors 59 664
Dividends, payment of 65 667
Dividends unclaimed 66 667
Document defined 1 641
INDEX TO BANKRUPT LAW. 787
Sec.
Domicile of six months ........................................ 2 042
Duties of bankrupts ........................................... 7 046
Embezzlement not released by discharge ............ ............. 17 050
Error, writs of, in bankruptcy .................................. 25 053
Estates of the bankrupt ........................................ 01 005
Examination of bankrupt ...................................... 3 044
Examination, composition after ................................ 12 -. t •>
Exemptions, court to determine ............ ..................... 2 042
Exemptions of bankrupt ....................................... 0 040
Exemptions from arrest, when . . ............................ .... 9 047
Expenses of estates to be reported and examined .................. 02 605
Extradite bankrupts ........................................... 2 042
Extradition of bankrupts ...................................... 10 048
Evidence, how taken ........................................... 21 051
Evidence, copies of papers as ................................... 21 051
Fraud will avoid comj>osition ............ ...................... 13 049
Fraud will revoke discharge .................................... 15 04!)
Fraud in bankruptcy, punishment .............................. 29 054
Fraud, debts by, not released ................................... 17 050
Holiday defined ............................................... 1 04 1
Imprisonment of bankrupt forbidden ............................ 9 047
Insanity of bankrupt not abatement ............................ 8 047
Insolvent, person when deemed ................................. 1 041
Instruments to be filed witli claim .............................. 57 002
Judge defined ................................................. 1 04 1
Judge absent, clerk to act ...................................... IS 050
Jurisdiction over persons ...................................... «J 042
Jurisdiction of courts .......................................... 23 052
Jurisdiction of appellate courts ................................. 24 052
Jury to be summoned ...... ................................... 19 051
Jury, when not to be called .................................... 18 050
Jury trials, when to be had .................................... 19 051
Jury trials must be applied for when answer is filed .............. 19 051
Liens ....................................................... 07 007
Liens, trustee may enforce ..................................... 07 007
Liens, attachment within four months ........................... 07 007
Liens held good ................... . ........................... 07 007
Limitation of offenses ......................................... 29 054
Limitation on trustees' bonds .................................. 5O 059
Limitation on referees' bonds ................................... 50 059
Lost instruments to be proven up ............................... 57 002
Marshal, compensation of ...................................... 52 001
Masculine words include ............. r ......................... 1 04 T
Meeting of creditors ........................................... 55 001
Newspapers, designation of ..................................... 28 054
Notice to creditors ............................................ 58 003
Notice, what creditors are entitled to ............................ 58 003
Oath defined ............................................ 641
Oath, who may administer ..................................... 20 051
Objections to claims .......................................... 57 002
Offenses in bankruptcy defined .............................. .... 29 059
Officers in proceeding defined ................................... 1 041
Officers, conrt to appoint ....................................... 34 055
Officers, reierees for two years ................................. 34 055
Officers' qualification of referee ................................. 35 055
Officers' oath of referee ........................................ 30 055
Officers, number of referees .......... ........................... 37 050
Officers' jurisdiction of referees ................................. 38 050
Officers, trustees ...............................
Officers' qualification of trustees ..............
Officers' duties and compensation ................
Officers' duties of clerk .................................... SI 000
788 IXDEX TO BANKRUPT LAW.
Sec. Page.
Orphans' rights preserved 8 647
Partners may become bankrupt 5 645
Partnership included in persons 1 641
Partnership property, administered 5 645
Payment of dividends 65 667
Person defined 1 641
Person, when deemed insolvent 1 641
Persons defined 1 641
Petition in bankruptcy defined 1 641
Petition may be filed 3 644
Petition in bankruptcy 18 650
Petition must be in duplicate 59 664
Phrases, definition of 1 641
Pleadings must be verified 18 650
Plural words include 1 641
Possession of property 69 669
Preference void within four months 60 665
Preference, when void 67 667
Preferred creditors 60 665
Process in bankruptcy 18 650
Proof of claims 57 662
Protection from arrest, when 9 647
Receivers appointed by judge 2 642
Reconsideration of claims 57 662
Referee in bankruptcy defined 1 641
Referee, absence or disability of 43 658
Referee, records of 42 657
Referee, court to appoint 34 655
Referee, term of office 34 655
Referee, qualification 35 635
Referee, oath of office 36 635
Referee, number of 37 656
Referee, jurisdiction of 38 656
Referee, duties of 39 656
Referee, compensation of 40 657
Referee, contempt before 41 657
Referee, bonds of 50 659
Reference of proceedings 22 652
Relations not counted as creditors 59 664
Residence of six months 2 642
Rules to be made by Supreme Court 30 655
Schedule, what to contain 7 646
Schedule of property, bankrupt to make 7 646
Secured creditor defined ; 1 641
Secured creditor, claims of 57 662
Securities to be set out in claim 57 662
Securities to be valued 57 662
Seizure of property on giving bond 3 644
Set-off and counterclaims 68 6P>9
Singular words include 1 641
States include territories defined 1 641
Statistics of bankruptcy 54 661
Subrogation of surety 57 662
Supreme Court to make rules 30 655
Surety to be subrogated . . . . , 57 662
Surety, corporations may go .50 659
Taxes not released by discharge 17 650
Time of bankruptcy defined 1 641
Time, within four months to file petition 3 644
Time, fifteen days to answer petition 18 650
Time within which to appeal 25 653
Time, computation of 31 655
INDEX TO BANKRUPT LAW. 789
Sec. P»«e.
Time, limitation on trustees' bonds 50 659
Time, limitation on referees' bonds 50 BM
Time of meeting of creditors 55 601
Time, one year to prove up claims 57 682
Time, ten days' notice to creditors 58 663
Time, preference void within four months 60 Mfi
Time, act in force 70 669
Title to property 70 608
Transfer as to property defined 1 641
Transfer of cases 32 655
Trustee in bankruptcy defined 1 641
Trustee, appointment'and removal of 2 642
Trustee may appear for bankrupt in suits by or against him 11 648
Trustee, actions by " 23 652
Trustee not to give appeal bonds 25 653
Trustee, appointment of 44 658
Trustee, qualification of 45 658
Trustee, death or removal of 46 658
Trustee, duties of 47
Trustee, compensation of t 48 6">J>
Trustee, accounts and papers of 49 '
Trustee, bonds of 50 650
Trustee may prove up claim in other bankruptcy 57 662
Vacation, bankrupts' courts open in 2 642
Voters at creditors' meeting 56 662
Wage earner defined 1 641
\Yho may become bankrupt 4 645
Widow's right preserved 8 647
Women included in persons 1 641
Words, definition of 1 64 1
Words, masculine, singular and plural 1 641
WTrits of error in bankruptcy 25 653
Amendment of Act 1898, approved February 5, 1903 (Public No. 62), page*
671-675!
INDEX TO RULES FOR THE COURTS OF TEXAS
Page.
Supreme Court 731-733
Courts of Civil Appeals 735-747
Court of Criminal Appeals 747
District and County Courts 747-764
Appellate jurisdiction of Supreme Court 764, 765
Procedure to obtain writ of error in Supreme Court 765, 766
CONTENTS FOR THE INCORPORATION OF INDEPEN-
DENT SCHOOL DISTRICTS
Form No. Page.
Forms for incorporation 725-734 602-612
Organization of board of trustees 613
Taxing power of district 516
Assessment of taxes 516
Forms for extension of boundaries 735-737 616-620
Forms for issuance of bonds 738-748 621-636
Levy of maintenance tax 749 636
Form of order levying taxes 750 638
Refunding bonds 751 639
[790]
UCSOUTVfW
Illllll
000 699 700 1
Live Music Archive
Librivox Free Audio
Metropolitan Museum
Cleveland Museum of Art
Internet Arcade
Console Living Room
Books to Borrow
Open Library
TV News
Understanding 9/11