Sarah McClain

Other Events:

• Reference Number: 5273

Notes:

The widow Sarah McClain Hodges, her children, & parents migrated to the Republic of Texas (Houston County).

Went to The Republic of Texas by 1837 with her parents and siblings and eventually migrated to Leon and Limestone Co., Texas.

The last account of Sarah McClain Hodges was when she was listed as a War of 1812 widow in Limestone County, Texas in the 1883 SENATE EX. DOCUMENT #84.

Sarah McClain Hodges, received a 2nd Class land grant for 1,280 acres issued to those who arrived in the republic after March 2, 1836 but prior to October 1, 1837. Sarah's father, William McClain, her son Abel, and son-in-law Robert Chapman also received land grants.

Sarah married Edmund Hodges on 29 Jul 1812 in Winchester, Franklin County, Tennessee. Edmund (son of Abel Hodges and Sarah Ward) was born in 1794 in North Carolina; died on 31 Jul 1830 in Near Bolivar, Hardeman County, Tennessee. [Group Sheet] [Family Chart]

Other Events:

• Reference Number: 7371

Hester married Lindsey James Rutherford on 7 Oct 1830 in Hardeman County, Tennessee. Lindsey (son of James Rutherford and Martha Rose) was born in 1810 in Hardeman County, Tennessee; died in 1881 in Kosse, Limestone, Texas. [Group Sheet] [Family Chart]

Other Events:

• Reference Number: 5244

Notes:

While conducting an ancestry search at my local library, I ran across a publication that listed transcriptions of some articles of interest found among the newspapers published in Crockett, Texas between 1853 and 1896.

The complete title is Houston County Collection Volume I, Crockett Newspapers, 1853 - 1896, published by Bebe Beasley Ulrich.

According to Ms. Ulrich, in Volume 1, Number 2, published February 7, 1890 under the section "Local News - Nevel's Prairie" appears this announcement:

Mrs. Rebecca Chapman, of McClellan [sic] County is visiting relatives on the prairie. She lived near Old Randolph for 35 years, moving away from there in 1865. Her old friends will be glad to know that she is still sprightly and bids fair to live a good while yet...

While there are not many words printed, it speaks volumes to this researcher. From three sentences I either learned or confirmed that Rebecca Chapman, my fourth great grandmother:

•came to Houston County, Texas about 1830
•moved to McLennan County, Texas between 1865 and 1890
•was still alive and in good health in 1890.
I already knew that she and her husband, Robert Chapman arrived in Texas shortly after they married in 1836 and settled in Houston County. So the writer was a little off on that one. I have never been able to determine much beyond the 1860 census when Rebecca appeared as a widow with several children in Houston County. I have never found their graves and I have never found Rebecca on a subsequent census report. After reading this article, I did locate a Rebecca Chapman in McLennan County but some details leave doubts as to the whether or not it is her. One daughter, Martha Frances Chapman Smith, did move to that area by 1880 so I am still hopeful that it is her.

Even the earliest newspapers carried snippets of community news items that may prove essential to your ancestry search.

I do know that Rebecca was living in McLennan Co. in 1890 as there was a newspaper notation about her visiting in Houston Co. in February of that year. After that I have no record of her. I believe she was living with either Martha or her son Isaac who was also a resident of McLennan Co. I do know that Rebecca's mother Sarah Hodges was living in McLennan Co. next door to Mary Alice in the 1880 census. Robert is last seen on the census of 1850 and it is thought that he died during the Civil War as Rebecca collected "Indigent Family" funds after the war was over but have not found any pension or enlistment information. I have gone back a number of generations on the Chapman and Hodges sides too.

From Crockett Newpapers, the Gazette, Vol 1, No. 2, February 7, 1890:

"Nevel's Prairie

Mrs. Rebecca Chapman of McClellan (sic) County is visiting relatives on the Prairie. She lived near Old Randolph for 35 years, moving away from there in 1865. Her old friends will be glad to know that she is still sprightly and bids fair to live a good while yet...We should all love these old pioneers who settled this county in dangerous times when the red man periled the wood with his tomahawk. We should do them honor, and try to make their declining days as happy as possible. We are now reaping the fruits of their labor..."

Daughters of the Republic of Texas
Application 21510 page 356

Rebecca married Robert Doak Chapman on 6 Oct 1836 in Hardeman County, Tennessee. Robert (son of Robert Chapman and Unknown Chapman) was born in 1816 in Tennessee; died on 17 Oct 1864 in Houston, Texas. [Group Sheet] [Family Chart]

Other Events:

• Reference Number: 5665
• Birth: 1819

Notes:

Notes for ABEL HODGES:
Data from Land Records for: Abel Hodges
First Arrived in Texas: Bet Mar 1836 and Oct 1837
Class of Grant: 2
Amount of Land: 1280 acres
Date Conditional Certificate Issued: 2 Aug 1838
Conditional Certificate Issued in: Houston County
Date Unconditional Certificate Issued: 1 Nov 1841
Unconditional Certificate Issued in: Houston County
Comments:

REPRINT of OFFICIAL REGISTER of LAND LOTTERY OF GEORGIA 1827
45th DAY'S DRAWINGS-April 27.
WASHINGTON.
page 141
Fortunate Drawers: Abel Hodges
Captains District: Avans
Number: 295
District: 15
County: Lee County

Abel married Susan Chapman on 12 Jul 1836 in Hardeman Co., Tennessee. Susan (daughter of Robert Chapman and Unknown Chapman) was born in 1819 in Tennessee; died on 14 Apr 1848 in Houston County, Texas. [Group Sheet] [Family Chart]

Other Events:

• Reference Number: 5666

Notes:

Confirmed Republic of Texas

Other Events:

• Reference Number: 5667

Notes:

Benjamin M. Hodges was born in 1823 in Tennessee to Edmund and Sarah McClain Hodges. Benjamin arrived in Houston County in the Republic of Texas in 1837 with his siblings, his mother and McClain grandparents subsequent to his father's death at Bolivar, Hardeman County, Tennessee on July 31, 1832.

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

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

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

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

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

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

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

Benjamin married Mary Speer on 23 Dec 1846. Mary (daughter of Levi Speer and Sarah Dixon) was born in 1834 in Arkansas. [Group Sheet] [Family Chart]

Other Events:

• Reference Number: 5668

Parthenia married Andrew Jackson Speer on 24 Nov 1847 in Houston County, Texas. [Group Sheet] [Family Chart]

Other Events:

• Reference Number: 5669

Other Events:

• Reference Number: 5670

Notes:

This is a Message Board Post.

Author: KarylonRussell44
Surnames: Hodges, Hallmark, Rutherford, Collins

http://boards.rootsweb.com/localities.northam.usa.states.texas.counties.houston/224.548.1169.1170.1.1.1.2.2.1.1/mb.ashx

I am a descendant of Edmond Hodges' youngest child, Sarah, who was called Sallie. Although some state her middle name was Rutherford, I have found NO PROOF of that as of this time. One reason WHY she is often omitted in the list of children for Edmond is because she was born a few months AFTER HE DIED in Hardeman Co. TN.

When her mother, siblings, came to Texas, they settled in Houston Co., where Sarah first met the Hallmark family. She married James Minet Charles Pierson Hallmark, called JIM, probably in Houston Co., where records were lost, around 1849. Sarah Hodges, the mother, is living in her home on the census there in 1850, probably because the daughter was in the last stages of pregnancy with her first child. The son was born late in 1850 in Houston Co.--Richard Edmond Hallmark, called ED later on.

The Hallmarks were still in Houston Co. when State took the Scholastic Census around 1855, but they soon joined other relatives where the father, Richard Hallmark, and some of the Ruthefords, had moved on Hallmark land granted him in Bastrop Co. This land, however, was at the very TIP of the diamond-shaped county, and right on the county line of Caldwell, Gonzales, and Fayette, plus very near Lavaca Co., around JEDDO.

In 1860, the James Hallmark family is found in Lavaca Co. TX living NEXT DOOR to Sarah's brother, Jacob Mickler Hodges and family. Tax rolls and deeds there show the Hallmarks only stayed there about 3 years, before returning to Bastrop Co. The census taker in 1860 must have had a hearing problem, as the family is listed under James DALMARK, and there are many errors in regard to some of the family's children, with both names and correct sex.

At least by 1865, James M. Hallmark and family joined other family members in Bell County, where Richard Hallmark had also received land grants on Coryell/Bell lines---today on land NOW inside Ft. Hood, around Sugarloaf Mountain. It was here in 1866 that my ggrandfather, William Andrew Jackson JACK Hallmark was born.

Deeds and tax records show the family left Bell Co. in the late 1860's, but WHERE they went from there is not known UNTIL they show up on very early Limestone Co. TX records. Sarah died in Limestone Co. around 1876, and she is buried in the Faulkenberry Cem. out of Grosbeck, with some members of the Rutherford family.

Sarah and James Minet had 10 children, 8 boys, 2 girls. ALL lived to be quite old, except for one girl who died in childbirth at a young age. He had 3 sons by his second wife. The family is shown in 1880 Limestone Co. TX, the same county as other members of the Hodges and Rutherford Counties.

In the early 1880's, some of Hetty & Lindsey Rutherford's sons had taken up land in Llano Co. on the Llano River. James moved his family up near them, only he took up land on the north side of the river, whereas others were on the south side. Also coming as James Dillon Collins, now the husband of Martha Jane Rutherford, the dtr. of Hetty and Lindsey, whose land was also on the south side of the river.

James Minet Hallmark DIED there around 1895, being buried in the Pennington Cem., on Pennington Creek, a tributary of the Llano River on the north side. James Dillon Collins is also buried there, but floods prevented his body from being buried next to his wife, Martha, who is in a small cemetery on the south side of the river. To complicate matters, daughter, Lydia Ann Parthena Collins, married son of James Minet and Sarah Hallmark--Wm. Andrew Jackson, my ggrandparents.

Lydia and young daughter Hetty were visiting family around Leon/Limestone Co. line near Thornton in the late 1890's when they took sick and died. Both are buried in the Tidwell Cem. NEXT TO family of Jacob Mickler Hodges and his Rutherford wife.

It is interesting that the old mother, SARAH HODGES, is listed TWICE in the 1850 Census for Houston Co.--in both the home of Abel Hodges and Sarah Hodges Hallmark. This was not that uncommon, however, and it is my feeling that she normally lived with Abel, but had briefly gone to be with Sarah pending the birth of her first child. Unfortunately, although pension records indicate the old Mother did NOT die until around 1880, she has NOT been found on any other census roll since 1850. James Minet and Sarah also seem to have completely MISSED being enumerated in 1870, but correspondence in the mother's pension indicate she rotated around among relatives the rest of her life.

Karylon A. Russell, Box 823, Llano, TX78643 krussell@tstar.net

Family/Spouse: James Minet Charles Pierson Hallmark. James was born in 1827 in Alabama. [Group Sheet] [Family Chart]

Other Events:

• Reference Number: 8099

Other Events:

• Reference Number: 8100

Other Events:

• Reference Number: 8101

Other Events:

• Reference Number: 8102

Other Events:

• Reference Number: 8103

Other Events:

• Reference Number: 8104

Other Events:

• Reference Number: 8105

Other Events:

• Reference Number: 8106

Other Events:

• Reference Number: 8107

Other Events:

• FSID: LT8F-8N6
• Reference Number: 2672
• Census: 14 Nov 1850, Houston, Texas, USA
• Census: 26 Jun 1880, McLennan County, Texas
• Residence: 1910, Justice Precinct 6, McLennan, Texas, United States
• Census: 22 Apr 1910, McLennan, County, Texas
• Residence: 1920, Bruceville, McLennan, Texas, United States
• Census: 9 Jan 1920, Bruceville, McLennan County, Texas
• Census: 20 Jun 1990, McLennan County, Texas

Notes:

One of my confirmed relatives in Daughters of The Republic of Texas

Name: Martha Francis Smith
Death Date: 12 Feb 1922
Death Place: Near Eddy, Mclennan, Texas
Gender: Female
Race: white
Death Age: 84 years 5 months 14 days
Estimated Birth Date:
Birth Date: 28 Aug 1838
Birthplace: Trinity County
Marital Status: Widowed
Spouse's Name:
Father's Name: D. Chatman
Father's Birthplace: Do Not Know
Mother's Name: Rebeca Hodge
Mother's Birthplace: Do Not Know
Occupation: Housewife
Place of Residence:
Cemetery:
Burial Place: Bruceville, Texas
Burial Date: 12 Feb 1922
Additional Relatives: X
Film Number: 2074475
Digital Film Number: 4030076
Image Number: 2240
Reference Number: cn 5493

Daughters of the Republic of Texas
Application 21509 on page 352

Based on her Obituary Martha Francis (Chapman) Smith was buried next to Littleton Spivey Smith in Cox Cemetery.
Mrs. Martha Francis Smith is Gone to Rest
On Sunday morning about five o'clock the gental spirit of Mrs. Martha Frances Smith departed this life and went to dwell in "house not made with hands."

Some four weeks ago she went from the old homestead near Bruceville, where she lived with her son, J.E. Smith, to Eddy for a visit to her daughter, Mrs. John Baugh, and soon her strength began to fail and despite the heroic fight that was made by her attending loved ones and skilled physicians, it seemed that nothing could give strength to her care-worn body and cheerfully and resignedly she awaited the last summons.

Mrs. Smith was 84 years old and was born and reared in Houston County, Texas where at the age of 15 years was converted and joined the Baptist church. She was married to K.S. (sic) Smith about 88 years ago and together theyfaced the many difficult problems that confronted the settlers of the early days in Texas.

About 49 years ago they moved to this county and settled near Bruceville and 14 years later Mr. Smith died leaving her witha large family and to fight life's battle alone.

Courageous, putting her faith in God, faithful to her church, and a friend to humanity, she succeeded in rearing her children to be useful men and women,

The funeral service was held by Rev. G.W. Cook at the Baptist church at Bruceville and she was laid to rest by the side of her campion inthe Cox Cemetery.

She was the mother of eleven children and the seven living are: Mrs. Tom Adams, Childress; Mrs. R.L. Simmons, Katy, Okla; Mrs. John Baugh, Eddy; Mrs. W.A. Moore, Moody; Mrs. Low Ingram, Bruceville; Mrs. A.S. Taylor, Waco; J.E. Smith, Bruceville.

The pall bearers were: Bruce, Chas. and Joel Kincannon, all of Bruceville, and Messrs, Langley, Long and Dillworth, all of Eddy.

Card of Thanks.
We Wish to express to the good people of Eddy and that community our sincere thanks and appreciations for the knidness shown us during the illness and death of our dear mother, Mrs. Martha Frances Smith, and for the beauitful flowers we also thank you.

Our hearts are full of gratitude to the neighbors and friends of Mrs. W.A. Moore who were so thoughtful and kind.

May God's richest blessing rest upon one and all.

Mrs. W.A. Moore,
Brothers and Sisters.

Burial:
Cox Cemetery
31°20'10.87"N 97°13'38.76"W
McLennan County
Texas, USA

Martha married Littleton Spivey Smith in 1857 in Houston County, Texas. Littleton (son of Nathaniel Smith and Eve Metts) was born on 4 Sep 1833 in Newberry County, South Carolina; died on 10 Jun 1887 in Bruceville, McLennan County, Texas; was buried in Jun 1887 in Cox Cemetery, Bruceville, McLennan, Texas, United States. [Group Sheet] [Family Chart]

Other Events:

• Reference Number: 7394

Family/Spouse: Katherine Marie Thames. Katherine was born in 1851; died in 1900. [Group Sheet] [Family Chart]

Other Events:

• Reference Number: 7395

Other Events:

• Reference Number: 7396

Other Events:

• Reference Number: 7397

Other Events:

• Reference Number: 7398

Other Events:

• Reference Number: 7399

Other Events:

• Reference Number: 5683

Family/Spouse: Alice Gertrude Parker. Alice was born in 1854; died in 1892. [Group Sheet] [Family Chart]

Family/Spouse: Mattie D Roach. Mattie (daughter of John R Roach and Rozella Stevens) was born in Jul 1864 in Cuero, DeWitt County Texas; died in 1926 in Cuero, DeWitt County Texas. [Group Sheet] [Family Chart]

Other Events:

• Reference Number: 7779
• Reference Number: 8098
• Birth: 1847

Other Events:

• Reference Number: 7775

Other Events:

• Reference Number: 7776

Other Events:

• Reference Number: 7777

Other Events:

• Reference Number: 7778

Other Events:

• Reference Number: 8093

Other Events:

• Name: Billy
• Reference Number: 8094

Other Events:

• Name: Jim
• Reference Number: 8095

Family/Spouse: Elillian Narcisus. [Group Sheet] [Family Chart]

Other Events:

• Reference Number: 8096

Other Events:

• Name: Lizie
• Reference Number: 2594

Hettie married George M Cannon on 12 Mar 1876 in McLennan County Texas. George was born in 1849 in Georgia; died before 1896. [Group Sheet] [Family Chart]

Family/Spouse: Tom Adams. [Group Sheet] [Family Chart]

Other Events:

• Reference Number: 2595

Notes:

Birth: Feb. 4, 1860
Death: Oct. 22, 1879

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

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

Burial:
Cox Cemetery
McLennan County
Texas, USA

Edit Virtual Cemetery info [?]

Created by: couchpotato
Record added: Aug 14, 2005
Find A Grave Memorial# 11536675

Other Events:

• Name: Cassie
• Reference Number: 7333

Family/Spouse: Arthur Sanders Taylor. Arthur was born on 23 May 1874 in Walker County, Texas; died on 17 Feb 1958 in Waco, McLennan County, Texas. [Group Sheet] [Family Chart]

Other Events:

• Reference Number: 2596

Sarah married Nathaniel Asa Williams on 22 Jun 1882. Nathaniel was born on 19 Jun 1851 in Mississippi USA; died on 11 Apr 1934 in Navarro, Texas. [Group Sheet] [Family Chart]

Other Events:

• Name: Beccie
• Reference Number: 2593

Notes:

In an email Cindy received, someone stated that her ggrandfather Robert Lee Simmons born 1865 in TN married Rebecca Ann Smith born 1867. Further, she stated that he had married an Indian girl meaning Rebecca). They are buried in Katie, OK. All my life I heard from my father that we were Choctaw Indian. I believe Rebecca and her husband lived on the Chickasaw reservation.

Rebecca married Robert Lee Simmons on 18 Dec 1889. Robert (son of Newton C Simmons and Lucinda R Turner) was born in 1865 in Tennessee; died in in Katie, Oklahoma. [Group Sheet] [Family Chart]

Other Events:

• FSID: 94T7-XSB
• Reference Number: 931
• Census: 26 Jun 1880, McLennan, County, Texas
• Census: 20 Jun 1900, McLennan County, Texas
• Census: 22 Apr 1910, McLennan County, Texas
• Census: 9 Jan 1920, McLennan County, Texas
• Residence: 1930, Precinct 6, McLennan, Texas, United States
• Census: 5 Apr 1930, McLennan County, Texas
• Census: 17 Apr 1940, McLennan County, Texas

Notes:

Birth: 1867
Death: 1947

Note: On stone with Emma L. Smith

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

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

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

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

Court of Civil Appeals of Texas, Waco.

THAMES v. SMITH

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

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

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

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

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

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

Sleeper, Boynton Kendall, of Waco, for appellee.

BARCUS, J.

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

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

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

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

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

We have examined all of appellant's assignments of error, and same are overruled, and the judgment of the trial court is affirmed

John married Emma Lee Moore on 12 Feb 1893 in Moody, McLennan, Texas, United States. Emma (daughter of George W Moore and Sarah F Yocum) was born on 22 Dec 1873 in Waco, McLennan County, Texas, USA; died on 30 Nov 1952 in Cox Cemetary, Bruceville, McLennan County, Texas; was buried on 30 Nov 1952 in Cox Cemetery. [Group Sheet] [Family Chart]

Other Events:

• Reference Number: 4309

Other Events:

• Reference Number: 7662

Family/Spouse: Joseph WIlliam Thames. Joseph was born on 19 Jan 1868 in Trinity County, Texas; died on 17 Oct 1932 in Brownfield, Terry, Texas, USA. [Group Sheet] [Family Chart]

Other Events:

• Reference Number: 4313

Family/Spouse: John Wilburn Baugh. John (son of James Wilburn Baugh and Emma Paige) was born on 13 Feb 1878 in Anderson County Texas; died on 13 Feb 1978 in Oakwood Cemetery Waco Texas. [Group Sheet] [Family Chart]

Other Events:

• Reference Number: 4312

Notes:

Buried Moody Cemetery

Mattie married Walter Andrew Moore on 26 Sep 1897 in McLennan County, Texas. Walter (son of George W Moore and Sarah F Yocum) was born on 24 Jan 1870 in Moody, McLennan, Texas, United States; died on 16 Apr 1951 in McLennan County, Texas; was buried in 1951 in Moody, McLennan, Texas, United States. [Group Sheet] [Family Chart]

Other Events:

• Reference Number: 4311

Family/Spouse: Lorenzo Franklin Ingram. Lorenzo (son of Benjamin Franklin Ingram and Mary Minerva Harrison) was born on 2 May 1876 in Bruceville, TX; died in 1941 in Waco, Mclennan, Texas. [Group Sheet] [Family Chart]

Other Events:

• Reference Number: 4310

I married Arthur Sanders Taylor on 3 Oct 1897 in McLennan County Texas. Arthur was born on 30 Mar 1873 in Walker County, Texas; died on 17 Feb 1959 in Waco, McLennan County, Texas. [Group Sheet] [Family Chart]

Other Events:

• Reference Number: 7771

Other Events:

• Reference Number: 7772

Other Events:

• Reference Number: 7773

Other Events:

• Reference Number: 7774

Other Events:

• Reference Number: 7751

Family/Spouse: Ina May Mae Terry. Ina (daughter of Sanford Warren Terry and Elizabeth Cornelia Cochran) was born on 5 Jun 1880 in Chita, Trinity, Texas; died on 7 Jun 1957 in Bryan, Brazo County, Texas. [Group Sheet] [Family Chart]

Other Events:

• Reference Number: 7752

Other Events:

• Reference Number: 7753

Other Events:

• Reference Number: 7754

Other Events:

• Reference Number: 7755

Other Events:

• Reference Number: 7756

Other Events:

• Reference Number: 7748

Other Events:

• Reference Number: 7749

Other Events:

• Reference Number: 7750