the State of Texas                   In District Court

County of Medina Caldwell   Caldwell County

                                                Fall Term 1861.

            To the Honorable A. W. Terrell judge of the 2^nd judicial District in said State.

 

            Your petitioner Jacob Riff a resident citizen of the County of Medina in said state, complaining against John T. Tinsley of the county of Gonzales and John C. M^cKean of the county of Caldwell in the state aforesaid respectfully represents unto your Honor that the said John T. Tinsley & John C. M^cKean under the name & style of Tinsley & M^cKean, on the seventh day of December AD 1857 at Quihi in the County of Medina sold to your petitioner and your petitioner purchased of them the said Tinsley & McKean, a certain tract of land containing eighty acres, situated in the county of Medina, and more particularly described in a certain Title Bond executed and delivered by the said Tinsley & M^cKean to your petitioner on the day and year aforesaid, which is in words & figures as follows to wit:

 

"the State of Texas

"County of Medina     "Know all men by these presents, that we, John T. Tinsley of Gonzales County and John C M^cKean of Caldwell County / and state aforesaid are held and firmly bound unto Jacob Riff in the [?] sum of five hundred dollars, good and lawful money of this state, to which payment well and truly to be made we find ourselves, our heirs and legal representatives, witness our hands.

 

            "the condition of the above obligation is such that whereas the above bounden Tinsley and M^cKean has this day of the date underwritten sold unto the said Riff eighty acres of land spanish messure, commencing on a line between them and one L. Bailey one chain from the margin of the uper Quihi Lake and moving down the main channel of said stream with it meandering a sufficient distance so that a parallel line with the line between us and Bailey moving back to our back line will make said eighty acres; now if the aforesaid Tinsley & M^cKean shall well & truly make a good and sufficient deed to him the said Riff on the payment of five several notes bearing date herewith and drawing interest from date, then in that case this obligation to be null and void, otherwise to have full force & affect.

 

            "In witness whereby we have hereunto set our hands and scrolls being used for seals. Done in the Town of Quihi / Medina County this the seventh day of December AD 1857.                                                                     (Signed)

"Text                                                                           "Tinsley & M^cKean           seal

"Julius Harting"

"B Brooks"

            Your petitioner further represents that he has paid four of the promisory notes in the said Title Bond mentioned, and that the fifth & last of said notes fell due & became payable on the 1^st of Jany 1860 amounting to one hundred dollars principal and interest thereon from December 1857 to January 1^st 1860, in all $120.80; that this sum includes all the purchase money due on said tract of land. Petitioner further alleges that on the 5^th of April 1859 Tinsley & M^cKean by John C M^cKean executed & delivered an instrument in writing purporting to be a receipt in & by which your petitioner is credited with the sum of twenty-three dollars, which receipt is in words & figures as follows to wit:

 

            "Received of Jacob Riff twenty-three dollars a mistake in calculation of interest to be entered on his note now due—which is to be entered to his credit on said note."

 

"April 5^th 1859". Petitioner alleges / that the said sum of twenty three dollars was not credited on nor deducted from the note which matured in 1859 nor has it yet been allowed petitioner but still remains due & owing to him. Petitioner also alleges that the said John T. Tinsley is justly indebted to him in the sum of fifteen dollars for board & lodging furnished him by petitioner, and for care, forage, care & stabling furnished the horse of the said Tinsley by petitioner. Petitioner further represents unto your Honor that he was ready & willing to pay the balance of said purchase money at the time the same became due and payable with the interest thereon, and that at the time the said balance becaue due & payable or immediately thereafter, viz on the first of Jany 1860 tendered the said balance—being the amount stated in the said fifth last promissory note of one hundred dollars with interest thereon according to the tenor & affect thereon, to the said Tinsley & M^cKean, and demanded a deed to said land in accordance with the stipulation & condition of the bond for /

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