#12. This interesting series of letters
were written in the late 19th century re. the estate of Marmaduke Sandefur.
They were contributed to this Website by Gladys Sandefur. Thank you, Gladys.
Rusk, TX August 17th 1871
Daniel Sandifer, Esq.
Sir - Your brother John M. Sandifer was in my office this day and informed me that your Uncle Robert, years ago, had deeded to the other heirs of Marmaduke Sandifer his interest in the Sandifer League in Lavaca County; that the deed was recorded in Opelousas and not in Texas and as I am employed by your brother to recover the land from the present occupant and need this deed - he requested me to write to you and request you to send to me the original deed if to be found, if not, an authenticated copy from records at Opelousas. If you know of any sales or powers of attorneys by any of the other heirs to any one to inform me all about it. If the parties living on the land have powers of attorney, we will prove it (?) to the heirs.
Do you know of any sale to W. E. Price or Helen M. McGincey - by any of the heirs?
Did you ever give power of attorney to any one to dispose of your interest?
Please answer prompt as it is important to act immediately.
E. W. Bush (signed).
Daniel Sandefur, Esq.
Herewith I send you a quit claim deed without any markings. I leave blanks to be filled both in this deed and the certificate of acknowledgment. You will have to have it signed before two witnesses called by Robert Sanderfer to whom he will acknowledge that he signed the said instrument for this purpose and consideration that it contains--then he will go before a judge of a court of second and acknowledge the same and he will fill up certificate to show the court of which he is judge and signs this same officially. The clerk recorder of the said court or officer filling the duties of clerk will fill and sign the second certificate. No second whatever is necessary in your state. I will second it in this state if these certificates are filled properly. I have filled all the blanks with blue pencil that there may be no error. The fillings may be erased with gum or a new instrument written. You can fill with my name-or your own, or your brother John Sandefur. If yours, you will have to give power of attorney for me to act. You may take the proposition enclosed or your Uncle Robert may take it or you may turn the matter over to your brother and we will then arrange terms. Please act without delay to save limitations.
P. S. Upon reflections I believe as your brother John is agent for this other it would be best to fill this out with his name where mine appears and he can make terms. Send this deed directly to me as his ? are best.
[Note from Gladys Sandefur: The address at top of this letter, Little Store, LA, was the barge that was pulled by a horse on shore, up and down Bayou Boeuf in St. Landry and Avoyelles Parishes so folks living along the bayou could purchase supplies that the Little Store had purchased in Washington, St. Landry Parish, LA. Washington was a prosperous ante-bellum inland port and Western frontier gateway. This was where passengers and freight that had come from New Orleans via the Mississippi River, Bayou Plaquemines, the Grand River and Bayou Courtableau to Washington were transferred to northbound craft].
Rusk, TX Nov. 24th 1871
Dear Sir. Please answer me immediately the following questions:
1st. Is the widow of Norflet Sandifer living or dead, if living where does she live?
2nd. Is Mary Fogleman living or dead, if living where is she living?
3rd. How many of the children of Mary Fogleman are living - give their names in full and residences - if married daughters give their present names and names of their husbands.
4th. If any married children of Mary Fogleman have died and left children give their names and residences--
5th. Was your Uncle Marmaduke Sandifer ever married is so who did he marry & where give her name in full--
6th. Where did our Uncle Marmaduke Sandifer die --please answer without delay as time is precious.
E. M. Bush (Signed)
The State of Louisiana
I, Robert Sandifer of aforesaid state and parish for and in consideration of the sum of two hundred dollars to be paid by E. W. Bush the receipt whereof is hereby acknowledged,have sold and do hereby convey to the said Bush all my interest as heir to the estate of my brother Marmaduke Sandifer, deceased late of the State of Texas and I do hereby relinquish and quit claim to the said Bush his heirs and assigns my entire interest in all lands, (?), goods and chattels coming to me or belonging to me at death of my said brother by virtue of the relationship that exists between us.
Witness by hand this 1st day of December A. D. 1871.
The State of Louisiana
This day appeared before the undersigned John Do Judge of the District Court in and for the Parish of St. Landry, Robert Sanderfer, whose signature appears to he above and foregoing attached instrument of writing dated this 1st day of December A. D. 1871, to me well known, who acknowledges and says that the foregoing deed of conveyance to E. W. Bush was signed and executed by him and the said Sandifer to the said Bush for purposes and considerations thereto specified.
In witness whereof I have hereunto signed my name and to be affixed the seal of the said court at Opelousas this the 1st day of December A.D. 1871.
John Doe signature
State of Louisiana
M. ? Johnson Clerk of the District Court in and for the Parish of St. Landry do certify that the same is a court of record and that John Doe whose signature appears to the foregoing certificate of acknowledgment and was at the time of signing this certificate this day qualified and legally acting judge of said court.
I have herewith signed my name and affixed my seal of the officer at Opelousas this 1st day of December A. D. 1817.
M. Johnson (signature)
Austin March the 31/92
Mr. D. Sandifer, Whiteville
Yours of the 20th just in hand and in reply will say that I have just returned from Lavaca County where I have been in your interest. I find as follows upon record.
First. An application made by Marmaduke Sandefer to the Mexican government as a colonist of Stephen F. Austin's Colony and as a married man, one League of land. Said application was made in San Felipe, Texas in 1831. Book C., p. 88.
Second. A translated title to Marmaduke Sandefer for one League of land situated in Lavaca County on the Creek Navidad. Book C, p. 89 & 90.
Third. Transfer made by Marmaduke Sandefer to William Barrett Travis for $150.00 cash, the South West 1/4 of his Head Right League. June 6/35. Book C., p. 91.
Fourth. Transfer by Marmaduke Sandefer of Montgomery Co., Texas for $5555.50 to Tho. Chaudoin of Fayette Co., Texas 555 1/2 acres of his Head Right League. October 16/40. Book A, p. 259
Fifth. Settlement & agreement made between James McLaughlin, brother and sole heir of Elizabeth Sandefer, the surviving wife of Marmaduke Sandefer, deceased and Appleton Gay, administrator. More of the estate of Marmaduke Sandefer, deceased and others -- releasing to him 1019 acres of the above league.
Sixth. Transfer by James J. Gidding as administrator of the Est of James McLaughlin conveying the land allotted to said James McLaughlin- Feb. 7/45.
Seventh. Power of Attorney from Elijah Fogleman, John S. Fogleman, Daniel Sandefur and Calvin W. Ferguson all of St. Landry Par La to John M. Sandefer to sell their land in Texas. October 10/59. Book, p. 148
Eight. Transfer from John M. Sandefer for himself and his agent and attorney for the heirs of John Sandefer, Robert Sandefer, Henry Sandefer and Nancy Fogleman for $500.00 credit to be hereafter paid. 100 acres to M. M. Wilkens. April 4/60. Book G, p. 278.
The power of attorney from the heirs of Sandefer, and deed from John M. Sandefer to M. M. Wilkens does not amount to much as the power of attorney. Also, I am informed the money was never paid. You will note that Marmaduke Sandefer sold 1652 1/2 acres of the land himself and that 1019 acres was sold by the administrators of James McLaughlin, brother of Elizabeth, wife of Marmaduke Standefer. I think we make the proof that Sandefer was never married and set this deed aside. But, the trouble is limitation. Ten years possession without a deed give valid title and five year possession holding under a deed, not matter what kind of deed, valid or not - gives Title.
I could not get the case ready for the court the last term. I will do my best in the matter but to be candid and in reply to the many questions asked me by the different heirs - I will say that our chances are quite doubtful of recovery. You will confer a favor by informing others of the heirs as I cannot so fully write to each one.
If you have a comment regarding these letters, I will post it here!
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