The Munsons of Texas — an American Saga
AUSTIN TO MUNSON DEED TO APPROXIMATELY 200 ACRES OF LAND
THAT INCREASED THE SIZE OF OAKLAND PLANTATION c1832
Transcribed by Laura Munson Cooper from Brazoria County Deeds Vol. SR. This deed was recorded in Brazoria County in 1848. An original copy, written in Spanish and recorded at San Felipe by Austin in January 1833, is among the Munson Papers. Also included in the Munson Papers are the field notes taken by Thomas H. Borden when he surveyed the land in November 1832. Please see the note that follows the transcription.
Second Seal= Twelve Reales = Legalized by the State of Coahuila and Texas for the biennial term of 1828 and 29. 30 &31. 32 & 33. —
Williams = In the town of San Felipe de Austin, on the 14th day
of January 1833 before me Luke Lessasier sole Alcalde of this
Municipality and the witnesses here below named and the two
assisting me with whom I act according to Law, appeared Estevan F.
Austin resident of this town to whom I give credit and known to me
and said: That for himself and in the name of his children, heirs
and assigns, sells and give in real and personal sale and perpetual
alienation under oath of succession forever to Henry W. Munson
resident of the Municipality of Brazoria one tract of land that
belongs to him as property and possession, and is part of the
tracts that Grantor received from the Government as premium for
having located his first colony, bounded and situate as follows:
From the northeast corner of said tract sold to Thomas Westall the
surveyor Thomas H. Borden drew a line North 1095 varas to a landmark 12 varas from a
black oak 30 inches in diameter marked M stands South 83° west
and a red oak mkd H 9 varas distant stands South 40° East of
said mark South 67½° west 1513 varas to another mark -
Thence south 517 varas to the northwest corner of said Westall
tract, thence East along the north line of said tract 1398 varas to
the place of beginning, which by multiplying each of those numbers
contain 1,224,600 square varas of level area, which he owns as his
property by virtue of the title issued by the Commissioner Baron de
Bastrop September 1st 1824, who declares and affirms he has not
sold, alienated or mortaged it, that it is free from tax, mortgage,
bond or any other incumbrance, real, perpetual, general and
executive, and as such sells it with all its belongings, buildings,
uses, issues, hereditaments and other things pertaining to it by
right for One thousand dollars which he confesses having received
all and complete, and is satisfied with them, as he wished to be,
renounces the laws ”non numerata pecunia de no entrego y
prueba” and also declares that the just price and true value
of said tract are the said $1000.00 that it is not worth more nor
had he found any one that would have given as much for it, that if
it is or may be worth more he makes of the excess, same being small
or little, a pure, perfect and irrevocable gift and donation in
favor of the purchaser, renounces the law 2 tit 1 book 10 N.R.
referring to contract of rules, barters and others in which there
is lesion for more or less one half of its just price and the four
years allowed to apply for its repeal or supplement which he
considers as passed as if really they were so - and from this day
on disposses himself forever, quit-claims, desists from, and sets
apart, his heirs and assigns of the dominion and property,
possession, title, voice and recourse and any other right he had to
said land, relinquishes, renounce, and transfers it with the real
and personal actions, mixed and others to the purchaser or his
representative that he may possess, enjoy, exchange, alienate, use
and dispose of it at his pleasure, as his own, acquired under a
just and legitimate title, and confers irrevocable power with free,
frank and general administration that he may of his own authority
or judicially take possession of said tract which by right he is
vested with, and in order that he may not have to take it, he asks
me for a certified copy of it, with which, without any other act of
seizure he must be considered as having taken it, seized and
transferred to him, and in the mean time he constitutes himself its
possessor by law, and binds himself that nobody shall disturb him
in the possession, enjoyment and use of the tract, in consequence
of any obligation, and that no incumbrance shall ever appear
against it, deriving from the grantor, and in compliance with all
of this he binds his person and property and gives ample power to
the Judges who have cognizance of this business according to law
that they may compel him to comply, as if it were by sentence
approved of competent Judge and passed by authority similar to any
other judgement, and as such receives it, executing same and
signing with me, the witnesses being Walter C. White and Spencer H.
Jack residents of this town and before those assisting me with whom
I act according to law, to which I attest = Agrees with its
original on record in the Archives of this Justice Court under my
charge from which I ordered copy made this day of its delivery in
the form required by law, it is faithfully copied, corrected and
amended, which I certify and sign with assisting witnesses conform
to Law =
Asst’g L.
Lesassier
Samuel M. Williams
E.W.J.
Hawkins Filed
6 May 1848- M.B. Williamson
NOTE: The preceding deed is for the land
highlighted in green. The acquisition enlarged Oakland Plantation
(original 1828 purchase highlighted in
yellow) by some 200 acres. Although the distance measurements in
both the deed and field notes are identical, the total calculated
area is greater in the deed by exactly 100,000 square varas —
surely a transcription or translation error that occurred when it
was recorded in Brazoria County in 1848. I (LMC) did the math and
arrived at a figure (1,126,700 sq. varas or 199.55 acres) close to
Borden's (1,124,600 sq. varas or 199.17 acres). So,
assuming 200 acres, give or take, the original 1828 purchase was
for approximately 354 acres based on a known grand total of 554
acres at the time of Henry William's death. He paid five
times the amount per acre as he did for the adjoining property in
1828.