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(TEXAS - LAND SPECULATION) [New Washington Association ; James Morgan]
Polk County Texas District Court clerk’s 1854 transcript of Nathaniel Bailey and others vs. James Morgan concerning Swartout, Texas and shareholders.[Polk County District Court, Texas, 1854–1855]. Folio, [15] ff. Bound with cloth tie and affixed with wafer and red wax court seal; one blind-stamped seal to last leaf, docketed. Folded, scattered wear, very good overall.
James Morgan (1787–1866) was a Texas pioneer; a wealthy speculator and land agent; a former Galveston commander during the Texas Revolution; and a successful cattle rancher. During the Texas Revolution, Morgan supplied civil and military branches of the Texas government with material goods from his lucrative mercantile business. In 1835, Morgan functioned as a land agent for the New Washington Association. The NWA was a group of wealthy New York financiers who banded together to profit from Texas real estate and land-buying fever. As such, Morgan was responsible for the founding and selling of shares of the town of Swartout, Texas. Swartout was named for Samuel Swartout (an NWA company bigwig and New York speculator who lived from 1783–1856) and was laid out near the commercially-viable Trinity River. Swartout, now a ghost town, is near Lake Livingston, seventy-five miles north of Houston. This item concerns a suit brought against Morgan by the townsmen of Swartout, Texas. The stockholders had purchased adjoining 50 acre lots and had expected Morgan to promote the town’s growth properly by selling lots and issuing more stock. By the 1850s, Swartout residents saw the town’s growth languishing, in part because Morgan (and an unidentified entity residing outside of the state) held 100 land shares which said unknown individual (s) had failed to develop properly. With this document, the Polk County district court clerk, D. D. Moore, provides a true copy and notarized transcript of the court proceedings as of September, 1854: the nature of the case, Swartout’s stockholders and residents’ petitions, Morgan’s rebuttal, the attempts to reveal the identity of these unknown landholders by the plaintiffs, Nathaniel Bailey, et. al. We believe this document was created and notarized as an attorney’s copy by the district court clerk in 1854, and that it is not a state document. The first leaf is docketed a year later as “Filed Jany 30, 1855. T. Green clk. s.c.” Even though the Polk County district court quashed the suit, the matter did not end in 1854. A year later, in 1855, the Texas Supreme Court remanded the lower court’s decision. Reports of cases argued and decided in the Supreme Court of the State of Texas, 1855. 13:342–244. HOTO speculates that the New Washington Association probably ended in 1852. This document may shed insight into its last staggering steps.
$650
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