John P. Coles to Stephen F. Austin, 09-29-1825

Summary: Concerning a disputed land title.

29th September 1825

Dear Sir

There is likely to be some difficulty between William Milican and Whitesides boys I will Explain the circumstances to you and wish your opinion Henry and Boland Whitesides and Jack C. Davisapplied to me Jointly for Land I agreed to let them have the League of Land to be Equally divided but when Sims made his Return he left out the name of Davis and the Deed came out in the name of Henry and Boland Whiteside of which I Informed them when I delivered to them the deed they agreed it should make no difference that they wood secure to Davis one Third of said League of Land as Soon as It was convenient Mr. Milican has now bot one Third of the Land from Henry Whiteside and has taken his obligation to make him a Deed to It he has also bot Davis land which constitutes another Third they made a Division of the Land as appears from the manner in which they have disposed of It. this is the only Evidence of, a Division Boland Whiteside now contends for One Half of the League of Land and says that as no Legal Division has been made he is not bound to be governed by the sales that were made he further contends that Davis has no Right to the Land that he has got the Deed and will hold the Land Now the question is wheather Davis Sale of the Land wood Intitle Mr. Milican to It or not or wheather Davis could hold the Land himself Independant of Bolands opposition and wheather the Division made among them previous to Mr. Milicans purchasing this Land wood be considered obligatory or Legal Mr Milican on faith of the Contract made with Davis and Henry Whiteside has moved on to the Land with his family your opinion on the subject might Enable me to have the matter arranged without any further difficulty or otherwise the Business will come before you for Decission

Jno P Coles [Rubric],

[Addressed:] Col. S. F Austin San felipe de Austin Mr. Patch