Arthur McCormick, John R. Harris to Stephen F. Austin, 11-09-1826

Summary: Judicial procedure.

Harrisburg, Nov 9 1826

Col. Stephen F Austin

Dear Sir—Permit me to trouble you for the following information, what is the Law or practice in this Country in regard of a Physician Proveing his accounts, can he prove it by his own Oath or not. the reason of my making the inquiry is. Hunter has brought a Suit agt the widow McCormick for a Medical Bill and she insists on his proveing his demand but will not consent to his oath, being taken in evidence against her, Hunter has also brougt suit agt her on a note, given by Her Husband to Hunter for surveying, she object to the payment of the note, in consequence of there being exceptions made to the Survay by you, and she says she never has received her Deed out of the office in consequence of Hunter lines being wrong, according to your request I have Taken a bond from Hunter, with security for three Hundred Dollars, conditioned to resurvey all the lines that are wrong. I send you a copy of the note

On or before the first day of December next I promise to pay to Johnson Hunter or order forty Eight Dollars in Cattle to be rated at current prices for such cattle when paid if the parties disagree on the price they shall select two men to decide for them it being for surveying of my Land, and if the survey is not accepted this shall be void otherwise to remain in full force and virtue against me Witness my hand this first day of December 1824.

Arthur McCormick


Danil. E. Battless

I will thank you for an answer between this and the first Saturday in December—I send you by Mr Moore all the Terpentine that I can procure at this time. If I had of known of it when the weather was warm. I could of procured any quantity of it; after the recpt of Mr Williams letter I bored several Trees, but the weather was to could, for the Turpentine to run

John E. Harris [Rubric]

[Austin's reply—filed with Austin to Saucedo, December 16, 1826:] After an examination of the documents sent up to me by you in the case of Hunter vs the widow McCormick I have deemed it due to justice to order that you should admit the application of said widow for an appeal taking the security required by the regulations and that a regular transcript of the whole proceedings should be sent up by you to the Superior Court of this colony