Affidavit from Alexander Somervell
Text of Somervell Affidavit
Republic of Texas
County of Austin
Alexander Somerville of said County being duly sworn doth depose and say that he was acquainted with James Tylee of said County, (and) with Jacob Ebberly, late of Bastrop deceased, and formerly of Columbia, and that during the month of October or November of 1834, said Ebberly sold to said Tylee, one half of his headright for one league of land, and that said Tylee then paid said Ebberly the consideration in full for said purchase, as said Ebberly subsequently has repeatedly acknowledged to this deponent, and said Ebberly executed to said Tylee, his Bond for a title to said land, which Bond was subsequently placed by said Tylee in the hands of this deponent, and was afterwards destroyed with many other papers of this deponent, at the time of the burning of the Town of San Felipe, (and) the invasion of the Mexican army. And this deponent further saith that said Ebberly has repeatedly acknowledged to this deponent during his lifetime since the destruction of said Bond, his (Ebberly’s) obligation to make title to said Tylee or his legal representatives, for said land, and of his willingness so to do, at any time when called upon for that purpose.
Before me this
30 May 1841 A Somervell
Affidavit of Alexander Somervell.
I.L. Hill vs. Estate of Jacob Ebberly deceased.
Clerk’s Note: (This is our interpretation of the handwriting and therefore a more exacting examination may find discrepancies.)