72
STAT.]
PRIVATE LAW
85-567-AUG.
14, 1958
Private
Law
85-566
AN
ACT
For
the
relief
of
Johnnie
P.
Saylors.
A99
August
14, 1958
[H.
R.
4461]
Be
it
enacted
hy
the
Senate
and
House
of
Representatives
of the
United States
of
America
in
Congress
assembled^
That the Secretary
of the Treasury be,
and he is
hereby, authorized
and
directed
to pay,
out
of any
money
in the
Treasury
not
otherwise appropriated,
to
Johnnie
P.
Saylors,
the
sum
of
$9,665,
in
full settlement
of all
claims
against
the
Government
of the
United States
for
injuries sustained
by
her on
October 26, 1953,
as a
result
of
being struck
by a
United
States Army vehicle, near
Dinglefing,
Germany:
Provided^
That
no
part
of
the amount appropriated
in
this Act shall be paid
or
delivered
to
or
received by any agent
or
attorney
on
account
of
services rendered
in connection with
this
claim,
and the
same shall
be
unlawful,
any
contract
to the
contrary notwithstanding.
Any
person violating
the
provisions
of
this
Act
shall
be
deemed guilty
of a
misdemeanor
and
upon conviction thereof shall be fined
in
any sum not exceeding $1,000.
Approved August
14,
1958.
Johnnie
lors.
IP.
Say-
Private
Law
85-567
AN ACT
To
quiet
title
and
iM)Ssessi()n
with
respect
to
certain
real
property
in the
county
of
San
Jacinto,
Texas,
and
authorizing
named
parties
to
bring
suit
for
title
and
i)ossession
of
same.
Be
it
enacted
hy the
Senate
and
House
of
Representatives
of the
United States
of
America
in
Congress
assembled^
That jurisdiction
is
hereby conferred notwithstanding the lapse
of
time, laches,
or
statutes
of limitation,
on the
United States District Court
for the
Southern
District
of
Texas, Houston Division,
to
hear, determine,
and
render
judgment
on the
claims
and
controversies
of the
parties hereinafter
named
in
groups
1
through
6,
respectively, concerning
the
title
and
possession
of,
and
for
damages to the land included
within
the follow-
ing described tracts
of
land, numbered
1
through
6,
respectively,
in
corresponding numerical
order;
and
those parties
are
hereby granted
permission
and are
authorized
to
bring suit
or
suits
in
said courts
against
the
United States
of
America
for the
title
and
possession
of,
and
for
damages
to the
land included within
the
tracts described
herein:
GROUP
ONE
G.
A. Ott, F. M.
(Marion)
Ott,
James
E.
Faulkner,
and
Jeff
Cochran.
GROUP
TWO
T.
R.
(Tom)
Bo
wen
and
wife, Mrs.
T.
R.
(Tom) Bowen, Sylvester
Bowen,
and
James
E.
Faulkner.
GROUP
THREE
Elizabeth McMurrey,
a
feme sole, individually
and as
admin-
istratrix
of the
Estate
of V.
W.
McMurrey, deceased,
and
James
E.
Faulkner.
GROUP
FOUR
August
14,
1958
[H.
R.
4768]
San J
acini:
Property
etc.
o.Tex.
titles.
W.
G.
Mizell
and
wdfe,
Mrs.
W.
G.
Mizell, and James E. Faulkner.
AlOO
PRIVATE LAW
85-567-AUG.
U,
1958 [72
STAT.
GROUP FIVE
Rachel Faulkner, James E. Faulkner, and Elgin Matthews.
GROUP SIX
Bevel
Enloe,
Ben Brown, Minnie Cherry and husband, Manuel
Cherry, B.
E.
Whitton,
J. F.
Whitton,
C. E. O'Briant, Barney
O'Briant, James Whitton, T. V.
Yea^er,
Wilmer Yeager, Cassie
Yeager, Gladys Lilley and husband
Alvm
Lilley, George Enloe, Jim
Enloe, Ed Enloe, T. F. Enloe, Carrie Vickery and husband J. A.
Vickery, Delia Ott and husband G. A. Ott, Ernestine Puckett and
husband Floyd Puckett, Lucille Mosely and husband Thosmas Mosely,
Ethel Thomas and husband Bruce Thomas, Helen Lilley and husband
Jamie Lilley, Birtie Lilley, a feme sole, Udell
Mcllvain,
Robbie
Alvin
(Mickey) Mcllvain, Celestia Fowler and husband J. C. Fowler,
Sidney Whitmire, Clyde Whitmire, Claude Whitmire, Dolly Grimme
and husband H. A. Grimme, Bonita Perdon and husband Earl Perdon,
R. L. Whitmire, Rose McMillan, Lee McMillan, Odis Matthews, Ruby
Plander, George H. Plander, Dorothy Plander, Eddie Plander, L. C.
Matthews, Trulee Matthews,
Arvil
Matthews, Jermima Blicham and
husband Robert Gene Blicham, Mrs. Dorothy Matthews, a
feme
sole,
Bobby Jean Matthews, David Matthews, Jewell Edna Matthews,
Annie Mae Shean, L. D. Shean, Clareed Taylor, F. W. Taylor, Pauline
Taylor, W. H. Taylor, Ruth Driver, Billey Driver, Margaret Sim-
mons,
W. F. Simmons, J. V. Hickman, Elmer Hickman, Ernest Hick-
man, and James E. Faulkner.
TRACT ONE
Being an undivided one-half interest in that certain
160
acres of
land, more or less, in and a part of the James W. Robinson league or
survey, situated in San Jacinto County, Texas, described in a deed
from H. W. C. Bittick and wife A. B. (Bell) Bittick to I. I. Ott,
bearing date of October 7, 1897, and recorded in volume Z, page 545,
Deed Records of San Jacinto County, Texas, and also that land de-
scribed in a deed from J.
N.
Bittick and Alma Bittick to Clara Ott,
dated November 2, 1903, and recorded in volume Z, page 548, Deed
Records of San Jacinto County, Texas, and also that land described in
a deed recorded in volume Z, page 544, Deed Records of San Jacinto
County, Texas, and in an instrument of conveyance from G. A. Ott
to James E. Faulkner and Jeff Cochran, dated April 12, 1950, and
recorded in volume 55, pages 483, et
seq..
Deed Records of San Jacinto
County, Texas, to which deeds, instruments and records reference is
here made
for
a
full
and complete description of said land and
for
all
purposes, such land being more particularly described by metes and
bounds as follows, to-wit:
Beginning on the south boundary line of said Robinson league 707
vrs from the southeast comer of same, it being the southwest corner
of the J. S. (A) Finn survey established by retracing the
boundaries <
originally marked on the ground, a pine mkd X brs S 44 W 6 vrs,
a sweet gum brs W 84
vrs;
Thence S
491/^
W 750 vrs to a stake from which a magnolia brs
S 25 E 4.2
vrs;
another brs N
41W
5.4
vrs;
Thence north
401^
W 920 vrs to a stake from which a pin oak 20
in in dia brs S 53 E 3.2 vrs another 16 in in dia brs S 27 W 3.2
vrs;
Thence north
491^
E 530 vrs to west bank of Winters Bayou a stake
from
which a sycamore 6 in in dia brs S 70 W 5.8 vrs another brs W 20
E 7.4
vrs;
72
STAT.]
PRIVATE LAW
85-567-AUG.
14, 1958
AlOl
Thence down
and
with
the
meanderings
of
said bayou,
general
course
,S
841/^
E
633
vrs to a
stake
from
which
a
sweet gum 18
in in dia
brs
N
63 E 4.8 vrs and a
magnolia
15 in in dia brs S 69 E
8,6
vrs to a
stake;
Thence
S 66 E at 622 vrs
intersected said league line
a
stake from
which
an ash 16 in dia brs. S 63
W
5 vrs and a red oak 10 in in dia
brs northwest
7.6
vrs;
Thence
S
491^
W
with said Robinson league
or
survey line
to the
place
of
beginning, containing 160 acres
of
land, more
or
less.
TRACT
TWO
That certain tract
of
land composing thirty-two
and
one-tenth acres
of land, being
a
part
of the L. A.
Gosse
six
hundred
and
forty-acre
survey situated
in San
Jacinto County, Texas,
in the
New Hope com-
munity about sixteen miles south
of
Coldsprings, Texas, more particu-
larly described
by
metes
and
bounds
as
follows,
to-wit:
Beginning
at the
southwest corner
of
said
L. A.
Gosse survey,
same being common with
the
southeast corner
of the
William Dobie
survey
on the
north boundary line
of the D. M.
Bullock survey,
an
iron
car
axle stake
for
corner from which
a
pine
3 in in dia mkd X
brs
S 9 W 1.6
vrs,
a
sweet
gum 3 in in dia mkd X brs N 62 W
2.1
vrs,
a sweet
gum 6 in in dia mkd X brs
N
18 E 2.5 vrs and a
pine
6 in in
dia
mkd X brs E 3.9 vrs;
Thence
N
2 W 204 vrs to a
1"
x
3"
iron
bar
stake painted
red for
corner, from which
a
50-inch black
gum brs
N
80 W 4.3 vrs a
white
oak
20 in in dia brs N 30
W
8 vrs and a
pine
4 in in dia brs S
52
E 3.3
vrs;
Thence
N
88
E
along
an old
fence
row at
889
vrs a
stake
for
corner
from which
a 2 in
iron pipe painted
red brs
N
83 E 4.3 vrs, a
white
oak
14 in in dia mkd X in
fence corner
brs S 86 E 5.4 vrs, a
i/^
inch
iron
pin
brs
S
85
E 6
vrs,
a
3 inch pine brs
N
24
E
2.3
vrs;
Thence
S 2 E 207 vrs to a
stake
for
corner
on the
south boundary
line
of
said
L. A.
Gosse survey
on the
north boundary line
of the
James Patterson survey (abstract
Xo,
243), from which
a
sweet
gum
20
in in dia mkd X
brs
S
10
W
2.7
vrs;
Thence West with said Gosse south boundary line, same being also
the north boundary line
of
said Patterson survey
97.2 vrs to the
com-
mon corner
of the
David
M.
Bullock survey
and the
James Patterson
survey
on the
South Gosse boundary line (same being
the
NEC
of
said
Bullock survey
and the
NWC
of
said Patterson survey)
a
stake
for
such common corner from which
a
pine
3 in in dia mkd X brs
N
481^
W
1
vr;
a
double Fork
Pin Oak mkd XX brs S 79 E 5 vrs and a pin
oak
3
inches
in dia mkd X brs S 1 W
1.4
vrs (old
original witness
and
bearing trees gone)
;
Thence continuing with said
L.
A.
Gosse South boundary line, same
being common with
the
David M. Bullock survey North boundary line
S 88
W
793 vrs
to the
place
of
beginning, containing 32.1 acres
of
land.
TRACT THREE
Those certain tracts
of
land situated
in the BBB & C
ER
Co.
Sur-
vey (Abst.
No. 82) and the
George Taylor
I^eague
or
Survey (Abst.
No.
292)
and
being
the
same lands conveyed
to Jim
McMurrey
by G. I.
Turnley,
by
deeds dated
July
9,1917,
March
1,1918,
and
March
6,1918,
respectively,
and
recorded
in
Volume
12,
pages
247, 248, and 311,
respectively,
of the
Deed Records
of San
Jacinto County, Texas;
A102 PRIVATE LAW
85-567-AUG.
14, 1958 [72
STAT.
Those two certain tracts conveyed to Jim
McMurrey
by J, M. Hans-
bro under dates of March 2, 1918, and April 13, 1918, recorded in
Volume 12, pages 251 and 241, respectively, of the Deed Records of
San
J
acinto County,
Texas;
That certain tract of land described in a deed of February 26, 1918,
from
L.
T. Sloan to Jim McMurrey, recorded in Volume 12, page 246,
Deed Records of San Jacinto County,
Texas;
That certain tract of land described in a deed of March 25, 1918,
from C.
W.
Robinson to Jim McMurrey, recorded in Volume 12, page
346,
Deed Records of San Jacinto County,
Texas;
That certain tract of land described in a deed of April 2, 1918,
from J.
W.
Merrell, et
al
to
Jinv
McMurrey, recorded in Volume 12,
page 344, Deed Records of
San
Jacinto County,
Texas;
That certain tract of land described in a deed of Record in Volume
12,
page
401,
Deed Records of San Jacinto County, Texas,
from
Helen
M. Jessup, et al to Jim McMurrey.
Reference to above deeds and the records thereof being here now
made for a full and complete description of said
lands
(s) and for
all legal purposes.
TRACT FOUR
Being 11.3 acres, more or less, out and a part of the
Wm.
R. Goode
League or Survey (Abstract No. 136), more particularly described
by metes and bounds as follows,
to-wit:
Beginning at the Southwest corner of the James Youngblood or
what is known as the Boyd or James Youngblood 180 acre tract out
of and a part of said Wm. R. Goode Survey, and which corner is West
150 vrs and North 75 vrs from the Northeast corner of the L. R.
Pearson 953 acre tract, and which is also an "L" corner of the Wm. R.
Goode Survey, said corner being in an old field;
Thence north following the West line of said 180 acre tract at 319
vrs pass the southeast corner of said Youngblood 50 acre tract, and
the northeast corner of the Hiram Purkerson 50 acre tract out of the
vsaid
180 acre tract, and continuing north at 849 vrs pass the northeast
corner of the Youngblood 50 acre tract at 1100 vrs to the old original
corner of the Boyd or James Youngblood 180 acre tract, a stake
from
which a gum 22 in in dia brs S 40 E 12 vrs this point and corner being
the beginning point or corner of the 11.3 acres involved and described
in Cause No. 3701, styled "Foster Lumber Company vs. W. G. Mizell"
in the District Court of San Jacinto County, Texas, and therein de-
creed to the said W. G.
Mizell;
Thence north 77 vrs to a stake from which a pine 5 inches in diam-
eter brs N 82 W 2 vrs and a pine 5 in in dia brs S 75 E 3.3 vrs, this
point being 149 vrs south of the south line of the P. H. Cannon 963
acre tract out of said Goode
Survey;
Thence east along and following the old divisional line through
the Goode survey to a stake for corner on the West bank of the San
Jacinto River, from which a pin oak 20 in in dia brs S 35 W 6 vrs,
this distance being
8291/^
vrs;
Thence south along and following the meanders of said River to
the northeast corner of the old original Boyd or Youngblood 180
acre tract, a corner on the Bank of the old River at the northeast
corner of an old field;
Thence west along and
following
the old original north line of said
Boyd or Youngblood 180 acre tract 829 vrs to the place of beginning,
containing 11.3 acres of land, more or less, and being the same land
awarded and decreed to the said W. G. Mizell and described in a
judgment rendered and entered in cause No. 3701, styled, "Foster
72
STAT.]
PRIVATE
LAW
85-567-AUG.
14, 1958 A103
Lumber Company vs.
W.
G. Mizell" on the 16th day of February,
1926,
by the district court of San Jacinto County, Texas, recorded in
Volume J,
pa^es
332, et seq., minutes of
tlie
said District Court, refer-
ence to which is here now made for all purposes.
TRACrr FIVE
Beino-
49.4 acres of land, more or less, of the Watson Estate, a part
of the Vital Flores
I^a«iue
or Survey (Abst No. 14) situated about 8
miles southwest of
Coldsprin^s,
Texas, bounded on the Northwest by
the Grover Ellisor Estate (formerly the old John Henry Kirby
Tract),
on the northeast by the old
R.
I). Denson and Santa
Fe
Tie &
Lbr
(^o.
(IT. S. A.) tract, on the south and southeast by the
II.
S. A.
Forest lands, and on the west and southwest by the paved farm-to-
niarket
road
]eadin<r
from Evergreen to Cleveland, Texas farm road
No,
2025, and more ])articularly described by metes and bounds as
follows,
to-wit:
Beginning at corner No. 7 of a 267 acre (more or legs) U. S. A. forest
tract known as said government's tract "J13" being the most north-
ern corner of land formerly owned by
Lila
Cochran and H. S.
Lilley,
a
1"
iron pipe stake for corner witnessed by marked and blazed bear-
ing trees; (said corner being on the common boundary line between
said Vital Flores and the James Rankin, Jr., surveys) ;
Thence north 50 W with said Common boundary line of and between
said Flores and Rankin surveys, it being the line, 723 vrs to the stake
for corner from which a 20 in sweet gum mkd X brs S 31 W 10 vrs,
and a 10 in sweet gum mkd X brs S 83 W 6 vrs, and a
20
in forked
pine mkd X brs N 77 E 3 vrs, said corner being common with the most
eastern or northeastern corner of said old Kirby (Ellisor)
tract;
Thence S 40 W 415 vrs with the southeast boundary line of said
old
Kirby
(Ellisor) tract, it being the line to stake for corner in
the right-of-way of said Paved farm road, same being a northern
corner of the old J. O. H. Bennett
tract;
Thence S 36 E with and down said Farm Road, it being the line
345 vrs to a stake for corner in the northwest boundary line of said
U.
S. A. forest tract where same intersects said road, said corner
being N 77 E 240 vrs from corner 6 of said U. S. A.
"J13"
tract, said
stake and corner being witnessed by mkd and blazed bearing trees;
Thence N 77 E
wdth
the Northwest boundary line of said
U.
S, A.
tract
"jl3"
it being the line 630 vrs to the place of beginning, contain-
ing 49.4 acres, more or less.
TRACT SIX
An undivided
%
interest in the following 80 acres of land, more
or less, being a part of the James W. Robinson League or
survey.
Abstract No. 45, situated in San Jacinto
tI!lounty,
Texas, more par-
ticularly described by metes and bounds as
follows:
Beginning at the southwest corner of a 32 acre tract owned or
formerly owned by A. J. Bruner, said corner being a 20 in black gum
mkd
X;
Thence S 16 deg 54' West along the southerly projection of the
West line of the said Bruner 32 acre tract, a distance of 473 vrs to a
point for the southwest corner of the herein described tract;
Thence south 77 deg 52' East 953.3 vrs to a point
for
corner;
Thence north 17 deg East 473 vrs to the Southeast corner of. the
P.
L. Robberson 32 acre tract, being a concrete monument marked
J-364 (or J-365) from which monument a
6"
Pin Oak mkd U. S. B. T.
brs South 6 West 12.1 vrs and a
9"
pine mkd U. S. B. T. brs S 72 W
20 vrs:
A104
PRIVATE LAW
85-568-AUG.
14, 1958
[72 S
TAT.
Thence north 72 deg 44' West with the south line of the said
Rob-
berson 32 acre tract, 385.4 vrs to the southwest corner of same, being
the southeast corner of the W. A. Johnson 16 acre
tract;
Thence north 73 deg 01' West with the south line of said W. A.
Johnson 16 acre tract and the south line of the aforesaid Bruner 32
acre tract, a total distance of 568.7 vrs to the place of beginning, con-
taining 80 acres of land, more or less.
Approved August 14, 1958.
August 14,
1958
[H.
R.
6593]
Private Law 85-568
AN ACT
For the relief of Mrs.
Jiianita
Burna.
Mr s.
Burna.
Be
it
enacted by the
Senate
and House of Representatives of the
juanita
United States of America
in
Congress
assembled^
That the
Secretary
of the Treasury is authorized and directed to pay, out of any money
in the Treasury not otherwise appropriated, to Mrs. Juanita Burna,
Warwick, Virginia, the sum of $15,335.93. The payment of such
sum
sliall
be in full settlement of all claims of Mrs. Juanita Burna
against the United States on account of severe personal injuries sus-
tained by her on October
5,1954,
when the automobile she was driving
on the island of Okinawa in the Ryukyu Islands was struck by a
vehicle owned by the United States and operated by its
agent:
Pro-
vided,
That no part of the amount appropriated in this Act in excess
of 10 per centum thereof shall be paid or delivered to or received
by any agent or attorney on account of services rendered in connec-
tion with this claim, and the same shall be unlawful, any contract
to the contrary notwithstanding. Any person violating the pro-
visions of this Act shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined in any sum not exceeding $1,000.
Approved August 14, 1958.
August 14,
1958
[H.
R. 6970]
C. A. Nolan.
Private Law 85-569
AN ACT
For the relief of C. A. Nolan.
Be it
enacted
by the Senate and House of
Representatives
of the
United
States of
Amei'ica
in Congress assembled. That the Secretary
of the Treasury be, and he is hereby, authorized and directed to pay,
out of any money in the Treasury not otherwise appropriated, the
sum of $495.22 to C. A. Nolan of Seymour, Indiana, in full settlement
of all claims against the United States.
The payment of such sum represents the increased costs of produc-
tion of one thousand and fifty one-hundredths tons of bituminous
coal
furnished
various Civilian Conservation Corps camps under con-
tract No.
W-5501-qm-CIV-1649,
dated June 11, 1941. Such Civilian
Conservation Corps camps were under the jurisdiction of the United
States Department of the Army:
Provided,
That no part of the
amount appropriated in this Act shall be paid or delivered to or re-
ceived by any agent or attorney on account of services rendered in
connection with this claim, and the same shall be unlawful, any con-
tract to the contrary notwithstanding. Any person violating the pro-
visions of this Act shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined in any sum not exceeding $1,000.
Approved August 14, 1958.
