above parties to be read in evidence in the trial of the above cause
present both parties. The said Mary Cornelius sworn states that Daniel
Cornelius came to the place on or near the Spanish Bluffs where Mr.
Elis farm is at this time -- said Cornelius removed to that place in
May, 1831, towards the last of said month, with his family stayed there
part of two days and then removed to the place where John Morton is
living at this time. Said Cornelius raised a crop of corn by the consent
of B. R. Milam on said Milam's farm in 1831 at the place above mentioned
by R. Ellis and at the place said Cornelius removed to where John Morton
is now living. There was no person in possession of said place at that
time and said Cornelius remained at said place at the time Cornelius
came there but without shetters and chimneys and said Cornelius made
and put shetters to the doors and one chimney there was a small field
near the cabin where said John Morton is now living which had the
appearance of having been enclosed in part by a rail fence and in part
by a brush fence and a part of said fence had been burnt and said field
had the appearance of being a waste place and supposed to have been
eight or nine acres of cleared lands.
On part of the plaintiff.
Said Mary Cornelius states that when they moved to the place where said John Morton is now living there was a spring had the appearance of being used and a path from the house to said spring and when she left lost prairie it was the understanding from B. R. Milam that there was a spring of water at the place she was moving to. It was the understanding at the time she was moving that the spring of water was at the place where said Cornelius had commenced his crop and when she arrived at the place she found it not be the case and removed to the place where said John Morton is now living. When she arrived at said place there was a house enclosed with a rail fence and also a cow pin enclosed with a rail fence also.