Seventh Generation

435. Thomas Beale DORSEY was born on 15 January 1831 in Patapsco, Baltimore, MD.^{690,1545,1546} He appeared in the census in 1850 in Cuivre Township, Pike, MO.¹⁵⁴⁷ He appeared in the census in 1850 in Above the City on the River, Sacramento Co, CA.¹⁵⁴⁸ Thomas migrated in 1850 to in from Pike County, MO to CA overland.^{782,1549,1550} He owned owned land on the Tuolumne River with John W Dorsey in 1855 in Crescent City, Stanislaus, CA.¹⁵⁵¹ [Principal] was listed in in Columbia, Tuolumne, CA city directory in in 1856.¹⁵⁵² He Tom and John are visiting in Missouri on 24 June 1856 in Pike Co, MO.¹⁵⁵³ ...James Crow & Pike Crow & John McPike returned with John from Callifornia with John, Tom expect to return this fall John ses he left Caleb Dorsey well in
Callifornia & hes doing well. Mrs Andersons boys has made twentyfive hundred Dollars a piece. John ses he think there will be more gold taken out this season than there was in forty nine and the minors do better than they did then. John likes Callifornia than any part of the wourld he has seen he expects
to start Back in October or November,...
Note: Crows and McPikes, neighbors in Pike County, went to the mines in about 1850 with the Dorsey brothers. March 11, 1850, Walter Crow advertised the sale of all of his negroes, horses, cattle, jacks, jennets, farming equipment, etc., because "the subscriber is preparing to leave for California and will also sell his residence near Ashley, Pike County, Missouri on 18 March. Discounts for cash. Thomas was appointed Grand Juror in February 1857 in Sonora, Tuolumne, CA¹⁵⁵⁴ On 25 July 1857 he acquired lot of land in Chinese Camp, Tuolumne, CA¹⁵⁵⁵ Hiram Garrett To Thomas B Dorsey, Deed:

This Indenture, made and concluded this twenty fifth day of July AD Eighteen hundred and Fifty seven, by and between Hiram Garrett of Chinese Camp in the County of Tuolumne and State of California, as party of the first part and Thomas B. Dorsey of the same place as party of the second part, Witnesseth, That, for and in consideration of the sum of Seven Thousand Dollars to him in hand well and truly paid, the receipt whereof he doth hereby acknowledge, the said party of the first hath and by these presents doth give grant bargain sell remise release and forever grant claim unto the said party of the second part, his heirs and assigns, all his estate, rights, title and interest both at Law and in Equity, and as well in possession as in expectancy of in and to all that certain lot, piece or parcel of land and premises situate, lying and being in Chinese Camp aforesaid on the South side of Main Street in said Camp and known as the "Garrett House," the said land and premises being bounded on the north by Main Street on the East by lands owned by one Geo. Gray, on the South by Washington Street, and by lands of Vedder & Cutler on the west. Together with all and singular the houses, buildings trees thereon situated, the rents, issues and profits thereof, the appurtenances thereunto belonging or in any wise appertaining. To Have and to Hold the above granted premises unto the said party of the second part his heirs or assigns, to his or their own proper use, benefit and behoof forever. In Witness Whereof the said Hiram Garrett hath hereunto affixed his hand and seal the day and year first above written. Hiram Garrett (SS)
Sealed and executed in the presence of Christian Gros, J Collingridge

State of California Tuolumne County Before me Jos Collingridge, a Justice of the Peace in and for the County aforesaid, personally appeared Hiram Garrett who is known to me to be the person named in the within and foregoing conveyance, and who acknowledged to me that he signed, sealed executed and delivered the same freely and voluntarily and for the uses and purposes therein expressed. In Witness Whereof I have hereto affixed my hand as such Justice at Chinese Camp aforesaid this twenty seventh day of July AD Eighteen hundred and fifty seven. Joseph Collingridge Justice of the Peace

Recorded February 16, 1860 at 3h PM by request of John W Dorsey. He served as surety on on 2 September 1857 at in Tuolumne Co, CA for¹⁵⁵⁶ Thomas appeared in the census in 1860 in Cuivre Township, Pike, MO.¹⁵⁵⁷ He appeared in the census in 1870 in Emory, Stanislaus, CA.⁷⁹⁴ On 20 January 1870 he was an awarded state contract in Sacramento, Sacramento, CA.¹⁵⁵⁸ Thomas owned purchased a 1/3 interest in Caleb Dorsey's property on 11 September 1871 in Stanislaus County, CA.⁸⁷⁰ After 11 September 1871 he was a joined Roberts & Dorsey in smelter in Joplin, Jasper, MO.¹⁵⁵⁹ He Attended the Pacific Coast Centennial on 5 September 1876 in San Francisco, San Francisco, CA.¹⁵⁶⁰ Thomas appeared in the census in 1880 in Joplin, Jasper, MO.¹⁵⁶¹ On 16 April 1883 in Joplin, Jasper, MO he was sued for payment of debt by Porter and Roberts.¹⁵⁶² He lived in Tennessee on 24 August 1883.¹⁵⁶³ Thomas returned home from Dorsey funeral on 4 April 1885 in Sonora, Tuolumne, CA.⁷⁹⁸ He served as surety on on 21 October 1885 at in Sonora, Tuolumne, CA for¹⁵⁶⁴ On 28 May 1886 in Kansas City, Jackson, MO he was sued by Edward Dorsey Porter, his nephew.¹⁵⁶⁵ Thomas was elected as Director: The Bank of Oakdale in 1888 in Oakdale, Stanislaus, CA.^1566,1567 He lived in Oakdale, Stanislaus, CA on 19 March 1888.¹⁵⁶⁸ On 24 February 1890 he acquired 160 acres in , Taylor, TX¹⁵⁶⁹ Thomas owned Home construction on 13 May 1890 at cor 10th & San Carlos streets in San Jose, Santa Clara, CA.¹⁵⁷⁰ He lived in San Jose, Santa Clara, CA on 4 October 1890.¹⁵⁷¹ He was elected as Director: Waterford Land & Development Co. in 1891 in Waterford, Stanislaus, CA.¹⁵⁷² Thomas lived at 405 S 10th St in San Jose, Santa Clara, CA in 1893.¹⁵⁷³ He was appointed Republican Convention delegate on 8 March 1893 in San Jose, Santa Clara, CA¹⁵⁷⁴ This is particularly interesting because his brother, Col. Caleb Dorsey, and cousin Atty. Caleb Dorsey, were very active in the Democratic Party during this time. He visiting the city on 19 January 1897 in San Francisco, San Francisco, CA.¹⁵⁷⁵ Thomas court case concerned with estates and partnerships on 19 December 1899 in San Joaquin County, CA.¹⁵⁷⁶ W R Langdon and Edwa W Langdon, as Executor and Executrix of the Last Will of John W Dorsey, deceased, Plaintiffs

vs.

Thomas B Dorsey, as surviving partner of John W Dorsey and Caleb Dorsey (both deceased), heretofore partners doing business under the partnership name and style of Dorsey Bros., Emaline Fannie Dorsey, his wife, and L E D Ewing, as administratrix of the estate of Caleb Dorsey, deceased, Defendants.

This cause came regularly on for trial in the above named Court, sitting without a jury, on the 19th day of December, AD 1899, R C Minor appearing attorney for the plaintiff, Nicol, Orr & Nutter appearing as attorneys for defendants Thomas B Dorsey and Emmaline Fannie Dorsey, and C W Miller appearing as attorney for defendant L E D Ewing, administratrix. After evidence, oral and documentary, was offered and received on behalf of the respective parties, the case was argued by counsel and submitted to the Court, and the Court, having duly considered the same, now finds the facts to be as follows:

I. That defendant Thomas B Dorsey and John W Dorsey, plaintiffs' testate, and Caleb Dorsey, defendant Ewing's intestate, were on or about the ---- day of ---- 1866, and up to the 4th day of June, 1893, continued to be, partners carrying on the business of farming and stockraising and such other business as was incident thereto, in the Counties of Stanislaus and Tuolumne, in the State of California, sometimes under the firm name and style of Dorsey & Brother and sometimes under the firm name and style of Dorsey Brothers, owning, using and occupying as partnership property and for the purposes of said partnership, personal property, consisting of horses, mules, cattle, sheep, hogs, agricultural and farming implements, and certain real estate in the County of Stanislaus, State of California, described as follows, to wit:

Sections fifteen (15), Sixteen (16), Twenty-one (21), Twenty-two (22) and Twenty-eight (28); the West half of Section Fourteen (14) and the West half of Section Twenty-three (23), the Southwest quarter of the South half of the Northwest quarter of Section Thirty-five (35), all in Township One (1) South, Range Ten (10) East, Mount Diablo Base and Meridian; also the West half of Section Two (2), and the fractional Northwest quarter of Section Eleven (11), in Township Two (2) South, Range Ten (10) East, Mount Diablo Base and Meridian; and continued to so own, use and occupy the same, as partnership mining property and for partnership purposes, up to the 4th day of June, 1893, when the said John W. Dorsey died, as in the complaint alleged;
That from and after the death of said John W Dorsey, the said Thomas B Dorsey and said Caleb Dorsey, as the surviving partners of the said firm of Dorsey Brothers, continued in the possession of the partnership and all of its property, receiving the rents, issues and profits of the real estate and the increase of , and proceeds received from the sales of, the personal property of said partnership up to the 21st day of April, AD 1896, when the said Caleb Dorsey died intestate, as in the complaint alleged;
That from said 21st day of April, AD 1896, the defendant Thomas B Dorsey, as sole surviving partner of the said firm of Dorsey Brothers, continued in the possession of the partnership and all of its property, receiving:
1. The rents, issues and profits of the real estate up to and including the 18th day of August, 1897, when a sale thereof was had under a decree of foreclosure duly made and given on the 16th day of June, AD 1897, by the Superior Court of the State of California, in and for the County of Stanislaus, in an action wherein German Savings and Loan Society (a corporation) was the plaintiff, and Thomas B Dorsey, Emmaline Fannie Dorsey (his wife), W R Langdon and Edwa W Langdon as executor and executrix of the last will of John W Dorsey, deceased, and LED Ewing as administratrix of the estate of Caleb Dorsey, deceased, were the defendants; and
2. The increase of, and proceeds from the sales of the personal property of said partnership down to the 27th day of September, 1897, when a sale thereof was had.

II. That none of the lands in the complaint described, or any other lands, are now in the possession of defendant Thomas B Dorsey as surviving partner of said partnership, or for the purpose of winding up the affairs of said partnership; that a portion of the lands now possessed by defendants Thomas B Dorsey and Emmaline Fannie Dorsey at one time was, but has not been since the aforesaid sale had under foreclosure, and is not now, the property of the partnership of Dorsey Brothers.

III. That during the existence of said partnership, and on or about the 11th day of September, 1886, said John W Dorsey, in whose name the record title to two-thirds of said real estate then stood, at the request of defendant Thomas B Dorsey, made a certain instrument in writing purporting to convey, for a nominal consideration, to defendant Emmaline Fannie Dorsey, an undivided one-third of the lands and premises in Finding 1 described; that all of said lands and premises, notwithstanding the making of said instrument, were used by said partnership for partnership purposes, in the same manner that they had been theretofore used up to the foreclosure sale thereof, as in Finding I set out; that said transfer, so far as said partnership is concerned, was and is colorable.

IV. That on the 23rd day of December, 1887, Caleb Dorsey and John W Dorsey made, executed and delivered to the German Savings and Loan Society, a corporation, their promissory note for the sum of $51,000.00, payable two years after date, with interest at the rate of 7 1/2% per annum, compounded annually; and, on the same day, for the purpose of securing the payment of said promissory note and the interest thereof, they, the said Caleb Dorsey and John W Dorsey, made, executed and delivered to said German Savings and Loan Society a certain indenture of mortgage, whereby they mortgaged all of the lands and premises in said complaint and Finding I described; that said mortgage was recorded on the 31st day of December, 1887, in Book 28 of Mortgages, page 266, records of Stanislaus County; that said promissory note for the sum of $51,000 was a partnership indebtedness of said firm of Dorsey Brothers; that at the said foreclosure sale had in the action referred to in Finding I, on the 18th day of August, AD 1897, all of the lands and premises in the complaint and in Finding I described were duly and regularly sold by a commissioner duly appointed by said Court, at public auction; that at such sale, one H. Hughson became the purchaser of a certain of the premises described in said complaint and in Finding I, namely, Section Twenty-two (22), the South half of the South half of Section Fifteen (15), the South half of the Southwest quarter of Section Fourteen (14), and the West half of Section Twenty-three (23), in Township One (1) South, Range Ten(10) East, Mount Diablo Meridian, for the sum of $19,000.00; that by various mesne conveyances from said H. Hughson, and on the 29th day of March, 1898, the defendants Thomas B Dorsey and Emmaline Fannie Dorsey became the owners of, and entitled to the possession of, the premises as above described, as alleged in Paragraph VI of their answer, and their possession of said last described premises from said 29th day of March, 1898, has been as the owners in fee thereof, and the said partnership of Dorsey Brothers has had no interest therein from and after the said commissioner's sale; that none of the premises described in the complaint and in Finding I was redeemed from said sale, and the whole thereof has passed from the possession and ownership of the firm of Dorsey Brothers.

V. That said Caleb Dorsey and defendant Thomas B Dorsey did not settle the affairs of said partnership and did not account with plaintiffs as the personal representatives of said John W Dorsey, deceased; that no accounting and settlement of the affairs of said partnership has ever been made or had between defendant Thomas B Dorsey and Caleb Dorsey, defendant Ewing's intestate, or by said defendant Ewing as the administratrix of the estate of said Caleb Dorsey, deceased; that subsequent to the death of John W Dorsey, said Caleb Dorsey and defendant Thomas B Dorsey did not account with plaintiffs as the personal representatives of John W Dorsey, deceased.

VI. That defendant Thomas B Dorsey has not settled the affairs of said partnership and has not accounted with plaintiffs as the personal representatives of said John W Dorsey, or with defendant LED Ewing as personal representative of said Caleb Dorsey, deceased; that no accounting and settlement of the affairs of said partnership has ever been had or made by defendant Thomas B Dorsey prior to the trial of this action, wherein the Court proceeded to hear evidence and to take an account.

VII. That defendant LED Ewing has not at this time, nor has she had at any of the times mentioned in said complaint, any data concerning the partnership affairs of said partnership of Dorsey Brothers or Dorsey & Brother, whereby she would be enabled to render an accounting; that at all of the times in the complaint mentioned, her co-defendant Thomas B Dorsey has had the exclusive management and control of all of said partnership property; that said defendant Ewing has not, during all of said time, received or had in her hands or in her possession or under her control any property belonging to said partnership.

VIII. That defendant Thomas B Dorsey is indebted to plaintiffs upon such accounting in the sum of $3556.41; that defendant LED Ewing as administratrix of the estate of Caleb Dorsey, deceased, is indebted to plaintiffs upon such accounting in the sum of $32.21.

IX. That defendant Thomas B Dorsey as survivor of the partnership between himself and Caleb Dorsey and John W Dorsey, as to the business of agriculture, is indebted to defendant LED Ewing as administratrix of the estate of Caleb Dorsey, deceased, in the sum of $1214.28. but there existed as between said Caleb Dorsey, deceased, and aid Thomas B Dorsey, as to which there has been no accounting, and the Court is unable herein to determine what if anything will be due and owing from said Thomas B Dorsey to said LED Ewing as administratrix upon an accounting and settlement, including the matter of said mining partnership.

X. As bearing upon the matter of the costs of this suit, it is found that the partnership affairs between the three Dorsey Brothers were very loosely conducted and that said brothers dealt very liberally with one another and kept no accurate or adequate accounts, and that Thomas B Dorsey as the survivor has had cast upon him the burden of accounting under circumstances which as aforesaid and otherwise render it nearly impossible for him to render proper accounts, and that the necessity for this action thus arose without any fault of his other than the common laxity of dealing as between all three brothers.

From the foregoing findings, the Court draws the following

CONCLUSIONS OF LAW

I. That plaintiffs are entitled to judgment against defendant Thomas B Dorsey for the sum of $3556.41.

II. That plaintiffs are entitled to judgment against defendant LED Ewing as administratrix of the estate of Caleb Dorsey, deceased, to be paid in due course of administration, in the sum of $329.21.

III. That defendant LED Ewing as administratrix of the estate of Caleb Dorsey, deceased, is entitled to a credit against defendant Thomas B Dorsey in the sum of $1212.28, for and on account of the partnership in agriculture between Caleb, Thomas B and John W Dorsey, in and upon any further or final accounting between said administratrix and said Thomas B Dorsey.

IV. That defendants Thomas B Dorsey and Emmaline Fannie Dorsey are entitled to judgment adjudging them to be the owners of all the lands and premises in Finding IV.

V. That the costs of this action be borne by the plaintiffs and the defendants Thomas B Dorsey and LED Ewing, administratrix, in the proportion of one-third by plaintiffs and one-third each by said defendants; that the share thereof of plaintiffs and defendant Ewing be paid by Thomas B Dorsey out of the moneys in his hands herein found to be due plaintiffs and said defendant Ewing.

Let judgment be entered accordingly.

Edward I. Jones, Judge He appeared in the census in 1900 in Oakdale, Stanislaus, CA.¹⁵⁷⁷ He owned sold all of their farming operations to their sons on 5 March 1904 in Stanislaus County, CA.¹⁵⁷⁸ On 25 July 1905 Thomas was a President, Oakdale Bank in Oakdale, Stanislaus, CA.^{1579,1580,1581,1582,1583,1584} He was buried in January 1910 in Oakdale, Stanislaus, CA.¹⁵⁸⁵ He died on 25 January 1910 at the age of 79 in Oakdale, Stanislaus, CA.^{1586,1587,1588} Joplin Daily News and News Herald - Issue 7 Feb 1910 - announcing the death of former resident, Thomas Beale Dorsey. (On Ancestry.com they suggest that the paper stated the death was 6 Feb 1910 - not likely that they would have gotten in info in that quickly anyway) Thomas had his estate probated on 24 September 1910 in Modesto, Stanislaus, CA.¹⁵⁸⁹ He served as surety on on 19 February 1956 at in Township 5, Tuolumne, CA for¹⁵⁹⁰ He has reference number 887. History of Stanislaus County, Tinkham, p 1130-1:
Coming to California in 1850, Thomas B. Dorsey had just seventy-five cents left of his capital, and arriving at Sacramento, he worked by the day; then took a job digging a well. He then engaged in gold mining; dammed up a stream; found an abundance of gold, but soon after the dam was completed, a great rain fell, the dam and landmarks, with all prospects for placer mining there, were swept away. Then, broken in purse but not in spirit, he went to farming, with the results we have seen. An enormous crop rewarded E. Sydnor Dorsey's operations at Alberta in 1920, yielding as high as fifty-five bushels to the acre of hard, Northern wheat which brought two dollars and a half per bushel.

Thomas Beale DORSEY and Frances Emaline SYDNOR were married on 18 November 1874 in Troy, Lincoln, MO.^{1591,1592,1593,1594} They^{1591,1592,1593,1594} lived at 405 S 10th in San Jose, Santa Clara, CA in 1892.¹⁵⁹⁵ They¹⁵⁹⁵ lived 405 S 10th in San Jose, Santa Clara, CA in 1893.¹⁵⁹⁶ Thomas and Frances¹⁵⁹⁶ lived at 405 S 10th in San Jose, Santa Clara, CA in 1894.¹⁵⁹⁷ They¹⁵⁹⁷ lived at 405 S 10th St in San Jose, Santa Clara, CA in 1895.¹⁵⁹⁸ They¹⁵⁹⁸ lived at 405 S 10th St in San Jose, Santa Clara, CA in 1896.¹⁵⁹⁹ Thomas and Frances¹⁵⁹⁹ lived 405 S 10th in San Jose, Santa Clara, CA in 1896.¹⁶⁰⁰ They¹⁶⁰⁰ lived in San Jose, Santa Clara, CA on 21 April 1896.¹⁶⁰¹ They¹⁶⁰¹ lived at 405 S 10th in San Jose, Santa Clara, CA in 1897.¹⁶⁰² History of Stanislaus County, Tinkham, p 1130:
Both the Dorsey and the Sydnor families descended from proud English Cavalier stock; the former settled even before the Colonial period in Maryland, while the Sydnors settled in Virginia. They became planters and were among the largest operators of their day. After his marriage, though possessed of a large acreage in Stanislaus County, he operated the plantation of his father, Edward W. Dorsey, who was known as the "Southern Planter." He owned 3,000 acres in Missouri, and a great many slaves. Mr. and Mrs. Thomas B. Dorsey continued to live in Missouri for fifteen years, and three children - two boys and a girl - were born to them there. Ella W. has become the wife of Horace P. Badgeley, retired, and resides in San Francisco. Edward W. is the subject of this review; and E. Sydnor has become a partner with Mr. Dorsey, his brother. The maternal grandfather, Sydnor, also owned a very large plantation, known as the Sydnor Plantation, in Missouri, and was also an extensive slave-holder, and like the Dorseys, they sympathized with the South and the Confederacy. Frances Emaline SYDNOR, daughter of Epaphroditus SYDNOR and Elvira , was born in March 1843 in Missouri.^1603,1604 She appeared in the census in 1870 in Clark, Lincoln, MO.¹⁶⁰⁵ She appeared in the census in 1880 in Joplin, Jasper, MO.¹⁶⁰⁶ Frances appeared in the census in 1880 in Joplin, Jasper, MO.¹⁶⁰⁷ She owned purchased 1/3 interest in property from John W Dorsey on 11 September 1886 in Stanislaus County, CA.⁸⁰¹ She Fund-raising for the O'Connor Art Gallery on 11 October 1898 in San Jose, Santa Clara, CA.¹⁶⁰⁸ Frances appeared in the census in 1900 in Oakdale, Stanislaus, CA.¹⁶⁰⁹ She was buried in February 1918 in Oakdale, Stanislaus, CA.¹⁶¹⁰ She died on 8 February 1918 at the age of 74 in San Francisco, San Francisco, CA.^1611,1612

Thomas Beale DORSEY and Frances Emaline SYDNOR had the following children: