434. Thomas Beale DORSEY was born on 15 January 1831 in Patapsco, Baltimore, MD.675,1515,1516 He appeared in the census in 1850 in Cuivre Township, Pike, MO.1517 He appeared in the census in 1850 in Above the City on the River, Sacramento Co, CA.1518 Thomas migrated in 1850 to in from Pike County, MO to CA overland.759,1519,1520 He owned owned land on the Tuolumne River with John W Dorsey in 1855 in Crescent City, Stanislaus, CA.1521 [Principal] was listed in in Columbia, Tuolumne, CA city directory in in 1856.1522 He Tom and John are visiting in Missouri on 24 June 1856 in Pike Co, MO.1523 ...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
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)
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 for1526 Thomas appeared in the census in 1860 in Cuivre Township, Pike, MO.1527 He appeared in the census in 1870 in Emory, Stanislaus, CA.770 On 20 January 1870 he was an awarded state contract in Sacramento, Sacramento, CA.1528 Thomas owned purchased a 1/3 interest in Caleb Dorsey's property on 11 September 1871 in Stanislaus County, CA.846 After 11 September 1871 he was a joined Roberts & Dorsey in smelter in Joplin, Jasper, MO.1529 He Attended the Pacific Coast Centennial on 5 September 1876 in San Francisco, San Francisco, CA.1530 Thomas appeared in the census in 1880 in Joplin, Jasper, MO.1531 On 16 April 1883 in Joplin, Jasper, MO he was sued for payment of debt by Porter and Roberts.1532 He lived in Tennessee on 24 August 1883.1533 Thomas returned home from Dorsey funeral on 4 April 1885 in Sonora, Tuolumne, CA.774 He served as surety on on 21 October 1885 at in Sonora, Tuolumne, CA for1534 On 28 May 1886 in Kansas City, Jackson, MO he was sued by Edward Dorsey Porter, his nephew.1535 Thomas was elected as Director: The Bank of Oakdale in 1888 in Oakdale, Stanislaus, CA.1536,1537 He lived in Oakdale, Stanislaus, CA on 19 March 1888.1538 On 24 February 1890 he acquired 160 acres in , Taylor, Texas1539 Thomas owned Home construction on 13 May 1890 at cor 10th & San Carlos streets in San Jose, Santa Clara, CA.1540 He lived in San Jose, Santa Clara, CA on 4 October 1890.1541 He was elected as Director: Waterford Land & Development Co. in 1891 in Waterford, Stanislaus, CA.1542 Thomas lived at 405 S 10th St in San Jose, Santa Clara, CA in 1893.1543 He was appointed Republican Convention delegate on 8 March 1893 in San Jose, Santa Clara, CA1544 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.1545 Thomas court case concerned with estates and partnerships on 19 December 1899 in San Joaquin County, CA.1546 W R Langdon and Edwa W Langdon, as Executor and Executrix of the Last Will of John W Dorsey, deceased, Plaintiffs
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;
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.1547 He owned sold all of their farming operations to their sons on 5 March 1904 in Stanislaus County, CA.1548 On 25 July 1905 Thomas was a President, Oakdale Bank in Oakdale, Stanislaus, CA.1549,1550,1551,1552,1553,1554 He was buried in January 1910 in Oakdale, Stanislaus, CA.1555 He died on 25 January 1910 at the age of 79 in Oakdale, Stanislaus, CA.1556,1557,1558 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.1559 He served as surety on on 19 February 1956 at in Township 5, Tuolumne, CA for1560 He has reference number 887. History of Stanislaus County, Tinkham, p 1130-1:
Thomas Beale DORSEY and Frances Emaline SYDNOR were married on 18 November 1874 in Troy, Lincoln, MO.1561,1562,1563,1564 They1561,1562,1563,1564 lived at 405 S 10th in San Jose, Santa Clara, CA in 1892.1565 They1565 lived 405 S 10th in San Jose, Santa Clara, CA in 1893.1566 Thomas and Frances1566 lived at 405 S 10th in San Jose, Santa Clara, CA in 1894.1567 They1567 lived at 405 S 10th St in San Jose, Santa Clara, CA in 1895.1568 They1568 lived at 405 S 10th St in San Jose, Santa Clara, CA in 1896.1569 Thomas and Frances1569 lived 405 S 10th in San Jose, Santa Clara, CA in 1896.1570 They1570 lived in San Jose, Santa Clara, CA on 21 April 1896.1571 They1571 lived at 405 S 10th in San Jose, Santa Clara, CA in 1897.1572 History of Stanislaus County, Tinkham, p 1130:
Thomas Beale DORSEY and Frances Emaline SYDNOR had the following children: