THE STATE OF TEXAS,   )

COUNTY OF REFUGIO,   )

                        BEFORE ME, the undersigned authority, on this day personally appeared P. A. Johnson, known to me to be a credible person, and who after being by me duly sworn did on his oath depose and say:

            “I am 71 years old and have resided at Lamar on the edge of Aransas and Refugio Counties for 44 years.  I have been around Refugio and acquainted with the town of Refugio for the past 55 years.  I have known Daniel Fox and his wife and children for the past 55 years.  I remember when Daniel Fox moved from his ranch into the town of Refugio, which was in the year 1874.  I was a young man working at the carpenter trade at that time.  I was working for Koehler & Robinson.  Mr. Koehler was a Dane and lived at Beeville but did some work in Refugio County, and in the town of Refugio.  I worked as a carpenter’s helper under Mr. Koehler and helped to build the stable that Dan Fox erected on his old home place on Lot 5 in Block No. 70 in the town of Refugio in Refugio County, Texas.  This was in the summer of 1874, soon after Dan Fox moved with his family to Refugio.  I remember while I was working on this stable that the whole of Blocks No. 70 and No. 77 in the town of Refugio, Refugio County, Texas, had been fenced in the said Daniel Fox.  The fence was a three plank fence, constructed of planks 6” wide, and was started on the Southeast corner of Block No. 70 and running North with the East line of Block No. 70 and West side of Alamo Street, and across North Street to the Southeast corner of Block 77, and continuing North following the East line of Block 77 and the West side of Alamo Street to the Northeast corner of Block No. 77; Thence with the North line of Block 77 and the South line of Santiago Street to the Northwest corner of said Block 77; Thence Southerly following the West line of Block 77 and the East line of Power Street across North Street to the Northwest corner of Block 70; Thence continuing South with the West line of Block 70 and the East line of Power Street to the Southwest corner of Block 70; Thence Easterly with the South line of Block 70 and the North line of Plasuela Street to the Southeast corner of Block 70 and place of beginning.

            "As I remember it this fence above described was the first fence constructed in the town of Refugio and I know that Blocks Nos. 70 and 77 were enclosed by said fence until about the year 1886 when we had a storm here which blew down nearly all the plank fences in Refugio and on the ranches near the town.  Up until that time all the fences constructed were of plank, but after they were blown down by the ’86 storm wire fences were constructed.  I remember that a wire fence was built around Blocks Nos. 70 and 77 and replaced the old plank fence above described soon after the storm had blown the first fence down.  I have known this property for 55 years and I know that it has been under fence during all that time, and has been repaired from time to time and that the fence has been kept up in good condition.  I know that the said Daniel Fox and his heirs used Blocks 70 and 77 as a pasture for milk cows and calves and occasionally turned in saddle horses during all the time since year 1874.  Daniel Fox and his wife lived on their old homestead in Block No. 70 from the time they came to Refugio in 1874 until their death, and some of their children have resided there constantly since 1874, and live there until this date and they still use this enclosure as a pasture.

            "There were no buildings erected on any part of Block 77 until a portion of lot 16 in Block 77 was purchased by H. P. McDaniel and wife, and a portion of Lot 16 in Block 77 was purchased by Frank Low and wife, each of whom erected a building on their respective properties about a year ago.  All the other part of Block 77 is enclosed by a fence as originally built by the said Daniel Fox.

            "I know that the said Daniel Fox and his heirs have had peaceable, adverse notorious and continuous possession of Block 77, using and enjoying the same since the year 1874, and I have never heard of any one else claiming said Block No. 77 or any part thereof.” 

                                                                                    /s/ P.A. Johnson

            Sworn to and subscribed before me this the 8^th. Day of March, A.D., 1929.

                                                                                    /s/ Jas. A. Steele [James A. Steele]

                                                                                    Notary Public in and for
                                                                                    Refugio County, Texas.

(Seal)

[Note:  Followed by Jurat dated March 8, 1930, and filed April 5, 1930.]

Book 16, Pages 627 to 629, Deed Records, Refugio County, Texas.

Images 5665 to 5668.