Dolby Days Genealogy










NEW MEXICO STORY
Told by Gordon Martin - Writen by Jodean McGuffin Martin

Gordon Martin was Hurbie and Lillian (Wheeler) Martin's son. He came to visit us when he was in Greer County seeing about their farming business. His visits were always a pleasant surprise. He and Ken would visit about the work, business, fishing and quail hunting. They always had a lot of fishing stories to tell each other and then we would end the visit with Gordon asking Ken something about his Dad, Hurbie. One day he came and we were talking about the family and he told me this story. I had never heard it before and if Gordon hadn't shared it with us we would have lost it.

The George Martin family included the following children in 1906: Gilbert Ulysis, Hurbie William, Dorothy, Ora Lee and the baby Lela. George had worked for lumber companies in the woods of Oregon County for several years. He and Jesse Thompson had cut pine trees for cross ties ever since the railroad companies had been laying track across Missouri on its way to the western states. Word spread among the workers that the railroad would take you to New Mexico, free, if you would settle on their lands. They put out propaganda that made New Mexico seem like the Garden of Eden. You could have 160 acres free for homesteading. You had to live on it five years, build some kind of structure on it and at the end of five years you would get the land free and clear. The appeal was made in area newspapers all across the nation. New Mexico was a long way off, but the propaganda painted a prosperous picture. George and Emma were lured into being immigrants.

In the box of Martin pictures there was one of George as a young man about 25 years old. It had been taken in Texas and we couldn't figure out when George had been to Texas. After Gordon told his story we decided that the Railroad people must have given men a ticket to go to New Mexico to see the country and George decided to take the opportunity to see the new country they were advertising. George had gone to New Mexico prospecting for land. Another picture that was in the Martin pictures was a picture of a big cave. The story was that Mr. Martin had seen Carlsbad Cavern long before it was opened to the public as a tourist attraction. The family told about Mr. Martin going to see this big hole in the ground that was supposed to be a big underground cave. At the entrance of the cave was a cast iron bucket that several people would get into and they would let them down into the cave on a cable. For an admittance fee they would take you down and you could see into the cave. There was a picture postcard in the Martin keepsakes of this Cave. Jodean remembers seeing it in Mom's old letters after we were married. We don't know what happened to it. Now, we know how Dad got to see Carlsbad Cavern. He must have gone to New Mexico before the family did and while he was there he had his picture taken in Texas and brought the post card of the Cavern. By putting together the story from Gordon and the story that Charley told, we have a good idea what happened.

We aren't sure whose family was the first to go to New Mexico Territory. Emma's brother, Clyde and Lillie Dolby and his family, Uncle Eddie and Aunt Frankie Clay, Mom's sister and their children went to the Elida, New Mexico area. Gordon said, �My daddy (Hurbie) told me about them selling all their things in Missouri at an auction sale. Then the railroad gave them tickets to go to New Mexico to settle on 160 acres.�

Gilbert said, �While in New Mexico, we had neighbors by the name of Wheelers. The Martins and Wheelers tried for five years to make a living in New Mexico Territory. Mr. Wheeler gave up on New Mexico and moved back to Greer County, Oklahoma before the Martins did. They must have kept in contact for the Martins knew that the Wheelers had come back to Jackson County, Oklahoma and bought land.

Among the legal papers in the estate we found a homestead that was registered from Fort Sumner #05122 and 06381 for two hundred Acres of land. The legal description was Northwest quarter of Section twenty-four and the northeast quarter of the northeast quarter of Section twenty-three in Township three south of Range twenty-nine east of New Mexico Meridian, New Mexico, containing two hundred acres. George had the land registered in the Court House and paid fifty cents to have it recorded in November 22, 1915. It was mailed to him at Rural Route two, Mangum, Oklahoma. This important paper was found in the family Bible where it had been filed since they received it. They didn't need a safety box, the Bible was their safe place. When we found the New Mexico Deed it occurred to me that I might find the Jackson County Deed to the farm Dad bought. Jodean went to the court house in Altus and began to look for the Martin deed. We first found some other papers that came before the Deed.

In the Miscellaneous Book 3, page 450:
IN THE DISTRICT COURT IN AND FOR GREER COUNTY, STATE OF Oklahoma #2531
THE FIRST STATE BANK, PLAINTIFF
vs
W. L and C. J. Huggins, (Hudgins), defendant.
Jan 15, 1916, before T P Clay, Judge of this court, Plaintiff being present by its President W. P. Ponder and its attorney, E M. Stewart.

Defendants being present in person and Wylie Snow and W. B. Garrett.
The bank was trying to foreclose on Mr. Huggins.

DECLARATION OF HOMESTEAD Know all men by these presents: That I, William L. Hudgins, do hereby set aside and declare the following described property, belonging to me as my true and lawful homestead. Said property being described as follows: to wit: SW4 of section 22, township 3 north of Range 22, west of the Indian Meridian, containing 160 acres according to Government survey. Said property is not worth more that $5,000.00 and that same is incumbered in the sum of $2500, together with a commission mortgage, making the value of my equity in the same, not more than $2500. I own no other property as a homestead. The reason that I am not now residing on said property above described is that I have been temporarily away from said lands and while so being away, had the property leased to one G. W. Martin as a farm, and that while I was absent, Peyton E. Brown of Mangum, Oklahoma as a receiver of rents from said farm, and before being discharged, Brown caused my said land to be rented to the said G. W. Martin again for the year of 1916, thus preventing me from the possession of and residing on said lands. I do declare my property to be my homestead and declare my intention to so reside thereon immediately upon the expiration of the lease. I do by this declaration give notice to persons who may be interested that I hold said property as my homestead and as such homestead exempt from any writ of execution of process of any nature. W. L. Hudgins, owner
29day of January, 1916
Bk 3 Miscellaneous records, pages 447-8.
The plaintiff demanded a jury and a jury was empanelled, sworn the issue and the jury after hearing the reading of the pleadings and hearing all the evidence and arguments returned the following verdict. We, the jury find for the plaintiff, the First State Bank, against the defendant, W. L. and C. J Huggins(Hudgins) and fixed the amount of recovery at $2750.00 and find for the plaintiff and against the defendants for the foreclosure of the mortgage upon the property in the city of Mangum, only. We find for the defendants, W. L. and D. J Huggins(Hudgins) that the mortgage on their farm in Jackson County, Oklahoma be not foreclosed, but cancelled and held for naught. H. L. Cotton, Foreman.

The court verdict renders the following judgment, to wit: The defendants, W. L. and Huggins(Hudgins) are indebted to the plaintiff, First State Bank of Mangum, on the note and mortgage sued on in this action in the sum of $2750.00. Court find the plaintiff has a lien upon the house and Lot described in the plaintiff's petition by virtue of the mortgage in said petition set out to secure the payment of said indebtedness, interest and costs, said property being described as follows: �All of Lot six, 6, in Block thirty five, 35, of the original town of Mangum, Oklahoma in County, of Greer.�

Therefore it is considered and adjudged by the court that the plaintiff have and recover of and from the defendants, W. L. and C. J. Huggins(Hudgins) in the sum of $2750.00 the amount as aforesaid for to be due the plaintiff and that said judgment bear interest at the rate of 5% per annum until paid.

If he fails to pay $2750.00 in the next six months, plus interest, cost of court, that an order of sale be issued to the Sheriff of said Greer County, State of Oklahoma commanding him to advertise and sell, according to law, without appraisement, the lands and tenements is said petition described to wit: Lot 6, in Block 35 of original town of Mangum, Ok. and apply proceeds from sale to payment. If there be any residue, he pays to the defendants. W. L. and D. J. Huggins(Hudgins). If the sale is insufficient to satisfy judgment, execution issue against defendants for the remainder unpaid.

It is further ordered by court that any lien, title or interest of any kind whatsoever which the plaintiff may have claimed to the farm in Jackson County, being more fully described as : SW4 of Section 22, Twp 3N, Range 22 W, be forever bared and that the plaintiff claiming under them to be bared from exerting any right, title, lien, interest, estate to said farm described, by reason of this mortgage and notes sued upon in this action. Mortgage and notes are hereby cancelled and set aside and held for naught as they may be any lien upon this farm. Said Mortgage being more fully described as being recorded in Book 23, page 13 of the Mortgage records of Jackson County, Oklahoma. Same being for $7000 signed by W. L. and D. J. Hudgins and in the favor of the First State Bank. 5 day of February, 1916.

This begins to explain how Mr. Martin got to buy the Horse Branch farm from Mr. Hudgins. He was going to loose it unless he could pay his mortgage of $2500 that he had on it. These legal papers say that Mr. Hudgins was in debt to the bank at Mangum for a town lot in Mangum that he had bought and had not paid for. The bank was trying to foreclose on the debt. Mr. Hudgins had made a note for the town lot but he had the Horse Branch farm as a homestead. The bank was trying to get the 160 acres of land to pay for the debt that Hudgins owed the bank. After the court action the Judge said that they could not take the homestead land for the debt because Mr. Hudgins did not have the farm on the note at the bank. He got to keep the farm and because he needed money to clear up this court action he offered to sell the farm to Mr. Martin. We had never known how Dad got the farm. This explained how he bought the Horse Branch Farm. We know the date he bought the farm from the date on this court action.

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