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Surnames: CLOUD
Classification: Query
Message Board URL:
http://boards.ancestry.com/mbexec/msg/rw/YNJ.2ACIB/766
Message Board Post:
I photographed this gravestone in the Moore Cemetery, Arlington, Tarrant Co., Texas. Feel free to use the picture for your records.
This is one of the 35,643 cemetery photos free at http://teafor2.com
This is a Message Board Post that is gatewayed to this mailing list.
Surnames: CLOUD
Classification: Query
Message Board URL:
http://boards.ancestry.com/mbexec/msg/rw/YNJ.2ACIB/765
Message Board Post:
I photographed this gravestone in the Moore Cemetery, Arlington, Tarrant Co., Texas. Feel free to use the picture for your records.
This is one of the 35,643 cemetery photos free at http://teafor2.com
CLOUD v. WHITING.
[NO NUMBER IN ORIGINAL]
SUPREME COURT OF ALABAMA
38 Ala. 57; 1861 Ala. LEXIS 9
June, 1861, Decided
PRIOR HISTORY:
[**1] Appeal from the Circuit Court of Montgemery.
Tried before the Hon. S. D. Hale.
This action was brought by John Whiting, against N. B. Cloud and A. Underwood; and was founded on the defendants' promissory note for $ 3,240, dated the 1st June, 1856, and payable twelve months after date, to the order of M. P. Blue, by whom it was endorsed to the plaintiff. On the trial, as the bill of exceptions states, "the plaintiff read to the jury the note sued on, and then proved that about the 6th of June, 1856, the defendants came to him, together with M. P. Blue, the payee of the note, and requested him to take said note from Blue, and to credit a judgment which he had against Blue and another person, on account of said note, with the sum of $ 3,000, and also to advance to defendants the sum of $ 2,500,--promising him that, if he would do so, they would repay said $ 2,500 on the 1st January then next, and would probably pay the note at the same time, from funds which said Cloud expected to draw from his father's estate, but would certainly pay the note at maturit!
y; that plaintiff assented to this, advanced the $ 2,500 to defendants, and credited said judgment with $ 3,000 as a payment, [**2] as requested and agreed on. The facts above stated were admitted by the defendants; and the plaintiff admitted that the $ 2,500, so advanced by him, was repaid by the defendants before the commencement of this suit. The defendants introduced evidence tending to show, that said note was given by them to said Blue for the purchase of certain goods and chattels bought by them from him about the 1st June, 1856; that said Blue represented to them, at the time said contract was made and said note given, that said goods and chattels were free from all incumbrances; that they believed and relied on said representations, and would not have made the purchase but for such representations; that an execution, Issued on a judgment rendered by the circuit court of Montgomery, was at that time in the hands of the sheriff of said county, and had been levied by!
him on said goods and chattels, and said Blue had given his consent in writing that the same might be sold by the sheriff without advertisement; that the said goods were afterwards sold by the sheriff, under an alias execution issued on said judgment; and that said defendants, at the time they purchased said goods and chattels, had no knowledge [**3] or information of said judgment, execution, or levy." This being all the evidence, the court charged the jury, in substance, that if they believed plaintiff bought the note, advanced the $ 2,500 to defendants, and entered a credit of $ 3,000 on the judgment, as above stated, "on the faith of a promise by the defendants to repay said $ 2,500 on the 1st January next thereafter, and to pay said note at the same time probably, but certainly at its maturity," then they must find for the plaintiff. This charge, to which the defendants excepted, is now assigned as error.
DISPOSITION:
Judgment affirmed.
HEADNOTES:
ACTION ON PROMISSORY NOTE, BY ASSIGNER AGAINST MAKER.
Estoppel en pais against maker, from setting up defenses against assignee of note.--Where the maker of a promissory note, in response to an inquiry by one who is about to purchase it, states that he has no defense against it, this does not preclude him from setting up against such purchaser a defense subsequently arising out of the original contract, e. g., a total failure of consideration; but, where the note is purchased by the assignee on the faith of a promise by the maker to pay it, the latter is thereby estopped from asserting the invalidity of the note as between himself and the payee, either on the ground of fraud, or subsequent failure of consideration, and will be compelled to pay the assignee at all events.
[Cited in Muse v. Dantzler, 85 Ala. 363, 364, 5 South. 178.
[See 7 Cent. Dig. Bills and Notes, § 767; 19 Cent. Dig. Estoppel, § § 222, 224.]
COUNSEL:
Elmore & Yancey, for appellants.
Watts, Judge & Jackson, contra.
JUDGES:
R. W. WALKER, J.
OPINIONBY:
WALKER
OPINION:
[*59] R. W. WALKER, J.--Where the maker of a note is inquired of by one wishing to purchase it, whether he has any defense against it, and answers that he has none, this estops him from afterwards setting up any defense which existed at the time, within his knowledge, but he does not thereby preclude himself from making a defense subsequently arising out of the original contract; such, for example, as a total failure of the consideration. When, however, the note is purchased by a third [**4] person on the faith of a promise by the maker to pay it, the latter is thereby estopped from setting up the invalidity of the note as between himself and the payee, whether on the ground of fraud in the original contract, not known to the maker at the time of such promise, or of subsequent failure of consideration; and will be compelled to pay the assignee at all events.--Clements v. Loggins, 2 Ala. 514; Maury v. Coleman, 24 Ala. 381 [60 Am. Dec. 478]; Lanier v. Hill, 25 Ala. 554; Dr!
ake v. Foster, 28 Ala. 649; Plant v. Voegelin, 30 Ala. 160; Powers v. Talbott, 11 Ind. 1; Rose v. Wallace, 11 Ind. 112.
Judgment affirmed.
=============================================
Tom Cloud <cloud(a)peaches.ph.utexas.edu>
CLOUD v. PATTERSON.
[NO NUMBER IN ORIGINAL]
SUPREME COURT OF ALABAMA, TUSCALOOSA
1 Stew. 394; 1828 Ala. LEXIS 24
January, 1828, Decided
PRIOR HISTORY:
JAMES PATTERSON brought an action of assumpsit against Samuel G. Cloud, in the Circuit Court of Conecuh county, to recover on a note made by Cloud on the 4th May, 1824, for $ 650, payable to Patterson or bearer on the 1st of January thereafter. The defendant pleaded nonassumpsit, want of consideration, and failure of consideration. There was a verdict for the plaintiff and judgement.
On the trial, the defendant tendered a bill of exceptions as follows, which was sealed by the Court: "In this case the defendant introduced parol evidence to prove that the note on which the plaintiff had commenced his action, was given in part for a house and lot in the town of Sparta. The defendant then offered to prove that the house and lot had been sold as the property of James Spann, who had originally owned it. He was here stopped by the Court, who decided that it was incumbent on the defendant to produce the written evidence of the sale, which was admitted to have been executed from Patterson, the plaintiff, to Cloud, the defendant; to which defendant excepts," &c.
The cause was submitted on the error assigned by Cloud, which was, that the Court erred in rejecting the testimony as stated in the bill of exceptions.
DISPOSITION:
Affirmed.
HEADNOTES:
Parol evidence cannot be admitted to shew a contract of sale of land, when there is written, and consequently better evidence.
COUNSEL:
SHORTRIDGE and ELLIS, for the plaintiff.
PARSONS, for defendant.
JUDGES:
JUDGE WHITE. JUDGE SAFFOLD not sitting.
OPINIONBY:
WHITE
OPINION:
By JUDGE WHITE.
THE question is, whether the Court erred in the opinion given on the trial as stated? We think not. There was written, and therefore, superior evidence of the contract of sale admitted to exist, than that offered by the defendant below. Hence it was right to exclude the latter, until the nonproduction of the former was accounted for in a way recognized by law. Let the judgement be affirmed.
JUDGE SAFFOLD not sitting.
=============================================
Tom Cloud <cloud(a)peaches.ph.utexas.edu>
Hi Ken:
I was trying to copy your list of names of Cloud's without parents and
possibly print them out for a check against my data base. The first problem I
ran in to was the list copied the center spacing of the title: Clouds without
parents. This resulted in many of the listings taking up two or more lines.
With some copying and editing, I was able to make the list left margin
justification. I have printed out the A's and B's and only a few names went
in to a second line. However, the detail data was misaligned in some cases.
Now I will check that part of your list that I have printed against my
database.
My reason for writing was to suggest that maybe you can repost the data in a
more compact format for printing. Then more of us may be willing to print the
data and check it against our Cloud databases.
Best wishes.
Tom King, Sr.
Scottsdale, CA.
Listing of Clouds with no parents - completed 20 February 2003
This list only has Clouds who I have in my data, but cannot connect to the direct line Clouds and do not appear in the data you see
when you click on Cloud Data above. These are lost folks that I cannot link up with the Cloud lineage without your help.
Please take a look at this listing and see if you can help connect these folks.
www.cloudweb.org
Thanks
Ken Cloud
Has anyone on this list done any research on Elizabeth Cloud, B. bet.
1760-1770 in VA and living alone in Lee County, VA in 1830? How about
Benjamin Cloud B. bet. 1760-1770 in VA and living in Lee County, VA in
1840? He had a wife between the ages of 60-70. A Mary Cloud, B. in 1776
in VA was living alone in Lee County at the time of the 1850 census. She
was the right age to have been the wife of Benjamin. Are you connected to
these Clouds?
RAYMOND SHIRLEY SR.
rshirley(a)icx.net
Why Wait? Move to EarthLink.
It's very interesting.. The entire McCloud, McClaud, or Mcleod differences.
From what I've seen, it does look like I trace all the way back to William
Cloud (1621, southrbroom, wiltshire, england).
Anyway.. Is there an easy way to update cloudweb ? I've output from 'Legacy'
here, http://www.globaldisarray.org/family_tree/a1.htm
Which should fill in the blanks from John William Cloud, down to me. There are
still quite a few cousins I need to add in there.. and dates.
---
Erik Parker
---
> I am descended from the same Cloud line you are. My grandfather was born in
> Jackson Co. FL. in 1893. His name was William Noah Cloud. Interestingly
CECLOUD(a)aol.com wrote:
>
> DOES ANYONE KNOW IF JAMES CLOUD HAD ANY SIBLINGS IN EDGEFIELD SOUTH CAROLINA
> .. PARTICULARLY ONE WILLIAM CLOUD ( BORN 1815 ) ?
Hi Edwin:
I have done considerable research on the Cloud line from Edgefield Co., SC
thru
Decatur Co., GA to Jackson Co., FL. The results have been posted to
CLOUD-L.
Because of the sheer volume, I had to divide the work into three issues in
order
to post it.
The easiest way to view the research is to go to CLOUD-L and search the
archives.
In the "Query" box, type in rex and show the year as 2001. You will get 21
responses to your query. The three issues are: Filename 80 posted 11 Aug
2001
for "A"; File names 107 and 108 posted 8 Oct 2001 for "B" and "C".
Let me know if you have problems bringing up the articles and I will email
them to you. The next issue of CFJ is scheduled to publish the same work.
In answer to your question, you will see that the JAMES CLOUD that
went to Jackson Co., FL was the son of JOHN CLOUD [b: c 1782]. John had
four sons, two of whom were b: in Edgefield Co., SC and two of whom were
born in Decatur Co., GA. You will also see that John's father, PETER CLOUD
had a large family, but I don't believe your William was in the family.
Edwin, this is getting pretty long so I will chop it off and send
another that will pursue some thoughts on William [b: c 1815]
TIL LATER REX SANDERS
Thanks Kate.. looks like we are distant family =)
I'm trying to get a little more info. One of my aunts had a nice detailed
family tree of ours.. and lost it, and now refuses to admit she ever had it.
So, all is lost.
Anyway.. I'm still piecing mine together, and taking all of this info.
By the way.. can anyone recommend a good genealogy software?
---
Erik Parker
---
> KAPAPARAZZO(a)aol.com composed on Feb 7, 2003:
> The Ella Cloud in the SSDI (1898-1990) is my grandmother. I have just begun
> my lines on this side, and haven't gotten very far at all, but perhaps I can
> help a little.
>
> Charles Russell Cloud (1895-1980) married to Ella M. Hiltner (1898-1990). He
> had at least 4 brothers that I know of: James M., William Ashley, Aubrey,
> and Mahlon B., but all information is sketchy at the moment. His parents
> were James Cloud and Virginia (Jennie) Cannon. No further info at moment.
> My grandparents both lived most of their lives in PA, but my grandfather was
> born in Castleton, Virginia, and the census records show that his family
> lived in Virginia but his father may have been born in Kansas.
>
> I ordered the social security applications for both my grandmother/father
> about two weeks ago. Hopefully, info will arrive soon.
>
> Kate Paparazzo
>
>
> ==== CLOUD Mailing List ====
> Cloud Family Association sites:
> http://mykindred.com/cloud ..... http://homepages.rootsweb.com/~cloud
>
The Ella Cloud in the SSDI (1898-1990) is my grandmother. I have just begun
my lines on this side, and haven't gotten very far at all, but perhaps I can
help a little.
Charles Russell Cloud (1895-1980) married to Ella M. Hiltner (1898-1990). He
had at least 4 brothers that I know of: James M., William Ashley, Aubrey,
and Mahlon B., but all information is sketchy at the moment. His parents
were James Cloud and Virginia (Jennie) Cannon. No further info at moment.
My grandparents both lived most of their lives in PA, but my grandfather was
born in Castleton, Virginia, and the census records show that his family
lived in Virginia but his father may have been born in Kansas.
I ordered the social security applications for both my grandmother/father
about two weeks ago. Hopefully, info will arrive soon.
Kate Paparazzo
Let me jump in here and also request a copy of your line so it may be added
to the data at www/cloudweb.org
I would be glad to integrate your into my files.
Ken Cloud
----- Original Message -----
From: "Rex Sanders" <rexsanders1(a)earthlink.net>
To: <CLOUD-L(a)rootsweb.com>
Sent: Friday, February 07, 2003 7:57 PM
Subject: Re: [CLOUD-L] Help me find My Clouds [Erik Parker] (fwd)
> Melanie wrote:
> >
> > Erik,
> >
> > I am descended from the same Cloud line you are. My g----------------
> >
> > Your grandfather's father was John William Cloud born 8/28/1891 in
Parramore
> > Jackson Co. FL. His father was John Wesley Cloud born 12/5/1859 & his
> > father was James Cloud born 1809.
> >
> > Melanie Young
> >
>
> Erik: Just a short note to say that I agree with Melanie Young on the
> above. I have always considered her to be the authority on the CLOUDS in
> Florida, and by copy of this response, hope that we can prevail on her
> to publish to CLOUD-L her latest file of the Clouds who descend from our
> JAMES CLOUD [b: c 1809]. Also, Erik, I had a note in my files showing
> ELLA CLOUD in the SSDI. I know it's expensive [$27] but I would order
> a copy of the SS-5 report as some good documentation for your files.
> And, I would appreciate receiving a copy of your line for my files.
>
> Rex Sanders
>
>
> ==== CLOUD Mailing List ====
> ..................................................................
> Volunteer for Random Acts of Genealogical Kindness at
> http://raogk.rootsweb.com
>
>
> that she would make sure the family returned to it's correct name. My
> grandfather was the only one of their 8 children to make the name change.
> He lived in Baker Co. GA. at that time & I've been told one of my aunts
> picked this particular spelling of McLeod.
Well, they are just all about making it difficult for us huh? :)
Thank you for all of the information, this is a tremendous help.
Oh, and nice to meet you :P
When I'm finished, if you'd like to my portion of the tree, let me know. I'd
like to trace back a little further than this (Actually getting back to the
original Mc*). But if you'd like to see where its spidered out to, John
William Cloud (1891) had quite the family.. I have so many cousins running
around Florida it's not even funny. I'm not sure I could get 10 miles in that
state without finding a relative.
Thanks again,
Erik
Erik,
I am descended from the same Cloud line you are. My grandfather was born in
Jackson Co. FL. in 1893. His name was William Noah Cloud. Interestingly
enough sometime (possibly in the 1940's) he changed his last name to McLeod.
Family story indicates this was done at his mother's request while she was
on her deathbed. Apparently she recovered but she did later die in 1946.
She told my grandfather that she had promised her husband before his death
that she would make sure the family returned to it's correct name. My
grandfather was the only one of their 8 children to make the name change.
He lived in Baker Co. GA. at that time & I've been told one of my aunts
picked this particular spelling of McLeod.
The story goes that there were brothers from South Carolina who were
involved in a fight. One brother bit either the other brother's nose or ear
off depending on who's telling the story. Apparently this was a capital
offense at the time & the brother ran away to FL. (Akin to fleeing the
country today.) This would have to have been my great great grandfather
James Cloud who was born in S.C. & shows up on the 1850 Jackson Co. FL.
census.
Your grandfather's father was John William Cloud born 8/28/1891 in Parramore
Jackson Co. FL. His father was John Wesley Cloud born 12/5/1859 & his
father was James Cloud born 1809.
Melanie Young
> Erik Parker (eparker(a)mindsec.com) composed today:
> > > Have all of the clouds here, always been clouds? Im not really
familiar with
> > > my line beyond my grand parents in florida. (Charlie and Doris).. and
about 10
> > > million cousins.
> > >
> > > But, if I heard correctly.. they were previous McCloud or McClaude or
> > > something like that.
> > >
> > > Anyone else like that?
> >
> > Erik: My research in Florida has been limited to Jackson County. IF your
> > grandfather,
> > CHARLIE CLOUD was b: c 1914 in that county, I may be able to help.
Please
> > post his
> > place and date of birth.
>
> Hi Rex,
>
> That's him.. 1914. Died about 10 years ago..
>
> I talked to my mother a bit more about it.. It would turn out, the
original
> name was 'McClaude', then turned to 'McCloud' then the Mc was dropped, to
> yield cloud.
>
>
> Charlie clouds father was John Cloud.. Married to Ella Cloud. English
descent,
> possibly from Bluntstown, FL
>
>
> ==== CLOUD Mailing List ====
> ..............................................................
> Join the Cloud Family Association: http://mykindred.com/cloud/
>
==== CLOUD Mailing List ====
Cloud Family Association sites:
http://mykindred.com/cloud ..... http://homepages.rootsweb.com/~cloud
.
Erik Parker wrote:
>
> A little more info..
>
> Hugh (oldest), Ellis, Chester, and Ralph were Charlies brothers.
>
> Charlie was actually born in 1913 in Jackson county.. Is it possible that data
> is off?
>
> >
> > That's him.. 1914. Died about 10 years ago..
> >
> > I talked to my mother a bit more about it.. It would turn out, the original
> > name was 'McClaude', then turned to 'McCloud' then the Mc was dropped, to
> > yield cloud.
> >
> >
> > Charlie clouds father was John Cloud.. Married to Ella Cloud. English descent,
> > possibly from Bluntstown, FL
> >
Erik: If your Charlie Cloud's father was a John Cloud, I would question the
fit with the CLOUDS from Decatur Co., GA that I have been chasing. A
couple of
suggestions. In addition to your mother, I would talk to other living
relatives
to learn all that you can about their background.
I would go to the Social Security Death Index. For starters, show the
name CLOUD with a last residence of Highlands Co., FL. That will give you:
Hugh D. Cloud; b: 21 Aug 1911; d: 16 Feb 2002; soc. sec. # 263-20-2984.
Charlie D. Cloud; b: 9 Mar 1913; d: 09 May 1994; soc. sec # 264-10-6369
This matches exactly the info you have posted on Charlie Cloud.
the 1920 Soundex for Jackson Co., FL shows
Ella Cloud [29]FL, Hugh [8], Charlie [6], Chester [4], and Elbert [2]
the 1910 Soundex for Jackson Co., FL shows
N. H. Cloud [19] and wife Ellen [19]
I hope the above helps and I wish you LUCK REX
A little more info..
Hugh (oldest), Ellis, Chester, and Ralph were Charlies brothers.
Charlie was actually born in 1913 in Jackson county.. Is it possible that data
is off?
---
Erik Parker
---
> Erik Parker (eparker(a)mindsec.com) composed today:
> > > Have all of the clouds here, always been clouds? Im not really familiar with
> > > my line beyond my grand parents in florida. (Charlie and Doris).. and about 10
> > > million cousins.
> > >
> > > But, if I heard correctly.. they were previous McCloud or McClaude or
> > > something like that.
> > >
> > > Anyone else like that?
> >
> > Erik: My research in Florida has been limited to Jackson County. IF your
> > grandfather,
> > CHARLIE CLOUD was b: c 1914 in that county, I may be able to help. Please
> > post his
> > place and date of birth.
>
> Hi Rex,
>
> That's him.. 1914. Died about 10 years ago..
>
> I talked to my mother a bit more about it.. It would turn out, the original
> name was 'McClaude', then turned to 'McCloud' then the Mc was dropped, to
> yield cloud.
>
>
> Charlie clouds father was John Cloud.. Married to Ella Cloud. English descent,
> possibly from Bluntstown, FL
>
>
> ==== CLOUD Mailing List ====
> ..............................................................
> Join the Cloud Family Association: http://mykindred.com/cloud/
>
Erik Parker wrote:
>
> Have all of the clouds here, always been clouds? Im not really familiar with
> my line beyond my grand parents in florida. (Charlie and Doris).. and about 10
> million cousins.
>
> But, if I heard correctly.. they were previous McCloud or McClaude or
> something like that.
>
> Anyone else like that?
Erik: My research in Florida has been limited to Jackson County. IF your
grandfather,
CHARLIE CLOUD was b: c 1914 in that county, I may be able to help. Please
post his
place and date of birth.
You pose a very interesting question about Clouds previously named McCloud
or McClaude. My research to date will not answer that question. However,
I am
convinced that the CLOUDS in Jackson County, FL came from Decatur County,
GA in
1846 and they are descendants from the CLOUDS in England.
BUT, if you go to www.familysearch.org and search the 1880 census in
Florida,
you will find 48 Clouds [half in Jackson Co.]; 4 Clonds in Gadsden Co.; 49
McClouds;
7 Mc Clouds; 152 McLeods and 26 Mc Leods. Notice the space after Mc in the
two
instances. None of the Mc's are in Jackson Co. to my knowledge.
I look forward to your response and hope that I can help you. REX
SANDERS
Wiley Van Buren Cloud and Nancy Mills were 4-29-186 in Stone County,
Missouri.
Hope this helps!
Larry
----- Original Message -----
From: <LBLACK50(a)aol.com>
To: <CLOUD-L(a)rootsweb.com>
Sent: Wednesday, February 05, 2003 4:02 PM
Subject: Re: [CLOUD-L] Help me find My Clouds
> I do not have Sheridan Cloud in my data base, but a search of the 1880
census
> provided the following:
>
> The census location was Cass, Stone County, Missouri
> Head of household: Wily Cloud, born in Tennessee about 1840. He was a
> farmer. His mother and father were born in North Carolina His wife was
> named Nancy who was born in Tennessee in about 1843. Her parents were
also
> born in Tennessee. All of their children were born in Missouri and were:
>
> William, born about 1865
> Sheridan, born about 1868
> Freddie, born about 1870
> Mary, born about 1874
> Cora, born about 1877
> Dora, born 1880 (2 months before the census was taken)
>
> I hope this is your Sheridan. If you don't get any further information.
You
> might consider providing some more information. Good luck on your paper.
>
> Lura
>
>
> ==== CLOUD Mailing List ====
> ................................................................
> Check out the Cloud Family web site: http://mykindred.com/cloud
>
I have a Sheridan Cloud, born abt 1868 in MO, Father was: Wiley Van Buren
Cloud, mother: Nancy Miller.
I have this line back to 1682 original immigrant to America.
see the data on www.cloudweb.org
Ken Cloud
----- Original Message -----
From: <princess_Dy_03(a)yahoo.com>
To: <CLOUD-L(a)rootsweb.com>
Sent: Wednesday, February 05, 2003 3:11 PM
Subject: [CLOUD-L] Help me find My Clouds
> This is a Message Board Post that is gatewayed to this mailing list.
>
> Classification: Query
>
> Message Board URL:
>
> http://boards.ancestry.com/mbexec/msg/rw/YNJ.2ACIB/764
>
> Message Board Post:
>
> I am the great great grand-daughter of Sheridan Cloud whose son is Lester
Bunnie Cloud. Could You please help me trace my rootage is you have any
information. I am doing a paper on my lineage for my Sociology Class at Taft
College. I would really appreciate a response my paper is due Wednesday
February 19, 2003.
>
> Thank You for your time,
> Dyellen Payne (Brown)
>
>
> ==== CLOUD Mailing List ====
> ..............................................................
> Join the Cloud Family Association: http://mykindred.com/cloud
>
>