The 1880 Census of Melrose Precinct, Nacogdoches Co, TX
Charlie Bird, age 34(1845/1846), born in Georgia to both parents born in GA, farmer
Franki, age 28, born in TX, to both parents born in GA
Merchant P, 7(1872/1873)
Tiny, 4, female (1875/1876)
Gilbert, 3/12. The census was enumerated on 8 June, so Gilbert was born about February/March of 1880. (However, subsequent information shows his year of birth as 1879. His World War I Draft Registration shows 1881; however that registration is often wrong. Also, he had to have been born prior to 1881 due to being on the 1880 Census.
As you have done, I tried to track the children to see if they lived with them.
--A family tree posted by "emwprice" showed Gilbert Byrd, born 10 Feb 1879 and in US Census to 1930, died Sep 1968 in Tulsa, OK (Source was the Social Security Death Index, however the "last residence:" on the SSDI is NOT NECESSARILY where a person actually lived or died). It showed his wife and many children. The tree showed Charlie Bird as born 1846, but did not show him past 1880. It showed Franki, but nothing past 1880. Gilbert was the only child shown past the 1880 census. He was in Seminole County, OK for the World War I Draft Registration. I found no other posted family information.
The Court Case:http://books.google.com/books?id=U_0DAAAAYAAJ&pg=PA52&am...
Based on the facts within this civil case, Charlie and Francis did own land and Charlie conducted a transaction for a loan ($100.00) from Jane Mast in 1891, but there is no evidence that Francis was involved in the transaction... UNLESS her signature appears on the warranty deed provided to Mast for the loan. After a year, Byrd had paid $45.00 and nothing more. So, legally, the land would have fully transferred to Mast. In 1899, a Luther Swift bought the land from the heirs of Jane Mast. After Swift obtained the land, Henry Byrd, acting in behalf of Charles and wife (the wife's name is not identified), attempted to pay off the mortgage, but Swift refused. This case, while identifying Charlie and Francis as owners of the land in 1891, does not identify any evidence that Francis and Charlie were at that point married, or if Francis had died at any point from 1891 to previous years.
---There is absolutely NO INDICATION, EVIDENCE, or COMMON SENSE to indicate that Charlie and Francis had divorced in/around 1900. The person believed to be the correct person is indicated by the 1900 Census as to have remarried to Sallie "about" 1900, does not INDICATE his previous marriage ended by divorce (or any other reason) around 1900.
The 1910 Census of Justice Prect 1, Nacogdoches Co, TX
Owning at 126 East Main Street, Nacogdoches City.
Charlie Byrd, age 65, born in Georgia to both parents born in GA, Black, Second marriage of 10 years.
Sallie, age 63, born in TX to father born US, mother TX, MW(Mixed White), third marriage, mother of 13/7 living.
---This strongly "appears" to be the correct Charlie Byrd; however, there isn't enough proof in this census to completely satisfy he is the correct person. Nor does it have the proof that they had married about 10 years previous.
Cemetery records, as well as death records for this period, regrettably leave enough gaps to hinder research. I did several cemetery researches, but unless they had permanent gravestones that would have been observed during a "walk through" transcription, they would have been missed. Cemetery records, death records, during this period were STILL "racist." However, the local history records within Nacogdoches County "might" have the information you need.
After my own review of your information as posted, I find you are a worthy researcher and have abilities to "gut your way" through this. My research was to make sure you didn't receive data that was NOT true or backed by assuming facts not supported.