The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1853-05-28
CITATION.
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10 T2Y TITLE AND PoR DAnAnRa.
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WHEREAe. o. ths 10Th DAY Of Nav. A. o
w 1889. ekel Fundssburk flied his p,,i
tion in ths Clsfk's Office Of The District Covr
Of Harrison county. ~ follows to-wit
Daniel Fu,derburk, plaintiff In his suit
who resides IN said county Of Harrison, and
STATE Of Texas, respectfully represent. tha,
heretofore, to.wit. on the Let day Of February
4. D. 1919, said plaintiff WAS the swner and po..
sessoF Of five hundred acres Of land, lying
being, and situated in said county Of Harrison
and Ssatc Of Texas, and embraced in survey
made for ono Hamilton McNu,t. under and hy
virtue 81 the headlight survey Of said McNu,i
on Soda Lake, in salo county, and known and
i,oundsd ~ follows, to-wit: Surveyed for
Daniel FuRderburk five hundred acres OF land,
II being part Of the Hamilton McNutt survey.
ON the south side Of lake Soda, beginning At
the Nortl'-wcst corner of same, = stake; from
whish black oak brs. y. 90 r., 10 vrs, a
hickory brs. N. IS w, 2 Wis. marked n. st.;
'hssss n. Is f., iIl3 yrs, stake from which
red oak bra N. 50 H., y 2-IO vrs., n hickory
bs 3. 10 u. ~ vsa., marked u. r., thence T.
10 T., $500 vrs., = stake, from which black
jack brs. y IS W. Q 3-ic yrs, hickory bfs. T.
8 h., 8 WIS., marked ID. r.; thence d Is ".
lll3. stake; $. r. Sparks N u. corner, from
which black jnck brs. >. - H., $40 yrs., =
hickory atsnp hrs. \. - \. S $40 yr., a
black jack N. 60 T., n vrs, Both marked II.
~; thence N. IS W., 1880 vrs., the place
OF beginning, containing five hundred sefss
OF land and that on, io.wit, the first day
OF January, A. u. 1883, said plaintiff was the
legal owner and possessor of said land, and
tina. then and there one Peter DriskcIl, defend.
ant, late Of said county, and now a citizen Of
the State Of Alabama, with force and aims en-
tered upon said land without the coasen, of
Aaid plaintiff, and with fore and arms, elected
and expelled said plaintiff, from and GU, Of the
Possession Of the same, aud that from ,hcece
hitherto. said defendant. by force and arms has
held The possession Of the same, against the
will Of SAID plaintiff. and had and received 10
his own Use and benefit. the rents, profits, and
revenues OF the same. aud that said defendant
ha. done and committed divers other wrongs,
and injurcs, in aud upon the same, to-wit cut
down, destroyed, and removed from and of Of
said land, five thousand oaks, hickoric., and
pGes. of the value Of five hundred dollars, to
Inc damage o! said plaintiff five thousand dol.
srs
Plaintiff AYERS, that .aid defendant ia absent
from the State Of Texas, wherefore. said |
plaintiff prsys judgement the: he recover said
ard OF snd from .aid defendant, that a writ Of |
issue according 10 lay, requiring the |
sheriff Of said county to remove said Dr-kcll |
ron the Possession Of said land, and 10 Geliv.r |
h. pcar-abc possession thereof To said plain I
III, and that said dcicndan, be- cited by publ /
alton TO answer This petition, and that he re-
over all costs of suit, and his damages aiorc-
laid, &c. Endorsed on the bach II said pe,i.
ion. This suit is brough, well to try the |
i.lc to The land in controversy, rs fostan l- ;
&. A. faAzsn, Any far i'it
And that Daniel Funderburk, plain ID ia .l.
n,t, wherein Peter Uriskell j. defrnd...4, 1g
y me first duly swosn, says that said Dris.
ell il absent from the State Of Texas.
These are therefore to command you to
ummon the said Peter Driskell. by publica.
on Of this citation for fous successive weeks
the Texas Republican" a newspaper phb-
shed in the town Of Marshall Harrison
,un,y. in the State Of Texas, to be- and APP
raf before the District Court Of Harrison
,uniy, ut the Courthouse in the town Of Maj
,all. on the fourteenth Monday after the third
|ondxv in Mar h. 1888, then and there to an.
xer the plaintiffs petition in = certain suit,
herein Daniel FunderbuFk is.paintiH and
,e said Peter Dri,kcil il defendant.
..Ssaa.. HgaEiS fail not, and make due
s return hereof
Test l.. K. Ford, Clerk Of the
Distric, Court Of the county Of
7Yxy Harrison, and the seal Of the
our, affixed At Marshall, this 18th day Of
T.. >, tnt1