Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1859-06-08
Z, Q, BROwDER, cL'k D, c, D, c,
TIE SrATE OLE TEXAS.

10 lie AsriT of Ellis County, Gr,eiiag:
NYuu nIo hereby commanded that YOU summon,
\ by publication in the Dallas HeraIH, Eliza
beth Lyon and John Lyon, residents of Wilson
county, Tennessee TO appear before the District
Court To be held in and for the county Of Ellis nj
tho Courthouse on the l7th Monday after the Sd
Monday in March 1859. 10 answer the petition OF
James T.. Scohy llod in said Court, in which said
James f. Scohy Is plaintiff, and Nancy NJ. Sweat
In her own right and IA guardian for Cynisca
Sweat, Nancy II, Sweat, X, Il. Sweat, exocu-
tor of viii OF A, &, Sweat deceased, RiehardV.
u. Sweat, George b. Sweat, Mary Z. Davis,
Robert a. Davis, William Z. Sweat, Sarah "A.
Sweat, in her own own right and us guardian
for tho infant heirs of said Sarah and Edward
G. Sweat deceased, viz Edward V. b., Mary f.,
Sarah f., Martha L. II. C., aud j. W. ). Sweat;
Quincy A. Sweat, Elizabeth Lyon and John
Lyon are defendants; and alledging in substance
as follows, to wit: That no is the and only
heir of Sarah Scoly, late Sarah Sweat, that his
mother is dead; that she was the daughter Of Ed
ward Sweat, who died in Ellis county, Texas,
abont 1854, after the death of petitioners mother,
leaving the plain iii and the before named defend
ants. his widow and descendant That the said
dercdant before lis death made and published Il
viii which has been admitted to Probate in Ellis
county. Tcxas,-hy said will defendants William
Z. Sweat und Quincy \. Sweat and AleSapder
C. Sweat, Stree deceased, wcrc appointed execu.
tors oil Sillu " III lnNt NY shlu hiIi'
heoucathed to plaintiff twelve hundred dollars in
money. and negro girl named Jane and her in
crease. That petitioner has received the money
hut has not received tho negro nor any other ptrt
of said Edwards estate. That ut his death his
ancestor, tho said testGtor, owned property OF
the value of sixty thousand dollars, after payment
Of all debts and charges against the estate mat
nv said will, descendants property was oil he
oucathed to the above named defendants and has
all been taken and distributed by said executors
among said defendants except the $1,000 received
by plaintiff. That at the death of said tcstatorr
he had no power by law to dispose of moro than
one fourth Of his estate, by viii, and that his
children and grand children were forced heirs tn
the'rcmander. That plaintiff is and was forced
heir to Onetonth Of the thrce-fourths of said es-
tate. Plaintiff prays for answer and that defend
an & file with their answer the title papers Of tho
land owned by said decedant at his death. On
tnnl hearing, he prays that said VIII be set aside
and held for nought as to three fourths OF SAID
estate, and he prays for an equal distributi'e
share Of said estate, that is one-tenth oil three
four,hs of the same and for two thousand dollars
dumageSsapd for the value of such part of said
estate Il Rs been disposed of so that it cannot
now be divided. and for general ard special relief
Herein fail not, hut have you then and there
| this writ before said court with your return
thereon slowing how you have executed tho same
| >:E.i:-2gN Witness w. w. Parks, Clerk of
| NA ga the District Court of Ellis county:
q. sszlss ESgsy Given under my hand and the seal
| Va S:sg.S;I of said Court in the town of Waxa-
hachic, this 18th day of May, A. D. 1859.
W. w. PARKS, elk D. C. L. C. T.
| hereby certify this to bea true and correct
copy of the original writ directed to me and now
in my hands, May 18th 1859.
JOHN G. WILLIAMS, Sheriff Ellis Co.
By A. A. FOSTER, Deputy.
Nav a5kh1 4Tit.-Prnt. fee, $40.