Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1859-01-26
THE SrATE or TENAS,

I TO he ShsriT Of Dallas e0agig Gfe'nRg!
nAVlD nUFrlNES and Nancy llnlhnes' lli
~ wife, James lane and Jane Lane, his w'le
all citizens Of Dallas county, In said Stale, ha!'
filed their petition in the District Court o, sal'
county. AGAINST Matthias lexington and janet
iIeGineton, citizens Of the same county amidst
and Archibald Hunt aud Martha Hunt. his wife
who arc non-residcnts of this State, alleging, h
suhstancc, as lollows'
THAT on the = day of jane. 1889, Stephen lief,
nncton made, executed and delivered q certain
| instrument OF writing which is in the possession
of defendants, oyer OF which is prayed that by
IN Id document he conveyed all the real estate OF
" hich no was then possessed to defendants, or n
portion of them, which said real estate is man.
toned in said writing, or by parol, gave to said
defendants, or q portion OF them, all OF his per-
sonnl property, said conveyance to take effect and
he in force only after his DEATH NIL of which was
false, fraudulent and void in law that plaintiffs
were previous 10 the death of sad stephen, aud
now are, tho husbands of Nancy and Jane llef-
fnrton, now Nancy lluiiincs and Jane Lane, who
are tho children and heirs or the sail Stephen
Lexington. and are entitled 10 dis rihutiye
share of said csla'o that said Stephen departed
this life on the - day of - 1853 That since
said time defendants have Ind the possession and
benefit Of said property, both real aud personal
and have oustcd and evictcd petitioners OF their
rights in said property that the rents OF snid
property is reasonably worth thrce hundred dol.
lars per annum; that petitioners have applied
Cor their distributiyc share Of said estate from
defendants, and for their share of the rents there
of, but have heen Mt all times denied by them, to
their damage five thousand dollars.
| Petitioners further show that one John llet-
fngton who was tho son and heir of snid stephen
Lexington. on the 9th day of Jync, 1853, made
his last will and testament in which he hcqneuth-
ed TO Charity Lexington and Martha Hunt and
his father, Stephen llcIington all the property,
both real and personal, of which he might die
possessed, claiming in said will to be tho part
owner of the land and property mentioned in this
petition above, in the conveyance from The said
Stephen to Matthias, James and JOHN ilclIington,
bearing date on tho - day Of June. 1852, and
that the said John lexington departed this life
on the - day of -, 1854; that the making of
said will, by the said john was fraudulent and
void and in dcrogation of their rights; that Char
ity lexington, mentioned In the will Of tile said
John, deceased, was the daughter Of the said ste
phen and his hcir-at.aw, and that she departed
this life intestatc on the - day of -, 1893 {;
that the said John and Charity died without Ia
sue, leaving petitioners and defendants their
hcirs-at law That all of the property mentioned
in said will and SAID conveyance, belongs to the
hcrs-at-law of the said Stephen, and is kept and
r, tanned in the use and possession Of defend
ants, against their consent and TO their damage
100000
Peti toner's pray that the will and conveyance
be held for naught Tor their shnrc of said estate
for costs, for notice, and for general relief.
You are therefore commanded to cite said Ar
clibald Hun, and Martha Hunt by publication in
the Dallas sIIerald' for four successive weeks,
to DO and appear before the honorable District
Court of said county, on the first day of the next
term thereof, to be held at the Court House in
the town of Dallas, on the 10Th Monday II iter the
Sd Monday in September, 1853, then ana there
to answer said petition.
<,nMxs> Witness, Ed. e. Browder, Clerk 81
G 1 1sssas sos' ss Iii ' lii Day
Attest: ED. @. BROWDER, elk D. CD c.
Came to hand Jan'y II, 1859, and executed by
ordering publication in the Dallas Herald news
paper published in Dallas county, Texas, for Tour
successive weeks This the date above written.
w. CARTER, Sheriff Dallas county Texas.
Archibald and Martha Hunt will take notice
and appear accordingly, W. CARTER, Sh'h.
G19.{t-PriRter's fee, SO 30.