Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1859-02-02
TIE STATE OF TEXAS.

! TO he Sheriff Of DriirS c0Hhiy Gr6fiiTg:
DAViD lllfflNFS and Nancy llulFrcs, his
~ wife. james Lane an Jane Lane. his wife
all citizens or Dallas county, in said state, have
! filed their petition in the District Court of said
county, against Matthias lexington and james
Lexington, citizens OF the same county and State,
and Archibald Hunt and Martha Hunt his wife,
who are non-residcnts of this State alleging, in
| substance, as follows;
That on tho - day oFJuno 1852, Stephen lief
iinstOn made, executed and delivered n certain
instrument of writing which liz in The possession
OF Defendants oyer OF which is prayed that by
sa id document he conveyed all the real estate OF
which he was then possessed to defendants or
portion of them. which nid real estate is men
toned in said writing, or nv par0l, gave 10 said
defendants, or n portion Of them all OF his per.
sonal property, said conveyance To take effect and
he in orce.only after his death, all of which was
false, fraudulent and void in law that plaintiffs
were. preyious to the death of snid stephen, and
now are, the husbands OF Nancy md Jane liei-
fingtnn, now Nancy llulfnes and Jane Lane, who
are the children and heirs OF the said stephen
Lexington, and are entitled tn n dis ributive
share of said csae; that said Stephen departed
this life on the - day of - 1858; TINT since
said time defendants have had the possession and
benefit of said property, both real and personal,
and have ousted and evictcd petit toner's Of their
rights in snid property; that the rents OF snii
property is reasonably worth three hundred dol
| lars per annum: that petitioners have applied
Cor their distrhu.ive share of said estate from
defcndants and for their share Of the rem there
Of hut have been mt all times denied ny them, u
their damage five thousand dollars.
Petitioners further show that one John il'l-
fnrtnn, who was tho son and heir Of snid stephen
| lIrfingion. on the 5sh day of June, 1903, made
his last will and testament in which he hrqucatl-
ed 10 Charity IienngtOn and Martha Hunt and
his father Stephen Lexington, all the property,
both real and personal, Of which ho might die
possessed, claiming in said will to DO the part
owner of the land and property mentioned IN TINS
petition above, in the conveyance from ;he SAID
Stcphcn to Matthias, James and John ilr!Ingtnh.
hearing date on she - day Of June. 1852, aud
! that the said John lcfilngton departed thi life
on the day Of -, 1854; that the making OF
! snid will, nv the said John. was fraudulent and
void. and in dcrogntion Of their rights; that Char
itv IIcHirgtOn. mentioned in the will of the said
Nohn derea sed, wns the daughter Of the said Ste.
rlep, and Ills heir-at.iuw, and that SHE departed
this life intestntc on the - day OF -, 1909
that the said John and Charity diot without Is
sue. leaving petitioners and defendants their
hcirs.at law That all Of the property mentioned
in said will nnl SAID conveyance, belongs to the
hers-a law of the said stephen, and is kept and
r, tanned in the use and possession Oh de'end-
ants. against their consent and to their damage
$4,000.
Peti toner's pray that the will and conveyance
be held for naught, tor their share Of slid estate
for costs, Tor notice, and for general relief.
You g therefore com mandcd to cite sai Az
ci.,,mi, Hun cul Martha HUNT by publication If
The u .llas Herald for four successive weeks
to he aud appear before the honorable niStme
Court of Fnid county, ON the first daY,o the mex
term thereof to he held ut The Court lloase i. il
tI,o towu Of Dallas on tho l9th Monday after TIN
3i Monday in September, 1858, then and ther'
to answer said petition.
,,srg1@'Esss>, Witness, I'd. c. BroHder' Clerk o
;e :,so" "'"s :"a '51 81. III iii ' Jay
%ssis.Sss.S/ january, 1883
AHeTf: ED. G. BRoWDER. CI'k n. c. ID G
Came to hand Jun'y II, lS5o,and executed b
ordering publication in the Dallas Herald, . news
mrer published in Dallas county, Texas, for loul
successive weeks This the date above written
W. CARTER, Sheriff Dallas county Texas,
Archibald and Martha HUT will take notice
and nnnear accordingly w. CARTER, Sh' II.
T29:4t-Printer S fee, So 90.