Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1859-02-09
LEGAL hLVEa.lsL-.-.-.4a
TIIg STATr or TFXAs.


/ ~ ns Sisrif " Dalias esssiy G0Riisgs
nANlD lilIllNfS aud Naney iluihnes, NJ
~ wife. James lane AMI Jane lane. his vile
all eifssns Of Dallas county. In faii state, ia,'
tiled their psiiiion In the District Court If said
I county, against Matthias llehiusion AMI Jlm''
lltfingtun, citizens of the same founiy and Stale
and Archibald liant AMI Martha llnn', lie vie
who sTc non-Fe'ilunis oi this SIat', a'lsti7s' 10
substance, a. follows;
That ON the - day of June. 1859, Stephen lief
GngiOh made, executed sHi delivered e'Fi,ir
instrument Of writing which i in the Tossesi.n
0f defendants, oyer OF Which Il prayed that w
said document he conveyed all the real estate oi
which lie was then Iassessei o. defendants, ~ =
rGItlOn of them, which said real estate I. mem
Toned in said writing, ar by paFol, gave n laid
defendants, ar portion Q! theta, all II lis PER
soRal property; said conveyance % take efrcl ami
he In force only amer his death, all ~ which Nls
,AlsH, fraudulent and void IN law that piainUh.
were, previous Ia the death OF saii stephen, and
now are, the husbands Of Nancy ahd Jane lief
lngton, now Nincy iluilnea aud Jane Lane, who
aFs the children A.. heirs Ut the SAID stephen
IIefinston. and are entitled "a n dis Tilnti's
share or said es.ne that said stephen departed
ills M, ON the = dny az - ls5S that since
said time defendants have had the possession and
benefit Of said property, hji! real and personal,
and have Ousted and eyicted nctiiUhrts OF 'Nr..
rights In raid property; that the rents e' san
property il reasonably worth three hundred lt''
lars per annum; that petitioners have APPLIED
Tor their distrihuti,e share Of said estate from
defendants, and for their share of the rens there
Of, but have leen at all TINES denied by them, t.
their damage five thousand dollars,
Petitioners further show that one ,lohn lirf'
ilne,on, who was tho sin and heir of said stephen
Lexington. IN the 9Th day OF Jane, 1861, made
his last will and testament in which he hequoatl-
ed Ia Charity Lexington and Martha Hunt and
his father, Stephen lexington, all the property,
both real and personal Of which lac might die
possessed, claiming In slll will % h. tho part
owner Of the land and PROPERTY mentioned in this
petition above, in the conveyance from ihe said
Stephen TO Matthias, James and John liclington.
hearing date on tho - day of June, 1882, nui
that the said John Lexington departed thi life
on the - day Of -, 1851; that the making Of
said will, by the said John, was fraudulent and
void. and in dcrosation of their rights that Char.
ity Lexington. mentioned in the will of the said
John. deceased, was the daughter Of the said Ste.
plcn, and his hcir-Gt.a%, and that she departed
this life intcstute on the - day Of -, 1858 |
that the said John and Charity died without il
sue, leaving petitioners and defendants their
hcirs-at law That all of the property mentioned
in said will and sad conveyance, belongs - the
heirs-at-law Of the said Stephen, and is kept aud
retained in the use and possession Of defend
ants, against their consent and to their uariagc
10000.
Petitioners pray that the will and conveyance
he held for naught, Tor their share Of snd estate,
for costs, Tor notice, and for general relief
You a'e therefore commanded to cite said Ar
chibuld Hum and Martha Hunt by publication in
the Dallas Herald for four successive weeks,
to be and appear iciorc the Honorable District
Court Of said county, on the first day of the next
term thereof, to be held ut the Court lIonsG in
r hall, t,n It..,