Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1859-01-19
THE STATE OF TEXAS.

1
To the Sheriff of Dallas county Greeting:
nAYlD'HUFFlNES and Nancy Hufints, his
! W wife, James Lane and Jane Lane. his wife,
all citizens Of Dallas county in said State, have
fled their petition in the District Court of said
county against Matthias Hefington and James
Lexington, citizens OF the same county and State,
and Archibald Hunt and Martha Hunt, his wife,
who are non-residents of this State, alleging, in
substance, asaSNows
That on the - day of June. 1852, Stephen Hef-
fngton made executed and delivered a certain
instrument of writing which is in the possession
of defendants oyer Of which ia prayed; that hy
said document he conveyed all the real estate Of
which he was then possessed to defendants, or o
portion Of them, which said real estate is men.
toned in said writing, or by parol, gave to said
defendants, or portion Of them, all Of his per-
sonal property said conveyance to take effect and
be in force only after his death, ill Of which was
false, fraudulent and void in law that plaintiffs
were, previous to the death OF said stephen, and
now are, the husbands Of Nancy and Jams Hef-
fngton, now Nancy Hulines and Jane Lane, who
are the children and heirs of the said Stephen
Henington, and are entitled to a dis ributiye
share of said es ale that said Stephen departed
this life on the = day of - 1858 that since
said time defendants have had the possession and
benefit Of said property, both real and personal
and have ousted andevicted petitioners of their
rights in said property; that the rents of said
property is reasonably worth three hundred dol
lars per annum that petitioners have applied
cor their distributiye share of said estate from
defendants, and for their share of the rens there
Of, but have been at all times denied by them, 70
their damage five thousand dollars.
Petitioners further show that ono John Hef-
fngton, who was the son and heir of said Stephen
lexington, on the 9th day of June, 1858, made
his last will and Testament in which he bequeath-
ed to Charity Hefington and Martin Hunt and
1: No. A.
both real and PERSONAL, of which he might die =
claiming in said will to be the part
owner of the land and property mentioned IN this
petition above, in the conveyance from the said
Stephen to Matthias, james and John Hefington, &
bearing date on the = day of June, 1882, and
that the said John Hefington Departed this life
on the - day of -, 1854; that the making OF
said will, by the said John, was fraudulent and
void and in derogaton of their rights; that Char
ity lexington, mentioned in the will of the said
John, deceased, was the daughter of the said Ste
phen, and his heir-at- law and that she departed
this life intestate ON the - day of -, 1855
that the said John and Charity died without ~
sue, leaving petitioners and Defendants their
That all of the property mentioned
n said will and said conveyance, belongs to tho
ieirs-at-law Of tho said Stephen, and is keptand
e tanned in the nse and possession Of defend
.nts, against their consent and to their damage .
$40, 900. So 49,
Petitioners pray that the VIII and conveyance
,e held for naught for their share of said cstats
or costs, for notice, and for general relief
You are therefore commanded to cite std Ar
h,bald Hunt and Martha Hunt by publication in
he Dallas Herald for four successive weeks,
o be and appear before the Honorable District
court of said county, on the first day Of the next
ern, thereof, to be held at the Court House in
he town Of Dallas, on the 10Th Monday after sbs
q Monday in September, 1858, then and there
o answer said petition. =
Witness. Ed. G. Brorder, Clerk Of
SF CA said court, and the seal thereof
g <llA1S3 hereon impressed, this ilth day ef
- January, 1869
znta ED. c. BROTDER. Cl'k D. O. D. q.
Came to hand Jan'y u, 1859, and erecalej hx
rderirg qualification in TIE Dallas Herald. answ,~
al CT published in DalIas county, Texas, for foug
zccessjTe weeks, 1hisFfhc date above written.
w UtKrER. Sheriff Dallas ton7 u IL. =. s,
4srhiield ead Martaa ant VIII tsk ,r4;..
- - ---l1 - Ia = a. -. Z q "