The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1861-02-16

THE STATE OF TEXAS,
County Of Harrison
10 The Sheriff Of nid County Groding,
AHEREAS, ia our District Court ii Har.
w rson county. on the 9Th day of February.
1861, Garland H. Lrpscomte Plaintiff. who re
sides In said County Of Harrison, filed his pc
Triton against Wary J.. Davis, Margaret Aun
DAVIS VIM t. Davis, John Is DAVIS, George
l. Davis Sarah Jane Davis Eliza Ellen Davis,
and Mary +. Davis and shows that on the Goth
day OF November $50 the Plaintiff purchased
from Mary l.. Davis enc of said Defendants, a
tract of land situated in the town Of Marshall /.
containing twelve "a acres for ,le price and sum
81 fifteen hundred dollars, Mat IS 10 SAY for eight
hundred dollars paid at the time Of said purchase
and seven hundred dollars for which petitioner
made and delivered to Mary l.. Davis, his prom.
isory note, payable on the first day Of January
SCI for which hand purchased aforesaid, he
took a deed from said Mary l.. DAVIS aud REFERRED
To as exhibit \, and made part Of this petition
Shows that the said land andapperienanc'e were
owned and possessed by Samuel " Davis de
ceased in hi life time as his homestead that he
was survived 10y the said Mary l.. Davis his
widow, and by the other Defendants seven in
number named herein his children, and tha,
they occupied the same "a their homestead until
the sale Aforesaid by Mary l.. Davis TO petition
er shows that theland and premises aforesaid,
conveyed by the said Mary l.. Davis so petition
er were acquired by said Samuel W. DAVIS du-
ring coyerure with the said Mary l.. DAVIS hg
purchase. aud was parcel of community estate
owned by them and has remained undivided be-
tween the said Mary l.. Davis aud her said chill.
drod Shows that as 10 one undivided moily 10
said land auiappertenaHces the same is fully CON
ycyed TO him by deed from said Mary l.. Davis f.
that as TO the remaining interest thereof doubt
exists "a To the power and right OF the said Mary
l. DAVIS to convey to your petitioner tie title Of
the said children thereto. Shows thai two Of
said children Margaret Ann Davis aud VIM l..
Davis being of lawful age. acquicgccd in said
sale and advised aud assisted in the making Of
the same Shows that said John b Davis,
George /. DAVIS Mary Jane Davis, Eliza Ellen
Davis and Mary ] Davis are minors, and have
no guardian OF guardians 81 therosatos.
Wherefore petition pfay' judgment LIST,
That said sale made by the said Ngy l.. Davis
10 petitioner be in all thing confirmed and made
valid against the said Defendants Margaret Ann.
William l.. John b. George L., Sarah Jane
Eliza tlleu and MARY I Davis subject to the ven.
doris lien as security Ion the payment OF the said
prnmsory note tor seven buadrcd dollars. 2ud
That in The event the said sal. cannot in the
opinion Of the Court against children be con
ilruHd that decree Of partition and distribution
D.. mada ot said PREMISE allotlne Ia your pc
rfionar unrmotc thereof and ~ the said children
DE- other uoity; nu3 asking OF thr Coart ap.
paufmani of Commissioners iu accordance With
tlp iaNs of thi- State and affidavit having hc,u
made that The Defendants herein named, are
u1n.re.ilcu's u this state.
.rhesa arc therefore. TO command you 70 SUM