Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1872-06-08
yg>llE STaTE OE TEXAS,

Ta tic Sheriff Of DdliaS County, Greeting;
youarc hereby commanded that You summon, hy
plrl,licaiion, s. ". Martin, who is nonresident Il
this State 10 I've apA appear before the llon"raha
Iiatrh Court to Ne holden iH and Tor the comfy of
Dallas at -. cunrhoRse thereof in the city Of bal.
| las On M First Monday in JEne next, then nld
there to answer the petition of Amelia u Miller.
NJ NJ Miller. ir aud Mary G. Sweat. fled in said
| cnnrt against VIM H. Miller and Emma Miller, his
| wife, and q. A. Sweat and ). n. Martin, nllclging
in substance as follows: that Mary \. Miller, wife Of
NJ. NJ. Miller, deceased, departed th's NE on IN"
fires day u Deccmbcr, \. u. 1879, leaving nt her
death u suryic cling hushartl, the said Madison VI Mil.
ler and the following, the children of the said NJ NJ
and Mary r. Miller viz Amelia u. Mler, v, NJ. Mil
Ter ir BENJAMIN D. and Frcdonia Ann Miller; that
during the life of the said Mary +. and whilst sho
was the wife Of tho said Madison NJ the said Madison
NJ. acquired a title to n tract ofsix hundred and
eighty and onc-haf acres OF land by virtue OF ms
colony he albright certificate No. 400, Vol. l. issued
by Thomas W. Ward, commissioner of Peters colo
ny, which said tract of land is situated in the coun
~ Of Dallas the waters OF Ten Mile creek, and
meetc,i and bounded as follows, to-wit: Beginning
at the Northwest corner OF Rodcrick Rawlins' sur
yey, a stake and mound, and also corner OF ID. 10.
Halls survey, thercc with the East boundary ~
said survey North l32 TO stake in the mound,
| aud the Northeast corner Of said ID. u. Halls sur
yey thence North 1906 varas TO stake, corner OF
John Halls survey, blackberry IN, bears N. loi
w s4iS yarss, and a cottonwood feet, bears :.
GlL T. 12jL varas; thence with the North boundary
Of said survey East $50 varas, TO a stake, thence
South with the West boundary OF aud survey los
blackberry in. bears s. lTla, W. $50 yaras thence
with the South boundary Of said Survey East $40
,aras to the Southeast corr Of said survey, an Elm
20 in. bears s. 81 W. SIS yaras thence South 100
yara- to a cottonwood 10 in In a branch, and the ).
W corner Of Thos. J. Phillips survey, in said Rawl.
ns' North ne;thence with the n. boundary lineof
said survey, West lG1l 10 the place OF begin
min z: that said land acquired Aforesaid was,
when acquired, the community property, aud be-
lcnee 90 the immunity estate Of the said Madison
NJ. aud Mary r. Miller; at the death Of the said
Mary T. Miller, one undivided one half Of all the
said tract Of baud aforesaid by force ,fihe statute in
such cases, made aud provided, descended TO tie
surviving children Of tho said Mary 7. Miller, to-
wit Amelia b., Madison VI Benjamin +. and FIRE.
donia Ann Miller. the other half Of said tract of
land would, Of right and did belong 10 the said VI.
VI. Miller. Petitioner further represents that SAID
Madison VI. Miller, the surviving husband of the
said Mary p. Miller, and father Of Mary G. Sweat
and the said AnIelia D. Miller, Madison VI. Miller.
Benjamr y. and fredonia Ann Miller departed tins
life on the rst day Of April, lsg leaving as surviv-
ING children aud heirs tho said Amelia D., MADISON
81 BenjaIuin ,. and fredonia 4. Miller, aud ths
said Mary e. Sweat, who was his child IS foriHcr
marriage aud that afiervard to-wit: In the yer
Isii the said Fredonia Ann and Benjamin T. Miller
al "a without ISSUE leaving icr halfsisfer- the said
Mary SWEAT. Atlelia b. Mixer aud II. u. Mice,
ir " their heirs at law.
r,sirifn. farther represent that no partition has
ever been made q .fhe cufmm ity estate Of tho
aid MARY T. Miller and Madison " Miller, deceas-
ed and that defendants claim and hold the said
Above Described lands ~ theiT soc property. wholly
ignoring the rights Of The plaintiffs In and 20 any
rsrtiou Il he said trErt OF land wherefore plaintiffs
sue ard pray that te final hearing Of this cause
that the plaintiffs 20 have and recover Il the said
rfnauis one half Of all the above described tract
sftrud. flat clarmissiouers be appointed % faril-
tim said tsrtcf land between plaintiffs and deicnd-
anita ard for general relief
Herein faii not In, have you then and here heors
said cost This writ. with your Return thereon,
shu~irr hou ycu have executed the same. Witness,
John NJ Laws clerk q the District Court Of Dallas
ceuafy. Teras,
Cir~n under nv bard and the senl Il AID
Cs.urf IN The city 81 Dallas, This the 81
day II May. A. ,. is7-
| SEAL JOHN " LAWS
NV CHI Disf- u. Dallas Co Ts1as-
b 2 Y CnrrFys- Deputy.
Nsy le. 1E7z .51rii-fIin-cIs re 80.