Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1872-06-01
y1yHE STATE, sF TEXAS,

| TO The Sheriff IF DaiiFs County, Greeting!
You arc hereby commanded that you summon, by
publication s. n. Martin, who 10 u.rnsih-nt ~
this STATE, to be and arrecc before the Iicnoribis
District Court to bs hoheH'iiarf for the county Of
DALLAS at the courthouse thereof IN tho city "i bal
| las on the First MONDAY In ynno next than and
| there TO answer tho petition 81 Amelia u Millcr.
NJ. NJ Miller, jr, and Mary C. Sweat, Med in said
court against VIM d. Miller and Emma Milfor his
| wife, and Q. A. Sweat ands. n. Martin, nllcdgng
in substance as follows: that Mary A. Miller vito Of
NJ. NJ. Miller, deceased, DEPARTED this life on the
first day OF December A. y, 1850. leaving at her
death a surviving husband, tbesaii Madison NJ. MN,
Ter, aud the following. The thifr-n ofihc4aah NJ NJ
| and Mary p. Miller viz Aroiis'Bs iter, M.M.Mh-
Ter ir BENJAMIN y. and yreiosia I'M Miller, that
during the life of the said MSry II ari whilst she.
was he wife Of the said Mad!shn NJ the said Madison
NJ. acquired title to tract otsix hundred and
eighty and onehalf acres Of land by virtue OF his
colony he albright certificate, No. iU2, Vol l. Issued
by Thomas W. ward commissioner Of Peters colo
NY which said tract Of land !. situated in tho ooun
~ Of Dallas on the waters 81 Ten Mile creek and
meat ed and bounded as follows, towit; Beginning
at tho Northwest corner Of Rodoriek Rawlios' sur
vcy, stake and mound, and also n corner Of d. H.
Halls survey thence with the East boundary oft
said survey North 132 vsTRs TO stake ia the inoi.
aud the Northeast corner Of said d. T. Halls sur
vey, thence North 1906 varas TO stake, corner of
John BALLS survey, n blackberry In. Bears NJ TO-
W, siis varas, and n cottonwood feet, bears :.
6iS y. 125ll varas; thcDco with the North boundary
Of said survey East $50 varas, TO n STAKE, thence
South with the Wcst boundary Of said survey lis
warns to a stake, another corner OF said survey a
Hsckb.rry in bears s. TX, W. $50 varas; thence
with the South boundary Of said Survsy East 9l0
yaras the Southeast corr CT Of said survey an Em
20 in bears s. 90 W. SsS varas, thence South 1900
varas to oiisnwood 10 in. in a branch, and the $.
W corner ofThos. J. Phillips survey, in said Rawl
lins North linethenoc with the N boundary line OF
said survey West lO7i yaras, tho place Of begin
ming; that said land 40 acquired ss aforesaid was,
when acquired tho community property, and DC
,nnged 70 the community estate OF the sara maasaa
NJ and Nary T, Miller; at the death OF the said
Ne r Miller ono undivided one hall Of all the
said tract of J aforesaid ijroe 81 the statute IN
such cases, made and provided, descended TO the
surviving children Of tue wary rIiir-r, ,vS
wilt Amelia b., Madison VI Benjamin y and Ere
dunia Ann Miller, the other half Of said TRACT Of
land would Of right, and did belong 10 the said NJ.
NJ Miller. Petitioner further represents that said
Madison 81 Miller, the surviving husband Of tho
said Mary T. Miller, and father Of Mary c. Sweat
and the said Amelia D. Miller Madison NJ. Miller.
benjamin. y. and fredonia Ann Miller departed this
life on the first day Of April, 1897 leaving as PirTiv
ing children and heirs the said Amelia b., Madison
NJ Besjsmin D. and FredoRia a. Miller, AZ tbs,
said Mary @. Sweat, who was his child BY forme-
marriage. and ihst aherward t,,wli IN ths ysat
ssl the said frei"nia Ann and Benjamin y. Millsf
lei without ssue leaving their half sister, the saie
MARY G Swat, Amelia B. Miller aud NJ. VI. Miller.
IT.. " their heirs al law
Plaintiff. further represent that no partition hss
ever been made Of .the iiy estate Of the
aid mary r. Miller aud Madison NJ. Miilsr. dscoas-
Cd aud that dei-Bdants nyw claim and bold The slid
ni.ovs Described lands their soe property, wholly
ignoring the rights Of the plaintiffs in and to any
FtIon Il the said tract q Hand Wherefore PLAINTIFF
ne and pray that the final hearing 81 this cause
that il- plaintiffs do have and recover Of the said
sfsndanis one half II all the above described irst
Il land. that commissioners be appointed 70 part
,ou said Tract II land between plaintiffs and defend
ants, and fof general relish
-aid court This writ. With your return thereof.
showing how you have executed the safnr. Witness
John " Lsws CLERK Of the District Court % Dallas
$50 ,,-s.r nv hsnd and the sci Il sid