Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1872-05-25
vNHE STATE OF TEXAS,

TO The Sheriff Of Dallas County, Greeting:
| You are hereby commanded that you summon, by
publication, s. n. Martin, who is resident OF
this State to be aud appear before the llonora bic
District Court TO be holden in and for the county of
Dallas at the courthouse thereof In the city of Dali
| las on the First Monday in June next, then and
NJ. NJ Miller. jr., and Mary C. Sweat filed in saidi
| court against VIM. ID. Miller and Emma Miller, ms
wife, and O. A. Sweat and S. N. Martin, alledging
in substance as follows; that Mary A. Miller, wife OF
NJ. NJ. Miller, deceased, departed this life the
first day OF December, A. ID. 1856, leaving at her
death surviving husband the said Madison NJ Mil
and Mary Z. Miller viz Amelia d. Miller, NJ. Mil
Ter it,, Benjamin J.. and fredonia Ann Miller; that
dutng the life of the said Mary 7. and whilst she
was the wife Of tho said Madison NJ. the said Madison
NJ. acquired title TO a tract fisk hundred and
eighty and one-half acres of land by virtue Of his
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
ty of Dallas on the waters of Ten Mile creek, and
meeted and bounded rs follows, to-wit: Beginning
at the Northwest corner of Rodcrick Rawlius sur
yoy, a stake and mound, and also n corner OF ID. L..
Halls survey, therce with the East boundary OF
said survey North l32 yaras to stake IN the mound
and the Northeast corner of said ID. Ia Halls snrH
vey, thence North 1906 varas TO stake corner OF
John Halls survey, a blackberry in. bears N. ln%
W. s4I% varas, and a cottonwood feet, bears :.
GiL T. 125lS yaras; thorce with tie North boundary
of said survey East $50 yaras, to stake, thence
South with the West boundary Of raid survey l3S
varas TO a stake, another corner OF said survey,
blackberry, Z in bears 3. l7l2 W. $50 yaras thence
with the South boundary Of said Survey East $40
varas TO the Southeast Of said survey, an Elm
20 in bears s. 81 W. SSs yaras, thence South 1900
varas to cottonwood 10 in. in a branch, and the 5.
W. Of Thos. ]. Phillips survey, in said KaW-
Inns North line;hence with the n boundary line Of
said survey, West lO7i varas TO the place Of begin
ming; that said land so acquired Aforesaid was,
when acquired, the community property, and be-
lOnged to the community estate Of the said Madison
NJ. and Mary +. Miller; at the death Of the SAID
Mary 2. Miller, one undivided e-half of all the
said Of land aforesaid by force the statute in
such cases, made and provided, descended to tho
surviving children Of the said Mary 2. Miller, to-
wit Amelia B.. Madison VI Benjamin y. and Ere
donna Ann Miller, the other half Of said tract ct
land would, Of right, and did belong 10 the said M
NJ Miller. Petitioner further represents that said
Madison NJ Miller, the surviving husband Of the
said Mary p. Miller, and father Of Mary G. Sweat
and the said Amelia b. Miller, Madison NJ. Miller,
Benjamir r. and Fredonia Ann Miller departed this
life on the first day Of April lsGe leaving as sur,iv
ing children and heirs the said Amelia b, Madison
NJ. Benjamin ?. aud fredonia a; Muller ana the
said Mary G. Sweat, who was his child Ny former
marriage and that afterward fo-wit: In the year
IsGI the said Frcdonia Ann and benjamin D. hHles
al eI without ssue leaving their half sister, The sac
MARY C. Sweat A melia D. Miller aud Nj. NJ. Miller,
IT., ~ their heirs af law
Plaintiff further represent that no partition has
ever been made Of sthe commm ify estate of the
lid Mary P. Miller and Madison NJ Miller, deceas-
"a and that defendants claim and hold the said
sl,ove described lands their soc property. wholly
ignoring the rights Of the plaintiffs in and 70 shy
portion Of the said tract ofland wherefore plaintiffs
sue and pray that the final hearing Of this cause
that the plaintiffs do hare and q the said
defsndanis onehaf q all the above described tract
N land; that commissioners be appointed 70 rarti
ton said tract Of land between plaintiffs and defend
uufs and for general relief
Herein fail not but have you then and there before
s.id rourf This writ, with your return thereon.
sho~inr how you have 1ecutad the Witness
Ioln nj Laws CLERK Il the District Court Of Dallas
f.iSrn under my hand and the srai Fl said
- Court in the city Of Dallas, this the eih
day Of May, A-B. 1sI2-
SEAL John NJ LAWS
Wv CT'k Dist Ct. Dallas Co, Texas
Is Y. 4 CooErrs. D-puty-
Ysr a. 1s7sss lt-Printsr's fee -.