Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1872-05-18
yg7HEE STATE OF TEXAS,


TO The Sheriff IF Dallas County, Greeting:
Youarc hereby commanded that You summon, by
publication, S. n. Martin, who is nonresident OF
this STATE TO DO aud appear before the Honorable
District Court to DO holden in and for tho county of
Dallas, Mt the courthouse thereof in the city of Dali
las on the First Monday in June next, then and
there to answer the petition Of Amelia u Miller.
NJ. NJ. Miller. jr,, aud Mary g. Sweat, filed in said
court against VIM. d. Aiier and Emma Miller his
wife, and q. A. Sweat aud s. y. Martin, allcdgng
in substance as follows that Mary A. Miller, wife OF
NJ. NJ. Miller deceased, departed this life ON the
first day OF December, A. b. 1876, leaving at her
death surviving husband, the said Madison N Mil
lcr, and the following, the chdron OF the said NJ. n.
and Mary 7. Miller viz Amelia b. Miller, MIN Mill
lei ir., Benjamin T. and Fredonia Ann Miller; that
during the life Of the said Mary P. aud whilst she
was the wife of tho said Madison NJ the said Madison
NJ. acquired a title TO a tract ofsix hundred IND
eighty and one-half acres of land by virtue Of his
colony headright certificate No. 400, Vol. l. Issued
by Thomas W. Ward, commissioner of Peters colo
n.y. which said tract of land is situated in the
ty of Dallas, the waters Of Ten Mile creek, and
meotel and bounded as follows, to-wit beginning
at the Northwest corner Of Rodcricls Rawlius sur
vey, a stake and mound and also n corner Of d. u.
Halls survey, theuce with the East boundary of
said survey North 1872 yaras TO stake in the mound
and the Northeast corner of said d. l.. Halls sC-T
yey, thence North l9o6 varas to stake, corner Of
John Halls survey, blackberry In. bears N. l0L
W. Sl1S var9s and a cottonwood feei, bears 5
ca f. l2j3 sarasi thence with the hoTsh boundary
of said survey East $50 yaras, TO stake, thence
south with the West boundary Of taid survey l3S
varas TO stake, another corner Of said survey,
blackberry, in; bears $ ~, ~ $50 varlsi thenee
with the South boundary ofsaid Survey East $40
yaras to the Southeast CT Of taid survey an Elm
20 in bears s. 2lo W. Sss yaras, thence South 1900
varas to Cottonwood 10 in. iuia branch, aud Tie 8.
w. corner OF Thos. J. Phillips survey in said Rawl
Inns North linethenee with the n. boundary line Of
said survey, West 1914 varas, 10 the place Of begin
ming; that said land so acquired as Aforesaid was,
when acquired, the community property, and I .,
louged 10 the community estate Of the said Ms;sS,
NJ. and Mary P. Miller; at tho aeath n tbe sai1
Mary p. Miller, ono undivided one nalr Of All Inc
said tract OF land iece IF statute ia
surviving children Of the bAid Mary p Miller. TO-
wit Amelia D., Madison NJ Bcljainin r. and Ere
donia Ann Miller, the other half OF aid tract Of
land would, of right, and did belong 70 the said H.
NJ. Miller. Petitioner further represents that said
Madison NJ. Miller, the Surviving husband Of the
said MARY T. miilsr, ara tanner OF Hwy G. Sweat
and tho said Amelia d. Miller, Madison N. Miller,
Benianlip r. and fredouiA Ann Millsf departed this
III, on the first day Of Aril, 1sGn having kursiv-
ing children and heirs the said hiaclia r. Hadisor-
N benjamin. y. snd fredoEa 4 Miller, had the p
marriage, and that afsefward so.xit. In the year
1864 lie said Frciunia Ann aud Benjamin 4. Miller
al a without issue leaving their half sister the said
Mary C. Sweat, Amelia d. Miilei AID n NJ Miller,
jr, - their hrirs ~ law.
Plaintiffs further represent that partition hiss
ever been made Of the conn unity estate Of the
said Mary r. Miller and Madison ~ Miller, dectas-
ed and that DESCENDANTS lin and hold The said
above described lands as Their property, wholly
ignoring the rights Of the pllirtils IN and 10 any
portion Of the said tract ofian 4 wherefore aintihs
sns and pray that on the ina hearing 81 tbs causs
that tho plaintiffs do have aud recover Of the sad
DESCENDANTS onehaif q al the above described tract
Of land; that commissioners he appointed 70 partls
ton said tract ofland between rlainiis and deend-
ants, and for general relief.
Herein fail not but have you then ard thare before
said ouuri this wit, With yeur return thereon,
showing nov yor t--e e,scrira the snme- wines
John NJ laws, Clerk Ofthe District Court o. DALAI
county, Texas
(;iter under my hand and Ike fral Il said
Court IN The city Of Dallas, this the SD
SEAL JOHN ~ LAEs-
Wv CHI Dilf- Ct. Dallas Co, Ie1as.
By y T. COCHIN. D. pity.
MI IS, fs-s-6 ii-fti1iurt 30 10.