The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1880-05-20
MISCELLANEOUS.
THE STATE OF TEXAS.
TO the sheriff or any Constable of Travis

To the Sheriff or any Constable OF Travis
Yeu are hereby commanded that, by making
publication OF this citation in some newspaper
published in said county for four weeks pre-
Vious TO the return day hereof. yOu summon
George King, whose residence Is unknown, u
be and appear before the District Cont. 10 b,
holden in and for the county OF Trayis, ct IN,
courthouse thereof in the city OF Austin, on thC
first Monday in May, $3.50, then and there tC
answer the petition of Thomas r. Kemp Ellan
Murphy Goodridge, Virginia Jarvis and James
Jarvis, her husband. Amelia Thompson and j
X. Thon pson, her husband, hled in said court
AGAINST the said George King, on the 26th day
OF April, 1850, and alleging in substance THAI
James 2. Kemp, soldier OF the Republic OF
Texas, died with Fannin at Goliad; that dameE
p. Kemp, ST., his father, was his only heir-at
law that, under the laws OF said Republic, the
said James II. Kemp, sr., his heir as aforesaid
became entitled TO and received land certificates
for $40 acres, bounty. and Gao acres, donation
that April 81, 1913, James y. Kemp. ST., being
still possessed OF and owning said certificates
died, leaving as hiR heirs at-law Fix childreh by
MS hrst marriage, to:wit: The said Thos. T.
Kemp, John Kemp, Richard Kemp, Anzoletts
Roberts, formerly kemp0 Mitchell Kemp and
Elizabeth j. Harrison, Formerly Kemp, and by
his second marriage the said Virginia Jarvis,
formerly Kemp; that the heirs last aforesaid
being each possessed OF an undivided one
seventh interest in said property, procured one
Jos. Moreland to locate said certificates that
the said Moreland located the same In Travis
creek, in three surveys, and procured patents
thereon 1,2S0 acres, patent No. 400, volume ]
Of the records OF the General Land ONCE; e4l
acres, patent No. IL, volume 2 OF the records OF
said office; snd Gao acres. patent No. a3S volume
4, OF said Office.
That the said John and Richard Kemp dc
parted thus NE interstate, and their two seventhf
interest In the property aforesaid was inherited
by the said Thomas 4. and the said Mitchell
Kemp and by the said Anzoletta Roberts and
the said Elizabeth ]. Harrison. all Of the whole
blood and ny the said Virginia Jarvis, sister OF
the half blood; the brothers and the sisters OF
the whole blood each therenpon owning 1869 OI
the entire property, and the said sister OF the
half blood II 63 thereof. That by deed, duly exc
cuted and recorded in the records of Travis
county, the said Elizabeth j. Harrison and her
husband cold and conveyed to the said Thomas
T. Kemp her II 63 interest,
That, afterwards, Mitchell Kemp, dying In.
testate, his 1868 interest was inherited by his
children, Mitchell Kemp and Jane Cornelia Ann
Harrick formerly Kemp.)
That Mitchell Kemp, the younger, by deed
duly executed, sold and conveyed mis- 1876 in
terest to the said Thomas II. Kemp, who there.
upo 1, with the purchase from the said Elizabeth
j. Harrison, became the owner OF 65-12G OF all
the aforesaid lands.
That, by deeds duly executed by the said
Anzoletta Roberts and the SAID Jano Cornelia
Ann Harrick, the respective interest of each
was sold and conveyed TO The said George K
Goodridge, now deceased.
That the said Goodridge died in Virginia,
tesrate, devising and bequeathing all his prop
erty TO his wife, the said Rla Murphy Good
ridge, who was nominated the sole executiix OF
his will. That said will was duly probated, and
the said Ella Murphy Goodridge qualified as the
eXecutrix thereof.
That, under the locative contract aforesaid.
the said Moreland was entitled TO one third OF
all the aforesaid lands. That, since the per
forming Of said contract. he has died, leaving;
as one Of his heirs, the said Amelia Thompson,
who, upon partition OF his estate among ali
the heirs, became, entitled to bis one-thIru in
fprQGf In tho lands afnraSaid
That plaintiffs are now and were ON the 31st
day OF July, 1871, and FOX a long period OF time
anterior thereto the owners and holders OF said
lands, in fee simple, in the following proper
ton; To the said Thomas II. Kemp. IS 126; to
the said Ella Murphy Gcodridge, 80 i26; to the
said Virginia Jarvis, 22126; and to the said
Amelia Thompson one-third of said 126 %. That
all said land Is OF about the same value, and rs
worth on an average about 50 per acre.
That being the owper5 and holders OF SAID
lands, and being seized and possessed OF the
same, at the times aforesaid, there was, on the
2lst day of July, 1917. fled for record and re-
corded in the records of said Travis county, in
Book IS, pages 2G6, 267 and 26S, 8 pretended
transcript from the records Of Liberty county,
Texas, purportng to show that, in the year
1910, one W. NJ. Logan, pretending to be the
administrator OF the estate OF said James p.
Kemp, deceased, on his own petition, procured
an order to sell, and that he did cell to one Geo.
4 ng, the defendant herein, the SAID bounty
warrant for 1,92o acres, being No. 944a. the said
donation warrant for 60 acres, being No lOl5,
and arstclses head right for one.third or 8
league of land, all of which were issued to the
heirs OF James L. Kemp, deceased. That said
bears date January 10, 1851, and ap-
pears as certified by T. r. Smith, county clerk
OF said Liberty county That, prior to the fling
Of said transcript, the courthouse OF Liberty
county with its probate records was burnt.
That such proceedings were never, in fact. had,
and that the same are forgeries.
That the said jones p. Kemp, at tine time of
bis death, did not reside in aid Liberty county
and had no property therein.
That the said Logan, II such man ever ex-
was in nowise relate TO or connected with the
said Kemp, and that said certificates were rot
property nor assets Of his estate.
That from said pretended record il appears
that the heirs Of Kemp objected tothe sale Of
That the record aforesaid casts cloud on
PLAINTIFF title.
: Prayer For citation by publication to the
sald King, for decree removing The cloud af0re-
said from PLAINTIFF title; and, all parties being
Aforesaid lying In Travis county, according TO
heir several rights and interests; and for such
other and furIner relief as TO equity belongs
md their case may require. Herein fail not, but
have you then and there before sand court this
writ. with year return thereon. showing how
you have executed the same.
Witnsss E. Hallman, Clerk OF the District
Court OF Travis county, in the city OF Austin,
his the sGth day Of April, A. D. 1880.
L. ; K. MAILMAN,
Clerk District Court.
Came 10 hand April s6th, 1880. and executed
Iame day by causing this citation to be pub
ished in The WEEKLY DEMOCRATIC STATESMAN,
newspaper published IN the city OF Austin,
IS follows: April 29th, May 9Th, 18th and eetil,
$50. DENNIS CoRW IN,
Sher I Travis County,
aD8 WIT Ter JEo. P. Kirk Deputy.