The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1880-05-13
MISCELLANEOUS.
THE STATE OF TEXAS.

To the Sheriff or sny Constable OF Travis
County, greeting:
Yen 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, to
be and appear before the District Court. TO be
holden in and for the county OF Travis, st the
courthouse thereof in the city of Austin, on the
first Monday in May, 1880, then and there to
answer the petition OF Thomas T. Kemp. ELAN
Murphy Goodridge, Virginia Jarvis and James
Jarvis, her husband. Amelia Thompson and J.
X. Thorn pson, her husband, filed in said court
AGAINST the said George King, on the a6th day
OF April. 1880, and alleging in substance That
James P. Kemp, soldier of the Republic OF
Texas, died with Fannin at Goliad; that James
p. Kemp, ST., his father, was his only heir-at.
law; that, under the laws OF said Republic, the
said James p. Kemp, sr., his heir as aforesaid,
became entitled TO and received land certificates
for $40 acres, bounty, and $40 acres, donation;
s saaI ap "a ds4s lanes Kemp sI oeing
Died, leaving as his heirs at-law six children by
his first marriage to.wiI: The said Thos. T.
Kemp, John Kemp. Richard Kemp, Anzoletta
Roberts, formerly Kemp.) Mitchell Kemp and
Elizabeth j. Harrison, Qormeriy 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
county, Texas, on the waters OF Wilbarger
creek, in three surveys, and procured patents
thereon: $50 acres, patent No. 492, volume /
OF the records OF the General Land Office; $40
acres, patent No. 13, volume OF the records Of
said office; and $40 acres. patent No. 248, volume
4, of said Office.
That the said John and Richard Kemp de
parted this life interstate, and their two seventies
interest in the property aforesaid was inherited
by the said Thomas T. and the said Mitchell
Kemp and by the said Anzoletta Roberts and
the said Elizabeth J. Harrison. all OF the whole
blood, and by the said Virginia Jarvis, sister of
the half blood; the brothers and the sisters of
the whole blood each thereupon owning 1853 of
the entire property, and the said sister of the
cuted and recorded in the RECORDS of Travis
county, the said Elizabeth ]. Harrison and her
husband sold and conveyed to the said Thomas
T. Kemp her IL 90 interest.
That, afterwards, Mitchell Kemp, dying in
testate, his 1853 interest was inherited by his
children, Mitchell Kemp and Jane CoFnelia Ann
Harrick formerly Kemp.)
That Mitchell Kemp, the younger, by deed
duly executed, sold and conveyed his 1896 in
terest to the said Thomas T. Kemp, who there
upo l, with the purchase from the said Elizabeth
j. Harrison, became the owner of 65-126 Of all
the aforesaid lands.
That, by deeds duly executed by the said
AnZoletta Roberts and the said Jane Cornelia
Ann Harrick, the respective interest of each
was sold and conveyed to he said George K.
Goodridge, now deceased.
That the said Goodridge died in Virginia,
testate, devising and bequeathing all his prop
erty to his wife, the said Ella Murphy Good
ridge, who was nominated the sole execntrix OF
his will. That said will was duly probated, and
the said Ella Murphy Goodndge 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 his one-thlrd in
terest In the lands aforesaid.
That plaintiffs are now and were ON the 2fst
day Of July, 1877, and for 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 T. Kemp, Is 126; to
the said Ella Murphy Gcodridge, 81 i26; to the
said Virginia Jarvis, 22-126; and to the said
Amelia Thompson one-third Of said 126 26. That
all said land Is OF about the same value, and ls
worth on an average about IS per acre,
That being the owners and holders OF SAID
lands, and being seized and possessed of the
same, at the times afor esaid, there was, on the
2lst day OF July, 1877. filed for record and re-
corded in the records OF said Travis county, in
Book IS, pages 266, 267 and 26S q pretended
transcript from the records Of Liberty county,
Texas, purporting 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 sell to one Geo.
King, the defendant herein, the SAID bounty
warrant for $40 acres, being No. 9449 the said
donation warrant for $40 acres, being No 1918
and first-clsss head right for one third or q
league Of land, all Of which we're Issued to the
heirs Of James P. Kemp, deceased. That said
transcript bears date January l5 1857, and ap-
pears as certified by P. r. Smith, county clerk
Of said Liberty county. That prior to the filing
OF said transcript, the courthouse of Liberty
county with it's probate records was burnt.
That such proceedings were never, in fact. had,
and that the same are forgeries.
That the said James +. Kemp, at the time OF
his death, did not reside In raid Liberty county
and had no property therein.
That the said Logan, III ouch man ever ex-
listed or administered upon said KemP's estafe,
was in nowise relate to or connected with the
said Kemp, and that said certificates were not
property nor assets of his estate.
That from said pretend@ record it appears
that the heirs OF Kemp objected to the sale OF
said certificates.
That the record aforesaid casts a cloud on
PLAINTIFF title.
Prayer For citation by publication to the
said King; fer decree removing the cloud afore-
said from plaintiffs title; and, all parties being
before the court. for partition OF the lands
their several rights and interests; and for such
other and further relief as to equity belongs
and their case may require. Herein fail not, but
have you then and there before said court this
writ, with your return thereon, showing how
you have executed the same.
Court OF Travis county, in the city OF Austin,
this the 26th day Of April, A. d. 1880.
Il. s. Is, MAILMAN,
Clerk District Court.
Came to hand April 26th, 1880, and executed
same day by causing this citation TO be pub
lished in the WEEKLY DEMoCRATIc STATESMAN,
a newspaper published In the city OF Austin,
Travis county, Texas, for four successive weeks
as follows April 18th, May 9th, 18th and 26th.
1880. DENNIS CoRwIN,
Sher q Travis County,
APPS wit Per JRo. P. KIRK Deputy.