The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1880-05-06
MISCELLANEOUS.
THE STATE OF TEXAS.

To the Sheriff or any Constable of Travis
You 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, tC
be and appear before the District Court, to be
holden in and for the county OF Travis, at the
courthouse thereof, in the city Of Austin, the
first Monday in May, 1850, then and there tC
answer the petition OF Thomas T. Kemp, ELAN
Murphy Goodridge, Virginia jarvis and James
Jarvis, her husband, Amelia Thompson and ]
r. Thompson, her husband, filed in said court
against the said George King, on the Goth day
OF April 1880, and alleging in substance That
James + 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 7. Kemp. ST., his heir as aforesaid
became entitled to and received land certificates
for $50 acres, bounty, and Gao acres, donatio ;
that April "a, 1913, James .. Kemp, sr., being
still possessed of and owning said certificates,
died, leaving as his heirs atlaw six children by
his first marriage to-wit: The said Thos. r.
Kemp. John Kemp. Richard Kemp, Anzoletta
Roberts, formerly Kemp.) Mitchell Kemp and
Elizabeth J. Harrison, Formerly Kemp, and by
his second marriage the said Virginia Jarvis,
{ ormerly 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: 1880 acres, patent No. 49, volume /
of the records of the General Land oflce; GAO
acres, patent No. IL, volume 2 of the records OF
said office; and 6l0 acres. patent No. 248, volume
4, OF said office.
That the said John and Richard Kemp de
parted this life intestate, and their two seventies
interest in the property aforesaid was inherited
by the said Thomas II. and the said Mitchell
Kemp and by the said Auzoletta 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 tine sisters OF
the whole blood each thereupon owning IL G3 OF
the entire property, and the said sister OF the
half blood II CD thereof. That by deed, duly exc
cuted and recorded in the recOrds of Travis
county, the said Elizabeth j. Harrison aud her
husband sold and conveyed to the said Thomas
IT, Kemp her - % interest.
That, afterwards, Mitchell Kemp, dying in
testste, his - g interest was inherited by his
Harrick formerly Kcmp)
That Mitchell Kemp, the younger, by deed
duly executed, cold and conveyed mis- l3-196 in
terest to the said Thomas t. Kemp, who there.
upo 1, with the purchase from the said Eliz beth
j. Harrison, became the owner OF G5-l26 OF all
the Aforesaid lands.
That, by deeds duly executed by the said
AnZoletta .RoDerts and the SAID Jane Cornelia
Ann HarIick, the respective interest of each
was sold and conveyed TO he said George x.
Goodridge, now deceased.
That the said GOodridge died in Virginia
tesJaie, devising and bequeathing all his Drop.
erty TO his wife, the said Ella Murphy Good
ridge, who was nominated the sole executrix OF
his will. That ssid will was duly probated and
the said Ella Murphy Goodridge qualified as the
executrix hereof.
That, under the locative contract aforesaid.
the said Moreland was entitled to one third OF
all tne 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 2lst
day Of July, 1877, and for long period OF time
lands, in fee simple, in the following proper.
ton: To the said Thomas T. Kemp. IS l26; to
the said Ella Murphy Gcodridge, 80. 1876; to the
said Virginia Jarvis, 22.l26; and to the said
Amelia Thompson one-third Of said 126 26. That
all said land is OF about the same value, and is
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 Aforesaid, there was, on the
2lst day Of July, 1871, filed for record and re-
corded IN the records OF said Travis county, in
Book IS, pages 266, 267 and 26s a pretended
transcript from the records Of Liberty county
Texas, purporttng to show that, in the yeai
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
b ng, the defendant herein, the SAID bounty
warrant for 1,92l acres, being No. 9449 the said
donation warrsnt for $40 acres, being No. 1918
and hrst-clsss head right for one-third or 4
league of land, all of which were Issued to the
heirs Of James P Kemp, deceased That said
transcript bears date January Is 1851 aud ap
pears IS certified by P. r. Smith, county clerk
OF said Liberty county. That, prior to the fling
Of said transcript, the courthouse OF Liberty
county with lite probate records was burnt
That such proceedings were never in fact had
and that the same are forgeries.
That the said James p. Kemp, at the time OF
his death, did not reside N tAid Liberty county
and had no property therein.
That the said Logan, IL such man ever ex.
listed or administered upon said Kemp's esta,e
was in nowise related to or connected with The
said Kemp, and that said certificates were MOI
property nor assets Of his estate.
That from said pretended record il appears
thai the heirs OF Kemp objected 10 the sale Of
said certificates
Tast the. record aforesaid casts cloud on
plaintiffs title.
Prayer For citation by publication to the
said King; for decree removing the cloud afore
said from plsintiffs title; and all parties being
before the court. for partition OF the lands
Aforesaid lying in Travis county, according q
their several rights and Interests; and for such
and their case mag require. Herein fail not, hui
have you then and there before said court this
Wf1fs with your return thereon, showing how
you have executes the same.
Witness &. Hsliman, Clerk OF the District
Court OF Travis county, in the city OF Austin,
this the 18th day OF April, A. D. $50
Clerk District Ccurt-
Came TO hand April 56rh f5e0. and exceufed
same day by canzitlg this citatisn 10 be pnb-
hehed in the WEEKLT DEaocRATIc STAIk>AAss
= newspaper published IN the city o. Austin.
Trsvis coanfy, Texas, for -four successive weeks
e. folloEs: April 29th. Nay 9Th, I3ih and ash.
Isse5 DENNIS CORWIN,
Sher q TrAvs Counfy,
ans VT Ter JHo. p KIRK. Deputy.