The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1880-04-29
NEW ADVERTISEMENT.
THE STATE OF TEXAS.

10 the Sherln or any Constable OF Travis
\ u are hereby commanded that by making
Publication Of this citation in some newspaper
published in said county for four weeks pre-
George King, whose residence is unknown, to
be and appear before the District Court, TO be
holden in and for the loun y OF Travis, Ut the
courthouse thereof, in the city of Austin on the
first Monday in May, 50, then ami there to
answer the petition OF Thomas It. K-mp. Elan
Murphy Goodridge, Virginia Jarvis and James
Jarvis. her husband, Amelia Thompson and j..
X. Tho0 pson her husband. fled in said court
against the said Georg. King, on the 10th day
OF April, 1880, and alleging in substance That
James 2. 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. ST., his heir as aforesaid,
became entitled 10 and received land certificates
for go acres, bounty. and 6t0 acres, donation;
that April 81, 1S43, James u. Kemp, sr being
still possessed OF and owning said certificates,
died, leaving as his heirs at-law six children by
his fret marriage towi The said Thos. T.
Kemp, john Kemp. Richard Kemp, AnZoletta
r berts, formerly Kemp Michel Kemp ard
Elizabeth j. Harrison, Qormery Kemp, and by
his second marriage the said Virginia Jarvis
(ormerly KEMP; that the heirs last Aforesaid
being each possessed OF 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: go acres, patent No. 1872 volume l.
OF the record OF the General Land Office; GAO
acres, patent No. Is, volume Of the records OF
said ofhee; and 64O acres. patent No. 248, volume
4, OF said office.
That the said John and Richard Kemp de
parted this hte int state 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. Ha :rison, all OF the whole
blood, and by the said Virg MA Jarvis, sister of
the half blood; the brothers and the sisters OF
the whole blood each tn reupon owning 363 OF
half blood II 63 thereof. That by deed, duly exc
cuted and recorded In the recor 6 Of Travis
county, the said Elizabeth j. Harrison 3, her
husband sold and conveyed TO the said Thorn As
T. Kemp her 10 s. interest.
That, afterwards, Mitchell Kemp dying in
testate, his ID 6 interest was inherited by HIS
children, Mitchell KemD and Jane Cornelia Ann
irrick formerly Kcmp)
That Mitchell Kemp, the younger, by deed
duly executed, sold and conveyed ME 1870 in
upo |, with the purchase from the said Elis .beI
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 Hartick, the respective interest OF each
was sSd eng ad h area sad In eSSGTgf *
testaLe, dsvising and bequeathing all his prou.
erty to his wife, the said Ella Muir ny Good.
ridge, who was nominated the sole executrIx of
his will. That said will was duly probated. and
The said Tia Murphy Goodridge qnalifie ed as the
eLecutrix tn, reof
That, under the locative contract aforesaid
me SAID Morelsnd wss emit led TO one third OF
forming of sad contract, he hiss led. LEAVING
az one OF his heirs, the i'd Amelia Thompson'
VINO, upon partition OF his estate among ali
the heirs, became entitled to his one-lhlrd In.
terest In the lands aforesaid
mat plaintiffs are now and were on the 21st
day OF July, 1877, and for q long period of time
anterior thereto, the owners and holders OF said
lands, in fee simple, In the following propor.-
ton; To the said Thomas T. Kemp Is 1876: to
the said Ella Murphy Gcodridge SO 1876; to the
amelia Thompson one.third Of said 1876 a6. That
all said land is OF about the same value and ls
worth on an aver &c about IS per acre,
nat being the owners and holuers OF sad
lands, and being sc 2ed and possessed of the
same, at the times afo esaid there was. on fhe
Slst day OF July, 1871 filed for record and re-
Sorded In the feCords Of said Travis county, in
Book 3S, pages 266, 267 and 26S, pretended
Transcript from the records Of Liberty county
Iexa', purporttng to show that, in the year
le4O, one w. N: Logan, pretending to be the
40 n inletrator 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.
b ng, the defendant herein, the said bounty
warrant for ], 92l acres, being No 9449 the sail
donation war; nj for $40 acres, being No lois
and first-class head right for one-third or q
league OF land, all OF which were issued to the
transcript bears date January 49, 1857, and an
pears as 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 its probate records was burnt.
That such proceedings were never, in fact, had
and that the same are fQrgeries.
That IN said james p. Kemp at the time of
dis death, did not reside In aid Liberty comfy
and had no property therein.
fnat the said Logan, II such man ever ex-
listed or administered upon said Kemp's esta @
was In nowise relat, to or connected win The
said Kemp, and that said certificates were Eor
property nor assets Of his estate
That from said Pretended record il appear.
that the heirs OF Kemp objected TO the ale OF
said certificates u
That the record aforesaid casts a cloud on |
PLAINTIFF title. w
Prayer For citation by publication to the
saie hlne; Ter decree removing he cloud afore- |
said from plsintifs title; and all parties being
before the court, for partition OF the lands
aforesaid lying in Travis county, according 10 |
Lneir several rights and Interests; snd for euch
other and further relief as to equity BELONGS
and their CO may require. Herein fail not. but |
nave Jon then and there before SAID court this |
writ. with your return thereon, SLOWING how |
you have execute the same.
Witnsss E. Hsllmsn, Clerk Of the District /
Jourt OF Travis county, in The city OF Austin, |
his the s6th day OF April, A. D. 1850.
Il. . E, HALLXAN
Clerk District Court.
Came to hand April 26th 1880, and ex1 guted |
,ame day by csu-ing this citatisn to be pub-
lined IN the WEEKLY DEMocRATIc SrATEsNAY
newspaper Published In the civ OF Ausifn
lrsyls county, Texa-, for four successive weeks
$50. DENNIS o INV ~ TS!u <O'n'
Sher q Trav County,
apo "4t Fer JEo. p. KIRK, Deputy