The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1884-08-28
EXHIBIT.
Number of Section. Number OF Certificate

THE STATE OF TEXAS-IN THE DIS
| l. trict court, October Term, A. d. 1884, to
the Sheriff or any Constable of Travis county
| You ARE HEREBY COMMANDED, that
by making publication Of this Citation
T in some newspaper published in the
for four consecutive weeks previous to
the. return day hereof, you summon II. E.
Rlchardson and AshQ Richardson, whose resi-
dence are unknown, to be and appear before
| the District Court, to be holden in and for
the County Of Travis, at the Court House
thereof, IN Austin, on the first Monday in
| October, 1884, file number being 7146, then and
| there to answer the Petition Of the State of
| Texas, filed in said Court, on the 18th day of
| April, A. d. 1884, against the said II. E. Rich
| ardson and Ashu Richardson, and alleging in
substance as follows, tO-wit:
That plaintiff is the owner of seven certain
sections of land, situated and lying in the
County of Dimmitt, in the State of Texas, fully
described in plaintiffs said petition, and
herein set out and attached to this Citation
as part thereof, that said lands are public
lands which have been surveyed and set apart
for the benefit of the common school fund in
the manner directed by law, That on the
thereto, defendants designing and conspiring
to defraud plaintiff, and to Illegal and fraud
ulently acquire for the benefit OF the defend
ant Ashu Richardson the use, possession,
ownership and title to said lands did make
false and fraudulent applications for the pur-
chase thereof, by using the name of defendant
III. Z. Richardson. That by making said false
and fraudulent representations to the office of
the state charged with the sale of its public
school lands, the said lands were taken off the
market and their sale INSTRUCTED. it being be-
lieved by the said officers thai the said Ii. E.
Richardson intended in good faith to become
the actual purchaser thereof. That defend
ant Ashu Richardson had already applied for
and become the purchaser of seven sections
of state school lands, but intending and de-
signing to acquire for his own benefit more
than seven sections of said land, did persuade
and induce his said co-defendant II. E. Rich
ardson to make application for the purchase
of the above described lands, with the under
standing and agreement that he. the said II.
E. Richardson, would not complete the said
purchase but would transfer his right to him,
the said Ashu Richardson. That in truth and
in fact all the requirements as to applications
payments. etc., were made and obtained Tor
the sole use and benefit of defendant Ashu
d1 hoS Ior 'f er use th ana
shielding the said Ashu Richardson In his
fraudulent attempt to acquire for his own use
and benefit more sections eff land than by law
he was entitled to purchase, the said II. E.
Richardson is now claiming fraudulently to be
the BENEFICIARY and owner of all the rights,
titles and interests acquired by virtue of said
pretended purchase and sale, and Is asserting
the right to complete said purchases by pay
ment OF The sums OF money yet unpaid on said
pretended purchase and to have titles to said
lands issued to him by plaintiff. That said
pretended claim is cloud upon the title of
plaintiff to said lands and obStructS the sale
or lease thereof. That all OF said acts are null
defendants, or either of them. Plaintiff prays
for judgment against both defendants, annul- |
ling and declaring void all acts of defendants |
or their agents in and concerning said appli- |
cations to purchase, payments and purchases. |
That all of said pretended purchases and sales |
be declared null and void, and that defendants |
and .ach of them be restrained from asserting |
claims to said lands under said pretended pur-
chase and sale, and that plaintiff be quieted |
in the possession of said lands and all clouds |
be removed from plaintiffs title thereto. |
HEREIN FAIL NOT, but have you then and |
there before said Court this Writ, with your |
return thereon, showing how YOU have exc |
cuted the same.
Witness: JAS. P HART, Clerk Of the Dis
trict Court of Travis county.
- Given under my hand and the seal of
LIS. Ssaid Court, In Austin, on this the 10th I
- day Of July, A. ID. 1884
JAS. HART,
Clerk of District Court, Travis County