The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1884-09-04
EXHIBIT.
Number of Section. Number of Certificate

THE STATE OF TEXAS-IN THE DIS
Il trict court, October Term. A. ID. 1884, to
the Sheriff or any Constable of Travis county
Greeting:
You ARE HEREBY COMMANDED, that
by making publication OF this Citation
in some newspaper published In the
for four " consecutive weeks previous to
the return day hereof, you summon d. Z.
Richardson and Ashu 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 TAG, 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: Z, 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
herein set out and attached to this Citation
as part thereof, that said lands are public
lands which have been surveyed and set apart
the manner directed by law. That on the
- day of -, 1881, and subsequent days
thereto defendants designing and conspiring
to defraud plaintiff, and to Illegally and fraud
ulently acquire for the benefit of the defend
ant Ashu Richardson the use, posses ion,
ownership and title to said lands: did maze
false and fraudulent applications for the pur-
chase thereof, by using the name OF detendant
III. E. Richardson. That by making SAID talse
and fraudulent representations to the Office of
the state charged with the sale OF its public
school lands, the said lands were taken on tne
market and their sale DISTRACTED, it being be-
lieved by the said officers that the said ii. Z.
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 ana de-
signing to acquire for his own benent more
than seven sections of said land, did persuade
and induce his said co-defendant I'll. E. Rich
ardson to make application for the purchase
of the above described lands, VITA the under
| standing and agreement that he, the said ID:
e, Richardson, would not complete the sad
purchase but would transfer his right TO MIN;
| the said Ashu Richardson. That In truth ana
| in fact all the requirements as to applications,
| payments. etc., were made and obtained tor
| The sole use and benefit Of defendant Ashu
Richardson, and not for the use and benent o.
| H. E. Richardson. That for the purpose OF
| shielding the said Ashu Richardson In his
| fraudulent attempt to acquire Tor his own use
and benefit more sections eff land than by law
| he was entitled to purchase, the SAID ID. T.
Richardson is now claiming fraudulentlyt 70 Dt
the BENEFICIARY and owner OF all the rights
titles and interests acquired by virtue OF salC
pretended purchase and sale, and Is asserting
The right to complete said purchases by pay
ment of The sums of money yet unpaid on SAT-
pretended purchase and to have Titles 70 SAY
pretended claim is a cloud upon the title Q
plaintiff to said lands and 0bStructS Lne SAT-
| or lease thereof. That all OF SAID actS are nul
and VOID, and confer uO rlSuto MuneONSt ~.
defendants, or either of them. Plaintin pray
for Judgment against both defendants, annul
ling and declaring void all acts OF deienoanL
or their agents in and concerning SAID appIl
cations to purchase, payments and purchases
THAT all of said pretended purchases and sale
be declared null and void, and that defend2nt
| and ach of them be restrained from assertln
| claims to said lands under said pretended pun
chase and sale, and that plaintiff be ,quiete
|, in the possession of said lands, and all cloud
| be removed from plaintiffs title thereto.
HEREIN FAIL NOT, but have you then an
there before said Court this Writ, with you
return thereon, showing how you have exi
, cuted the same.
Witness: JAS. P. HART, Clerk OF the Di
, trict Court of Travis county.
| - Given under my hand and the seal .
4 - day Of July, A. ID. 1884.
JAS. P. HART,
Clerk of District Court. Travis County.