The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1884-09-11
EXHIBIT.
Number of Section. Number of Certificate

THE STATE OF TEXAS-IN THE DIS
i trict court, October Term, A. d. 1884, to
the Sheriff or any Constable OF Travis county
Greeting:
by making publication OF this Citation
in some newspaper published in the
County OF Travis: once in each week
the return day hereof, you summon II. L.
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 81: 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 petltl0n, ana
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 ana TO lIegafy ana d dfaud
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
II. E. Richardson. That by making said false
and fraudulent representations to the ONCE OF
the state charged with the sale OF its public
school lands the said lands were.taken off the
market and their sale INSTRUCTED. 1t being be-
lieved by The said officers that the said ID. e.
Richardson intended in good faith TO become
the actual purchaser thereof. That defend
ant Ashu Richardson had already applied Tor
and become the purchaser OF seven sections
of state school lands, but intending and de-
signing to acquire for his own beneht 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 ID:
| Z. Richardson, would not complete the SAID
! purchase but would transfer his right 70 MN,
| the said AShu Richardson. That In truth ana
| in fact all the requirements as TO appncatlons,
| payments, ETC., were made and obtained tor
| The sole use and benefit OF defendant Asnu
| Richardson, and not for the use and DenenI OF
| H. e. Richardson. That for the purpose OF
| shielding the said Ashu Richardson in his
fraudulent attempt to acquire for ms own use
! ana benefit more sections eff land than by law
| he was entitled to purchase, the salq ID. =.
Richardson is now claiming fraudulently 70 pc
/ the BENEFICIARY and owner OF all the rights;
/ titles and interests acquired by virtue OF sald
pretended purchase and sale, and Is asserting
1 the right to complete said purchases by pay,
ment of The sums of money yet unpaid on SAID
| pretended purchase and TO have titles 10 Saio
| lands issued TO him by plaintiff. That SAID
! pretended claim is a cloud upon the Tile OF
plaintiff to said lands and obstructs the SAFE
or lease thereof. That all of said acts are null
and void and confer no rights whatever upon
defendants. or either of them. Plaintiff prays
for Judgment against both defendants, annul-
i ling and declaring void all acts OF Defendants
| or fheir 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 each Of them be restrained from asserting
claims to said lands under said pretended pur-
chase and sale, and that plaintiff be quoted
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
Witness: JAS. p HART, Clerk Of the Dis
trict Court of Travis county.
(--l Given under my hand and the seal o.
! LIS Ssaid Court, in Austin. on this the 10Th
JAS. p HART,
Clerk of District Court. Travis County.