The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1884-08-21
EXHIBIT.


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:
You ARE HEREBY COMMANDED, that
by making publication of this Citation
in some newspaper published in the
County of Travis, once in each week
for four consecutive weeks previous to
the return day hereof, you summon ID. T..
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: 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 petltlon, ana
as part thereof, that said lands are pubic
LANDS which have been surveyed and setapart
for the benefit of the common school fund In
the manner directed by law. Ihat on tne
- day of -, 1881, and subsequent days
thereto defendants designing and conspiring
to defraud plaintiff, and to Illegally and fraud
uleutly acquire for the benefit of the defend
ant Ashu Richardson the use, poSSeSsl
ownership and title to said lands: did make
false and fraudulent applications for The pur-
chase thereof, by using the name of defendant
Fl 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 OH the
market and their sale INSTRUCTED. it being be
lieved by the said officers thai the SAID IL. 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 and de-
signing to acquire for his own beneht more
than seven sections of said land, did persuade
and induce his said co=defendant I'll. 4. Rich
ardson to make application for the purchase
of the above described lands, with the under
standing and agreement that he, the SAID h.
(. Richardson, would not complete the sad
purchase but would transfer us right to him,
the said AShu Richardson. That in truth and
in fact all the requirements as TO appncations,
payments, etc. were made and obtained tor
The sole use and benefit of defendant Ashu
Richardson, and not for the use and benefit Of
II. E. Richardson. That for the purpose OF
shielding the said Ashu Richardson in his
fraudulent attempt to acquire for his own use
and benefit more Sections'e eff land than by law
he was entitled to purchase, the said Ell. Z.
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 a cloud upon the title of
plaintiff to said lands and obstructs the sale
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, ann1l-
| 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 tach 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.
| o. Given under my hand and the seal of
| LIS. said Court, In Austin, on this the I0Sb
| - day Of July, A. d. 1884.
| JAS. r HART,
Clerk of Distfics Court, Travis County.