San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1891-05-15
Citation by Publication.
No. EOG7.
JOHN J. LANG, EFT AL,


MRS. NJ. f. HOWARD, 1T ALL
In the District Court of Bexar County, 37th
The state of Texas to the Sheriff or any
Constable of Bexar COMMUNICATING:
You are hereby commanded to summon
Thomas Todd, Thomas w. Todd, Laura Black,
formerly Todd, widow, Susan " off, former
ly Todd, and her husband, Vernon Wolf, Le-
titia Carter, and her husband John arter,
Charles H. Todd, ID. NJ. Griffith, Lettie Griffith
and her husband Henry c. Watkins, Joshua
T. Griffith, Florence Griffith and her husband
H. A. Miller, Rosa Griffith and her husband
S, S. Watkins, D NJ. Griffith. Jr. Clinton Grifhth
and Mary Griffith, Sarah Hathaway ana her
husband E. II. Hathaway, William Russell,
Charles I. Russell, Letitia Posey and her
husband Judge ,,--Posey. T.; "a. R Ti
deceased; also Rachael StirmaD and her hus-
band W. d. Stirmap, Fanny Lindsay, Ella b:
Goad and her husband J b. Goad, as heirs OF
William B. Wall, by making publication OF this
Citation once in esch week for tour sue
cessive weeks previous TO the return day
hereof. in some newspaper published In your
county, to appear et the next regular Term Oh
the District Court of the 31th Judicial Distr CT,
Bexar County, Texas, to be holden at the
Court House of BeYar county, in the Cityiot
San Antonio, in the State OF Texas, in said
County, on the first Monday in June, 1891, the
same oeing the t1rst day OF said month, then
and there TO answer a petition filed in said
Court on the 30th day of April, 1891. in suit
numbered on the docket OF said Court No.
5OO7, wherein John }. Lang and others are
plaintiffs and Mrs. NJ. f. Howard and others
are defendants. said petition alleging that on
The 18th day OF December 1880, the City Of
San Antonio convey ed by deed to George T.
Howard, Lot or Block No. 43 and Lot or Block
No. AZ, 5th range. being portion of the City
tract lying West of the San Antonio River,
and West of the San Pedro Creek, near the
present City and County Hospital, as per plat
of said lands, the SAID lots Of land being in
the City of San Antonio, County of Bexar and
State of Texas. That on the 18th day of May.
n I'd hv his r. a
day, conveyed for valuable consideration TO
Charles S. Todd, an undivided one-half of said
lots or blocks AZ and 43. among other lots
mentioned in said deed. That afterwards on
the 23rd day of March, 1853, said George I.
Howard and Charles S. Todd made deed of
partition between themselves, in which was
sesS Of Nav the p 5 2d the sae
T. Howard TO Charles S. Todd and by
which said lot or block No. AZ was
decided TO said Howard. but emitting lot or
block No. 4S, and that lot or blccE M. 43 has
never been divided between SAID Todd and
said Howard or their LeIrs. Before the ex-
ecution of said deed of partition between
Chas. 5. Todd and Geo. I. Howard, the said
Chas. 5. Todd, deceased, had sold TO william
B. Wall, deceased, an undivided one-half of
the property acquired by him from said Geo.
T. Howard by deed executed on May l4th,
1856, said deed not being placed on record IN
til long after the deed of partition between
Howard and Todd, by which Howard obtained
lot No. i2. Thereafter George T. Howard
was duly probated in 1866, his surviving wife,
M. F. Howard, was appointed and qualified as
eXecutriX and has continued to act thereun-
der; that by said will she had the income of
all the property of the testator for the sup
port of herself and her children, during her nat
ural life, and further power TO sell and convey
any OF said estate and 10 invest the proceeds
OF said sale In other property, the incomeof
which TO be used as above directed unless the
proceeds should be necessary for the support
OF the said executri x and her children. Said
M. T, Howard, acting under said will as ex-
ecutrix and for herself, on the 3rd day of
February, 1890, by her deed sold TO petitioners
as lot No. AZ the following described property:
A lot or block in the said city of San Antonio,
BeXar county, Texas, bounded on the north
by Morales street, east by FriO street, south
by Hidalgo street, and west by Medina street:
that NJ. F. Howard represented TO petitioners
that the lot so bounded was lot or block No.
AZ, and so stated in her said deed to petitioners
and petitioners so believing purchased the
same as lot No. ~. That there was a mistake
as TO the true and proper number of the OF
of land described, and that the same lie lot or
block No. 43 and not No AZ as represented and
purported 10 be conveyed. That lot No. 43 has
never been partittoned between Geo. i. How
ard and Chas s. Todd, nor between their
heirs, That an undivided one half interest
duly belonged to said George T. Howard,
one-fourth undivided interest each belonging
10 Cnas. S. Todd and VIM B. Wall and there
fore petitioners have acquired title TO only
one half undivided interest in said property
conveyed 10 them by deed from said NJ
2. Howard. That the property con-
veyed TO petitioners was community
SAID Nj. F. Howard, and the other
half of said community property being in the
children of said George I. Howard. That the
title to one half of said property conveyed
has wholly failed petitioners; that SAID NJ.
Howard gave her general warranty of title 10
the whole of said lot or block, in considera
ton of which. petitioners paid her the sum
of $5,0OOOO. That petitioners did not know of
the mistake made in said deed calling lot No
instead of No. 43, until long after they had
paid the purchase price thereof. That said
NJ. F. Howard refuses to return to petitioners
the one half of the purchase money paid by
petitioners, Notwithstanding her title to Pc
titioners 10 one half of said block has wholly
failed. Petitioners pray for partition of said
block No. 43, between the parties to this suit
entitled thereto, for quieting their title to the
portion assigned to them as against the
children of George L. Howard, also for judg-
ment against Mrs. NJ. F. Howard for the pur-
chase money and interest from date of pay
ment by them TO her on that portion of the
said Block No 43 which shall not be assigned
to them on partition.
Herein fail not, but have you before said
Court, at its aforesaid next regular term, this
writ with your return thereon, showing how
you have executed the same.
Witness. Nat. Lewis, Clerk of the 31th Ju-
dicial District Court of Bexar County.
Given under my hand and the seal of said
o. .. Court, ct office in San Antonio, this
r. lsEAL.l the Both day of April. A: D., 1891
NAT. LEWIS,
Clerk District Court Bexar County
By HENRY UMsCHEID, Deputy.
Issued same day.
Came to hand same day issued. and executed
by ordering publication of the within for -four
successive weeks in the San Antonio Daily
LIGHT, a newspaper published IN San An
tonic, Bexar County.
THOS. P. MCCALL,
14wks. Sheriff Bexar County, Texas.
Gorilla Hopes.
PARIS, May 14.-Zorilla, the exilet
Spanish republican leader, declares
that the republicans have already