San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1891-05-01
Citation by Publication.
No. 50O7.
NO. DUUl.
JOHN j. LANG, EFT AL,


In the District Court of Bexar County, 37th
Judicial District.
The State of Texas to the Sheriff or any
Constable of Bexar County-Greeting:
You are hereby commanded to summon
Thomas Todd, Thomas W. Todd, Laura Black,
formerly Todd, widow, Susan Wolf. former
ly Todd, and her husband, Vernon Wolf, Le-
titia Carter; and her husband John Carter,
and her husband Henry c. Watkins, Joshua
I. Griffith. Florence Griffith and her husband
H. A: Miller, Rosa Griffith and her husband
S. S. Watkins, D. NJ. Griffith Jr. Clinton Griffith
and Mary Griffith, Sarah Hathaway and her
husband f. II. Hathaway. william Russell.
Charles L: Russell, Letitia Posey and her
husband Judge -1Posey,. R.; Ed Russell
and Russell Hall, as heirs of Chas. s. Todd,
deceased also Rachael Stirman and her hus-
band W. d. Stirman, 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 each week for four sue
cessive weeks previous to the return day
hereof, in some newspaper published in your
county, to appear at the next regular term of
the District Court of the 31th Judicial District.
Bexar County, Texas, to be holden at the
Court House of Bexar county, in the City of
San Antonio. in the State of Texas in said
County, on the first Monday in June, 1891 the
and there to answer petition filed in said
Court on the S0th day of April, 1891, in suit
numbered on the docket of said Court No.
500T, wherein John J. Lang and others are
plaintiffs and Mrs. NJ. f, howard and others
are defendants, said petition alleging that on
The 18th day of December, 1850. the City of
San Antonio convey ed by deed to George T.
Howard Lot or Block No. AZ and Lot or Block
No. ~, 9Th range, being portion of the City
tract lying West of the San Antonio River,
and West of the San Pedro Greek, 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.
1854. George c. Howard, by his deed Of that
l.,- yal for l11ah 81
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 Marcn' 1879, said George T.
partition between themselves, in which was
included all the property of the said
deed of May 18th, 1854, from George
which said lot or block No. IL was
decided to said Howard, but emitting lot or
block No. 43, and hat lot or block No. 43 has
never been divided between said TODD and
said Howard or their heirs. Before the ex.
ecution of said deed of partition between
Chas. S. Todd and Geo. Il. Howard, the said
Chas. :. Todd, deceased, had sold to William
b. Wall, deceased, an undivided one-half of
the property acquired by him from said Geo.
Il. Howard by deed executed on May 18th,
1856, said deed not being placed on record I'M
til long after the deed of partition between
Howard and Todd, by which Howard obtained
lot No. AZ. Thereafter George L. Howard
died, and by his lest will and testament which
was duly probatcd in 1866 his surviving wife,
NJ. +. Howard, was appointed and qualified as
der; that by said will she had the income of
all the property of the teststor 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 TO invest the proceeds
of said sale in other property, the income of
which TO be used as above directed unless the
proceeds should be necessary for the support
of the said executriX and her children. Said
NJ. F, 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. +. 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. AZ. That there was a mistake
as to the true and proper number of the lot
of land described, and that the same is lot or
block No. 4} and not No AZ as represented and
purported 10 be conveyed. That lot No. 43has
never been partitioned between Geo. /. How
ard and Chas 5. Todd, nor between their
heirs. That an undivided one-half interest
duly belonged to said George T. Howard, a
to Chas. S. Todd and VIM b. Wall and there
fore petitioners have acquired title to only a
one half undivided interest in said property
conveyed to them by deed from said NJ.
veyed to petitioners was community
property title to one-half being in
SAID NJ. +. Howard, and the other
half of said community property being in the
children of said George 7. 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 to
the whole of said lot or block, in considera-
ton of which, petitioners paid her the sum
of S5,00000 That petitioners did not know of
the mistake made in said deed calling lot No.
AZ instead of No. 43, until long after they had
VI. +. Howard refuses to return to petitioners
the one half of the purchase money paid by
petitioners, Notwithstanding her title to pc
titioners to one half of said block has wholly 1
failed. Petitioners pray for partition of said
block No. 43, between the parties to this suit
portion assigned to them as against the
children of George L. Howard, also for judg- |
ment against Mrs. NJ. +. Howard for the pur- /
chase money and interest from date OF pay I
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 youNbefore 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 37th Ju- |
dicial District Court OF Bexar County.
Given under my hand aud the seal of said
Court, at office in San Antonio, this
lsEAL.l the 30th 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 I
by ordering publication of the within for four
successive weeks in the San Antonio Daily
LIGHT, newspaper published IN San An
'onio' neASr O'un'y' Tuos d uoC.r