San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1891-05-08
Citation by Publication,
No. 5007.
JOHN J. LANG, EFT AL,

W,
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, u widow, Susan W. off, former
ly Todd, and her husband, Vernon Wolf, Le-
titia Carter and her husband John Larter,
Charles H. Todd, ID. NJ. Griffith, Lettie Griffith
and her husband Henry c. Watkins, Joshua
T. Griffith, Florence Griffith and her husband
II. A. Miller, Rosa Griffith and her husband
S. 5. Watkins d. NJ. Griffith Jr. Clinton Griffith
and Mary Griffith, Sarah Hathaway and her
husband Z. II. Hathaway, william Russell,
Charles I: Russell, Letitia Posey and her
and Russell Hail. as heirs of Chas. S. Todd,
deceased: also Rachael Stirman and her hus-
band W. D. StirmsD, Fanny Lindsay, Ella b.
Goa and her husband ]. b. Goad, as heirs of
William B. Wall, by making publication ofthis
Citation once in each week for four sue
cessive weeks previous TO the return day
hereof, in some ne wspaper published in your
county, TO appear at the next regular term OF
the Dis Urict Court of the 3ith Judicial Distr ct,
BeXar County, Texas, to be holden at the
Court House of BeNar county, in the City OF
San Antonio, in the State of Texas, in said
County, on the first Monday in June, 1891, the
same being the first day of said month, then
aud there 10 answer a petition filed in said
Court on the SOth day of April, lS9l, in suit
numbered on the docket of said Court No.
5D7, wherein John j. Lang and others are
plaintiffs and Mrs. NJ. F. Boward and others
are defendants, said petition alleging that on
y "
San Antonio convey ed by deed to George T.
Howard, Lot or Block No. 43 and Lot or Block
No. II, 9Th 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 BeSar and
State of Texas. That on the 18th day of May,
1854, George c. Howard, by his deed Of that
day conveyed for valuable consideration TO
Charles S. Todd an undivided Oue-halt OF said
1,sR
mentioned in said deed. That afterwards on
the BIRD day of March, 1859, said George T.
Howard and Charles 5. Todd made deed of
partition between themselves, in which was
included all the property of the said
deed of May Eth, 1854, from George
#: Howard 10 Charles 5. Todd and by
which said lot or block No. AZ was
decided to said Howard, but emitting lot or
block No. 43, and that lot or block N 43 has
never been divided between SAID .odd and
said Howard or THEW lrIs. Before the eX
ecution of said DECD vi partition between
Chas. s. Todd and Geo. T. Howard the said
Chas. ). Todd. deceased, had sold to William
B. Wall, deceased, an undivided one-halt 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. AZ. Thereafter George L. Howard
died and by his lest will and testament which
was duly prObatcd i'll 1866, his surviving wife,
NJ. F. Howard, was appointed and qualified as
eNecutrl& ana mas continued TO act tlereQn-
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 to invest q he 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
\ 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.
A. and so stated in her SAID deed to petitioners
q and petitioners so believing purchased the
same as lot No. ~. That there was mistake
as to the true and proper number of the To-:
of land described and that the same is lot or
block No. 43 and not No AZ as represented and
purported 10 be conveyed. That lot No. 43has
never been partitioned between Geo. i. How
ard and Chas s. Todd, nor between their
heirs. That an undivided one. half interest
duly belonged to said George 7. Howard, u
one-fOurth undivided interest each belonging
to Chas. S. Todd and VIM b. Wall and there
fore petitioners nave acquired title to only q
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 L. 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 "a
the whole of said lot or bic ok, in conside-a
ton of which, petitioners paid her the sum
of 100000. 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
paid the purchase price thereof. That said
NJ. +. Howard refuses to return to petitioners
the one half of the purchase money paid by
petitioners, Notwithstanding her title TO pc
titiOneTs to one half of said block has wholly
failed. Petit Oners pray for partition of sale
block No. -, between the parties TO this suit
entitled thereto, for quietng their title TO the
norton assigned to them as against tho
children of George T. Howard also for iudg
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 til,
said Block No 43 which shall not be assignee
10 them on partition
Herein taA not; but have you before sal,
Court, at its aforesaid next regular term, thit
writ with your return thereon, showing how
you have execute d the same.
Witness, Nat. Lewis, Clerk of the 9th .Ju
dicial District Court of Bexar County.
Given under my hand and the seal of saiC
Court. at office in San Antonio, thi
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 execute
by ordering publication of the within for fou
successive weeks i'm the San Antonio Dali
LIGHT. a newspaper published IN San Al
TONIC BeHar County T9os p MCCALL
IA wks. Sheriff BeXar County, Texas.