The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1905-12-29
Citation by Publication.

me 0lA1E VI 10 the
Sheriff or any constable of Ellis
County; Greeting:
You are hereby commanded to
summon Theodore Phillips, Nancy
Phillips, Jane Horton, James Horton.
Susan Rawls. William Rawls, Marga-
ret Rawls, jefferson Rawls. Nimrod
Phillips, Jr.. Hannah Powers and
Isaac Powers, and the unknown heirs
of said parties. and the unknown
heirs of Nimrod Phillips, by making
publication of this Citation once in
each week for eight successive weeks
previous TO the return day hereof, in
some newspaper published in your
county, 10 appear at the next regular
term of the District Court of Ellis
County. to be holden at the Court
House thereof, in Waxahachie, ON
the fourth Monday in February. A.
D.. 1906, the same being the Goth
day of February. A. ID. 1906, then
and there to answer a petition filed
in said court on the 27th day of De
cember, A. d. 1905. in a suit. num-
bered on the docket of said Court
No. 69T4. wherein J. T.. Ferguson is
plaintiff, and the unknown heirs of
Nimrod Phillips. deceased and the
unknown heirs at law of said Nimrod
Phillips. deceased, 10 wit: Theodore
Phillips. Nancy Phillips. Jane Phil
lips. who married James Horton,
Susan Phillips. who married William
Rawls, Margaret Phillips, who mar
ried Jefferson Rawls. Nimrod Phil
lips. Jr,, and Hannah Phillips, who
married Isaac Powers. and defend
ants. and said petition alleging in
substance.
Suit TO remove cloud from tisle
to the south half of the Asa Newton
lG0 acre survey in Ellis county. Tex
as. Plaintiff says thai the said 100
acres of land was owned by NimTod
Phillips and his wife, Louisa Phil
lips. as community property; that af-
ter the death of Nimrod Phillips his
said widow and his son, Nimrod Phil
lips. Jr.. administered upon the estate
but omitted to inventory said 100
acre tract: that on Sept. 26. 1874.
after the death OF said Nimrod Phil
lips. his said widow, Louisa Phillips,
at the time a feme sole, conveyed the
south half of said 100 acre survey 10
]. w. Burks; that at the time OF
such conveyance there had been no
partition of said $50 acres as be
tween the widow and her children.
and she had no power 10 convey other
than an undivided interest in said
survey. But plaintiff says that he
is now seized and possessed of the
south half of said 100 acre survey.
holding same under a regular chain
of title evidenced BY deeds duly re-
corded. under said j. W. Burks. and
that plaintiff and his vendors have
had actual. peaceable. and adverse
possession OF said south half of said
Asa Newton Ice acre survey of land,
cultiyating. using and enjoying the
same and paying taxes thereon for
more than ten years prior 20 The in
stitution of this suit, and that plain
tiff Is now the owner of said south
half OF said survey but plaintiff
says that the children OF said Nlmrod
Phillips aud Louisa Phillips. $40 far
as tEe IFsurd RS concerned. never cpn
viewed their interest In the same. and
that the omission to do $50 casts %
cloud uuuu plaintiff title Go said
south haif of said Asa Newton 100
acre survey. and he prays that the
same ha removed, and tbRt his title
he established and cleared 20 fae
Hud for general RELIEF
heleln Cal} n5t. H.. aaNg before
a.d court. at ltF d,oEtalid NEXT roEg
Tar term. tais writ, With Eour N..uru
herc1n. hoNiuE bov Eu have .Nr
cuicd the same
Min Iu4a Ua au. CstIA ~
the OsstFia Court 90 Eills County
gisea madsr MY Hszd NA 9he zeal
ni wld asuFt. st alfita W
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