The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1906-02-16


THE STATE OF TExAS~-To the
Sheriff or any constable of Ellis
County, Greeting
You are hereby commanded 10
summon Theodore Phillips, Nancy
Phillips. Jane Horton. James Horton,
susan Rawis. William Ra~la. Aasga-
ret Rawla. Jefferson Rawls. Simrod
Phillips, Jr.. Hannah Powers aud
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, TO appear at the next regular
term of the District Court of Ellis
County, TO be holden at the Court
House thereof. In Waxahacbie, on
the fourth Monday In February, A.
y. 300. the same being the goth
day OF February, A. -. 1905. 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. 6974. wherein J. f. Ferguson Is
plaintiff. and the unknown heirs OF
Nimrod Phillips, deceased and the
unknown heirs at law of said Nimrod
Phillips, deceased, to 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 title
to the south half of the Asa Newton
100 acre survey in Ellis county, Tex
as. Plaintiff says that the said 100
acres of land was owned by Nimrod
Phillips and his wife, Louisa Phil
lips, as community property; that at
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 160
acre tract; that on Sept. %, 1874.
after the death of said Nimrod Phil
lips, his said widow, Louisa Phillips,
at the time feme sole, conveyed the
south half of said 100 acre survey to
J. w. Burks: that at the time of
such conveyance there had been no
partition of said 100 acres as be-
tween the widow and her children,
and she had no power to 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 $50 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 100 acre survey of land,
! cultivating, using and enjoying the
same and paying taxes thereon for
more than ten years prior to 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 Nimrot
Phillips and Louisa Phillips, so ia,
as the record is concerned, never con
veyed their interest in the same. AM
that the omission to do SO casts
cloud upon plaintiffs title to sal
south half of said Asa Newton 16
acre survey, and he prays that tn
Sd ne DC TtLHcNCd, dhu IAdI III
be established and cleared to thu
same, and for general relief.
Herein fail not, but have before
| said court. at its aforesaid next regu-
lar term, this writ, with your return
( thereon, showing how you have exc
cuted the same.
Witness, Tom Burleson, Clerk of
the District Court of Ellis County.
| Given under my hand and the seal
of said court, at office in Waxa-
hachie, this the 29th day of Deem
Der, A. d. 1905.
(SeaD TOM BURLESON,
Clerk Of the District Court, Ellis
County.
BY E. p. Kemble, Deputy. 70