The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1906-02-10

SRCrlll OF any constable OF EtllS
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. to 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 26th
| day of February. A D. 1906, then
and there 10 answer a petition filed
! in said court on the 27th day of De-
| cember, A u. 1905, in suit num-
| bered on the docket OF said Court
/ No. GOA, wherein J. +. 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
r1ed 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 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. &c, 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 1G0 acre survey to
| J. W. Burks. that at the time of
! such conveyance there had been no
partition of said so 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 1850 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 paving 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 Nimrod
! fklllips and Louisa Phillips. so far
as TIE 1,yord is concerned. never CON
| yayed thcir interest i'm the same, aud
that the omission 10 do So casts "a
cloud upun plaintiffs title 20 said
south half OF said Asa Newton 100
acre survey and he pgays that The
same be removed, and thar his utl,
be- established and cleared tn n.
same. and for genera, relief
Herein Mil NOT but have bsior.
said court at iu aforesaid ugVt ceru-
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