Palestine daily herald. [volume] (Palestine, Tex.) 1902-1949, 1906-04-18

and by Jos. f. Campbell as agent anC
attorney in fact for H. S. Dexter e.
al to W. F. Scott, by deed of date
Jany. LIST, 1876, and recorded in Vol
o, on pages 1923, 324 and 325 of the
Records of Deeds of Freestone coun
ty Texas, to which reference is
made for a full and complete descrip
ton.
9th tract: 315 acres of land, a part
Of the Simon Sanches 6 league grant
situated in Freestone county, Texas
and being the same land conveyed
by n. w. Hunter as agent and attor.
ney in fact for Thos. H. Watts, Eliza
Allen ct al, and Jos. F. Campbell,
agent and attorney in fact for H. S.
Dexter ct al, to w. F. Scott, by deed
of date July 2Srd, 1874, and recorded
in Vol. o, pages 321 and 322 Deed
Records of Freestone county, Texas,
to which reference is made for a full
and complete description
All of said tracts of lands being
fully described by metes and bounds
in plaintiffs original petition.
That Mrs. P. L. Scott left surviv-
ing her as her sole heirs the plaintiff,
Marguerite Hall, Birdie Pearce, Viii
lie Flemming, Mark F. Scott and ].
Scott Latham, Bert Latham and Earl
Latham, surviving children of Minnie
E. Latham, deceased; that there has
been no administration granted upon
the estate of said Mrs P. L. Scott,
and no partition Of said land has been
made among her heirs; that plaintiff
is owner Of an undivided one-ffth in
terest in tle land above described as
tenant in common; that Marguerite
Hall and Birdie Pearce are each own
ers, as tenants in common, of an
equal undivided Is part Of said land
and premises; that Mark F. Scott and
Willie Flemming are each owners, as
tenants in common, of an equal I'M
divided one-tenth part of said land
and premises, and ]. Scott Latham,
Bert Latham and Earl Latham are
owners jointly in fee simple, as ten
ants in common, Of an equal undi-
vided one-fifth part; that heretofore,
to-wit, on March 22nd, 1904, and on
divers days before that time, plain
tiff, at the special instance of the
said Mrs. p. L. Scott, who was then
alive, furnished to her goods, wares
and merchandise, an itemized state
ment of which is annexed to plain
tiff's original petition, which said
sum amounts in the aggregate to
s915.52, and in consideration thereof
the said Mrs. p. L. Scott promised to
pay to plaintiff on demand so much
money as the said goods and mer-
chandise were reasonably worth;
that same was at the time Of the sale
and delivery thereof reasonably
worth the sum of money charged
therefor in said account: that it was
agreed by and between the plaintiff
and Mrs. p. J.. Scott that plaintiff
should have and hold lien upon the
west half of the tract OF land second
above described, and all improve.
ments thereon, to secure the pay
ment of said sum of money specified
in said account; that Mrs. p. l..
Scott died on May 10Th, 1905, with
out having paid plaintiff said sum Of
except as shown by the cred
its Endorsed upon said account, that
there is now due on said account the
sum OF s60G.S7: that the same is now
a debt due and owing by the estate
Of said Mrs p. /. Scott to this plain
tiff, and at her death the same be |
came and is now a charge upon all |
the lands above described; that there
is no other Indebtedness against said |
and no necessity exists FOR |
on same. Plainun |
Drays for Judgment for his debt, in |
.erest and cost for the foreclOsing of |
his lien, and for sale OF so much Of 1
said property as may be necessary to |
pay his debt, and for partition and /
liysion Of said land and premises re- |
if any, after the sale and |
payment of his debt and cost Of |
Court; for the appointment Of com
nissioners Of partition and divide
said land, and for possession OF that
portion Of said land that may be as.
,ertained and declared to be prop
srty of plaintiff and for cost, for gen.