The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1906-01-12
Citation by Publication.


THE STATE OF TEXAS-To 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 RawIs, 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 1T the Court
House thereof, in Waxahachie, on
the fourth Monday in February. A.
d. 1905, the same being the 26th
day of February, A. d. 1906. her
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. 1914, wherein ]. f. Ferguson is
plaintiff, and the unknown heirs of
4>ihlIou uillipS, utttdStu dLlH llt
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:
Shit 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 \imrod Phillips mis-
said widow and his son Nimrod Phil
lips, JT.. 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 q feme sole. conveyed the
south half of said l60 acre survey tc
j. w. Burks. that at the time oi
such conveyance there had been NJ
partition of said $50 acres as be
tween the widow and her children
and she had no power TO convey othel
, than an undivided interest in sale
survey. But plaintiff says that h.
( IL now seized and possessed OF tn
south half OF said 100 acre survey
4 holding same under a regular chair
! of title evidenced by deeds duly re-
q corded. under said J. W Burks. ant
that plaintiff and his vendors hay
l. had actual. peaceahle. and advers,
/, possession of said south half of sat
a Asa Newton 100 acre survey of land
cu%itisatinE. using and enjoying N
a. same n paying lakes thereon fo
more than ten years prior to the In
= stituiion of this suit. and that plain
tift is now the owner of said scut
"a half OF said survey but plaintiff
SAYS that the children Of said Nimro
frtllipS and Louisa Phillips. bal IA
. a. Ua terurh ~ concerned. newer cot
viewed 'hp}r interest in me same. Al
that the omission tu de- 81 casts
cloud Hpun plaintiff title t0 sal
NnHfh half 90 said Aa Nnwton "a
acre survey. and he pray that "a
Same uv removed. Il y "a Nt. ff'
De established and cleared ts n
same and Tor general relief
Herein fsiI not bat have urtol
said roaFf. az lie aforesaid next req
Jar term. this Nrit. with F0ar retaF
thereon. showing how sou have e.
Fufad fAa sane.
Witness Tom HHrieson. CleFK
che District Court af Ellis Count
Given unaer ms hand and the ss
- said ruHFf. at oGlne tn Wax
hashie fhis M ssh dav - neceu
Der. a b 1895
tssalf TOM 81 RLsEsON.
Gers 30 The nissrfct rear. vi
County
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