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


THE STATE Of TExAa--Ta The
1 Sheriff or any cua4iable Of Eslss
/ Cuanty. Greeting
You are. hereby commanded 10
summon Theodore Phillips. Nancy
Phillips. Jane tii,r;sa. 1=mss Horton.
Susan nawIs. william Rawls, Marga-
ret nawiB. Jefferson Hawls, Simfof
| Phillips. IT.. Hannah Powers aud
1 isaac Powers. and the unknown heiFN
of said parties. Hnd the unknown
( heirg ~ Nimrud Phillips. by making
publication 81 this Citation once III
each @eek Tor eight successive weeks
ores Eous go the return day hereof. In
some newspaper published In yoar
county 10 appear ~ the naN; regular
term uf the District Court Of Eiiia
County to he holden at the Court
/ House thereof, tn Wgxahsrbse. on
/ ih@ fourth Monday In February. a
| u 1900. the same being the 2gth
( Aav Of February, A. y. 1906. then
and there TO answer a netitioa filed
( In said court on the 21th day Of De
cemhef. A. ID. 1905, Ia SUIT. mum
| bered on the docket Of said Court
| No. G97s, wherein J r. Ferguson II
| plaintiff, and the unknown heirs Of
| Nimrod Phillips, deceased and the
unknown heirs AZ 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
| 1e0 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
/
partition OF said 160 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 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 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 Nimrod
Philips and Louisa Phillips, SO far
S as the record is concerned, never con-
n veyed their interest in the same, ant
t that the omission to do so casts {
S cloud upon plaintiffs title to sai'
l. south half of said Asa Newton 16
4, acre survey, and he prays that tn
i same be removed, and that his It'll
l. be established and cleared to th
Il same, and for general relief.
8 Herein fail not, but have befor
said court, at Its aforesaid next regu
e 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 2Sth day of Deem
Der, A. ID. 1905
| (SeaD TOM BURLESON,
Clerk Of the District Court, Ellis
County.
BY E. p. Kemble, Deputy, 70