The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1908-12-28
CITATION BY PUBLICATION.

The State of Texas, to the Sheriff or
Any Constable of Ellis County,
Greeting;
You are hereby commanded to
summon Nicholas Berkeley, T. A.
Howell, F. H. Keith and Fannie l..
Keith. wife Of +. H. Keith; and the
unknown heirs of Nicholas Berkeley,
r. A. Howell, +. II. Keith and Fan
ME l.. Keith. his wife, 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., 1909, the same being the 22l
day of February, A. D., 1908, then
and there to answer a petition filed
in said court on the 22d day of De-
cember. A. D., 1908, in a suit, mum
bered on the docket of said court
No 1861, wherein Tom Johnson is
plaintiff and Nicholas Berkeley, T. A.
Howell. f II. Keith and his Wife,
ranllle L. Keith, and the unknown
heirs OF Nicholas Berkeley, T A
Howell. +. II. Keith and his wife,
Fannie l.. Keith are defendants
and said petition alleging in sub
stance That plaintiff is a resident
of Ellis county. Texas, and the resi-
deUce of each and all of defendants
and the names of said unknown
heirs of defendants are to plaintiff
unknown, and that TIE ancestors of
said heirs unknown are now dead;
that plaintiff Is the owner in fee
simple, and in actual possession of
76 "a acres of land out of the Will
liam Stewart survey. and is the same
tract conveyed TO Willis Gray on
October IA, 1891, by T. C. March
banks tVol. 81, page 175, D. r. f.
Coz, that plaintiff holds title
through various conveyances from
the state of Texas, and finally down
to himself through J. G. Cornwell :;
that in deed from Nicholas Berkeley,
Z. H. Keith and his wife. Fannie l..
the holders in said chain of title, the
acknowledgement of said F. H.
Keith was taken by Benjamin F.
1
party to take same, he being at the
time, the agent and attorney in fact
for Nicholas Berkeley, one of the
grantors, thereby said acknowledge
ment was defective; that prior there
to, or December /, 1866, said n.
Berkeley executed Bond for Title to
defendant, T. A Howell for land
which included the within mention
ed tract, and said j. d. Templeton af-
forwards purchased the right and ii
tie of said T. A. Howell thereto, said
conveyance however, not being re-
corded. that said matters cast a
cloud upon plaintiffs title to said
land, and greatly depreciate the
market value thereof; that plaintiff
claims same through purchase. and
also by the 3, and / 0 year statutes
of limitation, he and vendors before
him holding title, possession, to same
actual and visible, being continuous,
peaceable and adverse possession
thereto, using and enjoying same
and paying taxes thereon for more
than 30 years. Plaintiff says he has
a perfect title in fee simple by said
statutes Of limitation, but a cloud is
cast upon his title by reason of said
claims or pretended claims; where
fore he prays for citation by publ
cation, for removal of cloud from
his title that he be Quilted in possess
sion of said land and for costs of
suit and general relief
Herein fail not, but have before
said court, at it's aforesaid next regu-
lar term, this writ, with your return
thereon, showing how you have ex-
ecuted the same
Witness, Amzi Carothers, Clerk of
the District Court of Ellis County.
Given under my hand and the seal
of said court, at office in Waxaha-
chic, this the 22d day of December,
A, D., 1908.
AMI CAROTHERS,
Clerk of the District Court Ellis Co.
IL. 81 BY Lem Wray, Deputy.
A true copy, ] certify.
w. n. FORBES,
Sheriff Ellis County.
BY r. H. Hickman, Deputy. 271