Palestine daily herald. [volume] (Palestine, Tex.) 1902-1949, 1909-11-13

quired by law, you are hereby com
manded to summon the heirs of VIM
A. Cook, deceased, the heirs of Nancy
Cook, deceased, the heirs of Danie
Waggoner, deceased, and the heirs OF
Frances Waggoner, deceased, by
making publication of this citation
once in each week for eight success,
sive 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
Anderson county, to be holden at the
court house thereof, in Palestine, on
the fifth Monday in November, A. D.
1909, the same being the 29th day of
November, A D. 1909, in a suit num-
bered on the docket of said court No
S165, then and there to answer the
petition of P. H. Hughes, as executor
of the will of Mrs. NJ. A. Stafford, de-
ceased, and as guardian of the estate
of Seymour Stafford, minor, and Gus
sic May Smullen, formerly Gussie May
Stafford, individually, and as execu-
trix of the will of Mrs. NJ. A. Stat
ford, deceased, and J. D. Smullen,
filed in said court on the list day of
October, A. D. 1909, against L. w.
Huffman, Reese Huffman, Roman
Huffman, Jot Huffman, George Huff
man, Oscar Huffman, Davis Mckenzie,
Mrs. Lucia V. Mckenzie, Chas. L. Nc
Kinzie, Fred J. Mckenzie, Genie Nc
Kenzie, Mrs. Minnie Eubanks, Ebert
Eubanks, Thos. Marion Waller, the
heirs of VIM. A Cook, deceased, the
heirs of Nancy Cook, deceased, the
heirs of Daniel Waggoner, deceased,
and the heirs of Frances Waggoner,
deceased.
Said petition alleging in substance
as follows, to-wit:
That on the 18th day of September,
1909, plaintiffs were in the lawful pos
session, as the owners in fee simple,
Of 1856 and 62-1OO acres of land in
Anderson county, Texas, made up of
the following surveys and parts of
to-wit:
564 and 94-100 acres of the NJ. Sail |
sar league, the VIM A. Cook 800 |
acre survey, the R. R. Powers 800
acre survey, two G. L. Price surveys, |
and the ]. D. Smullen survey.
And plaintiffs specially plead that !
they had acquired title to said 1856
and 62-1OO acres of land under the
statutes of limitations of five and ten
years; that afterwards, ON September
18th, 1909, the defendants unlawfully
entered upon and dispossessed the
plaintiffs of their said tract of land,
and withhold from them the posses
sion thereof; that the defendants, the
heirs of. VIM A. Cook, deceased, and
The heirs of Nancy Cook, deceased,
claim an interest in 800 acres of the
and as the heirs of the patentee, who
4ba=1aaia- Nm -coalz aud-afl
5 wife who was the said Nancy dc
'ok; but plaintiffs aver that all title he
longing to the estates of Vim. A -,
,ok, deceased, and Nancy Cook, de III
ased, was conveyed by the deed of r.,
lncy Cook, as executrix of the will tb
VIM A. Cook, deceased, to C. Fitz- he
raid, of date Oct. 3rd, 1854, and Of
aintiffs have a regular chain of h,
lie to said 800 acres of land through nj
d under the said c. Fitzgerald; that III
e defendants, the heirs of Daniel h,
aggoner, deceased, and the heirs of or
ances Waggoner, deceased, claim ar
interest in about 67 and 24-1OO n
res of the land sued for through III
d under a deed from Geo. W. Tug he
=, to Daniel Waggoner, of date June he
d, 1S49, conveying larger tract, of II,
itch said 81 and 24-100 acres was A,
TT, and that the defendants, the or
irs of Frances Waggoner, claim an Ii,
terest therein under said deed on NJ
count of said Frances Waggoner vi
wing been the wife of the said Dan. h,
Waggoner. But plaintiffs aver he
at the defendants, the heirs of Dan. Ii,
Waggoner, and of Frances Wag- p,
ner, have no interest in the land h,
ed for, because all interest which In
e said Daniel Waggoner and Fran he
S Waggoner may have had in and oi
any portion of said land passed N
lg ago by conveyances and judg- -,
ents, from and binding on the said r.
lniel Waggoner and Frances Wag of
ner, and those holding and repre- h,
nting their estates unto persons
rough and under whom plaintiffs ~
reign their title, and plaintiffs fur 90
er say that they acquired superior III
lie to said land as against the de- or
ldants and all other parties, prior 10
September 18th, 1909, by limita- 1e
ms of five and ten years. ut
Plaintiffs pray for Judgment for the VIC
lie and possession of the land and ia
r general relief. he
Herein fail not, but have before said he
urt, at it's aforesaid next regular co
rm, this writ, with your return of
IL, I,