Palestine daily herald. [volume] (Palestine, Tex.) 1902-1949, 1909-11-20
CITATION.

State of Texas, County of Anderson.
In District Court, November Term
A. D. 1909.
To the Sheriff or any Constable OF
Anderson County-Greeting:
Affidavit having been made as re-
quired by law, you are hereby com
manded to summon the heirs of NJ. H.
Johns, decea0ed; the heirs of ]. B.
Williams, deceased, and the heirs of
R. j. Williams, deceased, 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 Ander-
son county, to be holden at the court
house thereof, in Palestine, on the
fifth Monday in November, A. d.
1909, the same being the 18th day of
November, A D. 1909, in a suit num-
bered on the docket of said court No.
| S161, then and there to answer the
petition of H. P Barton and R. E.,
Rlackerby, filed in said court on the
Goth day of September, A. D. 1909,
against the heirs of NJ H. Johns, de-
ceased, the heirs of J. B. Williams,
deceased, and the heirs of R. J. Will
liams, deceased and alleging in sub
stance as follows, to-wit:
That on the 18th day of September,
1909, plaintiffs were in the lawful
possession, as the owners in fee sim
pie, of 400 acres of the NJ. H. Johns
$40 acre survey of land in Anderson
county, Texas, and plaintiffs specially
plead that they acquired title to said
400 acres of land by limitations of
five and ten years.
That afterwards, on the 18th day of
September, 1909, defendants un&s
-ly entered upon said tract of N4a
and dispossessed the plaintiffs there
of, and withhold from them the pos
session thereof
That the nature of the claim of the
defendants, the heirs of NJ. H. Johns,
deceased, in and to said land and
premises is as heirs of the original
patentee, but plaintiffs aver that the
said patentee during his lifetime sold
and conveyed said land to those un-
der whom plaintiffs claim That the
defendants, the heirs of ]. B. Will
liams, deceased, claim said land
through and under a deed from one
Richard Hooper, but plaintiff overs
that if such deed conveyed any title
unto the said ]. B Williams, that
plaintiffs or those under whom plain
tiffs claim subsequently acquired
same by and through the said J. B.
Williams, or his heirs. That the de-
PENDANTS, the heirs of R. J. Williams,
deceased, claim to own said land by
virtue of a deed from certain persons
claiming to be the heirs of ]. B. Viii
liams, deceased, and that if such deed
conveyed any title unto the said R.
J. Williams, that these plaintiffs sub.
sequently acquired same under a valid
judicial sale and foreclosure of a tax
len, on said land, as against all per-
son owning, or claiming or having
any interest therein, including the
defendants, the heirs of r. ]. Will
hams, deceased, and plaintiffs also
say that such judicial foreclosure of
tax lien and the sale Hereunder pass
ed unto them all the right title and
interest of all the defendants hereto,
+ any they had. and plaintiffs further
say that they have acquired a supa-
rior and perfect title in and to said
land as against the defendants, and
all persons, by and under the statutes
Of limitations.
Plaintiffs pray judgment for the
title and possession of the land and
for general relief.
Herein fail not, but have before
said court, at its aforesaid next reg
ular term, this writ, with your return
thereon, showing how you have exc
cuted the same
Witness, Jno. R. Moore, Clerk of
the District Court of Anderson Co.
Given under my hand and the seal
of said court, at office in Palestine,
this the Both day of September, A. D.
1909.
(SeaD Jno. R. Moore,
Clerk of the District Court of Ander-
son County.