The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1909-02-02

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 22d
day of February, A. D., 1909, then
and there to answer a petition filed
in said court on the 22d day of De-
cember, A. D., 1908, in a suit, num-
bered on the docket OF said court
No. 1861, wherein Tom Johnson is
plaintiff and Nicholas Berkeley, T. A.
Howell, F. H. Keith and his wife,
r'anhie L. Keith, and the unknown
heirs of Nicholas Berkeley, T. A.
Howell, F. H. Keith, and his wife,
Fannie l.. Keith, are defendants,
and said petition alleging in sub
stance That plaintiff IS resident
of Ellis county, Texas, and the resi-
dence of each and all Of defendants
and the names of said unknown
heirs of defendants are to plaintiff
unknown, and that the ancestors of
said heirs unknown are now dead;
that plaintiff is the owner in fee
| simple and in actual possession of
| rs ga acres of land out of the Will
| liam Stewart survey. and is the same
tract conveyed to Willis Gray on
October IA, 1881, by T. c. March
| banks (Vol. 81, page IT'S, D. r. e.
| co.., that plaintiff holds title
| through various conveyances from
| the state of Texas, and finally down
/ to himself through ]. G. Cornwell;
| that in deed from Nicholas Berkeley,
f. a. Keith and his wife, Fannie l..
| Keith to one J. D. Templeton, one of
/ the holders in said chain of title, the
/ acknowledgement of said F. Fl.
Keith was taken by Benjamin f.
| Hawkins, who was not competent
! 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. ID. Templeton af-
forwards purchased the right and til
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, 5 and 10 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 20 years. Plaintiff says he has
a pc rfect title In fee simple by said
statutes of limitation, but 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 posses
sion of said land and for costs of
suit and general relief.
Herein fail not, but have before
said court, at its aforesaid next regu-
lar term, this writ, with your return
thereon, showing how you have ex-
ecuted the same.
Witness, AMI 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, I certify.
W. II. FORBES,
Sheriff Ellis County.
BY r. II. Hickman, Deputy. 271