Palestine daily herald. [volume] (Palestine, Tex.) 1902-1949, 1909-11-06

mdnu6Q 10 summon the nelTS VI y
Kendrick, deceased; the heirs of B
H. and E. Waters, deceased; the
heirs of ]. n. Hogan, deceased; the
heirs of A A. Lepyre, deceased; the
heirs of Ross Morgan, deceased; the
heirs of James Brennan, deceased;
and Griffith & Wedge, 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 29th day of
Nov, A D. 1909, in a suit numbered
on the docket of said court No. S166,
then and there to answer the petition
of g. w. Nash, filed in said court on
the LIST day of October, A. D. 1909
against the heirs of c. Kendrick, de-
ceased; the heirs of B. H. and E.
Waters, deceased; the heirs of ]. N
Hogan, deceased; the heirs of A A
Lepyre, deceased; the heirs of Ross
Morgan, deceased; the heirs of James
Brennan, deceased; and Griffith &
Wedge, and alleging in substance as
follows, to-wit:
That on the LIST day of Sept, 1909,
he was in the lawful possession as
the owner in fee simple of the follow
ing described tract of land, toswit:
All that certain tract or parcel of
land lying in Anderson county, Tex
as. 800 acres of land upon the waters
of Trinity river surveyed and patent
ed by virtue of the presumption GER
tificate issued to S. Crawford by the
county clerk of Anderson county, Tex
as, ON the 26th day of August, 1853,
and which is bounded as follows: Be
ginning at stake ITS YRS. S. sc e.
from H. e. cor. of Chas. Gilmore sur
vey from which hickory bears n.
26 W. Is 10 yrs, black jack brs.
n. rs e. 2 yrs, both marked X; thence
east 904 yrs. to stake from which a
post oak bears n. Is e. yrs. and an
other bears S. 80 W. yrs, both |
marked X; thence s. 1000 yrs. to a |
stake from which post oak brs. n.
% W. yrs, and another S. 28 W. 6
yrs, both marked X; thence west 9O4 |
yrs. to a stake from which post oak
bears IL. W. Is yrs. and also black
jack bears n. AZ W. IL yrs. both
marked x; thence n. 1000 WIS. to the
place of beginning Except acres,
which belongs to w. L. Derden and
others, and occupied as mill site in
the S. W. corner of said 800 acres.)
That afterwards, on the LIST day of
Sept, 1909, the defendants unlawfully
entered upon said tract of land and
the plaintiff therefrom
anf withhold the same, -pIsipt -,
~ lillE,,a u,E[gZs crefsA4-ssfr--cc:ss -
leirs of C. Kendrick, deceased, claim
lnder and by virtue of deed from
he original patentee, Shelby
but any title whatever that
hey had, if any, has long since been
barred by limitations; that the heirs
If j. N. Hogan claim the land, but
~ virtue of what title is unknown to
and whatever title, if any,
hey had has long since been barred
~ limitation; that the heirs of B. H.
md E. Waters, deceased, claim under
md by virtue of a deed from ]. n.
logan, but any title whatever that
hey had or acquired has long since
,een barred by limitation; that the
leirs of A. A. Lepyre, deceased, claim
lnder and by virtue of a deed from
Ashbel Smith, but if any title what
,ver they had the same is barred by
limitations; that the heirs of Ross
Morgan, deceased, claim under and by
rirtue of a deed from J. G. MCGOWAN,
tut whatever title, if any, they ever
lad to said land is also barred by
that the heirs of James
Brennan, deceased, claim under and
" virtue of a deed from E. A Mexia,
tut whatever title, if any, they ever
lad to said land is also and has long
ince been barred by limitation. That
he firm of Griffith & Wedge claim
lnder and by virtue of deed of
rust, which has long since been paid
,ff and discharged, but never released
" said Griffith e Wedge.
That the defendants have not be-
.ome Invested of all title or claim to I
aid land by conveyances thereof
hen plaintiff AYERS that he has ac {
Iuired a good and perfect title to said I
and, which had matured prior to the I
st day of Sept, 1909, under the stat S
ties of limitations of five and ten {
ears, which are here and now spec '
ally plead For plaintiff AYERS that '
lie and those under whom he claims S
lave had peaceable and adverse pos c
ession of the above described tract t
# land under a deed and deeds duly S