The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1909-02-08
CITATION BY PUBLICATION,

The State of Texas. to the Sheriff or
Any Constable of Ellis County,
Greeting:
\ or are hereby commanded 70
summon Nicholas Berkeley, T. A
Howell, f. II. Keith and Fannie L.
Keith, wife of +. II. Keith; and thu
unknown heirs of Nicholas Berkley
T. A. Howell, f. 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 publishe@
in your county, to appear at the neU
regular term of the district court Oh
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 22f
day of February, A. D., 1903, then
and there to answer a petition tile0
in said court on the 22d day OF De
cember, A. D., 1908, in suit, num-
bered on the docket of said court
No. 1861, wherein Tom Johnson Il
plaintiff and Nicholas Berkeley, T. A.
Howell, F. II. Keith and his wife,
f'anhie l.. Keith, and the unknown
heirs of Nicholas Berkeley, T. A.
Howell. f. 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-
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
| 76 "a acres OF land out of the VIII
| liam Stewart survey, and is the same
tract conveyed to Willis Gray Oh
i October IA, 1881, by T. G, March
| banks (Vol. 27, page IT'S, d. r. r.
| Coz, 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,
| r. IA, 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. II.
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 ~
Berkeley executed Bond for Title to
defendant T. A. Howell for land
which included the within mention
ed tract, and said J. d. Templeton az
, forwards purchased the right and IT,
| tie of said T, A. Howell thereto, said
conveyance however, not being re-
corded; that said matters cast IA
cloud upon plaintiffs title to sai1
land, and greatly depreciate TIRE
market value thereof; that plaintiff
claims same through purchase, and
| also by the 3, and 10 year statutes
of limitation, he and vendors before
him holding title, possession, to sa re
| 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 haA
perfect 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
CdtiOH, LOT TeUuofdt VI ClOuu LIO0
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
Yx.sz 80 ~
| Given under my hand and the seal
of said court, at Office in Waxaha-
1 chic, this the 22d day of December,
A. D.. 1908.
AMZI CAROTHERS.
Clerk of the District Court Ellis Co.
/ IL. 81 BY Lem Wray, Deputy.
! A true copy, / certify.
w. II. FORBES,
Sheriff Ellis County.