Palestine daily herald. [volume] (Palestine, Tex.) 1902-1949, 1909-02-27

ny making puDllcatlOn OF this citation
once in each week for eight success
siye weeks previous to the return day
hereof, in some newspaper published
in your county, if there be a news
paper published therein. but if not
then in any newspaper published in
the Third Judicial District; but ii
thefe be no newspaper published in
said Judicial District, then in a news,
paper published in the nearest district
to said Third Judicial District, to ap-
pear at the next regular term of the
District Court of Anderson county, to
be holden at the court house thereof,
in Palestine, on the 4th Monday in
April, A. d. 1909, the same being the
18th day of April, A D. 1909, then and
there to answer a petition filed in
said court on the 9th day of Febru-
aryi A. D. 1909, in suit numbered on
the docket of said court No. S051,
wherein VIM Douglass is plaintiff and
the unknown heirs of A ]. Burke, de-
ceased, the unknown heirs of E. H.
Cushing. deceased, E. F. Ezell and
John Beard, and the unknown heirs of
E. F. Ezell and John Beard are de-
PENDANTS, and said petition alleging:
That plaintiff is the owner in fee
simple of the following described
tract of land situated in Anderson
county, Texas, and being all that GER
tain tract or parcel of land on the
waters. of Wells Greek, tributary of
the .Neches river, and being part of
the G. V. Lusk survey in said county
and state: Beginning at rock for s
e. corner from which pine 16 in.
in dia. brs. S. 81 1-2 degrees W. 16
2-10 vrs., marked X, and a hickory ~
in. in dia. brs. n. 33 degrees e. II 2-10
varas, marked X thence W. 494 varas
to a stake from which black oak 6
in. in dia. brs. due W. varas, marked
x, another 10 in. in dia. brs. S. 25
degrees e. 4 40 varas, marked X;
thence n. 919\ varas to Wells Creek;
thence e. down said creek for line
949 varas;; thence S. 919 varas to the
place of beginning, containing SO
22-100 acres; that plaintiff claims
title under the following instruments
recorded in the deed records of An
derson county, Texas, to-wit: Patent
from the state of Texas to A. j. Burke.
assignee of G. V. Lusk; deed from A.
J. Burke to Logan Blaylock; deed
from L. Blaylock and wife to A. R.
Todd; deed from A. R. Todd to VIM.
Douglass. Said petition further alleg-
ing that the defendants, the unknown
heir3 of A. J. Burke, claimed an inter-
"a said land above described by
- of vendors lien note for the
of SEE described in deed from
~ % LogaE Blaylock, of
date Sept 14th, 1868; that said note
has long since been paid, but the rec
ords do not show a release thereof,
and this suit is brought to remove
said cloud on plaintiffs title.
Said petition further alleging that.
on April 30th, 1872, E. H. Cushing,
claiming to be the owner of the above
described note, recovered judgment
in the district court of Anderson coun
ty, Texas, for the amount thereof,
with foreclosure of his lien upon a
tract of land upon which the above
described tract is part; that said
Judgment has long since been paid off
and satisfied, but the records do moi
show such release, and this action is
brought to remove said cloud
Said petition further alleging that
On the 22nd day of March. 1875, A. R.
Todd executed a deed of trust or
mortgage upon tract of land, OF
which the part herein described is a
part, to secure the payment of a note
or the sum of $4,000, and due Dec.
18th, 1875; that said note has long
since been paid, but the records of
Anderson county do not disclose such
'elease, and this suit is brought to re-
move the cloud from plaintiffs title.
Said petition praying judgment for
he title and possession of the land
.bove described that the cloud on
Plaintiffs title be removed, and for |
general and special relief.
Herein fail not, but have before said |
'ourt, at its aforesaid next regular |
ERIN, this writ, with your return
hereon, showing how you have exc
uted the same.
Witness, John R. Moore, Clerk of
he District Court of Anderson county.
Given under my hand and the seal
# said court, at office in Palestine,
his the 9th day of February, A D.
9O9.
(SeaD Jno. r. Moore,
Jerk of the District Court of Ander-
son County. 2-27-Std |