The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1909-02-02
CITATION BY PUBLICATION.
The State of Texas, to the Sheriff or
Any Constable of Ellis County,
Greeting.

ANY SOASldblC vi Souhty,
Greeting:
You are hereby commanded to
summon unknown heirs of Nathan
a. NJ. Newsom, 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 Ellis county, to be holden
at the court house thereof, in Waxa-
hachie on the fourth Monday in Feb
| ruary, 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 December A. D., 1908,
| III a suit, numbered on the docket of
said court No. 1860, wherein j. H.
| Gregory is plaintiff, and unknown
heirs of N. M. Newsom, deceased. are
defendants, and said petition alleg-
/ ing in substance: That plaintiff is a
resident OF Ellis county. Texas, and
the names and residence OF defend
/ ants, or any Of them is unknown to
| plaintiff, that Nathan M. Newsom is
now dead; that plaintiff is in posses
SIGN of and is entitled to the pos
session of and holds and derraigns
by regular chain of title the owner
ship in fee simple to the following
tract of land situated in Ellis coun-
| iy. Texas, being part of the $40
ace survey granted and patented to
| the heirs Of said Nathan M New
som, deceased, by the State of Tex
as, August IT, 1861, Patent No. 101,
Volume IS, Abs. No. sol; being
1877 1-2 acres of land, being the
same tract described in deed from
T. j. Cole and wife to Field Patter-
| son, dated Nov, 6. 1901, as recorded
Vol. 1870, page 542, Deed Records,
Ellis County, Texas; that said land
has come down through chain of
successive transfers and conveyances
from the State of Texas, through the
sail Nathan NJ Newsom, as original
Eatentee: but in transfer by admin
istrator T. G. Rogers to Jas. P.
Nash, under whom plaintiff claims
the record fails to show that the
said instrument was duly acknowld-
leged; but the court duly ordered the
sale of certificate. and thereafter
approved same; that sail failure
apparently casts a cloud upon plain
| Ill tIllG W Sulu IdHd that
plaintiff and those under whom he
adverse. actual, and hostile posses
sion of said land for more than rs
years previous to the filing Of this
suit, by the which they claim fee
simple title under the statutes OF 8
and ten year limitations, they u.s.
ing, enjoying, and paying taxes
! -,;< irfr rhnH In
said possession; that said cloud SO
apparently cast upon plaintiffs title
greatly diminshes the value of said
property to plaintiffs detriment.
Plaintiff prays for citation by publ
cation, for removal OF said cloud
upon final hearing by reason of said
claims or pretended claims, that
plaintiff be Quilted in his possession
Of said land, and that all right, title
claim or interest be Invested out OF
said defendants and each OF them
and vested in plaintiff, and for costs
and any other relief to which he
may show himself entitled in law OF
in equity.
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 sea-
of said court, at Office in Waxaha'
chic. this the 22d day of December
A. D., 1908.
AMI CAROTHEhS,
Clerk of the District Court Ellis Co
IL. S. BY Lem Wray, Deputy
A true copy, I certify.
w. II. FORBES,
| Sheriff Ellis County
BY II. H. Hickman, Deputy. 271