Palestine daily herald. [volume] (Palestine, Tex.) 1902-1949, 1909-11-13

manded to summon the heirs of {
Kendrick, deceased; the heirs of E
H. and E. Waters, deceased; tn
heirs of ]. n. Hogan, deceased; tn
! heirs Of A. A. Lepyre, deceased; tn
heirs of Ross Morgan, deceased; tn
heirs of James Brennan, deceased
and Griffith & Wedge, by makinl
publication of this citation once il
each week for eight successive weeks
previous to the return day hereof, il
some newspaper published in YOU
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 10Th day OF
Nov, A D. 1909, in a suit numbered
on the docket of said court No. 1856
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, to-wit:
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 a stake 1175 yrs. S. 66 e.
from n e. cor. of Chas. Gilmore sur
vey from which a hickory bears n
26 W. Is 10 YRS, black jack .brs.
n. rs e. 2 yrs, both marked x; thence
east 904 yrs to a stake from which
post oak bears n. Is e. yrs. and an
other bears S. 80 W. yrs, both
marked X; thence s. 1000 vrs.J to a
stake from which a post oak brs n
25 W. yrs, and another S. % W. 81
yrs, both marked x; thence west 9O4
yrs. to a stake from which a post oak
bears IL. W. 10 YRS. and also a black
jack bears n. AZ w IL yrs. both
marked X; thence II. 1000 yrs. to the
place of beginning Except 8 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 1st day of
Sept, 1909, the defendants unlawfully
entered upon said tract of land and
the plaintiff therefrom
75--44--.l~4-.sa-1rI
That the defendants, the :,
irs of C. Kendrick, deceased, claim :,
der and by virtue of deed from
e original patentee, Shelby .
'awford, but any title whatever that G
ey had, if any, has long since been -
rred by limitations; that the heirs a
]. n. Hogan claim the land, but :,
virtue of what title is unknown to :,
aintiff, and whatever title, if any, =
ey had has long since been barred =,
limitation; that the heirs of B. H.
d E. Waters, deceased claim under
ID by virtue of a deed from J. N.
Ogan, but any title whatever that :,
ey had or acquired has long since :,
en- barred by limitation; that the
irs of A A. Lepyre, deceased, claim ?,
der and by virtue of a deed from :,
shbel Smith, but if any title what :,
er they had the same is barred by :
that the heirs of Ross
organ, deceased, claim under and by >,
rtue of a deed from ]. G. MCGOWAN.
It whatever title, if any, they ever =
d to said land is also barred by u
that the heirs of James I,
'ennan, deceased, claim under and
virtue of deed from E. A. Mexia, r
It whatever title, if any, they ever
d to said land is also and has long
nee been barred by limitation. That
e firm of Griffith & Wedge claim
der and by virtue of a deed of
Ist, which has long since been paid .
and discharged, but never released
said Griffith & Wedge. A
That the defendants have not be-
me Invested of all title or claim to A
id land by conveyances thereof,
en- plaintiff AYERS that he has ac- q
fred a good and perfect title to said m
nd, which had matured prior to the K
t day of Sept, 1909, under the stat S
es of limitations of five and ten C;
airs, which are here and now spec W
ly plead For plaintiff AYERS that Vi
and those under whom he claims Sc
We had peaceable and adverse pos CT
ssion of the above described tract tc
land under a deed and deeds duly Sc