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

CITATION.
State of Texas, County of Anderson.
In District Court, November Term
A. D. 1909.
To the Sheriff or any Constable OIL
Anderson County-Greeting:
Affidavit having been made as re
quired by law, you are hereby com
manded to summon the heirs of M. H
Johns, decea9ed; the heirs of ]. B
Williams, deceased, and the heirs OF
K. ], Williams, 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 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 goth day of
November A. D. 1909, in a suit num-
bered on the docket of said court No.
S161, then and there to answer the
petition of H. P. Barton and R. E.
BLACKBERRY, filed in said court on the
Both day of September, A. D. 1909,
against the heirs of M. H. Johns, de-
ceased, the heirs of ]. B. Williams
deceased, and the heirs of R. ]. Will
liams, deceased land alleging in sub
stance as follows, to-wit:
That on the 18th day of September,
1909, plaintiffs were in the lawful
possession, as the owners in fee sim
pie, of 400 acres of the NJ. H. Johns
$40 acre survey of land in Anderson
county, Texas, and plaintiffs specially
plead that they acquired title to said
400 acres of land by limitations of
five and ten years.
That afterwards, on tho 15th day of
eptember, TyUy, oeresenday ds4ts,rw.st.. I !. !
Y entered upon said tract of land
nd dispossessed the plaintiffs there
f, and withhold from them the pos r
ession thereof.
That the nature of the claim of the
efendants, the heirs of M. H Johns,
eceased, in and to said land and
remises is as heirs of the original
atentee, but plaintiffs aver that the :
aid patentee during his lifetime sold
nd conveyed said land to those I'M
er whom plaintiffs claim. That the '
efendants, the heirs of ]. B. Will
ANS, deceased, claim said land
through and under a deed from one
tichard Hooper, but plaintiff overs
hat if such deed conveyed any title
nto the said ]. B Williams, that .
laintiffs or those under whom plain
ifs claim subsequently acquired
anne by and through the said ]. B. ;
Villains, or his heirs. That the de-
the heirs of R. ]. Williams,
eceased, claim to own said land by +,
Irtue of deed from certain persons
lCllhlllSo " DC Vic lCll VI a. Il. w II | :
ANS, deceased, and that if such deed
onveyed any title unto the said R.
Williams, that these plaintiffs sub
acquired same under valid
judicial sale and foreclosure of a tax
zen, on said land, as against all per-
on owning, or claiming or having
ny interest therein, including the
efendants, the heirs of R. ]. Will
ANS, deceased, and plaintiffs also
ay that such judicial foreclosure of
ak lien and the sale Hereunder pass :
d unto them all the right, title and
interest of all the defendants hereto, u,
any they had, and plaintiffs further
ay that they have acquired supe-
Tor and perfect title in and to said
and as against the defendants, and :
Il persons, by and under the statutes
f limitations.
Plaintiffs pray judgment for the :
tile and possession of the land and
or general relief
Herein fail not, but have before :
aid court, at its aforesaid next reg
lar term, this writ, with your return
hereon, showing how you have exc
uted the same. =
Witness, Jno. R. Moore, Clerk of
he District Court of Anderson Co.
Given under my hand and the seal -.
f said court at office in Palestine, :
his the 3Oth day of September, A D.
9O9.
(SeaD Jno. R. Moore,
Jerk of the District Court of Ander
son County.
CITATION.