Palestine daily herald. [volume] (Palestine, Tex.) 1902-1949, 1909-11-20

+ manded to summon the heirs of c
/. Kendrick, deceased; the heirs of E
y H. and E. Waters, deceased; tn
l heirs of J. n. Hogan, deceased; thu
f heirs of A A. Lepyre, deceased; tn,
, heirs of Ross Morgan, deceased; thu
l heirs of James Brennan, deceased
and Griffith & Wedge, by making
publication of this citation once il
each week for eight successive weeks
previous to the return day hereof, il
some newspaper published in youI
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 29th day of
Nov, A. D. 1909, in a suit numbered
on the docket of said court No. 8166,
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 j. 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, 1858,
and which is bounded as follows: Be
ginning at a stake 1175 YRS. S. &c e.
from n. e. cor of Chas. Gilmore sur
vey from which a hickory bears n.
26 W. Is 10 WIS, black jack brs
n. 76 e. yrs, both marked x; thence
east 914 WIS. to stake from which a
postsoak bears n. Is e. YRS. and an
other bears S. 30 W. yrs, both
marked X51.thence S. 1000 yrs. to
stake from which a post oak brs. n
25 W. 4 yrs, and another S. 2S W. 81
vrs., both marked X; thence west 9O4
yrs. to stake from which a post oak
bears H. W. 10 yrs. and also a black |
jack bears n AZ W. u yrs. both |
marked X; thence n. 1000 WIS. to the
place of beginning Except 3 acres
which belongs to w L, Derden and |
others, and occupied as a mill site in
the s. W. corner of said 800 acres.)
That afterwards, on the list day of
Sept, 1909, the defendants unlawfqlly
entered upon said tract of land and
dispossessed the plaintiff therefrom
and withhold the same, to PLAINTIFFS
damage. That the -{efe@4El4rg---4--
heirs of C. Kendrick, deceased, claim
under and by virtue of deed from
the original patentee, Shelby
Crawford, but any title whatever that
they had, if any, has long since been
barred by limitations; that the heirs
of J. N. Hogan claim the land, but
by virtue of what title is unknown to
plaintiff, and whatever title, if any
they had has long since been barred
by limitation; that the heirs of B. H.
and E. Waters, deceased, claim under
and by virtue of deed from ]. n
Hogan, but any title whatever that
they had or acquired has long since
been barred by limitation; that the
heirs of A. A. Lepyre, deceased, claim
under and by virtue of a deed from
Ashbel Smith, but if any title what
ever they had the same is barred by
limitations; that the heirs of Ross
Morgan, deceased, claim under and by
virtue of deed from ]. G. MCGOWAN.
but whatever title, if any, they ever
had to said land is also barred by
that the heirs of James
Brennan, deceased, claim under and
by virtue of deed from E. A. MeXia,
but whatever title, if any, they ever
had to said land is also and has long
since been barred by limitation. That
the firm of Griffith & Wedge claim
under and by virtue of deed of
trust, which has long since been paid
off and discharged, but never released
by said Griffith & Wedge.
That the defendants have not be-
come Invested of all title or claim to
said land by conveyances thereof,
then plaintiff AYERS that he has ac-
quired a good and perfect title to said
land, which had matured prior to the
LIST day of Sept, 1909, under the stat
utes of limitations of five and ten
years, which are here and now spec
tally plead. For plaintiff AYERS that
he and those under whom he claims
have had peaceable and adverse pos
session of the above described tract
Of land under deed and deeds duly