Palestine daily herald. [volume] (Palestine, Tex.) 1902-1949, 1909-11-06

CURED by law, you are hereby com
manded to summon the heirs of VIM
A. Cook, deceased, the heirs of Name!
Cook, deceased, the heirs of DAME
Waggoner, deceased, and the heirs Of
Frances Waggoner, deceased, by
making publication of this citation
once in each week for eight success
sive 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
Anderson county, to be holden at the
court house thereof, in Palestine, on
the fifth Monday in November, A. D.
1909 the same being the 18th day of
November, A. D. 1909, in suit num-
bered ON the docket of said court No.
S165, then and there to answer the
petition of P H. Hughes, as executor
of the will of Mrs. M. A. Stafford, de-
ceased, and as guardian of the estate
of Seymour Stafford, minor, and Gus
sic May Smullen, formerly Gussie May
Stafford, individually, and as execu-
trix of the will of Mrs. NJ. A. Stat
ford, deceased, and J. D. Smullen,
filed in said court on the LIST day of
October, A D. 1909, against L. W.
Huffman, Reese Huffman, Roman
Huffman, Jot Huffman, George Huff
man, Oscar Huffman, Davis Mckenzie,
Mrs Lucia V. Mckenzie, Chas. L. Nc
Kinzie, Fred ]. Mckenzie, Genie Nc
Kenzie, Mrs. Minnie Eubanks, Ebert
Eubanks, Thos Marion Waller, the
heirs of VIM. A. Cook, deceased, the
heirs of Nancy Cook, deceased, the
heirs of Daniel Waggoner, deceased,
and the heirs of Frances Waggoner,
deceased.
Said petition alleging in substance
as follows, to-wit:
That on the 18th day of September,
1909, plaintiffs were in the lawful pos
session, as the owners in fee simple,
Of 1856 and 62-1OO acres of land in
Anderson county, Texas, made up of
the following surveys and parts of
to-wit:
564 and 94-10O acres of the NJ. Sail
sar league, the VIM. A Cook 800
acre survey, the R. R. Powers 800
acre survey, two C. L. Price surveys,
and the J. D. Smullen survey.
And plaintiffs specially plead that |
they had acquired title to said 1856
and 62-10O acres of land under the
statutes of limitations of five and ten
years; that afterwards, on September
18th, 1909, the defendants unlawfully
entered upon and dispossessed the
plaintiffs of their said tract of land,
and withhold from them the posses
sion thereof; that the defendants, the
heirs of VIM A. Cook, deceased, and
The heirs of Nancy Cook, deceased,
claim an interest i'll 800 acres of the
and as the heirs of the patentee, who
- -=thaz said VIM A-Gook. and of
=, wiz -. =, -
'ook; but plaintiffs aver that all title
elonging to the estates of Vim. A
look, deceased, and Nancy Cook, de- +
eased, was conveyed by the deed of
nancy Cook, as executriX of the will {
f VIM. A Cook, deceased, to c. Fitz- ,
erald, of date Oct 3rd, 1854, and
Plaintiffs have a regular chain of
tile to said 800 acres of land through
nd under the said c. Fitzgerald; that
he defendants, the heirs of Daniel
deceased, and the heirs of
RANGES Waggoner, deceased, claim
n interest in about 67 and 24-100
ores of the land sued for through
nd under a deed from Geo. w. Tug !
lie, to Daniel Waggoner, of date June
nd, 1S49, conveying larger tract, of
Which said 81 and 24-100 acres was a
art, and that the defendants, the
eirs of Frances Waggoner, claim an
interest therein under said deed on
ccount of said Frances Waggoner
aving been the wife of the said Dan.
Ell Waggoner. But plaintiffs aver
hat the defendants, the heirs of Dan !
Ell Waggoner, and of Frances Wag-
oner, have no interest in the land ,
ued for because all interest which
he said Daniel Waggoner and Fran
es Waggoner may have had in and
o any portion of said land passed :
ong ago by conVeyances and judg-
nents, from and binding on the said :
daniel Waggoner and Frances Wag-
oner, and those holding and repre- ,
enting their estates unto persons
through and under whom plaintiffs
ereign their title, and plaintiffs fur
her say that they acquired superior +
tile to said land as against the de-
endants and all other parties, prior !
o September 18th, 1909, by limita-
ions of five and ten years.
Plaintiffs pray for judgment for the
tile and possession of the land and i
or general relief.
Herein fail not, but have before said :
curt, at its aforesaid next regular G
erm, this writ, with your return