Palestine daily herald. [volume] (Palestine, Tex.) 1902-1949, 1909-04-03
CITATION.

To the Sheriff or any Constable of
Anderson County-Greeting:
You are hereby commanded to sum
mon the unknown heirs of VIM.
Smith, deceased by making publica-
ton of this citation once in each
week for eight successive weeks pre-
vious to the return day hereof, in
some newspaper published in your
county, if there be a newspaper pub
lished therein, but if not, then in any
newspaper published in the 3rd Jul
iicial District; but if there be no
newspaper published in said Judicial
District, then in a newspaper publish
I'd in the nearest District to said Bird
Judicial District, 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 4th Monday in April, A. D.
1909, the same being the Goth day of
April, A. D. 1909, then and there to
answer a petition filed in said court
on the 5th day of March, A. d. 1909
in a suit, numbered on the docket of
said court No. SO55, wherein A. L.
Bowers is PLAINTIFF and the unknown
heirs of VIM. Smith are defendants,
and said petition alleging and being a
suit in trespass to try title, and fol
the removal of cloud from title to TIN
following described tracts of land
uated in Anderson county, Texas, De-
ing parts of the VIM. Smith labor of
III acres, about one mile west from
the city of Palestine, Texas:
First tract Being II Clio acres,
more or less, of said VIM. Smith la
Dor, and being the same land convey
ed by w. ]. Moore and wife to o. F.
Cleveland by deed recorded in Vol IS,
page 302, of the deed records of An
derson county, Texas, to which refer
ence is made for a full description.
Second tract. Being a part of the
above VIM. Smith labor, and fully de-
scribed by metes and bounds in deed
from S. A. McMeans to a. L. Bowers,
recorded in Vol. SO, on page 319, of
the deed records of said county, and
to which reference is made for full
description.
Plaintiffs claim title to said land
under deed from Geo. w. Tugle to
H. Thomas Berry, dated 2Sth day of
July, 1919, and recorded in the deed
records of Anderson county, Texas,
and by mesne conveyances from the
said H. Thomas Berry to plaintiff and
his grantors; and plaintiff also pleads
specially in bar of defendants right
the five and ten year statutes of linn
itation; and alleges that the defend
ants claim title to said land under
patent duly issued to VIM. Smith by
the state of Texas on the Sth day of
December, A. D. 1S47, which is record
ed in the deed records of Anderson
county Tex, in Vol. G, page 1876, and
because said deed records show no
conveyance of said land out of VIM:
Smith, but plaintiff alleges that VIM.
Smith long prior to the 2Sth day of
July, 1919, conveyed said land to Geo
W. Tugle by deed properly executed
and delivered, but that said deed from
Smith to Tugle has not been filed for
record and has been lost or destroy
ed, and by reason of all of which a
cloud is cast upon plaintiffs title and
he prays judgment for said land, and
for the removal of cloud from his title
by reason of defendants alleged claim
to said lands, and for costs and for
general relief.
Herein fail not, but have before said
court, at its aforesaid next regular
term, this writ, with your return
thereon, showing how you have exc
cuted the same.
Witness, John R. Moore, clerk of
the district court of Anderson county.
Given under my hand and the seal
of said court, at office in Palestine,
this the 18th day of March, A. D. 1909.
(Sea) JnO r. Moore,
Clerk of the District Court of Ander-
son County. 3-G-Std