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

/ OOOh, ueCedSSuy Ine u0lTS OIL DdQlt
Wagsaner. deceased, and the heirs c
Frances WaggoneT, deceased, b
making publication of this citatio
once in each week for eight success
sive weeks previous to the return da
hereof, in some newspaper publishes
in your county, to appear at the mex
regular term of the District Court o
Anderson county, to be holden at the
| court house thereof, in Palestine, OF
the fifth Monday in November, A. D
1909, the same being the 10Th day o
November, A. D. 1909, in a suit mum
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. NJ. 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 ]. 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 j. 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
surveys, 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. 1. Price surveys,
and the ]. 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 in 800 acres of the
land as the heirs of the patentee, who
vas the said VIM. A. Cook, and of
Who was the said Nancy
Cook; but plaintiffs aver that all title
belonging to the estates of Vim. A
Cook, deceased, and Nancy Cook, de-
was conveyed by the deed of
Nancy Cook, as executrix of the will
of VIM A. Cook, deceased, to C. Fitz-
gerald, of date Oct. 3rd, 1854, and
plaintiffs have regular chain of
title to said 800 acres of land through
AMI under the said C. Fitzgerald; that
* defendants, the heirs of Daniel
Naggoner, deceased, and the heirs of
Frances Waggoner, deceased, claim
an interest in about 81 and 24-1O0 |
acres of the land sued for through |
and under a deed from Geo. w. Tug
gle, to Daniel Waggoner, of date June |
End, 1S49, conveying a larger tract, of |
which said 81 and 24-100 acres was a |
part, and that the defendants, the
heirs of Frances WaggOner, claim an
interest therein under said deed on
account of said Frances Waggoner
having been the wife of the said Dan.
iel Waggoner. But plaintiffs aver
that the defendants, the heirs of Dan |
iel Waggoner, and of Frances Wag- |
goner, have no interest in the land |
sued for, because all interest which |
the said Daniel Waggoner and Fran.
ces Waggoner may have had in and |
to any portion of said land passed |
long ago by conveyances and judg- |
ments, from and binding on the said |
Daniel Waggoner and Frances Wag- |
goner, and those holding and repre- |
senting their estates unto persons |
and under whom plaintiffs
dereign their title, and plaintiffs fur
Their say that they acquired superior
title to said land as against the de-
PENDANTS and all other parties, prior
to September 18th, 1909, by limita-
tions of five and ten years.
Plaintiffs pray for judgment for the
title and possession of the land and |
for general relief.
Herein fail not, but have before said
court, at its aforesaid next regular
term, this writ, with your return
showing how you have exc
cuted the same
Witness, Jno. R. Moore, clerk of the
District Court of Anderson county.