The Lubbock avalanche. (Lubbock, Tex.) 1909-1922, 1910-04-21
Citation by Publication
THE STATE OF TEXAS:

: To the Sheriff or any Constable O
Lubbock County: Greeting.
You are hereby commanded TO sum.
mon. by making publication Of this
citation and notice once in each week
for eight consecutive weeks previous "a
the return day hereof in some newspa-
per published in Lubbock county. Texas,
NJ. M. Burts. whose residence is I'M
known, the unknown hei. s of NJ. NJ.
Burts, whose names and residences are
unknown, and all other unknown per
sons, whose names and residences are
unknown, 10 whom the hereinafter des-
cribed property belongs TO be and ap-
pear before sitting of the undersigned
Special Commissioners, duly and legally
appointed and qualified to bee holden at
the court room in the court house Of
Lubbock County, Texas, IN the town Of
Lubbock, the county seat of said Lub-
book county, Texas, on the 18th day OF
June A. ID. 1910, at two O'Clock p. m.
then and there 10 answer the statement
and petition for condemnation of the
! Pecos and Northern Texas Railway
Company filed with the county Judge Of
Lubbock county, Texas, on the llth day
OF April A. y. 1910, in suit wherein
said The Pecos and Northern Texas
Railway Company is plaintiff, and NJ. NJ.
Burts, the unknown heirs of NJ. NJ. Burts
and all other unknown persons towhom
the hereinafter described property be
longs, whose names and residences are
unknown, are defendants
The nature of PLAINTIFF suit is AS
follows, to-wt: Plaintiff alleges that
Plaintiff, The Pecos and Northern Tex
as Railway Company, is corporation
duly Incorporated, organized and exist
ing under and by virtue Of the laws of
the state Of Texas for the purpose of
locating, constructing, owning. main
tanning and operating railroad through
the county of Lubbock. in the State of
Texas, and through certain other coun-
ties IN Texas and that By the terms of
It's charter IL Is duly authorized 10 locate
construct. own, maintain and operate
is railroad through said Lubbock coun.
" and through other counties in the
State Of Texas. and that il has It's .
principal office and place Of business In
Potter county, Texas.
That said defendant, NJ NJ. Burts.
whose residence is unknown to plaintiff
the unknown heirs Of VI. NJ Burts
whose names and residences are IN ,
known 10 plaintiff, and all other an
known persons whose names and resi-
iences are unknown 10 plaintiff are !
the owners in fee simple of the follow.
.ng described parcel or lot of land towit
Lot Numbered Nineteen tlg .u Block ,
number Ninety-onc (3lJ 900 the town Of
Lubbock. 100 Lubbock county Texas.
That Plaintiff. The Pecos alS->..t hcrn I
Texas Railway -y.-..sy ~ Nted
.ts railroad ~F 0gc1 and kcr1s. NOD I
above tescri6cd lot \ ~ for fhc ;
purpo of IL inc/oraup and fthe
ransaV uon Of <sIness laud ~ tho |
rupo Of locrrrrS 5nstrici.Hf own !
ing m ntauing an9 operating d. said
railrof it Is ncces{r that petitioner y
have q above d/r1ei lot and each +
and ry t>t and appurtcnances
.herc3 n any0Ise belonging. Tor tte s
Use Of Itself and H. Successors iu per. ;
Detuity for its right Of way for It.
nam lnc tracks. sldlugs switches. spur Z
tracks passing track. depot and sta
hon buildings, water and fuel oil tanks
and coal bins and Tor each and every :
purpose necessary or convenient % its "a
lse a. a common carrier. and that pe
luoncr hereby seeks to condemn said J
parcel or lot Of land for each and alI of a
.aid purposes That petitioner b. una
ible 10 agree with defendant. Tor the c
purchase Of said above described lot Of d
and or upon the damages caused by "
he condemnation Of the same for the G
purposes aforesaid and by the construc. u
ION Of said railroad That petitioner y
MO defendants have not agreed upon a
Wy Special Commissioner :,
Wherefore. petitioner presents ard
.Irs this statement and petition for a
and prars that your O..
ionDr will appoint three iIsIntsrestsI ~
rreh0'1ers n said Lubbock county. y
rtas, AS Special Commissioner % a.. D..
ess said damage, occas0n,i bF tho .
oniemnauon OF the aforesaid property
ud prays that said property be- con
rmncd Tor SAID purposes aforesaid In
ccprdnnce with the statutes Of the
tate ui Texas IU such cases made and y
rovdci, and petitioner prays for aU =
lch other and further relief general
nd special, 20 which petitioner may be- n
1ttIcJ. N.
Herein fai not but have you this
ri with your return thereon showing ]
lw YOU have executed the same be- h
Irc us al ths time and place afore.
iid. 81
Witness our hands this 18th day Of NJ
prl. A.D 1870
a true copy ] certify
". u FLYNN.
sheriff Lubbock county. Texas.