Bryan daily eagle and pilot. [volume] (Bryan, Tex.) 1909-1918, 1911-02-28
CITATION BY PUBLICATION.
THE STATE OF TEXAS-To the
Sheriff or any Constable OF Brazos
Co, Crantinn.

Sheriff or any Constable OF Brazos
County-Greeting:
You are hereby commanded to sum
mon the unknown heirs of each OF the
following named persons: Warren
Smith, William Foley and Thomas Las
sitter, the heirs and legal representa-
tives of each of said unknown heirs,
by making publication of this citation
once in each week for four successive
weeks previous to the return day here
of, in some newspaper published in
your county, if there be a newspaper
published therein, but If not, then in
any newspaper published in the Twen-
tieth Judicial district; hut If there be
no newspaper published in said judi
cial district, then in a newspaper pub
lished in the nearest district to said
Twentieth Judicial district, to appear
at the next regular term of the District
Court of BraZos county, TO be holden
at the courthouse thereof. in the city
of Bryan, on the first Monday in
March. A. d. 1911, the same being the
9th day of March, A. d. 1911, then and
there to answer a petition filed in said
court on the 9Th day of February, A. ID.
1911, in a suit, numbered on the docket
Of said court No. 6149, wherein j. l..
Fountain is plaintiff, and the unknown
heirs of each of the above named per-
sons, the heirs and legal representa-
tives of each sof said unknown heirs,
are defendants, and said petition alleg-
ing in substance as follows: That the
plaintiff, J.. L. Fountain, is a resident
of Brazos county, Texas, and has his
domicile in said BraZos county, Texas.
and that the residences and names of
all of the said defendants are un-
known to the said plaintiff; that on or
about the Goth day of May, A. d. 1902.
the said plaintiff purchased of and
from S. s. Kennedy of Brazos county,
Texas, the hereinafter described tract
Of land, and that since having pur-
chased the same the said plaintiff has
had quiet and ~peaceable and adverse
possession of the same, until the fling
of this suit, and for a period of about
twenty years prior to the date OF his
said purchase of said land the said
s. S. Kennedy had owned and occupied
the same as q homestead, and had had
exclusive, and peaceable and adverse
possession of the same from the year
1886 until he delivered such possession
to the said plaintiff; that at some time
prior to the purchase of said land by
the said S. S. Kennedy. Warren Smith,
William Foley and Thomas LassIter
lad each owned the same, but that
none of the above deeds or muniments
of title were eve placed upon the
records Of deeds of Brazos county,
TXeas. The tract of land above re-
ferred to is described by metes and
bounds as follows: All that certain
or parcel of land lying and being
situated in Brazos county, Texas, and
being a part OF a survey patented to
c. c. Seal. assignee of Thomas Yates,
and more particularly described as
follows: Beginning atsthe west corner
of the Thomas Yates survey of 279
acres, a stake, from which a P. o. u
in. in dia. brs. y. II w. Is varas, and
a double B. ]. brs. y. 20 E. 16 varas;
thence n. 40 f. 4S2 varas and corner,
stake. from which a p. o. 10 inches
in dia. brs. n. 81 E. II varas, and a
o.. y ms. in dia. brs. S. 10 w. 10
varas; thence S. 40 E. 927 yaras and
a stake in John Williams league
lire, from which a p. o. Is ms. in dia.
brs. n. . E. II 1/2 varas, and a p. o.
ms. in dia. brs. y. SO E. . varas;
thence S. 40 w. with Williams league
line ASH varas, to the original corne
Of said 279 acre survey, a stake, from
which a p. o. IS ms. in dia. brs. S. SO
II 1/2 varas, and a P. o. - ms. in
liz. brs. n. II E. 10 1/2 varas; thence
As w. 927 varas to the place Of be-
That the fact that all of the
above named transfers appear in his
Iced of conveyance from S.. S. Ken
ledy, and that none of the said deeds
appear of record in deed records OF
3raZos county, Texas, creates a cloud
Upon the title to said land. plaintiff
shows that he has sought diligently
or the said Warren Smith, William
Foley and Thomas Lassiter, for the
purpose of securing from them such
and conveyances as are neces-
iary for the purpose of removing said
loud from said title, but that he has
Deen unable to find either of said par
les or their heirs at law. PLAINTIFF
that the defendants and their
Unknown heirs be cited by publication
o answer his petition. and that he
ave judgment removing the cloud
rom the title to said land, and vesting
he title in him, the said plaintiff, for
.osts of suit, and for general and
'quitable relief.
Herein fail not. but have before said
curt, at its aforesaid next regular /
erm. this writ with your return there
showing how you have executed the
anne.
Witness, j. w. Barron, Clerk of the /
Court of Brazos County.
Given under my hand and the seal
f said court, at office in Bryan, Texas,
his the 9Th day of February, A. D.
oil.
[Seal1 J. w. BARRON.
Jerk District Court Brazos County.