Bryan daily eagle and pilot. [volume] (Bryan, Tex.) 1909-1918, 1911-02-20

lcldl QlBtTlcl, tn6u IN newspaper pun
Ilished 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. d.
1911, in 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 of said unknown heirs,
are defendants, and said petition alleg-
ing in substance as follows; That the
plaintiff, ]. L. Fountain, is a resident
of Brazos county, Texas, and has his
domicile in said Brazos county, Texas,
and that the residences and names or
all of the said defendants are I'M
known to the said plaintiff; that on or
about the Goth day Of May, A. ID. l902,
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 plaintln has
had quiet and peaceable and adverse
possession of the same, until the ming
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 homestead, and had had
exclusive. and peaceable and adverse
possessjon of the same from the year
1886 until he delivered such possession
to the said plaintiff; that al some time
prior to the purchase OF said land by
the said S. s. Kennedy. Warren Smith,
William Foley and Thomas Lasslter
had each owned the same. but that
none of the above deeds or muniments
of title were ever 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
tract or parcel of land lying and being
situated in Brazos county, Texas, and
being a part of survey patented to |
c. C. Seal, assignee Of Thomas Yates, |
and more particularly described as
follows: Beginning at the west corner
Of the Thomas Yates survey OF 279
acres, a stake, from which p. o. IL |
in. In dia. brs. n. II w. 10 varas, and !
a double B. J. brs. n 20 E. 16 varas;
thence ~ 40 e. 4S2 varas and corner, |
A stake, from which p. o. 10 inches |
IN dia. brs. n. "a z. II varas, and a |
~ In. In, hpc g IN M IN |
7aras: thence S. 40 E. 927 varas and |
a stake in John Williams league
inc, from which P. o. 10 ms. in dia.
ors. n. 2 E. IA 1/2 varas, and p. O.
10 ms. in dia. brs. n. SO r. 3 varas;
hence S. 40 w. with Williams league
inc 4S7 varas, to the original corner |
If said 279 acre survey, a stake, from
which p. o. 10 ms. in dia. brs. s. 33
:. II 1/2 varas, and p. o. II ms. in
liza. brs. n. II r. OLE varas; thence /
\. As w. 927 varas to the place of be- /
Ginning: That the fact that all Of the
Ibove 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 Il
Srazos county, Texas. creates a cloud II
lDOn IUe llll6 W odlu ldnQs BlbihAlA
shows that he has sought diligently
or the said Warren Smith, William
FOLEY and Thomas Lassiter fer the
purpose Of securing from them such
leeds and conveyances as arc neces-
ary for the purpose Of removing said
loud from said title, but that he has
,een unable to find either o. said par
les or their heirs at law. Plaintiff
rays that the defendants and their
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
n, showing how you have executed the
anne.
Witness, J. w. Barron. Clerk of the
district Court Of Brazos County.
Given under my hand and the seal
{ 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.
.ATAPHH is SURELY II