The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1911-01-07
CITATION BY PUBLICATION.

The state of Texas to the Sheriff or
any Constable of Ellis County,
Greeting:
You are hereby commanded to
summon the unknown heirs of Eliza
J Ewing and j. w Ewing, deceased,
and the unknown heirs of Francis NJ.
Neal and s. H. Neal, deceased, by
making publication of this citation
once in each week for eight success
sive weeks previous to the return
day hereof, in some newspaper pup
lished in your county, to appear az
the next regular term of the District
Court of Ellis County, to be holden
at the Court House thereof, in Wax
ahachie on the fourth Monday in
February. A. ID. 1911, the same be-
i ing the 27th day of February, A. -
1911, then and there to answer
petition filed in said Court on the
18th day of December, A. d. 1910,
in a suit. numbered on the docket o.
said Court No 7944, wherein John
O. Thomson is plaintiff, and the un-
known heirs of Eliza j, Ewing ano
husband J. w. Ewing, deceased, and
the unknown heirs of Francis M.
Neal and husband S. II. Neal. de-
ceased. are defendants, and said Pc
7 tition alleging in substance: THAT
+ DIHfNIllI Is Tue Wv uti u WI yam
tracts or parcels of land situated III
Ellis County Texas, one tract con-
tanning fifteen acres, fully described
in deed dated October %, 1883 from
A. n. Witherspoon ct al, to john
o. Thomson, recorded in Vol. 3S
page so. Deed Records of Ellis
County, Texas; second tract contains
200 acres fully described in deed
dated January %. 1875, from w. G.
Rogers ct al. to John o, Thomson,
recorded in Vol. 81, page III Deed
Records of Ellis County, Texas; that
plaintiff has conveyed part of said
land (see deed dated January %,
1879 recorded in Vol 81, page
i 517. and also tract described in deed
dated August !, 1896, recorded In
Vol. 81 page 3S3, Deed Records of
Ellis County, Texas.
Plaintiff further alleges that
VIM and Thos. Heron were broth
ers and owned said land jointly and
finally partitioned said land be-
tween them, but that said partition
deeds. if any were never placed of
record and by reason of which a
cloud is cast upon the title to said
land.
That on January %, 1875. plain
tiff received a deed from w G. Rog-
ers for the 200 acres referred to
above, and that said Eliza J Ewing
and Francis NJ Neal signed and were
paid the full consideration therefor
but their husbands did not sign and
execute said deed; which casts cloud
over the title to same;
Plaintiff further alleges that they
have received pay for their interest
10 plaintiff 1npS
not owe them anything: that any
, claim which they may set up has
long since been barred by the stat
, ute of limitation; that said land has
been used occupied, cultivated and
enjoyed, and adversely held by him,
for a period of more than ten years
, prior to this date Wherefore, plain
, tiff prays that defendants be cited
, as required by law; for judgment
removing cloud, costs of suit and
general relief.
Herein fail not, but have before
said Court, at its aforesaid next reg
, ular term, this writ, with your return
. thereon, showing how you have exc
cuted the same.
Witness: Lem Ray Clerk of the
! District Court of Ellis County
Given under my hand and the Seal
, of said Court, at office in Waxa
hachie, this the 29th day of Deem
Der, A. d, 1910.
tSeal LEM WRAY
? Clerk OF the District Court, Ellis
, County.
BY DAN WILSON, Deputy
A true copy, ! certify,
A. w WILSON
Sheriff, Ellis County, Texas,
BY FRANK e. SPALDING,
Deputy.