The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1911-02-04

J. Ewing and j. w. Ewing, deceased.
and the unknown heirs of Francis M.
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 pub
lished in your county, to appear at
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-
ing the 9th day of February, A. u.
1911. then and there to answer
petition filed in said Court on the
29th day OF December, A D. 80.
in a suit numbered on the docket Oh
said Court No. 1914 wherein John
TO- Thomson is plaintiff. and the I'M
known heirs of Eliza J. Ewing ann
husband, ]. w. Ewing, deceased and
the unknown heirs of Francis Nj.
Neal and husband, S. II. Neal, de-
ceased are defendants, and said pc
tition alleging in substance: That
plaintiff Is the owner OF certain
tracts or parcels of land situated in
Ellis County, Texas, one tract con-
tanning fifteen acres fully described
in deed dated October %. 1883, from
A. N. Witherspoon ct al, to JONI
0. Thomson, recorded in Vol. 30,
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 0. Thomson,
recorded in Vol. 50, page Ill, Deed
Records of Ellis County. Texas; that
plaintiff has conveyed part of said
land (see deed dated January 20,
1879, recorded in Vol. "a, page
SIT. and also tract described in deed
dated August l, 1895, recorded In
Vol. 81 page $50, 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
cloud is cast upon the title to said
land;
tiff received deed from w. G. Rog-
ers for the 200 acres referred to
above, and that said Eliza j. Ewing
and Francis M. 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
| in said land, and that plaintiff does
not owe them anything that any
claim which they may set up mas
| long since been barred by the stat
ute of limitation; that said land mas
been used, occupied, cultivated and
enioyed, 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 Decem-
Der, A. d. 1910.
(SeaD LEN 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 f. SPALDTNG,
Deputy.
| Sat pa