Bryan daily eagle and pilot. [volume] (Bryan, Tex.) 1909-1918, 1911-02-07

THE STATE OF TExAs-To the
Sheriff or any Constable of Brazos
County-Greeting


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, II there be newspaper
published therein. but If not, then in
any newspaper published in the Twen-
tieth Judicial district; but 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. ID. 1911, then and
there to answer petition filed in said
court on the 9Th day of February, A. ID.
1911, in suit, numbered onNthe 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-
tiyes of each of said unknown heirs,
are defendants, and said petition alleg-
| ing in substance as follows: That the
plaintiff. j. l.. Fountain. is 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 TN.
known to the said plaintfff; that on OF
about the Goth day of May, A. d. 1902,
the said plaintiff purchased of and
from S. 8. 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 filing
of this suit, and for 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
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
had each owned the same, but that
none of the above deeds or muniments
of title w4re ever placed upon the
records cf deeds of BraZos county
TXeas. The tract of land above re
ferred 10 is described by metes and
bounds as follows: All that certain
tract CIR 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 at the west corner
of the Thomas Yates survey of 27s
acres. stake, from which p. o. Il
in. in dia. brs. n. II w. Is varas, and
a double B. ]. brs. n. 20 e. 16 varas
thence y. As E. 4S2 varas and corner
stake, from which p. o. 10 inches
in dia. brs. n. "a +. II varas, and q
p 0. II ms. in dia. brs. S. 10 w II
varas; thence s. AZ Z. 927 varas anc
corner, stake in John Williams league
line, from which p. o. 10 ms. in dia
brs. n. 2 Z. II 1/2 varas. and p o
10 ms. in dia brs. n. SO e. varas
thence S. As w. with Williams league
line 4S7 varas. to the original corner
of said 279 acre survey, a stake, from
which p. 0. Is ms. in dia. brs. s. 30
E. 171/2 varas, and P. o. u ms. in
dia brs. n. II e. 10 ~ varas; thence
n. 40 w. 927 varas to the place of be
ginning: That the fact that all of the
above named transfers appear in his
deed of conveyance from s. S. Ken
nedy, and that none of the said deeds
appear of record in deed records Of
Brazos county, Texas, creates a cloud
upon the title to said land. plaintiff
shows that he has sought diligently
for the said Warren Smith, William
Foley and Thomas Lassiter. for the
purpose of securing from them such
deeds and conveyances as are neces
sary for the purpose of removing said
cloud from said title, but that be has
been unable TO find either of said par
ties or their\ heirs at law. Plalntifl
prays that the defendants and theiI
unknown heirs be cited by publication
to answer his petition, and that he
have judgment removing the cloud
from the title to said land. and vestine
the title in him, the said plaintiff, for
costs of suit. and for general and
equitable relief
Herein fail not, but have before said
court, at its aforesaid next regular
term, this writ with your return there
on. showing how you have executed the
same.
Witness, J. w. Barron, Clerk of the
District Court of Brazos County.
Given under my hand and the seal
of said court, at office in Bryan, Texas
this the. 9th day OF February, A. D.
| 1911.
[Seall J. w. BARRON,
Clerk District Court Rrazos County.