Bryan daily eagle and pilot. [volume] (Bryan, Tex.) 1909-1918, 1911-02-21

icial district, then In a newspaper pull
Ilished in the nearest district to sai'
twentieth Judicial district. to appea
lat the next regular term OF the Distric
Court of Brazos county, to be holder
lat the courthouse thereof. in the cit,
lof Bryan, on the first Monday X
March, A. d. 1911, the same being The
18th day OF March, A. ID. 1911, then and
there to answer petition filed in said
lcourt on the 9th day of February, A. ID
l1911, 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 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. ID. 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 filing
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
possession of the same from the year
1856 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 Lasster
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 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, stake, from which P. o. IL
in. in dia. brs. n. II w. X varas. and
a double B. ]. brs. n. 20 e. 16 varas;
thence n. As E.. 4S2 varas and corner
a stake, from which a p o. l. inches
in dia. brs. n. "a E. II varas, and
p. o. IL ms. in dia. brs. s. 10 w. 10
varas: thence S. 45 e. 927 varas and
corner, a stake in John Williams league
line, from which p. o. 10 ms. in dia.
brs. n. E. II 1/2 varas, and p. o.
10 ms. in dia. brs. n. SO e. 3 varas;
thence S. 40 w. with Williams league
line 4S7 varas, to the original corner
Of said 279 acre survey, a stake, from
which p. o. Is ms. in dia. brs, S. SO
r. II 1/2 varas, and a p o. II ms. in
1ia. brs. n. II r. 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 |
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
leeds and conveyances as are neces-
sary for the purpose of removing said
cloud from said title. but that he has
been unable to find either OF said par
lies or their heirs at law. PLAINTIFF
orays that the defendants and their
unknown heirs be cited by publication
% answer his petition. and that he
nave 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 |
equitable relief
Herein fail not. but have before said |
court, at It's aforesaid next regular |
ERIN. this writ with your return there |
IN, showing how you have executed the
ame.
Witness, j. w. Barron, Clerk of the |
District Court of Brazos County.
Given under my hand and the seal
If said court, at office in Bryan, Texas,
his the 9th day of February, A. d.
OIL.
[Seall ]. w. BARRON,
'lerk District Court Brazos County.