The Bryan eagle. [volume] (Bryan, Tex.) 1880-1913, 1911-08-10
CITATION BY PUBLICATION.
THE STATE OF TEXAS-To the
Sheriff or any Constable Of Brazos
County. Greeting:

mon +. T.. Holiday, George Alexander
Hamilton, the heirs of George Alexan'
der Hamilton and George w. Hamil-
ton by making publication Of this cita'
ton once in each week for four sue
cessive weeks previous to the return
day hereof, in some newspaper pub
lished in your county, IL there be a
newspaper published therein, but
liz not then In any news
paper published in the Twentieth
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 Bryan,
on the first Monday in September,
A. ID. 1911, the same being the 4th day
of September. A. ID. 1911, then and
there to answer petition filed in said
court on the Bird day of June, A. d.
1911, in suit, numbered on the
docket of said court No 1922, wherein
Ben S. Long is plaintiff, and +. T.
| Holiday, George Alexander Hamilton,
the heirs of George Alexander Hamil-
ton, George w. Hamilton, r. c. Wallis,
w. NJ. Wells, and II. r. Rowlett and
Houston and Texas Central Railroad
Company, a corporation, are defend
ants, and plaintiff alleges that he is
the owner in fee simple title and in
possession of those two portions OF
land out of the j. C. Stuteyille one
third league situated in BraZos County,
Texas, and more particularly de-
scribed as follows Beginning at n
stake in the north corner OF this one
third league and the west corner OF
the w. l.. Ellis survey from which a
p. o. brs. n. rs 1-2 degrees, f. l,6 yrs.
thence S. 45 degrees, Il. at 165 yrs.
cross Peach creek, 1411 yrs to a
stake in n. w. line of b. b. v. Il c.
Ry. Co. survey from which a black
jack II seconds brs. n. 30 degrees, b.
/ YRS: p. o. ) seconds brs. 5. 80 h.
6.3 vrs.: thence S. 45, w. 800 yrs. to
an iron bolt, the west corner Of the
said b. b. b. & c. survey, from which
a p. o. seconds brs. S. II 1-2 degrees
f.. 1.3 YRS: do seconds brs n. 80 de-
grees Il. 80 vrs, thence S. 40 degrees,
+. at 1921 yrs. cross II. & 7. c. X. X. |
track, at 612.7 yrs. pass iron pipe set
in the ground 710.5 yrs to stone set
from which a y. o. II seconds brs. n. |
SO IA degrees, W. 1865 yrs; do IL sec
onds hrs. "a degrees, w. 101 yrs;
thence s. As degrees, w. 1000 to n |
stake the w. corner of the b. Nc |
Gregor survey: thence S. 40 degrees.
Il. 1865 YRS. from which a p. .. 2S !
seconds brs. S ~ degrees, w. 2 yrs. !
mkd w. r O. IL seconds brs. Y. |
So IA degrees, w. 16 yrs. mkd X; |
thence S. As degrees w. 921 yrs. to
the !. & G. n. Ry.; thence with said
railway ~ 80 degrees, 30 seconds, w.
&c yrs, and y. 26 degrees 80 seconds,
w. 1890 yrs. to point in the \. w. |
line OF this one-third league md the
5. r. line of the s. Davidson league;
thence n. AZ degrees Il. 661.6 yrs. to
he place of beginning Excluding from
he above described tract two strips
If land for the right of way tor the
H. & T. c. ana |. & G. y. Rys), con-
aiming $685. acres of land
Plaintiff also alleges that he has
tile to said land in virtue of the three
md five years limitation statutes of
his State
Plaintiff alleges that on or about
he 10th day of April, 1910, the de-
endant George w. Hamilton did eX-
,cute a pretended deed to the defend
INT Holiday to the said Stnteville
,ne-third league, and which includes
plaintiffs said land, and did cause and
procure the said deed to be recorded
n Bra2os County, Texas That in said
Iced the said defendant George w.
hamilton purpCrts to act as the only
living heir of the defendant George
alexander Hamilton and did cause tho
aid deed to recite that the defendant
,eorge Alexander Hamilton had title
o said land in virtue of senior con [
eyance from James G.. Stuteville, the 4
riginal patentee of said one-third j
eague. Plaintiff charges that the said
eed to defendant Holiday. and the /
aid alleged deed to defendant George
.lexander Hamilton. which is Tot ad-
litted but denied, are fictitious and
and that the same, and the |,
ecord thereof, constitutes a cloud and ,
upon plaintiffs said title; Il
nd that said title is disquieted by q
nreats of persons purporting to act
5 agents of said defendant Holiday !
} GUST plaintiff from the possession
( said premises and to take posses !
ion thereof by force, and all OF which
iscredits plaintiffs title and 'mpairs
S marketableness.
Plaintiff also alleges that in his !
hahn of title the defendant Houston
nd Texas Central Railroad Company a
n the 25th day of November. 1907, +
DID the land described to the defend n
Mt r. c.. Wallis. who sold the same a
defendant Rowlett and Wells, CO c
composed of II. f. Row a
1T and w. VI. Wells, on the 7th day
I November, 1908, which last named
efendants on the 23rd day OF March,
109, conveyed the same land to plain.
If. That each of said conveyances n
ere by deeds duly executed and de- /
yered and each contained covenants \
! general warranty wherein the sew c
-al grantors Gid bind himself to war {
int and defend the title to the said n
nd unto his respective grantee and b
le assigns of such grantee against
4 persons claiming or to claim the v
lme or any part thereof, whereby the b
lid warrantors became liable 10 pay
aintff the value of said land, or any