Bryan daily eagle and pilot. [volume] (Bryan, Tex.) 1909-1918, 1912-12-06
CITATION sv PUBLICATION.
To the Sheriff or Any Constable OF
Brazos County, Greeting:

mon >. h. Downs, u. Nj. Hardln, u. Il.
Downs, C. r. Downs, ]. A. Downs, and
Geo. A. Smoot by making publication
of this citation once n each week for
eight successive weeks previous to
the return day hereof, in some news
paper published in your county, II
there be'a newspaper published there
in, but if not, then in any newspaper
published in the Twentieth Judicial
District: but If there be no newspaper
published in said judicial district, then
in a newspaper published in the near
est 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 court
house thereof, in Bryan, on the first
Monday in March, 1918, the same be-
ing the 3rd day of March, 1913, then
and there to answer a petition filed in
said court on the 25th day of March,
1912, in a suit numbered on the docket
of said court No. $3.50. wherein ]. T..
Downs, ]. S. Downs, Miss Rebecha H..
Downs, a feme sole: J.. H. Audrey,
w. ID. Audrey, Miss Helen Audrey, a
feme sole, are plaintiffs, and S. b.
| Downs, U. NJ. Hardin, G. f. Downs,
c. R. Downs, j. A. Downs, Il. l.. Ram
sey, H. S. Ramsey, j. G. Minkert n
| Mrs. Frances Minkert, Walter WHIP
recht, Mrs. w. Wipprecht and Geo. A.
Smoot are defendants and said petit
ton alleging that plaintiffs were on
the 25th day of May, 1912, lawfully
seized and possessed of the following
described tract of land, to wit: Sub
division, or lot No. 10 of the Samuel
Davidson League in Brazos County,
Texas: Beginning at the n. +. corner
of subdivision or lot No. 8 OF said
league; thence n. As E. 1862 yrs. to
the n. w. corner of lot No. 10 and
the S. w. corner of lot No. II of said
league, a stake: thence S. 40 H.. with
the w. line of said lot No. 10, 1863
yrs. to the S. w. corner thereof and
the S. boundary of said league; thence
S. 45 w: with the S. boundary OF said
league 1862 YRS. to the s.. h. corner or
| Sdlu lou M. y, lntllNt ~. ~ W. WIN
the e. boundary line of lot No. 8 1863
yrs. to the beginning, containing 200
acres of land, and being the same
tract of land conveyed to j. l.. Downs
by James L. Battle and Sarah r. Bat
/ tie by deed dated November IL, 1873,
which deed is recorded in Vol. ., Page
81, Records of Deeds of Brazos Coun-
ty, Texas, holding same in fee simple
that plaintiffs are the sole heirs at
law of J. L. Downs, deceased; that
]. L. Downs at the time of his death
was seized and possessed of the above
described tract of land, and that the
said ]. l.. Downs died on or about
August 10, 1895, leaving these plain
tiffs as the sole heirs at law; that
S. E. Downs. U. NJ. Hardin, G. r..
Downs, c.. r. Downs and j. A. Downs
entered upon said premises on or
about May 81, 1910, and are claiming
title to same, and are unlawfully hold
ing possession of same from these
plaintiffs, and that said claim is an
"tagonistic to plaintiffs title and same
is fictitious and fraudulent.
That E. l.. Ramsey and H. S. Ram
sey have caused a deed to be put Of
record in the Deed Records o. BraZos
! County, Texas, and that same Is ficti-
| tious and fraudulent and casts a CLOUD
upon plaintiffs title to said land that
]. G. Minkert ct al. and Geo. A. Smoot
are also setting up some claim OF title
to said land and have caused a deed
to be put of record in the Deed Rec
ords of Braos County whereby an in
terest in said land is %purported to be
conveyed to them; that said claim
and said deed constitutes a cloud on
plaintiffs title to said land; that the
suit brought by S. E. Downs, U. NJ.
Hardin, G.. E. Downs, c. r. Downs
and ]. A. Downs against H. S. Ramsey
and E. L. Ramsey herein they allege
that they are the sole heirs of j. L..
Downs, deceased, and that the judg-
ment obtained therein is a cloud on
PLAINTIFFS title; tnat the deed of trust
wherein w. Wipprecht is trustee for
Mrs. w. Wipprecht, wherein this land
is conveyed in trust by E. L.. Ramsey,
casts a cloud on this title; that the
suit filed by G. T. Minkert and Geo. A.
Smoot on April Is, 1911, filed in the
District Court of Brazos County.
Texas, against G.. E.. Downs ct al,
partition the land herin described
casts a cloud on this title; that plain
tiffs' damage in the SUI of Six Hun
dred Dollars %($600.00) by the unlaw-
full acts of S. E. Downs, U. NJ. Hardin,
c. r. Downs and j. A. Downs and by
reason of the fraudulent and fictitious
deeds placed of record by H. S. Ram
sey and f. L. Ramsey in the sum of
Six Hundred Dollars ($60O.O0) and by
reason of suit filed by Geo. A. Smoot
ct al. in the sum of Six Hundred DOL
lars $4,000 0).
Plaintiffs pray for citation and upon
a hearing hereof for title and posses
sion of land and premises herein set
out, and for damages as hereinbefore
alleged, and that the deed from j.. L..
Downs to E. L. Ramsey be cancelled
and held for naught and that the
cloud cast by same be removed; that
the deed from s. E. Downs ct al. to
Geo. A. Smoot ct al. be cancelled and
held for naught and that the cloud
cast by same be removed, and that
said deed of trust be cancelled and
held for naught so far as this land
herein described is concerned; that
the judgment vesting title in the said
s. E. Downs ct al. be set aside and
held for naught and the cloud cast by
same be removed. That all claims and
equities of any and all of said defend
ants be adjudicated II any they show,
10 pona CANA no cancelled and hpl0