The Lubbock avalanche. (Lubbock, Tex.) 1909-1922, 1912-09-26
Citation by Publication
TO the sheriff or any constable of Lu

10 the shefin or any constable or Lub-
book county, Texas, greeting:
You are hereby commanded 10 sum
mon Benjamin II. Stuckert, and
the heirs Of Benjamin II. Stuckert. de-
ceased. the names Of said heirs being
unknown, 20 appear at the next regular
term Of the district court Of Lubbock
county, Texas, 10 be holden at the
court house thereof, in the city of Lub-
book, Texas. on the second Monday in
November, 1912. the same being
the 18th day Of November. 1912
then and there TO answer pc
tition filed in said court on
the 9th day of August. A. d. 1912. in
cause numbered on the docket of said
court. No. 500. wherein j X. Caraway
is plaintiff, and Benjamin H. Stuckert,
and the heirs of Benjamin H. Stuckert.
deceased. are defendants, plaintiff $
cause of action, briefly stated, is as
follows: Plaintiff sues all the de
fendents in t-espass to try title for the
ute and possession of survey No. Z. In
block E2, certificate No. So. y a b. in
Lubbock county. Texas. patented to
Samuel FINLEY, Jr.. by patent No. -,
volume 81 containing $40 acres, plain
tif alleges his chain Of title as follows:
The patent from state 10 Samuel Tin
ley. Jr.. above set out: deed from
Samuel Finley and wife to r. NJ. Pow
I'll and +. L. Gage, deed from f. NJ.
Powell and +. l.. Gage to Benjamin II.
Stuckert. deed from W NJ Lay. tax
collector. 20 T. J. Murnane, deed from
w NJ. Lay, tax collector 10 Chas.
Archer; deed from Chas. Archer % T.
J Murnane; deed from T. J Murnanc
toJ. e. Mohey: deed from ]. B. Mob
ley TO r +. Wheelock: deed from r. +.
Wheelock 10 J. X. Caraway. Plaintiff
alleges that he and those under whom
he holds, have had and held peaceable,
adverse and continuous possession, un-
der title and color Of title, from and
under the state Of Texas, the land
above described for more than three
years next after the accrual OF the
cause OF action Of the defendants, and
for more than three years before the
Ming Of this suit And further alleges
that he and those under whom he holds.
have had and held peaceabe. adverse
and continuous possession n the land
above described. cultivating using and
enjoying the same. under deed and
deeds duly registered. paying all taxes
due thereon for more than FIVE years
after the accrueal Of the cause OF ac-
ton Of defendants. and for more than
five years before the fling this suit And
plaintiff further alleges that he and
those under whom he holds, have had
and held peaceabe, adverse and con
tiruous possession of the land above
described. culs~~-f-x.. using and en-
joying the Sefne for a heriod OF more
than ten<ears before the fling Of this .
suit. ANkng taken and held said land
undeH written memorapium Of title. 4
specifying the boundaries thereof,
dap} April 3rd. 1901. Prayer tina, all
the defendants be citeV TO appear and
snsyer the petition abd for title and
POSSESSION Of the landsned for. and that
the title by Limitations be established.
and tor all other Yhef. special and gen
YouNxs bss<by further commanded
10 serve this citation BY publishing the
same once each week FOR eight success
sve weeks previous 20 the return
day hereof in q newspaper published in
Lubbock county. Texas: but n there be
no newspaper published therein. then
in a newspaper in the nearest county T
where one IL published.
Herein fail not. bot have you before
SAID court. on the said first day Of the
next term thereof, this writ with your
return thereon. showing how YOU have
executed the same.
Witness, J. A. Wilson. clerk district
court Of Lubbock county. Texas
Given under my hand and the seal Of
sail court, st Office in city Of Lubbock.
Texas. this the 9Th day OF August.
1912.
Seal J. A. Wilson. II
Clerk district court. Lubbock County.
Texas.
BY c. +. STuBBs.
81 Deputy.