The Lubbock avalanche. (Lubbock, Tex.) 1909-1922, 1912-08-29
Citation By Publication
The state Of Texas

TO the the sheriff or any constable OF
Lubbock county greeting:
You are hereby commanded TO sum-
mon the unknown heirs, and successors
Of the estate of James G.. Burke de
ceased By making publication OF TINS
citation once IN each week for eight sue
cessive weeks previous To the return
day hereof. in some newspaper publish
ed in your county u there be news
paper published thereirs but II not,
then in any newspaper published m me
Seventy second Judicial district, but
II there be no newspaper published
IN said Judicial district, then in news
paper published in the nearest district
10 said seventy-second Judicial district,
20 appear AZ the next regular term OF
the district court Of Lubbock county,
10 be holden AZ the court house thereof,
M Lubbock. Texas. on the second Mon
day IN November A. d. 1912. the same
being the Eleventh day Of November A.
ID 1872. then and there 20 answer a
petition Sled in said court on the Twen-
ty- fourth day OF May a. d. 1912. m a
suit. numbered on the docket OF said
court No. G62. wherein FL Mccarthy "
plaintiff. and the unknown heirs and
aiccsssors 81 the estate OF James ~.
Rurk. fdeceasedl are defendants. and
said petition alleging that heretofore
wit on or about the sth day OF
September. 1900 James c. Burke who
was a resident citizen Of Galveston
Texas. died intestat, In said Galveston,
Texas, and ms estate was duly adj
mnistered IN the probate court OF
,s-t..... -. -. d.. IA aid tH
ministration was closed on or about the
oath day Of September, 1903.
That during the pendency OF SAID All
ministration, there was awarded unto
the firm Of Weeks. Mccarthy q Co., a
co partnership firm Of said Galveston,
Texas. their claim and demand against
said estate. In the sum of two hundred
and twelve & 25-i0 dollars, upon
which the administrator paid the sum
of SlO7. Sc, leaving balance due upon
said claim. OF the sum Of SlOi. 6S. The
said claim is unpaid and IL long past
due. and Is now the property Of this
plnintin BY virtue Of assignment from
the former owner and holder thereof.
That during the pendency of said adj
ministration. there was awarded 10
. Sue 4. Baker. her claim against said
estate. in the sum Of three hundred and
ninety-.ight & 6s-lOo dollars, upon
which the administrator of said estate
paid the sum Of S2o2 -. leaving a bal
ance due upon said claim. the sum OF
sl96. 20. The said claim is just il long
past due ana Is unpaid and il now the
property Of this plaintiff by virtue Of
assignment from the former owner and
holder thereof.
That a transcript of said judgment
and claim. was duly filed and recorded
in the clerks office Of Lubbock county,
/ Texas. on the 9th day of May. 1872.
and thereby became lien upon the
real property Of the said James g.
Burke. deceased. which is situated IN
said county. and IN Cochran county
Texas, which IL attached TO Lubbock
county for judicial purposes.
That at the death of said James g.
Burke. he was the owner in fee simple
OF the following lands to-wit:
Leagues Nos. 1873. 1874, and lbs. OF
Armstrong county school lands. situst.
ed in Cochran county. Texas. and
more fully described In the deeds OF
Armstro0R cOanty, 10 G. L. Oliver.
bearing IL date October 8. 1891, re.
corded In book No. |. pages 253-25i-25S
in the 0(Ilce Of the county clerk of Lub'
book csunty. Texas. to which deco
referenesi = here made for full deserip
ton.
wherofocs plaintiff prays that de
fendents - citsd to answer this peti
ton. ard thnt he have judgment Of
foreclosuro for his debt. with Lawful
interest fnum September oath, 1908
and cooos Of suit and that he
have his order a sale Of said describes
lands ard for snch other and further re
lief A. he nay b. entitled TO:
Herein fall not. but have before sais
court, at IL Aforesaid next regula
term, this wit with your return
thereon. shOviag how you have exc
Given unior NJ hand and the sea
of said court, q Office in Lubbock
Texas. this IL I7th day Of August, A
ID. 1912.
J. A. WILSON.
Clerk. distsiet cosrt, Lubbock county
[Seall ~ c. =. Srunas.
81 Deputy
Sheriff Flynn paid Slaton
| I'LL l..s 49,. >.l C.f..r.lav