The Lubbock avalanche. (Lubbock, Tex.) 1909-1922, 1912-08-29
Citation BY Publication
To the sheriff or any constable of l.

To the sheriff or any constable of Lub-
book county, Texas, greeting:
You are hereby commanded TO sum
mon Benjamin H. Stuckert, and
the heirs of Benjamin H. Stuckert, de-
ceased. the names of said heirs being
unknown, TO appear at the next regular
term of the distric. court of Lubbock
county, Texas, TO 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. ID. 1912. in
a cause. numbered on the docket of said
court, No. 500, wherein J. X. Caraway
is plaintiff, and Benjamin III. Suckert,
and the heirs of Ben amin H. Stuckert,
deceased, are defendants, plaintiff
cause of action, briefly stated, is as
follows: Plaintiff sues all the de-
fendents in t-esDass to try title for the
title and possession of survey No. Z, in
block E2, certificate No. So, B. 4 b. in
Lubbock county, Texas, patented to
Samuel FINLEY, Jr., by patent No. 20,
volume 81; containing GAO acres; plain
tiff alleges his chain of title as follows
The patent from state to Samuel Tin
ley, Jr., above set out; deed from
Samuel FINLEY and wife TO f. NJ. Pow
ell and +. l.. Gage; deed from +. M.
Powell and +. l.. Gage to- Benjamin II.
Stuckert; deed from W. NJ. Lay, tax
collector, TO T. j. Murnane: deed from
W. M. Lay, tax collector to Chas.
Archer; deed from Chas. Archer 10 T.
J. Murnane; deed from T. j. Murnane
TO j. B. Mobley; deed from J. B. Mob
ley TO F. +. Wheeock deed from +. r..
Wheelock TO J. X. Caraway. Plaintiff
alleges that he and those under whom
he holds, have had and held peaceable.
adverse and continuous possession, I'M
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
filing of this suit And further alleges
that he and those under whom he holds,
have had and held peaceable. adverse
and continuous possession of the land
above described, cultivating, using and
enjoying the same. under deed and
due thereon for more than FIVE wears
after the accrueal of the cause Of ac-
ton of defendants, and for more than
five years before the filing this suit And
plaintiff further alleges that he and
those under whom he holds, have had
and held pesceable. adverse and con
tiruous possession of the land above
described, cultivating, using and en-
joying the same for a period of more
than ten years before the filing of this
suit. having taken and held said land
under written memorandum of title,
specifying the boundaries thereof.
dated April Bird. 1901. Prayer that all
the defendants be cited 10 appear and
answer the petition. and for title and
of the land sued for. and that
the title by limitations be established,
and for all other relief. special and gen
sral. -
You are hereby further commanded
% serve this citation by publishing the
'ame once each week for eight success |
ave weeks previous 10 the return ,
lay hereof in a newspaper published in
lubbock county Texas but If there be
10 newspaper published therein. then
n newspaper in the nearest county
where one is published ,
Herein fail not, but have you before
aid court, on the said first day of the !
ext term thereof, this writ with your
eturn thereon, showing how you nave !
xecuted the same.
Witness, J. A. Wilson. clerk district
curt of Lubbock county. Texas.
Given under my hand and the sea of &
aid court, at Office in city Of Lubbock, :
exas. this the 9th day of August. :
9l2
Seal J. A. WILSON, I
Jerk district court, Lubbock County,
Texas. Z
BY {. F. STUBS. :
- Deputy.
ID. {. Worsham is in Glazler, b
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