The Lubbock avalanche. (Lubbock, Tex.) 1909-1922, 1912-05-23

The State Of Texas.
To the Sheriff or any Constable of
Lubbock County, Greeting
You are hereby commanded b. sum
mon James +. Banister, Mary A.
Rainey. billiard A. Rainey. Martha
Talkington, Glenn darlington, Jane
Bivens. Jennie T. Banister, Emory T.
Banister. Mae Y. Verbarg and Joseph
W. Verbarg, by making publication of
this citation once IN each week for four
successive weeks previous 10 the re-
turn day hereof. in some newspaper
published IN your county. II there be
newspaper published therein. but If
not then in any newspaper published in
the seventy -second judicial district but
If there be no newspaper published
N said judicial district, then IN 4
newspaper published IN the nearest DIS
trict 10 said seventy judicial
district, 10 appear at the next regu-
lar term of district court of Lubbock
county, 10 be holden az the court house
thereof in Lubbock. on the second
Monday in November, 1912, the same
being the eleventh day of November,
1912, then and there 10 answer aSS.
ton filed IN said court on NJ Bin
day Of May 1912, in a suitEmbered
on the docket Of said cou( No. go
wherein Revel +. BansteN is plain
tiff and James +. Banister SAlary A.
Rainey. billiard a. Rainey, NS~&
darlington. Glenn Talkngton, Jane
Bivens. Jennie 7. Banister. Emory T.
Banster. Mae V. Verbarg and Joseph
w. Verbarg are defendants SAID peti-
ton alleging that the said plaintiff and
the defendants are all residents of the
State Of Indiana; that they are the
Joint owners Of three certain tracts
of land, two situated IN the county of
Lubbock and one in the county of
Lynn. in the state of Texas Of the
estimated value of twelve thousand
dollars the first being a survey Of
six hundred and forty acres IN Lub-
book county. known as survey num-
Der nineteen in block c. g., the
second a survey Of six hundred and
forty acres also in Lubbock county,
known as survey number seventeen in
block c. b.. and the third a survey of
six hundred and forty acres m Lynn
county known as survey number five
in block u. twenty. that James r.
Banisteg, Mary l.. Rainey, Martina
Talkngton and Jane Bivens each owns
one-hfth interest therein. that Jen-
ME j. Banister owns an estate for life
in one third of one-ifth interest
therein with remainder To Emory T.
Banister, Mae V. Nerbarg and Revel
r. Banister and that Emory 7 Banis-
ter. Mae V. Nerbarg and Revel F..
Banister each owns an interest OF
two forty-fifths absolutely and each,
also remainder interest of one
forty-ffth after the expiration Of the
life estate Of Jennie canister, that
the defendants have refused 10 join
the plaintiff iu an amicable partition
Of said lands. that said lands are not
susceptible Of partition IN kind. that
that said lands are uuincumbered, save
for deed OF trust executed by the
plaintif upon his undivided interest
therein 10 secure Mae Y. Ncrbarg in
the payment Of a debt Of three hun
dred and hfty dollars. and praying Tor
the sale Of said lands fO7 partition or
for the partition 0f the same w Kind
and for general relief
Herein fail not. but have you before
said court. "a is aforesaid next regular
term. this writ. with yusr return there
on. showing hoe you have executed
the same
Witness. J A. Wilson. CLERK Of the
Dlsulct Court Of Luhboek Comfy
fekas.
Given under my hand AMI seal of
sal court 40 office In -ubhock. ih|s
fhr lafh iay of MAJ, a. ID 1912
! A. WilHnN
Clara. 0iafnct Court i.abbcgk County
Tease y ~