The Lubbock avalanche. (Lubbock, Tex.) 1909-1922, 1912-09-12
Citation by Publication

To the sheriff or any constable Of Lub-
book county, Texas. greeting:
You are hereby commanded to sum
mon Benjamin II. Stuckert, and
the heirs of BENJAMIN II. Stuckert. de-
ceased. the names of said heirs being
unknown, to appear at the next regular
term Of the district 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. d. 1912, IN
cause'numbered on the docket Of said
court, No. 669, wherein ]. X. Caraway
is plaintiff, and Benjamin H. Stuckert,
and the heirs of Benjamin II. Stuckert
deceased, are defendants, plaintiffs
cause Of action, briefly stated, is as
follows: Plaintiff sues all the de-
fendents in t-espass to try title for the
title and possession Of survey No. z, in
block E2, certificate No. SIS, 3. K B. in
Lubbock county, Texas, patented TO
Samuel FINLEY, Jr., by patent No. %.
volume 81; containing $40 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 10 +. NJ. Pow
ell and +. L. Gage; deed from Z. M.
Powell and f. l.. Gage to Benjamin II.
Stuckert: deed from w. M. Lay, tax
collector. to T. j. Murnane; deed from
w. M. Lay, tax collector TO Chas.
Archer; deed from Chas. Archer to T.
J. Murnane; deed from T. j. Murnane
10 j. 3. Mobley: deed from j. B. Mob
lev TO +. T.. Wheelock. deed from +. +.
Wheelock TO 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
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
deeds duly registered. paying all taxes
due thereon for more than five years
after the accrueal of the cause Of &c
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 peaceabe, adverse and CON
tiuuous possession of the land above
described, cultivating, using and en-
Toying the same for period of more
than ten years before the filing OF this
suit, having taken and held said land
under a written memorandum of title,
specifying the boundaries thereof,
dated April Bird. 1901. Prayer that all
the defendants be cited to appear and
answer the petition, and for title and
possession Of the land sued for and that
the title by limitations be established.
and for all other relief, special and gen
eral. +"
You are hereby further commanded
10 serve this citation by publishing the
same once each week for eight success
sive weeks previous to the return
day hereof in newspaper published in
Lubbock county Texas: but II there be
no newspaper published therein, then
i'm a newspaper in the nearest county
where one is published.
Herein fail not, but 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.
l.. L..l .rsI tka nf
said court, at office in city of Lubbock.
Texas, this the 9Th day OF August,
1912.
lSeall J. A. WILSON,
Clerk district court Lubbock County.
Texas.
By c. F. STUBS.
q a..