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

To the the sheriff or any constable OF
/ Lubbock county greeting.
I You are hereby commanded 20 sum
mon the unknown heirs, and successor
Of the estate of James G.. Burke de.
ceased) by making publication Of thi.
citation once in each week for eight sue
cessive weeks previous to the return
| day hereof, in some newspaper publish
ed in your county n there be a news
paper published therein. but II not
then IN any newspaper published in the
Seventy second Judicial district but
Z n there be no newspaper published
IN said Judicial district. then in a news.
paper published IN the nearest district
10 said seventy-second judicial district,
10 appear az the next regular term OF
the district court Of Lubbock county.
10 be holden ~ the court house thereof,
IN Lubbock Texas. on the second Mon
day in November A. d. 1912. the same
being the Eleventh day Of November A.
ID. 1912. then and there 20 answer a
petition filed IN said court on the Tween
" fourth day Of May A. ID. 1912. IN a
suit. numbered on the docket Of said
court No. 662. wherein FL Mccarthy il
plaintiff and the unknown heirs and
successors OF the estate Of James G.
Burke (deccased) are defendants. and
said petition alleging that heretofore
tO-wit on or about the 9Th day Of
September. 1890 James c. Burke who
was a resident citizen Of Galveston,
Texas. died interstate in said Galveston.
Texas, and his estate was duly adj
ministered r the probate court Of
Galveston county. Texas. and said adj
ministration was closed on or about the
oath day Of September, 1903.
That during the tendency Of said al
ministration, there was awarded unto
the firm Of Weeks. Mccarthy & Co. a
co partnership firm OF said Galveston.
Texas, their claim and demand against
said estate, In the sum OF two hundred
and twelve 4 25-luO dollars, upon
which the administrator paid the sum
OF SlOI. 81. leaving balance due upon
said claim. OF the sum Of Sl04 50 The
said claim n unpaid and Is long past
due, and Il now the property of this
plaintiff by virtue Of assignment from
the former owner and holder thereof
That during the tendency Of said adj
ministration. there was awarded to
Sue +. Baker. her claim against said
estate. IN the sum Of three hundred and
ninety-eight 4 6s-l00 dollars. upon
which the administrator Of said estate
paid the sum Of S202 ~, leaving a bal
snce due upon said claim, the sum Of
Sie6. 20. The said claim IN Just IL long
past due and Is unpaid and is 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 clerk : Office Of Lubbock county,
Texas. on the 9th day OF May 1912.
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. l3s ia. and las. Of
county school lands, situat-
I'd in Cochran county, Texas, and
more fully described in the deeds Of
county. TO G. T. Oliver,
bearing the date October s. 1891. re-
corded in book No /, pages 253-25t-255
IN the office Of the county clerk of Lub- Z
book county. Texas. TO which deed
reference Is here made for fulldescrip- /
ton.
wherefore plaintiff prays that de-
fendents be cited to answer this petit /
ion. and that he have judgment Of 1
foreclosure for his debt. with lawful I
interest from September oath. 1898.
and costs of suit and that he I
nave his order of sale Of said described 1
ands and for such other and further re- /
ief as he may be entitled 20.
Herein fail not. but have before said 1
,ourt at It's aforesaid next regular 1
term. this writ with your return
thereon. showing how you have exc
.uted the same.
Given under my hand and the seal
II said court nj Office in Lubbock. I
Texas. this the nth day Of August. A.
D. 1912
J. A. WILSON.
Clerk. district court. Lubbock county. |
Seal BY c. r. STuBRs.
81 Deputy. /
See 20 B<fford for monu.
nents All wdnk guaranteed h2tf /