The Lubbock avalanche. (Lubbock, Tex.) 1909-1922, 1912-10-17

10 the sheiin or any constable OF Luh
book county. Texas, greeting
You are hereby commanded 10 sum.
mon Benjamin H. Stuckert, and
the heirs Of Benjamin n. Stuckert, de.
ceased. the names Of SAID heirs being
unknown, 10 appear at the next regular
term Of the district court Of Lubbock
county. Texas. 10 be holden az 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 a 20.
tition >~k in said court on
the ~ aay Vgust. A; D. 1912, il
esuA numberet on the docket Of said
court, No. 659, vi Frein j. X. Carswsy
isplslntN and fnismin u Stuckert,
and the hs1sal<enj amin II. Stuckert,
deceased, are defendants. plaintiffs
cause of action. briefly stated. is as
follows: Plaintiff sues an the de
fendents in tsespass 10 try title for the
title and possession Of survey No. 7. in
block ~. certificate No. S.. r. 4 Il. IN
Lubbock county, Texas, patented TO
Samuel Finley, Jr., by patent No. ~.
volume 81; containing $40 acres; plsir
III alleges his cham Of title as follows:
The patent from state 10 Samuel Tin
ley. Jr., above set out. deed from
Samuel FINLEY and wife 20 T.. w. Pow
ell and y. /. Gage; deed from r. ".
Powell and r. l.. Gage 10 Benjamin n.
Suckert. deed from W. NJ. Lay, tax
collector, 10 T. j. Murnane. deed from
W. NJ. Lay, tax collector 20 Chas
Archer: deed from ChAs. Archer 10 II.
j. Murnane: deed from T. j. Murnane
TOT. u. Mobley, deed from J.. r. Mob
ley toF +. +. Wheelock deed from r. 4.
Wheelock 10 J. X Caraway. Plaintiff
alleges that he and those under whon,
he holds. have had and held psaceable. 4
adverse and continuous possession, url
der title and coiOr Of title. from and
under the state Of Texas. the land
above described for more than three !,
years next after the accruai OF the
cause Of action Of the defendants. and
for more than three years before the
fling 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 accruea. Of the cause Of ac-
ton Of defendants, and for more than
five years before the fling 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
eultivating, using and en-
joying the same for . period Of more
than ten years before the fling Of this ,
suit. having taken and held said land
under written memorandum Of title,
specifying the boundaries thereof.
lated April Srd. 1901. Prayer that ali
he defendants be cited to appear and .
Answer the petition. and for title and !
Of the land sued for, and that
he title by limitations be established, (
'ral." :
You are herchy further commanded
o serve this citation BY publishing the !
anne once each week for eight success
i've weeks previous TO the return
icy hereof In Newspaper published In :
lubbock county. Texas: but II there be =
% newspaper published therein. then .
D . newspaper IN the nearest county &
shere one Is published. y
Herein fail not, but have you before )
aid court. on the said first day Of the :. J.
ext term thereof, this writ with your q
eturn thereon. showing how you have d
xecuted the same. n
Witness. J. A. Wilson. clerk district \
ourt Of Lubbock county. Texas. "
Given under my hand and the seal Of
all court. at Office In city Of Lubbock. Il