The Lubbock avalanche. (Lubbock, Tex.) 1909-1922, 1912-09-05
Citation By Publication

/ To the the sheriff or any constable OF
Lubbock county greeting.
/ You are hereby commanded 10 sum
mon the unknown heirs. and successors
Of the estate of James G. Burke de
ceased) by making publication of this
citation once in each week for eight sue
cessve weeks previous 20 the return
/ day hereof. in some newspaper publish
ed in your county II there be news
paper published therein. but IL not.
| then in any newspaper published In the
Seventy second Judicial district. bu,
In there be no newspaper published
in said Judicial district then IN news
paper published in the nearest district
Z 70 said seventy-second judicial district;
20 appear az the next regular term Of
the district court Of Lubbock county,
20 be holden az 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 10 answer a
petition filed in said court on the Tween
~ fourth day Of May A. d. 1912. IN a
suit. numbered on the docket of said
court No. 6f2. wherein I'd Mccarthy IL
plaintiff. and the unknown heirs ard
successors Of the estate Of James G..
Burke ldeceasedj are defendants. and
said petitio alleging that heretofore
to wit. on or about the sth day Of
September, 1909 James G.. Burke who
was a resident citizen Of Galveston.
Texas. died intestat- in said Galveston.
Texas. and his estate was duly ad.
ministered in the probate court Of
Galveston county. Texas. and said adj
ministration was closed on or about the
oath day ~ September. 1903.
That during the tendency of said adj
ministration, there was awarded unto
the firm Of Weeks. Mccarthy a Co. a
co partnership firm Of said Galveston.
Texas, their claim and demand against
said estate, IN the sum Of two hundred
and twelve q 25-lUO dollars, upon
which the administrator paid the sum
Of sl07. 81, leaving balance du. upon
said claim. Of the sum Of Sl04 SO. The
said claim is unpaid and is long past
due. and Is 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 r. Baker. her claim against said
estate, IN the sum of three hundred and
ninety-eight 4 6s-lOo dollars. upon
which the administrator Of said estate
paid the sum Of soc. AZ. leaving a bal
ance due upon said claim. the sum Of
Sle6. ~. The said claim IN Just is 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 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 a lien upon the
real property Of the said James G..
Burke. deceased. which il situated in
said county, and in Cochran county.
Texas, which is attached TO Lubbock
county for Judicial purposes.
That at the death Of said James q.
Burke, he was the owner in fee simple
of the following lands to-wit:
Leagues Nos. 1873. 1874. and l35. of
Armstrong county school lands. situat.
ed in Cochran county, Texas. and
more fully described in the deeds of
Armstrong county. TO G. i. Oliver,
bearing the date October s. 1891. re-
corded in book No. |, pages 2b3-25t-255
in the Office of the county clerk of Lub-
book county, Texas. to which deed
reference is here made for full descrp-
ton.
wherefore plaintiff prays that de-
fendents be cited TO answer this petit
ton. and that he have judgment OF
foreclosure for his debt. with lawful
interest from September oath. 1903,
and costs of suit and that he
have his order Of sale Of said described
lands and for such other and further re-
lief as he may be entitled TO.
Herein fail not. but have before said
court, at It's aforesaid next regular
term. this writ with your return
thereon. showing how YOU have exc
cuted the same.
Given under my hand and the seal
Of said court, at office In Lubbock.
Texas. this the 18th day Of August. A.
ID. 1912.
J. A. WILSON.
Clerk. district court. Lubbock county,
[Seal BY G. +. Srunns.
: 49, Deputy
ments all woq Guaranteed. S2tf