The Lubbock avalanche. (Lubbock, Tex.) 1909-1922, 1912-09-26
Citation By Publication

To the the sheriff or any constable OF
Lubbock county greeting:
You are hereby commanded TO sum
mon the unknown heirs. and successors
of the estate of James G. Burke (Dc-
ceasedD by making publication Of this
citation once in each week for eight sue
cessive weeks previous TO the return
day hereof. in some newspaper publish
ed In your county II there be news
paper published therein, but II not,
then in any newspaper published in the
Seventy second Judicial district, but
II there be no newspaper published
in said judicial district, then in news
paper published in the nearest district
10 said seventy-second Judicial district
10 appear at the next regular term OF
the district court Of Lubbock county,
% be holden az the court house thereof,
in Lubbock, Texas, on the second Mon
day in November A. ID. 1912. the same
being the Eleventh day Of November A.
D. 1912, then and there 10 answer a
petition fled in said court on the TWEEN
ty-fourth day of May A. d. 1912. in a
suit. numbered on the docket Of said
court No. 662. wherein Ed Mccarthy is
plaintiff. and the unknown heirs ard
successors Of the estate Of James G..
Burke (deceased) are defendants, and
said petition alleging that heretofore
to wit. on or about the sth day Of
September, 1900. James G. Burke who
was a resident citizen Of Galveston,
Texas. died lntestate in said Galveston,
Texas, and his estate was duly adj
ministered in the probate court Of
Galveston county. Texas and said ad-
ministration was closed ON or about the
oath day Of September, 1903
That during the tendency Of said ad-
ministration. there was awarded unto
the firm Of Weeks. Mccarthy 4 Co. q
co partnership firm Of said Galveston.
Texas, their claim and demand against
said estate. IN the sum OF two hundred
and twelve & 25-lO0 dollars, upon
which the administrator paid the sum
of Sl07 81 leaving balance due upon
said claim. Of the sum of SlOi. 63 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 uwner and holder thereof
That during the pendency Of said ad
there was awarded %
Sue r Baker. her claim against said
estate, IN the sum OF three hundred and
ninety -eiyhte~> IS 100 dollars, upon
which ~ administrator OF said estate
paid ~ sum Of sel2 ls. leaving bal
ance dhe upon said claim. the sum Of
slsS. - The said tlaim is just is long
past de and is ufpaid and Is now the
property Of thixblaint'f by virtue Of
assignmssstty6m 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.
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 is attached TO Lubbock
county for Judicial purposes.
That at the death Of said James 9. I
Burke, he was the owner in fee simple /
" the following lands to-wit:
Leagues Nos. i33. 1874. and l35. OF
Armstrong county school lnnds. situat- |
Il in Cochran county. Texas. and /
more fully described in the deeds Of 4
Armstrong county, to G. +. Oliver. /
bearing the date October :. 1891, re-
'oried in book No. / pages 2b3-25l-255 /
n the Office Of the county clerk Of Lub-
,ock county, Texas. TO which deed
eference is here made for full descrip-
ion.
wherefore plaintiff prays that de-
endents he cited to answer this petit
ion. and that he have judgment Of
foreclosure for his debt. with lawful
interest from September oath, 1903,
md costs Of suit and that he
ave his order OF sale Of said described
ands and for such other and further re
ef ss he may be entitled tn.
Herein fail not, but have before said
curt. at It's aforesaid next regular
ERIN, this writ with your return
hereon. showing how you have exc
uted the same.
Given under my hand and the seal
( said court, At office in Lubbock,
'exas, this the nth day Of August, A.
}. 1912.
j. A. WILSON.
Clerk, district court. Lubbock county. .
seaI BY C. r. STuBBs.
~ Deputy.