The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1914-04-11
CITATION BY PUBLICATION.


", greeting: You are hereby COM
manded to summon John 4. Camp
bell, the unknown heirs OF dohh
R. Campbell, deceased, Daniel bog-
ers, and the unknown heirs of Dan
iel Rogers, deceased, by making
publication of this citation once IN
each week for eight successive
weeks previous to the return DAY
hereof, in some newspaper published
! in your county, to appear at tue
uext regular term OF the district
| court of Ellis county, 70 be holden
at the court house thereof, N
Waxahachie, on the first Monday n
| May, A. d. 1914. the same beng
the fourth day of May, A. d. 1914,
! then and there to answer a petl-
| ton filed in said court on the
twenty-fifth day Of May, 4. u, 1914,
in suit, numbered on the docket OF
| said court No. 8T04, wherein }.
C. Stiles is plaintiff. and said John
| r. Campbell. the unknown heirs OF
John r. Campbell deceased, Daniel
Rogers. and the unknown heirs Of
Daniel Rogers, deceased, are defend
ants, and said petition alleging in
substances: That plaintiff is the
owner in fee simple, and in posses
sion OF and entitled to the posses
sion Of tract of AZ IL acres of
land. situated in Ellis county, Tex
as, on the waters OF Chamber, :
creek. being part of the jackson
! Riley 220 acre survey. abstract No
| 919, fully described by metes and
bounds in said plaintiffs petition,
being a part of a 12S Il acre tract
| decided by T. j. Quinn to Daniel
| Rogers, John F. Campbell and John
| Il. Campbell, by deed dated August
Is, 1872, recorded in volume L,
page 16, of the deed records of said
Ellis county, and being the same
| land conveyed and described in
deed from John f Campbell and
| wife, Martha A. Campbell, to F. s.
Williams, dated March Il, 1913, fill
| ed for record March 3. 1914, in the
office of the county clerk of sad
| Ellis county. Thai plaintiff claims
| and deraigns title 10 said AZ u
acre tract through a regular and
| consecutive chain OF title from the
! sovereignty of the soil That said
| Daniel Rogers, John +. Campbell,
and John r, Campbell, purchased
said l28 IL acre tract from said I.
~. Quinn, and on or about August
u, 1881, had aud made a partition
thereof between themselves, a por-
ton of said IFS IL acre tract NOT
in controversy herein being allotted
aud set apart to said Daniel Roger
another portion thereon not Ill coa-
troversy herein was allotted to said
John r. Campbell, and the remain
ing portion thereof, being the same
land in controversy herein was al
lolted to said John T. Campbell
through and under whom plaintiff
deraigns and claims title. That
said three parties, joined by theil
wives for the purpose Of efiectine
and evidencing said partition exc
cuted deeds to each other, eXecut-
ed 10 each other deeds to the
lands SO allotted and parttioned
and said John r. Campbell and
Daniel Rogers and their wives exc
cuted and delivered to said John
r. Campbell a deed to said ~ l.
acres in controversy. but the fielt!
notes to same imperfecty describe
the lands 50 intended to be coHyes
ed, thereby creating a cloud OF
said title That even though said
deed was insufficient, yet said YER
bal partition between said Daniel
Rogers, John Il. Campbell, and
John +. Campbell, was good as .
verbal partition, and Invested all
title and claim thereto to said land
out of said Daniel Rogers and John
K. Campbell. That SAID John +.
Campbell took Immediate posses
sion of said land so allotted to him
and said partition had been ac-
guessed in by all parties to said
partition, and that neither of sad
defendants or any parties claiming
under them have since asserted CT
claimed any right, title, OF inter
est in said AZ u acre tract.
| That in addition to his title to
said land shown by consecutive
chain OF title as above set forth
plaintiff AYERS that he has good and
perfect title thereto by reasons of
the statutes of ten, five, and three
years limitation, alleging that h
and those under whom he claims
and deraigns title. and through
said John r. Campbell, have been in
actual, exclusive, visible, open,