The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1914-05-02
CITATION BY PUBLICATION.

STATE OF TEXAS. To the sher
if or any constable of Ellis coun-
y, greeting: You are hereby COM
manded to summon John X. Camp
bell. the unknown heirs of John
r. Campbell, deceased, Daniel Ros-
, ers, and the unknown heirs of Dan
lei 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 the
next regular term OF the district
court of Ellis county, to be holden
IT the court house thereof, N
WaXahachie, on the first Monday in
May, A. b. 19I4. the same being
the fourth day Of May, \. d. 1911,
then and there to answer a peti-
ton filed in said court on the
twenty-fifth day OF May, A, d. 1911,
in a suit, numbered on the docket of
said court No. 8704, wherein ].
c. Stiles is plaintiff, and said John
! K. Campbell, the unknown heirs, of
John X. 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 possess
sion Of and entitled to the posses
| sion of a tract of ~ l. acres of
land, situated in Ellis county, Tex
as, on the waters of Chambers
creek, being d part of the Jackson
/ Riley 220 acre survey, abstract No.
/ 80, fully described Uy mctes aad
/ bounds in said plaintiffs petition,
being part Of a 12S IL acre tract
decided by T. j. Quinn to Daniel
| Rogers, John +. Campbell and John
! X. Campbell, by deed dated August
l6, 1872, recorded in volume Il. >"
page 16. Of the deed records of said
Ellis county, and being the same
land conveyed and described in
deed from John T, Campbell and
Wife, Martha A. Campbell to +. s.
! Williams, dated March Is, 1913, fill
ed for record March 3, 1914, in the
office of the county Clerk of said
Ellis county That plaintiff claims
and deraigns tide to said AZ IL
acre tract through regular and
consecutive chain of title from the
sovereignty Of the soil, That said
! Daniel Rogers, John F.. Campbell,
and John Il. Campbell, purchased
/ said l28 IL acre tract from said 7,
J. Quinn, and on or about August
y, 1881, had and made a partition
thereof between themselves, a por-
tlon of said 12S 1-2 acre tract not
! in controversy herein, being allotted
and set apart to said Daniel Rogers,
another portion thereon not in con
!, troyersy herein was allotted to said
John r. Campbell, and the remain
| ing portion thereof, being the same
land in controversy herein was al
lotted to said John F. Campbell,
| through and under whom plaintiff
deraigns and claims title That
/ said three parties, joined by their
1 wives for the purpose of effecting
and evidencing said partition exc
euted deeds to each other, execut-
ed to each other deeds to the
lands so allotted and partitioned,
and said John X. Campbell and
Daniel Rogers and their wives exc
| cuted and delivered to said John
+. Campbell a deed to said AZ IL
acres in controversy, but the field
notes to same imperfectly describe
the lands so intended to be convey
! ed, thereby creating a cloud on
said title. That even though said
| deed was insufficient, yet said YER
bal partition between said Daniel
Rogers. John X. Campbell, and
Jchn L. Campbell, was good as a
4 verbal partition, and Invested all
4 title and claim thereto to said land
4 out OF said Daniel Rogers and John
! f. Campbfll That said John F.