El Paso herald. (El Paso, Tex.) 1901-1931, 1917-04-07


each week for four successive weeks previous
TO the return day hereof. in some news
paper published in your county. TO appear at
the next regular term OF the Forty-first
10 be holden at the courthouse thereof. in
III Paso. Texas, on the first Monday in
Nay. 4 D.. 1917 the same being the eth
day OF Nay, A, D.. 1917. then and there 10
answer plaintiffs first amended original
petition filed in said court the eth
day Of April A D.. 1917 in 4 suit on the
docket Of said court. numbered 1850. where
in J. ". Eubank Is plaintiff and
Powell B. Akers Laura Edna Made
Lucy Al1ers well
John R Aiser- Eliza NJ. a. White
Ecua A Holder head
George G Holder Bert N whitehead
Eel Ake-s John B Akers
Laura Akers FaunFbet A Hur,u-
Mrs s ? Celsor fus
sue Bray John u. Humphfrs
r. D Brs- j. II Eubank
Mrs 7 T Bray C. Il Eubank
Charlie ". Bray Safia = Downing
" L Bray W T. Downing
T. H Bray 3 P Eubanks
; = Bray Lucy Akers Vance
Pamela y Brown J. W Vance
Russell Hulse Edna Akers
Sailie y Roark C-arrfa sExers
Mrs Russell Hulse Pearl Alzers
Ms Charles P. Live Laura Akerx
say Burton Akers
GhsFi S P. Live'ay Ellen Akers gentry
Johnnie o. B5ay Jack Gentry
Albert T NadeyveiI
are defendants. said petition having ths
following allegations.
All OF the defendants are non-residents %
the state Of Texas With the exception OF
Laura ASers. Albert T Madeweii Laura
Edna Mcdowell Eliza NJ a Whitehead,
Burt n whitehead. John 2. Akers Fanri-
bet A HumphUs- and John n Humphus
who reside in Navarro County Texas: J.
H Eubank- who resides IN r PaSo County
Texas. and C. + Eubanlz. who resides n
'elferson county. Texas. and plaintiff. who
resides IN Fl Paso County. Texas is entitled
q p Tfr-fE -
twentieth G-2O) interest in the following
aescribed real property situated in r Paso
County Texas. towit-
beginning at point on Aceouis from,
Which Cottonwood IS inches in diameter
marked \ bear 5. soE z. 10 varss distant:
thence y. 80 ". 10 varaT " aceouia 10 a
point; thence y. 81 East ss9 varas IN ace-
qria 70 a point; thence s. s. z 10 varss
along foothills; thence y S3t. W 57s varas
20 beginning; It being 5. one half Of GER
tain tact OF land conta ming 1873 acres sur
veyed by J. Hu5bell. District Surveyor Of
El Paso and Preside District IS OF record
IN Surveyors office. Book 4 Private sur-
veys % Tsleta. Texas and decided bv cor
poration - Tslets tc Martin G. Aldsrete on
Feb IS 1850 same being conveyed by Mar
TN g Alderete aid wife to said NIarceIo
Bsreia by deed dated July -. 1854 and be-
ing same tract u land conveyed 10 7 "
Lowry by Msrct.lo Barela and wife by deed
dated July IS 1854. and of record IN book
., page so. Deed Records OF II Paso
county. Texas"
ReginninE on the bank Of the Acequia
= p FnrIeT =. h
ard from which p,'int q cottonwood tree
20 inches In diameter bears & e5 degrees
=. II vsras; thence y. s. degrees E 500
varaS 20 near the foo hills and along we'll |
defined border: thence s 10 degrees 50
vaTas; thence : ~ degrees z 14Is varss |
along border: theme : Sc degrees W
or o"rder. thence y - degrees W 200 1
varas again passing the ditch and along /
me bank % the place % beginning. con |
q ming Is acres and 1915 varas OF land \
aud being the same tract ~ land conveyed |
10 J. W Lowry and Iuana Montos%. by deed !
nated August = 1881. and Of record in I
BOOK J. page ~ Of Deed Records IN TT :
"Beginning at y. Z. corner OF tract !
- land IN name OF J. ". Lowry: thence :.
IS degrees ". 435 varas along said Lowry
and to stake; thence s Is degrees z. $50
.aras TO = stake and corner; thence Sc
degrees East. a. varas TO stake
iosrees small 9 Ice 1a-. 'heHes FL: ,,l
n beginning: containing acres
more or less. and being the same tract con-
eyed 70 J W Lowry by lose Garcia 1st. I
md wife. by deed dated May .. 1855 ana /
Z record IN Book c. page 367. Deed Records
Z Fl Paso county. Texas"
Each OF the other defendants Is entitled
o certain undivided interest in the above
described real property. r. y. BRAY. 7. :.
sray' johnnie o. Bray. Carrie Akers. Pearl
Akers Laura Akcrs. Burton Akers and
aura Edna Mcdowell an are minors. and
'laintiff asks that a guardian ed iltem be-
ppointed to represent their interests and
D
My owners OF said land and premises and
ne estimated value OF said land and prem /
ies is approximately $500 90. and said land
nd premises are Incapable o. division IN
ind and II l. for the best interests OF all
artles concerned that receiver be ap-
ointed 70 sell said property and to divide
he proceeds thereof among the above de-
cribed joint owners Of said property in /
ccordance with the respective interests OF
ach OF said parties IN said property. and
iaintff prays that each Of the defendants
e cited to appear. and that a receiver be
ppointed 20 sell said property at public
rivate sale as 10 the court may seem best.
nd To appertiOn the proceeds among said
arties In accordance with the respective
interests Of said parties In said property.
laintin prays Tor costs OF suit and general
nd special relief
nd the above being true statement Of
iaintiffs cause ~ action in said suit
HEREIN FAIL NOT. but have before said
ourt- on the LIST day Of the next term
hereof. this Writ. with your return thereon.
nolging how yoD have executed the same.
WITNESS z. ". MCKINNEY Clerk Of
b. District Court OF TT Paso county
Given under my hand and seal OF said
1urt. n Fl Paso county. this 9Th day o.
pril. A D. 1917.
seaf.l Q " MCKINNEY
district Clerk. Fl Psso county Texas
n