El Paso herald. (El Paso, Tex.) 1901-1931, 1917-04-14

10 be holden at the courthouse thereof II
Fl Paso, Texas. on the first Monday in
May, A D. 1917. the same being the It'll
day OF May. A D. 1917. then and there TO
answer plaintiffs first amended original
petition filed in said court on the 7th
day OF April. A D. 1917. IN a SUIT on the
docket OF said court numbered 1850. vhere-
in J W Eubank is plaintiff. and
Powell B Akers Laura Edna Made
Lucy Akers we'll
John b Aksrs Eliza " A White
Edna - Holder head
George c. Holder Bert NJ whitehead
Fell Akers John B. Akers
Laura Akers Eannibet A Hump
Mrs : ?. Celsor fus
sue Bray John " Humphfu-
3 D Bray T. n FubanL
MIS- } = Stray c. Il Eubank
Charlie ". Bray Safe E Downing
W L Bray W z. Downing
7. H Bray p p FubanIzs
: z Bray Lucy Akers Vance
Pamela y. Brown J. ". Vance
Russell Huise Edna AkerS
Salie y Roark Carrie Akers
Mrs Russell Hulse Pearl Azers
Mrs Charles P Live Laura Aksrz
say Burton Akerg
Charles P. LIvesay Ellen Akers Gen.rv
7. 8 Bray and
Johnnie .. Bray Jack Gentry
Albert T MadeweI
are defendants; said petition having The
following allegations
All OF the defendants are ron-resident- or
the State OF Texas with the exception q
Laura Akers. Albert T. Madewell Laura
Edna MaoeWeL Eliza " a Whitehead
Burt NJ Whitehead John B. Akers. Fanni-
bet a Humphus. and John Il Hurnphu~
VINO reside IN Navarro COUNTY Texas !
H. Eubank, who resides in e Paso Count
Texas. and G. H Eubank. who resides n
Jelierson County. Texas and plaintiff. who
resides in FL Psso County Texas IS entitled
70 and IS the owner OF undivided one
twentieth Q-2o) interest IN the following
described real property situated in FL Paso
County. Texas. towft-
Beginning al point on AeequIa from
marked X bears s. soS E 10 varas distant:
thence y y ". 1i9 varas up acequia TO a
point thence y s. East SIS varas Up ace
qula % point; thence s IS E 10 varas
along foothills; thence y. S313 ". 5Ts varas
70 beginning: it being s one half OF Ger
taln tract o. land containing 1s = acres. sur
yeyed hy J. Huhbell. District Surveyor OF
e Paso and Preside District as OF record
IN surveyors office. Book A Private sur
veys or Hsleta. Texas. and decided by Cor
PoEalen OF Asleta 70 Martin G. Alderete on
feu- Is. 1850 same being conveyed by Mar
tin G Alderete and wife to said NarreIo
barela by deed dated July 81 1854 snd he
ing same tract OF land conveyed 20 J. u.
Lowry by MarCeiO Barela and wife BY deed
dated July IS, 1854. and OF record IN book
?, page 55s. Deed Records OF e Paso
Beginning on the hank OF tn. Aeequia
fiiar AZ s 2 corner % Ward 3. BIanch-
ard from which point A cottonwood trAa
so inches n diameter bears : - Se-raes
r II varaS- thence y. SIS degrees z SEQ
EaIas 70 near the foothills and along a well
= degrees
VarsS' thence : - degrees z 49, vzrss
along a border thence s IS degrees N
~ : Varas passing the ditch to the corner
OF border, thence y IS degrees VI s0O
Varas again passing the ditch ana along
me oank TO the place OF beginning. con
talRinS 10 acres and 1915 varas OF land
ah9 1elng the same tact OF land conveyed
10 J. W Lowry and Jlana sfontovs- bv deed
gated August 1. 1881. and OF record in
Book / page al Of Deed Records in 81
Beginning at y z ro-,a- 90 . g..
e ot ltn1 IN name OF T ". Lowry; thence s
80 Gesrees W 49, varas along said Lowrv
Earas 10 stake and corner. then-a \ -
degrees East 315 varas to STAKE
degrees snal Z 1 Ace thence y 10
OF beginning. CONTAINING 81,
, ,,.ole OF iess' and being the same tract con-
"a 70 = W Lowry BY Jose Garcia fs-
~ we by deed dated May ? 1853 Art
OF record IN Book :. page z5T need Ts-o-l.
or II PaSo county. Texas
Lach OF the other defendants Il entitled
= a certain undivided interest in The abovs
described real property, 3. d Prav
iniay. Johnnie Q. Bray. Carrie Aks-s pes~.
7 N 49,. laura ASers. Burton Akers an
800 Una MaCewell- all are minors ana
Z lalIlil1 asks that q guardian "a Iffa,, h..
l,eo 10 represent their interests AM .
- - ana eefendants are the sole ans
- "NneFs OF said land and premises arf
ne ne estimated value OF said land ana rre,,
- Is approximately $500 90 ans 20 49,
, premises are incapab BILE OF division I,
I 1t.tes concerned that a receiver be an
.oInIe1 20 sell said property. and 70 dI,-i,i.
s,ribs4 ~ - 'nereot among the above de
sSIloe0 JOINT owners OF said propsrtv IN
-, nee with the respective Interest," 81
o. said parties in said propert,- -rF
llalntlff nrays that each OF the defs5ds1rs
= ci-eu 20 appear and that n receiver ha
appointed 70 sell said property al rrhIi. -
sats sale rs 20 the court may seem he
nd 20 apportion the proceeds among saii
q - IN accordance with the respective
5 reeIsssS OF said parties in said property
.iirtlII pTays for costs Of suit and general
M me above being a true statement %
i1lutlIl s cause OF action On said gui+
n EhEiN FAIL NOT. but have before saf.f
curt on the list day Of the next te--,,
hereof this Writ With your return thereo.-
urNlng how sop have executed fhe -sr,,.
WITNESS o. ". MCKINNEY C,i,-L -
he District Court or Fl Paso countv-
Gwen under my hand and seal 81 said
, ouLJ N - Peso county. this 9TH day Of
scaIl g u. 5IcETNSET
',stfiet Slc-S- II P7so county. Teas.
BY F. Il