El Paso herald. (El Paso, Tex.) 1901-1931, 1917-02-24
Legal Notices.

TIE STATE OF TEXAS
To the sheriff or any constable Of e Paso
County-Creetilg-
you are hereby commanded That you
summon, b making publication OF this eta
tiOn IN some newspaper published IN the
county OF e Paso. Texas. for four weeks
previous 10 the return day hereof w 5.
Crouch. whose residence is unknown 70 De
ard appear before the honorable 65th dis
trict court. II the next regular terms thereof.
10 be holden IN the county Of Fl Paso. a
the court house thereof. in the city Of e
Paso. Texas. on the 5th day Of March, A D.
1917. then and there 20 answer petition
filed in said court. on the 3rd day OF Febru-
AIRY. a D. 1917. N a suit numbered on the
docket OK said court No. 1440s. wherein Mrs
Ella Crouch is plaintiff and ". s Crouch
is defendant The nature OF the plaintii1 >
demand being as follows. toWit-
Plaintiff alleges she Is now and has been
for more than year prior to the filing OF
this suit. actUa bona fide inha5ita1t ard
resident OF the 81 tte Of Texas and the county
Of FL Paso; that on April 18th 1sS5. plain
tiff was lawfully married 10 the defendant
ana they continued u live together as hus-
band and vile until on or about the - day
Of August. 1919. when the defendant voiun-
tariiy and without justification or excusr-
left plaintiff with intention Of abandoning
plaintiff since which time plaintiff and de-
PENDANT have not lived together. that more
than three years have els psed since defend
ant left plaintiff with intention OF abandon
Inent-
That on January 1st 1917 Mrs. 6 7 Bar
Der conveyed 10 plaintiff the following DE-
scribed property situated in The city and
county OF e Paso. Texas. towi--
Commencing at the southwes- corner OF
block 213. according 20 what is known as
map Of C1mpbells addition 20 the city OF
FL Paso. Texas. and running from thence
northerly with the east the Of Campbell
sire Z 100 feet. thence at right angles east
erly and parallel wiki Fsio Granie street 20
teet- thence soutnerly parallel with Camp
bell street loo teet- thence westerly win t1e
north line % Pho Grande street 40 feet,
20 the place % beginning being AZ sci East
Rio Grande street. said deed being recorded
Cd Records q
FL PlsO county. Texas. 10 which reference
IS hereby made FOR more particular descriD-
ton Of the said deed and the property there
IN conveyed.
said property was purchased with the sep
arate estate OF the defendant and at the re-
QueTt OF defendant. Il was expressly recited
in said deed that plaintiff was the grantee
therein. ant she was made the grantee with
the intention on the part OF the said grantor
in said deed. and the defendant herein. 70
vest the title 10 said property in this plain
tiff as her separate estate; that after said
property was purchased by said defendant
Tor said Plaintiff and when the deed was
executed. il was expressly intended BY the
srantor. the defendant and this plaintiff.
that the title 10 said property should vest
in and become the individual and separate
property Of plaintiff That after purchasing
said property for plaintiff. defendant recog-
nized the same as the individual ard sepa-
rate property OF plaintiff and since said time
has never claimed any interest therein That
plaintiff now is and has been since the exc
cution OF said deed the owner in fee simple
o. said property. and that the same is her
separate and Individual property but be-
cause OF the recirals contained in said deed
to the effect that the plaintiff was ths
grantee therein, the apparent and presump-
tive title 10 said property is in the coin7nu-
nifty estate Of plaintiff and defendant ard
the defendant is apparently OF record en-
titled TO community interest in said prop
erty. That said property is in fact the seps-
rate property Of plaintiff. and that said de-
fendant has no real interest therein. but be-
cause Of the recital in said deed. there is 4
cloud on said title.
Plaintiff asks Judgment dissoivinr said
marriage relations; that the above described
property be decreed 10 be the separate and
Individual property of said plaintiff: thar
II be decreed that defendant has no right or
interest in said property that plaintiffs
title 70 said property be forever Quoted as
10 defendants claim. and that the cloud
upon plaintiffs title be removed: for costs
OF suit and FOR general special. legal and
equitable relief
Herein fail not. And have you before said
court on the said first Gay OF the next
term thereof. this writ. with your endorse
ment thereon. showing how you have exc
cuted the same.
Given under my hand and seal OF said
court: at office IN Fl Paso. Texas this. the
srd day OF February. A D. 1917
. NJ MCKINNEY.
Clerk district court. Il Paso county. Texas