El Paso herald. (El Paso, Tex.) 1901-1931, 1917-04-21

in J. ". Eubank Is plaintiff and
Powell 3. Akers Albert T. MadsxsfI
Lucy Akers Laura Edna Made
John 3. Akers well
Edna A. Hoidsr EIlaza NJ 4 white
George e. Holder head
Fen Aks-s Bert N Whitehead
Laura AkerS John j. AkerS
Mrs : z CeiscF Fsnnabet - Hump
b D. Bray John Il Humphfus
Mrs. = T Bray T. H EubanE
Charlie W Bray g. x. Eubauk
vs.. l. Bray Sailie L. Downing
p -. Bray ". r. Downing
r. IL Bray 3. = Eubanks
: f. Bray Lucy Aksrs Vance
Pamela =. Brow =. " Vance
Salle y Roark Edna Akers
Mrs Russell Hulse Carrie Aker1
Russell Hulse Pearl Akers
Mrs Charles P. live Laura Akers
say Burton AkerB
Charles p Iivessy Eilcn Akers Gentry
= 3 BRAY ana
Johnnie o. Bray Jack Gentry-
are defendants. said petition having the
following alleEatlousf
That about the 18th dav % March.
1913. J W Lowry. who vas then a resi-
dent OF 4 Paso county. Texas. and the
owner Of real and personal property stu
a-cd n said state and county. died intes-
tate. end thereafter. or the 18th day Of July,
1873 j. W kubank vas duly appointed ad-
ninistrator Of said estate and from that
cate the SAID J. W Eubank continued 20
exercise the duties OF administrator Of said
estate ind has paid all debts owing by said
estate. and there now exists reason for
a continuance OF administrator OF sail
estate and there Is now in the hands Of said
adrninistrsto belonging 10 said estate the
sum u approximately one thousand
tSl.ooooOl dollars in cash. and in addition
thereto the said estate Is possessed Of ap-
proxmately thirty-four go acres OF land.
situated IN z Faso county Texas, and more
particularly described as follows. tow;t-
Beginning at a point on Acequia from
which cottonwood IS inches IN diameter
marked Y bears :. seq +. 10 varas distant:
thence y . W Ito varas up acecuia 20
po,nL. thence y = East 565 varss up ace
qula 20 point: thence S. 81 r 10 varas
along foothills; thence y S5is W 90 varas
10 beginning. II being 8. one half OF ce--
tain tract OF land containing 1sA acres. sur
veyed by J. Hubbeil. District Surveyor %
. u Paso and Preside District as OF record
I IN Surveyors office. Book A. Private sur
veys OF Tsleta. Texas. and decided by Cor
poration OF fsleta to Martin G. Alderete on
Feb Is. 1850. same being conveyed ny Mar
9 TIN g. AiQerete and wife 70 said NarCeio
Barela by deed dated July q. 1854 ana BE-
ING same tract OF land conveyed TO J. W.
: Lowry by Marcelo Barela and wife by deed
dated July IS. 1888. end OF record In book
5. page $50, Deed Records OF e PasO
Beginning on the bank OF the Aeequia
Itar al = F. corner OF Ward e. Bianch-
ord. from which point a cottonwood tree
70 inches II diameter bears s. IS degrees Z.
II varas; thence y So degrees f 500
v1-as 20 near the foothills and alCnS
well defined border: thence s. 10 degrees
90 varas: thence s ~ degrees Z I41s varas
along bCrder: thence :. IS degrees ".
@-liz varas passing the ditch 20 corner q
aa
again passing the ditch and along the bank
10 the place Of beginning. containing IS
acres and 14l5 vsras OF land and being the
same ract OF iand conveyed TO J. w Lowry
by Juans hontOya- by deed dated August /.
1881. and Of record in book l. page III
! Of Deed Records in Fl Paso county. Texas
Beginning at at y 2 corner OF a tract
OF land IN name OF J W Lowry. thence s
20 degrees W 4S5 varas along said Lowry
land 90 a stake. thence 5. 10 degrees z
l9e Faras 10 stake and corner; thence y
e oasrees East, 375 varas 10 stake on small
acequia; thence n 10 degrees E. 100 varas
70 the place OF beginning; containing
acres. more or less. and being the same traS
conveyed TO ]. W Lowry by Jose Garcia
lst. and wife. by deed dated May 2 1855
md q record in Book c. page So Deed
Records Of Fl Paso county. Texas
SAID land being Of the approximate value
81 $40 an acre Plaintiff Is OF the
nelrs OF the said J. W Lowry. and IS eu-
titled to an undivided one twentieth C-20t
interest IN and TO all OF the above described
real and personal property, and the other
1 defendants are heirs Of the said J. "
: Lowry and are each entitled to certain IN
divided interests il said real and personal
property. and the defendants 3. D Bray
J. = Brsy. johnnie .. Bray. Carrie Akers
Pearl Aters. Laura Akers. Burton Ake-a
and Laura Edna Madewell are all minors
and plaintiff asks that guardian ad Nten
be appointed 10 represent the interests =
said minor, and the above named persons
together with the plaintiff constitute al
OF the heirs OF J. W Lowry. deceased, and
no other persons are entitled TO any interest
in the real or personal properties OF the said
j. LOWrYs deceased And the residence
q each OF the said defendants arc set out
fully in plaintiffs petition and plaintiff
prays that the defendants be cited. that
guardian ad Item be appointed TO represent
the interests OF the minor defendants ana
mat he have Judgment declaring the names
ana residences OF the said heirs OF the sai-
j. W Lowry and their respective shares ant
interests in the real and personal property
- the said J. W Lowry. for costs o. suit
ana Tor general and special reiief-al o
which allegations are verified By plaintiffs
affidavit.
and the above being true statement o.
plaintiffs cause Of action In said suit.
HEREIN FAIL NOT. but have before said
court on the ist day OF the next term
hereof. this Writ. with your return thereon.
showing how you have executed the sarne-
WITNESS W u. Greet, CLERK OF the
County Court Of Fl Paso county
Given under my hand and seal q SAID
court n Il Paso county. this 9Th day o.
ADrL. a. o.. 1917.
fSesi1 " - GREET
0le-z NJ the COUNTY Court TT Fsso COUNT
e. Girls Ararda- I-- Deputy