The Lubbock avalanche. (Lubbock, Tex.) 1909-1922, 1919-01-16

published in said judicial district,
then in newspaper published in the
nearest district to said 72nd Judicial
District; TO appear at the next regu-
lar term Of the District Court Of Lub-
book County. to be held at the court
house thereof in Lubbock, on the 9Th
day Of June. 1919, then and there to
answer petition filed in said court
on the 2lst day Of November, 1918,
in suit numbered on the docket Of
said court No. 1911, wherein II. w.
Niece is plaintiff and Samuel Nc
Murtry and wife Julia McMurtry,
and the unknown heirs of said Sam
uel McMurtry, If he be dead. and
the unknown heirs Of said Julia A.
McMurtry IL she be dead; Joshua
Morris, and his unknown heirs, II he
be dead: the unknown heirs of Net
tie O. Hawkins, deceased; and h. b
Green administrator Of the estate of
said Nettie O Hawkins. deceased, are
defendants. said petition alleging as
follows:
To the Honorable W r Spencer
Judge Of said court
Now comes II. W Niece, who re-
sides in Crosby County, Texas, here
matter called plaintiff, complaining
Of Samuel McMurtry and wife Julia
A. McMurtry, and the heirs Of said
Samuel McMurtry, # he be dead
and the heirs Of said julia A. McMur-
try. II she be dead; Joshua Morris.
and his heirs Il he be dead; the heirs
OF Nettie O Hawkins, deceased; and
f. b. Green. administrator Of the es-
tate Of said Nettie o. Hawkins. de-
ceased; all Of which said parties are
hereinafter styled defendants. and
for cause Of action plaintiff says as
follows:
I That the names Of the heirs Of
the respective parties above named
are unknown TO this plaintiff; and
that the residences Of the above de-
PENDANTS are also unknown to this
plaintiff.
. Plaintiff represents 70 the
court that on the lst day Of N0vem-
her. 1918, he was lawfully seized and
possessed Of the following described
land and premises. situated in Lub-
beck County, Texas. holding and
Claiming the same in fee simple, to-
wit:
The North One-half Of Survey 1923.
Certificate 500, Abstract 1873, f. l.. e.
K. K. Z X Co, except strip along
the north side thereof heretofore con
veyed 20 the Crosbyton Southplains
Railroad Company, beginning az the
Northwest corner Of said Survey 1879;
thence East along the north boun-
Diary Of said survey distance Of
5.2s2 feet more or less 10 the north
east corner thereof: thence South
along the east boundary Of said sur
vey distance Of 81 feet more or
less to q point which is distant so
feet southerly measured at right an
giles from the center line Of the Cros-
byton Southplains Railroad as the
same is now located and staked over
and across said survey; thence West
along a line which is parallel to and
distant so feet southerly from the
center line of said railroad distance
OF 2.733 feet. Thence South at right /
angles TO said center line Of said rail- |
road distance Of 25 feet. Thence /
west along a line which is parallel to /
and distant as feet southerly from /
said center line of said railroad a dis 4
lance Of iltO feet Thence North nj
right angles 10 said center line a
distance Of rs feet Thence West /
along a line which is pareileI TO aud
distant from the center Of said rail-
road so feet a distance Of lt0o feet
more or less 10 the west boundary
line Of said survey. Thence north
along said west boundary distance
Of 90 feet more or less 90 the place
Of beginning. containing 6.s7 acres
more or less,
3. That on the day and year last
the dsfendanta and each Of 4
them unlawfulIy entered upon said
premises and elected the plaintiff 4
therefrom. and unIawtully withhold
possession from him ~ said land, 70
hs damage In the sum u fi2,hool