The Lubbock avalanche. (Lubbock, Tex.) 1909-1922, 1922-10-27
CITATION BY PUBLICATIONS
THE STATE OF TEXAS.

THE STATE OF TEXAS.
To the Sheriff or any Constable
Of Lubbock county, greeting
You are hereby commanded 20
summon Mary J. Nblack, Lizzie f.
Morrison. Hattie Sudebaker and
Margaret S. Vesy and their un-
known heirs, If dead. w. J. Nesey
and l.. +. Kimball and his unknown
heirs, II dead. by making publication
Of this citation once IN each week
for four successive weeks previous
% the return dag hereof, in some
newspaper published IN your coun-
". 20 appear az the next regular
term ~ the District Court Of Lub-
book County. 10 be holden az the
Court House thereof. in Lubbock.
Texas. on the 2ud Monday in Dec
embcr, a d. 1872. the same being
the 18th day ~ December, A. d.
1929, then and there % answer a
petition filed in said court on the
i4th day Of October, A. ID. 1922,
in a suit. numbered on the docket
~ said court No. 1910, wherein ID.
h Carnes. J. X Shinman, J. L. Mar
tin. J. c. Royalty, y A. Walker,
J. s. Rabk and Henry Mckinley.
are plaintiffs. and Mary J. Niblick,
Lizzie F. Morrison, Hattie Stude-
baker and Margaret s. Nesey. and
their unknown heirs. II dead, w. J.
Vesey and l.. r kimball and his I'M
known heirs. II dead are defend
ants. and said petition alleging;
That plaintiffs severally own in
fee simple, certain parts of block
80. Of the Low and McNabb sub
division Of the Roberts a McWhor-
ter addition 20 the town Of Lub-
book. Lubbock County, Texas. to-
wit
D. b. Carncs. lots and 5, in said
block 80; j. X Shipman. lots u,
10, Il. Is, in said block 80; j. L.
Martin. lots IS, n, rs. 10. 90 in
said block 80; J. G. Royalty. lots !,
2. 3. 8. 10. II, p, 22, 27, 20. 30.
in said block 30: y. a. Walker, lots
%. 26. and %. in said block 50;
J. s. Rabik. lots z. s, 9. in block
80; Henry Mckinley. lots % and p,
in said block 81.
Said plaintiffs deraign title there
20 from common source. to-wit.
b. O. McWhorter and l.. W. Roberts
Plaintiffs allege that each Of them
owned said property as above stated,
being lawfully seized and possessed
Of their lawful portions Of the lands
above described. owning the same in
fee simple, on and prior to January
/. 1922. and that on said date. the
defendants unlawfully seized and
possessed said lands and are claim
ing title and ownership and an in
terest therein TO the damage of
plaintiffs and each Of them.
In this connection. plaintiffs say
that the defendants claim and assert
title, ownership and an interest IN
all of Said block 80. above described,
by virtue Of transfer Of three ven
doris lien notes transferred them By
B. O. McWhorter and l.. w. Rob
erts. by an instrument dated April
"a. 1908, and recorded in volume
10. page f95. Of the deed records
Of Lubbock county, Texas, which
said notes were originally executed
nv J. c. Royalty and payable 10 said
Roberts & MeWhorter and were
fully described in warranty deed
from said b. o. McWhorter and l..
W. Roberts to j. c. Royalty, dated
Oct. 20, 1907, recorded in volume
II. page SAG Of the deed records Ct
said county and the records do not
show that said transferees. defend
ants above named. have released
their lien and title and interest in
and 70 said block 50. 20 secure the
naymeut Of said notes. But plain /
tiifs and each Of them say that sal
defendants did in truth and in fact. /
transfer. convey and assign, all their
riaht. title, and interest in and 20
said notes 20 one W. J. Vesey. for
a valuable consideration and that I
aid w. J Ncsey, aid thereafter col- /
80 ar1 rareiVe nav for All az AL