Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1929-08-23

each week Tor four successive weeks
previous to the return day hereof, in
some newspaper publ S n in
Cameron County. Texas. to be and
appear at the next regular term IT
the 103rd Judicial District Court,
within and for Cameron County.
Texas. to be holden at the Court
House thereof. IN Brownsville, Tex
as. on the third Monday in Sep
TENDER. A. d. 1929, the same being
the 10th day Of September. "A. D
1929. then and there to answer z
petition filed in said Court ON the
18th day Of August "A. d.. 1929 in Z
suit, numbered on the docket of
said Court No. 8703, wherein A. q.
Kurtz and j. II. Edwards, both
individually and as Trustees, Geo.
SoveTns. A. c. Edwards. George w.
Stricken. Fayette Title Sc Trust
Company of Uniontown. Penn
sylvania. a corporation. as Trus-
tee and Executor of the last
will and testament Of Joseph
q. Stricken, Deceased, Jennie
Wiley, a widow. and surviving
wife in community Of J. w. Wiley,
ST., Deceased. Sarah Wiley Zim-
mers. a widow, Carrie May Wiley,
a feme sole. Margaret o. Wiley. a
feme sole. Nina Wiley Newcomer, a
widow, w. s. Wiley. j. w. Wiley,
Jr., and Charles S. Wiley. both in
his individual capacity and as sole
surviving Executor Of the last VIII
and testament OF said j. II. Wiley.
ST., Deceased, are Plaintiffs, and
the following named persons If liv-
ing and If dead. their unknown
heirs, executors, administrators and
legal representative, to-wit: Milton
II. Cross. both individually and a.
independent executor Of the viii Of
j. II. Cross. Deceased: John ".
Adams and Medora Adams, husband
and wife; Katherine Cross; q fene
sole; Andres Gonzales and Matilda
Gonzales, husband and wife; .......
Puente and Olivia Puente, husband
and wife: Samuel Cross; Delta
Farms Company. a purported de-
facto private corporation that Is
now defunct, and unknown stock
holders and directors Of said Delta
Farms Company are Defendants.
Plaintiffs Cause Of Action Is as
Follows:
First
A suit in trespass to try title 10
the land hereinafter described for
damages in the sum Of Ten Thous-
and Dollars (S10.O00OO for rents.
value Of rents alleged to be Five
Thousand Dollars $C5.OO0.O0) a yea
70 remove clouds from Plaintiffs
title to said land for costs Of SUIT
and TO enioin Defendants from IN
~terfering with Plaintiffs use. pos
-essions and enjoyment Of said land
which is described as follows:
"A tract Of land containing IN the
aggregate $685. acres, more or less,
III Cameron County, Texas, in Par
titlCn Shares numbers - and % OF
the Esplritu Santo Grant, j. S. de 4
Cara. original Grantee, and moe
particularly described as all of lois
numbered to twenty-four Q-24I
inclusive Of the Delta Farms Com
pany's Subdivision. as described
upon the map or plat thereof and
It's record In Volume z, page 8 OF the
Map Records Of Cameron County.
Texas.
Plaintiffs plead affirmatively the
three. five, ten ana twenty-five
year Statutes Of Limitation IN sup
port Of their title.
Second
Plaintiffs further allege that OH
or about the 10th day OF May. A. D.
1929. they were. and now are lar
fully seized and possessed Of. and
entitled TO the title and possession
IN fee simple 10 said land herein
above described under deeds anu
other muniments Of title as herein
after shown.
That on or about the 18th day of
May, "A. ID. 1929, Defendants assert
ed certain pretended and adverse
claims to Plaintiffs land thereby
preventing Plaintiffs from selling or
mortgaging said land and their use
and enjoyment thereof, has been
greatly diminished and said pre-
tended and adverse claim constitute
ard are clouds upon Plaintiffs tile
to said land.
Plaintiffs are claiming and hold
Ing their lands and premises UNI
der the following titles. to-Wit:
ta) Decree Of Partition in Cause
No. 1916. entitled M. Kennedy. r
King. a FL. VS.. Thomas Carson. Adj
ministrator, ct al. mf i and en-
tered on the 9th day Of May, A. ID.
1889. iii the District Court Of Cam
eron County. Texas. wherein Share
No. II Of the Espiritu Santo Grant
was allotted, set apart and assigned
to Alexander Werbiski. and where
IN Share No. % Of said ESpiritu
Santo Grant was allotted and ST
apart in severalty to Pedro Garcia
CavazoS, the xheirs Of Francisco
Garcia CavaZ,s dc Treanor, the
heirs Of Miguel Garcia Cavazos. and
to Thomas Carson as Administrator
OF said Maria Josefa Cavazos, as
said decree is recorded in Book Sup-
Elemental H" at PIP. 465 ct sea. Of
the Deco Records of Cameron
County, Texas.
Said Decree of Partition as above
set forth, being the common source
OF title TO Plaintiffs and Defendants
herein.
Cbl Warranty Deed from Alexan-
ger Werbiski TO J.. v. Haney, dated
December Is. 1887. and recorded III
Book Supplemental C. Oh ID. $40
ct seq. OF the Deed Records Of Cam
eron County, Texas.
tc) Warranty Deed from 7. ".
Haney to j. S. and M. II. Cross. dat
ed July II, 1893, and recorded in
BOOK u on PIP. ST of the Deed
Records Of Cameron County. Texas.
tdl Warranty Deed dated Deem
Der Is. 1889. from Alexander Wer-
Diski 10 j. p. Cottingham. recorded
In Rnnk S-Innlnnnntnl ..G.s