The Cherokeean. (Rusk, Tex.), Vol. 126, No. 9, Ed. 1 Thursday, April 24, 1975 Page: 11 of 14
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THE CHEROKEEAN OF RUSK. TEXAS. THURSDAY. APRIL 24. 1975-PAGE ELEVEN
Legal Notice
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CITATION BY
PUBLICATION
THE STATE OF TEXAS
TO: FRANCIS F.
SCHNEIDER AND JOHN
SCHNEIDER, Defendants
in the the hereinafter
styled and numbered
cause:
You and each of you are
hereby commanded to
appear before the Second
Judicial District Court of
Cherokee County, Texas, to
be held at the Courthouse of
said County in the City of
Rusk, Cherokee County,
Texas, at or before 10:00
o'clock A.M. of the first
Monday after the expira-
tion of forty-two (42) days
from the date of issuance
hereof; that is to say, at or
before lO.OOo'clock A.M. of
Monday, the 9th day of
June, 1975, and answer the
First Amended Original
Petition of John S. Lewis,
Plaintiff, in Cause No.
75-1-38, styled "John S.
Lewis v. Greg J. Schneider
et al" in which the
following person is Plain-
tiff: John S. Lewis, and the
following persons are
Defendants: Greg J.
Schneider, Robert D. Sco-
ville, Herman F. Frerichs,
Lee R. Foster, Karen S.
Foster, Paula Foster Scott,
Mark R. Foster, Jeannette
Foster, Wade O. Foster,
Dr. Malcolm J. Dickerson,
D&S Farms, Dr. Robert W.
Johnson, John Pollard,
Robert L. Squires, Robert
L. Kilzer, John R. Riley,
Francis F. Schneider, Carl
T. Koppinger and John
Schneider, which First
Amended Original Petition
was filed in said Court on
the 26th day of February,
1975, and the nature of
which said suit is as
follows: Suit by Plaintiff
against the Defendant,
GREG J.SCHNEIDER, for
default in payment on
promissory note and for
interest and attorneys fees
as in said note pro-
vided, and against all
Defendants named in the
cause for foreclosure of the
Vendor's Lien and Deed of
Trust Lien securing said
note on the hereinafter
described Oil and Gas
Leases and oil field
equipment situated there-
on, for Order of Sale of said
properties, for an account-
ing by the Defendants to
Plaintiff \yith reference to
oil and gas produced from
said premises and any and
all oil field equipment sold
and disposed of from said
leases by Defendants, for
injunctive relief enjoining
Defendants from selling,
assigning, encumbering or
disposing of any of their
interest in said oil and gas
leases or of any of the
proceeds from the sale of
minerals in or produced or
to be produced from said
leases other than for
reasonable and necessary
expenses for the operation
of wells and the gathering,
storing and transporting of
oil and gas on the subject
leases, and enjoining De-
fendants from selling, en-
cumbering or otherwise
disposing of any of the oil
tanks, or any other oil and
gas equipment on or used
in connection with said
leases, and for appoint-
ment of a Receiver over
said leases and oil field
equipment. Said oil and gas
leases are described in
Plaintiff's First Amended
Original Petition as
follows:
Comanche County
Leases
1. From H. A. Anderson
and wife to J.S. Lewis,
dated March 5, 1971,
recorded in Volume 368,
Page 461, Deed Records of
Comanche County, Texas,
covering 549.82 acres, more
or less, parts of the Deaf
and Dumb Asylum Survey
No.4, the Nancy J. Nichols
Survey, A-740, the J.F.
Singletary Survey, A-1599,
and J.C. Whitesides, A-
1845 of the D. and D.A.
lands.
2. From H.A. Anderson to
J.S. Lewis, dated March 5,
1971, recorded in Volume
368, Page 476, Deed
Records of Comanche
County, Texas, and cover-
ing 40 acres of land, more
or less, of Lampasas
County School land, Block
34, A-608.
3. From Alton Buchanan et
al to J.S. Lewis, dated
March 8, 1971, recorded in
Volume 368, Page 443, Deed
Records of Comanche
County, Texas, and cover-
ing 160 acres of Sub-
division No. 26 of the
Lampasas County School
Land, One League Survey,
A-608.
4. From J.H. Burton to J.S.
Lewis, dated March 1,1971,
recorded in Volume 368,
Page 452, Deed Records of
Comanche County, Texas,
and covering 176.4 acres of
the B.S. & F. School Land
Survey, Abstract No. 2128.
5. From Travis and Ruby
Boswell to J.S. Lewis,
dated March 1, 1971,
recorded in Volume 368,
Page 468, Deed Records of
Comanche County, Texas,
and covering 607 acres,
part of the D. and D
Asylum Lands, Survey No.
56, the B.S. & F Ry. Co.
Survey and the Lampasas
County School Land. One
League Survey, A-608.
6.From Travis Boswell to
J.S. Lewis, dated March 15,
1971. recorded in Volume
368, Page 448. Deed
Records of Comanche
County, Texas, and cover-
ing 156.8 acres, part of the
B.S. & F. Ry. Co. Survey.
7. From J.R. Graham et lix
to Jack Frost, dated June 1.
1971. recorded in Volume
369, Page 256. Deed Re-
cords of Comanche County,
Texas, covering 118.4
acres, more or less, parts
of the D.& D. Asylum
Lands Survey in Comanche
County. Texas.
8. From Guy Houser et al to
J.S. Lewis, dated March
1st. 1971, recorded in
Volume 368, Page 483,
Deed Records of Comanche
County. Texas, covering
440 acres, part of the
Lampasas County School
Land One League Survey
No. 34.
9. From Guy Houser and
wife to J.S. Lewis, dated
March 1, 1971, recorded in
volume 368, Page 439, Deed
Records of Comanche
County, Texas covering 168
acres, part of the D. & D.
Asylum Survey, Section
No. 56. (The interest of
John S. Lewis in this lease
hereby transferred is only
an overriding royalty inter-
est of one-sixteenth of
production.)
10. From William Gayle
Leonard and wife to J.S.
Lewis, dated March 9, 1971,
recorded in Volume 368,
Page 472, Deed Records of
Comanche County, Texas,
covering 100.4 acres of
land, more or less, part of
Section No. 55, A-1819 and
Section No. 55, A-1846 of the
Deaf and Dumb Asylum
Lands.
11. From George E.
Leonard and wife to J.S.
Lewis, dated March 9,1971,
recorded in Volume 368,
Page 435, Deed Records of
Comanche County, Texas,
covering 142.8 acres of
land, more or less, being
parts of the East ' of the
Northwest '4 of Section 55,
A-115 and the North of
the Southwest 1 a of Section
55 A-1846, Deaf and Dumb
Asylum Lands.
12. From N.L. Leonard to
J.S. Lewis, dated March 1,
1971, recorded in Volume
368, Page 465, Deed
Records of Commanche
County, Texas covering 40
acres of land, part of the
D M. Irby Survey, A-1559.
13.From Graham Smoot et
al to J.S. Lewis, dated
September 1, 1973, record-
ed in Volume 396, Page 126
of the Deed Records of
Comanche County, Texas
covering 162 4 acres of
land, more or less, being
parts of the East "a of the
West of Section 50, D &
D Asylum Lands, J.J. Dean
Surveys, Abst. No. 1554 and
276 and being also part of
the NW 11 of Section No. 50,
D&D Asylum lands.
14.From Oran O. Shelton to
J.S. Lewis, dated June 10,
1971. recorded in Volume
368, Page 487. Deed
Records of Comanche
County, Texas, covering
202 acres of land, more or
less, parts of the East ' ■> of
the West 1 :• of Section No.
50, Deaf and Dumb Asylum
Lands, and also being part
of the West one-half of the
East one-half of the
Southest one-fourth of
Section No. 50, Deaf and
Dumb Asylum Lands and
also being part of the
Northwest 'i and the
Southwest 'j of said
Section No. 50, Deaf and
Dumb Asylum Lands.
15. From Custer Darnell
Swift and wife to J.S.
Lewis, dated March 1, 1971,
recorded in Volume 368,
Page 479. Deed Records of
Comanche County, Texas,
covering 512.8 acres of
land, more or less, being
parts of Section 47 and 48 D
& D A Land Survey, A-1838,
A-1712, A-719 and A-1465.
16. From Monta L. Huff-
stutler et al to J.S. Lewis,
dated August 23, 1973,
recorded in Volume 397,
Page 64, Deed Records of
Comanche County, Texas
covering 1624 acres, part
of Section 50, D & D Asylum
Lands, J.J. Dean Surveys,
Abst. No. 1554 and 276.
17. From W.R. Wyatt and
wife to J.S. Lewis, dated
March 1, 1971, recorded in
Volume 368, Page 456, Deed
Records of Comanche
County, Texas, covering
140 acres, part of the D & D
Asylum Survey and M.
Wyatt Survey, Comanche
County, Texas.
18.From C M. Houser et al
to J.S. Lewis, dated July 19,
1973; recorded in Volume
392, Page 67, Deed Records
of Comanche County,
Texas, covering 153 acres
of land, more onless,'Part
of Section No. 50, Deaf &
Dumb Asylum Lands.
19. From E. Guy Houser to
J. Lahory Slusher, dated
February 13, 1965, record-
ed in Volume 384, Page 98,
Deed Records of Comanche
County, Texas, covering
191 acres of land, more or
less, part of the D & D
Asylum Survey, except this
lease is subject to reser-
vation in one Jack Frost of
lomng
iow ab
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"A QrmtNmrmin Air Conditioning'
a one-sixteenth of eight-
eighths overriding royalty
in the oil¿ gas am other
minerals as shown of
record in the Deed Records
of Comanche County,
Texas.
20.From R.C. Mehaffey
and wife to Jack Frost,
dated June 1, 1971. record-
ed in Volume 368, age 428,
Deed Records of Comanche
County, Texas, covering
160 acres of land, more or
less, part of Section No. 55.
Deaf and Dumb Asylum
Land. A-718.
Brown County
Leases
l.From George H. Bur-
roughs et al to John
David Lewis, dated Octo-
ber 1.1967, covering among
othér lands the following:
Tract A: Being 40 acres of
land a part of the F.
Wardliski Survey, Brown
County, Texas, described
in two blocks as follows,
to-wit: Block No. 1-D
BEGINNING at the N.W.
corner of Block No. 1-D,
same being a point in the S.
Boundary line of the H.R.
Lewis No. 1 and being 1320
feet from the West boun-
dary of the F. Ward-
liski Survey; THENCE
South 660 feet along the
east line of J.S. Lewis and
Johnny Ramsey 40 acre
tract; THENCE East 1392
feet for corner; THENCE
N. 660 feet for corner to a
point in the J.S. Lewis No.
3-D; THENCE W. 1392 feet
to the place of beginning
and containing 20 acres of
land. Block No. 3-D. being
20 acres of land a part of
the F. Wardliksi Survey,
Brown County, Texas, and
BEGINNING at the N.E.
corner of the H.R. Lewis 20
acre block referred to as
the H.R. Lewis No. 1,
THENCE E. 933 feet along
the N. Boundary line of the
Wardliski Survey to cor-
ner; THENCE S. 933 feet
for corner: THENCE W.
933 feet to the S.W. corner
of the H.R. Lewis Block No.
1, for corner: THENCE N.
933 feet to the place of (
beginning and containing
20 acres of land and being
designated as J.S. Lewis
No. 3-D.
Tract B: 40 acres of land
described as follows: Being
a part of the Felix
Wardsziski Sur. and begin-
ing at the Southwest corner
of the H.R. Lewis 20 acre
block of land for corner:
THENCE East 152 feet to
corner: THENCE South
1392 feet to corner:
THENCE West 1320 for
corner: THENCE North
parallel with the west line
of the Wardsziski Survey
1392 feet for corner:
THENCE East 356 feet for
corner: THENCE South 151
feet for corner: THENCE
East 812 feet for corner.
THENCE North 151 feet to
the place of beginning, and
containing 40 acres of land.
The assignment from J.S.
Lewis to said Greg J.
Schneider to which this
Exhibit A is attached shall
only cover and assign the
above mentioned lease
'.-om George H. Burroughs
et al insofar as it covers the
two 40 acre tracts describ-
ed above only-the remain-
der of such lease being
expected herefrom.
Further, said lease inso-
far as it covers Tracts A &
B is subject to reservation
by John David Lewis of an
undivided one-eighth of
eight-eighths overriding
royalty interest in the oil,
gas and other minerals
produced from the
premises: an overriding
royalty interest of one-
thirty-seconds of six-eights
of the oil, gas and other
mineráls produced from
the premises conveyed by
J.S. Lewis to Evelyn
Ramsey, and an overriding
royalty interest of one-
one hundred ninety-sixths
of sixth-eighths of the oil,
gas and other minerals pro-
duced from the premises
conveyed by J.S. Lewis to
Mt. Selman Baptist
Church.
This assignment to Greg
J. Schneider is subject to
such outstanding over-
riding royalty interests as
mentioned above.
2. From Donald G. Stover
et ux to L.G. Adams, dated
July 19, 1969, recorded in
Volume 526, Page 377, Deed
Records of Brown County,
Texas, covering four (4)
tracts of land as follows:
First Tract: 160 acres of
land, part of Anders
Peterson Survey, Patent to
which is recorded in
Volume 29, Page 567, Deed
Records of Brown County,
Texas.
Second Tract: A part of the
James F. Roberts Survey
No. 478, Abst. No. 805, and
being the same land
conveyed by D.H. Jones et
ux, to C.D. Morrison by
deed dated January 24,
1912, recorded in Volume
138, Page 308, Deed
Records of Brown County,
Texas, containing 120 acres
of land, more or less.
Third Tract: The North
one-half of the N.J. Palmer
Survey No. 82, Abst. No.
1440. Brown County, Texas,
containing 80.5 acres of
land, and being the same
land conveyed by Mrs. Ada
Palmer Hill to C.D.
Morrison bv deed dated
August 31,1945, recorded in
Volume 394. Page 154, Deed
Records of Brown County,
Texas.
Fourth Tract: 79 acres of
the J.B. Lewis Survey,
Brown County. Texas, and
being the same land
conveyed by Violet Self and
husband to C.D. Morrison
by deed dated December
31, 1942, recorded in
Volume 318, Page 430, Deed
Records of Brown County,
Texas.
The assignment from
J.S. Lewis to Greg J.
Schneider to which this
Exhibit A is attached is to
assign such lease insofar as
it covers that certain 119' -¿
acres, more or less, out of
the above described lands,
title to which said portion
of the lease remains in J.S.
Lewis alone as shown by
the County Clerk's Records
of Brown County, Texas
(the said J.S. Lewis having
heretofore assigned to
others undivided interests
in the remaining 320 acres
of land covered by the
lease, and said 320 acres is
not to be included in this
assignment to Greg J.
Schneider. There is no
producing well on said
119'2 acres included in this
assignment to Greg J.
Schneider.)
3. From T.C. Boyd and wife
to J.S. Lewis, dated May 1,
1968, recorded in Volume
565, Page 110 of the Oil &
¡Gas Lease Records of
Brown County, Texas,
covering 15.1 acres of land
described in a patent from
the State of Texas to T.C.
Boyd, dated the 31st day of
May, 1961, and recorded in
Volume 167, Page 346 of the
Patent Records of Brown
County, Texas.
4.From Thurman Boyd to
J.S. Lewis, dated Novem-
ber 12, 1970, recorded in
Volume 581, Page 101, Oil &
Gas Lease Records of
Brown County, Texas,
covering 116 acres of land,
more or less, and being a
part of the N.E. 1a of H.T. &
B. Survey No. 82, paten-
ted to N.P. Palmer,
Abstract No. 1440, and a
part of the N.W. ' i of H.T.
& B. Survey No. 80,
patented to Nelson Gab-
bert, Abstract No. 1483;
and being the same land
described in a deed from
George Boyd to Thurman
Boyd, dated April 6, 1960,
recorded in Volume 477,
Page 258, of the Deed
Records of Brown County,
Texas.
5.From Roland Boyd to J.S.
Lewis, dated January 27,
1973, recorded in Volume
639, Page 377 of the Oil &
Gas Lease Records of
Brown County, Texas,
covering 106.03 acres of
land, more or less, part of
the S.W. vii of the H.T. & B.
Survey No. 81, Abstract No.
449, and a part of the N.W.
>4 of the H.T. & B. Survey
No. 80, patented to Nelson
Gabbert, Abstract No. 1483,
and being the same land
described in a deed from
George Boyd to Roland
Boyd, dated April 6, 1960,
recorded in Volume 477,
Page 256 of the Deed
Records of Brown County,
Texas.
6. From George W. Boyd et
al to J.S. Lewis, dated May
1,1968, recorded in Volume
565, Page 103, Oil & Gas
Lease Records of Brown
County, Texas, covering
96U acres, more or less,
part of the H.T.&B.R.R.Co.
Certificate No. 5-197-A-
1600, and the Charles Byrd
Survey, A-730.
7. From Bill V. Stewart and
wife to L.G. Adams, dated
March 28, 1969, recorded in
volume 565, Page 232 of the
Oil & Cas Lease Records of
Brown County, Texas,
covering 160 acres, more or
less, part of the R.O.
Walker Survey No. 31,
A-977.
8. From Billy V. Stewart
and wife to J.S. Lewis,
dated November 11, 1970,
recorded in Volume 581,
Page 85 of the Oil & Gas
Lease Records of Brown
County, Texas, covering 71
acres, more or less, part of
the H.T. & B.R.R. Co.
Survey. A-1625.
the assignment referred to
above from J. S. Lewis to
Greg J. Schneider being
dated December 21, 1973,
describing such leases in
Comanche and Brown
counties as shown above,
and reserving therein to
Plaintiff said Vendor's
Lien on the properties
sought to be foreclosed.
If this Citation is not
served within ninety (90)
days after the date of its
issuance, it shall be re-
turned unserved.
WITNESS, Mavis Par-
rot, Clerk of the District
Court of Cherokee County,
Texas.
Given under my hand
and Seal of said Court at
office in the City of Rusk,
this 23rd day of April, 1975.
Mavis Parrott,
District Clerk, Cherokee
County, Texas
ISSUED this 23rd day of
April, 1975.
Mavis Parrott,
District Clerk, Cherokee
County, Texas
4-t-c-9
Amy Rinehart
Celebrates
10th Birthday
Miss Amy Rinehart cele-
brated her 10th birthday
with a slumber party at her
home Fri., Apr. 18.
Guests attending were
Pam Grimes, Cindy Kirk,
Evette Irwin, Deanie
Ridgeway, Debbie Bur-
rows, Renee Van Orden,
Wendy Rogers, Cathy Cox,
Kate Collins, Kelly Mc-
Gaughey and Cindy Rine-
hart, sister of the honoree.
The honoree and her
guests enjoyed a weiner
roast and bonfire. They
also played party games
and were served re-
freshments of birthday
cake and ice cream.
The honoree is the
daughter of Mr. and Mrs.
Jimmy Rinehart.
Local AARP
Meeting Is
Set May 1
The Rusk Chapter of the
American Association of
Retired Persons Inc. will
meet at 7 p.m. May 1 in the
Fellowship Hall of First
United Methodist Church.
Mrs. Jim Madden, pro-
gram chairman, announ-
ces that a speaker will be
provided from the Rusk
Bicentennial Commission.
Aims and goals of the
commission will be outlin-
ed.
Jos. E. A. Ross announc-
ed that final plans are
underway for the Defen-
sive Driving Course. The
course will be held at 6 p.m.
Monday. May 5 and
Wednesday, May 7. "The
Defensive Driving Course
books will be distributed at
the May 1 meeting," says
Ross.
Thimble Club
Has Meeting
The Rusk Thimble Club
met Wednesday, Apr. 16 in
the home of Mrs. Vernie
Minter.
Mrs. Pauline Isgate,
president, presided at the
business meeting.
Members,.present were
Flora Weaver, Maudice
Long, Floy Nelson, Gladys
Goodson, Ina Woods, Thel-
ma Hillin, Ottie Wallace,
Pauline Isgate, Rosalie
Thomas and Ella Reed.
Members spent the after-
noon visiting and doing
handwork.
Sandwiches, carmel pie,
potato chips and soft drinks
were served.
RUSK FOLKS
Mrs. Pearl McLeod and
grandson Robert Beasley
were Sunday guests of the
former's son-in-law and
daughter Mr. and Mrs. E.
C. Barnes and two daugh-
ters at Irving.
Mr. and Mrs. Milton Buie
and daughters Blake and
Ellen of Houston spent the
weekend here in the
Perkins home and visited
her brother and family,
Mr and Mrs. Jim Perkins.
f
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The Cherokeean. (Rusk, Tex.), Vol. 126, No. 9, Ed. 1 Thursday, April 24, 1975, newspaper, April 24, 1975; Rusk, Texas. (https://texashistory.unt.edu/ark:/67531/metapth151120/m1/11/: accessed May 22, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Singletary Memorial Library.