The Crockett Courier (Crockett, Tex.), Vol. 23, No. 34, Ed. 1 Thursday, September 19, 1912 Page: 3 of 8
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Citation by Publication.
The State of Texas, to the Sheriff or any Constable
of Houston County, Greeting:
You are hereby commanded to summon the un-?
known heirs of J. F. Beavers, deceased, the un-
known heirs of Mary Ann Beavers, and the un-
known heirs of R. E. Herndon, deceased, by mak-
ing publication of this Citation once in each week
for eight successive weeks previous to the return
day hereof, in some newspaper published in your
county, if there be a newspaper published therein,
but if not 'then in any newspaper published in the
nearest county to your county, to appear at the
next regular term of the District Court of Houston
county, to be holden at the court house of said
Houston county, in the town of Crockett, on the
fifth Monday after the first Monday in September,
A/ D. 1912, the same being the 7th day of October,
A. D. 1912, then and there to answer a petition
filed in said court on the 29th day of July, A. D.
1912, in a suit, numbered on the docket of said
court No. 5397, wherein J. W. Hail is plaintiff
and the unknown heirs of J. F. Beavers, deceased,
the unknown heirs <A Mary Ann Beavers, de-
ceased, the unknown of R. E. Herndon; de-
ceased, and L. Meriwether, T. H. Daiiey, Jessie
Dailey, Frank Rainey, Jessie Meriwether and
Gertrude Meriwether are defendants, and said
petition alleging that plaintiff is owner in fee sim-
ple of the following described property, situated in
Houston county, Texas, about 10!4 miles west from
the town of Crockett, and more particularly de-
scribed as follows, to-wit:
FIRST TRACT: Same being 320 acres, the R. D.
Aprice survey, granted to J. F. Beavers, Ass.
of said Aprice, by patent No. 3S2, dated Novem-
ber 6th, 1861, recorded in Vol. 7, page 211, of the
Deed Records of said Houston county, and bound-
ed as follows: Beginning at the S. W. corner of a
survey in the name of Jas. A. Miller, a post oak
mkd JAM. Thence with John R. Burton's sur-
vey S 55 W 255 vrs a corner of same on F. Del
Valle'8 Eleven League line, a post oak brs N 35 W
2 5-10 vrs. Thence with said Del Valle's Eleven
League line north 33 west 2444 7-10 vrs corner,
Thence east 1610 vrs, interesects the west line of
said Miller's survey. Thence south with said line
1856 vrs to the place of beginning.
SECOND TRACT: Same being 283 acres of land,
situated and described as follows: Being the R.
D. Aprice survey. gVanted to J. F. Beavers, Asse.
of said Aprice, by patent No. 354, dated Novem-
ber 6th, 1861, recorded in Vol. T, page 765, of the
Deed Records of said Houston county and bounded
as follows: Beginning at the N W corner of Jas.
Miller's survey on the R. de la Garza Eleven
League line. Thence south with Miller's line 1531
vrs a corner. Thence west with another survey
made for said Aprice 1610 vrs, the northwest cor-
ner of said survey. Thence N 35 W with F. del
Valle's Eleven League line 332 vrs its north cor-
ner'on R. de la Garza's Eleven League line.
Thence with said line north 55 east 2198 vrs to the
place of beginning.
Plaintiff alleges that he and those under whom
he claims title to said land have been in the ac-
tual, continuous, peaceable and adverse posses-
sion thereof, under title, color of title and deeds
duly registered for periods of three, five and ten
years, respectively, and especially pleads the
three, five and ten years Statutes of Limitation
in bar of any adverse claim to said land. Plaintiff
further alleges that the Deed Records and Probate
Records of said Houston county were destroyed by
fire about the year 1865, and again in about the
year 1882, and that at said dates practically all of
the Deed Records, Probate Records and Judgment
Records of aaid county were destroyed, and there
is nothing now showing the qualification of the
administrators of the estate of John F. Beavers,
deceased, under his will, and nothing to show that
an inventory and appraisement of said estate was
ever filed, as required by law, and no evidence to
show why only one of the duly appointed execu-
utors of said estate acted, and all of which casts
a cloud on plaintiff's title; plaintiff further al-
leges that at the date of death of said J. F. Beav-
ers the title to said property vested in him, and
that afterwards, to-wit, July 2, 1873, F. L. Meri-
wether, as administrator of estate of R. E. Hern-
don, deceased, recovered judgment against the
executor of said J. F. Beavers, deceased, estate,
and said property was sold to F. L. Meriwether,
under an execution issued out of said court on
said judgment.Ibut that by reason of the destruc-
tion of said records, said judgment, execution
and officer's return thereon, if same was ever ob
tained, have been destroyed, which casts a cloud
on plaintiff's title; that in a deed from F. L.
Meriwether and his children, joined by their hus-
bands, of date March 5, 1880, conveying said
property to Willie G. Edens and Fannie I. Rainey,
two of the children of said F. L. Meriwether,
Frank Rainey, husband of said Huida Rainey. a
daughter of said F. L. Meriwether, did acknowl-
edge! said deed, as required by law, which casts
a cloud on plaintiff's title; that said property was
community property between said F. L. Meri-
wether and his wife, and at death of said wife,
the said L.! Meriwether, Jessie Meriwether, who
married T. H. Dailey, Frank Meriwether, Huida
Meriwether, who! married Frank Rainey, Willie
Meriwether, who married B. F. Edens, Fannie
Meriwether, who married Anson Rainey, were
sole and only heire of said F. L. Meriwether and
his wife, Mrs. F. L. Meriwether; that said F. L.
Meriwether is now deceased; that the said Frank
Meriwether is now deceased and left as his sole
and only heirs, Jessie and Gertrude Meriwether,
and thatlWillie G. Meriwether, who afterwards
became the wife of B. F. Edens, is now deceased,
and left as her sole and only heir, Edna Edens:
and that said Huida Rainey died intestate and
without issue; that Walter E. Burnett at one
time owned said property, and at the time of his
death, the title to same still remained in him,
and that he died intestate and without issue, and
left as his sole; and only heirs, his father, J. H.
Burnett and his mother, Catherine A. Burnett,
and that any .other or further claims of any of
«aid defendants in and to said property are un-
known to this plaintiff. Plaintiff prays for judg-
ment to said land, removing all clouds therefrom,
substituting all missing instruments, and for such
other and further orders and decree* as he may
be entitled to in the premises.
Herein fail not, but have before said Court, at
its aforesaid next regular term, this writ, with
your return thereon, showing how you have exe-
cuted the same.
Witness J. B. Stanton, clerk of the District Court
of Houston county.
Given under my hand and the seal of said Court,
at office in Crockett, this the 29th day of July, A.
D. 1912. J. B. STANTON,
Clerk District Court, Houston Couaty.
Citation by Publication.
The State of Texas, to the Sheriff or any Constable
of Houston County, Greeting:
You are hereby commanded to summon the un-
known heirs of Alfred Cannon, deceased, and the
unknown heirs of Elijah Wheeler.deceased, by mak-
ing publication of this Citation once in each week
for eight successive weeks previous to the return
day hereof, In some nawspaper published In your
county, If there be a newspaper published there-
in. but if not. then in any newspaper published in
the nearest county to your county, to appear at
the next regular term of the District Court of
Houston county, to be holden at the Court House
of said Houston county, in the town of Crockett,
on the fifth Monday after the first Monday in Sep-
tember, A. D. 1912, the same being the 7th day of
October, A. D. 1912, then and there to answer a
petition filed in said Court on the 29th day of July,
A. D. 1912, in a suit, numbered on the docket of
said court No. 5400, wherein Chas. M. Smith, Sr.,
is plaintiff, and the unknown heirs of Alfred Can-
non, deceased, and the unknown heirs of Elijah
Wheeler, deceased, are defendants, and said pe-
tition alleging that plaintiff is the owner In fee
simple of the following described tracts of land,
situated in Houston county, Texas, about five
miles from the city of Crockett, and more par-
ticularly described as follows: First Tract—Being
a part of the Elijah Wheeler league, same being
a part of the tracts of said league eonveyed by
Mary A. Leaverton to the Texas Land Company,
one of 200 teres, by deed dated June 15th, 1J87,
recorded id Vol. Z, page 236 et seq of the Deed
Records of said Houston county, and one of 123
acres by deed dated December 29th, 1874, recorded
in Vol. 6. page 509 et seq of said Deed Records, and
bounded as follows: Beginning at the N. E. cor-
ner of said 200 acres in the north line of said
Wheeler league 2 small post caks and a black
jack mkd X. Thence west with said line at 443
vrs pass northeast corner of said 123 acre tract,
700 vrs to the corner on branch, elm 8 inches mkd
X bra S 19 E 5 vrs, pin oak 8 inches mkd X brs S
63 E 2 vrs. Thence south 465 vrs to corner on
the Crockett and Tadmore road, a post oak 40 in.
dia. mkd X brs N 50 E 14 vrs. Thence with the
meanders of said road N 66 E (a) 281 3-10 vrs
cross the east line of said 123 acre tract)
380 vrs, S 85 E 230 vrs and east 124
vrs to corner on the east line of said
200 acres, post oak 12 in. dia. mkd X brs N 3 E 10
vrs. Do. 6 in. dia. mkd X bra S 2 E 10 vrs. Thence
north with said line 330 vrs to the place of begin-
ning, containing 44 acres of land, more or less.
Second Iract: Being a part of the Alfred Cannon
106 7-10 acre Pre. Survey, and described by field
notes as follows; Beginning at the south corner
of J. Masters' labor on Wheeler's north line.
Thence with Masters' line north 45 east 1231 vrs
to Dawson's corner. Thence south 872 vrs to
corner In said Wheeler's north line. Thence west
with Wheeler's north line 912 vrs to the place of
beginning, containing 70 acres of land, more or
less, except 20 acres out of said 70 acres, con-
veyed by us to J. G. Matlock by deed dated De-
cember, 4, 1906, and duly recorded in Volume 43,
page 63, of the Deed Records of said Houston
county, and said 20 acre tract described by field
notes as follows: Beginning at the corner of a 70
acre survey sold by J. G. Matlock to Mrs. Lena
Robbins, dated February 23rd, 1900, and duly re-
corded In Vol. 27, page 128, of said Deed Records,
said corner being the S E corner of Masters labor
and being a corner of Mrs. Tims' tract of land,
corner near a branch, two hickories mkd X.
Thence S 45 W with said Masters labor at 556 vrs
corner on said line a pine 7 in. dia. mkd X brs S
75 E 3 vrs, a hickory 5 in. dia. mkd X brs N 5 E
3 vrs. Thence S 38 E at 200 vrs corner a post oak
16 in. dia. bra east 4H vra. Thence N 4S E at 376
vrs stake a rock for corner on the division line of
the Alfred Cannon survey between Rosa and Bill
Cañnon. Thence north at 280 vra to the place of
beginning; plaintiff alleges that he and those
under whom he claims title, to said land have
been in the actual, contluuous, peaceable and
adverse possession thereof, cultivating, using and
enjooing the same for periods of five and ten
years, respectively, and the plaintiff specially
pleads the five and ten years Seatutes of Limita-
tion in bar of any claims asserted by the defend-
ants to said land, and the plaintiff sets out in his
original petition all the deeds and other instru-
ments under and by vrrtue of which he claims title
to said land; plaintiff alleges that part of said
land, on said Wheeler league, was conveyed to
William R. Matlock, and at the death of said
Matlock, he left a will devising all of his property
to his wife, Mary A. Matlock; that said Mary A.
Matlock afterwards married a man by the name
of Leaverton, and at the time of the conveyance of
said property to one of plaintiff's remote vendors,
to-wit, TheTexas land Company, on the 29th day
of December, 1874, said Mary A. Leaverty was a
widow, her second husbond having departed this
life; plaintiff alleges that there is no deed on Rec-
ord out of said Elijah Wheeler, or out of the said
Alfred Cannon or out of all of the heirs of the said
Alfred Cannon, conveying said land to any one;
plaintiff alleges that one of the parties under
whom he claims a part of said land, to-wit, Roso
Harkens, wife of Oscar Harkens, was one of the
children and heirs at law of said Alfred Cannon,
and that said Rosa Harkens joined by her husband
conveyed that part of said land claimed here-
in by plaintiff to Craddock & Company by deed
dated July 27, 1896, and that none of the other
heirs of said Cannon joined in said deed, and that
a part of said above described land was cynveyed
to plaintiff's remote vendor, to-wit, J. G. Matlock,
by Lundy & Thompson, by deed dated June 21,
1897; that by reason of all of the above allega-
tion* a oloud is cast on plaintiff's title; that any
other or futher claims of any of said defendants
in and to said land, are unknown to plaintiff.
Wherefore plaintiff prays that Citation issue and
for judgmegt for said land, removing ail clouds
therefrom and for special and general relief.
Herein fail not, but have before said court, at
its aforesaid next regular term, this writ, with
your return thereon, showing how you have exe-
cuted the same.
Witness J. B. Stanton, Clerk of thé District Court
of Houston county.
Given under my hand and the seal of said Court,
al office in Crockett, this the 29th day of July, A
D. 1912. J. B. STANTON,
Clerk District Court, Houston County.
Citation by Publication.
The Slate of Texas, to the Sheriff or any Constable
of Houston County, Greeting:
You are hereby commanded to summon the un-
known heirs of Jose Miguel Muequez, deceased,
the unknown heirs of Samuel Hunter, deceased,
the unknown heirs of C. S. Fraley, deceased, the
unknown heirs of Sarah Fraley, deceased, the un-
known heirs of George B. Holmes, deceased, the
unknown heirs of T. T. Gammage, deceased, and
the unknown heire of Frank W. Jackson, deceased,
by making publication of this Citation once in
each week for eignt successive weeks previous to
the return day hereof, in some newspoper pub-
lished in your county,, if there be a newspaper
published therein, but if not, then in any newspa-
per published in the nearest county to your coun-
ty, to appear at the next regular term of the Dis-
trict Court of Houston county, to be holden at Ihe
Court House of said Houston county, in the town
of Crockett, on the fifth Monday after the first
Monday in September, A. D. 1912, the same be-
ing the 7th day of October, A. D. 1912, then and
there to answer a petition filed in said Court on
the 31st day of July, A. D, 1912, in a suit num-
bered on the docket of said Court No. 5402, wherein
John R, Mclver is oiaintiff, and the unknown
heirs of Jose Miguel Musquez. deceased' the un-
The Fall Season
Is Approaching
And special space in this paper
can only be guaranteed to ad-
vertisers making contracts for
same. Irregular advertising can
only be placed in the regular
make-up of the paper.
Copy for ads in the Courier should
be brought in on Monday, and not
later than Tuesday morning.
known heirs of Samuel Hunter, deceased, the
unknown heire of C. S. Fraley, deceased, the
unknown heirs of Sarah Fraley, deceased, the un-
known heire of George B. Holmes, deceased, the
unknown heirs of T. T. Gammage, deceased, and
the unknown heire of Frank W. Jackson, de-
ceased, are defendants, and said petition alleging
that plaintiff is the owner in fee simple of the
following described tract of land, situatee in
Houston county, Texas, on the Trinity river, same
being 201 1-28 acres, situated S 55 W about 21 'A
miles from Crockett, under and by virtue of cer-
tificate issued to Samuel Hunter, dated February
22,1854, and described by field notes as follows,
to-wlt: Beginning at the N W line of a 320 acre
survey in the name of John Bo*, 17 vrs from the
N W corner being the corner of another survey in
the name of J. H. Moore. Thence with Box's
line N 55 E at 1223 vrs the south corner of a sur-
vey in the name of Archibald Henrie. red elm 3
feet, brs N. 53 W 4Í4 vrs. Thence west with A.
Henire's line at 991 vrs, Trinity river, ash bre
N 66 E 11 vrs, mkd X. Thence down said Trinity
river 100 vrs. Thence S 45 W 280 vrs. Thence
S. 70 W 490 vrs. Thence S 45 W 100 vrs. Thence
S 14 W 166 vrs, stake on the east bank of Trinity
river. Thence east at 1635 vre to the place of
beginning, and plaintiff sets in full in his original
petition in this cause the instruments under which
he claims title to said land. Plaintiff alleges
that he and those under whom he claims title to
said have been in the actual, continuous, peacea-
ble and adverse possession thereof, cultivating,
using and enjoying the same under deeds duly
registered, paying all taxes due thereon, for a
period of five years immediately preceding the
filing of this suit, and that be and those under
whom he claims title to said land have been in
the actual, continuous, peaceable and adverse
possession thereof, cultivating, using and enjoy-
ing the same for a period of more than ten years
immediately preceding the filing of this suit, and
he pleads especially the five and ten years Stat-
ntes of Limitation in bar of any claim asserted to
said land by said defendants; that the certificate
issued to Samuel Hunter for said land, by mis-
take in location was laid over the Jose Miguel
Musquez 11 League Grant, woich was at that time
and is now a valid grant, and by reason of such
conflict, said certificate issued to said Hunter was
cancelled; that Such cancellation was made by
Commissioner of General Land Office of Texas
long after plaintiff had acquired title to said land
and had taken actual possession thereof under
duly executed deeds and that plaintiff's right to
said property had set up and inured to his bene-
fit; that there is no title to said land out of Sam-
uel Hunter, said original grantee; that there is no
title out of the defendants, C. S. Fraley and Sarah
Fraley, who at one time owned said property;
that undivded interests in said Musquez grant
were conveyed at various times to George B.
Holmes, T. T. Gammake and Frank W. Jackson,
and that no conveyance of said property was
made by either of them, all of which casts a
cloud on plaintilTf title. Wherefore, plaintiff
prays for citation in terms of the law, for judg-
ment for said land, quieting his title thereto, re-
moving all clouds therefrom, substituting all mis-
sing instruments, and for special and general re-
_ Herein fail not. but have before said Court at
the aforesaid next regular term, this writ, with
your retrun thereon, showing how you have exe-
cuted the same.
Witness J. B. Stauton. clerk of the District Court
of Houston county.
Given under my hand and the seal of said Court,
In ,hu *■
. „ Clerk Dlltrict Court. Houston County.
J. H. Sharp. Deputy.
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Aiken, W. W. The Crockett Courier (Crockett, Tex.), Vol. 23, No. 34, Ed. 1 Thursday, September 19, 1912, newspaper, September 19, 1912; Crockett, Texas. (https://texashistory.unt.edu/ark:/67531/metapth177676/m1/3/: accessed May 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.