Typed as spelled and written
Lena Stone Criswell
THE MARLIN DEMOCRAT
Eighteenth Year - Number 51
Marlin, Texas, Saturday, November 16, 1907
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CITATION BY PUBLICATION.
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The State of
Texas: To the Sheriff or any Constable of Falls County,
Greeting:
You are hereby commanded to summon the
heirs of Peter Herrington, deceased, whose names and residences are unknown, and
the heirs of Benjamin Fuller, deceased, whose names and residences are unknown,
and the heirs of A. Parker, deceased, whose names and residences are unknown,
and the heirs of P. C. Calvert, deceased, whose names and residences are unkown,
to appear at the next regular term of the District Court of Falls county, Texas,
to be held at the court house thereof, in the town of Marlin, on the second
Monday in January, 1908, being the 13th day of January, A. D., 1908, then and
there to answer a petition filed in said court on the 5th day of Nov., 1907, in
a cause numbered No. 7292, wherein Lucy J. Calvert, Virginia Curry, joined by
her husband, T. G. Curry, Paulin Holbert, and Hill J. Calvert are plaintiffs,
and the unknown heirs of Peter Herrington, Benjamin Fuller, A. Parker and P. C.
Calvert are defendants, the cause of action being alleged as follows:
That on Nov. 1st, 1907, and for many years
prior thereto, plaintiffs were and now are by reason of being the sole surviving
heirs at law of James H. Calvert, deceased, lawfully seized and possessed and
own in fee simple, the following described tract of land in Falls county, Texas,
a part of the west half of the Peter Herrington headright league, and beginning
at the S. E. corner of a 200 acre survey made for Terry and James Snider from
which a P. O. 12 in. dia. brs. N. 65 W. 7 vrs. another P. O. 14 in dia. brs. N.
20 E. 6 4 1-2 vrs. Thence S. 32 E. 2553 vrs. to a stake from which a
hickory 8 in. dia. brs. due N. 7 vrs. marked "F", a B. J. 15 in dia. marked "F"
brs. 80 E. 14 vrs. Thence S. 58 W. 1204 vrs. to a stake from which a B. J.
S. 8 in. dia. brs. N. 50 W. 2 vrs, marked "X," a hickory 8 in. dia. brs. N. 31
E. 10 vrs. marked "F,"
Thence N. 2553 vrs. to a stake from which a P.O. 15 in dia. brs. E. 16 marker
"X." Thence N. 58 E. 1204 vrs. to place of beginning, containing (can't
read) acres of land. That on Nov. 17, 185-, Peter Herrington, now
deceased, was the owner of one league of land in Falls county, including above
tract, and that on said date he conveyed an undivided one-half interest in same
to Benjamin Fuller, now deceased and that thereafter on or about Jan. 1st, 1854,
said Peter Herrington and Benjamin Fuller partitioned said league, the said
Peter Herrington taking the east half and the said Fuller the west half of said
league, but that said deed of partition was never recorded, and that said
failure to do so record is a cloud upon the plaintiffs' title as said partition
forms a link in their chain of title.
That on Nov. 8th, 1854, the said Benjamin
Fuller, by deed duly recorded in Book B, page 258 Deed Records of Falls county,
Texas, on Nov. 23rd 1854, conveyed to A. Parker, 744 acres out of said west half
of said league 544 acres, and that said deed was witnessed , at grantor's
request, by G. M. Coursey, R. F. Tolmer and Jacob Smith and that said witness,
G. M. Coursey, appeared before Samuel D. Barclay, county clerk of Falls
county, Texas, and made affidavit as required by law, but that said officer
failed (--) make his certificate in form as required by law, but made one of
doubtful form instead, and the form of said certificate is a cloud upon
plaintiffs' title; that said A. Parker died intestate and without issue and that
thereafter his widow, Mary D. Parker, conveyed the above described tract to
James H. Calvert, that said above described tract of land was the
community property of the said A. Parker and Mary D. Parker and that said Mary
D. Parker upon the death of said A. Parker immediately became vested with the
fee simple title to the whole of said tract, but that brothers and sisters, and
their heirs, of the said A. Parker, are setting up some pretended title to said
land by virtue to such relationship and that said claim is a cloud upon
plaintiffs' title as said deed forms a link in plaintiffs' chain of title; that
on the 10th day of May 1883, the said James H. Calvert conveyed the above
described 544 acres of land to P. C. Calvert, now deceased, and the total
considderation being the execution by said P. C. Calvert of two promissory
vendor's lien notes for the sum of $1250.00 each, payable to James H. Calvert,
Jan 1st, 1886; that said notes were never paid, either whole or in part, and for
the cancellation of same P. C. Calvert on or about Jan. 1st, 1886, reconveyed
said land to said James H. Calvert but that said deed was never recorded and
that such failure is a cloud upon plaintiffs' title as they inherit from said
James H. Calvert. That Lucy J. Calvert, a femme sole, is the surviving
wife of James H. Calvert, and that Virginia Curry and Pauline Holbert are his
daughters and that Hill J. Calvert is a son of said James H. Calvert, and are
the sole surviving heirs of said Calvert, and such file this suit that said
James H. Calvert died intestate on or about June 1st, 1890, and that there was
no administration of said estate and no necessity therefore. Plaintiffs
further allege that they and their ancestors have had and held peaceable,
continuous and adver(---)
possession under title from and under the State of Texas, to said land, for more
than three years after defendants' cause of action, if any they ever had,
accrued, and next proceeding the filing of this suit; that they and their
ancestor have been claiming said land under a chain of deeds from the
sovereignty of the soil, duly registered and have had peaceable, continuous and
adverse possession thereof, and paying all taxes due thereon, for a period of
more than five years after defendants' cause of action, if any they ever had,
accrued and next preceding the filing of this suit; that they now have and have
had peaceable and adverse possession by an actual enclosure of said land,
cultivating, using an denjoying the same and claiming same against the world,
for more than ten years after defendants' cause of action, if any they ever had
accrued, and next preceding the filing of this suit; and they especially plead
the statues of three, five and ten years limitation. Plaintiffs pray that
they have judgment against Peter Herrington's unknown heirs recognizing and
validating the aforementioned partition between said Herrington and Fuller;
against Benjamin Fuller's unknown heirs removing any cloud that said certificate
of acknowledgment may be upon said title and divesting them of any title to said
land; that they have judgment against A. Parker's unknown heirs divesting them
of any interest in said land removing any cloud that any claim they may have or
may hereafter assert by virtue of being brothers or sisters, or the heirs, of
said A. Parker; that they have judgment for the cancellation of the deed from
James H. Calvert, P. C. Calvert, and for the recovery of title to said land and
that they be quieted in the possession thereof, and for costs of suit and for
general special relief, whether legal or equitable.
You are further commanded to serve this
citation by publishing the same once in each week for eight successive weeks
previous to the return day hereof, in a newspaper published in your county where
a newspaper is published. Herein fail not, but have you before said court,
on the said first day of the next term thereof, this writ, with your return
thereon, showing that you have executed the same. Witness M. V. Bradshaw,
clerk of the District Court of Falls county. Given under my hand and seal
of office, in the town of Marlin, this the 5th day of November, A. D. 1907.
M. V. BRADSHAW.
Clerk of the District Court, Falls Co.
I hereby order this Citation published in
the Marlin Democrat, a newspaper published in Marlin, Falls County, Texas, for
the time specified.
M. J. POOLE.
(Cant read) Sheriff, Falls
County, Texas. (may be 1888)