The Fairfield Recorder (Fairfield, Tex.), Vol. 46, No. 48, Ed. 1 Friday, August 25, 1922 Page: 4 of 6
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Oo.# Humble Oil & Refining Co.,
Charles C. Benner, Atlantic Oil I're-
ducing CoM T.-L. Smith, «Jr., Gulf
Producing Co., Dan Dillon, Sun Co.,
and S. C. Henley, as defendants.
Said suit being No. 12010, a brief
statement of such cuuse of action
being as follows, to-wit:
The kind or nature of plaintiff’s
suit is an action (to wind up and!
terminate a certain trust alleged toj
have existed by virtue of u trust in-
strument between plaintiff and ti;e|
defendant^ Copeland, Clawson, Ken'
end i.nolht-r trustee now deceased,
. onceri.ing and involving the lands'
itni. "■*!•>rst.; hereinafter described;!
a* "V'r from all the defendants
mid I md interests therein; to;
and against the will and wishes of tracts of land lying about two miles at the 8.
this plaintiff; that this plaintiff’s North of the town of Wortham, Smith’s N. W. corner; thence With
said property, as heretofore shown,. deeded to P. M. Speed and wife, Al- William Smith's North boundary
defendants in the icu H. Speed, to George P. Bounds 'line 1443 vrs. to T. P. Castle’s W.
B. corner, also William • 288 vrs. to a stake in.the W. line ef the N. E. corner of the land sold by
™ -- — - -> «»«**- ‘ *’ “ ” ngbotham to the H. A T
id C
was employed by defendants in the ice . . m
manner here shown ami entered’into et al, on the 29th day of December, boundary, line; thence w^th. Castle’s
the acquisition of said pretended newi 1916, containing 282 acres of land. W. line 430.31 vrs.; thence
leases, without which such new leas-1 (d) John T. Bounds, J55.75 acres:---~:*u ™inl— ”
never would have been expcytqd Situuted in the County of Freestone
by said land owners unto said
Sr
dants, or any of them; tliat the tak-
ing of said Raises in the narnep of
said-defendants, or some or any of
them, was without the knowledge or
.unseat, and against the will Tund
wishes of this plaintiff and in viola-
t\>n of the trust hereinbefore plead-
ed, and in fraud of this plaintiff’s
rights.
W herefore, he prays that each and
every instrument in any manner
whatever, .of lease, agreement or
■ a., 'i*eetued that any and all claims' contract, conveying unto the said
any of the defendants in . said defendants Hamilton, Hooser and
i,i* *ls, <»r anyof them, arc held by I Hunter, Brothers Oil Co., Inc., or
-in defendants so holding in trust I either, or any of them,- ol
'i,r the plaintiff; to recover from do.-1 any rights, interests or title
■Vndi.iits the right, title and posses-1 whatsoever in and to the min-
,iOii of ail sqid lands and seeking the 0ral in and to, or under any
ippointment of ;( receiver for such of the lnt’.b'- heretofore mentioned
-ropet'ties. and set forth, or constituting the
‘'Tile plaintiff alleges that on the properties and estate of said trust as
i2th day of September, 1919, he was heretofore t leaded, was and is, and
the owner of the mineral leases gver should lie, in trust, as upon a
'nontioiu d and described beronfti r,! resulting trust,' in conscience and
aid • as trustor, executed a certain j equity, for this plaintiff, as the sole,
rust agreement with defendant i rightful owner of all beneficial in-
Mark A Copeland, Samuel S. Claw- j terests in and to said lands; that
eon and cm David Walker Milam. ; said defendants, or any of them,
iow deceased, as trustee, such estaU I .••mnot in good faith and in equity,
o be operated for the benefit of the, j)e the owners or owner of any in-
..older of the beneficial interests j dividual right or interest in any of
Mien in; that the plaintiff is tin , >saui [eases as against the superior
■ ole owner of all beneficial interests rights of this plaintiff.
n said estate; that the trustees Paint iff alleges that heretofore,
■viiiiout any right of authority j on, to-wit, May 1, A. D. 1922, this
whatever, and in violation of their | plaintiff Was the owner in his sole,
rust, have (assigned, or attempted separate right of all those leasehold
:o assign said properties, or a large estates in and to the mineral rights
portion of said properties, to others jn an,[ t0 tp various tracts of lands
,>f the defendants; that said trustees
otherwise breeched said trust
;.-h ted their duties
...Diet to said prop-
•intiff; that by the
thorite
save
iristrunieiii, ... ’
:*,■> trust. . > -.v i
■ 11‘tii‘S <\H< * 4i• J
terms «i .->.1"; t.u.-.t i
trustees liiu. no p**'.
lu make sue i ujs.g.iine.itj u* convey-
ances of the trus. pi pe; ty Without
the plauitiff’s consent, and that
plaintiff never at any time author-
ized such conveyances of assignment,
or consented thereto in any way;
that the defendants had knowledge
if the lack of power in such trustees
to m^Jte such assignments and con-
veyances, and were chargeable as
matter of law with notice of lack of
such power and authority.
That the defendants and all are
claiming to own said lands or some
herein described and referred to as
being embraced in, or contemplated
by, the said trust instrument and
trust estate evidenced by said instru-
ment of date Sept. 12, A. D. 1919,
ner.t such j und hereinbefore described, and was
nterest therein, but that each and
all of such claims are by and
through, or under the pretended
onveyance or assignment of the
said trustees, and are therefore of
rro force or effect;
That the holding or pretended
- olding of each and every defend-
ant of said lands, or any part there-
of, is in truth in trust for plaintiff;
nat plaintiff was, and at all times
as been, the owner of ail the bene-
ficial interest in said estate, and that
has never transferred or assigned
le
or com
hereof, by any written conveyance,
ontraet or instrument, whatever,
or which reason al3o the pretended
lain; or claims of the defendants are
•if no force whatever as being in
delation of the statute of frauds in
in the quiet, peaceable possession
thereof when the defendants, each
and all, entered ami ousted t„n;
therefrom, and withhold the title
.md possession thmeof from hm.. all
t«, his great damage in the sum of
.5 1,000,000.00.
Plaint'ff alleges al each u.i 1 all
of the claims of ■ r ;i and all o'f the
defendants to the* lauds am1 lease-
hold interests claimed by plaintiff
arq void ami of no force for this,
that each such claim .is by and
through the alleged wrongful and
void acts and conduct of the defend-
dants Copeland and Clawson, and
that each and every defendant had
actual and full knowledge, and was
by law charged with such knowledge
that the defendants Copeland and
Clawson had no power or authority
to assign, or in any wise transfer
plaintiff’s said properties; that in
each and every instance where tho
conversion and appropriation of
plaintiff’s property has taken the
form of a surrender, forfeiture or
abandonment of his original leases
land owner
and the execution by the____________
eyed the‘same, or any part 0f a niiW ;euae covering the same
an.- wntfoil rnnvcuann> properties in whole or in part, the
defendants were each and all fully
advisee! of the facts so that such
holding of each and every defendant
of any part of said properties was
and is a holding intrust for the sole
ben'jfil of plasntiff. He alleges that
each and all of the defendants are
pretending to assent some right, title
or it ter it In and to the properties
the
wrong-
f defendant
Inw.cT,, an 1
imi
,his s|f&tt'( ’
That. r.btvyitl’.stand
th? cc.
rustffs Ccncl.vrrd a;.........., —,
et' - v-d . • t! • ' ’ re and I claimed by plaintiff or some part
notice, both actual ana constructive, j thereof ; that hr* is unable more fully
.ad anil possessed by in ■ defendants,1 ,() st,ato the exuct nature of the
Hamilton,-Hooser and Hunter and c|aims of defendants; tliat such
Hrothors Oil Co., and the other def-j claiins .(institute a cloud upon piain-
ndants, each and all herein, and os- tiff’s good title which ought to be
echilly notwithstandlrg said defen-1 removed.
'UCi
i-4’State Of Texas, and being 155 3|4
acres, a part of the William Richie
League, abufrt two miles N. E. of
the town of Wortham in said" Free-
stone County, Texas, containing
155 314’ atres^
(e) M. S. 'Bounds, 317.5 acres:
Being situated in Freestone Cuunty,
Texas, being the third truct of land
set apart to M. S. Bounds.
317.5 acres, being the third tract
of land set apart to M. S. Bounds in
the partition of the- estate of T. A.
Bound, deceased, and described by
metes and bounds as follows; Out of
the Snapp pasture in Freestone
County, Texas, and a part of the
William Richie League; and begin-
ning at the N. E. corner of 160 acres
3Ct apart to the heirs of Laura
McClelland, deceased; thence N. 55
W. 1720 vrs. stake on E. line of W
S. Evans tract; thence N. 50 E. 950
vrs corner; thence N. 55 W. 344 vrs;
hence N. 35 E. 270 vrs. stake in
•’.vans’ E line; thence S. 55 E. 1856
vrs stake in Wortham and Streetman
mblic road; thence S 35 E 1047 vrs
o the beginning, containing 317.5
icres of land.
(f) R. CT. Bounds^ 257.3 acres:
■Situated in the County of Freestone,
State of Texas, a part of the Wil-
liam Richie League, and described
yy metes and bounds as follows: Be-
ginning at a stake in Wortham and
Streetman road, same being N. E.
corner of the 317 112 acre tract set
apart to M .S. Bounds; thence N.
35 W. 1856 vrs. stake in W. S. Ev-
ans’ East line; thence N. 35 E.
782.6 vrs. stake in W. S. Ev-
ans’ East line, North of Cedar
Creek; thence S. 55 E. 1856 vrs.
stake in Wortham and Streetman
public road; thence S. 35 W. 782
Gj 10 vrs. to beginning, and, contain
ing 257 3|10 acres of land.
(g) Mrs. K. V. Bounds, 353.8
acres: Situated in the Counties of
Freestone and Navarro , State of
TeJtas, and being the South part of
my h6me place on East of H. & T.
C. R. R. and containing 240 acres of
land and bounded on North by Mc-
Clelland heirs, East of public road.
Also 116.8 acres, part of the Eli
Hillhouse survey in Navarro County,
Texas, and fully desrribed in the
partition deed of the T. A. Bounds’
estate.
And for definite identification of
said lands reference is here made to
said deed for descr.ption as recorded
in Navarro and Freestone Counties,
and to the deed records of said Free-
stone and Navarro Counties td show
good title in and to said lands.
(h) T. W. Bounds’ 412 acres:
Situated in Navarro County, Texas,
being 320 acres out of the William
Rice survey; 88 acres out_.of the
Carroll Shelton survey; 4 acres out
of the Henry Shelton survey.
First tract—320 acres; Begin-
ning at a pqint in the South boun-
dary line of the William Rice sur-
vey at the S. E. corner ofja 90-ucre
tract deed by Rice to J. E. Byers;
thence N 30 deg. E 203 vrs.'fb the
parallel with William Smith’s N.
line to Finch’s E. line 1443 vrs.;
thence with Finch’s E. line to place
of beginning.
Second tract—50 acres, ‘beginning
IQ vrs. B. of the J. W. Irvin N. E.
corner; thence N. to a stake* a dis-
tance of 196.59 vrs.; thence W. to a
stake id M. S. Finchfe E. line a dis-
tance of 1443 vrs.; thence S. with
tlfe Finch E. line 195.59 vrs. to J. W.
Irvin’s N, W. corner; thence ,with J.
W. Irvin’s N. line a distance of 1443
vrs. to' the place of beginning, the
same containing 50 acres and beiiq?
a part of the Turner Smith survey.
(m) E. It. Quin by, 320 acres: Sit-
uated in Navarro County, Texas, be-
ing a part of the Quinton N. Ander-
son survey, Patent No. 941, Vol. 16,
Abstract No. 25 in Navarro County,
Texas, described by metes and
bounds as follows, to-wit:
Beginning at a point in tho E.
line of said Anderson survsey 600.64
vrs. S. 30 E. of the N. E.‘ corner of
said Anderson survey, same being S.
E. corner of a 103-acre tract this
day leased to THE TEXAS COM-
PANY; thence S. 30 E. wjth said E.
line of said Anderson survey 127.417
vrs.; thence S. 60 W. with a line par-
allel to the N lino of said Anderson
survey 1344 vrs. to the W. line of
said Anderson survey; theSce N. 30
W. with said W. line, of said Ander-
son survey 127.417 vrs. to a point in
said line, which is the S. W. corner
of a 103-acre tract this day leased
by us to THE TEXAS COMPANY;
thence N. 60 E. with a line parallel
to the N. line of said Anderson sur
vey, same being the S. line of said
The Texas Company tract, 1344 vrs.
to the place of beginning, contain-
ing thirty and one-third (30 1|3)
acres of land.
(n) Mrs. W. N. Odom, 150 aeres;
Situated in Navarro County, Texas,
150 acres out of the William Rice
survey, Beginning at the N. W. cor-
ner of the William Rice Survey;
thence N. 60 1|2 deg. E. 1729 vrs.
to the N. E. corner of said .survey;
thence S. 30 deg E 489 1|2 vrs. to a
rock; thence S. 6<k 1|2 W. 1729 vrs.
to a rock in the W. boundary line of
said survey, whence an elm 10 inches
in diameter brs. 42 1|2 deg. W. 25
3j4 vrs.; thence N. 30 W. 489 1|2
to phfce of beginning. (Deed:
the W. H. Smith survey; thence N.]R. B. Loi
30 W. with said 8. line 638 m. C. Railroa.
stake for corner; thence S, 48.25 W.
510 vrs. to the N. E. line of the T.
T. Curry survey; thence S. 56 E.
with said line 562.6 vrs. to the Be-
ginning. The land heroin conveyed
being in the aggregate of 128 acres,
and approximately 108 in Navarro
County gnd 20 aeres in Freestone
County.
- (u) J.. V. Bounds, Jr., Trustee,
395 acres: Being a part of the land
sot apart to the heirs of Laura Mc-
Clelland deceased, viz:
Granville* McClelland, Elgin Mc-
Clelland and Rufus McClelland held
by J.V. Bounds, Jr., trustee, under
Co.; thence W with said
line 641 vrs. to stake; thence with
said gailroad right of way 557 vn
to the beginning, containing 56
acres of land.
(zzz) A. H. Bounds, 360 acrem
Situated i n Freestone County,
Texas, and being that certain part
North of the Snapp pasture, consist-
ing .of three hundred and si^ty acres,
more or less, ac fully described in
deed from executors of the estate .of
Allen Bounds^ deceased, to A. H.
Bounds, recorded in Vol. 42, page
221 of the deed records of Freestone
County. For more definite identi-
fication of paid lands reference is
Am
11
thcwill of T. A. Bounds, deceased, hereby made to said deed records.
and being tracts No. 2 and No. 81 »n.d to show^good title to same in the
executed* said A, H. Bounds.-
in the partition deed
amongst the heirs of T. A. Bounds,| (») That certain mineral leash
deceased, situated in Navarro and I contract,'executed by M. S. Bounds,
Freestone Counties, Texas, and morei lessor,' to D. W> Milam, trustee, dat-
fully described in said lease of date <-‘d the 5th day of May, A. D. 1919,
June 25, A. D. 1918, recorded in; embracing 191 acres of land in the
dee records of Navarro County,' S. McNulty survey in Limestone
Texas, Vol. 226,'page 511. .County, Texas.
(v) J. P. Jackson, 288 acres: Sit-i (b) That certain mineral lease
uated in Freestone (Jounty, Texas,’contract, executed by' William H.
‘ Bounds, lessor, to D. W. Milam, dat-
ed July 11th, 1919, embracing 103
being a. part of the W. F. Sturett
survey, containing 280 acres of land
moFo or less, lying about 5 miles N.
E’. of the town of Wortham and own-
ed by J.' P. Jackson.
(w) J. N. Morrow, 295 acres: Sit-
uated in Navarro and Freestone
Counties, Texas; 35.9 acres out of
the E. Hillhouse survey, Abst. No.
338; 6.1 acres out of the J. C. Game-
well survey, Abst. No. 893; 100
acres out of the N. M. L. Anderson
survey, Abst. No. 24; 103 acres out
of the T. T. Curry Burvey; 50 acres
in Freestone County.
42 acres of the Hillhouse and
Gamcwell surveys: Beginning at the
S. W. corner of the J. C. Gamewell
160-acre survey, a stake in the N.
line of said Hillhouse survey; thence
N. 60 E. 216 vrs. to stake in line be-
tween said two surveys; thence N.
30 W. 47 1|2 vrs. to stake for cor-
ner^ thence N. 60 E. 687 vrs. to
stake in E. line of said Gamewell
survey; thence S. 30 E. 47 1|2 vrs.
to stake for the S. E. earner of said
Gamewell survey; thence S. 60 W.
35 vrs. to stake for the N. E. corner
of the said Hillhouse survey; thence
13. 30 E. with E. line of Hillhouse
survey 264.6 vrs. to stake, the N. E.
corner of said tract belonging to
Bounds; thence S. 60 W. with
Bounds’ N. line 814 vrs. to his N.
H. & T. C right of way; theiice N.
” with said railroad. 1059
innte »i II know tha’ tlrs plaintiff
.vas th<: Mole owner cf all beneficial
ntere^ti in and to all properties
niereais in aiui • to an properties
ind intereits entering into said trust
'•state, and that said defendant trus-
tees Copeland ami Clawson had no
tuthority to assign, convey or
alienate the same or any part there-
of, as undertaken by them, neverthe-
less the defendants Hamilton, Hooser
md Hunter and Brothers Oil Co.,
the last named defendant being a
corporation, and the defendant Hun-
ter being its agefit and nepresenta-
The lands and properties involved
in said suit are as follows, to-wit:
(a) J. V. Bounds, Jr., 318.7 acres:
Situated in Navarro County, Texas,
described as follows:
43.4 acres out of the H. T. Si B.
?.. E. Survey, Abst. No. 413; 194.1
acres out of the Henry Shelton
f Abst. ’950) and Carroll Shelton
(Abst. No. 901) Surveys. _
81.2 acres out of the Eli Hillhouse
Survey, Abst. No. 337.
Beginning at the S. W. corner of
the Vastine Bounds home tract in
tive m the matters herein complain-, the E. line of H. & T. C. <R. R
ed of, or some one or more of said j right "of way, and being the'N. W.
defendants, as hereinafter shown, in j corner of the C. S. Nash tract, and
pursuance cf, and acting under the
pretended rights acquired by them
in their said transaction and deal-
ings with defendant* trustees Cope-
land and Clawson, and taking advan
the S. W*. corner of a 43.4 acre tract
bought of the Wm. Rice estate;
thence N 60 E. at 822 vrs. the N.
W’. corner of East McCrory tract,
also being tho N. W. corner of the C.
‘age of their position through suchlg. Nash]tract, at 1486 vrs. S. E. eor-
tranaac lions and agreements, acting
with the knowledge and consent of
defendant trustees, the said Cope-
land and Clawson, and with their
connivance and acquiesence., in
breach of their trust as such trus-
tees, as heretofore shown, and act-
ing in conjunction with the said
defendants Cope'land and Clawson,
did. permit a very large part, if not
practically all, of said leases em-
braced and contemplated in said
trust agreement, constituting said
trust estate, to lapse, fail and forfeit
for want of attrition in the way of
payment of rental, and otherwise
complying with the terms, condi-
tions and requirements of said leases
and otherwise they did, in many in-
stances, release,
quit claim and af-
firmatively abandon said leases;
they did, likewise, as a part and par-
cel of their general secret under-
standing and agreement amongst
themselves, and in violation of the
rights of. this plaintiff, take other
pretended new leasee from the rein
pectiye owners of said lands, pre-
tending to convey by such parties, as
lessors, tho( identical leases and
rights theretofore convoyed by such
land owners, and theretofore owned
as hereinafter shown by this plain-
tiff, if hot to the full extent of said
acreage nevertheless to some extent;
that is to say, in some and many in-
tances for less acreage than
theretofore owned and enjoyed
by this plaintiff; that said transac-
tions, and especially the taking of
said new leases In the names of the
defendants Hamilton, Hooter and
Hunter end Brothers Oil Co., Inc.,
or any of these defendants, or of
other person, or defendant, wee,
the knowledge or
any othe
witbou*
ner of the J. V. Bounds and the S.
W. corner of the Gamewell tract;
thence N. 3Q W. 650 vrs. N. W. cor-
ner of the Gamewell tract; thence
N. 60 E. 83 vrs. S W corner of the
Bob Price tract; thence N. 30 W.
1099 vrs. corner in the E line of the
H..& T. C, R. R. right of way; thence
S. 11 W. with said right of way
2856 vrs. to the beginning, contain-
ing 235.5 acres of land, and being
43.4 acres out of a 640 acre tract
patented to Wm. Rice, assignee--of
the H. & T. B. R. R. Patent No. 126,
Abst. 415, and 194.1 acres put of, the
Henry and Carroll Shelton surveys.
Beginning at the N. E. corner of
the C. S. Nash tract; the N. W. cor-
ner of the McCrory tract East of the
railroad in S. line of the J. V.
Bounds home tract; thence S. 55 E.
\1044 vrs. corner in center of-/land;
thence N. 35 E. at 518 vrs. S. W.
corner of tract set apart to Mrs, T.
A Bounds; thence N. 41 W. 460 vrs.
to the N. Jn. corner of the part of
the McCrory tract set apart to Mrs.
Ti A. Bounds; thence N. 30 W. 262
vrs.; thence S. 60 W.’748 vrs. to be-
ginning, containing 81.2 acres out
of the Eli Hillhouse survey.
(b) Trank Bounds, 98 acres: Be-
ing in Freestone and Navarro Coun-
ties, Texas, and described as follows:
Being two tracts of the William
Richie League 'Survey, situated in
Navarro and Freestone Counties and
recorded in record for deeds in
Freestone and Navarro Counties, to
which reference js made for a bet-
ter description, containing 98 seres
of land.
(c) George P. Bounds, 282 acres:
Situated in Freestone County, Te«-
of the William
deg. E........— -------------
vrs. to the E. boundary line bf said
survey; thence N 30 deg. W v08 1|2
vrs. to the S. E. corner of If, N.
Odom’s 150-acre tract; thence S. 60
deg. W. 1729 vrs. to Odom’s' S,. W.
corner in the W. boundary line of
said survey; thence S. 30 deg.'E.
38 1|2 vrs to the N. W. corner, of J.
E. Byers’ 90-acre tract; thence N.
60 deg. E. 819 vrs to the N. £ cor-
ner of said 90-acre tract; thence S.
30 deg. E. 622 vi‘s. to the place of
beginning, containing 320 acres..
Second tract—91 acres: Begin-
ing at the N. W. comer of the Cap-
roll Shelton survey; thence S. 30 E.
at 1000 varas pass the S. W. corner
of said survey and N. W. corner of
the Heni*y Shelton survey at 1185
vrs. the N. line of the H. & T. C.
right of 'Way; thence N. 12 E. with
railroad 1317 vrs. to T. A. Bounds’
corner; thence S. 73 W with T. A.
Bounds’ line 899 vrs. to the bdgii
ning, containing 92 acres*of land.
(i) W. E. Bounds, 106.4 acres:
Situated in Freestone County, TJex-
as, the Northwest 60 acres out of
the 106.4 acre tract of land set
apart to Ed Bounds in the partition
of the estate of T. A. Bounds, de-
ceased, and being a part of the
Snapp pasture out of the William
Richie League in Freestone County,
Texas, said 106.4 acre tract being
bounded on the East by Frank
Bounds’ 98-acre tract, on the North
by the Beldin tract; on the West by
Peurifoy tracts, ” and t he J. V.
Bounds 149-acre tract, and on the
South by the Wortham and Cade
public road. The aforesaid 60 acres
being cut off by a line running par-
allel with the North boundary line
H. B. Rice, Admr. Est. Wm
dec’d, to W. N. Odom.)
(o) J. L. Miller, 207.5 acres:
Situated in Navarro County, Texas,
207 1|2 acres out of the Turner
Smith survey, Abstract No. 735:
Beginning at the N. W. corner of
said Turner Smith survey; thence
E. along the N. line of said survey to
the W. line of E. Bounds’ 51-acre
tract; thence S. along the W. line of
said E. Bounds 51-acre tract and J.
W. Murphy 150-acre W. line
to the N. line of the J. W-
Irvin 160-acre tract; thence
along the N- din® of said Irvin’s 160-
acre tract to the W. boundary line
of the Turner Smith survey; thence
along the W. line of said survey to
the place of beginning.
(p) W. S. Evans, 98 acres: Situat-
ed in Freestone Cotfnty, Texas, and
W. comer; thence N 44 W 270 vrs,
to the place of beginning, and con-
taining 42 acres of land, but from
which is excepted one and one-half
acres deeded for and used as chnrch
property, leaving 40 1|2 acres.
100 acres of lajid, beginning at
the N. E. corner of the N. L. M.
Anderson Abstract No. 24, about 17
miles S. 6 degrees E of Corsicana,
Texas, a • stake for corner, from
which a mesquite bears S. 9 E. 212
vrs.; theiice S. 3 E. 412 vrs. to stake
in the E. B. line of said survey, from
which a mesquite marked X bears
due S. 25.4 vrs.; thence S. 6 W.
1334 vrs. to stake; thence N. 3 W.
466 vrs. to stake on road; thence N.
62 1|2 E. witji said road 1335 vrs.
to place ,of beginning.
acres of land in the James McGulfin
survey, and 127 acres in the S. A.
Sweet survey in Freestone County,
Texas.
(c) That certain mineral lease
contract, executed by J. D. Bounds,
lessor, to D. W. Milam, trustee, dat-
ed July 15, 1919, embracing 65 acres
of land in the Sarah MdNulty sur-
vey in Freestone County, Texas.
(d) That certain mineral lease
contract, executed by A. H. Bounds,
lessor, to D. W. Milam, trustee, dat-
ed July 10th, 1919, embracing 250
acres of land in the G. W. Price sur-
vey in Freestone County, Texas.
(e) That certain mineral lease
contract, executed by W. H. Bounds,
lessor, to D. W. Milam, trustee, dat-
ed the 19th of December, 1918, em-
bracing 168 acres of land, more or
less, in the Sarah McNulty survey
in Freestone County, Texas.
(f) That certain mineral lease
contract executed by W. H Bounds,
lessor, to D W Milam, trustee, dat-
ed 19th day of December, 1918, and
embracing 348 acres, more or less,
known as the Tyner Farm, in Free-
stone County, Texn$.
(g) That certain minerarl lease
contract, executed by E. R. Quin-
by, lessor, to D. W. Milam, trustee,
dated January 2d, 1919, embracing
190 acres, more or less, and being a
Annoi
new Fa]
newest
es, chile
infants,
Dry Go
Goods !
part of the William Richie survey in
Fr ‘ "
103 acres on the banks , of Tehu-
acana Creek, a branch of the Trini
i’ll in r recBiuiic vvuuvjr, *. tA«j, »uu
being a part of the William Richie
league. 'Bejfinnfrtg at the S. E.
of said lp6.4 acre tract and extynd-
being a part
Richie Leagoa, ■
ing far enough South so as to in-
clude the said 60 acres.
, (j) E. D. C -ouch et al., 120.5
acres: All that certain 120,5 acres
of Und described in minerak-and oil
lease executed by E. D. Croii&h et al
unto J.* S. Daugherty, situated in
Freestone, Limestone and Navarro
County, TexaR, and of record upon
the deed records. of -said Counties.
(k) T. E. Longbotham, 266 acres:
Being all that certain 266 acres of
land described in that certain min-
eral, oil and gas lease, executed by T.
E. Longbotham, lessop, unto J. 8.
Daugherty, lessee, situated in Free-
stone County, Texas, fully described
in said lease of record upon the
deed records of Freestone County,
Texas, Vol.—, page —, and includ-
ing the following described Und, to-
wit:
100 acres out of William Richie
League in Freestone County, Texas,
bounded on Hie North by George
P. Bounds, Mrs. R. V. Bounds and
John T. Bounds tracts of dktc May
12, 1921, recorded in Vol. 62, page
187 of deed records of Freestone
County, Texas.
(l) J. W. Irvin. 169 acres: Situ-
ated in Navarro County, Texas, 160
acres out of the Turner Smith sur-
vey, Abstract No. 786.
First tract—110 acres, beginning
corner of the J. M. Richie 320-acre
survey; thence N. 55 W. 1246 vrs.
with the N. N. bdy of the ‘ WilliAm
Richie survey, to a stake in line;
thence S. 35 W. 457 vrs. to a stake
in prairie; thence S. 55 E. 1138 vrs.
to’stake E bdy line of the locative
interest a stake; thence N. 48 _ 1]2
E. 470 vrs. to the place of beginning.
(q) W. S. Evans, 106.59 acres:
Situated in Freestone County, Texas,
and being a part of the JameB M.
Davis headright. Beginning at the S.
W. corner of the said Davis survey,
a stake; thence S. 65 E. 448 vrs. a
stake; thence N. 35 E. 1244 vrs. a
stake; thence N. 55 W. 448 vrs to a
post and mound; thence S. 35 W.
1344 vrs. to the beginning, - contain-
ing 106.59 acres.
(r) W. S. Evans, 71.75 acres:
Situated in Freestone County, Texas,
a part of the Thompson L. Cu'
headright Beginning at the S.
corner of said survey, thence N. 35
E. at 13,444 vrs. pass the corner of
a S 20-acre survey in the name of
James M. Davis at 1642 vrs. a post
and mound; thence N. 55 W. 211 vrs,
a post for corner in the S. W. boun-
dary of said original survey; thence
S. 55 E. 211 vrs. to beginning, con-
taining 71 3IA acres'of land.
(s) W. S. Evans, 186 acres:
Situated in the County of Fre*estone,
Texas, all the land I hold in the Wil-
liam Richie survey, consisting (186
acres of land). The above described
tract of land is to be held .in com-
munity lease of approximately 5000
acres, together with other leases
now held by J S Daugherty from W.
S. Evans, making 457 acres allotted.
(t) T. W. Bounds, 128 acres:
Situated in Navarro and Freestone
Counties, Texas 01 acres out of Hie
T. T.. Curry survey. Abstract No. 161
37 acres out of the Eli Hillhouse
survey, Abstract No. 887.
All that certain traet or parcel of
land lying and being situated on the
line of Freestone and Navarro Coun-
ties, and partly in each County, and
bounded as follows, in two tracts:
First tract—91 acres of the T. T.
Curry survey of 320 acres, Patent
No. 523, Vol. 4: Beginning at the N.
E. corner of the James M. Davis sur-
vey; thence N. 85 E. 298 vrs. to the
N. E. corner of said Curry survey;
thence N. 55 W. 562 vrs. to a stake;
thence S. 36 W. at 482.B vts pass
S. W. corner of 30 acre tract deeded
by John W. Bowman and wife to
Hero {>unn, in aH 1801.8 vrs. to the
N. W. corner of tract sold by T. M.
McCrory to J. N. Morrow; thence 3.
56 E. with Mottow’s N. line 861 vrs.
to his N. E. corner on W. line of
61.76 acres sold to-A. J. Dunn by
James Dunn; thenoe N. 66 E. With
said line 1003.8 vrs. to S. W. corner
of the 11-acre tract deed to Hero
Dunn bv A. J. Dunn and wife; whence
N. 56 W. with S. line of said ll-*cre
tract 211 vrs. to place of beginning.
Second tract—87 acres of the
ty River, being a part of the head'
right of Thompson T,Curry {Begin-
ning at the S. W. corner of a tract
of 102 acres sold to J. W. Bowman,
a post in S. W. line of said Curry-
survey; thence N. 55 W. 562 vrs.
to a post and mound, whence a Chit-
turn tree bears N. 36 E. 74 vrs.;
thence N. 35vE. 1142 xrs. to a post
and mound; the^gg £.,,55 E. 562 vrs.
to Bowman's corner; thq-nce S. 35
W. 1142 vrs. to, the beginning, less
60 acres sbld to Mrs.’-Blanchard et
al., leaving 108 asrfls thbre or less.
50 acres in;'Fr*estone County, be-
ginning at a point on the public
road the N. E. corner of the J. T,
Bounds 166 -3|4 acre (fact; thence
down the E. line of the said Bounds
tract to the S. E. corner «f same on
the N. line of the W. E Evans 98-
acre tract; thence • E. along the N.
line of the said Evans’ 98-acre tract
to the W..line of .the W. S. Evans’
106-acre tract; thence N. along the
W. line Af said Evans5 1416-acre tract
and 74-acre tract to . the, N. W. cor
ner of said Evans’ 74-acre tract,
thenqe E. along the N„*Jine of . said
74-acre tract to the W. line of T.
W. Bounds’ 91-acre tract; thence N.
along the W. line of T. W. Bounds’
91-acre tract; thence W. along said
public road to place of beginning,
containing 50 acres out of
Ham Richie and T. • T. Curry surveys,
(x) Oscar Bounds, 240 acres: Sit-
uated in Navarro County, Texas, and
being a part of the survey consist-
ing of 166 acres out of the W. H.
Smith survey and 63 ajtrea out of the
Eli Hillhouse survey, and recorded in
Records for Deeds in Navarro Coun-
ty, Texas, to which reference is
made for better . description, con-
taining 240 acres, more or less.
(y) J. J. Stubbs, 640 acres: Sit-
uated in Navarra, and Freestone
Counties, Texas, 820 acres of the
Joseph Burrows survey in Freestone
County.' Also' 320 acres of the Jo-
seph Barber survey, for a better de-
scription of which reference is
made to the records for deeds of Na-
varro and Freestone Counties, Tex-
as, and containing 640 acres, more
or less. ’ ,,
(z) ,T. J. Stubbs. (552 aCres: Sit-
uated in Freestone and Navarro
Counties, Texas,aqd being opt of the
W. H. Smith Burvory, deeded by T.
C. Bounds, Bright and Jester, and G.
W. Everett, respectively, »to J, J.
Stubbs, containing 512 acres and re-
corded in deed records of Freestone
and Navarro Counties. Texas, to
which reference is made for a better
description; also 140 acres out of
the Granville Arnett survey, bought
from J. M. Whisenant and recorded
in record for deeds in Fairfield,
Frees tone County, Texas.
(ss) J. J. Stubbs, 56 ucres: Sit-
uated In Freestone County, Texas,
and being a part of the R. B. Long-
bothiyn league in Freestone County,
xas, and beginning at a point lif
the H. A T. C. Railroad Co.’s right
line of
Eli HJllhouae survey, and beginning
St a stake at the E. corner of Hie T.
T. Curry survey: thence N. 35 E.
of way in the N. boundary
said league; thence E/with said N.
Curry survey: thence
boundary line 528 vrs. to the Marga-
ret Crouch 100-acre tract; thence S.
with skid survey 540 vrs. to rook
reestone County, Texas.
The plaintiff prays that the de-
fendants, and each of them whose
,'esidence is shown, and who resides
within the jurisdiction of this Court,
be cited to appear and answer here-
in, and that the defendants whose
residence is unknown, or nyho are
shown to be non-reeidents or tran-
sient persons be cited b y publi-
cation as required by Jpw; that pend-
ing this proceeding, and forthwith,
this Honorable Court will appoint
some suitable person as a receiver
for all the properties herein de-
scribed and in controversy, with foil
power under the direction of this
Court, to administer said property
and protect and conserve the same
in such -rut- will . fully safe-
guard the rights of this complain-
ant; that this Honorable Court will
make allproper and necessary orders
directing and commanding all the de-
fendants, and all other persons
whomsoever, how in possession or
control of said properties, or any
part thereof, to deliver the same
over forthwith t o such* receiver,
and that the Court will make any
and all necessary orders as to the
powers and control of such receiv-
er, and enjoining the defendants and
A. S.
house h
is repot
homes 1
future.
each of them, and all other persona
whbmdoever in any manner interfer
ing with such receiver in his posses-
sion and control of such p^perty.
That the Court will especially make
an immediate order that the defend-
ant trustees, the said Copeland and
Clawson, will forthwith render a
full and fair account of all
matters and transactions affecting
said trust and report the same te
this Court in this cause for the in-
formation and guidance of the Court
jn the administration of said prop-
erties. ,
Upon final trial this plaintiff
prays that he have judgment de-
claring him to be the sola owner of
the full 400 parts, same being all,
of the beneficial interests in the
trust, and in the said. properties
herein described and claimed by
him; that the said trust be terminat-
ed and the defendant trustees, Mark
A. Copeland and Samuel S. Claw-
on, be fpmoved, and said estate and
properties vested wholly in < this
plaintiff, quit and free from any and
all claims whatsoever of the defend-
ants, or any, or either of them, and
that it be decreed that the holding
of sajfl defendants, each and all,
whether under and by virtue alone
of tho particular instruments herein
pleaded by plaintiff, or otherwise,
dc in trust as a resulting trust, in
favor of this plaintiff, ana that said
trust be terminates, and aH right,
title and interest, * bolji legal and
equitable, at any time claidied by
the defendants, or any of them, be
divested out of defendants, and each
of them, and be fuly vested in this
plaintiff; that he be in all respects
quieted in the title to all his said
property and be again clothed with
full tiHe and Ife restored to full pos-
session thereof; that he have all
general and special relief, whether
legal or equitable, to which he is
entitled under the facts, including
costs of suit.
Said petition is dnlv sworn to by
the plaint'ff on the 22d day of May,
A. D. 1922,
Herein /ail not, but ’have you
and there before said Court this
with your return thereon showi
how yon have executed the same.
Witness: J. S. Harllee, Clerk of the
District Court of" Navarro County,
Texas.
Given under my hand and seal of
Navarro County,
ly. A. D. 1022
(SEAL) J. S, HARLL
this 28th
Clerk District Court, Navarro
ty, Texas.
/•
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Reference the current page of this Newspaper.
Kirgan, Lee. The Fairfield Recorder (Fairfield, Tex.), Vol. 46, No. 48, Ed. 1 Friday, August 25, 1922, newspaper, August 25, 1922; Fairfield, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1110182/m1/4/: accessed July 9, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Fairfield Library.