Henderson Daily News (Henderson, Tex.),, Vol. 1, No. 236, Ed. 1 Wednesday, December 16, 1931 Page: 4 of 20
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HENDERSON DAILY News, HENDEnSUN, Twlh*
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Friends may seem so far away—in miles
or perhaps in years. How they would
welcome a greeting card from you this
Christmas! It’s the next best thing to a
personal visit. And how you’ll enjoy
sending them cards if you have the
leisure to visit mentally with each one
as you address the envelope. So shop
early and mail early—and see how much
nearer those distant friends seem!
are only on the other side
of the mail box!
—4 Jack’on. E.
L.ClMfc, P E. Ni
of said tracts, parcels and pieara
of land.
4. However, if Plaintiffs should
je mistaken in the faet, as Com-
munitv Administratrix, she ac-
auired title to the property ab »ve
referred to, then Plaintiffs pen
n th alternative that the nrjper-
ty above referred to was Mixed
and possessed in fee simple by R.
J. Vi"*on and Musia Vinson, and
that the said Musin Vinson row
comes before the Court as next
friend of R. J. Vinson, as well
ns
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Hatgoyne
CHRISTMAS CARDS
County, Texas.
A. L. Thompson to F. W. Durr,
dated January 26, 1931, and re-
corded in Volume 168, pare 425,
of the Deed Records of Rusk
That thereafter, to-wit. on the
1st day of January, 1931, De-
fendants hereinabove named and
each of them unlawfully en*,««??J
unon anti dispossessed the*'' Pla n-
tiffs, and each of them thereof,
a id said Defendants and eacn of
them now unlawfully withhold
from them the possession thereof
to Plalnfiff’s (Inmar-e in the «u-n of
one hundred thousand ($100.00.-
00) dollars.
6. The renronable rental value of
said property la five thouxir.d
($5,000.00) dollars per annum.
7. Plaintiffs wou’d further show
that at the time they executed the
purported instruments and ion®
prior thereto, that R. J. Vinejn
was of such unsound mind ns to
be utterly incapable of under-
standing the nature and effect of
his said acts in executing said pur-
ported instruments, and -sh.ee
1925, he has been mentally in-
competent to know the nature or
the legal effect of any *»f his
acts, with respect to his said «*-
tste. That in the year 1925 tne
_______ " ‘ | Rt’Oke
o’ naralvsis, his memory was and
s defective, he was inattentive to
sny words said to him, he would
forget the names and faces of his
associates his genera) health was
bad, and he wag In an extremely
nervous condition. He was ex-
tremely susceptlb’e to suggestions
1 rom his associates, and would exe-
cute any papers or instruments
that anyone, even a stranger,
would ask him to sign. That de-
fendants. knowing the eon-hthm
of the Plaintiff at said times, men-
tally and otherwise, conspired to
obtain valuable mineral rig its
from him f«T a nominal and Inadn-
sgate consideration, and »he
Defendants r.bove named ant th'i"
agents, who were experienced mun
n o'l and ras leases and trades
n< rtainir.g thereto, knowing alt
there facta to bo true, secured
the execut on and delivery of raid
•Mr*e-»ed instfvm*—♦. by the S-ld
R. J. Vinson, sad did ftnadulor*!./
indnoe him to sign and aaasute
said onrrorted instruments. wYeh
Purported to convey a portion of
tM mire-d. anj
the .hove **'-7**d tract of land
Shat •t mM eMvejuMss
W W. 1*12 4
of said tract, Im-
a J. Allen a> 4
1 ' ’
Plaintiffs pray that they have
judgment for title and possession
of the above described premises
and that all claims of defendants
upon their title to said land be
j emoved and that they be quieted
ir. their title and possession, and
they pray for general and special
relief.
Herein Fail Not, and have you
before said Court, at its aforesaid
next regular term, this writ arirh
your return thereon, showing
how you have executed the same.
Given under my hand and t ie
Seal of said Court, at office in
Henderson, this the 1st day of
December, A.D., 1931. W. G. Culp,
Clerk; District Court, Rusk Coun-
ty. By Gladys F. Hale, Deputy.
D-Dec. 2-9-16-23.
•. a
[eill, E. L. Mayne,
■ — .......- Her-
man, Mrs. Miry P.
husband. —.....-
Price, Sue Larsen,
——wmy— i —-
W. Barber, Sanders Pilgreen with
L. W. Blackwell and J. F. Holt
as trustees for said Sanders Pd-
green, are plaintiffs, and Gid
Naulls, Vade Naulls, George
Naulls, and if dead, the unknown
heirs of George Naulls, and their
legal representatives, Bud Nau's,
and if dead, the unknown heus
of Bud Nauls and their legal rep-
resentatives, Robert Naulls, Cora
Bradley, Willie Bradley, the
unknown heirs of Alice Naulls,
deceased, and their legal repre-
sentatives, Jack Naulls, the un-
known heirs of John Naulls, de-
ceased, and 4heir legal represen-
tatives, Henry Naulls, Burtur
Naulls, Milton McGilvray, Silvie
McGilvray, Easter McGilvray,
Felix McGilvray, Eva Mae Boy-1,
Lack Naulls, Daily Naulls, Rose
Wiley, Hobart Wiley, Milton Hai-
vey Naulls, Zero Naulls, Joe
Naulls, Kissme Naulls, Charity
Naulls, the unknown heirs of
Silvle, John and Georgeannc
Naulls, deceased, and their legal
representatives, Verna D. Adam-
son, John B. Gregory and Beaure-
gard Mansfield, defendants, said
petition alleging that on or aoout
the 1st day of September, 1931,
the defendants in the above enti-
tled and numbered suit and plain-
tiffs in this cross action were
lawfully seized and possessed of
the following described prouer-
ty:
A part of the Wm. H. Beam
survey about 10 miles NW from
the town of JJenderson and de-
scribed as: Beginning at the nortn-
east corner of said survey, thence
That by reason of the terms and
pn»i.gas lease from these'Plaint!’fs
the above described
fendant, C. M. Join
i *_
to pay or tender to the
or to the credit of Pk______
•■ho First State Bank of Overton,
Texas, or its successors, on »r be-
fore the 22nd dav of April. 1923.
the sum of 224.61. as rental and
for the privilege of deferring the
romm«r.eement of a well upon said
land for six months from that
■ ***te. That the Defendant, C. M
s.
■fams uMki,-‘z*< „,v.. A ... j, i- kC ™
$24.61 as rentals, as above men-
tioned, In the First State Bank of
Overton, Texas, or its successors,
on or before the 22nd day of Ap-
ril, 1922. and never at any time
deposited such rentals in Ofcid
Bank, or its successors, as it was
bound and obligated to do under
the terms of said lease, nor paid
said rentals directly to these
Plaintiffs. On account of the fail-
ure to so deposit said rentals in
the sum of $24.61 in said Bank or
its successors, or directly to thc-i-e
Plaintiffs, as they were required
and bound to do if they desired to
keep said lease, and assignment
in full force and effect, and on
October 22, 1928, another pay-
ment of rentals became due and >s
unpaid; that said lease and as-
signment thereof became null and
void, and of no further force and
effect. That the Defendant, H. J-
Hunt, individually, or as Trustee,
knowing that said rentals had nev-
er been paid, and knowing that
said lease was then null and void,
conspired to obtain this lease :rom
the Plaintiffs without paying any
consideration therefor, and had
his agents to visit said R. J.
Vinson, well knowing the montnl
and physical condition of the said
R. J. Vinson, and that he was in-
competent to transact any busi-
ness, nnd the Raid Agents, being
experienced and shrewd oil men,
visited the said R. J. Vinson, and
had him sign and execute a certain
instrument, which purported to
re-instate this lease. That the said
R. J. Vinson was incapable of un-
derstanding thecontents of said in-
strument and Defendant, H. J*
Hunt’s agents, knowing this ai.d
knowing the condition of the said
R. J. Vinson, did not attempt to
explain same to him, but explain-
ed that it was for the purpose of
having a well drilled upln his land.
That further, the Agents of the
said H. L. Hunt, included in said
purported instrument 2 1-2 acres
of land, which had not been here-
tofore included in the puroorted
oil and gas lease to C. M. Joiner,
Trustee, which has expired bv iis
own terms and conditions. That
the Agents of H. L. Hunt did not
atempt to explain this to the said
R. J. Vinson, but knew his mental
and physical condition, and fraud-
ently inserted said field notes in
said instrument. That no con-
sideration passed for the execu-
tion of this instrument, and to
further mislead these Plaintiffs,
Defendant, Hunt’s Agents, stated
that they wished to make a gilt
to Mrs. Musia Vinson, wife of R.
J. Vinson, for the courtesies ex-
tended them, and handed her the
insignificant sum of TEN ($10)
DOLLARS. That to further mis-
lead these Plaintiffs, the purport-
ed instrument which they nt-
temnted to secure, was made to
C. M. Joiner, Trustee, when r-he
said Arents of H. L. Hunt well
knew that C. M. Joiner, as Trus-
tee, or as an individual, hai . no
further interest In this pronerty,
but had transferred all of his
holdings to the said H. L. Runt.
That the acts of the agents of the
Defendant Hunt, were a mal’elous
and deceptive attempt to defraud
these Plaintiffs of propertv of the
value of not less than SEVENTV-
FIVE THOUSAND $.75,000.00)
DOLL Altar.
That the Notary who toog the
acknowledgment of R. J. Vlason
to this instrument, was wail ac-
quainted with his mental and
physical condition, and made no
attempt to explain said instrument
to the said R. J. Vinson, but de-
liberately and fraudulently acquir-
ed his signature to said instru-
ment, well knowing his mental ca-
capacity to make, execute and de-
liver a legal contract.
9. That the various instruments
referred to in this petition were
executed jointly by R. J. Vinson
and his wife, Musia Vinson, but
that at the time of executing all
of said instruments the said Mrs.
Musia Vinson did not know their
content?, but being well acquaints!
with the mental and phvsical con-
dition of her husband, R. J. Vin-
son, signed said instruments, on
his insistence because she knew
that a refusal to do so would ex-
cite the said R. J. Vinson and ma-
terially impair his health. That
knowing his mental condition, she
acquiesced to all- of his acts so
that she would not disturb him,
and aggravate his mental and phy-
sical condition. That she had no
opportunltj to seek the advice or
counsel of one familiar with snld
transaction, but only executed the
same because of the insistence of
her husband, and as stated above,
was afraid to refuse to join in
with him in eny instruments, be-
cause sh> knew that her refusal
would bring about serious results
and materially impair his healtn
and menta’ condition.
10. That the nroperty above re-
ferred to was the community pro-
perty of R. J. Vinson and wifo,
Musia Vir.son, and they had co n-
tinually lived on same, living to-
gether as husband and wife, since
the 21st day of March, 1897, and
same was their only homesttfad
that they had acquired and bad
ever owned since their marriego
on the 21st day of March, 1897.
Premises Considered, Plaintiffs
pray that citation issue, requiring
the Defendants, and each of them,
t) appear and answer herein* and
that on final hearing, Plaintiffs
have judgment for the title to,
and possession of the traces of
land .herein described, a cd for •
Writ of Restritutlon, and for
damages in the sum of one hun-
dred thousand .|100,009 M)
dollars, and for the cancellation
of all instruments, as above set
out, as elouds upon their title, and
for coats. Plaintiffs offering in
th! seonneetion, to do such things
aa to the Court shall seem prop-
er and equitable, and to make sueh
payments, if any, that In the
opinion of the Court may bp nec-
essary to do equity. Plaintiffs fur-
ther pray for such other and ad-
d tional relief, general and sn*e-
ial, legal and eoultable, to wMeh I
‘J»«y be eatttled to, for which ,
they wilt ever nruy.
The Rtst» of ’’'exaa, x ,-. . j
County of Rusk. .t,a..... .. I
W 2TATR OF TEXAS
To the Sheriff or any Constant
of Rusk County, Greeting:
Tou are hereby commanded to
summon C. M. Joiner, trustee, R.
L. Carlson, John 8. Cruse, Jr., T.
J. Tucker, J. A. Varney, E. B.
McDavid, W. D. Muse. Joe Sch-
neider, E. L. Townsend, W. C.
Windsor, George Bradley, G. D.
Rhoads, W. R. Deskin, H. IL
Stroube, Will Thompson, B>-n
McGee, W. S. York, Dudley W.
George, B. H. Tunnell, D. S.
Dcrden, Mrs. Jennie Coates, and
cStM,8F“w. Durr, R. V. White,
Zula Liner, Willie May L-.mb,
A. L. Weeks, Dr. W. W. Carter,
S. H. Hornbeak, Roy L. Haw-
throne, Fred Jackson, E. S. Braw-
ner, A. D. Clark, P. E. Neill, E.
L. Mayne, Mrs. Louise E. H j.-vjv,
and her husband.--
Hervey. C. W. Ryan. Mrs. Mvv
P. Neill and her husband,--
y.-—-■ ■ Neill, Burnett Trice.
Sue Lanon, Walter P. Jonei, W.
Guy LaRue and H.
____ ____ ddually, and as ’.run
and M. X. Hobbs, by miking
Ueation of this Citation once
each wook for four au<ce4-
weeka previous to the return
hereof. In some newrpaper
liar te-ri of
Rusk C'rtin
at the
South with EBL or said suiver
494 vrs. to the northwest cor-
ner of a 50 acre tract of same
survey (formerly) owned by R. F.
Coleman, a stake from which a
P.O. 10 inches in diameter bears
South 85 degrees east 2 1-2 varas;
thence west 347 varas passing the
northwest corner of said 50-acre
tract and at 1130 varas a cor-
ner on the east side of Henderson
and Overton road; thence North
494 varas to comer on the North
base line of said W. H. Bears
survey. Thence east 1130 varas
to the place of beginning, contain-
ing 99 acres (more or less) and
being the same lands conveyed
by Caroline Vinzent to J. VZ.
Naulls on Sept 15, 1885, by deed
recorded in Book 54, page 118 cf
the deed records of Rusk County,
Texas.
That on the date and year last
aforesaid, the defendants aoovc
named ir. this cross action unlaw-
fully entered upon said premises
and ejected plaintiffs therefrom
and unlawfully withholds from
their possession the above de-
scribed premises to their damugs
in the sum of $2500.00. Plaintiffs
in thia cross action plead the three,
five and ten years statute of lim-
itation against any claims cr de-
mands of the defendants in and
to said land.
Plaintiffs in this cross action
further say that they do not know
the exact nature and character of
alaims that the defendants, nnd
tach of them, are making to the
above described premises, but
they are asserting some right, ti-
tle or interest in and to same,
which clouds the title of plain-
tiffs in this cross action to said
premises.
day of December, A.D., ^24’*’ Bear’s Survey for the N.W.
— of tract.
Thence S. 0-37 E. 1261 feet
with fence to place of beginning,
and containing 59.47 acres of
land.
Tract No. 3: Being 21.7 acres
out of the T. .1. Moore Survey,
Rusk County, Texas, and more
particularly described as follow.':
Beginning S. 89-38 W. 70!
feet from the N.E. comer of said
Moore Survey, stake ir. fence for
the N.W. comer Neale Cropor
tract, and N.E. corner this tract,
witnessed by a Hickory X N. 82
W. 5.5 vrs. a 12” Pine S. 87 V/.
5.5. vrs.
Thence S. 89-11 W. 1072 foot,
with fence and N.B.L. of said
Moore Survey, to a nile of rock in
old fence row for N.E. corner J.
R. Glover 16-23 acre tract, ar.d N.
W. corner this tract.
Thence S. 21-10 W, 424 feet
with old fence row to stake in
fsnee for N.W. corner E. B. Al-
ford tract in E.B.L. of Glov<r
tract, and S W. comer this tract.
ThenCe S. 88-41 E. 495 ft. with
old fence.
Thence S. 89-34 E. 581 ft. with
o’d fence to stake in fence for
N.E. cor. Alford tract In W.U L.
of Cooper tract, end S E. corner
thlg trart witnessed by 8” 3.G. X
West side.
Thence N. 21-56 E. 938 6 ft.
with old fence to place of begin-
ning, and containing 21.7 acres of
land.
Phh tiff, the said Communi’y
Administratrix, under and jy vir-
tue of the order of Court of tier
anpointment. became vertnd with
ell the right, control, title and
G. D. Rhoads and W. R. Deikin
to R. V. White, dated Febriary
11, 1931, and recorded in Vol me
163, page 357, of the Deed Leo-
ords of Rusk Count, Texas.
G. D. Rhoads and W. R. Dj<k*n
to Ml«3 Zula Liner, dated Febru-
ary 11 1931, and recorded in
Volume 169, page 218, of the
Deed Records of Rusk County,
Texas.
W. R. Deskin to A. L. Weeks,
dated February 15, 1931, recorded
in Volume 162, page 559 of the
Deed Records or Rusk County,
Texas.
W. R. Deskin to Will Thomp-
son, dated February 27, 1931, re-
corded in Volume 172, page 02,
of* the Deed Records of Rusk
County, Texas.
W. R. Deskin to Dr. W. W. Car-
ter, dated March 14, 1931, re-
corded >n Volume 188, page 372,
of the Deed Records of Lusk
published in your County, to *p-
M*r at the next regur
the District Court of J
ty, to be bolden at the Court
House thereof, in Henderson, on
the First Monday in January,
A.D., 1982, the same being the
4th day of January, A.D., 1932,
then and there to answer a peti-
tion filed in said Court^ on the
ir. a suit, numbered on the docket
of said Court No. 8960, wherein,
Mrs. Muria Vinson, Individunllv,
and as Community Administratrix
of the estate of R. J. Vinson, and
Mrs. Minis Vinson as next friend
of R. J. Vinaon, is plaintiff, and
C. M. Joiner, trustee, R. L. vari-
p. John S. Cruse, Jr., T. J.
citer, j. A. Varney, E. B. Mc-
rvid, W. D. Muse, Joe Sch-
Ider, E. L. Townsend, W. C.
r.dsor, George Bradley, G. J*,
oads, W. R. Doskin, H. R.
toube, Will Thompson, Ben Me-
te, W. S. York, Dudley W.
urge, R H. Tunnell, B. S. Dev-
1, Mrs. Jennie Coates, an 1 her
lhand. >■ »> ---------- Coates,
" V. White, Z'.da
- Lamb, A. I-
, Carter, H.
L. Hawthrone,
8. Brawner, A.
U, r Ki. ». M.
jfn. Lnuine E. Hervey, an! hw
m*ban4 j—-
m. C, w. B:
Ne'’l and her _______
NeJU, Burnett Price, Sue Larsen,
wa’tnr P. Jones, W. D. McDavt".
Gw LsRue, and H. L. Hunt. In-
dhi nr”y, and as trustee and 51.
X. nobM. are defendants, end
shM petition alleging t^nt; 1'labi-
5?% rre • 1 residents of the Ptnte
M end County of Rask,
tint tho defendant, C. M. Jo’ner,
h a res'dent of Diilat
itjr, Texas. That the def nl-
E. B McDrvid, is a resMent
Rusk County, Texas; that W.
MeDavId is a resident of Pot-
f' County, Texas. That R. L.
mt U a resident of Smith Caa’i-
p® iP!?5e in-tn q interest in and to the above rc-
J TuckerJ T A* ferr®d to nroPcrty. for bepelf and
n Joi Sch- husband. Or or about the 1st day
7 T T w e of Jpnuarj, 1931, Plaintiffs we>e
Ftedlor^G w Bradley, <1. D. Be-,r®a. .in f®«.
Ihoads, W. R. Deskin, H. R.
uwiblc, Will Thompson, Ban Mc-
Kte, W. S. York, Dudley W.
Iteorge. R. H. Tunnell. B. S. Her-
Ion, lira. Jennie Coatee an I hur
Mshand. ■ - ......... Cmr.w,
l, W. burr, R. V. White, Zvia
Um, WiHie May Lamb, A. .L.
fteteke, Dr. W. W. Carter, A H
iRiibeak, Roy L. llawth oTJ,
ted Jackson, E. S. Brawner, A.
1/Clark. P. E. Neill, E. L. M
m. Louise E. Hervey, and hor
Mary P.
her husband, ------------- ^"1.
Burnett Price, Sue Larson, Walt-r
P. Jones, M. X. Hobbs, and Goy
uiBue. are either non-residents,
©r their residence is unknown to
.^tl’iat Mrs. Musia Vlnsm Is
i« duly qualified and nct!ng
ejnnaunity Administratrix nt tne
immunity estate of herself and
„ J. Vinson, her husband, who
v «a order pf the County Jourt
LRusk County, Texas, has bc*n
nudged a person of unsound
Ad. If it be held that there is
a authority of the appoin’me’.t
I Mrs. Musia Vinson as wen
Immunity Admir.'itratrlx, or >n
judging of R. J. Vinjoi. a
BMon of unsound mind, so :hut
mil appointment is null nrd
bm. In the alternative the plain-
Hk MM. Musia Vinson, <onus
Htete this Court in her indivMu 1
IMcity rod as next friend oi R.
/ Vtasen, a person who is in-
MtMtent to represent h'mre f
HWa this Court as a partv :>ti-
Hfc IMing a non compos mer.tjs.
fherever the term, “Plaintiff 's !?- ilUZZ!I -
JKMMin. the word inclubs all
gnd each of the above nam'd and
s&Ub
Kj^viL That heretofore on or anuut
E #e 1st day of January 193«, R-
“™'-'Vmson and wife, Mrs. Munn
■ML Plaintiffs, were seised ar.n
MM*d ir fete simple of certain
ML parcels end pieces of and
kr and being situated in Risk
EtR Texas, more particularly
Mm a> fol'owe, to-wit:
Mte Me. 1: Being 7.68 acres
Eif; the Thea. H. Smith Pm*
Mn^Mkaty, Texas, desevib-
at the S.E. corner
M tract, stake wn
I». A 0. R. R. High
Au 8.E. corner
constitutes a cloud upon Plsie-
tift's title, and said Plaintiffs,
and each of them, are entitled to a
judgment of this Court cancsIEng
s .id purported assignments und
transfers and removing it os a County, Texas,
cloud upon the title of Plaintiffs.
That Plaintiffs are informed and
believe the purported assignments
executed are as follows:
Purported oil and gas lease
from R. J. Vinson, et ux, to C.
M. Joiner. Trustee, dated April 22,
1927, and recorded in --Vol. 128,
page 331, of the Deed Records of
Rusk County, Texas.
Contract of sale, between C.
M. Joiner, individually and as
Trustee, to H. L. Hunt, Trustee,
dated November 26, 1930, aud
filed for record November 28,
1980, and bearing file No. 9415, in
the office of the County Cleric of
Rusk County, Texas, which has
been filed for record, but not yet
recorded.
Contract of sale between <!. M.
Joiner, individually and as Trus-
tee, and H. L. Hunt, Trustee, dat-
ed November 26, 1930, and filed
for record December 1, 1980, and
bearing file No. 9456, in the office
of the County Clerk of Rwk
County, Texas, which has been
filed, for record, but not yet re-
corded.
Instrument from R. J. Vinson,
et ux, to C. M. Joiner, Trustee,
dated June 4, 1931, recorded in
Volume 185, page 457, of the
Deed Records of Rusk
'Texas.
R. J. Vinson, et ux, to C. M.
Joiner, Tiustee, 1-2 of the miner-
als under 20 acres of land, dated
September 2, 1930, and recorded
in Vo'ume 150, page 43, of the
Deed Records of Rusk County,
Texas.
C. M. Joiner to R. L. Carbion,
dated September 11, 1930, and re-
corded in Volume 149, page 467,
Deed Records of Rusk Count
Texas.
C. M. Joiner, Trustee, to John
S. Cruse, Jr., dated September 11,
1930, recorded in Volume 15’,
page 27, of the Deed Records of
Rusk County, Texas.
R. J. Vinson, et ux, to T. J.
Tucker, dated September 8, 1080,
recorded in Volume 149, page
450, Deed Records of Rusk Coun-
ty, Texas.
R. J. Vinson, et ux, to J. '•
Varney and E. B. McDavid dated
September 8, 1930, recorded in
Volume 147, page 596, of the Doed
Records of Rusk County, Texas.
E. B. McDavid and Delia Mc-
David to W. D. McDavid, dated
---- day of April, 1931, an! re-
corded fr. Volume 188, page 23,
of the Deed Records of R.tsk
County, Texas.
C. M. Joiner, Trustee, to John
S. Cruse, Jr., dated May 13, 1931,
recorded in Volume 174, page 283,
of the Deed Records of Rusk
County, Texas.
C. M. Joiner, Trustee, to R. b-
Carlson, dated May 15, 1931, and
recorded in Volume 174, paye
284, of the Deed Records of Ru*k
County, 'Texas. .
J A. Varney to Jot Schnai.ter.
dated October 13, 1931, record’d
in Volume 207, page 194, of the
Deed Records of Rusk County,
Texas.
R. J. Vinson, et ux, to U
Townsend, dated January *10,
1931, and bearing File No. 13310,
in the office of the County Clerk
of Rurk County, Texas, which Las
been filed for record, but not yut
recorded. . _ ,.
E. L. Townsend to M. X. Hobbs,
dated January 27, 1931, beirmg
Fiel No. 13811 In the office of the
County Clerk of Rusk County,
Texas, which has been filed tor
record, but not yet recorded.»
R. J. Vinson, et ux, to W. ’ •
Windsor, dated January 21, 1V‘<1,
and bearing File No. 12599, in the
office of the County Clerk of R-’k
County, Texas, which has been
filed for record, but not yet re-
corded. „
R. J. Vinson, et ux, to George
Bradley, dated January 22, 1931»
and bearing File No. 12775, ””
the office of the County Clerk cf
Rusk County, Texas, which has
been filed for record, but not yet
recorded. ~ ,
G. D. Rhoads and W. R. Deskin.
to H. R. Stroube, dated February
4, 1931, and recorded in Volume
169, page 195. of the Deed Rec-
ords oi Rusk Court, Texas.
R J. Vinson, et ux, to W>!I
Thompson, dated April 1, 1931.
and recorded in Volume 173, oa/e
260, of the Deed Records of R.isk
County, Texas.
R. J. Vinson, et ux, to G. D.
Rhoads and W. R. Doskin dated
January 12, 1931, bearing File
No. 11940, ir. the office of ‘he
County Clerk of Rusk County,
Texas, which has been filed, but
not yet recorded.
R. J. Vinson, et ux, to G. D.
Rhoads and W. R. Deskin anted
January 12, 1931, bearing File No.
11939, iiitbe office of the County
Clerk of Rusk Count, Texas, H ad
for record, but not yet recorded.
G. D. Rhoads and W. R. Deikin
to Ben McGee, dated January 17,
1931, and bearing File No. 12/68,
in the office of the County Clerk
of Rusk County, Texas, which has
been filed for record, but not yet
recorded. . .
Ben McGee, to W. J. York, dat-
ed April 18, 1981, recorded in
Volume 178, page 870, of the
Deed Records of Rusk County,
Toxas. .
G. D. Rhonda and W. R. Datkbi
to Dudley W. George, dated Jan-
nary 19. 1931, and bearing IT*
No. 13601, in the office of die
County Clerk of Rusk County,
Texas, filed for record, but nut
yet recorded.
D. W. George to R. A. Tunnell,
dated March 7, 1981, and re’>nt-
ed In Volnmo 169, page 82), of
the Doted Roeords af Rusk County,
Texas.
W 7,. Thomason to B. J. Jor-
dan. dated January 29. 1981, nnd
Marine- Filo No. 14884, in »he of-
fice of the County Clerk ef
Rusk Cqrnty, Texas, filed ftr
rrmra. oui no* yow r^coraei.
B. J. Derder to Mrs. Je-rile
Coates, dated Aoril 28. H»3t, ft’ <1
■MMK jQhml jm
Before me, the undersigned au-
thority, on this day personally ap-
peared Mrs. Musia Vinson, ons of
the Plaintiffs in the foregoing pe-
tition, and to me well known to
be a credible person of lawful
age, and qualified in all respects
to make this affidavit, who being
first duly sworn, on oath says that
she has read the foregoing peti
tion, and knows the contents cf
such petition, and that the tacts
and statements- therein contained,
are true and correct.
MRS. MUSIA VINSON.
Sworn to and subscribed before
me, this the 1st day of December,
1931, to certify which. wi;ness
my hand and seal of office.
(Seal)
W. G, Culp, District Clerk in
and for Rusk County, Texas.
By Gladys F. Hale, Deputy. /
Herein fail not, but have oefore
said Court, at its aforesaid reg-
ular term, this writ, with your re-
turn therteon, showing how y->d
have executed the same.
Given under my hand and seal
of said Court, at office in Hend-
erson this the 1st day of Decem-
ber, A.D., 1931.
W. G. Culp, Clerk District
Court, Rusk County, Texas.
By Gladys F..Hale, Deputy.
—" . —
THE STATE OF TEXAS
To the Sheriff or any Constable
of Rusk County, Greeting:
You are hereby commanded to
summon Gid Naulls, Vade Naulls,
George Naulls, and if dead, the un-
known heirs of George Naulls r.nd
their legal representatives, Bud
Naulls, and if dead, the unknown
heirs of Bud Naulls and their l^g-
al representatives, Robert Naulls,
unknown heirs of Alice Naulls,
deceased, and their legal repfaseu-
tatives, Cora Bradley and hus-
band, Willie Bradley, Jack Naulls,
the unknown heirs of John Niulls,
deceased, and their legal represen-
tatives, Henry Naulls, Burtur
Naulls, Milton McGilvray, Sil-
vie McGilvray, Easter McGilv-
ray, Felix McGilvray, Eva Mae
Boyd, Lack Naulls, Daily Naulb.
Rosie Wiley, Hobart Wiley, Miltan
Harvey Naulls, Zero Naulls, Joe
Naulls, Kissme Naulls, Charity
Naulls, the unknown heirs of
John, Silvie and Georgcanno
Naulls, deceased, and their legal
representatives, Verna D. Adam-
son, John B. Gregory and Beaure-
gard Mansfield, by making publi-
cation of this Citation once >n each
week for four successive weeks
previous to the return day here-
of, in some newspaper published
in your County, if there be a
newspaper published therein, but
if not, then in the nearest Coun-
ty where a newspaper is put>-
lished, to appear at tne next reg-
ular term of the District Court of
Rusk County, to be holden at the
court House therof, in City of
Henderson, on the first Monday
in January, A.D., 1932, the same
being the 4th day of January A D.,
1932, then and there to answer a
petition filed in said Court on the
1st day of December, A.D., 1931,
in a suit numbered on the docket
of said Court as no 5899, whorein
E. S. Holt, Ida Holt, a feme sold,
Mary Emma Hale, H. P. Hale,
Evelyn Reagan, E. W. Rea-
gan, Bernice Blackwell, L.
W. Blackwell, Laura Barber, W.
Th.nce S. M «1- E. 7>M tat.
with W.B.L. of said right of war
tj place cf beginning, conti’n-
ing 7.68 acres of land.
Tract No. 2: Being 26.62 acrtis
out of the T. H. Smith Survey, nrd
32.85 acres out of the J. Dsrioy
Survey, Rusk County, Texes, and
- more particularly described as fol-
lows:
Beginning at the S.E.C. of Wm.
Bear’s H. R. and the S.W. cur.
of T. H. Smith H.R. on the N 3.1
of J. Darley Survey, for the S W.
corner of 26.62 acre tract, und
N.W. corner of 32.85 acre trnet.
Thence S. 0-37 E. 96 fast to
corner tn road.
Thence with the meandirs of
said road as follows: S. 47-07 E.
807 feet, S. 72-53 R. 385 fest. F.
37-14 E. 231 feet to corner in
Johnson’s Creek.
Thence continuing with road N.
74-10 E. 537 feet, N. 84 56 E.
421 feet to stake for S.W. cor-
ner gir. lot, and the S-E. corner
this tract stake in old road.
Then N. 15-28 E. 212.3 feet
with road to iron stake for N.W.
corner gin lot.
Thence N. 10-10 E. 586.5 feet
with road to stake for the N.b
corner this tract witnessed by 8 ’
Pine X S. 45 W. 11 feet.
Thence N. 74-30 with fence at
100 feet the N.B.L. of J. Dariey
Survey, and S.B.L. of T. H.
Smith Survey, at 1505 feet eornar
in Johnson’s Creek for Inner cor-
ner this tract.
Thence N. 7 W. 904 feet to
Northerly N.E. cor. this tract on
West Bank Johnson’s Creek.
Thence S. 88-50 W. 640 feet
with fence to stake on E.B L. vf
. cor.
of the Deed Records
County, Texas.
W. R. Deskin to S. H. Horn-
beak, dated March 16, 1981, ra-
corded in Volume 182, page 335,
of the Deed Records of Rusk
County, Texas.
R. J. Vinson, et ux, to O. A.
Owen, dated February 11, 19JI,
recorded in Volume 170, ' page
177, of the Deed Records of Rusk
County, Texas.
O. A. Owen to Roy L. Haw-
thorne, dated Feburary 13, 193),
recorded in. Volume 168, page
243, of the Deed Records of RusX
County, Texas.
O. A. Owen to Fred Jackson
dated February 25, 1931, recurd-
ed in Volume 179, page 304 jf the
Deed Records of Rusk County,
Texas. •
O. A. Owen to E. S. Brawr-ir,
dated April 27, 1931, recorded in
Volume 187, page 541, of the
Deed Records of Rusk County,
Texas.
E. S. Brawner to A. D. Clark,
dated Maj 9th, 1981, recorded in
Volume 193. page 301, of the
Deed Records of Rusk County,
Texas.
E. S. Brawner to P. E. Neill,
File No. 30696, in the office of
the County Clerk of Rusk Coun-
ty, Texa’, filed for record, bat
not yet recorded.
R. J. Vinson et ux, to E. L •
Mayne, dated March 13, 1931, re-
corded in Volume 171, page 181.
of the Deed Records of Ruok
County, Texas.
E. L. Mayne to Mrs. Louise E.
Hervey, dated March 21, 1931,
recorded ir. Volume 195, nape
222, of the Deed Records of Rusk
County, Texas. .
E. L. Mayne to C. W. Ryan,
dated April 25, 1931,( recor lud
in Volume 190, page 188, of the
Deed Records of Rusk County,
Texas.
R. J. Vinson, et ux. to Mrs.
Mary T. Neill, dated March 13,
1931, recorded in Volume 170,
page 525; of| the Deed Records of
Rusk County, Texas.
Mrs. Jennie Coates to Burnett
Price, dated May 11, 1931, record-
ed ir. Volume 197, page 315 of
the Deed Records of Rusk County,
Texas.
W. L. Thompson to Burnett
Price, dated ----day of August,
recorded m Vol. 201, page 623, of
ths Deed Records of Rusk County,
Texas.
Burnett Price to Sue Larson,
dated August 29, 1981, record-id in
Volume 203. page 219, of tne
Deed Records of Rusk County,
Toxas.
W. L. Thompson to Walter P.
Jones, dated August 20, 1931,
recorded in Volume 201, page
467 of the Deed Records of Ru?k
County, Texas.
That the above instruments are
411 recorded in the Deed Records
of Rusk County, Texas, and ref-
erence is hereby made to Book
and Page Number of some for the
purpose of incorporating same into
this petition, m though the entire
instrument, had been copied here-
in.
That the original instruments
above referred to are now in the
hands of the Defendants nanud
heroin, and they are hereby noti-
fied to produce said purported
mineral deeds and purported oil
and gas leasee lipbn the trial of
this cause, or secondary evidence
will be offered in evidence.
R. The purported oil and gas
lense executed by Plaintiffs to C
M. Joiner, Trustee, dated April
22, 1927, was for a primarv period
of five years from the 22nd any
of April, 1927, and provided rs
follows:
"If no well be commenced on
said land on or before the 22rd
day of April, 1928, this lease sha'l
terminate as to both parties, un-
less Lessee on or before that date
shall pay for or tender to the
Lessor or to the Lessor’s credit
In the First State Bank of Over-
ton. Texas, or Its successors, whi^h
shall continue as the depository re-
gardless of the charge in the own-
ership of the said land, the snm
of twenty-four and 61-100 ($24.-
61) dollars, which shall operate as
a rental and cover the privilege
of deferring the commencement cf
a well fot six months from said
date. Tn like manner and upon ’’ke
payment or tender, the commence-
ment of a well may be further
deferred for a like periods of tne
same number of months consec-
utively.”
That by reason of the terms and
conditions of said purported ml
and gas lease from these Plaintiffs
to C. M. Joiner, Trustee, covering
**■.2 J described land, the de-
fendant, C. M. Joiner, or hb ar-
signs, were board and obligated
*------ -Plaintiffs
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Reference the current page of this Newspaper.
Bowman, George. Henderson Daily News (Henderson, Tex.),, Vol. 1, No. 236, Ed. 1 Wednesday, December 16, 1931, newspaper, December 16, 1931; Henderson, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1330961/m1/4/: accessed July 11, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Rusk County Library.