Palacios Beacon (Palacios, Tex.), Vol. 15, No. 48, Ed. 1 Friday, December 1, 1922 Page: 3 of 4
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TION BY PUBLICATION.
State of Texas,
To the Sheriff or any Constable of
Matagorda County—Greeting:
You are hereby commanded, that
you summon, by making publication
of this citation in some newspaper
published In the county of Matagorda,
State of Texas, if there bo a news-
paper published therein, but If net,
then in a newspaper published in the
nearest county to said Matagorda
County, for four consecutive weeks
previous to the return day hereof,
Charlotte Jane Dulce, Thomas Mar
shall Duke, Harriett ■ Sarah Gayle
Talbot, Alcy Lowry, John W. Lowry,
Alice W. Webb, E. W. Webb, L 13.
Fry, and James Monroe, and their
unknown heirs and their unknown
legal representatives whose resi-
dences are unknown, to be and ap
pear before the Hon. District Court,
of Matagorda County, Texas, at the
next regular term thereof, to be
holden in the county of Matagorda,
at the court house thereof, in Bay
City, Texas, on the ftrst Monday in
January A. D. 1923, being the 1st day
of January, A. D. 1323, then and ..here
to answer a petition filed in said
court, on the 21st daf of November,
A. D. 1922, in a suit numbered on
the docket of said court No. 8546,
wherein Louise H. Mayfleld and J. S.
Mayfield are plaintiffs and Charlotte
Jane Duke, Thomas Marshall Duke,
Harriett Sarah Gayle Talbot, Alcy
Lowry, John W. Lowry, Alice W.
Webb, E'. W. Webb, L. T!. Pry, James
Monroe and their unknown heirs and
their unknown legal representatives,
are defendants. The nature of the
plaintiffs' demand being as follows,
to-wit:
-»._Suit to quiet title in plaintiffs in
and to the following described lands
and premises: One thousand and three
nd 75-100 (I,u03.75) acres or land in
he Thos. M. Duke league in Mata-
gorda County, Texas, and is more
particularly described as follows,
to-wit:
Beginning at the south corner of
the said Thos. M. Duke league, the
same being the east corner of the
John Duncan survey No. 1 and in
the northwest boundary line of the
P. Pruitt league marked by an old
stake in the center of a 60-foot coun-
ty road.
Thence N. 45 deg. W. along the
southwest boundary line of the said
Duke league, the same being the
northeast boundary line of the John
Duncan survey, 5134.0 feet to a stake
set for the west corner of this tract
in the southeast boundary line of the
CrOonneirs. iands.
Thence along the said boundary
line of the O'Connell's lands as fol-
lows: >N. 43 deg. 35 min. E. C17.5 feet
N. 45 deg, W. 30 feet, and N. 4 2deg.
.09 min. E. 1838.0 feet- to a stake set
for a ncrth corner of this tract in
the northeast edge of the Caney-Van
Vleck county road.
Thence in a southeasterly direc-
tion with said northeast boundary
line of the said county roads as fol-
lows: S. 1 6dcg. 36 min. E. 454.0
feet and S. 28 deg. 14 min. E. 1255.0
feet to a stake set for an interior
corner of the old Kilbride place.
Thence N. 46 deg. 20 min. E. along
old fence line 2354.0 feet to fence
corner an interior corner of this
tract.
Thence N. 39 deg. 55 min. W. along
old fence line 1237.0 feet to a well
established corner.
Thence in a northeasterly direc-
tion along a well-marked line repre-
senting the northwest boundary l"ne
of a 275 1-2'acre tract formerly own-
ed by Mrs. M. L. Warren as follows:
N. 45 E. 2230.0 feet, N. 46 deg. E.
560.0 feet, N. 44 3-4 deg. E. 1240.0
feet, and N. 45 3-4 deg. E. 1854.0 feet
to an old stake and feiice corner for
a north corner of this tract, the said
corner being the old original north
corner of the said tract formerly
owned by Mrs. M. L. Warren.
Thence in a southeasterly direction
along old marked fence line as fol
lows: S. 43 1-4 deg. E. 790.0 feet and
S. 45 deg. E. 465.0 feet to an old
fence corner in a bois de arc hedge
for an east corner of this tract, the
same being the original east corner
of the tract formerly owned by Mrs
M. L. Warren and in the northwest
boundary line of the Kate Burkhart
300-acre tract.
Thence along the northwest line of
the said Kate Burkhart 300-acre
tract as follows: N. 45 deg. E. 2300.0
feet, N. 46 deg. E. 1,450.0 feet to the
center of Caney Creek, an old stake
set, for the north corner of the said
Kate Burkhart tract.
Thence in a southeasterly direction
along the center of said Caney Creek
with its meanders down stream to its
intersection with the southeast boun-
dary line of the Thos. M. Duke league,
stake set for the east corner of this
tract..
Thence ,s. 45 deg. W. along the di
vision line between the said Thos. M.
Duke league and the P. Pruitt league,
said line being marked on the ground
by the center of the Bay City-Allen-
hurst county road at 5428.0 feet cross
Hardeman Slough (called Amigo
Creek) at 6032.5 feet cross the center
of the G, H. &. S. A. R. R. (I-Iawltins-
ville Branch) 7505.0 feet to a stake
set for, the east corner of a 32-acre
tract (called 26 acres).
Thence 45 deg. W. 1019,5 feet to a
fence corner for the north corner of
said 32-acre tract; thence S. 45 deg.
W. 278.9 feet to another icnce cor-
ner; thence S. 26 deg. 24 min. E
313.9 feet to an interior corner of
said tract; thence S. 45 deg. W. 1250.0
feet to the west corner of the said
32-acre tract, in the east edge of the
old road; thence S. 24 deg. 10 min.
E. along the said old road right-of-
way 797.2 feet to the south corner of
said 32-acre tract in tUe southeast
boundary line of the Thos. M. Duke
league.
Thence S. 45 deg. W. along the said
league line at 130.0 feet and 180.6
fe~t past the east and west edge re-
spectively of the present location of
the Caney-Van Vleck county road,
12711 feet to the place of beginning,
containing within the foregoing de-
scribed boundaries all of the lands of
plaintiffs in the Thos. M. Duke league,
and being approximately 1003.75
acres of land
Plaintffs alleging further that they
are the owners in fee simple of the
hereinabove described lands, and that
they and those under whom they
claim have had and held peaceable,
continuous and adverse possession
under title or color of title from and
under the State of Texas of same
from November 23, 1883, to the com-
mencement of this suit.
That they and those under whom
they claim, claiming the same under
deeds duly registered, have had
peaceable, adverse and continuous
possession of same, cultivating, using
and enjoying same for a period of
more than ten years prior to the in-
stitution of this suit.
That title to same has passed out
of the State of Texas, and that plain-
tiffs and those under whom they
claim, have had and held peaceable
and adverse possession of same, using
and enjoying the same under deeds
duly recorded constituting a regular
chain of title, for a period of twenty-
five years immediately preceding the
institution of this suit.
That they and those under whoifi
they claim paid full value for it to
the different owners from whom it
was purchased and received warranty
deeds therefor, and they believed at
said lime that their title thereto by
deeds and other instruments was per-
fect. but thev have since discovered
that the recorded title thereto is in
some respects imperfect, and that
owing to the lapse of time since said
errors were committed, said errors or
imperfections have become incapable
of correction have by suit ot quiet
title. That these impair the market
value of said lands, prevent the sale
of the same at a fair price, and cast
a cloud upon their title, wherefore
they bring this suit against the here-
inbefore mentioned defendants to
quiet their title to and their posses-
sion of said lands.
That some of the defendants named
and also their unknown heirs and
legal representatives are sued be-
cause it has been impossible to dis-
cover after diligent inquiry whether
said named defendants are living or
dead, or the names of their heir* or
their legal representatives or the
names of any of those who are sued
as heirs.
That all of the hereinbefore named
parties are made defendants that they
may each and all assert their title, if
any they have, to all or any portlonu
of said lands.
And the special reasons why they
are made defendants are now hero
given.
Charlotte Jane Duke and Thomas
Marshall Duke and their unknown
heirs and their unknown legal repre-
sentatives, because they wore devis-
ees and legatees under the will of
Mrs. Jane M, Duke and did not join
the other devisees in the conveyance
of part of said above described prop-
erty.
Harriett Sarah Gayle Talbot and
her unknown heirs and her unknown
legal representatives, because she did
not join her husband, Matthew Tal •
bot in the execution of a deed of
trust on a part of the land herein-
before described to D. E. E. Brainan,
dated November 7, 1865.
Alcy Lowry and John W. Lowry
and their unknown heirs and their
unknown legal representatives, be-
cause the deed recorded in Book N,
page 217, of the Deed Records of
Matagorda County, Texas, is not
properly executed by the said de-
fendants.
Alice W. Webb and E. W. Webb and
their unknown heirs and their un-
known legal representatives, because
E. W. Webb, husband of Alice W
ebl), did not join her in the execu-
tion of the deed to Joseph Howell,
dated September 19, 1874.
L. B. Fry and her unknown heirs
and her unknown legal representa-
tives because there is nothing in the
records ot show whether the parties
claiming to be her heirs, were her
only heirs, and legally entitled to
convey part of the property herein
above described.
James Monroe and his unknown
heirs and his unknown legal repre-
sentatives, because there is nothing
of record to show whether the parties
claiming to be his heirs, were his
only heirs and legally entitled to
convey part of the property herein-
above described.
Prayer for citation to said defend-
ants, for an order appointing an at-
torney for such of said defendants
and their unknown heirs and their
unknown legal representatives as do
not appear either in person or by at-
torney; on final hearing for judg-
ment in rem quieting in them the
title and possession of all of the
hereinbefore described lands remov-
ing all clouds therefrom and for
costs against such defendants as may
appear in person or by attorney.
Herein fail not, and have you be-
fule saiu cuuri., ou the saiu ihst day
of the next term thereof, this writ,
with your endorsement thereon, show-
ing how you have executed the same.
Given under my hand and seal of
said court, at office in Bay City,
Texas, this, the 23rd, day of Novem-
ber, A. D. 1922.
(SEAL) WM. C. FOULKS.
Clerk District Court, Matagorda
County, Texas.
Mothers of Boy Scouts are in-
vited to meet at the home of
Mrs. J. R. Elliott, next Tuesday
afternoon at 3 o'clock.
Mr. and Mrs. Arthur Clay-
bourne and son, George Edwin,
of Palestine, came in Saturday
for a few days at the parental
home. The family party was
augmented Sunday by the arriv-
al of Guy and Glenn Claybourne
and their wives, from Bay City.
We want to tell you
that we handle
"That Good Gulf Gasoline"
For Sale.
Four good 1100 lb mare mules,
4 to 9 years old. Also all my
farm implements
45-tf
W. W. Bussell.
FOR SALE—At Francitas 15
acres with 5 lots. 10 acres, no
2240—5 acres, no 23(50 and 5
Francitas town lots, all for $1000.
Address Loreta Bove, box 100.
Brilliant, New Mexico. 42-8t
0==
For Rent.
Farm on Cash Creek, house 6
rooms; barn 20x36, granary 8x20
—115 acres under cultivation.
Well drained, 50 acres fenced
pasture, 2 acres garden and truck
patch. Good well, plenty of wa-
ter, Will rent for third and
fourth. 200 acres of meadow if
tenant wants it. Posecsion Nov.
15, 22. SeeF. C. Hensel or R. J.
Sisson. Also house, barn and
forty acres, good well and wind
mill, artesian water, land all
fenced. F. C. Hensel.
ECONOMY FILLING STATION
FREE AIR (Hot or Cold) 1
Pennant Oils Fisk Tires y
MOMMHRM
Less Than Seven Cents a Day
Pays for your telephone in your home.
One sudden case of sickness, a fire or
accident and it pays for itself many
times over, Enjoy the advantages and
protection a phone offers by having us
place you on our exchange TODAY,
(|| The Coast Telephone Co.
%
li
SAVE $4.05
AND KEEP WELL POSTED
DURING 1923
BY SUUSCRIBING FOR
Houston Chronicle
THE GREAT NEWSPAPER OF TEXAS
■BARGAIN DAYS OFFER—
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Regular Rate $9.00
NOW UNTIL
DECEMBER
25th
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THE HOUSTON CHRONICLE; HOUSTON, TEX.
□Je
10
GREEN-FOX
GARAGS
THE better the
tire-the bigger
the saving. One
reason why we rec-
ommend and sell
u. S. Royal Cuidu.
United States Tires
arc Good Tires
^ Life's Pleasures
are bestowed by destiny upon
those who have the judgment
to practice frugality and fore-
sight. Don't spend all you
earn on the passing show.
Good things come
To Those Who Save Now
join the growing number of young men
who have a savings account in our care,
Palacios State Bank
niiiiniiii
MORE UNTIL
£
This store will be
CLOSED
on both Christmas and
New Years Day
You owe it to yourself to do your Christ-
mas shopping early this year and select
your present before they are all picked
over and the prettiest ones are bought by
some one else. It also shows wisdom to
select a useful as well as ornamental gift.
What would be more appreciated by the
sweetheart, wife, mother, sister or daugh-
ter than
A Box of Pretty Gloves,
Silk Stockings, Sweaters,
Coats, Furs, Notions, Etc
And for the lover, husband, father, son
or brother we have Ties, Shirts, Gloves,
Sweaters, Hand Bags, Slippert, Etc., Etc.
D. P. Moore Dry Goods Co,
PALACIOS, TEXAS
Wmm. J
______
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Grant, Mrs. Earl. Palacios Beacon (Palacios, Tex.), Vol. 15, No. 48, Ed. 1 Friday, December 1, 1922, newspaper, December 1, 1922; Palacios, Texas. (https://texashistory.unt.edu/ark:/67531/metapth412167/m1/3/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Palacios Library.