The Archer County News (Archer City, Tex.), Vol. 20, No. 38, Ed. 1 Friday, April 3, 1931 Page: 2 of 6
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THE ARCHER COUNTY NEWS
APRIL 3, 1931
CITATION BY PUBLICATION
Unit, Jr.,
The State ol Texas,
To the Sheriff or any Constable oi Archer
County. Greeting:
You art: hereby comanded to summon the
unknown heirs of Mrs. Betty Holt Christain,
unknown heirs o( Pascal Holt, and John
C. Davis, Charles, Buford and Lucy Davis.
Mrs. Mary Davis Holland and husband Dr.
yp)hn>j. Cam. Gallic and Jim
Joe Buckner, J. S. Holdway,
John, Jim, Pete. Bob and Stewart Dawson,
Mrs. Susan Dawson Bible and husband
Jim Dawson, Mi:.. Bell Dawson Reese and
husband Jim Reese, Derma Reese, Claude
White, Joe, Dudley, Porter, Dellie. Julia.
Lula and Murray Holt, Baty Winfred. Mil-
ton, Mell and Willie Holt, Mrs. Verdie
Holt Moore, a widow, Reber, Boyd and
Henry W. Holt, Mrs. P. Crumbley and
husband _ Crumbley, Lettie and
John R. Holt, Mrs. Donnie Ledford and
husband__Ledford, Monroe Holt,
Francis L. and John C. Preston G.
Holt, Mrs. Bessie E. Acuff and husband
.a. . -_ Acuff, <3u.± 3. A,sff, Mauds
L. Holt, a feme sole, Claude Mosley, Trula
Webb, Paul Worley. Mrs. Fannie Fox,
a feme sole, McKinley Holt, Cube Holt,
Mrs. Ophelia Price and husband
Price, Burgett Holt, Mrs. Nora F. Dorsey,
a feme sole, Mrs. Mary Holt Winfred, a
feme sole, or her unknown heirs, Mrs.
Prudence Holt, a feme sole, or her un-
known heirs, Mrs. Jennie Holt, a feme sole,
or her unknown heirs, Will Holt or his un-
known heirs. Taylor, W ill and Alex Holt
or their unknown heirs, whose residences
are all unknown to plaintiffs and all of
the unknown heirs of all of the brothers
and sisters of Mrs. Sarah Holt Solomon,
deceased, formerly of Cocke County, Tenn-
esee, the unknown heirs of Mrs. Mary
Solomon Castiller, deceased, widow of
Jonas B. Castiller, deceased, formerly of
Cocke County, Tennessee, unknown heirs
of Elizabeth Solomon Smith, deceased wife
of William Smith, formerly of Cocke Coun-
ty, Tennessee, the unknown heirs of Nancy
Solomon Holdway, deceased wife of Hese
kiah Holdway, deceased, formerly of Cocke
County, Tennessee, and all of the unknown
heirs, if any, of Rhoda Solomon Castiller,
deceased, first wife of Robert Castiller. de-
ceased, formerly of Cocke County, Tonnes-
see. not named herein as plaintiffs, likewise
all of the unknown maternal heirs, if any.
of Elizabeth Nelson, deceased child, and
aole heir, of Andrew M. Nelson, deceased,
and his wife Lavinia Solomon Nelson, de-
ceased widow of said Andrew M. Nelson,
and all of the unknown heirs of Andrew
M. Nelson, deceased, their heirs or assigns,
if any there be, who are not otherwise
named or described herein as plaintiffs or
defendants, by making publication of this
Citation once in each week for four con-
secutive weeks previous to the return day
hereof, in some newspaper published in
your County, if there be a newspaper pub-
lished therein, but if not, then in any news
paper published in the Thirtieth Judicial
District, but if there be no newspaper pub-
lished in said Judicial Distrct, then in a
newspaper published in the nearest District
to said Thirtieth Judicial Disrtict, to ap-
pear at the next regular terra ol the Thir-
tieth District Court of Archer County, to
be holden at the Court House thereof, in
Archer City, Texas, on the first Monday
in May, A. D. 1931, the same being the
4th day of May. A. D. 1931. then and there
to answer Fourth Amended Original peti-
tion filed in said Court on the 31st day of
March. A. D. 1931, in a suit numbered on
the docket of said Court No. 2628, where-
in,
William Castiller. George Castiller, Mrs.
Julia Eaton, a widow, Mrs. Francis Glas-
cock, a widow, C E. Castiller. Mrs. Lizzie
Buffington, joined by her husband D. H.
Buffington, Delmar Robert Strait, Mts.
Bessie Spurrier joined by her husband J.
E. Spurrier. Mrs. Olive S. Bartlett, joined
by her husband R. D. Bartlett, Mrs. Flora
Myers, joined by her husband Clarence
Myers and Ralph Strait, which aforesaid
persons are named Group “A” of plaintiffs,
Mrs. Anna Castiller, a widow, and Thom-
as Soufhworth named Group ”B" of plain-
tiffs.
George W. Goans and H. A. Shipman,
hereinafter called Group “C” of plaintiffs;
Mrs. Grace Criss Coleman, joined by her
husband C. L. Coleman, Mrs. Myrtle Criss
Nichols, joined by her husband J. A. Nich-
ols, Clarence Severs Webster, Mrs. Leona
Lovelace, joined by her husband F. S.
Lovelace. J. W. Sentell, Mrs. Rose Sentell
Champlin, joined by her husband R. F.
Champlin, Mrs. Ruthie Sentell Phillips,
joined by her husband J. S. Phillips. L. R.
Sentell, j. W. Sentell. Jr., L. J. Sentell and
W, A. Sentell, Mrs. Clara Sentell Hutchins,
joined by her husband C. F. Hutchins,
Mrs. Mamie Sentell, a widow. Hudson Sen-
tell, E. C. Sentell and Marx Sentell, which
last named three persons bring minors by
their mother Mrs. Mamie Sentell, their
mother as their next friend, named Group
“D " of plaintiffs,
Mrs. B. F. Davis, widow of Ben F. Davis,
deceased. R. C. Davis, and Misses Lula and
Sallie Davis, feme soles, being the widow of
one son and three of the chindlren, one grand
child of John S.Davis, deceased, and as such
are heirs of John S. Davis, deceased, who
died since the filing of the Original Petition
herein, Joe Solomon, Mrs. M. P. Reams, a
feme sole, Mrs. Harriet Conway, a feme
aole. Mrs. Donna Solomon, joined by her
husband Joe Solomon. Mrs. Alice Edwards,
joined by her husband R. R. Edwards, Mrs.
Cora Reese, joined by her husband J. T.
Reese, Mrs. Louise Redwine, joined by her
husband John H. Redwine, Willie Holt
and Hugh Holt, Milton Holt. Mell Holt,
Mrs. Eunice Holt Sawyer, joined by her
husband C. D. Sawyer, Mrs. Verda Moore,
joined by her husband Floyd Moore, J. D.
Holdway, Sr., Mrs. Jesse Conway, joined
by her husband D. Conway, John Holt, Ace
Holt and Mrs. Lena Marshall, a widow,
Mrs. Maggie Cline, joined by her husband
A. L. Cline, William Martin Fox. Vannie
Fox, Mrs. Grace McMillan, joined by her
hasband E. H. McMillan. Mrs. Cressie
Quinn, joined by her husband George
Quinn. Mrs. Maudie Fox Brackett, joined
by her husband A. D. Brackett. Boyd and
Ruber Fox, Mrs. Britonia Fox Linburg,
joined by her husband T. N. Linburg, Mrs.
Mary Sue Thomas, joined by her husband
Allie Cleveland Thomas, known as Group
“E” of plaintiffs; are plaintiffs, and Lake
W. MeCrory, individually and as Trustee,
J. H. White, Mrs. Meldon Glenn and her
hatband Dayton F. Glenn, herein grouped
and knowi at leaser defendants.
And the National Supply Company, a cor-
poration duly incorporated; The Continent-
al Oil Company, a corporation duly incor-
porated; The Petroleum Producers Com-
pany, a corporation duly incorporated; The
Mahlstedt Oil Company, a corporation duly
incorporated; The Texas Company, a cor-
poration duly incorporated under the laws
of Delaware doing business in Texas; The
Humble Oil & Refining Company, a cor-
poration duly incorporated; Carl B. Baily
and Roy L. Rin«, Shaw k. RiiWie, a part-
nership composed of B. J. Shaw and H. A.
Rathke, J. D. Thweat; C. E. Peterson; J.
A. McCarty; A. T. Yarbrough; E. S.
Carey; Miller Bros., a partnership compos-
ed of F. D. Miller and B. S. Miller; B. N.
Feagin; Hazel L. Miller, a widow; R. L.‘
Crowell; F. H. Gholke; H. A. Muse; R. R.
Robertson; Mrs. Mary Lewis and her hus-
band H. G. Lewis; Cutler & Cutler, a part-
nership composed of - Cutler and
_ Cutler; Stidham & Thrasher:
J. W. Akin. Jr.; T. C. Scales. Jr.; E. C.
DeMontel; Leona Vandeventer and her hus-
band E. Vandeventer and C. O. Walling.
The aforesaid persons, firms and corpora-
tions, olhei ilian said lessor defenbanVs,
being here and now called lessee, assignee
and re-assignee defendants.
And the following to-wit: The unknown
heirs of Mrs. Betty Holt Christain. deceas-
ed, and :he unknown heirs of Pascal Holt,
deceased, including Coot Holt, son of said
Pascal Holt, deceased, whose residence is
unknown to plaintiffs: John C. Davis and
Charles. Buford and Lucy Davis, the last
three being all of the children and heirs
of W. B. Davis, deceased. 1 who was former-
ly a party plaintiff in this cause t except
Elmer Davis, one of the plaintiffs named
above. Mrs. Mary Davis Holland and her
husband Dr. _ Holland, Cam Dav-
is. Sallie Davis, and Jim Davis, Sr., the
last four being all of the children and heirs
of James H. Davis and his wife, Sallie
Hendrix, both deceased, whose residences
are all unknown to the plaintiffs, also Joe
Buckner. J. S. Holdsay, John, Jim, Stew-
art, Pete and Bob Dawson, Mrs. Susan
Dawson Bible and her husband, Jim Bible.
Mrs. Bell Dawson Reese and her husband
Jim Reese, Derma Reese. Claude White.
Joe, Dudley, Porter. Dellie, Julia, Lula
and Murray Holt, all of whose residences
are all unknown to plaintiffs, also Baty
Winfred and Milton. Mell and Willie Holt,
and Mrs. Verdie Holt Moore. Reber and
Boyd Holt, also Henry W. Holt, Mrs. P.
Crumbley and her husband -
defendants unlawfully entered said prem-
ises and dispossessed plaintiffs, and have
since withheld and still withhold the pos-
session thereof from plaintiffs, though re-
peated dew rod for possession of said land
lias been made by plaintiffs, defendants
still fail and refuse to admit plaintiffs to
the possession of said land or any part
thereof, to plaintiffs’ damage in the sum
of One Million Fire Hundred Thousand
l$t.500.000) Dollars.
WHEREFORE the premises considered
him at death his wife named Lavilia Solo-
mon Nelson and one child of said marriage
named Elizabeth Nelson, which also sur-
vived him. That his wife and child died
between the years 1843 and 1347, said
child, Elizabeth Nelson surviving it’s moth-
er. and that it left surviving it neither
father or mother or brother or sister. nor
descendant of brother, or sister, but at the
n\ iA \iie said cnild, Eliza-
drew M. Nelson, deceased, and the mother
maternal g. ndmother and the aforesaid
maternal uncles and aunta of said child of
Andrew M. Nelson, deceased, at the time it
was issued as well as its paternal heirs, and
that plaintiffs herein, together with the
non-resident and unknown heir defendants,
are all of their heirs who now own an in-
terest in said land except the lessor de-
fendants named herein and the cruss-actois
herein, and that the persons named herein
FROM JUDGE
beth, it left surviving it the mother of An- | as plaintiffs together with those named aa
plaintiffs pray, that whereas defendants and of il’a mother and also a number of pater-
each of them have been duly cited and A
of them other than those named here a as
non-resident and unknown heir defendants,
save each personally appeared herein and
filed their several answers herein, that up-
on the final hearing hereof plaintiffs pray
for a judgment and decree of this Court
establishing and fixing their title in fee
simple to the extent of one-sixth undivided
interest in said land, and for a writ of res-
titution and for judgment for the rents
and profits and for costs of suit, etc.
F. W. FISCHER,
L. W. SCOTT,
Attorneys for Plaintiffs.
SECOND COUNT:
By way of Second Count plaintiffs allege
that they, together with the several defend-
ants named herein and the cross-actors,
Lydia Campbell and Joe Holt were and are
joint owners of the land described in the
First Count hereof and in the oil, gas and
other minerals in and under same and that
has been taken therefrom. Said defend-
ants. Luke W. MeCrory. Trustee, and J.
H. White and Mrs. Meldon Glenn, jointly
as fee owners own and hold approximate-
ly an undivided 719-840 of the whole 1476
acres, and that the plaintiffs collectively
own all of the remainder thereof, or ap-
Crumbley. Lettie Holt, John R. Holt, Mrs
Donnie Ledford and her husband-
Ledford and Monroe Holt, all of whose
residences are all unknown to plaintiffs
and Preston J. Holt, who plaintiffs allege
that they do not know whether he, the said
Preston J. Holt is dead or not, and if dead,
then they allege that the following persons I described as owned by the non-resident and
proximately an equal undivided 121-840
interest in said whole 1476 acres, less about
2-6048 interest in the whole owned by Joe
Holt and Mrs. Lydia Campbell, cross-act-
ors herein, and a small share owned jointly
by the non-resident and unknown heir de-
fendants named herein, which said undi-
vided 121-840 less said small deduction of
cross-actors and the non resident and un-
known heir defendants is and was at all
times prior hereto, owned in fee simple
by the plaintiffs and those under whom
they claim.
That all remaining interests in said land
are owned and held by the Lessor Defend-
ants herein, that is. J. H. White, Mrs. Mel-
don Glenn and her husband Dayton F.
Glenn and Luke W. MeCrory, Trustee, who
own the remainder of said survey not own-
ed by the plaintiffs as above set out, except
that owned by cross-actors, the unknown
heirs and non-resident defendants herein,
except the small joint share hereinafter
are his children and grandchildren and as
unknown heir defendants of above.
WHEREFORE, in addition to the relief
such are his sole and only heirs, to-wit: *» nr.ixc.rvmo, in auuiuon io me icub
Francis L. Holt. John C. Holt. Mrs. Martha already prayed for in the First Count here-
E. Dyke. Mrs. Omo D. Acuff. Preston G. j of, plaintiffs further pray that on the final
Holt, Mrs. Bessie E. Acuff. Manda L. Holt, | hearing hereof, for the partition and divi-
Claudr World, Trula Webb, Paul .Worley, j sion among plaintiffs, cross-actors and de-
nt! uncles and aunta, and also seven ma-
ternal uncles and aunts.
That Andrew M. Nelson’s mother died
in 1867, and that the father of Andrew M.
Nelson had died during August A. D. 1830;
and that the said brothers and sisters and
all of the descendants of the brothers and
sisters of Andie* M. Nelson, deceased, all
thereafter parted with all of their right,
title and interest in said land to the grant-
ors of the lessor defendants herein.
That said child of Andrew M. Nelson
also left surviving it it’s maternal grand-
mother, jane Solomon null seven mxUxuad
uncles and aunts in addition to the afore-
said paternal heirs, that it’s maternal
grandfather James Solomon and preceded
it in death only a few daya, said maternal
uncles and aunts being as follows: John
Solomon, Mary Solomon Castiller, Elizabeth
Solomon Smith, Nancy Solomon Holdway,
Andy Solomon, Preston Solomon and Rhoda
Solomon Castiller.
That all of it’s said maternal uncles and
aunts were married; that all of them died
leaving children surviving them save and
except it’s Uncle Preston Solomon and it’s
Aunt Rhoda Solomon Castiller, it’s Aunt
Rhoda Solomon Castiller having died in
1849 leaving her surviving husband Robert
Castiller and her brothers and sisters as
her sole heirs and Preston Solomon died
about the year 1856 leaving his surviving
widow Mrs. Sarah Holt Solomon and his
Deration duly incorporated; The Panhandle
Refining Company, a corporation duly in-
corporated; The Ft. Ring Oil fi Gas Com-
pany, a corporation duly incorporated; The
Phillips Petroleum Company, a corpora-
tor duly incorporated; The Empire Gaa
t Fad Company, a corporation duly ineor-
i; The Sixty-Six Oil Company, a cor-
Mrs. Fanny M. Fox, McKinley Holt, Cube
Holt, Mrs. Ophelia Price, Burgett Holt,
Mrs. Nora F. Dorsey, or their unknown
heirs, and the unknown heirs of Mary
Holt W'infred, Mrs. Prudence Holt or her
unknown heirs, Mrs. Jennie Holt or her un-
known heirs, and Will Holt or if he is dead,
then his children, Taylor, Will and Alex
Holt or their unknown heirs, all of whose
residences, not otherwise stated above, are
unknown to plaintiffs, and also all of the
unknown heirs of all of the brothers and
all of the sisters of Mrs. Sarah Holt Solo-
mon, deceased, formerly of Cocke County,
Tennessee, and whose first husband was
Preston Solomon, deceased, formerly of
Cocke County, Tennessee, whose names
and residences other than as herein stated
are all unknown to the plaintiffs, likewise
all of the unknown heirs of Mary Solomon
Castiller, first wife of Jonas B. Castiller,
formerly of Cocke County, Tennessee, not
otherwise named herein as plaintiffs, if
any, who were not parties to the suit styled
M. A. Driskill et al, vs. Luke F. Wilson et
aL No. 196, formerly pending in the Dis-
trict Court of Archer County, Texas, and
all of the unknown descendants and un-
known heirs of Elizabeth Solomon Smith,
deceased wife of W'illiam Smith, deceased,
formerly of Cocke County, Tennessee, that
is, those of such heirs of said Mrs. Eliza-
beth Solomon Smith, deceased, not named
herein as plaintiffs and all of the unknown
heirs of Nancy Solomon Holdway, deceased
wife of Hesekiah Holdway, deceased, form-
erly of Cocke County, Tennessee, and all
of the unknown heirs, if any. of Rhoda
Solomon Castiller, deceased, first wife of
Robert Castiller, deceased, formerly of
Cocke County. Tennessee, not named here-
in as plaintiffs, likewise all of the unknown
maternal heirs, if any, of Elizabeth Nelson
deceased child, and sole heir, of Andrew M.
Nelson, deceased, and his wife Lavinia
Solomon Nelson, deceased widow of said
Andrew M. Nelson, and all of the unknown
heirs of Andrew M. Nelson deceased, their
heirs nr assigns, are defendants, and said
Fourth Amended Original Petition alleging
in substance as follows, to-wit;
FIRST COUNT:
That plaintiffs names and residences
are as above set out and that they, to-
gether with the several defendants named
herein are the joint, sole and exclusive own-
ers of the lands herein described and were
such joint, sole and exclusive owners
thereof at the time of the wrongs and in-
quiries herein complained of. That on or
about the 31st day of October, A. D. 1928,
the plaintiffs were, and still are, owners
in fee simple of the following described
lands and premises, situated in Archer
County, Texas, said land being known and
described as follows, to-wit:
"The Andrew M. Nelson Survey No. 18,
on the waters of Holliday Creek, a tributary
of Big Wichita River about 11 miles N.
126 from the center of the County, by vir-
tue of Spec. Act. H. R. Cert. No. 269, is-
sued by the Commissioner of Claims, May
23, 1861, as follows:
Beginning at the Southeast corner of A.
Nails Survey; Thence North 986 vrs, to
the Southwest corner of No. 1 for the H.
4 T. C. R. R. Co; Thence on the West
Line of No. 24, at 1159 vrs. the southwest
corner ol same; Thence East on South
Line of No. 24, 1900 vrs. to its Southeast
corner; Thence South 1614 vrs. to stake;
Thence West 3800 via. to stake; Thence
North 1787 vrs. to place of beginning.
The first call of this patent has been
corrected by certificate to, “Thence North
986 vrs. to the Southwest comer of No. 1,
for the H. 4 T. C. R. R. Co.” containing
1476 acre* of land.
That on or about the 31st day of October,
A. D. 1928, plaintiff# were then and are
now port owners of the land described
above, that is, an undivided one-sixth
thereof, and entitled to the immediate pos-
session thereof, to the extent of one-sixth
thereof, and were in possession thereof,
that on November 1st, A. D. 1938, the
fendants of all of said land in fee simple,
and that commissioners be appointed to so
divide said land according to quality and
quantity between plaintiffs, cross-actors and
defendants, etc.
, F. W. FISCHER
W. L. SCOTT
Attorneys for Plaintiffs.
THIRD COUNT:
And by way of Third Count plaintiffs
further allege and would show unto the
Court the facts following, to-wit: That
said lessor defendants and lessee defend-
ants and their said assignees and re-as
signees defendants named herein, have en
tered upon said land and caused to be
drilled and sunk, many test wells for oil
and gas, to-wit; more than one hundred,
for the extraction of petroleum oil and gas
from said land, and said defendants by
means of said wells have since said sink-
ing of said well extracted practically all of
the oil and gas from said lands, and that
said lessee, assignee and re-assignee de-
fendants, who thereupon together with said
lessor defendants, thereupon without the
knowledge of plaintiffs or any of them,
thereupon sold all of said oil and gas and
petroleum so taken and saved respectively
by each of said defendants from the afore-
said lands in the market and received from
said sale of same vast sums of money there-
for, and that they then and there received
and collected all of the money and proceeds
from the sale of said oil, gas and petroleum,
and have each since retained and still re-
tain all of the same without accounting
to plaintiffs for any of plaintiffs' share
therein; that the amount of petroleum, oil
and gas so taken, and which proceeds
therefrom was approximately five million
barrels which was sold for an approximate
sum aggregating at least Eight Million
< $8,000 000.00 > Dollars.
That the plaintiffs, as hereinbefore set
out in this the Third Count hereof,
suit for the title and possession of and to
said land and as set out in the Second
Count hereof for partition of said land in
the manner prescribed by law, as described
above, in said Second Count, here, as set
out in the Third Count hereof, for all of
plaintiffs' said shares and interest in the
|nrt proceeds, and net incomes received
and derived by defendants from the net pro-
ceeds from the sale of oil, gas and petro-
leum products from said property, aa set
out in this the Tihrd Count hereof.
That the land herein described consists
of 1476 acres: which was granted by patent
of the State of Texas on August 9th, A. D.
1875, Patent No. 216, Volume 21, Survey
Number 18, by virtue of special act Head-
right Certificate No. 269 to the heirs of
Andrew M. Nelson, deceased, their heirs
or assigns, for a Headright of 1-3 ol a
league of land. 1476 acres in accordance
with the provisions of an act for the relief
of the heirs of those who fell with Fannin,
Ward, Travis, Grant and Johnson during
the war with Mexico during the years 1835
and 1836, said act approved February 9,
1850
That said Andrew M. Nelson emigrated
to Texas in the year 1835 and performed
the duties of a citizen by enlisting in the
army of Texas and served therein as a
soldier and fell in said service with and
under Ceneral Travis at the storming of the
Alamo, on March 6th. 1836, he being then
and there a married man, and laws there-
after passed by the Congress and the State,
directing that certificate* and patents is-
sued as headright* in favor of the heirs,
etc., of all who sc served and fell as did
said Andrew M. Nelson, and the right to
said land of said Andrew M. Nelson was
a community right, in that at and prior to
the time of his death, he had a wife and
child in Tennessee, whom he left surviving
him at his death, and said patent having
issued in the language it did, as a head-
right “to the heirs of Andrew M. Nelson,
Dot’d, their heirs or assignee,” was a com-
munity right of he and hi* said wife.
That said Andrew M. Nelson it dead
and was a married man, leaving surviving
brothers and sisters as hia sole surviving
heirs.
That thereafter it’s maternal grandmother
Jane Solomon died about the year 1870.
leaving as her sole surviving heirs her said
five sons and daughters, to-wit: John Solo-
mon, Mary Solomon Castiller, Elizabeth
Solomon Smith, Nancy Solomon Holdway
and Andy Solomon or their children and
heirs.
That thereafter all of the heirs of said
maternal uncle John Solomon and all of the
heirs of said maternal Aunt Nancy Solomon
Holdway and *11 of the heirs of said ma-
ternal Uncle Andy Solomon and one-half of
the heirs of Mary Solomon Castiller (she
having'died and left only one son and one
daughter as her heirs prior thereto! in
about the year 1890, who then jointly own-
ed approximately an undivided 7-28 or
1-4 interest in said land, brought suit
against L. F. Wilson et al in the District
Court of Archer County for their undivided
interest in the lands involved herein, the
said L. F. Wilson et al, having prior thereto
obtained from the paternal heirs of An-
drew M. Nelson and their successors and
assigns all of their undivided one-half in-
terest therein, the said L. F. Wilson et al
then and there being tenants in common
with the maternal heirs of said child of
Andrew M. Nelson, share and share alike,
and which said suit was styled Martha
Driskell et al.. vs. L. F. Wilson et al, No.
196, and which suit was settled by the
plaintiffs therein giving a quit claim deed
to their undivided interests in said land
to the said L. F. Wilson, M. B. Wilson and
W. E. MeCrory, June 13, 1892, for a money
consideration which was recorded in Vol-
ume V. Page 322-23 of Deed Records, leav-
ing the ancestors of plaintiffs, that is, the
said son of Mary Solomon Castiller and two
of the daughters of Elizabeth Solomon
Smith, the surviving widow of Preston
Solomon, and Robert Castiller, the surviv-
ing husband of Rhoda Solomon Caatiller,
each owning an undivided interest in said
property as follows: William Castiller, de-
ceased son of Mary Solomon Castiller, an
undivided 1-28 interest therein; Sarah Holt
Solomon surviving widow of Preston Solo-
mon an undivided 1-56 thereof, and Robert
Castiller, surviving husband of Rhoda Sol-
omon Castiller on undivided 1-56 therein,
and Nancy and Katherine Smith surviving
daughters of Nar.^y Solomon Smith, each
an undivided 1-42 in the whole of said
property, all aggregating 5-42 of the whole
thereof; that plaintiffs named in Group
“A” hereof are all of the children and
grandchildren and heirs of Robert Castiller
deceased, surviving husband of Rhoda Sol-
omon.
That Group “B” of plaintiffs herein are
all of the surviving children and heirs of
William Castiller, deceased son of said
Mary Solomon Castiller, who had only two
children, the other being Elizabeth Inman
whose only child was Mary Roach who
waa a party to said suit of Martha Dris-
kell et a! va. L. F. Wilson et al. No. 1%
hereinbefore referred to.
That Group “C” herein of plaintiffs are
all of and the only surviving children and
heirs of the said Nancy Smith, deceased,
one of the said daughters of said Elizabeth
Solomon Smith, deceased, and that Group
D” of plaintiffs are all of the children and
heirs of Katherine Smith, deceased, and
Nancy Smith, the other daughter of said
Elizabeth Solomon Smith; that their broth-
er J.. W. Smith received the benefit of said
suit though he did not join in said deed.
That the widow of Preston Solomon,
Sarah Holt Solomon, never had any child-
ren born to her and she survived her said
husband; that she had five brothers and
two sisters, to-wit: John, Betty, Josiah,
William, Basdel, Pascal and Priscilla Holt,
all of which seven brothers and sisters of
said Sarah Holt Solomon were married and
left children surviving them.
That Group “E” of plaintiffs, together
with the non-resident and unknown heir
defendants named herein constitute and are
all of the heirs of the brothers and sisters
of the said Sarah Holt Solomon, widow of
^reston Solomon, who it dead, and who left
no children of her own, but who left the
aforesaid seven brothers and sisters and
their children and grandchildren and heirs;
as her sole surviving heirs, that the said
Sarah Holt Solomon died, seized and pos-
sessed of an undivided 1-56 interest in the
property described, and that Group “E”
of plaintiffs, together with the persons
named as non-resident defendants and the
unknown heirs of Sarah Holt Solomon
named herein as such group are and consti-
tute all of the heirs of said Sarah Holt
Solomon, deceased widow of the aforesaid
Preston Solomon.
That the nature of plaintiffs claim and
that of the non-resident and unknown heir
defendant* is that they are heir* of the
aforesaid maternal heirs of the aforesaid
child of Andrew M. Nelson and Lavinia
Solomon Ne'aon, and that the grantees
named in said Patent to the lands involved
herein, to-wit: the heir* of Andrew M. Nel-
son, deceased, their heirs or assigns at
therein used, embraced and included the
defendants are tenants in common in the
title in saiiTproperty involved herein, and
to establish the rights and proportions of
each of which therein and to recover their
title, rents, revenues, profits and to have
said land divid'd and partitioned among
them and each of them and to recover of
the lessor and leasee and assignee and re-
assignee defendants, their pro rata propor-
tions of the income received and held by
them and each of them, is the ground upon
which this suit is brought, as well as also
to fix the rights and title therein of the
non-resident and unknown heir defendants
named herein.
WKCREFORE jeay itsx to ad-
dition to the prayer for title and possession
and for partition, etc., that upon the final
hearing hereof that plaintiffs have judg-
ment for title and possession and for the
partition and division of said land and
premises, or for the sale of same, as here-
inbefore prayer for; That a receiver of
said property of plaintiffs be appointed
with ample powers to protect plaintiffs’
rights, title and interest therein.
That plaintiffs recover and have judg-
ment of and from and against the defend-
ants other than the non-resident and un-
known heir defendants jointly and severally
as the law directs in the sums and amount
of their full shares in the net proceeds re-
ceived and retained by each of the defend
ants respectively from the sale of all oil
and gas and petroleum produced, saved
and taken from said land involved herein,
less plaintiffs’ proportionate share of all
legal, as well as equitable expenses, costs,
taxes and deduction therefrom, and that
said plaintiffs and each of them be de-
creed a lien for the amount of their joint
and several shares in the said net proceeds
of the oil and gas so taken from said land
against the whole land and property and
premises above described, together with
interest on said net proceeds at the rate of
six per cent per annum, and for such other
and further relief, special and general, in
law and in equity to which they may be
entitled, and for costs, etc.
F. W. FISCHER
W. L. SCOTT
Attorneys for Plaintiffs.
This action is brought, as well to try
the title to the property hereinbefore de-
scribed as for damages, rents, revenues, in-
comes and waste.
F. W. FISCHER
W. L. SCOTT
Attorneys for Plaintiffs.
Herein Fail Not, but have you before
said Court, at its aforesaid next regular
term, this writ with your return thereon,
showing how you have executed the same.
Witness, LIZZIE WOODWARD. Clerk
of the 30th District Court, of Archer Coun-
ty-
Given under my hand and the seal of
said Court, at office in Archer City, Texas,
this the 31st day of March, A. D. 1931.
(Seal) LIZZIE WOODWARD, Clerk,
District Court, Archer County, Texas.
The acquittrl of that Kansas City woman
is going to scare a lot of husbands into
learning the minimum requirements for •
four-spade* bid.
Congress passed thirteen hundred bills
during the last session, a great manv of
which were so weak they could newer bars
been passed if President Hoover hadn’t
vetoed them.
However, Congress is not willing to see a
drought-stricken farmer starve to death—
not if the farmer has some stocks or bond*
to secure a loan from the drought relief
fund.
Gandhi may not convert the world to all
his views, but if business doesn’t pick up
lots of us will be wearing his kind of
clothes.
A new group has been formed in New
Yolk to tod profaecty in the theater. The
first thing they should do is fix the seats
so the audience won’t step on one another's
feet.
In the spring a young man's fancy turns
land him in the traffic court.
Some people owt. country home* o»ei-
looking the sea. Others own country
homes overlooking beautiful valleys or
waterfalls. We own a country home over-
looking a first and second mortgage and
a f(?W more payment*.
The Farm Board is now selling a lot of
wheat in Europe at the loss of a tidy sum
per bushel. This is constructive statesman-
ship, tho some ignorant foreigners can
hardly tell it from dumping.—The New
Yorker.
And when you see a newspaper picture
of a gangster and the detective who arrested
him, it's surprising how often you’re wrong
in guessing which is which.
* Also if they have any more trouble ques-
tioning those witnesses in the New York
hank probe, we sugJBR that they turn the
job over to a committee of married women.
“Is Ruth a nice girl?”
“Is she! That girl can aay ‘no’ more
ways than a Senator!”
Forecast of the Baseball Season
A young rookie from Oklahoma will get
six home runs the first week and by the
middle of the summer will be playing back
in Oklahoma.
Rogers Hornsby will visit a sick boy and
present him with an autographed baseball.
Judge Landis will have his picture taken
without his hat.
It will be discovered to the great delight
of the newspaper that a player on the
Detroit team reads Shakespeare in his idle
hours.
At the end of the season Babe Ruth will
ask for a raise in salary.
In May sixteen big league managers
will give out interviews in which each ope
will say that hit team is sure to win the
pennant.
In October sixteen big league managers
will give out interviews in which each one
will say that his team is sure to win the
pennant next year.
Alpha Archer Delphian
Chapter
Tuesday, April 7, 1931
French Drama: Study of Alhalie
Leader.------;____Mrs. W. E. Forgy
Preliminary Survey________________-President
Topics for Report:
The Plot and its Sources:
Introduction___________Leader
Beginning of Action _______ Mrs. Leon Hays
Athalie’s Demand Through Mattan______ Mrs.
T. C. McCurdy.
THE BED MENACE
Ambulances go right through red lights.
But that’s no novelty to .tome of their best
customers.
The Yorker’s Chorus; Where is our
wandering Mayor tonight?
Congress is still doing its bit for the un-
employed; just look at all the free amuse-
ment it keeps furnishing.
And this pocket veto vogue mutt make
the First Lady think twice before she gives
Herb any letters to post.
With business the way it is, the nearest
we come to traveling is having that far-
away look.
The major league* this year have a new
ball. And let’s hope that the candy butch-
ers get some new peanuts.
And thp price of eggs is so low they say
the hens have slopped cackling and now
blush every time they lay one.
Jehoiada’s Pla
The Outcome ...
Mrs. Maude Ikard
— Miss Mary Hale
In court last week a man said he had
purchased a hairdressing saloon for a thous-
and pounds. We understand, however, that
when he entered the place be really in-
tended only to have a shave.—The Humor-
ist.
NOTICE!
Beginning Monday, April 6th, we are charging our
former price for haircuts_________________________..50c
STUB & JOE’S BARBER SHOP
HOTEL BARBER SHOP
TONSOR BARBER SHOP
l
and Alway
Purity
Quality
Courtesy
IlHELL’J
Drug /tcce
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Martin, Charles. The Archer County News (Archer City, Tex.), Vol. 20, No. 38, Ed. 1 Friday, April 3, 1931, newspaper, April 3, 1931; (https://texashistory.unt.edu/ark:/67531/metapth709351/m1/2/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Archer Public Library.