The Refugio Review. (Refugio, Tex.), Vol. 4, No. 52, Ed. 1 Friday, December 19, 1902 Page: 3 of 4
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ealer in General Merchandise,
Dry Goods, Groceries, Boots,
Shoes, Clothing, Motions, Etc. .
! My mdumnentR to the trading- public are relia ble poods at a •
: lepii-lniate margin of profit. Nq baits to catch the unwary. :
llonesPand courteous dealings with all. * j
: Si v stock is complete in all department's and I only ask .an I
j unp.ejudiced. comparison of inv poods, prices and *business's :
methods with those of m.y competitors. :
....... .............................t f 11 § § f t 11........................................o
A full line of Hardware and ear-
; . tridges of all Muds in stock. ‘.
y°“£iS?«... T. O. Heard,
rr>. '■>
Befugio County.
OFFICIAL DIRECTORY.
COUNTY OFFICERS.
Tt. L. Rea, County Judge.
Eugene Low, Co. and Diet. Clerk.
G. W. Moss, Sheriit' and Ta/i Collector
E!k D. On ark son, i\ij A-ise^or.
WM. Baumgartner, Treasurer
COUNTY COMMISSIONERS
Pat Lambert Precinct No. 1
F. Beets Precinct No. 2
uoeStJohn; Preeinct No. 3
J. E. Byrne Pre S^ctNo. 4
%H. Hernburg, J. P. Prec.'No. 1.
*» '____
Coaimissioners Court sits in r egular
session during the week.beginning the
nd Mondays in February, May, Au-
uet and November. _
'Untv Court convenes on 1st Mon-
February, Hay, August and
Court convenes on the 9th
day after the 2nd Monday in Feb-
iarj and 1st Monday in September.
’AS. U. Wilson, Victoria, Judge
sk i uatcal District. ,'
*. V, Van^nbcrg, Victoria, Attor-
Judicial District,
Local Items.
Vwyiir (fc'.M.. SAva^e m over
Vih tegal business.
•?/'L«*rs. Marlin two well-ktiewn
citizens o| Reevilie, are in th® city
today.
Phi Power is rusticating at
his Patch on tde Shu Antonio
this weeiv.
J ,‘‘.j. Murphy, is at homo a pain
after:a lour through the country
north of us.
O. MiUhell and .f. M. O'Brien
left \ < storday on a short visit to
Goliad and Victoria.
We would like for some of our
rural cousins to briny us a load
of wood on subscription.
■ ( RC.v/* VY
R. F. West was over from the
ranch lust .Sat urday and Sunday
on a. visit to the home folk.
Coll at. the'Drug Store early
next week at yet your tickets for
reserved seats at the concert
neit Friday night.
J,. O. West and J. F. Power
urueii last Tuesday from Yie-
ld and Sam Antonio, which
aces they visited for several
,uys an business and pleasure.
Mrs. G. P. Rogers and child-
ren will leave toimnorrow for
Uo.uisiu.ua, where they will spend
the holidays with relatives,
Arthur Carter returned Wed-
nesday from Port Lavaca. Ar-
thur lias secured a lucrative posi-
tion iu one of that city’s large
mercantile establishments, and
\oii leave shortly after the first
of next ‘mouth to begin labors iu
this new field.
Since publishing ^he names of
those who will ride in the jacK-
ass race, on the 27t,h iust., the
Last Saturday, Mr. and Mrs.
Ben Wagner, who live on the
Aransas river about 18 miles
south of Refugio, started for. the
city to secure medical attention
for their three months old baby,
which had been sick for several
days. The parents not knowing
the seriousness of the baby's Ill-
ness, had almost reached the city
when tlie little one d ed in its
mother’s arms. The broken
hearted parents earne on to the
city with their dead child, and
the iuterrnient took place the
next day in Oakwood cemetery.
The parents have the sympathy
of the entire community in their
sad loss.
Much complaint is being made
by our people anent the present
system of receiving the mails
from Goliad. The mail is sup-
posed to arrive not later than
4:30 p. in., but ford lie past two
weeKs it'has been an every day
occurence for the .mail hack to
arrive here at 0 pi rn, and some-
times; later. This cause great
iii c6h vexi iefiee to. ou r pel >p]e. who
rightly look for their in ails at an
earlier Hour, atVcl-utfifes|JVe,preh-
eht.coYittactbr soon changed' hjis
methods of carrying the I mail,
our people- will take it in hand
to have these conditions im-
proved to their own convenience.
We have i:i stock Red Room
‘Suits, Folding Iron Reds, Music
Racks, Clock Shelves, Wicker
Rockers and other grades, all
styles of Writing Desks, Felt
Mat reuses, .Extern ion Tables,
and oilier,articles uf house furni-
ture too numerous to mention.
Ask for what you don’t see. Our
prices are right and sure to
please.
Simpson &. Baumgartner.
Mr. and Mrs. F. B. Rooke and
children returned last week from
Victoria,- where they had been
sojourning: for several weeks
while their voung sou, Master
Driscoll, was under medical treat-
ment i'ur inflammation of the ton-
sils. We are pleased to learn
that the young gentleman has
recovered from his troubles.
Mrs. Pat Lambert and daugh-
ter, Miss Carrie, and Misses Jes-
sie and Mauri Heard, are expect-
ed home in a few days to 'spend
the Holidays, with home-folks.
The young ladies have been at-
tending school for several months
—Miss Maud in Ban Antonio and
Misses Lambert and Jessie Heard
at Austin.
Messrs. Eugene Low and L. R.
Jeter at the conseut of the ladies
iu charge, had the grass and
weeds cut out of King’s ParK
this we«k, and in consequence the
gentlemen are better off by
about two tons of hay while the
beauty of the park is increased
ten-fold.
Mr. and Mrs. Faber, the vene-
rable parents of Mrs. Ben Wag-
ner, came over from Victoria last
Sunday to be present at the
funeral obsequies of their grand-
child.
Will Gray and his young son,
yalter, came up from’ St. Mary
.st Tuesday and went up to the
Sarco next day, after cattle.
Citaton By Publication. '
(No. 507.)
The State of Texas.
To the Sheriff or anv Consta-
ble of Refugio County, Greeting,
You are hereby commanded to
summon Pearce Rollins and the
unknown wife of said Pearce Rol-
lins, and the unknown heirs and
the unknown devisees of each the
said Pearse Rollins and said un-
known wife, and Charles H. Han
gon, a.nd the unknown wife of
said Charles H.Ha agon. and the
unknown heirs and the unknown
devisees of each, the said Charles
H. Hangon and said unKnown
wife, and Olivia M. C. Larkin,
and the unknown husband of
Olivia M. 0. Larkin, and the un-
known heirs and theunkriown de-
visees of.each, the said UR via \L
C, Larkin and her said unknown
husband, and Olivia M. 0. Fow-
ler and the unknown husband of
the said Olivia M. C. Fowler, and
the unknown heirs and the un-
known devisees of each, the said
Olivia M. C. Fowler and her said
unknown husband, and Wilson
W. Fowler and the unknown wife
of said Wilson vV. Fowler, and
the unknown heirs and the un-
known devisees of each, the'said
Wilson W. Fowler and said un-
known wife, and the unknown
claimants under each ofsaid par-
ties hereinabove named and un-
der each of said parties herein-
above designated, bv maxing
publication of this citation once
in each week for four successive
weeks, and for eight successive
weeks previous to the vet uni da.v
hereof, in some newspaper pub-
lished in your county, if there be
a newspaper published therein,
but if not, then in any newspaper
puolished in the 24th Judicial
District; but if there.be no news-
paper published in said judicial
district then in a newspaper in
the nearest district to said 24th
Judicial District, to appear at
the next regular term of the Dis-
trict Court of Refugio County,
Texas- to be hoicien at the Court
House thereof, in the town of Re-
fugio, on the ninth Monday after
the second Monday in February,
A. D. IV)03. the same being the
13th day of April, A. D. 11)03,
then ami there to answer a. peti-
tion filed m said Court on the
21st day • of : -November, A. D.
1902, id a suit, numbered on the
d ockeV> of mu icl co h rt, A d507/
wherein J. Colwell Dilhvorth is
plaintiff, and the parties whom
you are directed to. summon and
above named are defendants, a rid .
a brief statement of the cause of
action alleged in said petition
being as follows:—
First,—That about September
I, 1902, plaintiff was in lawful
possession of the tract of 1280
acres of land in Refugio County,
Texas, patented to Rearce Rol-
lins, by patent dated July 19,
1884, No. 377 in Volume 9, and
the defendants entered thereon
and ousted plaintiff therefrom,
and plaintiff seeks its recovery.
Second,—Plaintiff says tha t the
tract of land above described was
located by virtue of a land certi-
ficate issued to said Pearce Rol-
lins; that on Daniel c. Osborn be-
came the owner thereof by pur-
chase from Pearce Rollins, and
about December V), 1850, located
said survey on said lend and
caused the field notes to be" re-
the unknown heirs and devisees j return day hereof, in some’14news-
paper published in your county,
if there be a newspaper published
therein, but if not. then in any
newspaper published in the
Twenty-fourth Judicial district;
but if there be no newspaper pub-
lished in said Judicial District,
then in a newspaper published in
the nearest District to said Twen-
ty-fourth Judicial District, to ap-
of each Charles Han gon and his
said unknown wife and the un-
known claimants under each oi
them, is that on January 22,
1892, tL-ce was filed h»r record
in Refugio county an instrument
purporting to be a transfer by
Pearce Rollins to said Charles H.
Rangon of said certificate, .and
dated January 14, lo(>o, which
instrument, plaintiff sms w a
forgery; also that on November
21, 1891, there was filed, for re
cord in Refugio countv aw instru-
ment purporting to have hems
executed by one F. Briciita asat-
t.or ney in fact for one Chichester
Chaplin to said Charles HJingon
and transferring said 'certificate:
and which instrument, plaintiff
-charges is a forgery, and' also,
that no title passed thereby, for
the reason that neit la r said Chi-
chester Chaplin nor said Brichtn
had any interest there:n, and for
the further reason that if any
title did thereby pass to said
Charles H. Hangon, he sold a no
conveyed the same to soul Dan’!
C. Osborn,
, That the claim asserted by the
defendants Olivia M. C. Larkin
and her unknown husband and
the unKnown heirs and devisees
of them and each of them, anti
tiie unknown claimants under
any of said parties, is that on
J an nary 22, 1892, • wa s ii led for
registry in Refugio county ji pur-
ported transfer from Charles'H.
id an gore, F. Lewis, John N. Par-
mer, J. Milton Larkin and 8. L.
Fowler to said Olivia M. C. Lar-
kin, which plaintiff charges was
a forgery as to said (diaries H.
Hangon, but that no titles pass-
ed. thereby, since the certificate
had been theretofore acquired
mid was owned and located b;.
Daniel C. Osborn, whose title
plaintiff has. •
That the claim asserted by the
defendants, Olivia M, ( VyF^wler.
and her unknown husband*and-
the unknown heirs and tlev^secs
of said Olivia M.- O. Fowler hmd
her said unknown husbandyaud
the unknown claimants linder
them, is that, there was tiled in
1895 for registry in Victoria
County an instrument purport-
ing. to convey said Rudins land
certificate, b.Y Olivia M. C. Fowler
to one Wilson VV. Fowier, and
in which instrument, it is recited,
that Olivia ML C. Fowier was for-
merly M, 0. Larkin,and io wiiich
instrument said defendants' tire?
.asserting that Olivia \L O.iFciw-
ler had the right to said eenf/L
cate, which plaintiff denies. i
That the ad verse dia tm trssef t-
ed by the defendants Wilson W .
Fowler, his unknownyufeand the
unknown heirs -and - devisees of
theni and unknown claimants
under said parties designated,
arises by force of the registry of
the purported transfer of said
land certificate by said Oh via M.
C. Fowler to said Wilson V\L Fow-
ler, which purported tr<a nsfer jil-
sb attempts to convey lands in
Victoria county, and by reason
thereof a copy may be recorded
in Refugio county, but that this
claim
above designated, by making
publication of this citation once
in each week for four successive
wee oh, and for eight successive
weeks previous to the return day
hereof, in some newspaper pub-
lished in your county, if there be
a newspaper published therein,
but if not, then in any newspa-
per published in the 24th Judi-
cial District but if there be no
pear at the next regular term of j newspaper published in said Ju-
is without validity, die-
cause Daniel C. Osborn Owned
the certificate,,and plaintiff now
has his title and the latter also
pleads the statute of limitation
against all of the adverse claims.
The prayer of petition is a ci-
tation by publication, that pro-
turned to the General’ Land Of- ceedmgs may be had as is ueces- ‘
fiee and thereby became the own- Bary to fully settle and det ev-
er of the land. That Osborn cpn-i
veyed an undivided one halfiliter-)
est in said location to John T.’
Allen, and a one half interest to
G. C. Osborn, and that Charlotte
D. and Newton O. Gullett acquir-
ed all the. interest in said loca-
tion of each of the said Allen and
said D. C. Osborn, and that plain-
tiff has acquired the title of all of,
the heirs at law of said Charlotte
1). and Newton C. Gullett to said
land, and that Daniel C. Osborn
and his successors-in estate down
to plaintiff haae at all times
claimed the land, and plaintiff
asserts that he and those whose
estate he holds, to said land have
title thereto by virtue of the
three, five, and ten years statute
of limitation.
Plaintiff further avers that the
defendants are asserting adverse
claims to the land which are
without validity, and briefly sta-
ted as follows:—
The ad verse claim asserted by
defendants Pearce Rollins, his
unknown wife, and the unknown
heirs and devisees of each Pearce
Rollins and his unknown wife,
and the unKnown claimants un-
der them is that the patent is-
sued July 1 1884, to said Pearce
Rollins for said land, bur that
the same was owned by Osborn
as aforesaid but there is no re-
cord evidence of the transfer of
the certificate to Osborn and
mine the questions of right or ti-
tle to said land; that plaintiff
have judgement for its recovery;
that ail adverse claims by de-
fendants be removed, and for
costs, equity and general relief.
IIKin in Fail Not, ’ but. have
before said Court, at. its afore-
said next regular term, this writ,
with your return thereon show-
ing how you have executed the
same.
Witness Eugene Low, Clerk of
the District Court of Refugio
county, Texas.
Given under my hand and seal
of said Court, ait office in Refu-
gio, Texas, this the 24th day of
November A. D. 1902.
Eugene Low, Clerk,
District Court, Refugio county,
Texas. .
Citation By Publication.
(No. 506.)
The State of Texas.
To t lie Sheriff or a ny Co eata-
ble of Refugio County, Greeting:
You are hereby commanded to
summon Silas Hulse and the un-
known wife of said Silas Hulse
and the unknown heirs and the
unknown devisees of each, the
said Silas Hulse and said 'un-
known wife, and the unknown
claimants under each ofsaid par-
tlie District Court of Refugio
County, Texas, to he holden at
the Court. House thereof, in the
town of Refugio, on the Ninth
.M onday after tire Second Monday
in February, A. D. 190.3, the same
'being the '13th dav of April, A.
I). 1903, then and there to an-
swer a petition filed in said court
on .the 21st day of November, A.
D. 1902, in a suit, numbered on
the docket of said Court No. 506;
wherein A. Colwell Oil worth is
plaintiff and the parties whom
you are' directed to summon and
above named, are the defendants,
as id a brief-statement of the cause
of action alleged in said petition
being as follows:—
Plaintiff alleges that about
Sept. 1st, 1902, he was the own-
er and in quiet possession there-
of, but that'defendants unlawful-
ly entered and ousted him from
that tract oi land of 040 acres
in Refugio County, Texas, which
was on November 22, .18:75, pa-
tented to Silas .Hulse by patent
No. 038 in Volume 8, and fully
described in the petition.
Plaintiff also alleges that the
defendants are asserting adverse
claims constituting cloud upon
piaiutih’s title, which are with-
out any merit, and that his,
plaintiff’s title arises by virtue of
the acquisition by Daniel C. Os-
born from Silas Hulse,' to whom
same was granted of the certifi-
cate, by virtue of which, the
above land was located, and the
subsequent location thereof by
said Osborn about December,
1850; and the said Osborn trans-
ferred a one-ha If interest thereof
10 one John 1'. Allen a.nd the oth-
er one-half to one G. C. Osborn,
and the said Allen and the said.
Osborn did each convey to one
Wm. C. Terry ail their interest
hi said location, and that said
Terry- gave a deed of trust there-
on t<y seen id certain notes, ki de-
fault of wlmse payment valid sale
was unuiy by the trustee and the
location putcR-ased by Charlotte
ID. GuRett,- then the wife bf'New-
ton if! (tujletHRiid both of whom
have died, imiystate, and-plaintiff
has- the title of mil the heirs at
law of each, said ’ Charlotte 4).
Gullett;- ami Newhbn C. Gulisctt.
Also that .Daniel C..". Osborn and
his 'successors in Msfiate at alii
times after, the location ofsaid
survey asserted titles to said
lands. aulFthat plaintiff- and hi*
predecssors hi said estate have
had possession of said location
over twenty-six years and he
pleads the statute of three, five,
and ten years limitation to said
lands.
Plaintiff asserts that cloud as-
serted by the defendants arises
by virtue of the issuance on about
November 22, 1875 by the state
or Texas of a patent to said land
to 8ilas Hulse, and the fact.that
there is no written transfer from
said Silas Hulse of said certificate
to. Daniel C. Osborn, but plaintiff
avers that such certificate was
in fact sold by the said Hulse to
Osborn, and that-the adverse
claim is without validity, and is
also barred by
limitation.
The prayer oi the petition is
for citation by publication, that
such proceedings may be. had as
may be necessary to fully settle
and determine tne right and title
to said land,-for recovery of said
premises, and the removal of ad-
verse claims, for cost, equity and
general relief.
Herein Fail Not, but have be-
fore said Court,'at its aforesaid
next regular term, this writ, with
your return thereon, showing
how you have executed the same.
Witness Eugene Low, Clerk of
the District Court of Refugio
County, Texas.
Given under my hand and seal
of said Court at Office in Refugio,
Texas, this the 24th day of Nov-
ember, 1902. Euoene L(Wv,
C.ierK of District Court of Refugio
County, Texas.
diciai District, then in a newspa-
per published in the nearest dis-
trict to said 24th Judicial Dis-
trict, to appear at the next regu-
lar term of the District court of
Refugio county, Texas, to be
ho Men at the court house thereof
in the town of Refugio on the
Ninth Monday after the second
Monday in February A. D. 1903,
the saihe being the 13th day of
April A. D. 1903, then and there
to answer a petition filed in said
court on the 21st day of Novem-
ber, A. D. 1902 in a suit, number-
ed on the docket of said court
No. 505, wherein J. Colwell Dii-
wortii is plaintiff and the parties
whom you are directed to sum-
mon and above named, are the
defendants, and a brief state-
ment of the cause of action al-
leged, in said petition being as
follows:—
Plaintiff asserts that about
Sept. 1, 1902, and while he was
in lawful possession thereof, de-
remiaii t.s entered and ousted him
from that tract of 1280 acres of
land in Refuj^o county, which,
was patented to Lewis Ballard
by patent dated November 22,
1875, No. 387 in Volume 15, and
fully in said petition described.
Plaintiff further alleges that
the' defendants are asserting ad-
verse claims to said premises,
eontitutuig a cloud upon the ti-
tle of plaintiff afid wholly with-
out validity. And plaintiff as-
serts that one, Daniel C. Osborn
did acquire from Lewis Ballard
the original gran tee thereof, title
to the certificate by virtue of
which said land was surveyed
and thereafter about December
12, 1850, caused the same to be
jocgted upon the land above de^
scribed, and the field notes there-
of to be returned to the .General
Land Office; and that Osborn
s*dd one half interest therein to
obi,-, John T. Allen uad the other
one half interest to on® G. o. Os-
born, and that said both Allen
and G; p. Oaborn conveyed their
Inler-est in said location to char-
lotte D. Gullett, who was the wife -,
of Newton C. Gullett, and both
of whom are now dead, and
plant tiff has acquired the title of
ail the heirs at law of each the
said Charlotte D, Gullett and
Newton e, Gullett. And that said
Daniel m Osborn ami successors
in estate ctmtitioualy asserted ti-
tle to said land, and had been in
actual possession, thereof for ov
er 26 yeais, and plaintiff pleads
the statute of limitation to,
three, five and ten years to said
premises.
Plaintiff alleges that the cloud
cast upon his title arises from the
fact of the issuance on Novem-
ber 22, 1875, by the State of
Texas of a patent to said Lewis
Ballard, and that there is no
written transfer by Ballard to
said Osborn, but that this ad-
verse claim is without validity,
because said Osborn had acquir-
ed said certificate.
Plaintiff .prays for citation by
publication, and that such pro-
ceedings be had as may be lie-
the statute of jeessary to settle and determine
the right and title to the land,
for judgement for its recovery,
for cancellation of the clouds on
plaintiff’s title, for costs, equity
and general relef.
Herein Fail Not, but have be-
fore said court, at. its aforesaid
next regular term, tiiis writ,
with your return thereon, show-
ing how you have executed the
same-
\\ itness Eugene Low, Clerk of
the District Court of Refugio
county, Texas.
Given under my hand, and the
seal of said court at office in Re
fugio, Texas, this the 24th day
of November, A. D. 1902.
EugenE l ,ow, Clerk.
District Court, Refugio County,
Texas. *
YEAR8f
here a cloud is cast upon plain-lifts hereinabove designated, by-
tiff’s title. m^T:
That the adverse claim assert-
ed by the defendants Charles Li.
Hangon, his unknown wife and
"diving pu Plication of this cita
ijioh'-oiice iii each week for four
iSUccessive Weeks, and for eight-
successive weeks previous to the
Citation By Publication,
(No. 505.)
The State of Texas.
To the Sheriff .or any Consta-
ble in Refugio County, Greeting,
You are hereby commanded to
summon Lewis Ballard and the]
unknown wife of said Lewis Bal-q
lard, and the unknown heirs and
the unknown devisees of each,
the said Lewis Ballard and his
said unknown wife, and the un-
known claimants under each of
said parties hereinabove named,
and each of said; parties herein-
Anyone $«n
(jvjieiEly f&cv
nwantln
Trade Marks
Designs
Copyrights &e.
pi ion m
h ether
ninuniR
>l\ I'stenbs
patents,
receive
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Gaffney, J. F. The Refugio Review. (Refugio, Tex.), Vol. 4, No. 52, Ed. 1 Friday, December 19, 1902, newspaper, December 19, 1902; (https://texashistory.unt.edu/ark:/67531/metapth739143/m1/3/: accessed April 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Dennis M. O’Connor Public Library.