The Alpine Avalanche (Alpine, Tex.), Vol. 30, No. 33, Ed. 1 Thursday, August 12, 1920 Page: 3 of 8
This newspaper is part of the collection entitled: Alpine Avalanche and was provided to The Portal to Texas History by the Bryan Wildenthal Memorial Library (Archives of the Big Bend).
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t^w-gaafe
A»piaa, Twm, Thwday, Aug. I;tii,jfg>
CITATION BV PUBLICATION
' ?'■>•> -
THE STATE OF TEXAS
To the Sheriff or any Constable
°* Begtortgr County—Greeting.
Yon are hereby commanded to
summon J. R Alford, Mary C. Alford,
S. C Ratti, I. J. Ratti, W. M. Vau
• «•»• J4UUC1
isf&ft
pul
ibHcation
Paarl Lon Herscberger,
- _ .. »«> bV making pub#
of tbta Citation once in each week for
four consecutive weeks previous to
the return day hereof, in some news-
paper published in your Coupty, if
there be a newspaper published there-
in, but if not, then in the nearest
county where a newspaper is pub-
lished, to appear at the neat regular
term of the District Court-of Brew-
ster County, to be holden at the
Court. House thereof, in Alpine,- Tex-
as, on the third Monday in August.
1920, the same being the 16th day of
August 1W0, then and there to an -
swer a petition filed in said Court on
the 8tb day of July 1920 in a suit
Johnston. Jr., Andrew Drutmu~r-.
H. Johnston, J. Jv Boggart, F. M.
Wilkinson and k. G. Mold arc <ie-
fendants, said petition alleging that
on or about the 28th day of March,
A. D. 1920, plaintiff executed and de-
livered to defendant J. H. Derrick a
certain oil and gas lease on Sections
250, 251 and HE in Block 10. G. H &
SI A |ly- Co., original grantee, in
Brewster County, Texas, for a period
of five years without consideration,
that defendant Ucrikk was to paylhia. juduguw hsio; Samuel R. Me
192.00 for the-option or privilege of Kelvey, gad His unknown heirs; T.'B.
exploiting'said land for one year.*Temple!
up to March 28, 1920, that said montv
was paid, that said petition contract
further provided for a like sum of
$192.00 to be paid on or before March I the legal _____.________ ________
28. 1920. for extending said privilege I the folowing described surveys, and
or option another yeafc beginning I parts of surveys, lying in Brewster
—:J’$192.00 due I Countr, Texas, vis:
J. Sur. d00—pat. to Wm. Davis, Jr.
fives; E. Ik his unknown
heirs; Mrs. In C. Huston and R. N.
Huston, bfr husband, and their un-
known heirs; W. B. Pulliam, and his
unknown heirs; Presidio Live Stock
Company, a corporation, or a defunct
corporation its unknown successors,
assigns, trustees or stock-holders; C.
R. Mower, Trustee, his successors
and. his unknown heirs; C. H. Silli-
mtn, Trustee, his successors and his
unknown heirs; Martin L. Herr, and
and his ........n.. , ..
and his unknown heirs;
Russell and his unknown
fendants, and said peti-
ng that the plaintiffs are
|nd . equitable owners of
March 1920. That said'$192.00 duel
March 28, 1920 for extending said|
County, Texas, vi*:
, _ S«r. 400—pa
Lease contract was not pai4 and that | Assee—Cert. 17. issued to Torres
no drilling of wells has ever beimn I Irrig. ft Manfg. Co.—640 acres.
being drifter I 2. Sur. 37—Block 354-
nor are any wells now
on Said land, whereby said oi
contract has been breached,
said defendant Derrick hae assigned
option]
That
354-Cert. 1002-
pat. to E. L Gage—Assee of T. L.
Cook—1200 acres.
3. The North one-half of Sur. 401.
... - n — and
Given under my hand and the Seal
of said Court, at office in Alpine,
Texas, this the 10th day of July,
1920. v *
'•W. H. Lease, Clerk
District Court, Brewster County.
By M. S. Burke, Deputy. 28--H
CITATION BY PUBLICATION
THE STATE OF TEXAS
To the Sheriff or any UonstabL-
of IImw*Hc County-Greeting.
You are hereby commanded' to
summon the Mid-Texas Oil and Re-
fining Company, a corporation, by
making publication of this Citation , , , ,
once in each week for four consecu- an<* *s ,mu'h longer thereafter
time weeks previous to the return day “ ......1,1 1
hereof, in some newspaper published
in your County, if there be a news-
paper published therein, but if not,
then in the nearest County where a
to permit the said Lesh to enter
upon and operate upon the land de-
scribed hereafter tor the purpose ot
elrillingfor oil and gas, with the right
of ingress and egress at all times for
such a pt:rp >se. The land $* describ-
ed as follows, to-\\ it:
Being all of Survey No. Eighty-two
(82), original Grantee. . Thomas I
Krcattbrock, said survey lying and
being on the county lines of I’ecos
and ltrewster Counties, and contain-
ing One Thousand. Two Hund’cd'and
Eighty (1,280) acre’s of land
That the said lease provided that it
continued for a term of tier year-
front the 16th day of December, BM8
CITATION BY PUJLICATION j newspaper published in tliv 63rd. Judi-
, vial District; but if there be no news-
T11L STATE Oi* TEXAS uaper published in said 63rd. Judicial
To the Sheriff or any Constable of' IGtrict, then in a newspaper publish.
Brewster County—Greeting: [ ed in the nearest district no said
You are hereby commanded to Brewster County, to appear at «ha
summon E. M. \vt,elev and lames rr«,,la" ur,n u* *he district
Brayton. whose res.ueuce and tlieJS0.11" ul ,B.re^‘er SV“"2’ ,u° ^
residence ot each o, ti.em is unk.towft at *h« Cour* »her*of
to BlaintHi, by making publication oil V" ,he Jrd, Monday
this Cita.ion once in each ».-x- -or August. 1920. the same being the
the 8th day of July 1920 in a suit sail lease in whole or in part to the I patented to David B. Wilson and
numbered on the docket of said other defendants herein, «nd that I Rim Woodruff. Assees of C. ft M. K
R. Co., cert. 386. for 640 acres.
4. Mri 545—Block 4—pat. to C. B.
due March 28th. 1920, ant! that no I Blake, Asset of Beatty. Seal &
drilling .operations have carer been I Forwood—Cert. 1-594, 640 acres,
commenced on any of said lands as I 5 s^r< 17—Block t—pat. to Swante
in said lease contract *nroi»iiled for. I j Swenson. Assee G. C. ft S. F. R>\
Court _No. 955, wherein W. D. -Bur- defendants have failed tq pay in
chant is Plaintiff, and W. K-. Ellis, whole or in prt said optioft money I
Drucie H. Ellis. J. R. Alford. Mary1 ' ** * “ ' --- * — ' 1
C. Alford, S. C Ratti. !. J. Ratti. W.
M. Van Allen, G. S. Hiding, lul
Roberts, Lon Herscberger, Peat I
Jameson, C. Jameson, H. B. Lamber ,
N, C. Hall, and John O’Mara are
in substance Defendants, and sanl
petition alleging that the plaintiff
owns in fee simple the following de-
scribed lands situated in Brewster
County, Texas; to-wit: Surveys 12,
26. 34,20. 24, 14, 10 and 27, in Block G-2
D. and W. Ry. Co., grantees also sur-
vey’s 19 and 20, in Block 10 H. ft T.
C. Ry-, Co. atyd survey 555, Block G-2.
McNary Harris, grantee; that all of
That neither said defendant Der
rick nor any of the otheE defend-*
ants nor any assigness of. said
Co—Cert. 2244—640 acres
6. Sur. 7—Block 4—pat. to Swante
J. Swenson, Assee of G. C. ft S. F. Ry.
fendants intended to dev etop. drill I Co.—Cert. i239. 640 acres
or expploit said lands but; expected I 7 227 acres out of Sur. 15, .Block 4
♦o subdivide same or most of them, at I__pat to Swante J. Swenson, Assee of
least, into ten acre tracts and record I g. C. ft S. F. Ry. Co.—Cert. 2243—640
maps or plats of said subdivisions I acres Said 227 acres being described
and have assigned and leased said I as follows; Being all of said Sur-
♦ racts and other portions of said I vey 15 which lies South of the center
Inds to various persons in various I of theG. H. ft S. A. Ry. Co’s., track.
—_ . . _ parts of the country, 'and that by I g 266 acres of Sur. 55, Block 354.
said lands except surveys 19 and 20 in J reason of said assignments, platting |pat to E. L. Gage, Assee j»f J. S.
Block 10 and survey 555, in Block • nnd recording of same, defendants I Moore. Cert. 332—1003 acres. Said
G-2, is what is known as public; have cast a -loud upon the title of I jfyft acres being described as follows;
___, .. __ _ have cast a -loud upon the titfe
school land, and when sale was made 1 plaintiff. Wherefore pfr intiff prays
by the State all the minerals in said
lands were reserved to the State;
266 acres being described
Being a strip 319 vrs. wide and extend
the Court that the de fendants be 1 j^’g^R^rom the"center of theftrack
______ _____ _____ . „, cited to -answer herein as provided I x, < A Rv To 4788 vrs.
that on and before the 10th day of | by law. and that upon, f tearing herein I V; "• J, j ,ai/ «urvev Iving
March. 1919, all of said laods he said option contract „*■ lease, to-1 J”d..bciP«- a” .°!.^ld- TO 3- "8
longed to the defendant W. K. Ellis, j nether with all alignments and
hut since spid date they were con- plats thereunder be <£uicelled and an-
Southaot the G. H. & S. A.. Ry Co s.,
1 track.
vcyed by him tothe plaintiff; thsft no j nulled, and for all outlier and- further I 9- ^ur. 1. j-to„ 5°^
the 10th day of March. 1919 the de- -elief. special and goeeral. in law and I S'm^*r^"’r, ^1^40 acres
fendants W. K. Ellis and wife Drncie tn equity, that plaintxff may ihow her-1 R>[- C,,a. *0 David B Wil-
H- Ellis, made a certain pretended self entitled to and sh« will ever I 10 ^rfwond^Vnff anee^Tof
lease contract "with Alma Gardner, pray. ' r "A i R C^mnany Ce^* M7
Brinkley by^which it was attempted T.rr,m« r.., I C. ft M. R. K. Company, cert. 00/
to lfiase said lands for a term of. ten
years for the purpose of exploring for.
oil and gas; the consideration for
11/Sur. 1. Block 7. pat. to.Ovid
W. Conner. Assee. The Georgetown
skid lease was a cash payment of
$326.40 and ap agreement for a cer-
tain fixed royalty on any oil and gas
produced, with a provision that if no
drilling was commended on said lands
by the 10th day of March, ,1920, said
lease should terminate as to both
parties unless the lessee should pay
to lessors on or before said date the
sum of $326.40 which payment would
'extend the drilling period for another
twelve months; plaintiff alleges that
no efforts have been made to drill or
to explore for oil on said lands; tnaV
no payment was made nor tender
made of money to cover sections IV
and 27, and school sections 20 and .A
and by reason of such failure said
lease has terminated as to said tour
sections; that tenders were made of
the money to cover the remainder 01
the lands covered by said lease but on
account of the invalidity of the lease
as hereinafter set out and because
of the failure to begin operations for
oil within twelve months, said money
was refused and no payments have
h«en accepted for the second year
under said lease; that saidMease was
absolutely void as to all of the lands
included in said lease in which the
minerals were reserved to the Mate
of Texas because the defendants W.
K Ellis and wife had no right, title,
or interest -in said minerals and had 1
no right to sell, transfer , or traffic
in anv way with the said minerals pe.
longing to the State of Texas; that
the lease and all assignees under sainf
lease took the same with full know-
ledge that said lease could not legally
pass title to any of the minerals nt-
said lands; that’said lease m nr.
law which releases to the owners o*
manner complies with »he ores^»j
law-which releases to the owner <d
the soil 15-16 of the minerals in tRe-
public school lands in that the annual
rentals is only five cents per awt,
that is no provision for paying the
State of Texas the ten cents per acre
annually as provided by law and no
provisioh to pay the State of Texas
the rojrklty ** TWhr^y la^that
said tease and all rlgftH thereunder
were Assigned to the defendant G. 5.
Huling by the original lessee and by
vinous assignments in wnting tne
other defendants herein are claiming
an interest in said lease and are *s-
■ ■ ----Itind of title to the
pray.
HEREIN FAIL NOT. but bgye be-l^" “1
fore said Court <u» the said first day1
of the next ter<n thereof, this writ
with your return thereon, showing I r'r- Co Cert. 113—640 acres,
how you have executed the same. I \2 ‘ The North-East one-fourth of
Witness: W.. "H. Lease. Clerk of|sur. 37, Block 354. pat. to E. L. Gage
the District Co>irt of Brewster Coun-I Assee of T. L. Cook. Cert. 1002. for
tv. Texas. j
Given under • iy hand and the seal
1280 acres. . „
13. The North one-half of Sur^ 39
of said Court. 5*n the town of Amine, | Block 354. oat. to F.. L. Gage. Assee of
this the 8th. dai*v of July. A. D. 1920.
(Seal) _ W. H. Lease. Clerk
©f the Distmt t Court of Brewster
County. Sta te of Trttai.
Issued this 8th day of July. A. D.
1920.
W. H. Lease. Clerk
I. H. Handtv. Cert. 1845. for 1080 acres
14. Sur. 3, Bolek 319—nat. to E. L
Gage. A'rse* **f G. C. ft S. F.-Ry Co
Cert. 3401, 640 acr««.
That the suit is brought agains'
the defendants, for the purpose oj
perfecting plaintiff s title to said land
of the Dis trict Court of Brewster Iu being owned by plaintiffs in thefol-
Countv. Tegas. * ---------'-----c r-—t..
By M. JV* Burke. Deputy.
28-4t
Ch.-ATION BY PUBLICATION
THE STATE OF TEXAS
lowing proportions, viz: D. S. Combs
owns an undivided two-fifths of said
land, and each of Guy S. Combs, Mrs
Lila C. Matthews and Mrs. Nora C
McGehee. an undivided one-fifth.
That thev are in the exclusive pos-
session Of all of said Surveys, and do
T» the Sheriff or any Constable I not admit any title in the defendants,
r tv--------- ------- ~—*■-- »or either of them. That the plain-
tiffs plead the statute of limitation of
of ftrewster County—Greeting.
You
su.m^onaSav?"BbVil°so™andedEzM I jve Ve*w. »* w“^^inVf'amr
Woodruff, and the unknown heirs pf | I'mitationoft en y P
said Wilson and said Woodruff; A. E.I■« de-
Shepard,
ard
Wilson and said Woodruff; A. £.1 The de-
us a
T^UUlhi.**^? 'IS&t *»<! «•' «*"«*'
Cook, and the unknown heirs of each I *P*C'*J NOT but have be-
of them; Rufus Thompson and! HEREIN FAIL NtJIout nave uc
Thompson
Snsana C. Thompson, and the un-,----. ..... ...
known heirs of each of them; Robert I rejpilar term, this
fore said
Court, at its aforesaid
- ’ writ with .your
Syiorr; and°* his unknown heiw I return thereon., showing how yon
James Benny, and his unknown heirs;I hVivi?lFlTNDER MY HAND and
Rosillo Land & Cattle Company. GIVEN «NDER “Y
this the 9 day of July
■ if not. a partnership, and its
Rosillo
a corporation
r if not, a defur
«r if not, a partnership, an
known successors, and assigns and
stock-hblders or trustees, their suc-
cessors and assii
andtheir heirs; *
Bank of Texas, Limited, its succes-
sors and assigns; C. H. Larkin, his
unknown heirs and legal representa>
tives; E. L. Gage, and his unknown
|9I
‘ * A fSea,|V#" • W. H. Lease. Clerk
District* Conrt. Brewster County.
~ ~ ‘ “ 28-4t
igns; M. ft S. Halff,|By M* s* Burke. Deputy,
the Und Mortgage | CITATION BY PUBLICATION
THE STATE OF TEXAS
To the Sheriff or any Constable
heirs; Mrs. Ree C. Huston and R. N. I of Brewster Coqnty—Greeting.
Huston, her husband, and their un-1 You are hereby commanded tr
known heirs; W. B. Pulliam, and his I mmmon J. R. Alford, J. V. McC^v—• -
unknown heirs; Presidio Live Stockl '» ’ * ~
Company, a corporation, or a defunct I tion o^ thh CilMion ,o"-e in **',cE
corporation, ita unknown sneessors, I week for four consecutive wei*
assigns, trustees or stock-holders; C.I previous to the return dav hereo-
R. Mower, Trustee, his successors I in some newspaper published in you'
serting some nna oi *me to ««* and his ttpknown heirs; C H. Silliman I County, if there he a new-"-
mineral in said lands by reason of j Trustee, his successors and his un-1 published therein, but if not, then 1n
*aid lease; that said lease and the known heirs; Martin L. Herr, and his I a newspaper in the nearest County
claims of said parties thereunder cm- unknown heirs; Samuel R. McKelvey,I where a newspaper is published; to
stitute a cloud upon the title to plain- -*• ■ ~ ~
tiffs lands and upon his right andtiUe
to the minerals thereon, and greatly
depreciate the marketable, value them
of. Plaintiff prays for a eaueeBation
of said lease and that the cloud b«
removed from the title to the said
lands and to the minerals thereon
and for general and speoal relief.
HEREIN FAIL NOT, hut have be-
fore said Court, at its aforesaid next
regular term, this writ with Tour
return thereon, showing how vOU
h*WITNESs!dWheH*'tIease. Oerk of
of said Court, at
Texas this the 8th
W
ir hand and tne aeai
it office ^in Alpine,
ih day of July 1920.
. H. Lease, Clerk
Court, Brewster ^County.
Texas tm
Spk
By M. S. Burke, Deputy.
CltABpWffY PUBllf^
i THH3TATB OF TEXAS
• To* the Sheriff or, .-*v
°f Brewster
You are hereby commanded to sum-
mon J. H. .Derrick. W. A. J
Jr.. Andrew DtannmondJV.
son. I. E. Boggart. R M.
and
lion
rims uT ti«' rrtnrh^dair k
H>«e newspaper published
I Of this citato
F>fhur
MPPWMff I
r successive
1
Sfe
-V ^
-SJ iik
lent regular term of the Dis-
Court of Brewster Counts, to
Men al the Cohrt House theee-
16th day Of August. 1920.
the neat
trict
be hotdeu
and them to inswur a
laid Court on the 1
rJVifcr^
Laura Bain, a team
STl.'S'Derrick.
kusscii aa ms unxnown neirs, oy ■ tv, to be noiaen at me v-oun
making publication of this Citation I thereof, in Alpine, Texas, on the third
once in each week for^^four successive I Monday m August 1920, the same he-
weeks previous to the return day I ing the 16th day of August 1920. then
hereof, in some newspaper published I and there to answer a petition filed
m your County, if there be a news-1 in said Court on the 10 day of Jnly
■ as ^vaaa wn tuviv urn. us mwwu h ||| sriu
paper published therein, but if not, 11920. in a suit >■»••»»» ....
then in any newspaper published in I docket of said Court No. 961, wherein
the 63rd. Judicial District: but if I A. H. Jones and wife Bertie Jqpes
newspaper is published to appear at
the next regular term of the Brew-
ster Court of Brewster County, to be
holdcn at the Court House thereof, in
Alpine, Texas, on the third Monday
in August 1920, A. D. 1920, the same
being the 16th day of August. A. D
1920, then and there to answrer a
petition filed in said Court on the
10th day of July 1920, in a suit num
bered on the docke of said Court
No. 960. wherein T. M. Shely and wife
Esther Shely. are Plaintiffs, and the
Mid-Texas Oil & Refining Company,
a corporation, is Defendant, and said
petition alleging in spbstance: That
the plaintiffs own in fee simple the
following described real estate situ-
ated in Brewster County. Texas.
Cert. 255. Survey 30, Block G
Grantee M. K. & T. E. Rv Co., 640
acres.
Cect. 247, Survey S. '/• 14, Block 2.
Grantee M. K. ft T. E. Ry. Co. 320
acres.
Cert. 246, Survey V.'/j 12. Block 2.
Grantee M. K. & T. E. Rv. Co.. 320
acres.
Cert. 95. Survey 2. Block 2. Grantee
Jno..Donigan. 640 acres.
Cert. 27, Survey 1154, Block 2
Grantee M. K. ft T. E. Ry. Co.. 64(
acres.
Cert. 261. Survey 48. Block 2
Grantee M. K. & T. K. Ry. Co., 641
acres.
Cert. 413, Survev 24, Block ^44
Grantee T ft. S. T. L. Ry. Co: 640
acres.
Cert. 234, Survey 168. Block G
Grantee M K. & T. K. Ry. Co. 640
acres. ...
Cert. 244, Survey 8. Block G
Grantee M. K. & T. E. Ry. Co. 640
acres.
Cert. 252. . Survey
Grantee M. K. & T.
acres.
Cert. 263. Survey
Grantee M. K- & T.
acres. . _
Cert. 243. Survey 6. Block G
Grantee M. K. ft T. E. Ry. Co. 64<
acres. _ .....
Cert. 26. Survey 152. Block (>
Grantee M. K. ft T. E. Ry. Co. 64(
acres.
Cert. 31. Survey ,4. Block 353
Grantee W. W. Mitchell 1280 acres
Cert. 262. Survey EV* 44. Block G
Grantee M. K. ft T. E. Ry. Co., 320
acres. ’ .
Cert. 1200. Survev 188. Block C,
Grantee G. C. S. D. & R. G. N Ry <
160 acre's.
Cert. 265. Survey 50. Block G
Grantee M. K. & T. E. Ry. Co., 64<
Cert. 262. Survey W'A 44. Block G
Grantee M. K. & T. E. K? Co. 320
acres. , . .
Containing 10.400 acres of land
that on the 7th ray of February 1919
the plaintiffs entered into an oil anil
gas lease contract with Alma Gardner
Brinkley by which the plaintiffs un-
dertook to lease said lands for the
sole purpose of drilling and exploring
for oil and gas for a period of ten
years; that said lands of plaintiffs are
what is known as public fee school
lands and when same were sold by
the State, the minerals in and upon
said lands were reserved and the
plaintiff at' the date of said lease did
not own said minerals and had no
_*-*-■» a eaol lanrlc fnf
24. Block
E. Ry. Co.
46. Block
E. Ry. Co.
ck lor
umr consecutive weeks previous to
the return they her cut, iu mine news
paper published in your County, if
there l>e a newspapei published more
oi, hut it not, then in the nearest
County where a newspaper is pub-
lished, to l>e and appear at the next
regular teini of the District Court ol
Brewster l oiintv, to he holdcn at the
Court (louse thereof, in Alpine, Tex-
as, on the 6th Monday after the
1st Monday in July, ldio. the same
’ll.
1920, then and thcic to answer a peti-
tion tiled in said Court on the 12th
July, A. 1). 1920 in a suit.
I nuiuhei;eu oil the do. xet oi >.,m ton..
.No. 9t>2. wherein J. !■ tsknuicr i
I i‘lai(ititl, and I-' ai. \S iseley am
I James t>. Brayton are Detemlaiits
j and said petition alleging
! nil-: .si'Air ot Ti-..\a.*>
I COUNTY OF BRi-.WM I’.K.
I lii’ the District Con it ot Brewstei
j C'ounty, Texas, August Term, ll>2tl.
To tlie llonorahle loveph Jones
uy pc. a...lion, payone ........- : u, sai(t Com! :
advance until a well was cofti- ■ • rollMS skinner . hereinattei
or gas was found ou the said land u
paying giiaintities.
That the said lease was t ansferree
by the said Frank Leslt on the 28tl.
day of December, 1918 to A. B
BCn....,, ..... Ik- ... w.,iTVxiie A
agreed to carry on the provisions ot
said lease. That the said ’A B
Bemcnt was aware at the condition?. ( (ja
and circumstances under which tin ■
.right to lease said lands for oil and
gas purposes and the attempt to do
so and the lease so made were void:
that if anv of said lands were sole'
• ..a — • a mm I •uawrirn linn AIM*
same
that said lease void as to all of said
lands because it undertook to and did
include in one instrument, for one
consideration, lands in which plain
tiffs had no legal right to make an
oil lea*e upon with other lands, an«*
being inseparable was void as
^Plaintiffs tender to the defendant
the money received for the second
year under said lease. The prayer is
for a cancellation of said lease and
to remove cloud from the title to
olaintiffs mineral rights in said lands
it being alleged that the defendant
is the sole owner and claimant under
said lease.
HEREIN FAIL NOT. hut have be-
fore said Court, at its aforesaid next
regular term, this writ with your
rttu*" thereon showing In " v*1'
there be no newspaper pul
said Judicial District, then in a news
ibiished
...____________ _____ Jqpes
are Plaintiffs and j. R- Alford, T- E.
fend-
. McCoy and B. T. Van Camp Defend-
paper published in the nearest Dis-1 ants, and said petition . aneg-
trict to said 63rd. Judicial District, to I ing in substance that the plaintiffs
own and did so own in fee simple
on the 8th day of March 1919, the
following described lands, situated in
Brewster, County. Texas, to-wit:
Abstract 6615, Cert. 870: Sur . 8.
itison. C. H. Cochran
appear at the next regular_term __
the District Court of Brewster Coun-
ty, to be holden at the Court House
thereof, in the City of Alpine, Texas,
on the 6th Monday. after the first
Monday in July. A. D. 192R, the same]
being the 16th' day of August A. D. | Block 328.
IML then and there to answer
petition filed in said Court on
day of fn|y A. D. 1920 in'
inmbered oh the docket of said Court
(Jo 958 * ‘ft ~ ^ ^ "
the 9th J Grant!
a' suit, I Block
i Conrt I Abst
A. D. 1928 in a shite
numbered on t
Na KB wherein D. S. Combs; Guy S. I Grant
Comh*: Mrs. Lila C Matthews, and (Block
. L Matthews, her husband; Nora
acres.
. Ce
Cert. S37. Survey 2.
bison, C. H. Cochran
•crca.
. Cert. 179. Sur. E. Vi 6.
Roberts. C H. Cochran,
----acres; , .
And On said date they entered into
afed -Eara Woodruff and the
m heirs of said Wil
llson and
husband, are PutiiHgs, and Daria | Alma Gardner Bvinblev by which
ik to lease to the said
lands for the sole pur-
and mining for oil and
he date of said lease
Texas owaed the min-
lands and the plaintiffs
r,to lease the same; that
ts Hahn some rights as
er said base; that said
and constitutes a cloud
I title to the minerals
mwla^M^h ahwM AA
WmWm HvW tlulQ
Rljsrt.-ig as
i unknown heirs; li
Cattle Company, cither
duly incorporated, oi
lm*L•‘•nwfhrio". or
aership. and its onkm
•Was'
i- - of
and hie
and
Lnad ft
a corporation
H not, a ‘
nrayer
lease
dead
and Its unknown
if hut. a part-
iss^ssn i
of the present taw. The
for a cancellation of said
for the removal of the
cloud drone, the title of tbn plaintiff*
to the minerals in eald lands, all of
which is faiv set forth in yduintiffs
titlon filed in said cause.
FAIL NOT. hut have he.
aforesaid next
rit with your
how vuu
SB®
have executed the same.
WITNESS. W. H. Lease. Clerk of
the District Court of Brewster County
Given under my hand and the Seal
of said Court, at office in Alpine.
Texas, this the 10th dav of Julv 1920.
(Seal) W. H. Lease. Clerk
District Court, Brewster County.
By M. S. Burke. Deputy. 28-4t
* CITATION BY PUBLICATION
THE STATE OF TEXAS
To the Sheriff or any Constable of
Brewster County—Greeting;
You are hereby commanded to
summon Frank Lesh and A. B.
Bement by making publication of this
Citation once in each week, for four
consecutive weeks previous to the
return day hereof, in some newspaper
published in v°u County, if there he
a newspaper published therein, but
if not. then in any newspaper pub-
lished in the 63rd. Judicial District,
hut if there be no newspaper pub-
lished ip said Judicial District, then
in • newspaper published in the near-
est Dstrict to said 63rd. Judicial Dis-
trict, to appear at the next regular
term of the District Court of Brew-
ser County, to he holden at the Court
House thereof, in Alpine. Texas, on
the 6th Monday after 1st Monday in
July, 1920. the same being the 16th
day of August A. D. 1920, then and
there to answer e petition filed »n
said Conrt on the 9th day of July.
A. D. 1908. in a suit, numbered on the
docket of said Conrt No. 956. wherein
laekson ft S. D. Harmon, are
ffs and Frank Lesh and A. B.
Bement are Defendants, and said
petition a tidying that the plaintiffs
did on the 16th day of December. 1918
enter Into what was called an Oil and
Gna Lease with the defendant Frank
Lesh. without the payment to them
of any consideration, valuable or,
the port of the said
purpoec of the said lease were
sai^ lease had h«*cn ’ procured Iron
the plaintiffs. The said lease nro
vided that the said defendant Lesf
or his assignee should begin opera
tions for the drilling of a well uoor
the sai<! described premises within
six (6) months from the Kith, day o
December. 1918 or in the alternative
lie should |>a\ the plaintiffs the sum
of $128.00 per annum, payable quarter
ly
mcneed. That the said defendants, nor
neither of them, have ever complied
with the stipulations provided lor in
said lease. That the said defendant-
nor neither of tliety. have ever at
anv time begun operations or ever
drilled any well upon the said
premises up to date of the tiling of
this nctition. neither, upon the other
hand, have they or either one <>f them
paid to the plaintiffs the said sum
of money as provided therein. pa\
able quarterly in advance.’or any part
of the same, and that bv reason o
such a failure the pUiiURis represent
that the said Lease Uonlraet has m>\
become inoperative and void and o'
no further force and etVer'
The plaintiffs plead that the s:rfd
contract is void ;>ttd oi no further
force and effect l>v reason of the
failure of consideration in the exeett
tion ami delivery of the said Lease-
Contract
The plaintiffs pray for judgment ot
cancellation of said lease-contract
by a judgment" of the District Court,
aitd that the same may he null amt
void forever, and for general ami
special relief and for judgment for
costs.
HEREIN FAIL NO I. hut have he- i
lore said Court, at Its aforesaid next
regular term, this writ with > "tm j
return thereon, sliowing how you t
have executed the same. . I
WTTNFSS. W. II. Lease, Clerk of j
the District Court of Brewster ( minty
(oven under my baud and the Seal
of said Court, at office in Alpine.
Texas, this the 9th. day of July A
(Seal) W. II. Lease Clerk i
District Court. Brewster (ouut>
By M. S. Burke. Deputy. 28-41 |
CITATION BY PUBLICATION
the state of tkxas
To the Sheriff or any Constable of
Brewster County--Greeting • |
Yoti are hereby commanded to,
summon G. G Brinton. George Stock j
C. C. (luthier. J T. Urban, Peter .Mot |
gan. Hal A Stcffcy. the I tlvllie Belle
Petroleum Company, a corporation,
Mrs Max, MauScr. I F MeUoath.
William Leonard. Joseph Matthevvs
Mrs. P. R Brown. Mr
Aniell:
StetTev. <
Raugltn. Walter Beek.O. C
M Potter, J. I>. •Rthison. S. L. Cartel
T I Jackson. Miss Marion Jackson
.......■ B. Steffy. W
J. E.
styled Plaintiff, a resident of Brew
ster County, Texas, complaining o
F. M. Wiscicy and James I). Brayton
hereinafter styled Defendants, whose
residence anil the residence of eacl
of them is unknown to Plaintiff, and
lor cause of action Plaintiff respect
fully represents:
11) That lie is the owner and it
possession of the iands hereinafter
described, owning and claiming the
.-.ante and asserting title thereto ir
fee simple; said land being situatei
in Brewster County, I'exas, and de-
scribed as follows, to-wit:
Section 29, Block 3, Grantee (■. C
it S F. Ry Co . f>4() acre's.
Seel ton 31, Block 3, (irantcc (,. k
et S. I-'. Ry Co, 640 acres.
Section 32. Block 3, Grantee G. C
et S. !•'. Ry Co., 04<) acres.
See lion 33. Block .>. Grantee ti. C
S- I*'. Ry Co.. 040 ae*res.
That heretofore, to wit: e>n eu
about the loth day of January. PM$
Plaintiff, as Lessen-, made, executed
ailel elelivereel tei the I lelcllelants, as
Lessee, an oil attel gas lease e>r e>p-
tietn eeuitraet eeivering the above
described lattel; save and except that
in said “lease the lanel was not ele
seribeel as being situated in any State
or County; the purpeise e>f said lease
being for the drilling, operating for
development and receiving petroleum
naptha, natural gas, ashplialtum and
other kindred substances, and was
for a period of twenty years or as
long thereafter as such minerals were
produced in paying quantities. That
tlu* consideration for said lease was
recited as $10.00 paid, and the further
consideration that development ou
said lands for the above named pur-
poses would he begun tlicrm^within
a period of three months from the
date thereof. That said oil and gas
lease was thereafter duly re-corded in
Volume 37. Page 234. in B<v Deed Re-
cords of Brewster County, Texas.
(31 Plaintiff says that the De-
fendants represent' d that they we*re*
the owners of eon derablc acreage
and were acquiring oil and gas lease
contracts on large blocks of laud ad-
jacent to the lands owned and leased
to them by Plaintiff; that they were
representing large oil interests and
that they would immediately begin
drilling test wells on said acreage;
hat said representations were made
for the purpose of inducing Plaintiff
to make and execute* the aforesaid
lease contract; that said representa-
tion was the- consideration whielt
Boone^Hal A.' Easley Mrs Hal A
Stcffcy bv making publication ol tins.....................
Citation once in each week for *">»' induced Plaintiff to execute said oil
consecutive weeks previous to the re , a))1| Kas p ;isc. and upon which be
turn dav hereof, in some newspaper j ar(0J| al„| r,.Jie.|; that said repre-
published ih your ('minty, if there l>e st-uta|i|>n xvas (ajs,. n,| fraudulently
:» newsoaner published therein, but it : ......u. and were* known to be false*
a newspaper published
not, then in the nearest
county
made, and were
when made; Plaintiff
further says
here a newspaper is published; I t|)at the consideration of $10.00 re-
appear at the next regular term <>f
the District Court of Brewster Coun-
ty to be holden at the Court Hottsy
thereof, in Alpine. Texas, on the third
Monday in August. 1920. the same
being the 16th day of August. 19-0.
then and there to answer a petition
filed in said Court on the 9th day of
Tu1v P>20 in a suit numbered on the
docket of said Court No. 957. where...
\V T Bttrnam and Mrs. Desste I*erol
Burnam are Plaintiffs, and G. G.
Brinton, George Stock, (.. I Outhte r,
I T Urban, -Fetor Morgan, Hal A.
Stcffcy. the Edythe Belle Petroleum
Company, a corporation Mrs. Mxy
Hauser. L. F McGrath. William
Lenoard. Joseph Matthews, Mrs. I
R. Brown. Mrs. Amelia
Walter Beck. O C. Steffev. C. M
Potter. J. D. Rihison. Sj L. Carter, I.
I Jackson. Miss Marion laekson, I
K. Reid. Claude B. Steffev W. 7.
Boone. Hal A. Easley, and Mrs. Il.<
A"-Stcffcy are Defendant s and said
that
fol-
petition alleging in substance
plaintiff owns in fee simple the
lowing lands situated in Brewster
fSSkTS.*W ». Cert SO-742J.
Grantee H. A T. C. Rv. Co. 641 acres
Survey 8, Block G 4. (. crt. 332%
Grantee D A* W. Ry Co.. 431^ acres
Survey Work f.crt. »
Grantee D A W. Ry « <;.
Survey 40. Rlock G 4. Cert 348.
Grantee D. 8t W Ry. Co 704!/, acres
And he sues to cancel an oil an l
gas lease on said lands dated March
21st. 1919. made by
cited as paid in the above described
oil b ase failed in whole and ill part,
in that said consideration was never
paid and that the further considera-
tion hereinbefore mentioned wholly
failed, ill that no operation for the
purposes he*re-inbeforc mentioned was
ever attempted, begun or performed.
(4) Plaintiff says that the afore-
said lease is null and void and of
no further force and effect, for the
reason that the description of the
laud and premises iu said tease is
wholly defective, in that same is not
set out as being situated in any State
or County, and for .the further rea-
son that the considerations for the
. x ecu tion of said lease have wholly
failed, in that the cash consideration
recited was not paid ami the further
consideration, the development of
said laud, as aforesaid, has never
been begun thereon.
(5) Plaintiff alleges that by rca-
tt) ml and gas lease or op
tion contract a cloud has been cast
upon his title to the aforesaid lands,
which if not rertiovcd therefrom will
greatly injure* and damage Plaintiff.
WHEREAS, premises considered,
Plaintiff prays that the Defendants
he cited, by publication, to answer
this Petition, as is by law provided
for. that upon final hearing hereof
Plaintiff haVe judgment cancelling
and declaring an nuH and no^I an I of
no further force and effect the above
described oil and gas lease or option
contract, and that the cloud on Plain-
tiff’s title to said land he forever
Woods, and to remove the cloud from rfmovcd therefrom and Plaintiff's
the title to said lands ami the mm- jn am| fo san„. (M. confirmed in
eral rights thereto by virtue of saiil hi(n al|), ,||nt Defendants he
lease. The grounds of cancellation |bvo„tC€| ,,f aj| rights, title, interest
are that at the time the lessee was
State of Texas owned the
n mid land and the lease
made the
minerals
or equity arising hi liter favor by
virtue of said lease or option contract
and for such other and further relief.
as to said minerals was vf.id: a'^ f Hpecial and general, in Kiw or equity
•t4i,*iiici> urwtrr the tCfHIof Haicl J i,.. »,»K** incilv
okrttof S&Sm B&
ir County. The nurnose o
zhSL ***> f .%«■, ;
because under the terms
lease the lessee obligated himself t<*
drill for oil on said lands within three
months from the date of- said lease
which he failed to do. no wells having
been drilled or started on said lands
or in the neighborhood of said l»nds
up to the filing of this suit. Plaintiffs
also allege that the renewal payments
were not made within a year under
said lease which were required to
keep it in force and for aU these
reasons said lease is void and of no
further effect;.that the defendants
claim some right under, said lease as
assignees thereof.
HEREIN FAIL NOT. but have be-
fore said Court, at its aforesaid nexi
regular tefm. this writ with your
return thereon showing how you
have executed the same.
to which he may he justly entitled
HEREIN FAIL NOT. but have be-
fore said Court, at its aforesaid next
regular term, this Writ with your
return thtyeon showing how you
have executed ihe same
WITNESS. W. H Lease. Clerk, of
the District Court of Brewster County.
Given under my hand and the Seal
of said Court, at office in Alpine,
Texas, this the 12th day of July, A.
D. 1920.
(Seal) W. H. Lease. Clerk
District Court. Brewster County.
By M S. Burke, Deputy. 28-5t.
CITATION BY PUBLICATION
WITNESS. W If Lease. Clerk, of
(he District Court of Brewtser County.
Given under ni\- hand and the Seal
of said Court, at office in Alpine.
Texas, this the 9th dav of Julv 1920.
W. H Lease. Clerk
District Court. Brewster County.
By M. S. Burke, Deputy. 28-4t
To the Sheriff or any Constable of
Brewster County—Greeting :
You aie hereby commanded to
summon C. K Shelton hy making
publication of this Citation once in
each week for fuor successive weeks
previous to the return day thereof, in
some newspaper published in your
j County, if there he a newspaper pub-
j lished therein, hut if not, then in any
loth eiay ot August. 1920, in then and
there to answe-r a petition filed
sale! ~Court on the !2lh day of
A. D. 1920, iu a suit numbered %J
the docket of said Court, wherein W.
O.^jGruhh is plaintiff ami C. K. Shelton
is defendant, said petition alleging.
That therefore, town ; February 3,
1919, plaintiff anti defendant Shelton
executed sonic character of writing
iu substance to the effect that said
defendant Shelton was given an op-
tion to prospect, exploit anti drill for
oil and gas e>n Next ion 236, Block 10,
G. II & A. Ry. C°. original grantee
in Brewster County, Texas, iu con-
sideration t>i Five Dollars l$5.U0), for
;e period of six months, and that if
no operations, elriliing or exploiting
io develop ol ami gas were begun on
said land during said six moi ths, then
on August 3rd. 1919, defendant Shel-
ton was to pay plaintiff ten cents per
acre tor an extension of said option
covering said land for a further
period ot twelve- months beginning
August 3, 19|9( and further providing
that after the expiration of sai^.,12
months defendant could either elrill
for oil anil gas or pay a like ten
cents per acre each year thereafter
for further extensions of sid option,
ot; drill for oil and gas, but that dc-
endant did not agicc to do either,
but one or the other.
Plaintiff alleges that numerous as-
signments undei’ said original option
or lease* have been tirade by elcfcml-
ant Shelton to all or parts of sail
land, and that bis title ha. been
clouded by reason of the record of
said original lease and assignments.
Plaintiff further alleges that said
orginal lease contract was ami is
void for want of consideration, that
t<> consideration was paid whatever
for the oil and gas rights in and io
said land, ami that said five elollars
for the original first six months and
ill subsequent payments were fe>r op-
tions only to exploit said land and
nothing whatever was paid for the
oil rights in ami to said lanel. Plain-
tiff says that the real consideration
in said original contract ami all as-
signments thereunder was the deve-
lopment and exploitation of said lanel
for oil and gas. but that no act of
development or exploitation toward
said end lias ever been done by ele-
femlant Shelton or any assignee mi-
ter him or otherwise, wherefore the
consideration has wholly failed and
plaintiff further states that said Shel-
ton did not intend, nor any assignee
unde/ him. to develop said land, hut
inly intended to and did assign
same.
Plaintiff says that said lease is
ecorcdcd in volume No. I. page 40-41.
Kee'oiel of Contracts of Brewster
founty. Texas, to which record re-
ference is here made anil notice is
here given to defendant to produce
said original lease and any assign-
ments thereunder at the trial of this
nuse. otherwise secondary evidence
will he introduced to prove same.
Plaintiff further states that the rcsi-
ilence* of said defemlant Sliotlo-.i or ‘
ni\ assignee ;n !«-r bin* is unkm-evi
[ ’ • plaintiff.
Wherefore plaintiff prays that de-
fendant Iu* cited according to law ami
that upon final hearing hereof he
have judgment cancelling and annull-
ing said original lease contract and
ill assignments thereunder, ami quiet
ing the* title to said land attel remov-
ing the cloud therefrom, and for all
other and further relief, both special
ami general, in law and in equity
that he mav show himself entitled to
and lie will ever pray.
Herein fail not. hut have you be-
fore said Court oil the said first
day of tin* next term thereof, this
writ, wit it your return thereon, show-
ing how you leave- exe*e*ute*d tile* same*.
WIT NASS. VY H. Lease. Clerk, of
the District Court of Brewtser County.
Given under my hand and the* Seal
>f said Court, in the* city of Alpine,
Texas, this the 12tli elay of July. A.
D. 19211 ,
(Seal) \V II Lease. ( lerk
of the* District Court in and for Brew-
ster County.* Texas.
Issued this 12tli day of July. A. D.
1920 .. ,
W II Lease*. 4 lerk
of-the District Court Brewster
County. Texas.
By M S Burke. Deputy. 28 5t.
TAKE NOTICE
Automobile owners who have
not paid the licettse for 1920
should come forward anti settle
up at once. This license is past
due and those who arc in arrears
luust meet this obligation prompt
ly or suffer the penalty of prose-
rution.
Please keep your 1920 seals at-
tached to the front part of your
car where it can he easily seen.
K. F.. TOWNSFNf).
Sheriff and Tax Collector.
NOTICE
Owing to the increased cost of
oil and labor we are forced to
raise the pric£ of ice as folows;
1 ton Imok $14.00. Required
to take a hundred pounds at a
time.
10001b, book $9.00. Required to
take 25|b or more at atiine.
500 lb hook $5.00. Nothing
less than ten pounds at a time.
All ice books are cash. Cus-
tomers desiring delivery must
secure coupon books.
ALPINE LIGHT & ICE CO.
9tf. J. D. Hix. Mgr.
Thar* to mm Catarrh la thto aaettam
of tha country than all othar toaaaaaa
put togathar, and for yaara It waa aup-
poaod to ba Incurable. Doctor* praoerlbad
local raaiadlaa, and by conatnntly tolling
to cur* with local treatment, pronoun**!
It inourabl*. Catarrh la a local !f «**a
groatly tnlhiancod by conatltutloaal con-
dition* nad therefore require* constitu-
tional treatment. Halt’* Catarrh Midi
da*, manufacture*! by F. 4. Cbaaap ft
Co.. Toledo. Ohio. I* a eonstttutlaaal
remedy, in taken Internally aad acta
thru the Blood on the Mucoiaa tor fa* to
*f the Byatraa On* Hundred Daton »p.
m
»iK
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Moyer, E. J. The Alpine Avalanche (Alpine, Tex.), Vol. 30, No. 33, Ed. 1 Thursday, August 12, 1920, newspaper, August 12, 1920; Alpine, Texas. (https://texashistory.unt.edu/ark:/67531/metapth803262/m1/3/?q=%22Texas+Normal+College%22: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Bryan Wildenthal Memorial Library (Archives of the Big Bend).