The Alpine Avalanche (Alpine, Tex.), Vol. 30, No. 33, Ed. 1 Thursday, August 12, 1920 Page: 4 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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Alpine, ittx1 lUi'ilf, I tii, 1920
CI IA IION lt\ PUBLICATION
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the District
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In '.i i] Monday
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■ t. A I) 1920
in I .1 pe I 11 loll
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l.'.nTHifl u •
1 .i is fully m- i / r 11 a r»«i
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n i . sit ii.it. il in |!r.-w-
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ami tear Iasi almv.
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hill il nil. I It •• ii in tin inaii'l (mill
t\ when- a ii. w | * a | > i i ii | > HI > I *' It«-11 Ii
In mill t>. ii|i|..-.ii at tin iii-xt irxiitm
ter in nt |ln- Distint (.nut •. t llrcw
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( lllllt I I.Mlse lit! Mill, til \ I f • 111, T.X
as, on (In- Mil M inlay alter (hr
I iily \ ' |«IJO. (hr
li'tli day <>f \nun'I
util (here t.> unswei
a 'in.I Court on tin
\ l> 192(1, in a suit
.' ilm l.i t of sail*
. in K* W Arnoli'
M Wisely am'
, an- I )e (cndailt*
llhtflUK
In is lhr i.yyuei and in
possession id the lands hrrrimrltrt
described, ..wiiini; and claiming (lie
same and usscriinu title thereto in
in fee simple ; said land bring situ
uled in Brewster County, Texas, anil
described as follows, tif wit •
Section 7o lilock .too e'ert, 34iM
first Monday m
same being ill.
A l» I'Cl l i h.-n
a petition liled in
l.lt Ii day i-t I ii|\ \
numhfml ..u tin-
Court No »Ki5, yx In-
is I *1 a a ii t rtt uiol I
lames 11 lit ,iy ton
and said |.s-1ill
(It I hat
X- S I ky. Co,
too t en
I Ky Co.,
firaotee (» C
uc»e«,
Section .14,
(•ranter (• ('
acres
Section 18, Itlock .100, Cert. 383
(•ranter T C By C«» t»40 acres
Section I'^ of 548, lilock — ('ert
MS. T (' Kv C... 320 acres
Section SC- o(.,K. lilock 111. Cerl
TH11, (iranter t. (’ X S I-' ky Co
3S* acre*.
That heretofore, to-wit : on
■limit the lKtb ilav of Imiimry
said lease is null and void and of no
further force and effect, for the era-
son dial the description of the land
and premises ill said lease Is wholly
defective, in that same is not set out
as bring situated in any State or
I minty, and for the further reason
that the considerations for the exe-
i ution of said lease have wholly fail-
ed. hi that (he cash consideration
rented was not paid and the further
< onsideration. the development of
said land, ax aforesaid, has never
hren begun thereon.
(5) Plaint ill alleges that by reason
of xanl oil and gas lease or option
toiitiaii a cloud has been cast upon
his tide to the aforesaid lands, which
if not removed therefrom, will great-
ly injure and damage Plaintiff
WHEREAS, premises considered.
Plaintiff prays that the Defendant*
he (tied, by publication, to answer
this Petition, a* is by lass provided
for, that upon filial hearing hereof
Plaintiff have judgment cancelling
and declaring as null and void and
oi no further force- and effect the
above described oil and gas lease
option contract, an dthat tin- cloud
on Plaintiff's title to said land be
foreve.* removed thciefrom and Plain
tilf's title hi and to satire be con-
tinued in linn and that the Defend-
ant* he divested of all rights, title
interest or equity arising in their
favor by virtue of said lease or op-
tion contract and for such other and
furttier relief, special and general, in
law or equity, to which he may he
justly entitled.
HEREIN I All. NOT. hut 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, W II l ease; Clerk of
tin District Court of Itrewslcr County.
11- x a s.
<«ivrn under my hand and the Seal
>f said Court, at office in Alpine, Tex-
ts. this the Mth day. of July A. D
1920
(Seal) W. If Lease. Clerk
District Court, Itrewsler ( minty
By Mautlir Holland. Deputy. 28-
Cll ATION BV PUBLICATION
HEREIN TAIL 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, W II Leave, Clerk m
the District Court n! Brewster (min-
ty, Texas
gins, Trinidad Bijil and
Oarcia. and thpy do not
whether said Defendants are living! hereof, in some new
are living or dead, and jf dead, they in your County, if there be • news-
who
Trinidad ; once in each week for four conseco-. Grantee G. C. & S. F. Ky. Co, 640
it know j tive weeks prevous to the return day*jscrea
* * ’ ' ‘ “ “ Block 4, Cert. 2667.
do not know who are the heirs or
legal representatives of the said T. C.
CarrolL deceased. VV J. Thomas, de-
ceased, V* tlliani Higgins, deceased,
tjlW.N UNDER MV HAND and j Trinidad Bijil, deceased, and Trinidad '
the Seat of said Coart, m office in Gracia, deceased, or what is the
Alpine, Texas, this the 26tli day
June, A. D., 1920.
(Seal) W. II LEASE. Clerk.
District Court, Brewster (
By Deputy M. S. Burke,
residence or domicile of such un-
known heirs or legal representatives.
Plaintiff alleges that lie is the
tiny. 1 own- r and in possesion, holding,
2<» Tt j claiming and asserting title thereto,
--! in fee simlpe, of the folowing de-
CITATION BV PUBLICATION i scribed land: Lots 7. 8 and a strip 7
■ i- varan wide off of the West side of
THE STATE OI- TEXAS j l-«»t No. 9, in Block 54, Lots 7 and 8
To the Sheriff or any Constable l'*“'h ,b*'1"k 20 vara* '»'«*« an'l a" «f
Brewster County,Greeting: I *a'‘l lots being 47 varas in depth;
Von are hereby commanded to sum-! i?,d Property bein* situated in the
moil John H. Johnson, Narali Atidcr-j ,,ow" of Alpine Brewster County,
son and Tom Parker, by making! ^*'**-'• . . ,
publication of this Citation once in I rlamntt alleges that he and those
mm SOW m IICWJ-
paper published thefaiu. bat if not,
then in the nearest Gtwny where a
newspaper is published to be and to
appear at the next regular |erm of
the District Courtwof Brewster Coun-
ty, to be holden at the Court House
thereof, in Alpine, Texas, on he 6th
Mouday after the 1st Monday in July,
A. D. 1920, the same being the 16th
day of August, A. D. 1920. then and
there to answer a petition hied in
said Court on the 13th. day of July,
A. D. 1920 in a suit, numbered on the
docket of said Court No. 966, wherein
John O. Wedin and Betty Wedin. Ed
Decie and Mary Decie are Plaintiffs,
and F. M. Wiselely and James D.
Brayton are Defendants, and said
petition alleging.
(1) That Plaintiffs, Ed Decie and
Mary Decie, are the owners and in
possession of the landa hereinafter
about the JOth day of lannary 101M IQtMf then
each week for four successive weeks 1 "mlcr whom he claims title have had _
previous to the return day hereof, | a,"l held peaceable adverse, and con- j described, owning an dclatming same
some llewpaprr published in your
‘ (2>
flP Jill
1018. Plaintiff a* Lessor, made, rxe
ruled and delivered to the Defend-
ants, a* Lessee, an oil ami gas lease
or option (outrad covering Ihe ahovr
described laud save mul except lh»t in
said leave the land wa* not deacribed
a* bring situated in any State or
Cmintv: the purpose of said lease
bring for thr drilling, operating for
development and receiving petroleum
nnnlha. natural gas, asphaltnm and
other kindred substance*, and wa* fo*
a period of five years or as long
thereafter a* *m h minerals were pro-
duced in paying quaintitie*. That
the mnsidriation for said !ca«r war
recited a« $10(81 paid, and thr fur
titer consideration that development
on said lands for the*above named
purposes would hr begun thereon
within a period of four months from
Ihe dale (hereof That said oil and
was lease was thereafter recorded in
Volume 37. Page 233. in the Deed Re-
cords of Brewster County, Texas.
A (3) Plaintiff savs that the Defend-
ants represented that they were (He
owners of considerable acreage and
Were acquiring oil and ga* lease con-
tract* on large block* of land ad-
jacent to thr land* 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;
that amid representation* were made
for the purpose of inducing Plaintiff
to malt* and execute the aforesaid
least contract; that aaid representa-
tion was the consideration which In*
dtreed Plaintiff to eaecnte said oil and
gas lea**, and upon which he acted
and relied: that aaid renresentation
wa* false and fraudulently made, and
were known to be false when so
made- Plaintiff further sacs that the
consideration of fid <10 recited a* ns id
*n the ahovr described oil lease (ailed
in wholr and in part, in that aaid roa.
*ider th»n was ***« r*aid and that
the further rnn»i<te*-ati»o hereinbe-
fore mentioned wholly failed, in that
no operation for the development of
said land* for the purposes herein-
before mentioned gras ever attempt-
ed. begun or Performed %
(4) Plaintiff says that the afore-
THE STATE OF TEXAS
To the Sheriff or any Const able of
Brewster < '.Minty—Greeting :
You are hereby eupnnanded to
summon C. K. Shelton hy making
publication of this Citation once
each week for four consecutive weeks
previous to the return day hereof, in
some newpaprr published, in your
< i.inilv, if there be a newspaper pub
lishcd therein, but if not, then in the
nearest County where a newspaper
is published to be and to appear at
the next regular term of thr District
Com l of Brewster County, to be
hidden at the Court House thereof, in
Alpine, Texas, oli the 6th Monday
ifler thr 1st Monday in July, A. I>.
192(1. Ihe same being the Ibtli day of
August, A D, 1920. then and there
tu answer a petition tiled in said
'.'ourt on the 26lh day of June. A. D.
920 in a suit, numbered nn the docket
>i >iiki Court 945, wherein J L.
-mhlrit is Plaintiff, and C. K. Shelton
s Defendant, and said petition ulleg-
ng that Plaintiff is thr owner of tlir
following described land, lying and
'icing situated in Brewster County.
Texas, holding and claiming the same
n fee simple :
Block 16, Certificate 1891, Section 6,
•ranter li. II. X S. A. Ry. t «». 640
• errs
Blin k 16. Certificate 1892. Section 7.
• ranter (» II X S. A. Ry. Co 640
teres
Block 16. Certificate 1891. Section 5.
•ranter Ii II X S A. Ry. to. (Jtl
ores
Block I. Certificate
•ranter It. II. It. X (
ores
Block I. Certifictae
•ranter It It II. & (
ores
That on oi about thr 4th day of
March. 1**14. plaintiff, a* Lessor,
-set tiled and drlivrrrd to I>efriid4nt,
is Lesser, a mineral oil anil gas
ease or option contract on the
ihovc drscrihnl lands, for the sole
'ltd only purpose of mining anil
•perilling oil and gas, laying pips
ines. building tanks, power houses
trticlurrs and stations thereon, to
•roduce, suvr anil take rare of all
uch products; aaiil lease bring re
onlrd in Volume 38, Page 168. Deed
trends oi Brewster County, Texas.
That said oil and ga* lease or option
onlracl was made to exist for prriod
d five yerx from the date thereof or
is tong thereafter as oil or gas or
itlier of them was produced from
aid land hy Lessre, defendant here-
it, and provided for the payment to
.essor, plaintiff herein, of the equal
me-eighth part of all nil produced
ir saved from said premises That
■aid oil and ga* lease or option con-
tact expressly stipulated and pro-
dded that if no well be commenced
>n said land on or before September
___, Section 14.
H R. Co.. 640
____ Section Hr,
R K Co.. 640
Septcml
termini
i, 1919, said lease should terminate
is to both parties, unless the Leasee,
■n or before that date, should pay or
rmler to l.essor. or tender to
'.essor'* credit in the First National
'dank at Alpine, Texas, the sum ot
10c per acre, payable semi-annually.
*l»icli payment should operate as a
ental and defer the privilege ot
'nnttnrneitig a wdl on said lands for
t period of twelve months, and in
ike manner and upon like payments
«r tender, the commencement of a
well roub! l*e further deferred for
'ikr neriods of the same number of
nontn* successively.
Plaintiff allege* that no well wa*
commenced on said land hv the
Defendant on or before September 3,
1919, or since said date, and that
neither before or on aaid date, or at
any lime thereafter, was payment
made or tendered to him. or to his
credit, in the First National Bank ol
A'pinc. Texas, in the sum of tOr per
arre or in any sum, for the purpose
of extending or deferring Ihe privi
lege and ontium to commence such
operations, froaa and after September
S. I9I«. as required of him the D*
fendant by aaid lease or option con-
tract.
Plaintiff alleges that said oil and
ga* leas* or Option contract cast*
a cloud upon the title tn Ms landa, as
hereinbefore described, ami unless
removed therIrons plaintiff wil he
Wifi l^FOKlJ"a tSSS?
at defendant bo .cite
I nod answer his
i»d upon final hearing that
have lodgment cancelling and
■ as null and void and of n»
(oeee and effect said oil am'
appear god answer fit” peti-
tion. and upon final bearing that
plaintiff hi
dedarim
further
gas leas* nr option matrart and all
instramenls relating thereto, which
rover the lauds above described, and
that plaintiff have judgment removing
said cloud from the title to plaintiff's
land* and confirming Plaintiff's title
in and to the same, and that Da-
fendaat he divested of aM right or
titlr arising In hi* favor by virtas
»*i said tea** or option motract
ITatntig prays for judgment for alt
coats of salt and for general and
special rebel
County to appear at the next regular
term of the District Court of Brew-
ster County, to he holden at the
Court House thereof, in the City of
Alpine. Texas, on the third Monday
in August, 1920, the same being the
16th day of August, 1920, then ami
there to answer a petition field in
said Court on the 18 day of August,
I9|g, in a suit numbered on the
docket of said Court No. 893, inherent
Mrs. G. 11. Winn is plaintiff, and John
fl. Anderson, Sarah Anderson and
Toni Parker are Defendant s, and said
petition alleging that defandant John
H. Anderson made, executed and de-
livered to one Mr*. M. Sherrill his
two certain premissory notes, said
notes being numbered 1 and 2, res-
pectively, No. I being for *$275, due
October 18th, 1918, Note Nd. 2 being
for $500.(8), due October 18th. 1919,
both hearing interest from date of
execution until paid at the rate of
H'/i per annum, payable semi annually,
and providing that in case default
he made in the payment of any in-
stallment of principal or interest on
either of said notes, both might, at
the option of the holder, he declared
due, and further providing that if de-
fault he made in the payment thcreoi
and same he placed in the hands oi
an attorney for collection, or if suit
he brought on the same, then the
additional amount <«f IO'/» on both
principal and interrst should become
due a* attorney’s fee, both of .ail
notes being payable at El Paso, iex
as, to the ordeT ot .aid Mis. M
Sherrill; that on the IXtn day of (K
tober, 1917, the defendant* John if
Anderson and Sarah Anderson ex-
ecuted and acknowledged a certain
deed of trust to the defendant Tom
Parker, trustee for tht use and belli:,
lit, and for the purpose of si'curir.;
thr prompt payment of said notes
interest and attorney's fee-, uni.
the payee therein on her order, said
deed of trust bring upon and against
the following described property, ly
ing and being situated ■■■ the County
of Brewster, Stale of Texas, lo-wit :
All of l ots 7 8 9 and 211, m Block
33;
All of Lots I, 2. 6, 7, II and 12
Block .14;
All of Lot II). in Block .8);
All of Lot* II and 12. in Block 29;
All of said lots and blocks being in .
the Anderson Addition to the town 1
of Marathon, Brewster County, Tex-
as, as shown on the map or plat oi
said Anderson Addition to the town
of Marathon, as recorded in the Beat
Estate Records of Itrrw.ter County.
Texas.
Plaintiff alleges (hat before tin
maturity of said notes or cither of
them, and before the maturity oi any
installment of interest thereon, in
due course of trade and for a vain
able consideration, plaintiff In-caim-
the owner of said note* ainfi i> now
the owner thereof; that no interest
principal having been paid thereon
she. after the maturity of Note No. I.
elected to and.did declare both of
saul notes and all interest thereon
due ami payable; and defendant John
II. Anderson having failed anil re-
fused to pay same or any part there-
of. she placed said notes in thediand*
of attoriicv* for collection, whereby
the 10% attorney's fees became due
and pas able. That defendant John
H. Anderson fails and refuses to
pay the principal, interest and at
torney’s fees or any part thereof to
plaintiff damage $H(N).Mt
Plaintiff asks judgment for her
debt, interest, attorney fees, costs
ami the foreclosure of said deed of
trust lien and the sale of the lauds
therein escribed and the application
of the proceeds to her debt, and for
general and special relief, both in law
and in equity.
HEREIN FAIL NOT. but have you
before said Court, al ils aforesaid
next regular term- this wriu will
your rctfirn thereon, showing how
yon have executed the same.
—Given under w>v bawd and—cal of
tinuous possession, under color of
title, from and under the State of
Texas, of said lands, for more than
three years prior to the commence-
ment of this action. That he and
those under whom he claims title
have had and held said land, claiming
the same under deed? duly recorded,
and have had peaceable, continuous
an adverse possession thereof; using
and enjoying the same and paying all
taxes due thereon, for more than five
years prior to the commencement of
and asserting title thereto in fee
simple, and Plaintiffs John O. Wedin
and wife. Betty Wedin. are the
owners and claiming an undivided
one-half interest in and to all the
mineral and mineral substances con-
tained in any of the hereinafter des-
and other mineral oil that may be
found in said lands': said interest
being reserved and retained in a deed
executed by the said John O. Wedin
and Betty Wedin conveying said
Section 63,
Grantee G. C.
acres.
Section 75, Block 300, Cert.
Grantee T. C. Ry. Co., 64ft acres.
(2) That heretofore, towit: on ot
& S. F. Ry. Co., 640
3404,
Plaintiffs as Lessor, made, executed
and delivered to the Defendants, as
Lessee, two separate oil and gas
Leases or option contracts, the one
covering the following described
lands in Brewster County, Texas.
Section 42, Block 4, Cert.. 2256,
Grantee T.CftLF. Ry. Co. 640 acres
Section 34, Block 4, Cert 725?,
Grantee J. W Beggs 640 acres.
Section 30, Block 4. Cert. »>Q.
Grantee J. W. Beggs 640 acres.
Section 22, Block 4. Cert 2246.
Grantee J. W. Beggs 640 acres.
Section 24. Block 4, Cert 2247
Grantee J. H. Anderson 640 acres
Section N-pt-25. Block 4. Cert
Grantee V C X L. F. Ry. C<x 155
acres.
and the second covering the follow-
ing described lands in'Brewstei "
ty, Texas.
Section 48, Block 4. Cert
Grantee J. O. Wedin 640 .acres'
breton 52. Block 4 '
said Brewster
pear at teh sea
District Court of
Texas, to be holden at th
house thereof in Alpine, Te
the 3rd. Monday m Aepnt, 1
same being the Mth day of
petition filed in said Coart on MM
14th day of July, 192ft in a aost naan-
bered 967 on the docket of said
Court, wherein W. O. Grubb in plain
tiff and Frank Lcslt. P. A Zasn. IL
Street, - Ol E.
F. Sherfesee, Hall P.
Criswell. Don B. I
W. G.
225ft
cribed lands; including petroleum oil Grantee jrfS. \Ved!,n 640 acres ta,n*"8 3840 acres^f land.
tliis action. Plaintiff alleges that he J lands to the said Ed Decie. which
and those under whom he claim* title deed is of record in Volume 35. Page
have had and held continuous, peace- 433, Deed Records of Brewtser Coun-
ful and adverse possession of the ty, Texas. The land which has herein
above described land, using an I «n- been referred to is situated in Brew-
joying the same for more than ten ster County. Texas, and is described
year* prior to the commencement af
this action.
Plaintiff alleges that the De-
fendants arc making some claim of
title, or interest in anil to the above
described land, which claim creates a
cloud upon Plaintiff's title thereto,
and which cloud, if not removed
there from, will cause Plaintiff great
injury and damage. Wherefore,
Plaintiff prays that the Defendants
as follows, to-wit:
Section 42, Block 4. Cert. 2256,
Grantee G. C. & S F. Ry. Co.. 64t)
acres.
Section .14.
Grintee G. G
acres.
Section 30.
Grantee G. C.
acres.
Section 22.
Grantee G. C.,ft S.
acres.
hereof that Plaintiff have judgment . Section 24. Block 4. Cert. 2247,
removing said cloud from liis title and Grantee t». U.
from said land, and that Plaintiff’s ac£es'
title in and to said land he confirmed.
elf for hy law, to appear and answer
tills Petition, and at the final hearing
Block 4. Cert. 2252,
& S. F. Ry. Co.. 681
Block 4. Cert. 2250.
& S. F. Ry. •£«>., b8)
Block 4. Cert.' 2246.
F. Ry. Co., 640
A S. F. Ry. Co.. 640
Section N-pt-25. Block 4, Cert 2248,
& S. F. Ry. Co. 155
and that the Defendants be divested* br^ttr, U C.
of all rights, title or interest in and to ac*M _ ,
-•.ill I'tiifl for costs of suit unit for Dfttion *”• Block 4, vlo.
„,|(I ••in'i. f t costs ot *„,t and lor (;ran|ee G c & s p Ry Co ^
acres.
general and special relief.
HEREIN FAIL NOT. but have you Section 52,
before said Court, at its aforesaid Grantee G. C.
next regular term, this writ, wi I acres.
V"r return thereon, showing howl Section 58.
ynii have executed the same. Grantee G. C.
Witness, W. II. Lease, Clerk of the acres.
District Court of Brewster County. ( Section 62.
Given under my hand and seal of Grantee G..C.
..aid Court, at office in the City of acres,
\lpinc, Texas, this the 30th day of Section 64.
luiie, A D. (.* ii
W. 11. Lease, Clerk,
District Court. Brewster t n
Texas. 27-41
Block 4. Cert. 2261.
& S. F. Ry. Co.. 640
Block ft Cert. 2264,
A S. F. Ry. Co.. 640
Block 4. Cert. 2266.
A S. F. Ry. Co.. 640
CITATION BV PUBLICATION
said Court, at office in the Citv of
Atnine. Texas, this 5th, day of July
|«M0 (Seal).
W. II. Lease. Clerk.
Di-triet CoAl. Brewster County
Texas._ _ 274t
CITATION BV PUBLICATION
THE STATE OF TEXAS
To the Sheriff or any ('unstably
Brewster Counly.Greeting:
Yon are hereby commanded to sum
■non T. C. Carroll and the unknown
heirs of T. C. Carroll, deceased. \V I
Thomas, and the unknown heirs of
W. J. Thomas, deceased. William llig
gins and the unknown heirs of Wil
liam Higgins, deceased, Trinidad
Bijil. and the unknown licir* of
Trinidad Hijit. deceased. Trinidad
Garcia, and the unknown heirs «»f
Trinidad tiarcia. deceased, by makiuir
publication of this Citation once in
each week 1or four consecutive wrek»
previous to the return day hereof. In
some newspaper published in your
ConnUL if there be a newspaper
published therein, hut If not. then in
the nearest County where a newt
paper is published to he ^nd to ap-
pear at the naet regular term of the
District Court of Brewster County,
to he holden fit th* Court House
i Alpint. Texas, on the 6th
after th* 1st Mouday in
th* 16th
Block 4. Cert. 2267.
j Grantee G. C. A S. F. Ry. Co., 640
{ acres.
Section N;8 Block 31ft Cert. 3403.
i Grantee G. C. A S. F. Ry Co. 320
( acres.
j Section 16. Block 30ft Cert. 1-9.
............ : Grantee G. C. A S. F. Ry. Co., 640
I HE STATE OF TEXAS ! acres.
I o the Sheriff or any Constable of; Section 47. Block 4. Cert. 2259.
•rewster ( ounty—(•reeling; | Grantee G. C. A S. F. Ry. Co., 640
* l,«i are hereby commanded to acres. -
summon E. M Wiseley and James D ! Cection 49, Block ft Cert. 2260.
I.aryton whose residence and the Grantee G. C. A S. F. Ry. Co., 640
rr-metier of each •>{ them is unknown acres.
hy making publication of this Citation Section 59. Block 4. Cert. 2265,
Secton 58, Block 4, Cert 2264
Grantee J. O. Wedin 640 acres ’
Sec tun 62. Block 4 Cert -m
Grantee J. O Wedin 640 acres
Section 64. Block 4 CerE ?xt
Grantee J O Wedin 640 acref ***’
Section NH 8. Block 31ft Cert 3403
Grange P. M. Russell J20 acres ’
Section 16. Block 3U6. Cert 14
Grantee T. J Morgan 640 acres
Section 47, Block 4. ^
Grantee V. C. A L. F
acres.
Section 49. Block 4
Grantee Y. C. A L. F
acres.
Section 5ft Block 4.
Grantee Y. C. A L. F
acres.
Section 63. Block 4v Cert. 2267,
?cra" Y C & L F Ry Co., 640
Section 75. Block 300. Cert. 3404
& L. F. Ry. Co., 640
Cert. 2259.
Ry. Co. 640
Cert. 2260,
Ry- Co. 640
Cert. 2265.
Ry- Go., 640
Walker. G O. and Mack Aadur. P C
Cash, E. D. Lanyon, A. J- Huther. sal
Chas. G. Carlqnist are defendant^
and said petition alleging that the
place of residence of each of said de-
fendants is to plaintiff unknown; and.
That the plaintiff as lessor and tho
defendant Lesh as lessee oa the 29th
day oi January, 1919. entered into a
certain oil and gas contract o*» tho
following described lands in Bit water
Connty, Texas, to-wit;
Sections 21. 2ft 24. 31, and ft
..located by virtue of Certificate* Mon
185. 186. 18ft 190, 190 and 191, respec-
tively, issued to John H. Gibson, cott-
Cl I ATION BY PUBLICATION August, A. D., 1920, then and there to
•n.KSTwifw TEXAS TZ
l<< I lie .Sheriff or any Constable of suit numbered on the Docket of said
Brewster County, Greeting: Court No. 947, wherein J. C. Bird and
You are hereby commanded to America Bird are Plaintiff’s and J H
summon Franklin Riter. by making Derrick, FrankUn Riter and the Con-
puhlication of this Citation once in gressional Oil Company, an unin-
lat h week for four successive! weeks corporated Trust Estate or Joint
previous to the return day heireof in Stock Company, of which Company
Mime newspaper published in your F. B. Dunn and R. T. Harris are its
county, if there he a newspaper pub- Trustees, and F. B. Dunn and F H
lohed therein, but if not. then in the Miles its President and Secretary,
the nearest County where a news- respectively, are Defendants, Plain-
papt r is published—t<v be and appear tiffs cause of action being briefly
at the next regular term of'the Dis- stated, as follows, to-wit:*
trut ( ourt of Brewster County, to be That they are the owners and in
h..hh;i. at the ( ourt J louse therof. in possession of the following describ-
Alpine, 1 r\ai, on flic 6th Monday til land* lying and being situated in
■««r *hc ,,rst Monday in July. A. D. Brewster County. Texas, holding and
l CO. the Mint being the !6th day oi claiming the same in fee simple;
te Grantee Acres
G. R ft S. A. Ry. Co. 640
G.R4S.A. Ry. Co. 640
G. IL ft S. A. Ry. Co. 640
G. H. A S. A. Ry. Co. 640
G. H. ft s: A. Ry- Co. 640
G H. ft S. A. Ry. Go. 640
G. H. ft S. A. Ry. Co. 640
G. H. ft S. A. Ry. Co. 640
T. C Ry, Co. 640
mencement of a well on said lands
was deferred to the llth day of
Aprilj • 1920, and Plaintiff* further
allege that no well was commenced
either on or before April llth, 1920.
or since said date, and that neithc
Abstract No.
Block
Survey
Certi
1616
13
12
1212
1M7
13
24
1218
1618
13
10
1211
3641
13
8
1210
382*1
13
11
1212
.18.8)
13
9
1211
.1831
13
25
1216
4001
13
26
1219
44)83
WJG8
52
1810
Plaintiffs allege that on oc about
the llth day of Apriy, I9lft that they,
a* Lessors, executed and delivered to
the Defeiidnt, J. IL Derrick, as
Lessee, an oil and gas lease or option
contract tor the «ol* and only pw»-
ng and operating for oil
of producing, preserving
:are of such products.
the al
pose of miniiij
and gas and
and taking care
which lease covered all of the above
described land and which is recorded
in Volume, I, Page 314, Oil and Gas
l ease Records. Brewster County.
Texas. That thereafter, on or about
the 7th day of May, 1919, the De-
fendant. J. H. Derrick, executed and
delivered an assignment of all his
rights, title and interest in and to
said lease to the Defendant, Franklin
Riter. which assignment was record-
ed ni Volume I, Page 316, Oil and Gas
Lea«e Records of Brewster Count
hereof taTAIptnt. Texas, on the 6th
Ifaatiur after the 1st M
July, lteft th* saw* h*rag
day of AnfltnL A D. MOL then and
thee* to Mitrtr a petition f >d in
raid Coen on th* 30th. day «
A D 190ft in a *uit. numbered <m the
dorket of said Cotset No 94ft wherein
L I- Martnoo is Plaintiff, and T C
Carroll, and the unknown heirs of
TC. Carroll, deceased. W. J Thomas
and the unknown heir* of W. J
Thomas, deceased. William Hi««Jn«
and the unknown heirs of William
Mtguin*. deceased. Trinidad Bitit. and
th unknown heirs o# Trinidad Biol
deceased. Trinidad Garcia, and thr
unknown heirs of Trinidad Garcia
deceased, a re Defendants, and said
petition alleging that Plaintiff and hi*
attorney do put know the residence
«r domicile of the Defendants. T. C
Carroll W. J. Thomas. William Hig reason of said payment th*
before or on said date was payment
made or tendered to Plaintiffs credit
in the First National Bank of Alpine.
Texas, in the snm of $576.00, for the
purpose of deferring the commence-
ment of a well on said premises from
and alter April llth. 192ft Plaintiffs
allege that said oil and gas lease or
option contract casts a cloud upon
their title tothe above described
lands and that unless said cloud is
removed therefrom they will he
greatly injured and damaged.
WHF.RFORE Plaintiffs pray that
the Defendants be cited to appea-
and answer their Petition, as is
i ea«c Kccoru* ot urewster county., and answer their Petition, as is pro
rexav That thereafter the Defend- vided for by law. and that upon final
. ... * J hearing they have jndguseut cancel-
ling and declaring nail and void, and
of no further force and effect said
oil and gas tease or option contract
•n and all instruments relating thereto
as, which cover the above described
<y> lands, and they have judgment re-
«"> Kr.nU... W.t,— txroitcil »!>*)
it. lixcre.l tot he Congressional Oil
i ontp.iii) an assignment of alt of his
nghl. title and interest in and to
said lease, which is recorded
Volume 2. Page 197. Oil and Gas
I ease Records of Brewster County.
Texas That said oil and gas lease
w.t. made for a period of five years
from the date thereof, or a* long
thrreaftrt as oil and gas or either
ot them w is produced from said land
hi Lessees, and provided for tiff pay-
ment to Plaintiffs of the equal one-
eighth |(»l part of all oil produced
or saved from said premises. It wxs
further provided in said lease that if
no well he commenced on the above
described land* on or before October
llth. 1919, said lease should terminate
a* t.» both parties, unless the Lessee,
on or before that date, should pay
or tender to Leseorv or tender to you have executed tiff
their credit in the First National Witness W H Lera*.
Ranh of Alpine. Texas, the sum of
$57600. which payment should ooer-
nleu* a rental and defer the privilege
of commencing a well on said land
for a peii.nl of six month*, and in
hVe m inner and tr'«* like payment*
*• tender the commencement of a
w ell could he f irther deferred foe
like period* of the same number of
months surer* <iv«ly.
Plaintiffs a'lege that no well wo*
tomineneed .«*» said laud* m or be-
fore October llth. |9tft but that th*
afortrsgis* sum of WW* was eat thut
date puiftto the Plaintiffs and hy
moving said, cloud from"rtK*tttle of
Plaintiffs and to said lands and con-
firming Plaintiff* title in and to the
same. and that Defendants be
divested of alt rights, rttlo. interest or
equity arising in their favor, by virtue
of said oil and gas laps* and all
assigments thereof, aad that Plain-
tiffs have judgement for all coart of
suit, and fur general aad special re-
Herelu fail not but have you before
said Court, on the said 1st day of the
a ext tarns thereof Writ, with
yours
Clerk of the
W. H Loan*; Clark
of th* District Court. Bs'oawffe* C«uu
ty. Texas. _ • 27-4*.
f»y M SiBwk*. f'eputy.
ty. Texas
By M S,
Grantee Y. C
acres.
the first of said Oil and Gas Leases
was thereafter duly recorded in
Volume 37. Page 231. and the second
in Volume 37, Page 241, Deed Records
°4., Br*wster County, Texas.
The purposes of said leases being for
the drilling, operating for develop-
ment and receiving petroleum, naprha
natural gas. asphaltum and other
kindred usbstances, and were for a
period of twenty years or as long
thereafter as such Minerals were
produced in paying quantities. That
the consideration for said Leases was
recited as $Jft00 paid, and the fur-
ther Considet ation that development
on said lands for the above named
porposn would be begun thereon
within a period of three months from
the date thereof. if not so started
lessee was to deposit $5000.00 for a 90
day extension, if not started in six
months to forfeit said $5000.00.
(3) Plaintiffs say that the Defend-
ants represented that they were the
owners of considerable acreage and
were acquiring oil and gas leases con-
tracts on large blocks of lands ad-
jacent to the lands owned and leased
tothem by Plaintiffs; that they were
representing large oil interests and
that they would immediately begin
drilling test wells on said acreage;
that said representations were made
for the purpose of inducing Plaintiffs
to make and execute the aforesaid
leases contracts; that said repre-
sentation was the consideration
which induced Plaintiffs to execute
said oil and gas teases, and upon
which thej^ acted and relied; that
said representations were false and
fraudulently made, and were known
to be false when so made: Plaintiffs
further say that the consideration of
$10.00 recited as paid in the ubove
described oil leases failed in whole
and in part, in that said consideration
was never paid and that the fnrthec-
considertion hereinbefore mentioned
wholly failed, in that no operation for
the development of said lands for the
purposes hereinbefore mentioned was
ever attempted, begun or performed.
(4) Plaintiffs sar that the afore-
said leases are nnll and void and of
no farther force and effect, for tfie
reason that the considerations for the
exeention of said leases have wholly
failed, in that the cash consideration
recited was not paid and the further
consideration, the development of
said lands, as aforesaid, has never
been begun thereon. .
(5) Plaintiffs allege that by rea-
son of said oil and gas leases oc op-
tion contracts a cloud has been cast
uoontheirtitle to the aforesaid lands,
which if not removed therefrom wilt
greatlv in fare and damage Pfcintiffs.
WHEREAS, premises considered.
Plaintiffs pray that the Defendants '
he cited, hy publication, to answer
this Petition, as is hv law provided
for that upon final hearing hereof.
Plaintiffs have judgment cancelling
and declaring as anil and void and
of no further force and effect the
above described oil and gas leases or
eptioa contracts, and that the cloud
on Plaintiffs title in and to same he
forever removed therefrom, and
plaintiffs title in and to same he
confirmed in them and that the
defendants he divested of all rights
title, interest or equity arising in
their favor by virtue of said leases or
optioncontracts, and that Plaintiff*
have such other, and further relief,
special and general, in low or canity,
to which they mar be justly entitled.
HEREIN FAIL NOT. hut have be-
fore said Court, at its aforesaid next
regular term, this .writ with your
-eturn thereon, showing hour you
'have executed the same.
WITNESS, W. H. Lease. Clerk of
the District Court of Brewster Coun-
ty. Texas.
Given under my hand and the Seal
of said Court, at office in Alpine,
Texas, this the 13th day of July. A.
(Seal) W. R Lease. Clerk
District Court. Brewster County.
Bv Handle Holland, Deputy. 28-5
CITATION DY PUBLICATION
THE STATE OF TEXAS
To the Sheriff or any Can tinkle of
Brewster Cumtr—Greeting
Yon aeo
That while said contract racitud
a consideration of one dolar, yttm
a matter of fact there was no consid-
eration whatever paid the phktaf
and said recited consideration of one
dollar was not paid.
3.
That said option contract wan far
a period of five years from January
•20th. 1919. and the defandant agreed
and did pay $384.08 far the option and
privilege of exploiting said
oil and gas which privi*
the 20th day of January,
ft
Plaintiff says that the said lessee
paid nothing far the psw*B» • »
ploiting said lands from January 2ft
1920; until the expiration of six
months thereafter, and agreed tho*
in consideration of die' privilege of
exploiting said lands that he xmaM
explore and drill for oil and gno the
first six months which the defandant
gailed and refused te do.
S >
Plaintiff farther states dint aaid
option contract is void far the went
of consideration and also far th*
farther reason that the defendants
had no intention, and has sever, ex-
ploited or drilled for ad and gnn
. ft
That the original lessee and hie as-
signee Save subdivided said foods
and are offering to assign any part
or all of said unda for forge sums
and defrauding the pobfie in general.
whereas as a matter of fact they hove
no interest in the land or oil aaf gas
for the reason that die original lease
option has been _ breached as afore-
said and was void for want of con-
sideration and that the various as-
signments have cast a cloud ax j
tiff’s title and
Wherefore pfomtMl prays
tion by publication and that upon n
trial hereof he have judgment can-
celling said original option and can-
tract and for judgment remaning the
cloud from said title, fine costs of
suit and for special and general se-
teif. both in law and in equity, te
which he is entitled, aad he nOftever
pray.
Herein fail not, hot have yon he.
fore said Court on the said first day
of the next term thereof, this xtit
with yonr return thereon; • hawing
how yon have executed the same.
WITNESS; W. H. Leas*. Clerk of
the District Court of Brewster Conn
ty. Texas.
Given under my hand and th* Sul
of said Court, in the city of Afoane
Texas, tins the Mth day of Jaly. A.
Ik 1920.
(Seal) W. R Lease; Cfaaft
of the District Court in and he
Brewster Connty. Texas.
By Mandie Holland. Deputy. 2B-S-L
Issued this Mth day of July, ft D.
192ft
(Seal) W. R Lease; desk
of the District Chart in and for
Brewtser Connty, Texas.
By Maude Holland, Deputy. 2M4,
Physician ami Snrfwm
Office in
Lackey Building
W. VAN SICKLE
Attorney and
Counselor atLrv
-----
summon Frank Lesh. P A Xsh*. M.
F Sherfesee. KrR P Street, ft *
Criswell. Don R Adam*. W G.
Wether. C O and Mark Asthma
C. C Cask. F. D. Laavon A. J. Huther
end Chas. G Carfouist. hy making
publication of this Oration once he
District Court of Brewster Coxaty.
Texaa.
Given under mv hand and mol oi
said Court, at office in the Town of
Alain*. Texas, this tho fob day of
July, A D HOft (Seal)
W H. Learn. Clerk
of th* District c« nt. Brewster Coon
Issued this fob day of Jufo. A. D previous tothe return dap hereof, ie
newsuape- published fat _
County, if there he a uewsuaper pub-
lished (herein hut if not. thru in any
xewoouuer published fo **M (Brit
Ihdkfo* Pfsfofot: hoe *f there te w*
'TSZXCSSit.'** •*
-C IK
L L MARTIN Jt
Al
A. M. TURNEY
Attemj aft Lam
. V
K
■V-
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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/m1/4/?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).