San Patricio County News (Sinton, Tex.), Vol. 1, No. 31, Ed. 1 Thursday, September 2, 1909 Page: 4 of 7
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;•, 4 IX 1909, then and there to answer Welder pastures, 1461 varas to the this suit, and consequently all causes
the said Julian Garza and wife and ful- the above claims of the defendants, | legal representatives, by
t' *
Si , .... ., , , .t, - , „„ ... corner ot said (ence ot action, It any, existing in the defend- ly authorized to execute said power of and the said defects m its said paper. Uca ion of tins citation #
tte Wuuop filed in said Court, on the ^^ n , , Mt or of the defendants, are bar. attorney, and through their said alter- title, for the purpose ot complying jweek for eight successive
fgUS hA’ ” ,d uJs West fo lowing Se^division fence red b/lhe provisions of the five and ney in fact said deed, but proof of said with the requirements ot- the statutes v.ous t« the return day tateot, J,
-“south ,3 degrees and 31 min- X oTthe n^nd ZTy J&W ifEST
If living, and, if either be dead „ith the said division fence by virtue of Art. 334.7 aforesaid of the defendants, Sned as the unknown . indicate and determine in tils suit the Judicial District;.-but if*
the unknown respective neira , oi ___ ___.«—^ m—it-v*; «f Julian Garza, or c
deceased, and their unknown heirs point where said divi- ties,estate, claims or demands of the de and as unknown heirs of the unknown
L r'1T.,«re„T,rr«arSzaaldZ urn Tu feu “ crosses .be division line fendants, or any of ^defendants, wife of Julian Garza, or de la parse,
known w e £ between ’tbe Cayetano. Garza league, have vested in the plaintiff, who has and the unknown heirs and legal repi e-
known wife of Julian de la Garza, H . V_ .. „ , . f i:„.____:J ___urmtutivou of the unknown heirs of
fmu: . .. ltho_ hA thft Grant and the' Julian Garza et al. full title,to said tract of land, pi^clud- sentatives of the unknown heirs of
living, and. if either be dead the .want, l , ing all such claims. said respective parties.
unknown respective heirs of each, and ^ ^ cammon line diviJ That notwithstanding ttfe&Mh* of
in this
pfipk
bMween“Vthe“orConno‘r"and " wMder revised statutes of Texas, all rights, tl- heirs of Julian Garza, or de la Garza, specific ciaims of the pSKlcular de- newspaper published yflT
between tne u c onnoi «tnu we a----,—— fendants as indicated above, but it is- District, then in. a*hewspap^
sion fence crosses the division line fendants, or any of th<< wife of Julian Garza, or ae ia Garza, intended and desired not only to ad- ed in the nearest District to
Fourth.—That on or about the 2nd
SSfitrdtoMSS ding* said -Cayetano Wo^«* Dorn the above averments, this says day_of
uaugutei o, the Said said Julian Garza et al. Grant to the there are certain defects and .breaks iMaria Garcia Villareal conveyed a
Julian Garza, or de la Garza, if living. Southwest corndt of said 2 3-4 leagues in th^plainU_SIS#
or de la Garza, daughter of
-• '« «" -known ’ heirs oi
the skid Maria Antonio Garza.or de la OT a snauow cree*> cauea cue r* * • 'nj
, , , ; . tero \ 1 of paper titjp give rise to claims ore?
ff» ™bre^nef°^d ^gablto' Thence with the South line of said the part of the defendants respect-
EH* SfSTSSS2 sTof t£T«M •>»*<- « U -OSS Jlart ively, which, though Invalid as a mat-
Julian' Garza, or de la Garza. If living, La** to the Southeast corner of said ter of fact have the eff^A cloud
and if dead, the unknown heirs of the 2 3-4 leagues grant, in the West line of the plaintiff s title to sai£j3*ct of
aaW Agaplto Garza, or de la Garza, and 1 3-4 leagues grant to John Hart 'and much and to effect m * «v
their unknown heirs and legal repre- his/hree sons. mar .e a y nrlr_f ulaH
Thence with the division line be- [dopics.»ate the market value of plai*.
tween the Julian Garza et al grant
w
-"■* ■ £
t -t
t&l
*1
sentatives, and Leonida Garza, or de la
Garza, son of the said Julian Garza, or
de la Garza, if lving, and, if dead, the the John Hart et al grant to the
unknown heirs of the said Leonida northeast cornet of the. said Julian
Garza, or de la Garza, and Secundo, o\ G^rza et al grant.
Segundo Garza, or de la Garza, son ot\ Thence with said North line of said
the said Julian Garza, or de la Garza,1 Ju»an Garza et al. grant to a fence cor-
If living, and, if .dead, the unknown ner post in said division fence between
heirs of the sail Secundo or Segundo
.«Garza or de la Garta, and their un-
known heirs and legal representatives,
and Elejos Garza, or de la Garza, if
living, and, if dead, the unknown heirs
of the said Elejos Garza, or de la Gar-
ma, and their unknown heirs and legal
representatives, and Alejos, or Alejo,
Garza, *>r de la Garza, if living, and if
dead,the unknown heirs of the said.
title body of land, consisting of the Caye-
tano Garza League, the Julian Garza
et.al. 2 3:4 leagues and the Juarez and
Pedro Villareal tw’o leagues grant, less
one league out of said body of land,
which said Villareal reserved for him-
self, and which reserved league was out
of the Julian Garza et al. grant, and the
Northeastern boundry of which reserv-
ed league was the Northeastern bound-
ary of the Julian Garza et al. grant,
tiff’s property., and to injure und em-
barrass the plaintiff in its. owner-
ship of said property and right to
sale thereof.- ^
That these ’defects and fceeaks in
the paper title out of Vhkh said un-
1 of the
judicate such claims, but all other ty-sixth Judicial District, or:
claims, estates, titles, demands or at the next regular term of th<
rights whatsoever in and to sa-idetract of, Court )of San Patricio O
land existing in the defendants, na ned hdlden at*the Court house
or indicated above, or any of the de-
fendants named or, indicated above.
Premises,, considered, plaintiff prays.
First—For citation by publication
upon each and all of the defendants,
named or indicated above, as required
by the statutes of Texas regulating
such citation against defendants who
are unknown, or whose residence is
unknown to the plaintiff, and as
Sinton on the third. Monday j
her A. D. 1909, the same being !
day bf October A. D: 1909, !
there to answer the petition .
said Court on the 25th day of
A. D. 1909, in a suit numbei *
docket of said Court N
wherein the Angelita Cattle
is plaintiff and Victor' *
the O’Connor and Welder .pastures,
; { ■ ’ ^
from which poet anbther post bears
South 48 minutes West 19 1-2 varas,
against unknown heirs of such deceas-
ed persona, the plaintiff Invoking the
jurisdiction of this Court recognized
said reserved league- extending the . by Art. 1235, Art. 1236' and Art. 1238,
whole length of said Julian Garza et al. j inclusive, of the revised statutes of
grant. This reserved league subse- this State, as well as the jurisdiction
quently passed into one John H. Durst,1 conferred by chapter 22/ Art. 1504a
through whom this plaintiff deraigns to Art. 1504f, inclusive-of the revis-
title., The conveyance of the 4 3-4* ed statutes of T^as.
founded but injurious claJmft-pf the leagues, however, comprising, among Second.—That upon hearing of this
defendants, respectiveiy„Ia^e, are other lands, that portion of the Julian cause, plaintiff have its judgment
living, and, if dead, the
....
from this last mentioned ppst a .plaintiff’s chain of pappr
mesquite four* inches in diameter,
marked K., bears South 65 East 1.2
varas, another mesquite 5 inches in
diameter, marked W., bears South 27
degrees West 8 varas, another mes-
quite 7 inches in diameters, marked
X./ bears South 27 degrees* East 8
Alejos, ot* ^ftiejo, Garzo, or de la Garza
and their unknown heirs and legal rep- varas.
resentatiVes, are defendants, said^peti- Thence South 84 3-4 degrees West
tion alleging — following said division fence, at 1470.'7
That plaintiff is A private oorpora- the Southwest comer of John
* " ■ the la!ra Henderson^ survey, bears ^orth l ’ ^
indicated . as follows, ■ tl!
First.—That it is apj
mm
names df the defendant*
and the other memt
family indicated
fendants herein, are ■
written, sometimes
times “de la Garza,”
which said reasoi
described herein by 1
their unknown heirs
heirs and legal rej
wn heirs are so <
gir de la Garza et al. grant hot included divesting out of defendants, and each
the within the boundaries of said reserved of the defendants, all right, title, in-
it the league, and therefore comprising *a terest, estate,, claim or demand in and
!|s#za portion of the lands described In this to said uact of land aforesaid, and af-
za petition, was conveyed by the said Amatively vesting the same this
; V
de- Jose Maria Garcia Villareal by said
deed aforesaid to John Leyet, as guard-
ie- ian of the estate of a certain minor,
for recited in said deed, in the granting
are clause of said deed, to bear the nhme
* and Elejos Garza, and in the habendum
>Wn Clause of said deed, to bear the name
- their Alejos Garza.
of tho said Y'ct^riana Tore
iml^nown heirs and legal
lives, and Victoriana Jaree
ing, and, if dead, the uni
the said Victoriana Jares, ai
known heirs and legal re; J
and Victoriana Jaures,
living, and, if dead, the
of the said Victoriana J,
rez, and their unknown
representatives, and. P<
if living, - and, if dead,
heirs of the said Ped
their s unknown heirs
sentatives; and Juli:
la Garza, i^tnd the’ i
Julian Garza, or- de la
plaintiff, whether said right title, es-
tate, interest, claim or demand be and if either be
speciAcally above atyeged and describ- specti^e heirs of
ed or not. ; •'< - known heire and
Third.—That' thie plaintiff also have and Elejos Garza,
its decree precluding all Claims on the living, and, if d
part of the defradants, or any of the of the said Ele;
in and to saik tract of za, and
~................. '
uiwipal
•hn unknown heirs ar
42} , Second.—That,
defendants,
! This plaintiff says that, as a matter land aforesaid, whether or not said represen
of fact, the said name Ele,
r
leed is purely
/Me
£J|e aiw. that plaintiff be quieted in it’s dead, the
all titles* estates,
by the plaintiff, and the rest. ^ . , . - ^ - ^^Aga^to
dence 0f each ahd all df the defend- That plaintiff has a good and suffi- za, Leonida Garza, erf
named or indicated In this petipaper title of record from the,Secundo Garza, or *
tfon are‘likewise unknown to
! *
3le claim
of the defendant
Wk
and his Fourth.*
m
«ss
mm
r. unknown heirs, and their unknown equity an _ %: w „
and heirs and legal representatives, if Herein fail not but have before said c
_ ____ _ ^ and n<| there ever was any such person as Court at its aforesaid .next ’/'fejgpar ‘
u,e SIS appears any ***» Gama. Thin platoUlt says that term with your retirh them
-\the'appropriate and proper legal pre- ot raid above named defendant ,« 4*ratgnS title to a portion of the on, nhowlng how you have exeouted
me-jBumptiohn we Indulged In favor of said , That prior to the death of the said sai‘l tract of land aued for in this peti-
^ title, to all aaid body of laod de«;ribed defendant Julian Gerza. or de la Garza, «on through the said Alejon
__ _ aforesaid, and thaTplalnUff further has mid the unknown wife of tt. said Jul- being *U ^portion ^oTtte tad Job DWriet ^of^ PatoWo Corntiy.
- landte San Patricio County, Texas, a*1 fuU and complete tiUe, precluding all ian Garza, or de la
j»art of an original grant of 2 3-4 lea-
le 5
k
gaes, or 12,177 acre* of land, title No.
128, Vol. 17, which was extended Nov-
ember 15th, 1834, to Julian Garza, Mar-
la Antonio de la Garza, widowed
daughter of the said Julian Garza, and
Agaplto, Leonida and Secundo Garza,
eons of the said Julian Garza, said
tract of land involved in this suit be-
ing thus by metes and bounds describ-
ed:—
Beginning at & fence* corner post,
V
Ititle t0 ian Garza et al. grant described in this Given under my hand and seal of
olalms.Uf any of the defendants, to said said eutim 2 8-4 grant has PUtltlou except that portion of the omce in Slnten Uiis the 25th day ot
r0,o,r^rr^ r^-r^r sk
erty, being the Ave yeaVs statutes of died prior to the 24th day Of April, title through Villareal hinftelf ahd his A true copy I certify,
limitation, as prescribed by statutes re- 1852; and said tract of land passed to vendee, John Durst. j
gulatlng- said five years statutes of limi the/heirs of ttoe said Julian Garza, or Fifth.—That on or about March .
tation and prescribing the require-- de la Garza, and bis unknown wife, 17th. 1857, the said Alejos Garza, hav- j
ments thereof, and also by statutes re- through which heirs the plaintiff here- lnS attained his majority, made a con-; ^ __
gulatlng the ten years statute of lixnita- in deraigns title. To the Sheriff or any Constable of
tion and prescribing the requisites Thitd.-This plaintiff .says further this, plaintiff dferaigns tit.e of one. ^ County Greeting;
Xhe Northwestern comer of a pasture thereof, and especially, by virtue of that the said Julian GartAand the un- league of land out of said Julian Garza
owned bv Josemh O’Connor Art. 3347 of the revised statutes of known wife of the said Julian Garza, et al. grant, and constituting a portion j , . . a
formerly owned by Josapn u tonnor, » , > . , ~ .. . „ _ 0of the land described in this netition* » ^ou are hereby commanded to sum-
svnd yet known by his name/ same be- Texas, defining the operation and et- or de la Garza, died prior to the 24th of the^land described in this^ petit o victoriana Tores if living and
ing l comer in a division fence be- ect .of the bar ot said statutes of limb day of April, 1852, and that ou said that the description of safd league of men Vic^ri^J^. ^fivn^ and,
at............
That all of the
above by the
fact unknown
not be more j
cribed by the
dence of each '*
ants named or
tion are likewise
plaintiff. -
That‘the
sessed in fee sim.
D. ODEM, • ;
Sheriff San Patricio County, Texas.
___
THE STATE OF TEXAS.
tween the Josenh O’Connor pasture- tation, in as much as plaintiff and last named date certain persons, to land is quite indefinite, and is as fol- if dead, the unknown heirs of the said
S2- tho« through whom WattUtt domigns wlti Paula, or P.uHto, Otutu Trevino; lowa^ to County o« San Wg: To^,_and th^ nrinown
and from this fence comer post the title have had for the past thirty-Ave Tomicita, or Tomascita, Lopez; Patriclor m the State of Texas, and .8 P ’ .
Northwest comer of the 2 3-4^eagues years and down to? the present time Darili, or Danita, or Dartio, Lopez; : fronting on the ^hecea rtver: said Victoriana Jares, if living, Md, if dead,
granted to Julian Garza daughter and continuous, uninterrupted, peaceable, Seferino Lopez Manuel Lopez; league taken from the tract or tracts of e un own era o e sa^
STiS SS ££ £ H degree, oxclustvo and adverae poaaeaslon ot Detlna, * ot Datum, Jx-par; Pa.ar land granted hy the Mexican govern- » Ja™ea and *e r unsown he m and
•Wert 62 vara., at said comer ot aald mid body ot land, using and enjoying or Petro, Garza Peuo; Dioncio. meat to Julian de la Garza and his legal representatives ahd victoriana hk in W *?KPS
possession of, A
in San Patricio CoobI
of an original grant *
land, generally kno
County, and
country, as the Victo
Pedro Villareal t
to which was c*
26th, 1834, title N
body of land So owne
by the plaintiff
said two leajgues ^
traqt which was "'
T. H. Mathis, out of
portion of said 2 league*
M. S. Borden; said bo
owned and pos;
it j-
Julian Qarza grant a post has been set, the same, and paying each year as or Domico, Garza Rodregues,
whence a mesquite, marked A., the they accmed all taxes due thereon, and or Rodreguez; Maria Antonio Garza
originar bearing tree, bear* North 46 claiming the same'under deeds duly Remeres, or Ram-s; Agaplto, or Agi-
degrees West 7 varas and a. mesquite registered said claim being for said peta, Garza; Luciana Molino; Sabat,
10 inches in diameter, marked X, full period of' thirty-five years or Sabas, Molina; Marcelito, or Mar-
ttears South 86 degrees S, 49.2 varas, prior to the institution of this celeito, Molino; Segundo Garza, or
and another mesquite 12 inches in di- suit and extending to the time of Secundo Garza, or de la Gatza, and
-j/ ameter, marked A bears South 51 de-
and those whose estate plaintiff has
have had continuous. Uninterrupted,
peaceable, exclusive, adverse and ac-
tual possession of all the said body of
lands described above, using and enjoy
ing same, under actual ehcloseure, for
three sons, to be takeh as a slice run- dead, the unknown heirs of the said
ning the whole length back of said Victoriana Jaures, or Jaurez, and their
tracts, and to be bounded on the lower unknown heirs and legal representa-
grees East. 65.5 vara*, another mes-
quite, marked V, bears South 50 de-
frees East 56.2 varas. /
Thence South 11 degrees and 42
minutes West, following the division
fence between the O’Connor and Wel-
der pastures, at 177L8 varas the South-
west comer of 400 acre* originally conjjto tbe institution pf this suit,
veyed by Trinidad Alderete to Rafael . This plaintiff says that all of
Alderete, bears North 84 3-4 degrees
East 36.8 varas, at 1861.8 varas a fence
comer post.
Thence North 84 degrees and 30
minutes East, following the pasture
its institution. Also, because plaintiA Aligo, or Alejo, Garza, reciting them-
selves to be the heirs of Julian Garza
and wife, executed a power of* at-
torney to Segundo Garza, or Segundo
de la Garza—the same person—under
authority of which said power of at-
daughter, Maria Antonio, and the other Jaures or Jaurez, if lining, and,
if cribed:— ' ] . *
side by ,a tract of one league of land
formerly part of said grant, but sold'
to Jose Mabia Garcia Villareal, and
subsequAitly by him to Durst.” This
description indicates that the tract
conveyed is a league of land extend-
ing the whole length of the Julian
Garza et al. grant, and bounded, on the
Beginning at a
river where the j
of the pasture
tives, and Pedro Villareal, if Uving, Joseph O’Connor,
and, if dead, the unknown heirs of the
said Pedro Villareal, and their un-
knownheirs and legal representatives^ comer of said
his name, strikes
river, same being
and Julian Garza, or de la Garza,
and the unknown wife of Julian Garza,
or de la Garza, if living, and if either
be dead, the' unkndwn respective heirs
of each, ahd their unknown heirs and
a period of thirty-Ave years next prior in said instrument, the said aforesaid
' > Garza, signing his name Secundo de la
the Garza, on the 27th day of July, 1853,
matters, occurrences and transactions conveyed this said tract of jand, along
but of-which any possible claim on the | with other land, to one Jose Maria
part of the defendants, or any of the (Garcia Villereal, through whom this
defendants, could arise, arose, occur- plaintiff deraigns title. -
red and transpired more than thirty-j This plaintiff says that in truth and
five vears prior to the institution ofiin fact said parties were the heirs of
Northeast and adjoining the tract of
torney, said authority fully expressed land which Villareal had Reserved in his legal representatives, and Elejos
1 eonveyanpe to Levet as Guardian, and Garza, or de la Garza, if living,
which Villareal had subsequently con- and, if dead, the unknown heirs
veyed to Durst. On account of this in: of the said Elejos Garza, or de la
definite description, . the said Alejos Garza, and their unknown heirs and
Garza, his unknown heirs, and their legal representatives* and Alejos, or
unknown heirs and legal representa- Alejo, Garza, or de la Garza, if living,
tives, are made parties defendant and, if dead, the unknown heirs of the
herein. said Alejos, or Alejo, Garza, or de M
Plaintiff says that it has indicated Qarza and their unknown heirs and
'gufes grant convey;
Mathis to Mrs. M.
From this point
sache14 inches ia
bears North 76 1-4 d*
varas, another wesacb
diameter, marked V, ol
bears North 22
Thence Nortb*f|
minutes West, with"
and the Western
Borden tract of land,
point where
North boundary
goes grant*
- .
’ll! 1
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Carter & Veatch. San Patricio County News (Sinton, Tex.), Vol. 1, No. 31, Ed. 1 Thursday, September 2, 1909, newspaper, September 2, 1909; Sinton, Texas. (https://texashistory.unt.edu/ark:/67531/metapth718466/m1/4/: accessed June 10, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Sinton Public Library.