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#33 Page 66
Affidavit
Dec. 1st 1933 - Mar 23rd, 1934
148 -- 637 of the Deed
Mrs. Maggie Shelton
(54 Acres ANN H. HALE SURVEY, ABST #273)
State of Texas
County of Bowie
Came before me, the undersigned authority of this day personally appeared
Mrs.
Maggie Shelton, known to me to be a credible person, who being by me duly sworn,
by oath says that she was personally and well acquainted with D. D. Nettles and
wife? Amanda Nettles, during their lifetime; that they lived together as
husband
and wife until the death of the said D. D. Nettles; that the said D. D. Nettles,
prior
to the marriage to Amanda Nettles, had a former wife, who died about the year
1886,
of which marriage, there were born two children, to-wit, A. E. Nettles and W.
L.
Nettles, that the following children were born of the marriage of said D. D.
Nettles
& Amanda Nettles, to-wit: Mrs. Bertha Brown, Mrs. Lela Clary, Stanley
Nettles,
Huey P Nettles?, Mrs. Pauline Akin, Mrs. Bennie Sanders and Mrs. Bernice Day,
and that
said children are now living, except A. E. Nettles, who departed this life
??? 16, 1932, leaving his wife and no children surviving him. That the
said D. D.
Nettles departed this life in Bowie County, Texas, on the 26th day of December,
1925,
????, leaving his wife, Amanda Nettles, and the following children surviving him
A. E. Nettles, W. L. Nettles, Mrs. Bertha Brown, Mrs. Lela Clary, Stanley
Nettles, H. P. Nettles, Mrs. Pauline Akin, Mrs. Bennie Sanders and Mrs. Bernice
Day.
#34 Page 167
That Mrs. Amanda Nettles departed this life in Bowie
County, Texas, in testate,
on the 27th day of May, 1929, leaving the following children, her only surviving
heirs
????, to-wit: Mrs. Bertha Brown, Mrs. Lela Clary, Stanley Nettles, H. P.
Nettles,
Pauline Akin, Mrs. Bennie Sanders and Mrs. Bernice Day. That affiant was person-
ally and intimately acquainted with the said D. D. Nettles and Mrs. Amanda
Nettles and
the said children, and that the said Amanda Nettles did not remarry after the
death
of her said husband, D. D. Nettles.
That the said children above named are all, and the
only surviving heirs at law of
the said D. D. Nettles and Mrs. Amanda Nettles.
That there was no administration on said estate and no necessity
therefore.
Mrs. Maggie Shelton
SUBSCRIBED AND SWORN TO BEFORE ME, under my official
hand and seal, this 1st
day of December, A. D. 1933.
Charlotte Brueggeman,
Notary Public, Bowie County, Texas
#35 Page 168
SPECIAL WARRANTY DEED
Dec. 2nd, 1933 -- Mar. 20th, 1934
149 256 of the Deed
Nealie Nettles,
Wife and sole heir of
A. E. Nettles, deceased .
"In consideration of the conveyance to me, by
all the other heirs of D. D. Nettles and Amanda Nettles
deceased, of 54 acres of land, formerly belonging to
D. D. Nettles, deceased and his wife, Amanda Nettles,
and more particularly described "as shown by page "A"
of this Abstract.
Mrs. Nealie B Nettles, S. G. Nettles,
H. P. Nettles, Mrs. Bertha
Brown, Mrs. Lela Clary, Mrs.
Pauline Akin, Mrs. Bennie
Sanders and Mrs. Bernice Day.
STATUTORY FORM
J. Fred Hoffman, Notary Public, Bowie County, Texas,
2nd December, A. D. 1933
"all right, title or interest to, or at any time held or owned by
me, in and to
any property of any nature, real or personal, belonging to the estate of D. D.
Nettles, deceased, and his wife , Amanda Nettles, deceased ; it being my purpose
to
convey by this instrument, all interest inherited by my deceased husband, A.
E.
Nettles, in the estate of either D. D. Nettles, deceased, or Amanda Nettles,
deceased,
and inherited by me from him, as his sole heir".
SPECIAL WARRANTY CLAUSE: The grantor herein warrants the title "by,
through or
under me".
#36 -- Page 169
SPECIAL WARRANTY DEED
Dec. 2nd, 1933 -- Mar. 20th, 1934
149 257 of the Deed
$10.00 paid, and in further consideration that
the
said Mrs. Nealie Nettles has surrendered and released
all interest owned by her as an heir of her deceased
husband, A. E. Nettles, or otherwise, in the estate of D. D.
Nettles, deceased, and in the estate of Mrs. Amanda
Nettles, deceased".
J. H. Nettles? and wife, Bryd
Nettles; S. G. Nettles and wife,
Ammye? Nettles; H. P. Nettles
and wife, Hazel Nettles; Mrs.
Bertha Brown, joined by her
husband, G?. C.? Brown; Mrs. Lela
Clary joined by her husband, T. J.
Clary; Mrs. Pauline Akin, joined
by her husband, O. B. Akin; Mrs.
Bennie Sanders, joined by her
husband D. C. Sanders; Mrs. Bernice
Day joined by her husband, A. G.
Day, being all of the heirs at law
of D. D. Nettles and Mrs. Amanda
Nettles, both deceased.
STATUTORY FORM
Mrs. Nealie Nettles, "a feme sole"
Mae Swaidner, Notary
Public of Bowie County, Texas
2nd December, 1933.
Same 54 acres of land described on page "A" of this Abstract.
SPECIAL WARRANTY CLAUSE: The grantors herein warrant the title
"by, through or
under us".
#37 -- Page 170
Plaintiff's Petition to Remove Cloud
from Title.
Jan. 19th, 1934 -- Jan. 23rd, 1934
Nealie B. Nettles
Known heirs of Elias
White, Susan Creed, E. F.
Balthrop, Jr. and Mrs.
A. Fannie Balthrop.
IN THE DISTRICT COURT OF BOWIE COUNTY, TEXAS,
102ND JUDICIAL DISTRICT
HONORABLE JUDGE OF SAID COUNTY:
Now comes Mrs. Nealie B. Nettles, a feme sole, who
resides in Bowie County
hereafter called plaintiff, complaining of the unknown heirs of Elias white,
& Susan Creed, E. F. Balthrop, Jr., and Mrs. A. Fannie Balthrop, whose
residences are
to the plaintiff unknown, hereinafter styled defendants, and for cause of action
the sheriff represents to the court:
1.
That on or about the 2nd day of December, 1933, she was
lawfully seized
possessed? of the following described land and premises situated in Bowie
County,
and? holding the same in fee simple, to-wit:
(Being the same property described on page "A" of this Abstract)
2.
That on said day and year last aforesaid this plaintiff
was in peaceable
possession of said land and premises, and that the defendants herein have some
pur-
pose? or title to said land.
#38 -- Page 171
3.
Plaintiff would show to the court that she and those
under whom she claims,
have held peaceable, continuous and adverse possession under title from and
under the
state of Texas to the lands and atonements above described for more than
three
years before the commencement of this suit, and this she is ready to verify.
4.
Plaintiff would show the court that she and those under
whom she claims now
has and has had adverse possession and actual enclosure of the land and
tenements
herein above described, cultivating, using and enjoying the same for more than
tn
years before the commencement of this suit, and this she is ready to verify.
5.
Plaintiff further alleges that she and those under whom
she claims have
held and enjoyed continuous, peaceable and adverse possession of the above
described
land for more than twenty-five (25) years before the commencement of this suit,
and this she is ready to verify.
Wherefore premises considered, plaintiff prays the
court that the defendants
be cited as the law directs to appear and answer herein, and that upon final
trial
she have judgment for the title and possession of the above described land and
premises and that she be quieted in her title and possession, and for all other
and
further relief, both in law and in equity, that she is justly entitled, to.
Spivey & Levee, Attorneys for Plaintiff
The State of Texas
County of Bowie
Before me, the
undersigned authority, on this day personally appeared Mrs.
Nealie B. Nettles, plaintiff in the above cause, and who being by me duly sworn
said
that she is the owner of the property described in the foregoing petition and is
entitled to the possession thereof, and that the facts set forth in the
foregoing
petition are true and correct.
Nealie B. Nettles.
Subscribed and sworn to before me this the 19th day of January, A. D. 1934.
J. Fred Hoffman, Notary Public,
Bowie County, Texas.
#39 -- Page 172
Affidavit
Plaintiff, Nealie B.
Nettles
Jan. 19th, 1934 -- Jan. 23rd, 1934
No 19631-A
Versus
Know Heirs of Elias
White, Susan Creed, E. F.
Balthrop Jr., and Mrs. A.
Fannie Balthrop.
IN THE DISTRICT COURT OF BOWIE COUNTY, TEXAS,
102ND JUDICIAL DISTRICT
The State of Texas
County of Bowie
Nealie B. Nettles being duly sworn says that the
heirs of Elias White,
Susan Creed, E. F. Balthrop Jr., and Mrs. A. Fannie Balthrop are to her unknown
and
that she does not know the address; wherefore she prays that the defending
be
cited by publication.
Nealie B. Nettles
Subscribed and sworn to before me this 19 day of January, A. D. 1934.
J. Fred Hoffman, Notary Public
Bowie County, Texas
#40 -- Page 173
Citation by Publication
Jan. 23rd, 1934 -- Mar. 18th,
1934
Nealie B. Nettles
NO. 19631-A
VERSUS
Unknown Heirs of Elias
White, Susan Creed, E. F.
Balthrop, Jr., Mrs. A.
Fannie Balthrop.
The State of Texas
To the Sheriff or any Constable of Bowie County, GREETING:
YOU ARE HEREBY COMMANDED TO SUMMON, the Unknown heirs of Elias White,
Susan Creed, E. F. Balthrop, Jr., and Mrs. A. Fannie Balthrop, 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 your County, to appear at the next
regular
term of the District Court of Bowie County, Texas, 102nd Judicial District, to
be
holden at the Court House thereof, in Boston, Texas, on the Second Monday in
March,
A. D. 1934, the same being the 12th day of March, A. D. 1934, then and thereto answer
a petition filed in said Court on the 23rd day of January, A. D. 1834, in a suit
numbered on the docket of said Court No. 19631-A, wherein Mrs. Nealie B.
Nettles, a
feme sole, is plaintiff, and the Unknown heirs of Elias White, Susan Creed, E.
F.
Balthrop, Jr., and Mrs. A. Fannie Balthrop, are Defendants, and said petition
alleg-
ing that on or about the 2nd day of December, 1933m she was lawfully seized
and
possessed of the following described land and premises situated in Bowie County,
Texas, holding the same in fee simple, to-wit:
(Being the same land described on page "A" of
this Abstract)
That on said day and yea last aforesaid this plaintiff
was in peaceable
possession of said land and premises, and that the defendants herein have some
pur-
ported claimer to title to said land.
#41 -- Page 174
Plaintiff would show to the Court that she and those
under whom she claims,
have held peaceable, continuous and adverse possession under title from and
under
the State of Texas to the lands and tenements above described for more than
three
years before the commencement of this suit, and this she is ready to verify.
Plaintiff would show the Court that she and those under
whom she claims
now has and has had adverse possession and actual enclosure of the land and tene-
ments herein above described, cultivated, using and enjoying the same for more
than
ten years before the commencement of this suit, and this she is ready to verify.
Plaintiff further alleges that she and those under whom
she claims have held
and enjoyed continuous, peaceable and adverse possession of the above described
land
for more that twenty five (25) years before the commencement of this suit, and
this
she is ready to verify.
Therefore premises considered, plaintiff prays the
Court that the defendants
be cited as the law directs to appears and answer herein, and upon final trial
she have judgment for the title and possession of the above described land and
premises and that she be quieted in her title and possession, and for all other
and
further relief, both n law and in equity, that she is justly entitled to.
Herein Fail Not, but have before said Court, at its
aforesaid next regular
term, this writ with your return thereon, showing how you have executed the
same.
WITNESS D. D. Simmons, Clerk of the District Court of
Bowie County, Texas,
this the 23rd day of January, A. D. 1934.
D. B. Simmons, District Clerk
Bowie County, Texas.
Mae Wood Reed, Deputy
#42 -- Page 173
Sheriff's Return
Jan. 23rd, 1934
Nealie B. Nettles
No. 19631-A
VERSUS
Unknown Heirs of Elias White,
and Susan Creed, E. F. Balthrop
Jr., and Mrs. A. Fannie
Balthrop.
IN THE DISTRICT COURT OF BOWIE COUNTY, TEXAS,
102ND JUDICIAL DISTRICT
Came to hand on the 23 day of January, A. D. 1934 at
10 o'clock A.M., and
executed the within Citation by publishing the same in the Bowie co. News a
newspaper
published in the County of -- once in each week for four successive weeks
previous to the
return day hereof. Said publication was made respectively on the 1, 8, 15 and 22
days
of February, A. D. 1934, and a printed copy thereof is returned herewith.
G. H. Brooks, Sheriff,
Bowie County, Texas.
#43 -- Page 176
Proof of Publication
Mar. 9th, 1934
Nealie B. Nettles
No. 19631-A
VERSUS
Unknown Heirs of Elias White,
and Susan Creed, E. F. Balthrop
Jr., and Mrs. A. Fannie
Balthrop.
IN THE DISTRICT COURT OF BOWIE COUNTY, TEXAS,
102ND JUDICIAL DISTRICT
The State of Texas
County of Bowie
Before me, the undersigned authority, on this day
personally appeared Harvey
Miller know to me, who, being by me duly sworn, on his oath deposes and says,
that he
is the publisher of the Bowie County News, a newspaper published in said County;
that a
copy of the within and foregoing legal notice was published in said newspaper
for at
lest four issues before the return day named therein, such publication being on
the
following dates: Feb. 1m 8, 15, 22, A.D. 1934, and a newspaper copy of
which is here-
by attached.
Harvey Miller
Sworn to and subscribed before me, this 9th day of March, A.D. 1934.
J. P. Looney, Notary Public,
Bowie County, Texas.
#44 -- Page 177
Defendants' Answer by Attorney Ad Litem.
Mar. 17th, 1934
Nealie B. Nettles
No. 19631-A
VERSUS
Unknown Heirs of Elias White,
and Susan Creed, E. F. Balthrop
Jr., and Mrs. A. Fannie
Balthrop.
IN THE DISTRICT COURT OF BOWIE COUNTY, TEXAS,
102ND JUDICIAL DISTRICT
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes the defendants in the above entitled and
numbered cause and demur
to plaintiff's petition and say that the same is insufficient in law; wherefore
they
pray judgment of the court.
And for answer herein the defendants deny all and
singular the allegations in
plaintiff's petition and demand strict proof of the same. Wherefore they
pray judgment
of the court.
J. Fred Hoffman;
Attorney for Defendants.
#45 -- Page 178
Statement of Facts
March Term, 1934 --- Mar. 17th 1934
Nealie B. Nettles
No. 19631-A
VERSUS
Unknown Heirs of Elias White,
and Susan Creed, E. F. Balthrop
Jr., and Mrs. A. Fannie
Balthrop.
IN THE DISTRICT COURT OF BOWIE COUNTY, TEXAS,
102ND JUDICIAL DISTRICT
BE IT REMEMBERED on the trail of the above entitled
and numbered cause the
plaintiff introduced in evidence the citation by publication with the return of
the officer thereon, and also introduced the deed from I. S. Few and wife, A.
Fannie
Few, to D. D. Nettles, dated December 14, 1901, and recorded in Volume 56, Page
319
of the Deed Records, of Bowie County, Texas, also a deed from Jane Landrum to D.
D.
Nettles, dated February 4, 1896, and recorded in Volume 32m page 488, Deed
Records
of Bowie County, Texas. Also introduced oral testimony of W. L. Nettles,
who testifi-
fied that he is the son of D. D. Nettles, deceased and that they had been
in
peaceable possession of the land herein for more than 25 years, and that the
title
has never been questioned and no other person has ever mad any claim or
ownership
to said land.
The Plaintiff introduced in evidence the deed from W.
L. Nettles and others
to Mrs. Nealie B. Nettles to the land described in Plaintiff's petition.
E. Newt Spivey
Attorney for Plaintiff.
J. Fred Hoffman
Attorney for Defendants
Approved:
R.J. Williams, Judge 102nd.
District Court of Bowie County, Texas.
#46 -- Page 179
District Court Judgment
Mar. 17th, 1934
3 163 of the District Court
Nealie B. Nettles
No. 19631-A
VERSUS
Unknown Heirs of Elias White,
and Susan Creed, E. F. Balthrop
Jr., and Mrs. A. Fannie
Balthrop.
IN THE DISTRICT COURT OF BOWIE COUNTY, TEXAS,
102ND JUDICIAL DISTRICT
At a regular term of this court this cause came on regularly to be heard, and
it
appearing to the court that the unknown heirs of Elias White, Susan Creed, E.
F.
Balthrop, Jr., and Mrs. A. Fannie Balthrop, the defendants in this cause, having
been duly cited by publication and that they have not filed an answer herein
within
the time prescribed by law, J. Fred Hoffman, Esq., an attorney at this bar, is
hereby appointed to defend this suit on behalf of said unknown heirs of Elias
White,
Susan Creed, E. F. Balthrop, Jr., and Mrs. A. Fannie Balthrop, who thereupon
filed
an answer in said cause and both parties announced ready for trail; a jury
being
waived the matters of law as well as of fact were submitted to the court and
after
hearing the evidence and argument of counsel, the court is of the opinion that
the
allegations in plaintiff's petition are sustained.
It is therefore, considered, ordered, adjudged and
decreed by the court that
the plaintiff, Mrs. Nealie B. Nettles, recover of the defendants, the unknown
heirs
of Elias White, Susan Creed, E. F. Balthrop, Jr., and Mrs. A. Fannie Balthrop,
the
land and premises described and bounded as follows:
(Being the same land described on page "A" of
this Abstract.)
For which she may have her writ of possession and all
costs in this behalf
expended, for which she may have her execution.
it is further ordered by the court that execution may
issue in favor of the
officers of the court against each of the parties hereto for all costs incurred
by
them respectively.
#47 -- Page 180
Certified Copy of Judgment
Mar. 17th, 1934 -- Mar. 23rd, 1934
149 227 of the Deed
Nealie B. Nettles
No. 19631-A
VERSUS
Unknown Heirs of Elias White,
and Susan Creed, E. F. Balthrop
Jr., and Mrs. A. Fannie
Balthrop.
Certificate of true copy by D. B. Simmons, Clerk District
Court, Bowie County, Texas, Mar. 17th, 1934.
The same instrument as shown by page #46 of this Abstract.
Page 181
Fifteen 33 47
"A"
16th day of November, A. D. 1933 at 5 o'clock P.M.
Mrs. Nealie B. Nettles
23d March 34 5 P
Page #1 1078
All that certain lots, tract of parcels of land situated in Bowie
County, Texas, about nine Miles S.W. from the city of Texarkana, Texas,
a portion of the Ann Hale Survey, and being more particularly
described as follows:
All of bots or blocks numbered forty three (43) and forty four (44)
of Krouse Subdivision of what is know as the Payne Lands in Bowie County,
Texas, as per recorded plat of said subdivision of record in Vol. 40,
at page #84, Plat records of Bowie County, Texas. Said blocks containing
in the aggregate 103 acres of land.
Page
#2
1079
General Warranty Deed
Nov. 18th, 1921 -- Dec. 19th, 1921
100 361 of the Deed
Leo Krouse
wife
Ether Krouse
$200.00
paid, and fourteen notes for the sum
of $100.00 each, due and payable in 1, 2, 3, 4, 5, 6,
7, 8, 9, 10, 11, 12, 13 and 14 years after date, and
bearing interest at the rate of 6% per annum from date.
And one note for the sum of $50.00, due 15 years after
date, and bearing interest at the rate of 6% per annum
STATUTORY FORM
Charles Creed
C. C. Bounds, Notary Public
of Bowie County, Texas,
2nd November,
1921.
Same Property described on page #1 of this abstract.
Page
#3
1080
General Warranty Deed
Oct. 25th, 1933 -- Nov. 28th, 1933
148
382 of the Deed
Mrs. Vada Elliott, joined
by her husband, J. D.
Elliott; H. H. Creed; Mrs.
Oma Staggers, joined by
her husband, J. H. Staggers;
Mrs. Ora Chapman, joined
by her husband, Tom Chapman;
Mrs. Lula Young, joined by
her husband, H. C. Young;
Bob Creed; and H. G. Greed.
$1.00 Paid, and the further
consideration that
the grantee herein assumes and agrees to pay off and
discharge all outstanding liens against the property
hereinafter described.
STATUTORY FORM
Mrs. Dora Creed
SEE BELOW,
Same property described on page # 1 of this abstract.
NOTE: The grantor J. D. Elliott is shown in the
heading of said deed as J. E. Elliott,
but is signed and acknowledged as J. D. Elliott, husband of the said
Vada Elliott.
ACKNOWLEDGEMENTS:
The acknowledgement of J. D. Elliott and wife, Vada
Elliott, taken before A. H. Bewley,
Notary Public of Caddo Parish, La., on the 10th day of October, A. D.
1933;
The acknowledgement of H. H. Creed taken before P. D. Barzza, Jr.,
Notary Public of
Harris County, Texas, on the 6th day of November 1933;
The acknowledgement of J. H. Staggers and wife, Oma Staggers, taken
before Jas. C. Mahon
Notary Public of Childress County, Texas on the 18th day of November, A.
D. 1933;
The acknowledgement of Tom Chapman, and wife, Ora Chapman, and Bob Creed
taken before
E. T. Page, Notary Public of Bowie County, Texas, on the 26th day of
October, A. D. 1933;
The acknowledgement of H. C. Young and wife, Mrs. Lula Young, taken
before Grace S.
Thomas, Notary Public of Brossier Parish, La., on the 9th day of
November, A. D. 1933;
The acknowledgement of H. G. Creed, taken before P. D. Barzza, Jr., on
the 6th day of
November, A. D. 1933.
1081
15th day of March, A. D. 1917
Mrs. Dora Creed
28th November, 33 5 P
State of Texas
County of Bowie
We, The Texarkana Abstract Company, hereby
Certify that we have examined the records of Bowie County, Texas,
in re, 103 acres of land of the Ann Hale H. R. Survey, now
shown of record in the name of Charles Creed.
Said land described as follows:
All that certain - lots,
tracts or parcels of land
situated in Bowie County, Texas, about nine miles S. W. from
the city of Texarkana, Texas, a portion of the Ann Hale H. R.
Survey and being more particularly described as follows:
All of lots or blocks
numbered forty three (43) and
forty-four (44) of Krouse Subdivision of whit is know as the
Payne Lands in Bowie County, Texas, as per recorded plat of
said subdivision of record Vol. #40, at page #84, Plat
Records of Bowie County, Texas. Said blocks containing in
the aggregate 103 acres of land.
That from such examination we
find the title to same to
be as follows:
Charles Creed acquired this
property from Leo Krouse,
and wife, on 18th day of November, 1921, as shown of record in
Such instrument retaining a vendor's lien to secure the payment
of fourteen notes for the sum of $100.00 each, due and payable
1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 years after
date, and one note ofr the sum of $50.00 due 15 years after
date.
Except as above shown we have
discovered no conveyances,
liens, suits, judgments, oil and gas leases or mineral deeds
affecting the title to the above described property.
It is understood, however,
that search is made only
as to the record owner, Charles Creed, and this certificate covers
only such transactions made by him. No search being made of
the title prior to the time, it was acquired by said Charles Creed.
Witness our hands this the
1st day of April, A. D. 1924.
Texarkana Abstract Company,
Per, signed: unknown name, Secty-Treas.
THERE ARE 3 ATTACHED ABSTRACT PAGES TO DIFFICULT TO
READ:
Page 13, 14 15
#A -- 607
Apart of the Ann Hale H. R. Survey, situated in Bowie
County, Texas
Abstract No. 273, and described by metes and bounds as follows:
BEGINNING at the N. W. corner of said Hale Survey;
THENCE South with the W. B. Line of same 823 feet to a
stake for corner;
THENCE East 1661 feet to the W. B. Line of a 286 acres
tract known
as the Elias White Homestead tract, in all East 2858 feet to a stake
in the W. B. Line of a tract of land now owned by Bud Green;
THENCE West with the N. B. line of said Survey 2858
feet to the place
of beginning, containing 54 acres of land.
NOTE: Field notes furnished by P. J. Blocker,
Surveyor.
END
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