Suit against AC Norment for Abandonment

Date: [unknown] [unknown]
Location: San Saba County, Texas
Surnames/tags: Houston Norment

Public notice of suit against AC Norment, provides proof of family members

Monday in October A. P. 1929, the same being the 21st. day of October A. D. 1929, then and there to answer a petition filed in said Court on the 18th day of September A. D. 1929, in a suit, numbered on the docket of said Court No. 2682, wherein R. W. Houston; C. M. Houston; T. A. Houston; Michael Houston, Individually and as Independent Executor under the Will of Sarah E. Houston-Norment, deceased; Ada Willbern, joined pro forma by her husband, H. K. Willbern ; Nora Arrott, joined pro forma by her husband, Jim Arrott; Dovie Galley, joined pro forma by her husband, T. C. Galley are Plaintiffs, and Vida Ratliff and her husband, Lon Ratliff, who reside in Llano County, Texas and A. C. Norment, if living, and if dead, the Unknown heirs of said A. C. Norment, names and residence of whom have alleged to be unknown to plaintiffs are Defendants, and said petition alleging that on or about the 1st. day of September, A. D. 1929, plaintiffs were jointly and lawfully seized and possessed of the following described lands and premises, situated in San Saba County, Texas, holding and claiming the same in fee simple, towit:

That on or about the 1st. day of September A. D. 1929, defendants unlawfully entered upon said premises and ejected plaintiffs there from and unlawfully withhold from them the possession thereof to their damage Forty Thousand Dollars; that the reasonable annual rental value of said land is Three Thousand Dollars; Plaintiffs pray that Citation duly issue and that plaintiffs have judgment for the title and possession of said above described lands and premises, for their Writ of Rescent and distribution succeeded to his estate, same being the community estate of himself and surviving wife aforesaid, and is the 820 acre tract of land first above described; also about 150 head of cattle, and about — head of horses; and about ¥ ................ In money, the exact number and amount of money plaintiffs are unable to allege, and that no community debts existed against said estate; that his said surviving widow, remained single until about the 16th. day of January 1887, upon which date she was married to defendant, A. C. Norment, with whom she lived as his wife until about the — • — day of December, 1887, when the said A. C. Norment abandoned his said wife, and left San Saba County, and has never been heard of since his said departure; that he was then about sixty years of age and has long since legally been presumed to have died; that shortly after his said departure, early in the year of 1888, there was born as the issue of said marriage a daughter, to-wit: the defendant, Vida Norment, now the wife of defendant Lon Ratliff, and that so far as plaintiffs know and believe that said Vida Ratliff is the only child and heir of him, the said A. C. Norment; that at the time of said marriage said Norment owned no property and that none was accumulated by him and his said wife during their cohabitation as aforesaid and that there was no community property during said marriage created or owned by them and that he owned no property when he left; that the only property acquired by his abandoned wife prior to the expiration of said seven years from the last time he was heard of was the 467 V\ acre tract of land bought from the State as School land by her, the said Mrs. S. E. Norment, known as Abstract No. 2032, Cert. 2, Sur. 7, awarded to her on Jan. 30, 1894, and patented on May 20, 1917, to her. And 116 acres, Abstract No. 805, Cert. 120, Sur. 108, originally granted to J. Kraetzer, conveyed to the said Mrs. S. E. Norment by James Burleson and wife, February 6, 1891, recorded in Vol. W. page 370, said deed records. That both said tracts of land were purchased and paid for by the said S. E. Norment with proceeds of the sales of personal property and the rents revenues and leases of the real estate belonging to the community estate of the said J. T. Houston, dec'd and Mrs. Sarah E. Houston, thereby becoming the joint property of her the said Sarah E. Houston and heirs of J. T. Houston, dec'd. That J. T Houston, jr. died intestate, owing no debts and without administration about 27th day of Jan. 1912, that he had never married and left surviving as his only heirs his mother, the said Sarah E. Houston Norment and his brothers and sisters of the whole blood, plaintiffs, and defendant, Vida Norment, his half sister and at the time of his death aforesaid he owned the following tracts of land situated in San Saba County, Texas; .......... That he left certain personal property, horses, cattle and money, a better description thereof plaintiffs are unable to allege and that all said property descended to his heirs aforesaid under the law of descent and distribution. Plaintiffs further allege that the remainder of said real estate described in their, said petition in their suit in form of trespass to try title herein were purchased and paid for by Sarah Houston-Norment with the proceeds of the sale of the personal property of the Community estate of her self and the personal property of her said son, J. T. Houston, Jr. and the leases, rentals and revenues of the real estate belonging to said estate that of her said son, J. T. Houston, Jr. all of which is set out in said petition. That the said Sarah E. Houston- Norment departed this life on or about the 9th day of March 1920, leaving her will dated Dec. 4,1925, duly probated in the County Court of San Saba County Texas, and naming plaintiff Mike Houston as Executor without bond, duly qualified as such and is in possession of all said property; that under a codicil to said will defendant Lon Ratliff was named as joint Executor, but having who having failed to furnish bond there under, was unauthorized to qualify as such; that the said Sarah E. Houston-Norment remained single until the date of her death, and left surviving as her only children the four boys and the, three girls named as plaintiffs herein and the defendant, Vida Ratliff all of whom were beneficiaries under said will, the petition alleging their respective bequests and setting out respective interests owned jointly in all of said property in proportions therein described, together with the bequests to each child, and that n one else has any interest in said property sought to be partitioned herein, praying for service as herein above set out and for judgment, for the partition and division of all said property; that commissioners be appointed and a writ of Partition issued and for possession of their respective portions as ascertained and declared by the Court to each of the parties to this suit, respectfully; and if found to be impracticable to partition said real estate, that same be ordered sold to the highest bidder for cash, or for part cash, ami balance on terms, at the highest legal rate of interest, either at public or private sale, provided a minimum price therefore be determined by the Court, and that the Executor named, or some other suitable person, be appointed commissioner to sell said property under order of Court, and the proceeds paid into Court to be distributed under the Court's direction to each party respectively; and that the Court decree defendant, A. C. Norment as having departed this life after the expiration of seven years from the date last heard of, as the proof may show, and for such other and further relief, special and general, in law and in equity, that plaintiffs may show themselves entitled to, etc. 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. Given Under my Hand and the Seal of said Court, at office in San Saba, Texas, this, the 18th day of September A. D. 1929, Eddie Williams Clerk, District Court, San Saba County. 38-4x