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HomeMy WebLinkAboutMisc BRAZOS COUNTY ROAD AND BRIDGE DEPARTMENT Richard F.Vance,P.E.,County Engineer Randy Sims,County Judge Lloyd Wassermann,Commissioner Precinct 1 Kenny Mallard,Commissioner Precinct 3 Duane Peters,Commissioner Precinct 2 Carey Cauley,Commissioner Precinct 4 February 4, 2008 Mark Homeyer 1600 Peach Crossing Drive College Station, Texas 77845 Subject: Final Plat of Peach Crossing Phase Two 29.56 Acres, Tract 16, S.D. Smith Survey, A-210 City of College Station ETJ, Brazos County, Texas Dear Mr. Homeyer: On Tuesday, January 15, 2008, the Brazos County Commissioners' Court discussed and approved the subject plat with exception to the following requirement: Add certificate with appropriate acknowledgement for County Judge's signature. If further information is required please contact us at (979)822-2127. Sincerely, Richard F. Vance, P.E. County Engineer Peach Crossing Ph 2-final plat cc: Commissioner Lloyd Wassermann, Pct 1 Office File(s) 2617 Highway 21 West Bryan,Texas 77803 Office(979)822-2127/Fax(979)775-0453 . Cw02- MWM DIST" Cr , Voc.W j 3 , NO. 15408 �!R. M. DANSBY," ET AT. I IN THE DISTRICT COURTJ. !I , Irs. OF P. P. PRESCOTT, ET AL I • BRAZOS COUNTY, TEXAS ,tl� =r It appearing to the Court that James C. Mimkert, Pattie Caddess and husband, J. H... , 'Caddess, William F. Minkert, Frances W. Poindexter and husband, John W. Poindexter, Mrs. Rubyl I 01 ; � 4. (Powell and husband, Fred Howell, T. H. Symms, W. P. -"1 I Symms, Pearl W. Weddington and husband, �TT. A. Weddington, Mrs. Margaret H. Husdon, a widow, Louis F. Symms, Mrs. Iva Chastang, a 1 -{ t''°Y Widow, R. V. Symms. Bertram Mike, Mrs. Fannie Mike, a widow, Sydney Appling, Mrs. Lorena i. q (` Greer, Mrs. Lenore W. Nagle. a widow, Janice Mike Lott and husband, F. Lott, Mrs. ' . J. Q ;','errebone, a widow, Mrs. Kathleen McMichael Barnaby, a widow, W. N. Ross, Mrs. Hester Lee i Bennett and husband, Cecil Bennett, G. F. Jones, Mrs. Rita S. Kerr and husband, E. W. Kerr, 1 ;Susan Ford and husband, Henry Ford, Roxie Roberson and husband, Roy Roberson, T. C. Symms, ht U. C. Taliaferro, C. G. Parsons, Tom Daly, J. B. Mike, A. M. Rhodes, J. N. Cole, V. B. Hudson) John B. Daley, J. A. Chew, C. W. McMichael, M. Nagle. C. Stoddard, Clyde H. Crockett, R. J. ' 1 poems, W. K. Sims, W. K. Symes. and the unknown heirs and legal representatives of each and 1111 of whom who may be deceased, as well as all other persons claiming any title, or interest4 in the lands and premises described in Cross-Plaintiffs Answer and Original. Petition on file 'h.orein, Cross-Defendants in this Cause, have been duly cited by publication, and that neither o1f said Cross-Defendants have appeared or filed an answer herein within the time prescribed li jby law, it is therefore ordered on this 25th day of January, A. D. 1960, that D. B. Cofer, I. an attorney of this Court. be, and he is hereby, appointed to defend this suit in behalf of the said aforementioned Cross-Defendants, and each of them. /s/ Sam Johnson udge Presiding • xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx NO. 15408 11 R. M. DANSBY, FT AL I IN THE DISTRICT COURT OF 1' VS. P. P. PRESCOTT, FT AL I BRAZOS COUNTY, T F X A S1111 ifOn this the 25th day of January. A. D. 1960. at a regular term of Court came on to be heard the above eptitled and numbered cause wherein P. P. Prescott. S. L. Boatwright and Travis B. Bryan, Independent Executors and Trustees of the Estate of Mrs. Leila Law Boatwright , Deceased, Mrs. Aline Rhodes Cole, joined by husband, R.E. Cole, David Crockett, Jack L. Crockett, Mrs. Willie Crockett, a widow, William D. Bible, and Mrs. Barbara Bible Michalke, ;joined by husband Walter F. Michalke, are Cross-Plaintiffs and R. F. Dansby, Sr., and R. E. Dansby, Jr., Independent Executors and Trustees under the will and of the Estate of R. M. it Dao by, Deceased, Henry N. Rohde and wife, Mary C. Rohde, Ella )Nicol Emmel, a widow, R. J.';' Cole, Individually and as Trustee for Mrs. Hazel A. Astin, Mrs. R. C. Johnson, J. W. Batts, Jr., Birch Ridge Land Company, being one and the same organization as Burks Ridge Hunting Club, an unincorporated association of which W. C. Breazeale, J. A. Orr, G. W. Schlesselman, t. W. Ivy, and E. A. Bolick are the duly elected Trustees thereof, for itself and in behalf as of Mrs. Dora Symms. sometimes known as Syms, and sometimes known/Sims, a widow, Gilbert W. Symms. Jimmie Syms, Mrs. Lillian Rice and husband, Tommie Rice, Mrs. Velma Worbington and Busband Sydney Worbington all of Brazos County. Texas, W. I. Chenault, Mrs. Mable Bradley11 , Margaret H. Wallace, a widow. Gus Bradley, Mrs. Lorena Greer, a widow. P. A. Watson, M. E. allace, Jr., W. Woodrow WallaQe, Mrs. Madge Nettles Wallace, a widow, Thomas Emmett Wallace, ; r., of Brazos County. Texas, F. T. Daly and B. J. Daly of Galveston County, Texas. J. D. 1 i 1 • e1VIL MSA/ • pisr cr, VOL. W 4 • Daly, Mrs, Manly Cantor, a widow, of Harris.County, Texas, Hattie Lou Evans and husband, e Wayne Evans, of E1 Paso County, Texas, Arthur Moore of Travis County, Toxas, Mrs, Winnie [I: ' II Martin and husband, John Martin, of Milam County, Texas, H. C. Taliaferro of Robertson 5 VCounty, Terns, as well as Merle Hudson and husband Ran Hudson, Helen Montgomery and husband f John Montgomery, James C, Minkert, Pattie Caddess and husband J. H. Caddoss, William F. ggg i Nnkort, Frances W. Poindexter and husband John W. Poindexter, Mrs. Ruby Howell, and husband i; Fred Howell, T. II, Symms, W, P. Symms, Pearl W, Waddington and husband H, A, Waddington, Mrs, • Margaret H, Hudson, a widow, Mrs. Alma Hyatt and husband Aulsie Hyatt, Louis F. Symms, Mrs, u Tva Chastang, a widow, R, V. Symms, Bertram ;like, Mrs. Fannie Mike, a widow, Sydney Appling, Mrs, Lenore W. Nagle, a widow, Janice Mike Lott and husband F. Lott, Mrs. R, J. Terrebone, ( a widow, Mrs. Kathleen McMichael Barnaby, a widow, W. N, Ross, Mrs. Hester Lee Bennett and 1 Ohushnnd Cecil Bennett, C. F. Jones, Mrs, Rita M. Kerr, and husband E. W. Kerr, Susan Ford Land husband Henry Ford, Roxio Roberson and husband Roy Roberson, T. C, Symms, W. C. Ta11a- I' ferro, C. C. Parsons, Tom Daly, J. B. Mike, A. M. Rhodes, J. N. Cole, V. B, Hudson, John pB. D„loy, J. A. Chew, C. W, McMichael, M. Nagle, C. Stoddard, Clyde H. Crockett, R. J. Dooms! W. K, Sims, W. K. Symes, and the unknown heirs and legal representative of each and all of i iwhom who may be deceased, as well as all other persons claiming any title, or interest, in 4 rthe lands and premises hereinafter mentioned, are Cross-Defendants, and came the Cross- CgL I 1Plaintiffs in person and by their attorney or record and announced ready for trial and came the Cross-Defendants R. E. Dansby, Sr., and R. R. Dansby, Jr., Independent Executors of the 1 • wthe Estate of R. M. Dansby, Deceased, Henry N. Rohde and wife, Mary C, Rohde, Ella Nicol li Emmel, a widow, R. J. Cole, Individually and as Trustee for Mrs. Hazel A. Astin, Mrs. P. C. Johnson, J. W. Batts, Tr., and the Birch Ridge Land Company, same being Birch Ridge VAssociation, sometimes known as Burks Ridge Hunting Club, E. T. Daly and C. J. Daly of H �Calveston County, Texas, J. D. Daly, Mrs, Mamy Canter and husband Y. D. Canter, of Harris %. P (County, Texas, Arthur Moore of Travis County, Texas, Mrs. Winnie Martin and husband John j bMartin, of Milam County, Texas, ind H. C. Taliaferro of Robertson County, Texas, who are the original Plaintiffs (except B, E, Dansby, Sr„ and R. R, Dansby, Jr., Executors of the , Hstate of R. M. Dansby, Deceased, have been substituted for the said R. M. Dansby) in person . sand by and through their attorney of record and announced ready for trial, and came the Cross- fnefendants W. I, Chenault by and through his attorney of record and announced ready for a I atrial, as well as did appear the Cross-Defendants Hattie Lou Evans and husband, Wayne Evans 5by and through their attorney of record and announced ready for trial, and the Cross- e Defendants Alma Hyatt, Aulsio Hyatt, Mrs. Mablo Bradley, Cus Bradley, P. A. Watson, Merle Hudson, Dan Hudson, Helen Montgomery and John Montgomery although having been duly served Rw.ith citation to appear herdn an answer to said Cross-Plaintiffs! Petition, came not, but wholly made default, and the Cross-Defendants James C. Minkert, Pattie Caddess and husband, 1.J. H, Caddess. William F. Minkert, Frances W. Poindexter and husband John W. Poindexter, MrEj. Ruby Howell and husband, Fred Howell, T. H. Symms, W, P. Symms, Pearl W. Waddington and phusband, H. A. Waddington, Mrs. Margaret H, Hudson, a widow, Louis F. Symms, Mrs, Iva Chastar)g, ha widow, R. V. Symms, Bertram Mike, Mrs. Fannie Mike, a widow, Sydney Appling, Mrs. Lorena !Greer, Mrs, Lenore W. Nagle, a widow, Mrs. Janice Mike Lott and husband, E.Lott, Mrs. R. J. Terrebone, a widow, Mrs. Kathleen McMichael Barnaby, a widow, W. N. Ross, Mrs. Hester Lee Bennett and husband, Cecil Bennett,. C, F. Jones, Mrs. Rita S. Kerr Ks and husband E. W. Kerr, s' pSusan Ford and husband, Henry Ford, Roxie Roberson and husband Roy Roberson, T. C. Symms, W. «s. C. Taliaferro, C. C. Parsons, Tom Daly, J. B. Mike, A. M. Rhodes, J. N. Cole, V. B, Hudson, 1John D. Daley, J. A. Chew, C. W. McMichael, M. Nagle, C. Stoddard, Clyde 11. Crockett, It, J. Deems, W. K. Sims, W, K. Symes, and the unknown heirs and legal representatives of each and /V/L M/M Di5r cr 1 VOL,w .Wa 5 Fi • all of whom who may be deceased, as well as all other presons claiming any title, or interest, iin the lands and premises hereinafter mentioned, although having been duly cited by . 3 'publication to appear herein to answer to said Cross-Plaintiffs' Petition, said citation 'i having been issued and served in the form, manner, and for the length of time required by law, came not, save by and through their attorney of record duly appointed by this Court to jlappear an answer herein for each of such Cross-Defendants so cited by publication, and , jannounced ready for trial, and a jury having been waived with all matters of fact, as well . �j as of law, having been submitted to the Court for determination, the Court, after hearing I? �ithe pleadings, the evidence and argument of counsel is of the opinion and finds that all parties and/or P / persons owning or claiming any interest in the lands and promises described �! : in Plaintiffs' Original Petition herein, as well as Cross-Plaintiffs' Answer and Petition '; filed in this Court on November 20, 1959, are properly before this Court, and the Court being of the opinion and so finding that the statements and allegations contained in the said Creel- I% Plaintiffs' said answer and Petition are true and correct, save that as to the undivided interest owned and held in the hereinafter mentioned 800 acres tract by R. E. Danaby, Sr., and R. E. Dansby, Jr., independent Executors and Trustees under the will and of the Estate il it of R. M. Danaby, Deceased, Cross-Defendants, is 1385/2400 thereof, subject to the ownership r !I therein such interest in the minerals and mineral rights as alleged in said Cross-Plaintiffs" ' Petition, and the interest of the Cross-Plaintiff P. P. Prescott in and to said 800 acres tract of land is 563/2400 thereof, subject to the ownership therein such interest in the I minerals and mineral rights thereunder as set forth in said Cross-Plaintiffs' Petition, and II ii the interest of tho Cross-Defendant W. I. Chenault in and to said 800 acres tract is 7/120 thereof, subject to the ownership therein of the Cross-Defendant Roxie Roberson, of one- I1;,' ;half tho minerals and mineral rights in and to 1.11 acres thereunder said W. I. Chenault j p interest, with the said Roxio Roberson owning and holding no other interest in the lands 11 and permised involved in this suit; and that the said Cross-Plaintiffs are entitled to a I' detormination of the interest of the parties hereto this cause in and to the said lands, as I well as for partition of the lands and minerals in said 800 acres tract; It is therefore II 'ordered, adjudged and decreed that the hereinafter described land, to-wit: li All that certain tract or parcel of land, situated in the S. D. Smith League in jt razes County, Texas, h BEGTNNING on the West bank of the Navasota, River at a point 110 yaras north from the S. E. corner of the S. D. League; li THENCE South 110 varas and corner with the S. E. corner of said league; THENCE West with the league line 3863 varas and corner with the S. E. corner of an 831 acre tract reserved by W. K. Symms, a stake from which a post oak 4 inches in ' diameter marked H. Bears N 75 W 6 varas; another 18 inches in diameter marked H bears�i, N 35 W 12-i varas; THENCE North with the East line of the said 831 acre tract, 538 varas and corner with the N. E. corner of same, a stake from which a P. 0. 28 in. in diameter bears (Markedl H) S 20 W 10-3/4 varas, another 12 inches in dia, marked H. bears N 6 F. 12 varas; ti THENCE West with the North line of the said 831 acro tract 550 varas and corner with 'i the N. ,W. corner of same in the center of tho Millican and Sulphur Springs Road, a stake from which a P. 0. 12 Inches in dia. marked H. bears N. 47 F. 6 yarns, another 1 12 inches in diameter marked H. boars S. 26 E 121 yarns; THENCE with tho meanders of said road as follows: N 143/4 E 19 varas; N. 11i E 255 varas; N 13 E 197 varas, and corner with division corner of W. K. and James Symms, a stake from which a P. 0. 20 inches in dia marked H. bears S. 16 E 15 varas, another 20 inches in dia, marked H. bears S 511 E 14; varas; f I' THENCE East with said division line between W.K. and J. S. Symms tracts, 3940 yarns ' and corner with division corner betweed said W. K. and J. S. Symms tracts on the bank of the Navasota River and corner on a pig hickory marked H N 66 E 2varass and a pin oak 14 inches in dia, bears N 67 W 21 varas marked 11; THENCE down said river mid channel or same, with the meanders thereof to the place of ' BEGINNING, containing 800 acres of land. more or less, 11 the same being the indentical tract of land described in a deed from W.K. Symms, of uX • • • n , . e• f 1. CIIN.. MIA, I t/sr c7 :i . • vas, w 6 , Ito W. G. Taliaferro as recorded in Volume 27, Page 213 of the Deed Records of Brazos County, �Y Toxas, fi 'Ole, and the same is hereby, ordered and directed partitioned among the parties herein this Noause and in the following manner, to-wit: To the Cross-Plaintiff P,P.Prescott a 563/2400 part, or interest, out of which interest there III shall be set apart the following interest in minerals and mineral rights there- 1 under, to-wit; ri' To Cross-Plaintiffs Jack L. Crockett, Mrs. Willie Crockett and David Crockett 40 mineral acres; li To Cross-Defendant Margaret Houston Hudson 10 non-participating royalty acres , within and under a 40 acre tract of land; 1 To Cross-Defendant Hattie Lou Evans 10 non-participating royalty acres within and under a 40 acres tract of land; h! To Cross-Plaintiffs William B. Bible, Mrs. Aline Rhodes Cole and Barbara Bible Michalko 20 non-participating royalty acres within and under a 40 acres tract ' of land; To Cross-Plaintiffs S. L. Boatwright and Travis B. Bryan as Independent Executor 8 ',' and Trustees of the Estate of Mrs. Leila Law Boatwright, Deceased, 20 non- participating royalty acres within and under a 40 acres tract of land; �' MTo Cross-Defendants, R. F. Danaby, Sr., and R. E. Dansby, Jr., as independent Executors and I Trustees under the will and of the Estate of R. M. Dansby, Deceased, a 1385/24001 part, or interest, thereof out of which interest there shall be set apart the1. following interest in minerals and mineral rights thereunder to the following ' Cross-Defendants as follows; To J. W. Batts, Jr., 20 mineral acres; To Mrs, Rita Kerr 37 mineral acres; To Mrs. Ella Nicol Fmmel 7.85 mineral acres; To Mrs. Lenore Waldrop Nagle 40 mineral acres; i To W. N. Ross 20 mineral acres; •a p To Henry N. Rohde 12,83 non-participating royalty acres; 1 To Mrs. Winnie Martin 60non-participating royalty acres; j To Mrs. Fannie Mike, Bertram Mike, and Janine Mike Lott, jointly, 10 non.. participating royalty cores; To H. C, Taliaferro 20 non-participating royalty acres; To Margaret H. Wallace, M. C. Wallace, Jr., W. Woodrow Wallace, Mrs. Madge Nettles Wallace, Thomas Emmette Wallace, Jr., Mrs. Frances W. Poindexter, and Mr . Pearl W. Weddington, jointly, 1 non-participating royalty acre; u To Cross-Defendant W. T, Chenault a 7/120 part, or interest, thereof out of which interest there shall be set apart the following interest in minerals and mineral rights thereunder to the following Cross-Defendants: b To Mrs, Kathleen McMichael Barnaby 40 mineral acres; To Mrs. Roxie Roberson an undivided one-half (1) of the Minerals and mineral rights within and under 1.11 acres tract of land; • ' To Mrs. Mabel Bradley, et al the minerals and minerals hereinafter mentioned; i To J. B. Canter a 3/2400 part, or interest, thereof; To Mrs. R. J, Terrebone a 3/2400 part, or interest. thereof; To C. F. Jones a 3/2400 part, or interest, thereof; To Mrs. Mable Bradley, Mrs. Ruby Howell, Mrs. Susan Ford, T. H. Symms and W. P. Symms each is the owner,of an undivided one half of the mineral rights under 1.1 acres, and set apart under the aforementioned W. I. Chenault interest; • To Sidney Appling, P. A. Watson, Lorena Greer and Mrs. Alma Hyatt, each the owner of 1.66 acres thereof, jointly a 29/2400 part, or interest, thereof; N To Louis F. Symms. T. C. Symms, Mrs. Hester Lee Bennett and R. V. Symms, each the owner of 1.66 acres thereof, jointly a 2012400 part, or interest, thereof; To R. J. Cole, Mrs. R. C. Johnson, Arthur Moore and R. J. Cole, Trustee for Mrs, Hazel Astin, each the owner of 10 acres thereof, jointly a 120/2400 part, or interest , thereof; yy .,: To E. T. Daly, B. J. Dalyand J. D, Daly, h each the owner of 6.83 acres thereof, and to Mrs. Many Canter, tho owner of 20.5 acres, jointly a 123/2400 part. or interest, thereof; • To Birch Ridge Association a 20/2400 part. or interest, thereof out of which interest theres shall be set apart the following interest in minerals and mineral rights thereunder to the following Cross-Defendants as follows: \,..j1".', F ....n+.n..n+e.�+....�•.�...�.�.�..__.._..-..+-+..—..,..+nV.v..•.....r ..gym+,. +rw..n-.......�...� SFr i i CIVIL MIN DIST" Cl" k. .. VOL,W i 1 7 . 11 To Mrs. Dora Symms, Gilbert W. Symms, Jimmie Synims, Mrs. Lillian Rico, and Mrs. Velma Worbington, jointly, a non-participating royalty interest in 3 J/3 acres 1 thereof; 0 It further appearing to the Court, and the Court so finding, that the Cross- Plaintiff P. P. Prescott is the owner in fee simple of the following described lands and ;promises situated in Brazos County, Texas, to-wit: , FIRST TRACT:60 acres of land in the A. D. Houston Three-Fourths League, the same being described by metes and bounds in a deed from H. L. Roberts, et al dated May 6, �I it 1937, and recorded in Vol. 93, Page 462 of the Deed Records of Brazos County, Texas, to which deed and the records thereof reference is here made for further IIdescription of said tract; jSECOND TRACT: 25.8 acres of land as per Letter Patent Number 153, Vol. 26-8, Certificate S. F. 15828 granted by the State of Texas to P. P. Prescott under date of April 10, 1956 and recorded in Vol. 173, Page 368 of the Deed Records of it Brazos County, Texas, to which reference is here made for all purposes; land that an unwarranted hardship and loss would result to him if his ownership in said 800 I, it acres tract of land be sot apart in a form and location other than in as near the form of a jl ii square as be possible and immediately adjacent to and adjoining the said two tracts of land. and that to so partition and set aside his part, or interest, in said 800 acres tract would Ii lbs fair and equitable and Cross-Defendants could suffer no loss thereby, It is accordinglyti" NI :; ii ordered, adjudged and directed that the said interest of the said Cross-Plaintiff in and to jisaid tract be so set apart in as near the form of a square as be possible and immediately adjacent to and adjoining the aforementioned two tracts of land and, further, there be set apart, and partitioned therein the respective mineral and/or royalty acres interest heroin- before mentioned as owned and held within and under the said P. P. Prescott interest; And it further appearing to the Court, and the Court so finding, that it would be tol khe best interest of the parties owing and holding an interest in said 800 acres tract, and fit would be fair and equitable to so do, that the interest of the Cross-Defendants. R. E. J flansby, Sr. and R. E. Danaby, Jr., as Independent Executors and Trustees as aforesaid, in land to said 800 acres tract be set apart to them in as near the form of a square as be ,practicable so as to he immediately adjacent to and adjoining the interest in said tract ihoreinbefore directed to be set apart to the said Cross-Plaintiff, P. P. Prescott, it is Ii therefore so ordered, adjudged and directed that the said interest of the said Cross- t;; iDefendants in and to said tract bo so sot apart in as near the form of a square as ho hpossible and immediately adjacent to and adjoining the interest in said tract horoinbefore Cdi.rectod to be sot apart to the said P. P. Prescott; and further there bo set apart and part: litioned therein the respective mineral and/or royalty acre interest hereinbefore mentioned , as owned and held within and under the said Dansby interest; And it further appearing to the Court, and the Court so finds, that the Cross- ! Defendant, Birch Ridge Association, is the owner of a tract of land immediately adjacent • !to and adjoining on the West the Western boundary line of the 60 acres tract of land herein-1 1 lbefore motioned as said Wester boundary line be designated and established under the aforementioned decd recorded in Vol. 93, Page 462 of the Deed Records of Brazos County, Texa , Nand that it would be fair and equitable and to the host interest of said Cross-Defendant, Birch Ridge Association, ho sot apart to such Cross-Defendant so as same be immediately i NN padjncont to and adjoining the said tract of land already owned by said Association, and it lis accordingly so ordered, adjudged and directed that said interest of said Association be +'fir` [ so set apart to it: And it further appearing to the Court, and the Court so finds, that the Cross- Defondants, Sydney Appling, P. A. Watson, Lorena Greer and Mrs. Alma Hyatt, own an interest PP in a tract of land immediately adjacent to the said 800 acres tract and at the lower Southwestern boundary line thereof, and that it would be fair and equitable and to the best i , .r--. .r>v„ incecst-o£autd..ra$ mnafanlaats, ydee - n ling,- Ya+. soa„iureus,•Gra©r-std.A2ma- eyaLty-XS ....,..�. 1 • CAN—WL M/A/ visr.. cr, Vii.. W 8 4 he sot apart to such Cross-Defendants so as seine he immediately adjacent to and adjoining rthe aforementioned tract of land in which they already own an interest, and it is d accordingly so ordered, adjudged and directed that said interest he so sot apart to them; And it further appearing to the Court, and the Court so finds, that the nearest publiel ;; road to which the owners of said 800 acres tract have access is the Milliean-Sulphur Springs; Public Road extending in a Northerly and Southerly direction and to the West of said 800 ) aerea tract, and it being to the hest interest of the parties that the owners of each a hrespective tract so ordered to he set apart to such under this decree should have rights of ngross and egress over and across the owners of such land within said S. 0. Smith League as lie West of such respective owner so as to afford each said owner passageway from the 61 R Oespoctive tract involved to and from said Millican-Sulphur Springs Public Road and it is ; so ordered, adjudged and decreed that such rights of ingress and egress for passegoway be ! !so granted to each such respective owner involved. Tt further appearing to the Court, and the Court so finds, that the only owners to II, F the lands and premises described in saidCross-Plaintiffspetition are, and the interest of each such owner is, as hereinbefore set forth, it is therefore ordrdered, adjudged and decreed that Cross-Defendants, and each of them, be, and they are hereby, divested of all right, a ! title, interest or claim in and to said lands and premises, save as to such interest here- . hinhefore specifically set forth as belonging to the particular Cross-Defendants as named, It appearing to the Court that P. B. Cofer was heretofore a 1:: ppointed by this Court to ! represent the Cross-Defendants cited by publication herein this cause and that he has i appeared as attorney heroin for such Cross-Defendants, it is the order of this Court that ? "'' fi { Ole he allowed the sum of 525.00 as fee for his services, which same to be taxed as costs 1h 1 Olereln this cause, Tt also appearing to the Court that Wallace Dunlap, Tom "arker, J. Edgar Jones and are resident citizens of Brazos County, Texas, and aro competent and disinterested persons, pt is further ordered that they be, and they are hereby, appointed commissioners to make a fair, equal, just and impartial partition of said land and premises above described, and in the shares and manner heroinbefore mentioned, among the Cross-Plaintiffs and Cross-Defendants li by lot as be possible all according to this decree and the law, and, when such partition is ' completed, to report the same in writing and under oath to this Court within twenty (20) days therefrom date of service on said Commissioners or waiver thereof by them; and it yy� appearing to the Court, and the Court deeming it necessary, that a surveyor be appointed to assist the said Commissioners in making said partition, Evans Moody, a competent surveyor, duly licensed under the laws of this State, is accordingly appointed for such purpose, K Signed and entered this 25th day of January, A. D. 1960. /a SAM ,TOIfNSON udgo Presiding 'APPROVED: a/ Robert W. Dean orney or .Toss-' Mn s .✓ /s/ W. S. Barron Attorney for Cross-Defendants K / R. V. Armstrong ornoy or .ross- a on an . . , , enau t /s/ David R. Cofer Jr. ' ornoy or ,rosy- e enian a, c es y u.lication Cr r C3 , r7Q . --1 S 14 J P , s