The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1852-02-28

f""' he'f of saii CopHfg, Goyiirys
NlihREAS, on the 9Th day Of January. A..
" h 1852, Henry D. Jcruilan. Nancy Icr.
higan, VIE Of said Henry u Icrui-au. William
y Jcfn.gnn, 'aIc,iia Jrrnig4n, Vifr of sand
W 'ilam \. Jernigan. filed their petition in nv
Office which is IN substance rs iul,oN., to wit.
That on the 2sth day Of june. A D.. 1880, in
the county of Pamela, said plaintiff made aud
executed certain instrument of writing pur.
porting TO be- a Deed in Trust. hy which Il 4. re-.
ciltd That tlic said petitioners tor. and ia con.
sidrraiinn OF The san Of twenty seven hundred
dollars, to them in hand paid by Rcubn =
Manning, Of the State Of Nsst.sippi and coun.
" 81 Drsoio, Hudof one doilarto them IN hand
paid by Thomas G.. Davenport and John |.
Sherrud Us trustees of the aforesaid Rcuhin \
Manning. sold and conveyed unto the sand Trus.
tees US aforesaid, two scction. Of land, contain.
inc twelve hundred and eighty acre. OF lsnd.
beng The tNo plantations on which the said ne.
uiioners then resided (-i,uatcd IN the county
OF Panula.) togrthcrw3ih an tue Improvements.
building s, cotton giu, dc; and that said Plain.
uts c0tcuan'cd to and with the said Trustees
~ aforesaid, TO warran. and defend the title TO
sad land that said instrument Of Wrl,iurw was
given for the express purpose Of securing 'hc
payment of two notes executed ON said DAY by
the said William A. & llcury y. Jcuieau, each
for thirteen hundred aud fly dollars, with
interest made payable to the said Manning, or
his ordcr, one on the first day of January, A. p.
1851, and the other on the first day of Jauua.
~. A. u. 1852. and that il the said notes should
be prompt pad when due, with interest, said
Deed Of Trust 20 be null and void. and of no
effect, but in default of said payments aforc-
sand. then the said trustees after having al,cr.
iised the same IN public newspaper published
IN the town Of Marshall, IN the county of lar.
rson, for the space ot three weeks, shall pro.
coed to sell said lands at public auction to the
highest bidder 70; cash and with the proceeds
to pay to the holder Of the note. the full
amount due thereon. with interest thereon, and
after paying the expenses of advertising aud
selling, 10 pay the surplus Of any TO the use
OF the said William A. aud Henry b. Jcrulgan,
and TO execute good and valid title 90 the
purchaser of said lands plaintiffs show that
SAID notes were not made by the said Culc-tm
aud Nancy Jei, igan, IN conjunction with the
said Henry Il. Jrrnigan and William \. Jcrni-
gan, nor were they IN any way connected with
the execution thereof md have not, together
or scycraily received any consideration for said
supposed Deed In Trust. lut that the same W..
thr septratc Deht Of the SAID Henry u and
William y JcnIgHn aui pctuoucrs, that the
s.ij tWrseclluu, of land embrace thr homc.icd
of said petitioners. and that they were the home
stead az the time oi thccNocutiou of SAID notes,
aud that your petitioners believe that their said
Homestead, could not Dc made liable for Tie
drht- oi Che said Ilcnry u. Jrru.gan and WI
lam \ Jtru.1lu hy ar act on the pat Of the
s1Id Nancy and c.Ic,iw. pla.utNs aver that
the csruHaliou made hy tuv tUr. Justice oi
~ 3 d d.