The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1854-10-28

vAiiEKEAS. Richard }. Martin. plaintiff.
w who resides In 1lasrisoa county aoofs.
said. represents that an the 9Th day VI No.
vemt~rs 1884. he purchased Of Jauses A. Fort
son, defendant herein, = tract u land sstWats
in said county Of Harrison, about fifteen miles
southeast from TIVE town II Marshall, begin.
ming at the n. T.. corner Of .Amasi V"nwg's
headlight survey, and running \. Az W.w..a
said line 252 poles, TO a stake near large post
oak marked =. Y; thence =. - II. ia poles,
TO stake near post oak marked J. r.;
thence :. So l.. 400 poles. 10 stake Ia the
eastern boundary line Of said foung's survey,
thence N. 80 w. iA3 poles &c the oommsnsc-
mcnt, containing 835 Hres Of land, for the
price Of one thousand and twelve dollars aud
fifty cents, payable in two instaIIns<nts. ths
first installmcn, becoming due on the lat day
Of June, 1894, and the second on the ist Of
January, 1896. Plaintiff charge. that drfend-
ant heretofore, on the 37th day Of April, 1854.
com r,enecd suit ayainst him In the District
Court Of Harrison county, fos the recovery Of
the money due upon the Asst nots, that service
WA perfected 18th May, 1854, sRd usss jsdg.
fnent by default was taken sgsinst hias on the
- day of July, 1854, for the amount Of said
note. Plaintiff charges that said defendant A.
the time he sold said land 10 him. represented
that he was the bona kds owner Of ~ aane,
and that aaid land waa free from the sAvess~
claims Of any rerson whatsoever. PIaiHtG
shows and AYERS that in consideration Of said
assurances so made to him by defendant, he
purchased the land At and for the price sfcrc.
sud, and tina, the defendant did then and sier~
execute and deliver to plaintiff title with full
warrantee 70. said land Plaintiff charges that
defendant we'll knowing that his title 10 said
land was defective and worthless, made said
repre- sensations TO him in regard to the title to
the same, with the fraudulent design and in
t~ntion to cheat and dcfraud him out Of his
said money. Plaintiff AYERS that said 225 acres
Of land is on q survey made for Benjamin +.
| Hooper, for one league and labor Of eland.
made in the year isls, for Said Hooper. PLAN.
tiT shows that said Hooper in the year 1874,
executed his obligation to Isaac Vanzsnt, for
T67 acres Of land to I've taken out OF ~aId
league and labor survey, and further shows.
that afterwards, to.~i IN the year 49,, the
| said Hooper cf ,cuted for = valuable consider
siion his deed for said amount OF land, which
/ said tract Of laiid plaintiff shows now and 1t
, the time Of the sale by defendant 10 him, be-
| longcd to the heirs Of said lsaae Vansandt, and
shows that the said 233 acre ,rart Of land IN
| included in the limits Of the 7J7 ARE tract.
Plaintiff shows that ono Jesse Walling claims
title to said land, By virtue Of survey made
before the purchase from defendant! and that
the said WaIllny has procured, ~ h. ~ inform.
ed and believes, n patent from the State ~
| Texas for said land. Plaintiff charges that all
said claims on said lands were well known to
the defendant At the time he scid him said
land, and were ffaudulensly concealed TO in
duec hin to purchase Plaintiff cbafees thu !.
said claim of the said Van,ant, and Of the .aid
WalI'ng. are OF prior date to tina, which the
: l.t.... 4 s.usiA sks.Sa =
that there wa. about ,hirt, three acres Of land
cleared upon said t'ac, when he purchased, and
that he has cleared and fenced and pu, in =
state Of cu,;i..,,a,i about five more acres.
Plaintiff further shows that he employed
: counsel TO attend TO and conduct Ms defence
in sid csuse, but that he, your petitioner, vas
taken -ick and became diseased few days
before the June term Of said Court, 1854, 20
much and 10 such an extent, that he was alto
gcihcr unable TO attend 80 the necessary pre-.
partition Of his defence, that he vas not able in
consequence OF his said SIC hnc-- a,e 5!=esse e
como to or be n. the said term Of the Court to
attend to his said dcfeacc. And he showe,h
that his said counsel could moi make out and
sustain bis said defence wi,hou; his presence
and assistance, and that plaintiff ia ,liiefato
and unable to correspond by writing. Plain.
,lif shows that the defendant has since the sale
of sad land removed beyond the limits Of this
State and nov resides in the State Of Louis.
ans, Caddo parish, and that said defendant is
no, abb. to respond in damages 10 him, II h.
should BE- dspossessed OF said land, N h~ hiss
great reason 20 apprchend he may. Plaintiff
aver, that i he had not beer prevented by said
sickness and disease, he would have canse<
said defence TO be n,ade in said suit. Plaintiff
states that before the defendant began his ssi.
suit, and after he discovered III. defects IL
title to said land. he offered 10 surrender sale
place OF land to him il he would give him ~
his notes and that he would also pay him rem
for SAID land, which reasonable request he re
fused and plaintiff states thai he il ready Anf
willing rrd here nov offers TO r.convey sais
land to the said defendant, surrender the pos
scssion thereof, and pay him for the rent, II b,
viii deliver him up the notes and deduct tn
value Of the improvements which he has made
which Is of the value Of forty dollars. PLAIN
t,ii prsys that wgiss Of Injunction issue restrain
ing said defendant from proceeding turtle
upon the judgment obtained BY him A. Afofc
said, etc. and the truth of the allegations here
in stated being verified by affidavit Of plaintiff
These are, therefore, 10 command YOU 4
summon the said james A. Foftson, by tn
publication OF this writ for four weeks IN TN
Texas Republican, newspaper printed IN tn
town Of Marshall, to be and appear before III
Di.sric, Couf, Of Harrison comfy, Al the Coas
house, in the town Of Marshall. on tho four
tceuth Monday after the third Monday in Sep
TENDER 1854, then and there TO answer tn
petition Of Richard J. Martin, plaintiff agnins
The said James q, Foriscn, defendant, the suit
stance Of which !. in this writ given Il-sr.'
fail not, and due return make Of the same a
required by Law
...lAtA. TEST - JoHS N lis>nrnsos
2X Clerk Of the Distract Court o
3 Harrison county aforesaid, All
seal e,f the same, Al Marshall, ihi
HNV> al October, 1854
JOHN ". HENDERSON, Clerk.
: Issued ID October. 1854.
John NJ. HENDERSON Clerk.