The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1854-10-21
CITATION.
District Cosrt Harrison Cesnty, psseotss
Term, le3t.-Ne. 397o


Richard J. Martin ~. Jane. A. rer.ses.
THE STATE OF TEXAS.
County o. HAnR,soS.
IT. ne Sheriff # said County, GrsesIre:
WHEREAS. Richard J. Martin plaintiff.
w who re-iiss N Harrison county siors.
said, represents hat on tho 18th day Of No.
vemb.r, s52 he purchased Of Jxmss A. Fort
son, defendant herein q tact Of land situate
in said county Of Harrison, about al>ssn miles
soulh.c cast from the town Of Msrsksii. hsgin.
ming a. the n. f. corner Of Samusl Young's
headlight survey, and running 3. a9s w. with
aid lin. 253 poles, to q stake near large poat
oak marked :. y; thence s. g. 4. Iss poles,
to stake near poet oak Married J. r.;
thence 5. So y. 250 poles, to a stake In the
eastern boundary line Of said foung's survey;
thence \. 3" w. i4J poles 70 the commence
Faent, containing 225 acres 81 land, for the
price of one thousand and ,welse dollars and
hfiy ceil,s, ;ayabe in two miscellaneous, the
fr-, insis.lmen, becoming du- on the LIST day
Of June, is54, and the second or the IL. d
January, 1885. Plaintiff charges that defend
ant heretofore, On the 27th dly Of April, 1884,
commenced suit agana. HIN IN the District
Court Of Harmon county. for the recovery Of
the money due upon the frs, note, that service
WAS perfected l7lh May 1854, md that judg-
ment BY default was taken sgains. him Oh tho
- day OF July 1854, for ihs amount Of said
tote. Piaiutih charges that said defendant a.
the time hs sold said land to him, represented
that he was the bono tds owner Of III. same,
and that saj land was free from the adsess.
claims of any person whatsoever. Plaintiff
shows and AYERS tina, In consideration Of said
assurances 30 made'to him by defendant. he
purchased the land at and for the price afore-
said, and that the defendant did thea and there
execute and deliver TO ylaniIila title with fail
warfani.e Tor said land. Plaintiff charges that
defendant we'll knowing that his title 30 said
land was defective and worthless, made said
representations TO han IN regard to tn. ute to
the same, with the fraudulent design and in
tentiOn 20 cheat and deifaad him out 81 his
said money Plaintiff AYERS that said as acres
of hand ~ on n survey made for Benjamin =.
Hooper, for one league and labor Of land.
mad. ia the year lsss. for said Hooper PLAN.
,lf shows that said Hooper IN the year 1884,,
executed bis obligation to irRac VguxaDt, for
-GI acres of innd to be taken out eli said
league aud labor survey and further shows
that afterwards, to-wli; Ia the year ISL, the
sud Hooper executed fot valuable consider
alton his deed for SAID amount Of lard which
B
the time of the safe by Defendant In him, be.
louged TO the heirs Of sad isaae Nanrandl, and
sIg.s that the said 22o acre trnc, Of hand
included III ihe limits Of the 761 scrr tract.
/ Plaintiff shows that enc Jesse Walling claims
! title TO sat land. by virtue OF a survey mads
before The purehns. from defendant. and that
the snld Wall ng has procured, as he is iniorm.
I'd aud believes, patent if"r the State Of
Texas Tor said land, Plaintiff charges that all
said claims on said landr We're We'll known to
the defendant nj the time he sold hin sad
land d were ffauduirBtls concealed to IN
duee him to Purchase. Plaintiff charges that
said claim Of tire said VaDzant. and of the said
Walnp, aye NJ rrio- dat. to that which the
said defendant sold TO him. pifin,,N shoas
that there was about ih,f,y.ihfec ac..- Of land
cleared upon said trncl when he purchased. and
that he has cleared and fenced md pu, in
state Of cultivation about Eve more acres
Plaintiff further shows that he employed
counsel 70 attend to and conduct h.. defcuce
IN -aid taasr, bat that he, your petitioner, vas
taken sex and beeaue deceased few DAYS
before the Juae term Of said Court, 1851, %
mHeli and 10 sacn au extent, that he was alto
.e,hsr unable 70 attend to the necessary pre-.
pafaiioa o, hl, deieece, that he VAS ret able in
Consequence of his -aid sickness snd dis.are 10
attend to his said defence. And he showe.h
this, hi, rid counsel could net make DOT and
sustain bis said defence without his pr.-enes
and assistance, and that plaintiff is ihlera.e
and uaatle TO correspond hv writing Plain
%" shows that the defendant has sine. the sal.
Of said land removed beyuni the limits OF this
State and TOW resides ia TIA. State oi Louis.
/ lana. Cadio parish, and that said defendant il
not abl. to respond in damages to lin. IL he
should be d-pos-essed Of sad laud as he has
grea, reason 20 apprehend he may Plaintiff
AYERS that il he had not been prevented by said
~icsuess and disease he would hay. caused
said defence TO be made IN said suit. Plaintiff
states that before the defendant began his sad
sg.l, and after he discovered the defects in
tile 30 said land, he d,red to surrender said
place % lard 10 him IL be would give him up
his notes and that he would also paw him rent
for said land, which reasonable reques, he re-.
fused --and plaintiff states that he i. ready and
land 10 tse said defendant, surrender the pos
session hereof, aud pay him tor tit rent. Il he