The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1854-10-14
CITATION.

NJ
District Court Harrison County, December
Term, ls5A.-No. 2679.
Richard J. Martin vs.. James A. Fortson.
TIE STATE OF TEXAS.
County OF HARRisoN.
IN HE sheriff If said County, Greeting
WHEREAS. Richard }. Martin, plaintiff,
w who resides In Harrison county afcre.
ss5. represents that on the f2ih day of No.
y,mber, 1859, he purchased Of James A. Fort
son. defendant herein n tract Of land situate
!, said county Of harrison, about fifteen miles
.onth. east froa the town Of Marshall, begin
ming At the n f. corner of Samuel Ioung's
headright shrvey, aud running $. l99 w. with
said line 253 poles, 10 stake near a Urge post
oak marked 5. y thence $. s. 4 3polcs,
ia stake near post oak marked ). r.;
thence $. So f. $50 poles, to n stake in the
eastern boundary line Of said Noung's survey;
thence \. 81 W. iI3 polesto the commence
ment containing 325 acres oil land, Tor The
p,ce Of one thousand and twelve dollars and
nnv cents, payable IN two installments, the
d., ins,aIlmcn, becoming due on the lst day
Of June, 1854, and the second on the LIST Of
January. 1850 Plaintiff charges that defend
mt heretofore, on the 2Tth dag Of April, 1894,
commenced suit against him IN the District
rour, Of Harrison county, for the recovery OF
I'm, money due upon the first note, that service
was perfected 18th May, ls5a, aud that judy
,neut by default was taken agains, him ON the
: day of July SOD for the amount of said
nat, Plaintiff charges that said defendant ~
IN. lime ho sold said land to him, represented
That he wa, the bona fds owner Of the same
and that said land was free from the adverse
claims of any person whatsoever. Plaintiff
shows and AYERS that in consideration of said
assurances 50 made to him by defendant, he
chased the land at and for the price aiore.
SAD and that the defendant did then aud there
execute and deliver 10 plainliia title with fail
warrau,ee for said land. plaintileharges that
defendant well knowing that his title to said
land WAS defective aud worthless, made said
representations to him IN regard TO the title to
The same, with the fraudulent design and u-
'entlou to cheat and dcfrsud him GU, Of his
said money. Plaintiff AYERS that said 225 acres
q land is on survey made for Berianiin +.
Hooper, for one league and labor of land,
made ia the year lsls, for said Hooper. PLAN.
ud shows that said Hooper in the year 1884,,
executed his obligation to Isaac Naus..ut, tor
league and labor survey and further shows
that Afterwards, to-wit; IN the wear isi-, the
,l Hooper executed for valuable consider
alton his deed for SAID amount Of land, which
SAID tract OF land pla'uiilr shows now and nj
.ae time of the sale by defendant to him, be-
naccd to the heirs OF ~aid Isaac Nanzand,, and
.Nuu. that the said Pa acre tract of land Is
nclujrd in the limits of the s67 acre tract.
Plaintiff shows that enc Jesse Naling claims
u..r 10 said laad, 10y virtue Of a survey made
,0.0fy ihe purchase from defendant, ard that
.e ead Wall ug has procured, as he Is inform
ei sad believes, q patent from the State Of
Texas tut said Land. Plaintiff charges that all
said cIaims on said land. were well known to
ihe defendant as the time he sold him said
and, aGi were lfauduently concealed to in
ducr him to purchase. Plaintiff charges that
-atd caftN 81 the said Nauzani. and OF the said
Mailing, are OF prior date to that which the
.s,d defendant sold 10 him. Plaintiff shows
d lUcg, VAS about thlrly-lhree arres of land
ear'd upon SAIL tract when he purchased and
'.f he has cleared and fenced and put IA a
State Of cultivation about live more acres.
Plaintiff furthcs shows that lee employed
COUNSEL to attend TO aud eoalucl hi, defence
ala cause, bat that be-, YOUR petitioner, was
b,u SICK and became diseased few DAYS
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