Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1856-07-05
nm sTArE nR TEXAN.

d
uTHEREAS, James Tumer, Samuel u
w Wilson aud Edaad H. Wilson. Mer,
'hanls ding business IN the ely n New Or
leans, STATE Ul Louisiana, undcT The style ul
Tame, Wi.sol a Co. IN liquidation, aud AZ
which place they reside, iied their petition IN
the Clerks Office oflhe District Count Of Gray.
sou county, on the 10Th day Of June, 1896,
against Wanirk Martin resident Of The State
Of Mississippi, Thomas u, Lincoln, resident
Of Washington cily, District OF Columbia, aud
I ], Budget BFillon, a resident OF the city Of
/ New ORLEANS, and Stale Of l.OuisiaIiai said petit
I ton charges thai sidWaniek Martin did, on the
I Sd day OF July, 1871, execute 10 plaintiffs his
I pTOmss0ry note IN writing i6r the sum At ten
I thousand four bundled and siSiy.se,en dollars
and six rents, with interest AZ the rate of eight
per cent, per aRnum, payable one day after
date petitioner further charges that SAID Mar
/ i'm is the ecal or equitable owner Of about
l0,6s5 acres OF land, the same being the undl,
vlded interest of 20 80 acres Of land owned
by said Martin aud one benjamin. +, Hall, in
/ Gnysnn and Dallas counties, and the titles 10
said land were in the said Hall, aud held by
/ him in trust for said Martin, certified copies oil
I the iield.nO,es are referred to; petition further
charges that said Martin combining aud con-
/ decorating with the said Thomas d, Lincoln,
/ did, on the 9Th day of May, 1854, induce the
said Benjamin f, Hall, 10 execute a power oil
attorney TO the said Lincoln, authorizing the
said Lincoln to sell and dispose Of said land,
which embraced the sald Martins l06s5 acres
that on the llth day Of August, ls5i, the said
Lincoln conveyed By deed to the said J. budget
/ Brliion 1865 acres Of land, the same being
/ the said Martins interest in the aforesaid 90
$50 acres, and that on the 10Th day Of August,
j 1851, the said Lincoln, as the agent Of said B.
/ +. Hall, conveyed the said Halls interest in
/ and TO the said 20, $50 acres TO one +. l.. Huff.
man, for the consideration Of one dollar and
| twenty-five cents per acre, excepting out Of
said conveyance 6l0 acres Of land including
/ the Norman Grove tract; petition charges
that sand Martin was in embarrassed circum-
stances At the TIME, and that said power of At.
torney was procured to be made to the said
Lincoln and The deed from said Lincoln TO said
Bri,,on was done for the purpose of covering
up the title to said land, and preventing the
same from appearing in the name Of said Mar.
tin, all Of which was done for the purpose of
delmuding said Martins creditors; petition
further charges that the said deed to said Brit
ton was made without any consideration, and
for the purpose oil preventing the creditors Of
said Martin subecting the SAID land to the pay
ment Of said Martins debts. The said Mar.
/ tin, B itton and Lincoln are made defendants
TO said petition. Petition prays for an attach.
ment TO be levied on said land, and also for
judgement against the said Martin for his debt,
damages and costs of suit; also for 4 decree
setting aside said deed to said Britton, declar-
, ing the same fraudulent aud void further that
said 10, 1S5 acres of land be subjected to the
payn.ent of petitioners debt.
And affidavit having been made by E. II.
Wilson, onr of said plaintiffs, that defendants
are not residents of the State of Texas These
are therefore to command you TO summon the
said Warricl Martin, Thomas b. Lincoln and
J. Budget Britton, by publication in the Dal-
/ las Herald, the same being the nearest news
/ paper published TO Grayson county, for four
successive weeks prior to the return day of this
citation, 10 be and personally appear before the
District Court of Grayson county, to be holden
at the Court House in the town of Sherman,
on the fl tn Monday after the fourth Monday
in September, 1856 then and there to answer
said petition.
Herein fail not, and make due return of this
writ and your action thereon.
>>1zzTz9A Witness Benz. w. Bradley, Clerk
Mr> "a of the District Court of Grayson
&s4SD county, and the seal of said Court
SNs> hereoh impressed Mt Sherman,
this June The l9th 1856.
w. BRADLEY, Clerk.
Issued this June the 18th, 1856
3. w. BRADLEY. Clerk d. C. G. G.
4 4. L.. -. 1
as above required June 2lst, 1856.
w. G. REYNOLDS, Sheriff G. c.
no vol 5 At Printers fee 1925