Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1856-07-26
nm STATE IN TENAs-

a. a. MplHef Gfariot tarHfY bUdiHr
NTllLiEAS. James iuutt Samuel u
w Wilson aud EiHafi n Wilson, Msf-
chants. doing business In The riiy ~ New Dr.
leans, State Of l.ouisiara, under the style OF
Tanner, Wilson & Co, in liquidation, aud 40
Which place they reside, filed their prullon in
the Clerks Oiite ofths Dsuncl ConH II GAY
son county, on the l0ih day Of Jane, 1886,
against Marrick Mania resident olihs State
Of Mississippi, Thomas d, Lincoln, resident
Of Washinglon ciiy, District Of Columbia, aud
j, Budget BTiuoa, a resident Of The ely oi
New Orleans AMI State OF Louisiana; said pell-
ton charges that saidWaHirk Martin did, on the
81 day Of July, 1851, execute 10 plaintiffs his
rTomlssoTy note in writing for the sum Of ten
thousand four hundred and siNIy-seVen dollars
and six cents, with interest al the rate Of elgh,
per cent per annum, payable one day after
date petitioner further charges lha, said Maj
lin is the legal or equitable owner OF about
l06sl ACRES Of hand, The same being the undl-
videi interest Of 90, 80 acres Of land ownei
hy aid Martin aud one Benjamin L, Hall, IN
GnysOn and Dallas counties, aud the titles 10
said land Were in the sand Hail. and held by
him in trust for said Martin, certified copies Of
the lield'noles rre referred 10: petition further
charges thar sail Martin combining and cNn.
ieiemling with the said Thomas B, Lincoln,
did, on the 9Th day Of May, lsJi, induce The
said Benjamin +, Hall, to execute power oI
attorney "a lie said Lincoln, auth 9riGing the
said Lincoln Ia sell rnd dispose If said land
which embraced the sad Martins l0GSj acres
that an the lth day of August, 1854, The said
Lincoln conveyed hy deed 10 the said ]. Budget
BriitOn l0,6sj acres Gf land, the same beng
the said Martins interest in the aforesaid 90.
40 acrcs, and that on the l9th dag Of Angus,
1854 the said Lincoln, ms the agent Of said y.
+. Hail, conveyed the said Halls interest IN
and to the said 90, $50 acres TO one +. l.. HUFF
man, Tor the consideration of one dollar aud
twenty-five cents per acre, excepting out Of
snid conveyance Gl0 acres OF land, including
the Norman Grove tract; petition cdarges
that SAID Martin was in embarrassed crcun.
stances at fine time, aud that said power of At.
torncy was procured 10 be made 10 the said
Lincoln aud the deed from sold Lincoln to said
Bcillon wnS done for the purpose of covering
up the tile 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
defrauding said Martins creditors petition
further charges thar the said deed to said Brit.
ton was made without any consideration. and
for the purpose OF preventing the creditors Of
said Martin subiecing the sald land TO the pnv-
ment of said Martins debts. The said Mar.
tin, B 'iiton and Lincoln are made defendants
TO said petition. Petition prays for an attach,
meat to be levied on said land, and also for
judgement against the said Martin for his debt,
damages and costs OF suit also for decree
setting aside said deed to said Briton, dechr-
ing the same fraudulpntG and void further, that
said 1915 acres of land be subjected to the
pavmeH Of petioners debt.
And a!iijait having been made BY L. H.
Wilson, one of said plaintiffs, tina; defendants
are not residents of the State of Texas These
are therefore to command you to summon the
said Warrichi Martin, Thomas b. Lincoln and
]. Budget Briton, by publication in the Dal-
las HeraW, the same being the nearest news
paper published to GNyson county, for four
successive weeks prior TO the return day of this
citation, to be and personally appear before the
District Court of Gnyson county, to be holden
at the Court House in the town of Sherman,
on the filth 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.
>sz"-sz> Witness Benz w. Bradley, Clerk
%IS CA of the District Court of Grayson
EEs1s!ss.GrSsSy county, and the seal Of said Court
<ss2s!ss-> hPreon impressed, at Sherman,
this June the 10Th, 1856.
3 w. BRADLEY, Clerk.
Issued this June the l9th, 1856.
s. w. BRADLEY. Clerk D. c. 6. G.
The defendants will take notice and appear
as above required. June 2lst, 1856.
". G. REYNOLDS, Sheriff G. G.