Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1859-07-06
M cFNIE MErINA.

10 No Mfrt ~ Ei C0Niv, ffrCi.Hys--
/ ! oU .ro hereby commando tl.t you Summon by
publication, ThoWls H. Not, my whose residence
!. unknown, 20 be aul appalr tgiorc The Draliat
Court, q, be- holden 10 aud for The county 1T E..H,
~ the Court house ihgrCyf 10 tc Town Ot NnStlugUNr
nu The I'm Monday Iitor the Hri Muulty In March,
4. D. lsbI, Thea anl there 10 answer me petition 4
john WGls, surviving partner II I've lutc arm q
Wells and Miller, fl,i To- sid Court Against The til
Ttomts II. MgCrty. James Hhmit1n, =. J. h,BprI,
Gul u. C. Hunter alDsugiug IN suhsNucc u. follows,
! That Petitioner AVID VIM. Miller, deceased oE the
irst lay Of pI 1896, wcrc citizens nf tAe State Of
Maryland, residing IN th, city Of BNl'murc, and we're
% partners in trade and in manufacturing mp,I pcry,
mills, steam engines, boilers, &C., dong business un-
der the firm name aud style Of "Wclls \ Miller -
That on the 18th lay Of peccmhcr 1856, si Defend
ants were copArtners md jointly interested In the
erection ~ steam saw mills grst mills &C., at Trlhto
in said county of Ellis ma State of Texas. And he
iug ropnr'neIs lnd jointly interested as aforesaid,
defendants makers and endorsers made, executed
endorsed anil delivered to said Wells ant Miller, their
three, certain rromssory notes payable 1t the Bank
Of C1mneNe Ia the city Of Blltimcrc said notes he
ing signed by SAID McCiuy ana Hamilton, AZ makers
AMI hy said Deblrd AMI Hunter culo"srrs one for
8 2G6 81 due eight months after dutt, one Ir ST.
G2S 30 lue ten months after date and 0ne for 81,
100 90 due twelve monh lbs after date AMI afterwards
to-Ni on the 18th day ~ Junc 1901, said lgler nnts
copertncs ;, aforesaid, ere1gte endoIsel and deli
vsrei to said plaintiffs their certain other rronsory
next, thereafter, with interests ut ten per cent per
ann from ilc. Plaintiff further AYERS that on the
TN day Of january 1851 the said defendants were
Indebted in the further sum Of $50 30 for machine
nv md other materials for snil saw and grst mills
then and there sold and delivered 10y them ~ sli de-
fcnduts, st their speci'l instance aud request, on q
credit of sy months, 'niJhet sail defendant McCray
at the time executed nnl dcN oiel to slid plain.
tiifs his ind i1uai promisory note for said suu
That on The 9th day Of january lS67 said leeadalls
ind, g,gr. tn oil N H.
the SUN of Z .0Sl Il for machinery and other mite
rial for the said and grst mills, then and there
sold aud delivered by sd Daniels to saia defendants.
and for work anl iHnor performed Ivy said D'nell tug
said defendants, and the said def udhnt McCmy, thc
aud there executed and delivered to said Daniels liz
Individual promisory note for said sum with interest
added thereto, for six months ~ the rate Of six rer
cent, making 81 llU sc. IhHt afterwards, on the
10th any Of June 1857, said demand Of said DlncIs
aganst said defendants tor the said sum ~ ,I !,
and said note fur S Jig &C. were assigned, trnn-.
terrcl, and en- orsed 10y sa',l Dan els TO snid Wells
Miller. Petitioner further avers That ON or about the
Isl dry Of February 1851, sad MeCmy nnt ihml- /
ton, for the puTrAso OF securing The three
lncL'oned, eSecgt and delivered to sail Wells &
Miller certain mortgage lated December lath 1856,
on the following named property, to-wlt: 1913 IL
of land situated in inc counties Of Ellis ana
lIenae son Stale Of Texas, together with the impI0-
vemcnts made and TO he made thereon, and the fol- |
lowing machinery, to-wit boilers, each 40 feet in
length, Ivy rs inches IL diameter; engines of q
horsepower each 4 CT 'uiar saw mills ! i'm Of
French burr mill stones cDd the fixtures thereto, an
nil additional fixtures aa1 machinery Of every kind
for putting the same in operation, purchased AMI 10
lie purchased, Or the purpose Of erecting MIL up,n
the lands above mentioned. Petitioner iGriher shnws
that said defendant McCrny, on or about the 18th
day of June 1867, executed an delivered to Webs !;
Miller certain mortgage upon the following named
property, tOwit: GAO acres vi land, situated and ly
ing in the county OF Ellis, said land granted TO
Mrs i. V. Bundy, now Mrs. y. V, McCray; also =
large road wagons sets timber wheels, ynkes
wurN oNcn, 20 lcsd horsos and mules. . scfs black
smiths tools, aui 500 head " stCsS cattle which
mortgage was executed to hcttGg sceGro the payment
OF said note for S6,709 50, hut especially to
cure the payment O! the three notes above mentioned
one ior $3.50 81, ore for 81 OS4 IA one for - 2GS
CI. Petitioner .Arther aic.iges that the sad notes
and demands are all due and unp1id. Wherefore,
petitioner p,ays for judgement against said defend
ants, for the amounts Of sad notes and demands,
principal md interest and costs Of suit, and also
prAys fnY decree, that all the property embraced in
sal mortgages he Sold and the proceeds applied IA
payment Of said judgement, and awarding execution
for the balance due thereon in the proceeds III
said mortcNg ed property prove insufficient 10 satisfy
in full snl judgement and for such further and diff
ferent relief as may be consistent with equity and
and appropriate TO the
Herein fail not, bu. have yon then and there before
said Court, this writ with return thereon show
ing how yen have executed the same
SE;TEiG> Witness ". w. Parks, Clerk Of the
kSg (SSsA District Court of said Ellis comfy
Nii.Msz1I .GE Given und9r my hand seal Of f. said
T:sf TTzssssT Court, at Office in the Town Of Waxe-
haehie, this the lth day Of June A,
D, 1859
Wv. PARKS, Cl.'x D. c. E. C. I.
Came to band June 18th, 1859 and ordered TO be
published in the Dallas Herald for four successive
weeks.
Holm G. WILLIAMS Sheriff. Eyyis In