Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1859-06-29
THE STATE OF TEXAS.


TO The Sheriff of Ellis County, Greeting:-
YOU are hereby commanded that you summon by
l. publication, Thomas II. McCny, whose residence
Is unknown, to be and appear before the District
Court, to be holden In and for the county Of Ellis,
at the Cour.house thereof in the Town Of waxahasie
on the 18th Monday aftcr tho Ord Monday In March,
D. 1885, then and there to answer the petition Of
John Wells. surviving partner Of the late firm Of
Wells and Miller, fled In said Court ngainst the said
Thomas II. MoCray, James Hamilton, Z. ]. DeIard,
and D. c. Hunter alledgng In substance US follows.
That Petitioner and VIM. Miller, deceased, on tho
first day Of April 1856, citizens Of the State Of
Maryland residing in the city Of Baltimore, and were
copartners in trade and In manufacturing machinery,
mills steam engines boilers, &C., doing business un-
der the firm name and style Of "Wells & Miller."--
That on the 10Th day Of December 1885, said Defend
ants were copartners and jointly interested in the
erection Of steam mills grist mills &c., at Telico,
in said county Of Ellis and State Of Texas And be-
ing copartners and jointly interested, Aforesaid
defendants Us makers and endorsers, made executed
endorsed and delivered to said Wells and Miller their
three certain promssory notes, payable at the Bank
Of mmercc in the city Of Baltimore, said notes be-
ing signed by said McCray and Hamilton, as makers,
and by said DcBard and Hunter endorsers, one for
$4,266 81 due eight months after date. one for S4,-
$50 SO due ten months after date, and one for $4,
400 90 due twelve months after date and afterwards
to-wit on the 10Th day Of June 1857 said defendants
coparners as aforesaid executed, endorsed and deli
vered to said plaintiffs their certain other promsory
motto for Sc, 799 81, due the first day of January
-., 1ur,rr, win interests ut ten per cent per
annrm from date Plaintiff further AYERS that on the
7th day of January 1857, the said defendan were
indebted in the further sum of $3.50 90 or machine
and other materials for said saw and gris mills
then and there sold and delivered by them to said de-
fendants Mt their special instance and request, on Q
credit of six months; and that said defendant McCray
at the time executed and delivered to said plain
tfs his indi 'idua promsory note for said sum-
That on the 9th day Of january 1857 said defendants
indebted copartners to one Nalter Daniels in
the sum of 81 084 IA for machinery and other mate
rial for the said saw and grst mills, then and there
sold and delivered by said Daniels to said Defendants
and for work and labor performed by said Daniels for
said defendants and the snid def ndnnt McCray, then
and there executed and delivered to said Daniels his
individual promsory note for said sum with interest
added thereto, for six months at the rite If six per
cent. making 81 lI6 &C. That afterwards, on The
10Th day OF June 1857, said demand of said Daniels
agains said defendants for the saii Of 81 1854 H.
md said note for 81 JIG &C. were assigned trims
ferred, and en- orsed by ead Dan els to said Well Il
Miller Petitioner further that on about tbs
lst day Of February 1857, said ,lcCry aud iia,G-
ton, for the purpose of securing The three notes ,et
mentioned, executed and delivered 10 said Wells L.
Miller certain mortgage dated December 10Th 1856,
on the following named property, to-wit: 1928 l-2
acres Of land situated in the counties Of Ellis and
Henderson State of Texas, together with the mpro-
veuIens nude aud 10 be mado thereon, and the fol-
lowing machinery, to-wit boilers each 40 feet in
length, by 46 inches in diameter engines Of %
horsepower each circular saw mills; run of
French BURR mill stones and the fixtures thereto and
all additional fixtures and machinery of every kind
for putting the same in operation, purchased anil to
be purchased, for the purpose oferectng mill upon
the lands above mentioned. Petitioner further shows
that said defendant McCray, on or about the 10Th
day of June 1857, executed and delivered to Wells Il
Miller certain mortgage upon the following named
property, to-w: $40 Of land, situated and ly-
ing in the county Of Ellis sud land granted to
Mrs Z. " Bundy. now Mrs. E. v. McCray; also 2
large road wagons, 4 sets timber wheels, yokes
work oxen, 10 head horses and mules, sets black
smiths tools, and 300 head of stock cattle which
mortgage executed to better secure the payment
of said tote for 5000 81 but more especially
cure the payment of the three notes above mentioned
one for $3.50 IS, for ~ ,0S4 II, one for "a 26e
67 Petitioner further alledges that the said notes
and demands are all due and unpaid. Wherefore,
petitioner prays for judgement against said defend
ants, for the amounts Of said notes and demands
principal and interest and costs of suit, and also
prsys for decree, that ell the property embraced in
said mortgages be sold, and the proceeds applied r
payment Of said judgement, md awarding execution
for the balance due thereon, in the proceeds Of
said mortgaged property prove insufficient to satisfy
in full said judgement. and for such further and dE
ferent relief, may be consistent with equity and
and appropriate to the case. @.aa so3
Herein fail not but have you then and there before
said Court. this writ with return thereon show
ing how you have executed the same iigs,1slG
Witness W. W. Parks, Clerk Of the
kfk ca District Court Of said Ellis county,
NlL1ESH Given under my hand seal of said
~ Court, at Office in the Town of Waxa-
hachie, this the 18th day Of june A.
W. W. PARKS, elk D. O. E.cr.
Came to hand June 18th, 1859 and ordered to be
published in the Dallas Herald for four successive
weeks