Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1859-06-22
TuE SrATE on TEXAS.


10 The SHERIFF Of Ellis County, Greetiag;-
YOU are hereby commanded that you summon by
l. publication, Thomas II. McCray, whose residence
is unknown, to DO and appear before the District
Court, to he holden in and for the county OF Elhs,
ut the Courthouse thereof in the Town OF waxahaehi.
on the 18th Monday after the Bird Monday In March.
A. D. 1859, then and there to answer the petition Of
John Wells ssr Ns Court or tss nate sn %
Thomas II. McCray, James Hamilton, L. ]. DeBsd.
and d. c. Hunter alledgng in substance us follows,
That Petitioner and VIM. Miller, deceased, on the
first day of April 1856, were citizens Of the State OF
Maryland, residing in the city OF Baltimore ana 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 saw mills grist mills &c., at Telico,
in said county of Ellis and State Of Texas. And be-
ing copartncrs and jointly interested, rs aforesaid,
defendants as makers and endorsers, made, executed
endorsed, and delivered to said Wells and Miller their
three certain promssory notes, payable at the Bank
of Commerce. in the city of Baltimore said notes be-
ing signed by said McCray and Hamilton, as makers.
and by said DeBard and Hunter rs endorsers one for
s. 266 CT due eight months after date, one for So
833 33 due ten months after date, and one Tor Vs.
400 90 due twelve months after dnte and afterwards
o-wit on the 10th dry of June 1857 said defendants
cnnorners as aforesaid executed, endorsed and deli
yered TO said plaintiffs their certain other promsory
note $500 52, due on the hrst day OF january
next, thereafter, with interests at ten per cent. per
~, dov IF ionnorv 1s57. the said defendants were
indebted in the further OF $3.50 ~ for machine
Nv and other materials for said saw and grist mills
bo and therc sold and delivered bv them To snd de
lfandonts ut their snecial instance and request on
credit of siy months and that said defendant McCray
at the same time executed and delivered to said plain
t;ffs his individual promisory note for said sum-
Thot on thc 9Th dav of January 1857 said defendants
crc indebted as copartners to one Walter Daniels in
tbo cum or a. O94 ia for machinery and other mate
;o fr tbe said saw and prist mills then and there
soJ and dc,vered Inv soid Daniels to said defendants
nd f,r ,or, and labor nerforncd Nv sud DanieIs for
sai defendanta and the sod def ndapt McCray. then
md thoro oxecnted and delivered TO said Daniels his
;I;;Juo, nromisorv motto far said sum with interest
"h1od horsto for sx montbs Mt the rate of six per
"omt nak;ng Al 116 66. That afterwards. on the
S0th dov ~ fune 1871 said demand of said Daniels
@, sold defcndonts for the said sum of al O84 "a
ed cold motto for ri 116 &C. were assigned trans
sarroJ and an orsed Inv said Dan els to said Wells
Miller Petitioner further AYERS that on or about the
Ia. w. 20 Eabrnory 1s5T so;d McCr,y and Hamil-
to 1ile purpose securing the three notes first
mentioned, executed and delivered to said Wells &
Miller certain mortgage dated December 10Th 1856,
on the following named property, to-wit: 1923 1-2
acres of land situated in the counties of Ellis and
Henderson State of Texas together with the impro-
vements made and to be made thereon, and the fol-
lowing machinery to-wit boilers each 40 feet in
length, by 4C inches in diameter engines of rs
horse power 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 and to
be- purchased for the purpose of erecting mill upon
the lands above mentioned. Petitioner further shows