Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1859-05-25
THE STATE on TEXAS.


| To The Sheriff Of Dallas County Greeiiag
ut AT NJ. Burford md James Nj. Lane haye fled
l Z their petition against William D, Downing
and Perry Dakan, in the District Court of Dali
las county, allcdging in substance, that said
Downing, whose reedencc is unkpowns obtain
cd on the lat day ofApcil 1860, as a settler in
Peters Colony, certificate for 800 acres Of
! April 1850, in consideration of 800 to him paid
by said Dakan, sold aud conveyed to said Dakan
the avails thereof, {meaning the land located by
virtue thereby and executed and delivered to
him his the said Downing's Bond for title, under
seal, dated the day and year last aforesaid and
thereby for the consideration aforesaid bound
himself and legal representatives, in the sum of
two hundred dollars to have said certificate locat-
ed and patented ut as early a day as possible and
make to said Dakan, his heirs. or assigns good
and sufficient deed to the land located by virtue
thereof, all of which will appear by reference to
q transcript of said obligation or bond herewith
fled That on the day and year last aforesaid
defendant Downing, to the end that said bond
might be complied with and said Dakan secured
in and to the ayals of said certificate, appointed
! VIM. NJ, Cochran, at that time resident Of said
county Of Dallas, his attorney to locate said GER
tiiicate and have the land patented by virtue
thereof, empowering said Cochran as such attor
| ney upon the issuance of the patent to make to
said Dakln u good ana sufficient deed 10 The land,
which appears hy the transcript of the Power of
attorney Herewith fled ard notice hereby given
defendants to produce the original bond and
Power of attorney on the trial of This cause
That the - day of 1850, said certificate was
/ located upon the East half of Sectlon No. 3, in
Township No l, North of the first Base line and
Range one West of the LIST meridian line Of the
.surveys made by tho contractors Of Peters Colony
! in the county of Dallas and State of Texas.
That on the 18th day of December 1850 defendant
Dakan in consideration of $3.50 to him paid in
money and property by plaintiff Lane, sold to
said Lane one undivided half of saidsland and by
his certain bond for title da ted the day and year
last aforesaid bound himself in the SUM of two
hundred dollars to make unto the said Lane a
good and genuine title to the land, so soon as
the said Dakan obtained Patent therefor, which
bond is herewith fled nc. That on the 9th day
of October 1851 said Dakan in consideration Of
$50 to him paid by John W. Fraiey, then citi-
zen of the county and State aforesaid sold to the
said Fraey 100 acres of the land located by said
certificate, the same being the other undivided
half thereof, and bt his certain bond dated the
day and year last aforesaid, bound himself in the
sum of one hundred and sixty dollars to make to
the said Fraley, his heirs or assigns, good and
Sufficient deed to the land so soldas az Patent
issued for the same; which bond is herewith filed.
That said bond was for valuable consideration
paid by Nat NJ Burford, Zone of the plaintiffs
herein) transferred to SAID Burford on the Goth.
of December 1851, as appears by the endorse.
inent on said bond. That Patent has issued to.
defendant Downing for the land, before the is,
suance Of which said Cochran attorney, &C., de-
parted this life, and they have been unable to-
obtain title to said land since the Issuance of
the patent That plaintiffs are the equitable
owners of the land, and that The legal title is In
defendant Downing Petitioners pray for judg-
ment and decree, diyesting the defendants Of any
right or title to the said land and investing the