Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1872-09-28
SANGER BROS,
BRYAN, Corsicana and Dallas.
vuvrEE STATE OF TEXAS,

4
To the Sheriff Of Dallas County, Greeting
You are hereby commanded that You summon, b.
public ition the unknown heirs of James Mott, Jr.
ioreasod, whose residence is unknown, to be an'
aprcar before the District Co urt, to be holden II
and for the county of Dallas, at the COURTEOUS
thereof in tho town of Dallas, the lat Monday IL
October next then and there to answer tho etitiol
of y. O. Jordan, filed in said Court against the SAL,
unknown htirs of james Mott, Jr., deceased, and
A. NJ Horn, and alleging in substance as follows
that heretofore to-wit On the 23d day of October
1850 the said James Mott, Jr., for value receiver
made, executed and delivered to the sad GOA
three several promsory notes in writing each bear
ing date certain day and year therein spec'hed TO-
vii tie day aud year aforesaid each for the sum
Eight Hundred Dollars, with interest at the rate
ten per cent per annum, the first due and payable
to the said Gold, bearer one day after date Inc
sccond due and payable to the said Gold, or bearer
twenty-four months after date; aud the third due
and payable to the said Gold or bearer, thirty-six
months after date, by means WHEREOF inc sau no
became indebted TO the said Gold, and undertook
and promised to pay him the several sums OF mon
ey and interest ON said notes specified, according
10 the tenor and effect thereof yet TO lay the same
or any part Their cot to the said Gold during his lo
or to his Administrators since his decease, except
In the manner hereinafter stated, he has whol'y
and refu sed. though often requested.
Plaintiff further represents that me considera,,
ion of said notes was lots Nos One, Two Seven and
Eight In block No. Fifteen in the Town and county
of Dallas and State aforesaid, for which the said
Gold and Emma @. Gold his wife, en-, to-wit the
2Jd day of October, 1860 executed 10 the sa,a sio.
their bond for tlN Of that date conditioned, that
tley sh oud give to the said Mott, his heirs or as
signs good deed In law to said lots ut the expira
ton of tnirty-six months, or three years. pro'iged
said notes should have been paid aSi eeeabe 10 the
,enor thereof and the interest thereon, in which
event said obligation was to be null and VOID, but
otherwise to he aud remain OF full force and virtue
that on, to-wit the 10th day OF October, oO5, the
said Mott Ly his certain instrument OF that date,
reIinruished to one b. Warren Stone, his heirs ana
assigns all his the said Motifs right, title or claim
to said lots, with tho rights, Improvements anu APP
purtenances TO the same belonging, therein specl-
fying that said Stone is fully 10 liquidate and pay
of all and singular certain notes given by said Mott
to the said VIM. A. Gold, deceased, in the purchase
of said lot in which event said Instrument was to
take effect that tO-wit: the 10Th day oioctooer,
1863. said Stone paid, in Confederate money, to W.
T. Edmundson, then Administrator OF said Golds
estate the amount due on said notes. TOOK charge o
and destroyed the same, go that they cahhot pe pro
duced upon the trial hereof; that on, to-wit: the
day and wear last aforesaid said Stone filed in the
Pro ate Court.of d Has county, Texas, MS pettion
setting out In substance the conveyance aior- saiu
from said Mott to him. and said bond for lille from
Gold and wife to Mott, and payment OF said notes,
PRAYING an order for said Edmnndson TO make MN
the deed for SAID lots that on, towit: the 2th Gay
of October 1863, said Court ordered that SAID bu-
mnndson execute to said Stone deed or the same.
which, was done by said Edmundson on the 18th day
of August, 1865 that on, to.wit: the 10Th day OF
December, 1865. said Stone, by A. II. McWsarter,
(acting under power CT Attorney from said stone
and Sue H. Stone, his wife, OF Sept 6th ioeol con-
veyed said property to one 7. A. Sanders, VINO, on,
tu-wit the Goth day Of December, lSO6, conveyed
the sano 10 defendant A. NJ. Horn, who Is now, ana
has been since the date last aforesaid, In possession
of the o, using, enjoying and receiving the rents
and profits Thereof, which are OF great value TO-
wit Of the value OF five hundred Dollars per an
nun.
PlaiDti r. AYERS anil charges that said payment OF
said notes by said Stone in Confederate money, as
aforesaid, and their delivery to him was in viola
ton Of law and null and weld, that for the same
cause said order of the Probate Court oil Dallas
county is and was an absolute nulliy that the said
Sanders and Horn had notice of the facts above set
forth before their purchase ofsad property and the
alterations to them are and were also null that
said notes and ofrights ought TO be the proper
ty of plaintiff as Administrator Aforesaid, and the
money and interest therein specified is justly due,
and owing to him as such, or at his option SAID
property is the property ofsaid Colds estate.
Tho premises considered plaintiff now here eie cts
to recnd the contract between his ntestaic and the
said Mott he prays the court to cancel and set aside
the notes and bond aforesaid to grant him ajugd-
ment and decree for said lots and writ Of possession
for the same together with the value Of the rents
and profits since Dec. 26th, 1877.
Should he be mistaken in the relief sought he
ten nrays in the Alern alton for Judgment, Tor the
urincipal and interest specified IN said notes. aud
lie enforcement o the vendors lien on said lots.
He further prays for all other and further general
and special relief to which in law or equity ne may
be entitled, and he viii ever pray, etc.
Herein fail not, but have you then and there be-
;ore said court this writ, with your return thereon,
showing how you have executed the same
Witness, Jcnn ". Laws, Clerk Of the
District Court Of Dallas county.
SEAL Given under my hand and the seal Of
>Dn ~ said Cont In the city OF Dallas, this the
'-''' ''' y . JOHN NJ. LAWS,
Cl'k u. Ct. D. c. Texas.