Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1872-10-05

SANGER BROS,
BRYAN. Corsicana and Dallas.
VvsEE STATE OF TEXAS,

| To tic Sheriff Of DaIl1s Ccuniy- Erecting
! You are hereby commanded that you summon, b,
| pnllic hion the unknown heirs OF james Mott Jr,
| deceased, whose residence is unknown. TO be and
ornear before the District ourt, to be holden II,
! and for the county of Dallas, nj tho tourthonsc
thcreofn tho town of Dallas, on the ut Monday in
October next then and there To answer the Pc ti;nn
OF T. G. Jordan hed in said Court Against ,n' sa',
| unknown h irs of James MOTT, Jr. deceased ami
| A. NJ Horn. aud alleging in substance rs follows,
that heretofore to-wt On the 2'd day OF October
1867 the said James Mott, Jr., for value lccrtri
made. execntrd and delivered to The sH'i Gold
three several uromisory notes in writing, each bear
ing date certain day and year therein specified, to-,
Wit: rio dav and year aforesaid each for ic SUI" Of
Firhi Hundred Dollars. with interest At te ratio Of
ten per cent per annnm. the first due ana payable
to the said Gold. or bearer, one day nlcr "dic inc
sc,ond due and palahl, to the said 'ni' or opatcr
twcnty-forr months after date; and the thlrd hNc
and payahl to the said Gold, or bearer, !hrty.sN
months ofcr date by means whereof the said Mott
became indebted to the said Gold, and nrocrtook
and promised to pay him tho several sums "i mon
ey and interest on said notes sp"clhrd, according
m rho ,cnor and effect thereof yet 10 pay the ssme
or any mart Their to the said Gold during his lie
or TO his Administrators sine his decea.e, except
in the manner hereinafter stated lie mas wholY
and rertl ed tho ;gh often requested
Plaintiff further represents that tho considcra.
ton of said notes waa lots Nos. One, Two, Seycnani
EIrht in block No Fifteen in the rOwn anu county
of Dallas and STATE aforesaid, tor which tho sald
Gold and Emma c. Gold his wifo Oh, iowlt the
I'D av Of October, 1880 executed 10 the sad Moit
their bond for title Of that date: con itioned that
they ST. onld give to the said Mott, his heirs or as
srns good deed in law to said lots ut the cNri'a
tuu of thitty-sx months. or three yesrs, provided
said notes should have been paid az oecabls to the
,enor thereof and the interest thereon, IN whn'h
event said obligation was to be null anu No'ui nut
otherwise To- be AMI remain Of full force and virinr;
tina, on, to-wit the 10Th day Of october 1861 ihe
snid Mott 10y his certain instrument OF that date,
rclinguished 10 one B. warren stone, MS heirs ana
assigns all his the said Mots right, title or claim
10 said lots with the rights, Improvements ana AZ
purtrnnnces IA the same belonging, therein specl-
fling that said Stone IL fully to liqnldate ana pay
on all and singular certain uotes given ny shld hoU
TO the said m. A. Gold, decreased, In the purchase
Of said lots In which eve mt said Instrument was 10
take effect that, towit the 10Th day olOctooer'
1863 said Stone paid, In Confederate money -" "
T. Edmundson, tien Administrator OF saih Ho'd
estate the amount due en- said notes. took charge OF
and destroyed the same, that they cannon lie pro
duced upon the trial hereof; tina, on, tO-"lt; Inc
day and wear ,st aforesaid said SionB MED ~ lhe
Pro ME Conrt Of Dallas county, Texas, his petition
setting ont In substance the conveyance aiof' taid
from said Mott to him. and said bond for title from
Gold md wife 10 Mott, and payment OF said notes,
praying an order for said Ednundson to make him
ie deed for said lots that on. to-wt the 2Tth Gay
OF October lsG3, said Court ordered that SAID 10
mundson execute to said Stone deed Tor me same.
which was done by said EdmundSon on the 29th ddy
ofAugusi, 1856 that on, to wit: The i5ih day OF
December, 1866. said Stone, by A. H. New thIicr'
iaciing under power ct Attorney from SAID stone
and Sue T.. Stone, his wife. 81 sept ON iee3 CON
veyed said properly TO ono 7. A. SANDERS, who' o.
to-wlt: the 26th day Of December, lso6, conveyed
the same 10 defendant A. NJ. Horn, wlo is now, nid
has been since the date last aforesaid, In possession
of the san using enjoying aud receiving Tue feh's
and profits Thereof, which are Of grra' aluei To-
wit Of tho value Of Eve hundred Dollars per an
mum.
Plaintiff ayers anil charges that said payment oil
said NOTES iv said Stone In Confederate money, as
aforesaid, aud their delivery TO him was in VIOLA
ton Of law, and null and void, that for the same
cauee said order Of the Probate Court OF Dallas
county is and was absolute nulity. that the said
Sanders and Horn bad notice Of the facts above set
forth before III ir purchase said property aud the
( alterations to them and were also null that
said notes are and OF rights ought 20 be tho proper
~ of plaintiff ~ Administrator Aforesaid, and the
money and interest therein specified sjns:ly due,
Z and owing to him as such, or at bis option said
] property il the property ofsaid Colds estate.
The prefa ises considered plaintiff now here ele CTS
70 recind the contract between bis inesac ana the
said Mott he pfays the court TO cancel and set aside
the notes and bond Aforesaid to grant him aJugd-
nent and decree for said lots and writ Of possession
for the ,ame. together with the value Of tic rents
/ and profits since Dec. 2Gth, is72
should he he mistaken in the relief sorgh'. be
Then nrays in the aiern a'ion for Judgment. tor the
principal and interest specified IN said notes and
| The enforcement OF the vendors lien on said lots.
lie further prays for al othar and further general
and special relief to which in law or equity be may
| be entitled and he VIII ever pray. etc.
Herein fail not, but have ycu then and there be-
ore said court this wit, with y0ur return thereon
| ,bowing how Won have executed the same.
/ Witness, Jonn ~. Laws. Clerk OF the
| District.Court Of Dallas county
! sha1 Given uDdeT my hand and the seal Of
/ N|6 - said Court in the city Of Dallas, ths the
| l2th day OF September, A. D. 1879.
CI'k u. CT D. c. Texas.
by II. Bolt Deputy. l.iE.