Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1872-09-14
gegal 9ptites.
yxyHE STATE OF TEXAS,
TO he Shstjg'qf Dallas County Greeting

To he Sheriff Of Dalld, County Greeting :
You are hereby Commanded that You summon, by
,ubic ttl5p, the unknown heirs OF James mott, ~ /;
asoeascd, whose residence Is unknown 70 oe niu
nppoar before Tie District Co urt, TO DO hoiueh 10
and for the comfy e Dallas, at the Courtnonse
thereof In the town of Dallas, on tho LIST Mohnay III
October next, tlen and there to answer tue pc
Of T. c. Jordan MED in ssa Tou IT, "E Diseased anil
A. NJ Horn, and alleging In substance Us ioii2Ms'
mai beretnf,ro fo.wit; On tho 23d day OF octoDer
1850 tho said Jame Mott, Jr. Tor value ri
made executed and delivered 10 inc s",u po'u'
,btco severn, prarsory notes.in writing eacn near
inr date s.tu dAy and year therein specineu, TO-
wit: the daY al year aforesaid each 70, nv W
Eight Hundred Dollars win 1nle' s',.nd na~sifa
ian rsr cent plr annum, the first due ana phyaDle
Ia no aniI cold or bearer, one day after uate 'he
socond dpe ana rayable to the said Gold or bearer,
| twenty -four mOnths alter aate aho WV ,,I,. i.
ard payable TO the said Gold, or bearer, id Nj,
became indebted 70 he said doiu, anu n
nd nrotrigeI 10 nay him the several sums OF mon
ey ana interest said notes specineu, ".So'
a. the tenor and effect thereof, yet TO pay inc same
~ an mart thereof 10 tho said Gold during MS ne
n, To- tis Administrations since his decease, except
| H. ibo manner hereinafter stated, he nus "hoi?
and rarl aed- though often requested A., ,r.,1oro
Plaintiff firiher represents That Tue eonsineiai
,ic, Of aid mites was lots Nos One, Two, seven anu
whit In LIori No. Fifteen in the Town and county
nrDnllas and State Aforesaid, for which the hilu
/ n 4 nd
rwlay Of . cto9cr 1860. executed to the SAID Mott
the,r bond ioI tile OF that date; condiloneu Una
thew should gyc TO tho said Mott, us nel's oI US
signs 10 ,i deed IN law to said lots NJ 'he eAPa
,Inn Of thitty.six months or three years. pro'iueu
,id notep Al aid have been paid agreecenie 10 tne
amor Thereof and the interest thereon IN whish
event said obi cation was to be null anu yoIu, W.
otherwise ton and remain Of lnil lor1o a Issa III
yhst m t,.qit the 10th day of October, 1000, the
| aid Mott b. his certain instrument OF ,net ua.e
,,incnishcd 10 one u. Warren Stone, his heirs ana
rssir1s AIN s the said Motifs, right, M OF eiiin
| n sqid ots with lie rights, Improvements anu ny
MISREPRESENTATION the me belonging, therein speci-
Fiy thsI stid stcne is fully TO liqu'date ana pay
on' IN an,l singular certain notes given ny salu ho.'
10 the said m A. Gold, deceased IN inc ~
of sad ots IN which event said ihftruinen. vac "
taLc crtct hat on to.wt: the 18TH da! oioctooGr
1sS9 ss.d : me paid In Confederate money ~ :.
! n FJrrud,on then Administrator oi 'hia eo'u
eetaic e amount due on said no,et, loua e'i, o
anI ir.trcv.d the same, SO that they cahhot pe pio
TTrsd usi, The trial hereof; that on, to-wit .he
day a,B ,e5rl.st aforesaid said Stone heu IN nc
PROF. III, Court or Dallas county, Texas, MS Pel''1h
| ssttiua c5tin substance the con'eshho' ~ So
froto sod Gutt 10 Im and said bond 'or 'ie iiou'
Cel ara ,riie TO motif and payment OF sara hotes'
rrayinq an order for aid Edmundson 10 maxi MN
Inc decd - sad lots that on to-wit the I,a Wy
| OF October 196@ said Court ordered tha' sun
murt,Gn execute to aid Stone deed Tor Tue s'i n
,siiicl wps,one by said Edmundson on the zo,h u"y
OF Augusi 1855 thsr on, TO wit: the 18TH day OF
pecripber 1896. said Stone, by a. II. McWharter,
| ,acl ing under power Ct Attorney from saiu STONE
and Sue T. Stone, his wife, of Sept blh ioe9,l eon
ycyed said property to one T. A. Sanders who' on,
! t0-wit tbs Goth day Of December, lsoO, conNeye9
the same o defendant A. NJ. Horn who Is now ana
has been gnce the date last aforesaid, IN possession
OF tho sane using enjoying and receiving the reht
and nrOlt5 thereO', which arc OF great value To-
wit: of ihe value OF FIVE hundred Dollars per an
num-
rlaiDtifI AYERS AMI charges that said payment Oh
soid nntes h, said St,ue in Confederate money, as
sG,rs.oid aud their delivery to him WAS In viola
tjpn ~ l,w and mil and void that for the same
4 . nse s,d order Of tho Probate Court OF Dallas
is and was u absolute nulity, that tho said
sander and Hnr, hAd notice Of the facts above set
firth lcibre N IN purchase of said property and the
hficfatinar a. tattI I'd ottr. ,,stc uiso u,f, tst
said noesA rae-l of lights ought TO be the proper
ofplsipiiH as hd. illustrator aforesaid, and the
money AID Interest therein specified is justly due,
ana ovIYp 10 him d, such, or at his option said
| nroperty Is the property of said Colds estate.
III men i.nl .idercd plaintiif now here ec IL
m rccIna tbe com act between his ntestate and the
soid Man ne ,ras the CT urt to cancel and set aside
! IN. ndtes and liaId ngoresaid to grant him aJugd-
ment mi dectee foe lid lots and writ of possession
for the rAme togv'lst with the value of tie rents
aud rronis since Dee. 26ti, 1871
! Should he he mistaken in the relief sough :, ne
then prays In the alorn alton for judgment, Tor inc
principal aud interest specified in said NOTES. anu
! Tho enhancement o he vendors lion on said lots
lie further prays for al 9th n and further general
and speeisl relief 10 which in law or equity he may
| he ani Jed and be viii ever pray, etc.
! Herein fall not Int have you then and there pc
foro aid court this writ, with your return ther con
/ showing how you haye executed the same
| Witness, Jonn NJ. Laws, Clerk OF the
! -. ~ District Court of Dallas county.
sE Given under my hand and the seal OF
| \>6 y said Court in the city of Dallas, this the
JOHN NJ. LAWS,
Cl'k d. Ct. d. G. Texas.
tW