Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1872-09-21
Yennl slutiets.
V,mE STATE OF TEXAS,
TO Tie Sheriff (Dqlra, County Greeting ;


You trc hereby commanded that You summon, by
public ,iion, the unknown hoirs OF James Mott, Jr
| deceased, whose residence II unknown, TO be and
| apponr hofnre tho District Court 10 DO holden III
| and for the county Of Dallas, Mt the Courthouse
thereofin tho town OF Dallas, on tho lot Monday IN
October neSt thcn aud there 70 answer the nsull2n
of r. c. Jordan, flied IN said Court against the said
/ unknown hirs of james Mott, Jr., deceased, nnd
| A. NJ, Horn, and alleging In substance rs lollo"s'
that heretofore to-wlt; ON the 2hi day ofoclober,
1900 the said James Mott Jr., for value received,
made, executed and delivered tothc sad Gold
three several promisory notes In writing, eac bear
ing date certain day and year therein specned, 10,
wit the day and year aforesaid caeh ior lho sum ~
Eight Hundred Dollars. with interest ut the rate OF
| ten per cent per Rnnum tho hrst due ana payable
TO the said Gold, bearer, one day alter DATE inc
second due and PAYABLE TO the said Gold, or bearer
twenyfoIr months after da'e ana .ne , la ov
months after date, by means whereof the salu hott
became indebted to tho said Gold, ana unuert"nH
and promised to pay him the several sums OF mon
cy and interest said notes specified, according
to the tenor and effect thereof, yet TO pay the same
or any part Their to the said Gold during his life
or TO his Administrators since his decease, except
In the manner hereinafter stated, ho has wholly
and refu sed, tholgh often requested
plaintil further represents that the consilera-
tion of said notes was lots Nos One Two, Seven and
Eight In block No. Fifteen In the Town ana county
of Dallas and state aforesaid, for which The siri
Gold and Emma G. Gold, his wife. on, to-wit the
md lay of October 1860, executed to the said Mott
their bond for title Of that date conditioned, that
they should give to the said Mott, ms hslrs OF as
signs Il good deed In law to said lots ut the explra
tl0n of thirty-six months, three years, provided
said notes should have been paid agfeeeaole 10 ths
tenor thereof and the interest thereon, IN wniqh
event said obligation was to DO null ana voiu, put
otbcrise TO he and remain of full force and virtue;
that on to-wit the 10th day Of OCTOBER iSO3, inc
said Mott. 10y his certain instrument OF ,hat date,
ren Cushcd 10 one ID. Warren stone, ms helrs ana
assigns, all his tho said Motifs, right title or claim
to said lots with the rights improvements ana al,-
purtenances to the same belonging, therein speci-
fying that said Stone is fully to liqudate ana pay
of all and singular certain notes given ny sau ao'
to the said VIM. A. Gold, deceased In the purchase
of said lot in which event said instrument was 10
take effect that, towit the 10Th day oil oclooHr'
1863 said Stone paid, in Confederate money,io W
T. Ednundson, then Administrator OF said dold
estate the amount due on said notes, took charge
and destroyed the same so that they cnnhot W P,o
duced upon the trial hereof that on, I9-wit ,hc
day and year last aforesaid said stone hieu IN ,ne
Pro ate Court of Dallas county, Texas, his petition
setting ont in substance tho conveyance aforesaid
from said Mott to him, and said bond Tor tltc from
Gold and wife to Mott, and payment OF said notes,
PRAYING an order for said Edmnhdson to make MN
the deed for sad lots that on, to-wt the zth gay
OF October lSG3, said Court ordered tnat stu l.u
mundson execute to said Stone decd Tor the same.
which was done by said Edmundson on the z9th d'y
of August, 1865 that on, to.wit: the ljth day oil
December 1866. said Stone, by A. H. McWharter,
(acting under power CT Attorney from said stone
and Sue u. Stone his wife, of Sept ON, loo9,l con-
veycd said property to one 7. a. sanders, VINO, GA,
to.wit: the Goth day of December, 1866, conveyed
the same to defendant A. NJ. Horn, VINO Is now, ana
has been since the date last aforesaid IN possession
of the same using enjoying and receiving the rents
nd profits Thereof, which are of great value TO-
wit Of tho value Of five hundred Dollars per an
nam. -, . ~
said po.os by said Stone in Confederate money, as
aforesaid and their delivery to him was in viola
tion of law and null and void that for the same
cause said order of the Probate Court OF Dallas
county is and was an absolute nulity, that the SAID
Sanders and Horn had notice OF the iacts ABOVE sou
forth before their purchase ofsaid property ana thc
alterations to them are and were also null that
said notes are and ofrghts ought 10 DC me proper
ty of plaintiff as Administrator Aforesaid ana 'hc
money and interest therein specified is justly dno'
and owing to him as such or Mt his option sa'u
property is the property OF SAID uolus estac'
The prem ises considered plaintiff now here eic Gus
to recind the contract between his inestate ana me
said Mott lie prays the court to cancel and set ASIDE
the notes and bond aforesaid to grant him aJuBd-
ment and decree for said lots and writ of
for the same, together with the value Of TIE rents
and profits since Dec. Goth, 1872
should he DO mistaken in the relief sough :, nc
then prays in the Attenuation for Judgment for tho
,rincnai and interest specified in said notes, ana
Tho enforcement Of the vendors lien on said lots.
lie further prays for ali other and further general
and special relief to which in law or equity he may
NE entitled. and he will ever pray, etc.
Herein fail not, but have you then and there be-
said court this writ, with your return thereon,
showing how you have executed the same.
Witness, JUnn ~ Laws, Clerk OF the
(SE.T> District Court of Dallas county. l
~ Gen under my hand ne and the ,h scHi i oi
vt" ''' u ''p'V"V''' a = Join oil NJ. LAWS,
ok u. Ct. D. c. Texas.
by H. Boil Deputy. 1:3w.