Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1873-01-11
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~ THf snffrf ~ bAftAa CO. "htirIsdi
You .o hsfsly eogimaced'd W. yon .u,Cgtnop v
publication. John htNeill nha james 4. ufoeks.,,
G,to Tho District Court 10 10 holden N and for ihe
Comfy Of Bailss al The Court ousc thereof In The
CIV of Dallas, on the lat Monday In February a :.
p $50 son ard A., ,n,I 70 a@ o", I s ~.
Joln Mcneil WI, Clark, ], ". Bryan, And James
A. Crockett, and aIlcdglne In s"bsinnre rs follows.
to.wlti That Defendant John Mcneil on ne 81,
delivered 10 Tialni ls certain prornlssory Note IN
writing, In tuhsishce M follows
ON or before tho frat dav Of Jahtsry, AID. 1873,
pron,ino to pay II. g. Miller or bearer Nineteen
Hundred and Fifty Dollars (s1oao) American gold
coin with interest from date At tho raio Of ten per
cent per annum. This bsing the purchase morsy
FOR tract Of three hundred acre. Of land this day
conveyed by tho said Miller and NJ. A. Miller, his
wife. to mo, this Dec. sth, A. d. 1871.
iSigned) JOHN McSElLL.
Whereby the said defendant Mcneil became liza.
BILE and bound and promised TO pay Plaintiff or bear
or the sum Of money in said note mentioned, With
10 per cent. interest thereon according TO ts tenor
and effect that said note hns long since been drc,
vet tn ougb often requested, Defendant McNeil' has
never paid the same, any part thereof to Palna's
damage three thousand dollars. Plaintiff further
shows to your Honor that the pendant Mcneil
for the purpose OF securing the payment OF the sam
In said note mentioned, with interest thereon. on
tho day and date of the execution and delivery OF
tho same executed and delivered to Plaintiff mort.
cage whereby he granted, bsrgained, and sold and
mortgNged TO Plaintiff the following described prem
isos, with the npiurtenanc's hrreunio belonging,
tG-wt All that tract or parcel of land stune, lying
aud being In the County and State aforesaid, about
u miles $50 East of tho City OF Dallas nnd known
ms part Of s. Phelps Gip acre Survey. beginning
Mt tho corner OF tho aforesaid GAO acfes survey,
thence 7O7 yrs. N corner Of W. F. WorthinG.
tons 40 acre survey, an ash inches vrs., wy
Thence 45l rs yrs. corner Of said 40 acre sur
yey, ther 60 $40 yrs to stake in line OF said
MT. l...H arp ets..- On
line of said Phelps survey, N i corner Of 800
acne tract sold to said Worthington . ash yrs, N
go W ,rs, thence 1867 yrs w corner Of said juo
survey, thence lhl3 TO the beginn Ing 60 n
| tainiIg 800 acros Tho condition of said mortgage
is that the snme shall be null, void and oil no effect
| If the said Defendant should well and truly pay on
| and discharge the said promssory note, together
with all interest which may accrue thereon ut The
maturity thereof, and in case of default in the pay
ment OF said note according to the tenor anu enec,
thereof Plainti IL empowered to sell sain mortgage"
premises in pursuance of directions aitculirly SET
forth in said mortgage and out ofth money arising
from the sale topSy the in said note mentioned
and interest thereon due and I'll COSTS tho surplus
| Fl any, TO be returned to the morigager.
1t is further stipulated In said mortgage that, IN
tho event the Defendant McNeill should sell said
premises, or any part thereof he, the said Mcneil,
shall be at liberty TO substitute the debt cue from
his vendee and that the debt debts 90 substituted
by the terms of the mortgage to be secured by
| mortgage Tor an equal amount Of the above m1n
toned sum of nineteen hundred and fifty dollars -
The said mortgage WAS duly recorded IN the ONCE oi
the Clerk of the District Court of Dallas County on
the 9th day of February A. D. 1872 aud tho same IL
| herewith filed RS part Of this petition, marked Ex,
hbit b, and notice Is hereby given Defendants tha'
the samo will be Tend in evidence Ivy Plaintiff on tho
trial of this cause. Plaintiff further shows TO your
Honor that the said Defendant has failed to comply
| with tho conditions Of the said mortgage by omit,
ting TO pay the sum OF money in said note mentioned
or substituting other notes Ms above sot forth ana
there is no Justly duo tho Plaintiff, the principal
and interest of said note; that Plaintiff IL
| informed and believes that tho Defendants
| Ilnrk, ] II Bryan and JAS. A. CTokcti
claim como interest in or lien upon Tue SAID
| mortgaGed premises, or some part theIco u
which in forest or lien II any, has accrued as Plain
tin charges and believes subsequently to the lien o.
said mortgage. Premises considered, Plantifi pray
that the Deonants be cited to answer this petition
and that he have judgement for his debt, interests
and cost =, and that Defendants and all persons claim
ing under them subsequent to the commencement
this suit may DO barred and fOrcclosed "i all right
claim, lean and title to s,id mortga8ed PREMISE
may and that said premises be decrced t.
be sold according to law and tho proceed
Iapplel t. tho pay nent of Plaintiffs debt, IN
terest and costs, 80 far the amount OF such mon
eys properly applicable thereto, will pay the same
and that the defendant McNcill may lie adjudged t'
pay any deficiency which may remain after appIyin
ali of said moneys applicable thereto and for gen
sral relief.
Herein fail not, but have you then and there be
fore said Court this writ with your return thereon
showing how you have executed the SAME
Il Witness John NJ. Laws Clerk OF tn
ErN District Court of Dallas County.
eEAn Given under my hand and zeal o, san
wv Court, in the City of Dallas, this 9Th da.
Cl'k Dist. Ct. d ,las Co., Texas.
ByJ. E. CooMBEs Dcputy.
january IL, lS73.-ls:it