Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1873-01-25
v'mg STATE ov TINS,
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W fnn HHfHiTT of DAiiAH 'os-NtNIlFhl
You are hereby commanded ihst Jou summon Wy
pobIrsllon, John McSell and James ,ctotksu,
,ho,s residence II nnk Horn, To- BE- snd sppssf 10.
fo,e The District Court 10 he hnd'n IN and tf Tho
Count, Of Dallas, ~ the Court IOua- ihefsof IN Tho
Ciiy d Dallas, On ihe u, Mgndsj 10 f'bIantJ. A.
Henry g. Miller hled In said Court against tbs said
John McNeill WI claIt, J, u. Bryan, and james
A, Crockett, sud allsdglng IL srbsienee NJ follows,
to.,lti That Defendant John MtNeill On tho 9Th
dny Of peco nber, A, u, 1871 made, executed sud
delivered to Plantln his certain promi,'ory Note In
writing, IN substance ~ biloNsi
On or Loioro tho hrsi DAY Of January, A. d. 1873.
urou,Iso to pay N, e. Miller OF bearer Nineteen
Hundred nnd Finy Dollars 5000 American gold
coin with interest from date Mt tho rate Of ten per
cont. per annnm. This being the purchase morty
for tract o three hundred acre. Of land this day
conveyed by tho said Miller aud NJ. A, Miller, his
"''i isIppcdt JOHN McNEILL.
bic and bound and promised TO pay Paintf or besI-
or the sum OF money In said note mentioned, with
10 per cent interest thereon according TO itn tenor
and effect that iad note has long since been duo,
vet, IN ough often requested Defendant Mcneil has
never mid the same, any part thereof TO Plalhas
damage three thousand dollars. Plainiin further
shows to Your Honor that the Del ebdhht Mcneil
for the puyIoss u securing the payment OF the sum
In sad mite mentioned, with interest thereon, on
tho day and date OF the execution and delivery OF
tho same, executed and delivered to Plaintiff mort
gngp, whereby no efhhteu anu hoIu anu
mortgaRcd TO Pniniif The following described prsR-
isos, with the Rppurtrnancrs th.reunto belonging,
to-wit; All that tract or parcel Of land situate lying
aud being In the County and State Aforesaid, Abont
IL miles $50 East of the City Of Dallas, ard known
MS part of J. s. Phelps $40 aero survey, beginning
at the corner Of the aforesaid $40 acres survey,
thence II 767 yrs. N W corner OF ". y. W0rthing-
toms 40 aero survey, an nsh inches yrs, W.,
Thence 45l rs yrs. corner Of said 20 sur
vcy, therc CO Il 800 yrs to u stake in line OF said
Phelps 90 aero survey, thence 1902 20 stake in
n line OF said Phelps survey, corner oil u 800
acre tract sold to said worthington 2 ash yrs, N
Go W YRS, thence W 1867 yrs corner Of said 800
aero survey, thence 1913 yrs to tho begi nning con-
taniLg 800 acres. The condition Of said mortgage
is that tho same shall bo null, void and Of no effect,
II tho said Defendant should we'll and truly pay OIL
and discharge tho said promissory note, together
with all interest which ay Mciue thereon ut tho
maturity thereof and In case Of default In the pay
ment OF said mote according to the onor and OBJECT
thereof Plaintiff is empowered to .oll said morgnged
premises In pursuance Of directions particularly set
firth in said mortgage and out Of the money arising
from the alc topny the sum IN said note mentioned
and ineroht thereon due and all costs; the surplus,
II any, to be returned to the mortgngrr. -.-.
1t Is further stipulated in said mortgage that, In
tho oppIt the Defendant McNeill should sell said
PROMISES or any part thereof he tho said Mcneil,
shall he nj liberty to substitute the debt due iron,
his vendee and that the debt or debts SO substituted
wero by the terms Of the mortgage to lie secured by
mort gage Tor All equal amount Of the above men
toned sum OF nineteen hundred and MY dollars.
Tho sud mortgage duly recorded in the Office Of
the clerk OF iht DlbtTlCt COUNTY on
the 9th day Of February A. d. 1sI2, and the same is
herewith filed part Of this petition, marked TX
hibt u, and notice is hereby given Defendants that
the will e read In evidence by PlHntin, on tho
rial Of this cause. Plsinti further shows to your
Honor that the said Defendant has failrd to comply
with tho conditions OF the said mortgage by omit
ting to pay the sum OF money in raid note mentioned
or substituting other nCtUs above set forth, and
there is Justly due the Plaintiff, the principal
| aud interest of said note; that Plaintiff lis
informed and leli.rea that the Defendants,
W Clnrk. II Bryan and Jas. A. Crockett
| claim some interest in or lien upon the said
mortgagtd premises, or some part thoreof,
which interest or lien " any, has accrued, us Plain
tiff charges and bvleyes subsequently, 10 the lien Of
said mortgage. Premises considered, Plaintiff pays
that ike pepnants bc cited to answer t.is petition,
and that he have judgement for his debt, interests
and costs and that Defendants and all persons claim
ing under them subsequent to tho commencement Of
this suit may be barred and foreclcsed Of all right,
claim, lean and title 10 said mortgaged prenres
may aud that raid premises LIE dttrerd TO
be sold according to law and tho proceeds
applied t. the pay mont % Plaintiffs debt, in
tercst and costs, far the amount Of such mon
eys properly applicable thereto, will pay the samo
aud tIJt the defendant McNeill may be adjudged to
pay any deficiency which may remain after applying
al! OF said moneys 30 applicable thereto and Tor gem
eIal rciicf.
ltescin fail not but havo you then and there be-
pte nssA Court this writ with your return thereon
showing how you have executed the same.
Witness John NJ Laws: Clerk of tho
District Court of Dallas County. -,
SELL Given under my hand and seal OF said
S6NC Court, in the City of Dallas, this 9th day
of January, A. d. 1873. JOHN NJ. LAWS,
Cl'k Dist. Ct. Dallas Co., Texas.
ByJ. L. CooNDEs, Deputy.
January II, lS73.-lS:it