Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1873-01-18
FINE STATE or TEXAS.
To W., sn,sy,,, DANA. 20. o,,,,so,

| Yen ara hsriy commanded that yon ,nrn mon NJ
publication, John MtNtill aud jams A. Ctotteiiv
| Who're te.ldtnte 7, untnown. IN h. and srtssr m
fnis The pIsrct Court IN 10 holden IN md hir M
County Of Dallas al the Court iIoua thereof In ib
city NJ ppilHs, m the lot Monday In Hhrnsfy, Al
y. sIa. then and ihsrs 10 answer The petition d
Henry g. Miller Md IN aid Cour, sgsln'i tbs nI
A. Croetsit. and niledsinr IN s-hs'nncs M follow,
,o.wit; That Defendant John McNslli On ihe All
dnv NJ December, A. n. 1871 made, executed and
delivered TO Plaintiff hls certain prcmIs,ory Note
"isIi's,S Ss,' In substance as follows
On or before the ar.i dsv NJ January, An. 1875.
TSomi-" TO rsv n. &, Miller or bearer Nineteen
roin with interest from date at tho rate Of ten FER
rent. per annum. This hsine the pnrchns more
for tract OF three hundred sores Of land his day
conveyed by tho ,sid Miller and NJ. A. Miller, HE
wife; ;s 10 M, this Dec s'h' A. ~ m1, vv,,,
whereby tn. ssid Defendant MeNsllI beams I'll ia.
bic Nud bound and promised 10 nay Plaintiff or bear
er the sum Of money In said note mentioned, wlsh
10 per cent. intcrest thereon according 10 Its ttior
and effect that raid note has long since bsen due,
yet. III ough omen requested Defendant Mcneil has
mover paid orany Part thereof to Plaintiffs
shows to your iIoaor that the Der cndont Mcneil
for the puoso Of securing tho Payment OF tho snm
In said notc mtu'icntd, with interest thereon, on
the same, executed and delivered to Plaintiff mort
gage, whereby he grpnted. bsrgancd. and sold n
mortgngcd to Plaintiff the following described p
i'os, WIN me appurtenanee' 'hereuntc bslos
to-wit; All that tract or parcel Of land situate
and being In the County aud State aforesaid,
~ miles $50 East Of the City Of Dallas ard known
asa part Of s. Phelps $40 acre survey beginning
at tho corner Of the aforesaid $40 sc~s survey,
thence T67 yrs. N " corner Of W. y. Werthing.
tons 70 aero survey, an ash inches yrs. Il vr.,
Thence S5l a-5 yrs. corner OF said 20 acre sur.
Phelps $40 acre survey, thence 1869 2.5 stake in
+ line Of said Phelps survey, N y corner OF 300
acre tract sold to said Worthington ash yrs, N ]
60 yrs, thence 1867 yrs w corner Of said 800
aero survey, thence 1913 yrs to tho beginning,
tanning 500 acres. The condition Of said mortgage
s that tho snme shall be null, void and OF no ehe,
II the said Defendant should we'll and truly pay on
and discharge tho said promissory note, together
with all interest which may ncciu thereon Mt the
maturity thereof, and in OF default In the pay
ment OF said note according to the tenor and effect
iPlantin iEtmpowered to sell said mortgagod
premises in pursuance of directions particularly set
firth in said mortgage and out Of the money arising
from the sale torey the sum in said note ntioned
and interest thereon due and all costs; tho surplus,
n any, to be returned to The mortgager. -
II Is further stipulated In said mortgage that, In
tho event the Defendant Mcneil shond sell said
premises or any part thereof he, The said hlcNell
shall be at liberty to substitute the debt due II
his vendee and that the debt debts snbstitu'pS
were by the terms of the mortgage to bc secured by
mort gage Tor mn equal amount Of the above mem
toned sum of nineteen hundred and fifty dollars
The said mortgage duly recorded In The Office Of
the Clerk OF the District Court Of Dallas County on
the 9th day Of February, A. ID. iS12, aud the 10
herewith Tiled as part Of this petition, marked Er
hh Is, and notice il hereby given Eefr ndants that
the same will e read IN evidence by Plaintiff, on ihe
trial Of this cause. Plaintiff further shows to your
Honor that the raid Defendant has failed to comply
with the conditions oi the aaid mortgage by omit
ting to lay the sum OF money in sad motto toned
or substituting Other Eotcs AZ above Get forth, ami
there is now justly due the Plaintiff, the principal
and interest Of raid note; that Plaintiff il
informed end believes that tho Defendants,
w J Clnrk, ] II Bryan and JnH. A. Crockett
claim rome interest in or lien upon the said
NOR tagged premises, or rome part thsg eof
till charges and believes subs. qusntly to the lien Of
said mortgage. Premises considered Plaintiff plays
that tho pctcnautS be cited to I. Is petiton
and TINT hi have judgement for his debt interests
and costs, and that DcfendRns and all persons claim
ing under them Subsequent to the Commenccm Of
this sut may he bnrred and fore lostd o! all righs
claim, lean md title TO s,id mortgaged prcmiseSY
may and that tald premises be dccrCcd 10
be sold according 10 law and the proceeds
applet t. the payment . Plaintiffs debt, in
tciest and costs, SO far the amount Of such
eys properly applicable thereto, will pay the same
and that the defendant McNeill may 10 adjudged to
pay any deficiency which may .cmain after apply ing
all Of said moneys applicable thereto and for gen.
sIal relief.
Herein fail rot, but have you then and there be-
fore said 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. -
| Given under my hand and soal Of said
SOSCourt, in tho City Of Dallas, this 9th day
of January, 4. ID. 1873. JOuN u. LAWS,
tI'k Dist. CT. Dallas Co., Texas.
By J. T.. CooHRgs, Deputy.
January II, lST3-lS:it