Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1873-02-01
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Ciiy ~ Dallas, on the isi Nor deg IN February, A.
n. tfa, then srd there 10 snsvev the psftffes q
Henry Miller Hsd IN said Court sssiss, ihs ssl1
A. Crosts,f. sss sflsdslss N s-hslssss q sllews,
io.witi That Dsfspasnt John HcNsiii on y. ~
day Of December, A, n. mi made, sssesisd snt
delivered to PisntIf bic certain prorainery Note In
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On or before the Anf dsv n January, AL 1878. Z
promise TO pay n. O. Miller or bearer Nineteen
Hundred and Fity Dollars (sIeso) American gold
cent. per annum. This being the purchase money
for tract three hundred acres Of land this day
conveyed Iy the aid Miller and NJ. A. Miller, his
wife; % M. this Dec. s'h' a. D; Is1l v.vr,,,
whereby the ,sid Defendant McNsiiI beesms liz.
bic and bound and promised to pay Plaintiff or bear.
er tho sum Of money in said note mentioned, with
10 per cent interest thereon according TO IT, tenor
and effect that said note hiss long since been duc,
yet. though often re1uested, Defendant MCNEIL hns
never paid the same. any rart thereof to Plaintiffs
damage three thousand dollars. Plaintiff further
shows to your Honor that the DEPENDANT Mcneil
for the purpose of securing the payment Of the
In saId note mentioned, with interest thsrson, on
The same, Z )ucd and delivered to Plaintiff mort.
gnge. whereby he granted, bsrgainsd, and sold and
mortgagcd to Plaintiff the following described prem
isos, with the Appnrtepances thersnnto belonging,
towit All that tract parcel Of land situate lying
and being In the County and State aforesaid. about
IL miles N $50 East Of the City Of Dallas, ard known
asa part o. J. 8. Phelps 90 acre surrey, beginning
thence 4 767 yrs. N W corner OF W. =. werthing-
tons 10 acre survey, an ash inches yrs, W.,
Thence 46l 3b yrs. 5 W corner OF SAID 20 acrssWr
vey. thor CO 200 yrs to q stake In line Of said
phelpa $40 thence n 1862 e ntake In
n line Of said Phelps survey, N 4 corner Of $40
aero tract sold to said worthington ash yrs.
SO yrs. theme. W 1867 vrs N W corner Of said 800
survey, thence 1913 to thu beginning, con-
tainiLg 800 acres. Tho condition Of said mortgage
10 that the zane shall bs null, void and Of no effect
II the snid Defendant shonld we'll and truly pay OF
and discharge tho said promissory note, together
with all inttr',t which may accrue thereon At the
maturity thereof and in case Of default In the pay
mcnt Of rHid Eote according to the tenor and effect
thereof Plaintiff 10 empowered to sell said mortgagsd
premises in pursuance Of directions particularly set
hrth In said mortgage and ont Of the money arising
from tho sac topay the sum In said note mentioned
n any, to be returned to the mortgsger. -
1t Ia further stipulated in said mortgage that In
tho event the Defendant Mcneil Sshould sell said
premiss, or any Psrttherrof, he, the said Mcneil.
shall he at liberty to substitute the debt due from
his vendce and that the debt debts so substituted
worc by the terms Of the mortgage to be secured by
mortgage for an equal amount Of the above men
TONED sum OF nineteen hundred and NIFTY dollars.
The said mortgage duly recorded in The office Of
tho Clerk OF the District Court Of Dallas County on
the 9th day OF February, A. d. 1S72 and tho same ID
herewith filed as part Of this petition, marked Ex.
hibit u, and notice hereby given Defendants that
the same will be read In evidence by Plaintiff on the
trial Of this cause Plaintiff further shows to your
Honor that tho said Defendant has failed to comply
with the conditions OF the said mortgage by omit
ting to pay the sum Of money in said note mentioned
or substituting other notes above set forth, and
there is nov justly duo the Plaintiff the principal
and interest Of said note; that PLAINTIFF is
informed and believes that the Defendants.
W J Clnrk, II Bryan end Jas. A. Crockett
claim some interest in or lien upon the said
which interest licn II any, has accrued, ~ Plain
tin charges and believes subs qusntly to the lien Of
said mortgage. Premises considered Plaintiff prays
that the Defenants he cited to tuis petition,
and that lie have judgement for his debt interests
and costs and that Defendants and all persons claim
ing under them subsequent to the commencement Of
this suit may be barred and foreclosed right,
claim, lean and title to said mortgsged premises
may and that said premises be decrsed to
be sold according TO law and tho proceeds
applied to the payment Of Plaintiffs debt, in
terest and COSTS so far the amount Of such mon
eys properly applicable thereto, will pay the same,
and that the defendant McNeill may he sdjudgsd to
pay any deficiency which may remain after applying
all of said moneys applicable thereto and for gen.
eIal 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.
Witness John NJ. Laws. Clerk Of the
District Court of Dallas County.
Given under my hand and seal OF said
y the City Of d Rs.s TIN sS sh day
Clk Dist. ct. Dallas Co., Texas.
by J. X. CooMBEs, Deputy.
January il, lS13.-lS:4t