The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1877-04-15

flNHll STATE or TENAS-T TO the sheriff
i or any constable Of Dallas county,
greeting You aro hereby commanded that
by making publication OF this citation I'm
some newspaper published Ia said county
for four weeks previous TO return dny hereof,
you summon John CadOnon, whose resi-
Il nee IL unknown 10 be ana appear hoioro
the District Court to be holden In and iur the
county OF Dallas, ut tho courthouse thereof,
In the city Of D0llnS on the "a Monday IN
June mex I, then ana there 20 answer thC pc
tition Of John Schwel2er filed In said court
against the said John CndOnon, ana alleging
IN substance az follows, to.wit rlM on tho
lltn day OF August, a. ID. loN, doien ant
made, executed ami dellvolo 10 plaintiff
his certain prOmissory note In writing, by
the terms of which defendant became liable
and bou d, and promised plaintiff 10 pay
him one day after date thereof, twelve hum
dred dollars, with interest thereon nom date
nj the rate OF twelve per cent per aunum;
that said note has long since become due
and payable but that defendant, though Of
ten requested TO pay OFF and discharge the
same M wholly failed ana neglected To pay
said sum OF money, or any part thereof, cX-
cepting the sum OF siXty'one dollars, paid
ON the 18th day OF August, 1874, and twelve
dollars paid on the 10Th of day of August,
1874, each OF said payments are endorsed on
said note, to plaintiffs great damage twenty
i've hundred dollars Plaintiff further rep
rusonts that said note was given for the pur-
chase money for n certain tract of land ly-
north 10 degrees east from the Courthouse ~
the city of Dallas, and more particularly de-
scribed as follows, to-wlt; Out OF The north
corner OF 3GGjt acre tract decided TO John
j. Eal1ins by John Ealkins and wife, on the
18th day of September, 1856, out OF tho orig
lua John GrigSby league. survey and
bounced rs follow; Beginning at said north
corner of said $685. acres of land thence south
10 degrees west l4Oyards to the north corner
of " tract OF land sold to John W. Smith;
thence south 8 - degrees west - yards to Il
pecan tree Ii inches in diameter; thence east
80 yards to corner an Elm II inches brs,
north so degrees west 10 links; thence south
10 degrees east llj yards to corner; thence
north As degrees east 40 yards to corner
thence north u degrees west 1876 yards to the
place of beginning and containing six acres
OF land, upon which the vendors lien now
exists. Plaintiff further represents that the
deed tor said land executed by him to de-
fendant Is in the possession of said defend
ant, who Is now here requested 10 produce
the same in court ON the trial of this ca Sc,
and Mess the same is produced Il certified
copy OF tho record thereof will be offered in
evidence, which IL herewith tled, marked
exhibit "B." The promises considered
plaintiff prays that defendant be cited to APP
pear and answer herein, as the law directs,
and that, upon final hearing hereof, he have
Judgment Tor his said debt, interest and
damages, and costs OF suit, and for decree
oreclOslng the vendors lien upon said lRnd.
and for general and special relief. and, as in
duty bound, he will every pray, etc.
f Herein fail not, but have you then and
there, before said court, this writ with your
return thereon, showing how You have exc
Cuted the same.
Witness, W. \. HARDWOOD, Clerk of the Dis
trict Court of Dallas county.
Given under my hand and the seal of said
court, at my Office in the city OF Dallas. this
the 22d day OF March, a. ID. lSl7.
W. "A. HARDWOOD,
Jerk District Court, Dallas county, Texas.
inch 23w7t