The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1877-04-10

uNHE STATE OF TEXAS-To the sheriff
Il or any constable OF Dallas county
greeting: You are hereby commanded that
by making publication OF this citation in
some newspaper published in said county
for four weeks previous to return day hereof,
you summon John Cadonon, whose rest
d nee il unknown to be and appear before
the District Court to be holden In and for the
county of Dallas, at the courthouse thereof,
in the city of Dallas, on the 3D. Monday In
June next, then and there to answer the pc.
tition of John SchweiZer, filed in said court
against the said John CadOnon, and alleging
In substance rs follows, to,wit: That on the
nth day of August, A. D. 1874, defendant
made, executed an delivered to plaintiff
his certain promissory note in writing, by
the terms of which defendant became liable
anu bon Il, and promised plaintiff TO pay
him one day after date thereof, twelve hun.
dred dollars, with interest thereon from date
Mt the rate OF twelve per cent per annum.
| that said note has long since become due
aud payable but that defendant, though of.
ten requested TO pay Off and discharge the
same, rs wholly failed and neglected to pay
said sum OF money, or any part thereof, ex-
ceptlng tho sum of SiNty'One dollars, paid
| on the 18th day of August, 1874, and twelve
dollars paid ON the 20th 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.
resents that said note was given for the pur-
chase money for certain tract OF land ly.
ing In said county of Dallas about two miles
north 10 degrees east from the Courthouse ut
the city OF Dallas, and more particularly de-
scribed as follows, to-wit out of the north
corner OF q 5000 acre tra"t decided to John
j. Eakins by John Eakins and wife, ON the
18th day of september, 1856, out of the orig.
inal John Grigsby league. survey and
bounced rs follow; Beginning nj said north
corner OF said SiGl4 acres OF land; thence south
70 degrees west lI0yards to the north corner
OF q tract of land sold To John W. Smith.
thence south Sl-2 degrees west s. yards TO a
pecan tree Ii inches In diameter; thence east
30 yards to corner an Elm IL inches brs,
north 10 degrees west q links; thence south
- degrees east ll6 yards to corner; thence
north - degrees east 40 yards to corner;
thence north Il degrees west 1876 yards to the
place OF beginning aud 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-
PENDANT Ia In the possession OF said defend
ant, who IL now here requested to produce
the same In court on the trial OF this ca n Sc,
and Mess the same Is produced a certified
copy of the record thereof will be offered i'm
evidence, which Is herewith hled, marked
exhibit "B." The premises considered
plaintiff prays that defendant be cited to an.
pear and answer herein, rs the law directs
and that, upon final hearing hereof, he have
Judgment for his said debt, interest ana
damages, and costs OF suit, and for n decree
oreclosing the vendors lien upon said land.
and for general and special relief and, As IN
duty bound, he will every pray, etc.
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, WA. Harwood, Clerk OF the Dis.
tfict Court OF Dallas county.
Given under my hand and the seal of said
court, al my office In the city OF Dallas. thIs
the I'D day of March, 4; d; lsiT; ,,a.
Jerk District Court, Dallas comfy. TeHas
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