The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1877-04-17

flNHE STATE OF TEXAS-To the sheriff
1 or any constable Of Dallas county,
greeting You ere hereby commando that
by making publications OF this citation In
some newspaper published In said county
for four weeks previous 10 return day hereof,
you summon John Cadonon, whose resi-
Il nee Is 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 81 Monday IN
June next, then and there TO answer the PEI
tition of John SChweiZer, filed in said court
against the said John Cadonon, and alleging
IN substance us follows, to-wit: That on the
nth day OF August, y. D. 1871, defendant
made, executed an | delivered TO 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 hun
dred dollars, with interest thereon from date
ut the rate of twelve per cent per annum;
that said note has long since become due
and payable but that defendant, though of
ten requested to pay OF and discharge the
same, rs wholly failed ana neglected 10 pay
said sum OF money, or any part thereof, eX-
ceptilig 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
five hundred dollars. Plaintiff further rep
res, nts that said note was given for the pur-
chase money for II certain tract OF land ly-
ing In said county of Dallas about two miles
north rs degrees east from the Courthouse at
the city of Dallas, and more particularly de-
scribed as follows, to-Wt; out of the north
corner of n 1904 acre trart decided to John
j. Eakins by John Eakins and wife, on the
18th day OF September, 1856, out of the orig
iual John Grigsby league. survey and
bounced as follow Beginning at said north
corn or of said 1856 acres of land thence south
10 degrees west l40yards to the north corner
OF tract OF land sold to John W. Smith;
a, Il
pecan tree 10 inches in diameter; thence east
81 yards TO corner an Elm u inches bTS,
north so degrees west 10 links; thence south
40 degrees east llB yards to corner; thence
north IS degrees east ITO yards to corner;
thence north ~ degrees west 1915 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 10 produce
the same in court ON the trial Of this ca Sc,
and Mess the same Is produced certified
copy OF the record thereof Will be offered in
evidence, which Is herewith tiled, marked
exhibit "B.' The premises 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 for his said debt, Interest aud
damages, and costs OF suit, and for q decree
oreclosing the vendors lien upon said land.
and for general and special relief and, as in
duty bound, he will every pray, etc.
I 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, ....1
Witness, W. A. HARDWOOD, Clerk OF the Dis
trlct Court of Dallas county.
Given under my hand and the seal of said
court, at my office in the city OF Dallas. this
the I'D day of March, A. ID. lS77.
q w. A. HARDWOOD,
Jerk District Court, Dallas county, Texas.
inch 28w1