The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1877-04-14
rHE STATE OF TEXAs-To the sheriff

u,HE STATE or TEXAs-To the sheriff
1 or any constable OF Dallas county,
greeting. You are hereby commando 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
dtnCe IL unknown TO DO and appear before
the District Court 10 DO holden In ana for the
county of Dallas, NJ tho courthouse thereof
In the city OF Dallas, ON the ID Monday IN
June next then ana there 10 answer me PEE
tition Of John ChweiZer, filed in said court
against the s0id John Cndonon, and alleging
IN substance us follows, to-wit. That on the
llth day of August, A. y. 1874, defendant
made, executed I'm delivered 10 plaintln
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
at the rate Of twelve per cent per anuum;
that said note has long since become due
and payable but that defendant, though Of
ten requested TO pay of and discharge the
same, AZ wholly failed and neglected 10 pay
snid sum of money, or any part thereof, ex-
ceptiug the sum of sixty.one dollars, paid
on the 18th day of August, 1874, and twelve
dollars paid ON the 25th 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-
ing in said county of Dallas about two miles
north 10 degrees east from the Courthouse NJ
the city of Dallas, and more particularly de-
scribed ms follows, to-wit: Out OF the north
corner of a 1861. acre tract 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 Mt said north
corner OF said 1864 acres of land;thence south
10 degrees west liOyards to the north corner
of tract OF land sold to John W. Smith;
thence south 8 .2 degrees west 5j yards TO Il
pecan tree Ii Inches In diameter thence east
50 yards To corner an Elm u inches brs,
north 50 degrees west Us links; thence south
10 degrees east llG yards to corner; thence
north 10 degrees east 40 yards to corner;
thence north Il degrees west 1916 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-
PENDANT IL In the possession of said defend
ant, who Is now here requested 10 produce
the same in court on the Trial of this Gu Sc,
and Mess the same is produced certified
copy OF the record thereof Will be offered in
evidence, which is herewith fled, 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 Tor his said debt, interest aud
damages, and costs OF suit, and for n decree
oreclOSlng the vendors lien upon said land.
and for general and special relief and, as III
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.
Witness, WA. Harwood, 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 I'D day OF March, 4: ID. 1871.
W. A. HARDWOOD,
Jerk District Court, Dallas county, Texas.
mch 23w7t