The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1877-04-13

uNHE STATE OF TEXAS--To the sheriff
L 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 prey ious to return day hereof,
you summon John Cadonon, whose resi-
d, nee Is unknown TO DO and appear before
the District Court to be holden In ana for the
county OF Dallas, mt the courthouse thereof
I'm the city of Dallas, on the 3D. Mond2y 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 ms follows, to.wit That on the
llth day OF August, A. d. 1874, defen liant
made executed an delivered To plaintiff
his certain promissory note In writing, by
the terms ofwh!ch defendant became liable
and bou d, and promised plaintiff 10 pay
him one day after date thereof, twelve hun.
bred 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 off ana discharge the
same, as wholly failed and neglected To pny
said sum of money, or any part thereof, Ok
cepting tho sum of sixty one dollars, paid
ON the 18th day of August, 1874, and twelve
dollars paid ON the 18th of day of August,
1874 each of said payments are endorsed pn
said note, to plaintiffs great damage twenty
Ave hundred dollars. Plaintiff further rep
resents that said note was given for the pnr-
chase money for % certain tract OF land ly-
north 70 degrees east from the Courthouse ut
the city OF Dallas and more particularly de-
scribed M follows, to-wit:. out of the north
corner OF Il 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 Grgsby league. survey and
bounced M follow Beginning at said north
corD er OF said 1867 acres of land;thence south
10 degrees west lI0yards to the north corner
of q tract of land sold 10 John W. Smith
thence south 3 IL degrees west 81 yards to II
pecan tree IL inches in diameter; thence east
81 yards to corner an Elm II inches hrs
north 80 degrees west 10 links; thence south
10 degrees east zig yards TO corner; thence
north 40 degrees east 40 yards to corner
thence north II degrees west la6 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-
fendant IL 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 certified
copy OF the record thereof Will be offered in
evidence, which Is herewith filed, 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 for his said debt interest ana
damages, and costs OF suit, and for u decree
orecloslng the vendors lien upon said land.
and for general and special relief. and, as in
duty bound, he will every pray, etc.
Herein fall 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. A. 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, a; D; iSn7; ,yoor
Jerk District Court, Dallas county, Texas.
ncn l3W7t