The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1877-05-03

uNHE STATE OF TEXAS--To the sheriff
| l 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 resi-
| Il nee IL unknown to be- anu appear before
the District Court to be holden In ana for the
| county of Dallas, Ot the courthouse thereof,
| In the city of Dallas, on the 3d Monday In
| June next, then ana there TO answer the pc.
titlOn of John SChwelzer, filed IN said court
| against tho said John Cadonon, aud alleging
| in substance rs follows, to-wit That on the
| llth day of August, A. ID. 1874, defen liant
made, executed an delivered to plaintiff
his certain prOmissory note In writing, by
| the terms OF which defendant became liable
and bou q, and promised plaintiff tO pay
HIM one day after date thereof twelve nun
dred dollars, with interest thereon nom date
at the rate at twelve per cent p3r annum;
that said note has long since become uuA
and payable but that defendant, though Of
ten requested TO pay on ana discharge the
same, rs wholly failed auA negltcte 10 pay
said sum OF money or any part thereof. ex-
cepting the sum OF stXty.one dollars pnid
on the l2th day of August, lS14, 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 Plaintif further rep
resents that said note was given for the pur-
chase money for "a certain tract of land lys
ing In said county OF Dallas about two mllef |
north 10 degrees eNHt from the Courthouse u
the city of Dallas, and mora par icularly de- |
sCrbed MS follows, tot wit; Out OF me north |
conner OF IA 1861 acre trait decided to John |
j. Eakns by John EakinS and wife. on the
18th day OF september, 1856, out OF the orig
!nal john Grigshy League. survey aud
bounced as follow feglnmng at said north |
clrner OF said 1861 acres OF iand.thence south
% degrees west 40 yards to the north corner
Of ~ tract OF land sold ~ John w. Smi tn
thence south 3l-2 degrees west 81 yards To Il
Docau tree Is inches I'm diameter. turuce pOst
81 yards to corner an Elm ~ inches hrs.
north 50 degrees west % links; thence south
81 degrees east llB yards 20 corner; thence
north IS degrees east 40 yards 20 corner;
thence nOrth - degrees west 1875 yards to the
place of beginning aud containing six acres
OF land, upon which the vendors lien now
cXieta. Plaintiff further represents that the
deed tor said land executed by him 10 de-
PENDANT l. In the possession Of said defend
ant who Is now here requested 20 produce
the same I'm court ON the trial Of this ca Sc,
and Mess the same Is produced q certified
copy OF the record thereof will be offered In
evidences, which ls herewith filed, marked
nlaintiF nrays that defendant he citsd 10 m.
pear and answer herein, rs the law directs,
and that, upon final hearing hereof he have
judgment for his said debt, interest and
damages, aud costs Of suit, and for a decree
OreclOsing the vendors lien upon said land.
and Tor senersi and special relief. and, as In
duty uund, he Will every pray, etc.
Herein fail not, but have you then and
there, before said court, this writ with your
return thereon, showing now you have exc
cuted the same.
Witness, W. A. Harwood, Clerk OF the Dis.
tIict Court of Dallas county.
Given under my hand and the seal OF said
court OF my Office In the city Of Dallas. this
the 2dday Of March, a; ID, ls 7; ewoon
Jerk District Court, Dallas county, Texas.
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