The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1877-04-11

tENHE STATE OF TEXAS-To the sheriff
4 or any constable of Dallas county,
greeting: You are hereby commanded that
by m King publication OF this citation in
some newspaper publ tbhed in said county
for four weeks prey ious TO return day hereof,
you summon John Cadonon, whose rest
Il nee Is unknown to be ana appear before
the District Ourt to DO holden In and for the
county OF Dallas, at the courthouse thereof,
IN the city of Dallas, on the ID Monday in
June next, then ana there to answer the Pc
titiOn of John Schwelzer, filed in said court
against the said John Cadonon, and alleging
in substance as follows, to-wit: That on the
llth day OF Augu-t, A. u. 1874, deten ant
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
at 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 10 pay of and discharge the
same, rs wholly failed and neglected 10 pay
said sum of money, or any part thereof, ex-
cepting the sum OF Sixty.one dollars, paid
ON the l2th day Of August, 1874, and twelve
dollars paid on the 18th OF day OF August,
1874, each OF said payments are endorsed on
said note, TO plaintlfFsgreat damage twenty
i've hundred dollars. Plaintiff further rep.
reese nts that said note was given for the pur-
chase money for certain tract of land ly-
north 70 degrees east from the Courthouse NJ
the city of Dallas, and more particularly de-
scribed as follows, to-wit: Out of the north
corner OF a 1861 acre trait decided to John
J. Eakins by John Eakins and wife, on the
18th day of September, 1886, out of the org
iual John GTigsby league. survey and
bounced rs follow BEGINNING at said north
corner of said 1864 acres of land;thence south
- degrees west li0yards to the north corner
of a tract of land sold 20 John W. Smith;
thence south ia degrees west s. yards TO a
pecan tree 10 inches in diameter; theuce east
50 yards to corner an Elm ~ Inches. brs,
north 20 degrees west 10 Inks; thence south
Is degrees east llG yards TO corner; thence
north IS degrees east l4O 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 for said land executed by him to de-
PENDANT Is 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 il produced tined
copy OF the record thereof VIII be offered In
evidence, which Is herewith filed, marked
exhibit "B." The premises considered
plaintiff prays that defendant be cited 10 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, aud costs OF suit, aud fOr a decree
oTecloslng 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 now 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. ID. 1871.
W. A. HARDWOOD,
Jerk District Court, Dallas county, Texas.