The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1878-04-04
THE STATE OF TEXAs.
To tie Sheriff or a"y Constable Of
Trpu,.iS Io,t,fg Ipeay;uU.

To tie Sheriff or d"y Constable Of
Iracis County, Greeting:
You are hereby commanded that by max
ing publication of this citation in some
newspaper published IN Travis county for four
successive weeks previous 10 the return day
whose residence by affidavit on file is alleged to
be unknown, to be and appear before the honor
able District Court, to be holden IN and for the
county OF Travis, at the curt house thereof, in
ter the first Monday in January 4. D., ISIS. then
and there to answer the petition OF b. Eastman,
who resides in Walker county, State OF Texas,
alleging in substance as follows, to-wit: l.
That the plaintiff, b. Easthim, is the .egal and
equitable owner. and as such selZed and pos
sessed OF the following described tract OF land.
LIVING in the county OF Travis and Stste OF Tex
as: Beginning on the West boundary line OF
league No. 3. surveyed for &. W; Glasscoek.
assignee, at a stake and mound; thence south
Is dcgrens west 80 varss 10 branch course
south 2J0) VaTas TO q stake from which a mes
quit eight inches in diamcle r, bears sOnth IS
Ya'ns, another four inches i'll diameter marked
y. bears south 10 Il, grtes weEt 10 varas; thence
north As degrees W. Il $40 Naras 10 branch,
course northeast 300 va'as 10 u stake frem
which mesquit eighr inches in diameter, bea's
north degrees g. 10 yaras, aiol her six in. hes
in diameter bears north 90 degrees east 20 v;tas;
hence nortn 45 d. grees east 800 vAras TO "a
sthke from which nackherry four inches in di-
AIneter. bears north 20 degrees east 20 varas,
another six inches IN diameter bears north 30 de-
grees west p veras; thence sou b IS degrees
cart DipU NArQS 10 the DcHlQll =. DNlf inc
same tract OF land pa'eRted To the heirs OF
Jacob Belts deceased, lyidg 90 the west side OF
the Coiorac river. 81 h 1 on the eighth day
Of January, 1873, the said William Welsenharn,
defendant, procufe cd prete. ded deed Of convey
ance OF SAID premises from one Joseph Nader,
and has caused the same to be placed upon the
records OF deeds of Travis county in Book IS,
pages 2i1 and 2ts, and has been and still Is as
serting some sort OF claim TO said tract of land
under saiS deed: that said pretended deed from
said Nadl to said defendant was made without
consideration; that the came was so made for
the purpose OF defrauding plaintiff and those
under and through whom he clsims out or said
land; that at 4 c time of making said pretended
deed the defendant well knew that said Nader
had not paid he purchase money for said land;
that he had no right 10 sell and convey the same,
a. d that plaintiff then held the notes OF said
Nader fora large amount OF money secured by
deed of trust upon said tract OF land, and that
the title OF plaintiff was superior TO the title OF
Nader; that said OF ed was made through fraud
for lie purpose OF defeating tue claim OF plaintiff
and those through whom he holds the said tract
Of land; that said deed casis u cloud upon plain
uff's superior title 70 said land, dlminisaes the
value thereof, and prevents plaintin from sell
ing the same. 3-PiAntif gives defendant no
ice to produce the following deeds and title pa
pers nov IN his possession, or secondary evil
deRce OF their contents Will be offered on the
triat OF THIS cause, TO vii; i. Inc SrlglhaI pat
ent from the State of Texas 10 the hers OF ia
cob Belts. 2-Deed from &. D. Bets and W. II
Rigsby to Joseph Nstller, Ola, ed july 8, 1874.
3-Deed from Joseph Nadler TO William Weisen
hrrn dated j nuary S, 1875. Plaintiff also Civ, s
notice OF the filing of the followind deeds and
title pspe4s. to-WIt: deed of trust from
Joseph Nader to c. u. Belts and W. Il Rigshy,
dated July 6, 1874. 2-Deed from Geo. b. Zim-
peman, acting trustee for SAID Nader to B.
Eastman, dated May 4, 1915, add both OF record
in Travis county
Premises cons dered, plaintiff prays for eta
ton by publication for said defendant, and for a
Judgment and decree cancclhng the deed from
said Joseph Nader 10 the defendant, and for the
removal OF the cloud from his title To said prem
iSes and that ne be forever Quieted in his title
and possession OF the same He also praTs for
costs, ano for general and equitable rslief.t
Herein fail not. but have you then and there
this writ before our 81 d court win your return
thereon showing how yoa have executed the
same. f
Witness, f, Hallnlann, Clerk o. the District
Court of Travis county, and the seal OF
lSeall said court attached a. ONCE in the city
OF ARs;in, this the twenty second day
OF March, A. n. 1873.
E. HALLMANN. c. d. c. T. Co.