The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1878-03-28
THE STATE OF TEXAS.
To the Sheriff or any Constable q
Ifacis County, Greeting:

You are hereby COMMUNICATIVE by max
ing publication of this citation in sumo
newspaper published in Travis county for four
successive weeks previous TO the return day
hereof, you summon William Weisenharn
whcse residence by affidavit on file is alleged to
be unknown, to be and appear before the honor
able District Court, 10 be holden IN and for the
county or Travis, at the urt house thereof, IN
the city OF Austin, On the fifteenth Monday af-
ter the first Monday in January A. D., 1878, then
and there to answer the petition of B. Esstham,
who resides in Walker county, State OF Tex IL,
alleging in substance as fellows, tO|Svit: l.
That the plaintiff, B. Eastman, is the legal and
equitable owner. and as such seized and pos
sossed of the following described tract OF land,
lying N the county OF Travis and st ate OF Tex
as: Beginning on the West boundary line OF
league No. 3 surveyed for G. w. Glasscock (,
assignee, at stake and mound; thence south
IS degrees west 30 varas TO q branch, course
south 2S0) varas 10 a stake from which i mes
quit eight inches in diameter, bears south is
va as, another four inches In diameter marked
y. bears south 20 degrees west 10 varas; thence
north As degrees west $40 Narss 10 a branch,
course norj beast 800 varas TO q stake from
which mesquit eight inches in diameter. bear :
north 3degryes WIS; 40 va-as, another six in hes
IN diameter, bears north go degrees east 50 vata.
thence north Is degrees east 800 varas to q
stake from which a blackberry four inches in d.
ameter. bears north 30 degrees east 20 varas
another six inches in diameter bears mouth 30 de-
east 800 varaS to the bcginni z. Berg the
same tract OF land pa'eRted To the heirs Of
JNCOD DSltc. NSCcHSSN, lllIX on the WeSL SlQe OF
the Coloraco river. 2-rhd on the eighth day
of January, 1915, the said William Weisenharn,
defendant, procured prete ded deed OF convey
ance OF ssid pr misses frcm one Joseph Nader,
and has caused the same to be placed upon the
records OF deeds OF Travis county. in Book IS,
pages 2i7 and 2iS, and has been and sill is as
sorting rome 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 samc was 80 made for
the purpose OF defrauding plaintiff end those
under and through whom he claims out OF said
land that al time OF walking said pretended
deed the defendant wen knew that said Nader
had not paid the purchase money for said land /;
that he had no right 10 seal and convey the same,
=. 4 that plNiR;iG then held the notes OF said
Nader fora large amount OF money secured by
dc d of Trust upon said tract OF land, and that
the title Of plaintiff was superior 10 the title of
Nadl, T; that said ed was made through raud
for he pulpo-e OF defeating the olan OF p aintin
and those through whom he holds the said tracL
Of land; tcat I'd decd CASTS cloud upun plain
uitS superior title to said land, dminis les the
value thsre0., aud prevents plaintiff nom sell
Ing the same. S-flaintiH gives dc endanL no
lice 10 produce the following deeds and title pa
pers, now IN his possession, or secondary eyi-
deFce OF their contents will be offered on the
t,ial OF this cagse, TO Wit: !. The original pail
cnt frr m the State OF Texas 10 the helrs OF ia
cob Belts. s-Decd from q. ID. Bets and W. II
Ri1soy 10 josef b Nader, Dis cd July 6 1871.
S-Deed from Joseph Nader 10 William Weisen
hsrn. dated January s, 1875. Plaintiff also CIV, 5
notice Of the ding OF the foilowind deeds and
silc papcis. tO-Nlts l-Deed OF trust nom
Joseph Nader 10 c. ID. Belts and W. II. Rigshy
dated July 6, lS7L 2-Deed from Geo. b. Zim-
pesinan, acting trustee for said Nader TO b.
Eastman. dated Nay I. 1875, AID both OF record
in Travis county
Premises cons dered, nla.nti9 prays for e,ta-
ton by publication for said defendant, and for a
Judgment and decree cancelfing the deed from
said Joseph Nader 10 the defendant, and for the
renewal Of the cloud from his title 10 said prem
ises, and that he be forever Quoted in his title
snd possession OF the same. He also praVs for
costs, ane for general and equitable relief.
Herein fail not. but have you then and there
this writ before our - d court with your return
thescoa showing how yea have executed the
same.
Witness, +. uslimtnn. Clerk OF The District
Court Ct Travis coSnty. and tho seal Of
Seal s;ad court alta he'd AZ Office IN The city
~ Ass;in, tails tec twenty~sec-s nd day
OF March. A. u. ISIS.
Z. HALLMANN. Z. d. c. T. Co.
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