The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1878-04-11
IFHE STATE OF TEXAS.
To the Sheriff or any Constable Of
IraOis County, Greeting:

You are hereby communicating by max
ing publication of this citation in sume
newspaper published in Travis county for four
successive weeks pre'ious 10 the return day
hereof, you summon William Weisennarn
whose residence by affidavit on file is alleged 70
be unknown, to be and appear before the honor
able District Court, 10 be holden IN and for the
county or Travis, at the C. urt house thereof, IN
the city OF Austin, On rhe fifteenth Monday af-
er the first Monday in January A. d., 1875 then
and there TO answer the petition of B. Eastham,
VINO resides IL walker county, State OF Texas,
alleging in substance as fellows, to-wit: l.
That the plaintiff, B. Eastman, is the legal and
equitable owner. and as such seized and pos
sessed of the following described tract OF land
lying IN the county of Travis and Stste of Tex
as: Beginning on the West boundary line of
league No. 3. surveyed for G. W. Glasscotk
assignee, at stake and mound; thence south
IS degrees west go yaras 10 branch, course
south 25O0 varas 10 stake from which q mes
quit eight inches IN diameter, bears south Is
Va as, anoI her four inches in diameter marked
Y. bears south 20 de grees west 10 varss; thence
north As degrees W 81 1910 'aras 10 branch,
course nori beast 800 va-as TO stake frem
which mcsquit eight inches in diameter, bea-s
nor degrte s wtss 40 varas, anoiher six int hes
IN diameter, bears north 80 degrees east 50 va-a;
hence north As degrees east $500 varas to
st Ike from which a blackberry four inches in di-
ameter, bears north 20 degrees east 20 varas
another six inches in diameter bears north 80 de-
grees west 25 varas; thence south As degrees
east 500 vards 10 the beginni g. Bel g the
same tract of land pa eRIed TO the heirs Of
Jacob Belts. deceased, lying on the west side of
the Coloraco river. 9Th / on the eighth day
Of January, 1875, the said William Weisenharn
defendant, procuI ed prete ded deed Of convey
ance OF said premises from one Joseph Mailer,
and has caused the same to be placed upon the
records OF deeds of Travis county in Book rs
pages 2i1 and as, and has been aud still is a.
sorting some sort of claim 10 said tract of land
under ssis deed; that said pretended coed from
said Nadl T to said defendant was m lde without
consideration; that the same made for
the purposo OF defrauding plaintiff and tho-e
under and through wn IN he claims out OF said
land; that at time Of siaking said pretended
deed the defendant Wen knew that said Nader
had not paid he purchase money for said land;
that he had no right 10 sell and convey the same,
\ d that plaintiff then held the notes OF said
Nader for large amount OF moneS secured by
de OF trust upon laid tract OF land, and IN Il
the title OF Plaintiff was superior TO the title of
Nader; that said ed was made through fraud
for he purpo OF defeating ne claim of plaintiff
and those through whom ne holds the sand trac
Of lsnd: tuat I'd deed casts cloud upon plain
I'M superior tide to said ianc. d minis the
value thereof, aad prevents pis intiT from sell
ing the same 3-PIainti6 giyss dc endAnt no
ice 10 produce The foliowir 2 decS and tile pa
pers. noS IN his posse ssion, or secondary evi-
del &c OF their contents viii be offered on the
trial OF this cause, 70 Nit; ]. The original pat
cob Belts. 2-Deed from c. ID, Bet and ". II
Riyshy to JOSEPH Nader, da ed July 6 1874.
3-Deed from Joseph Narler TO Wiili-m Weisen
harm. dated January {, 1875. Plsinuf also CIV.
nouce OF the ding of tbs followind deeds and
title pspe.s tc-glt: deed OF tTu<t from
joseph Nader 20 c. D. Belts aud w. II. Rigsty,
dated July 6. 18Th 2-Dccd from Geo. b Zlm-
peiman. acting trustee for said Mailer to b.
Eastman, dated May {, ISIS, AID both Of recorc
In Travis clunty
Pr mi-es eoas dered, plaintiff prays for eta
ton by publication fOr said defendant, aud for 4
alignment and decree canceliing the deed from
said Joseph Nader 30 the cefvn dsnt. and for the
removsl OF the cloud from his title 10 said prem
ises, and thai he be forever q1ieled in hls title
Emo possession OF the same He aiso prAyp TO-
costs, anc for general and equitable relief.
Herein fail not out have yoa then and there
this writ before our - coart with your return
thereon showing how you have executed the
sane
Witness. Z Hailmann. Clerk OF the District
Court 81 Travis county. and the seal Of
lSeal said coart attached Al once in the city
Of Avssin, this tte twcnty scccnd day
OF March. A. y. ISIS
Z HALLMANN, c. D. c. 7. Co.
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