The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1878-04-09

atate aliairs aud demanded tao return
NJ tho purchased money ana notes
This waa partially aooeded 10, the notes
aud my dollars IN money were leluhH'
cd, aud his personal note, payable four
months after date, given IN lieu 81 lhe
two hundred dollars IN gold paid MN
as part Of tho consideration Tho par
Ties we're told they could either take
hls note, or aue him foT the amount
rHn GOLp dOEa W TnH hrouE
Penniless aud anxious 10 leave Texas,
Mr., Lusk accepted the ulllmalun'l
agreeing 10 tito stipulation that
all efforts ~ recover daIn7
ages should DO stopped MI
Davis finding first, that Instead ol
aettIng four hundred acres ~ land,
there remaIded ofthe section only three
hundred and twenty acres, aud seeohn'
that the first class agricultural lana
shown aud represented ~ tho tract "
be sold, was u parcel Of an adjoining
section Of rocky barren, commenced
proceedings fr the restitution OF the
tltle 20 his homestead, the poHHerhlon
of which lao had aud was 10 hold until
the two hundred dollar note WIS paid
aud satisfied, although tho property
Ind passed into their hands.
Upon learning the above iaola from
tho purchasers, u HERALD reporter
called upon MCaHrs spencer " 90, of
the Commonwealth land agency, Mr.,
Slorls NJ the firm, stating la tubrtance,
that tho land In question was placed
on their lIrt for sale by Mr. w, j,
ShOne, and that no had accompanied
Mesars. Hall ~ Lubk 10 Pnlo Pinto to
show them the tract, Before leaving
he had asked for
THE PATENT AND FIELD NOTES,
which Mr.. Shona had declined
10 give him, saying that the boundaries
of the aecIion could be easily ascer'
tanned, as there stood IN the northeast
corner OF the tract u cabin, tho only
one Ia that section Of tho county neal
tho creek. Following the description
Of Mr.. Sh0ne, ho waa salts
ned, by subsequent Developments
that the Walters survey adjoining the
Blood survey on the east, had been
shown the parties proposing TO buy
On the return trip no had proposed Ia
Messrs, Hall and Lust 10 so 10 Pale
Pinto, In order that he might verify
the meets and bounds, but those gen
gentlemen, on the representation
of the driver Of the hired team
that the road was impossible, con
cluded to return TO Dallas. The war
rantors to Mr., Shone OF the section o
land sold through the agency of hi'
house, were =, s, Ward, of 81 Claire
Michigan, and }. b. Powell, Of Dallas
Since the return OF Messrs. Hall ant
Lusk, aud the turning over Il
NJ. Davis OF the patent and
abstract Of title, he had In
vestigated the matter, and 80
SATISFIED or THE oRo0kEDNEss OF
THE TRANSACTION
that he (Mr, story had written t.
Commissioner Coos, at Austin, nm ac
count OF the conveyance of j. Il. Smitl
to Ward and Powell, the subsequent
requirement of Shone, and his sale Il
the parties Hall, Lusk and Davis.
THE HERALD reporter then inter
viewed Mr.. Shone, who, after listen
Ing to the recital OF the points fur
nished the reporter by all of the above
parties, stated, with the utmost com
pOsure, that while the transactions
between him and the vendees were in
the main fairly represented, he was
satisfied by able legal advice that
the conveyances could have been made
to stick, the simple refusal of the clerk
of Palo Pinto county to record his de, d
from Powell and Ward did not destroy
the genulneness of the deed. That he
had not received the two hundred dol.
lars in gold from Lusk, that amount
having been retained by Spencer u
Go. to meet the Davis note. Neither
Mr.. Shone or the Commonw ealth land
agency attempted to explain how
SEVEN HUNDRED ACRES OF LAND
could be measured out of section
With this fair and impartial press
entation Of the matter, we leave the
reader to draw his own conclusions.
Messrs. Hall and Lusk had to dispose
of their tools, implements and provis
ions at a sacrifice, and will leave Texas
poorer by several hundred dollars
than when they entered the state de.
termined to build up home for their
families. Mr.. Davis has an invalid
wife and II large family, and his all,
accumulated by years of prudent econ-
Omy aud saved out of his hard earn
ings, is about to be snatched away from
him.
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Funeral Notice,
ROnESON -Died Sunday avanipu sha -tb