The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1878-04-03

rINHE STATE OFTEXAS-TO THESHER.
L III or any constable OF Dallas county,
Greeting: You are hereby commanded
that by making publication of this citation
IN some newspaper published In the county
of Dallas for lour weeks previous TO the re-
turn day hereof, you summon Il. A. Wheel
ock, II. n Guedry and Victoria Guedry his
wife, whose residences are unknown, 10 be,
and appear Leiore the district court, to be
holden In aud for the county of Dallas, at
the courthouse thereof, in the City OF Dallas,
on the 3rd Monday IN June nexI, then and
there to answer the petition OF N. Pointer
and wife, tiled In said court against the said
Il. A, WhetloClI, II, H. Suedry ana Victoria
substance M follows, to-wit: That plain
ti1is and Z. b. Wellborn, who Is a defendant
are residents OF Dallas county, Texas, and
IL. A. Wheelock, resides in Oswego county,
sta eof New YORK, and said Guedry and
wife, In the city OF New orleans, state Of
Louisiana. That said Wheelock by w. X,
hoelock his attorney in fact, acting under
sufficient power of attorney, made on
August Is, 1919, executed tor $1,000 or other
equivalent consideration warranty - eed
10 Victoria 9uedry, OF certain lands in
ELLIS county, Texas, TO wit: 800 acres grant
ed TO WIN. q. Bell, and lying on Cham Der Is
creek, branch OF the Unity river, and
beginning At the vast boundary OF George
Buckharts three hundred and twenty
acre survey, 1880 vaIas from It's south .
west corner on an elm five inches In
diameter, marked AZ a corner thence south
six y-siX degrees, west 1874 vaTas to n stake
In the prairie thence norm thirty degrees,
west 1874 varas To stake, whence an elm
six inches in diamete bears north fifty de-
Brees ast % Yaras, and an elm two inches IN
diameter, bears north fifty two degrees east
81 varas thence north sixty degrees east 1874
varas TO stake, whence mesquite TWEEN.
ty-iour inches diameter, bears north four de
greeS west Is 10 varas thence south thirty
degrees east l3li yaras, TO the beginning.
an n " - nnt. 7
y life executed 10 Z. b. WellDorn as trustee, A
deed OF trust on said lands to secure the pay
ment OF promisory note therein mention,
made by them to plaintiff, NJ. Pointer, for
rbl7.7O, OF money borrowed by said Guedry
from him. which note bears interest from
February 20, 1917, at twelve per cent. per an :
mum, and which borrowed money was the
separate estate of said Willie Pointer, that
NOTHING was paid tnercon except s6,l5, on
March ", 1877 and on July II, 1871, said
ellborn, at the request of said NJ Pointer.
made twenty days before that day. sold said
lanus nj publlc cutlery 10 the highest bid
der for cash, at the courthouse door, in bal
las county, Texas, AFTER having given not! ce
OF the me,terms and place OF sale by post
Ing notice thereof on the bulletin board of
SAID courthouse for twenty days prior there
TO. That said Willie Pointer b came the
purchaser al the sum, of ST D, as her sci arnte
estate; that The terms of the trust deed were
complied wi h, that Wellbcrn made her n
deed therefor as trustee; that II. A, Wheel
ock by his deed by her attorney ana Victoria
Cue ry cOvenanted with her and her as-
signees that he was seized in Q of The
lands, ana had a right to convey the same (:
that she and they should forever peaceably
enjoy then, and that he would forever de-
lend the title thereto, against all ia rfnl
claimants ; that said GuedIy and wife each
made with raid Wellborn as trustee, like
covenants by said trust ueed, and also au.
thortZed him and made ike COZ yenants
with the purchaser at said sale for them and
If nc rN0a u.
such convenant tor them W tn said Willie
POINTER that they have al been broken |:
that one j. ID. Giddings at the time of The
execution OF the deed of Il. A. Wheelock by
his attorney and Victoria Guedry was The
sole owners OF said lHI d., and was alone
seized In fee thereof that he CONTINUED to
own and possess them until December LISTS
when he conveyed them to w. M. Brow
anu j, Is. Nolen, and they entered on them,
and elected said Willie Pointer therefrom'
and that neither said Wheelock, nor said
Guedry AID wife def ndei her title ereto
wherefore, plaintiff prays for citation
against each defendant aud or writ of at
tachment against the pr perry OF II. A,
Wheelock, and for judgm1 mt against de-
PENDANTS for said s8l7.70 and interest from
March 70 1871 and costs of suit and for gem
erai relief. Exhibits 10 the petition are ex.
mot one, being the warranty deed from
X. A. Wheelock by W. X. Whet lock TO VIC
toria Guedry, of said lands. Exhibit two.
being the power of attorney iron X. A.
wheelock TO W. X. Wheelock Exhibit
hree, being the deed of trust from Guedry
and wife TO G. b Wellborn trustee, with
power of sale and Warranty, and power 10
warrant to purchasers, and exhibit ur.
being tue deed of the trustee, G. B. wellborn
to Willie Pointer.
Herein, fall not, but have you then and
there before said court this writ, with Your
return thereon, showing how you have exc
cuted the same.
Witness, W. A. Harwood, clerk Of the dis
trict court of Ualiaa COnnty (livan ,,oaa.
my hand and the seal of said court, at
office, In tne City of Dallas, this the 18th
day OF March, A. D., 1873.
W. A. HARDWOOD,
CLERK OF the District Court, Dallas County,
iefas' mch22-w4.