Brenham weekly banner. [volume] (Brenham, Tex.) 1877-1907, 1886-01-28
CITATION.
THE STATE OF TEXAS.


10 the Sheriff or any Constable of Wash
ington COunty-Greeting:
You are hereby commanded to summon!
Nelson Williams by publishing this citatior
in some newspaper published in your county
once in each week for four consecutive
weeks previous 10 the return day hereof, tC
be and appear before the Honorable District
Court of Washington county, Texas, ut the
next regular term thereof TO be holden at
the Court House in BRENNAN on the first
Monday in March, ~ D., 1886, the same be-
ing the first day of March, A. D., 1886, then
and there to answer petition filed in said
court on the 18th day of January, \. D.,
/ 1886, in suit numbered on the docket OF
said court, No. $500, wherein Lorcnz Fuchs
is plaintiff and Nelson Williamsis defendant,
said petition alleging Is plaintiffs demand
rs follows
That plaintiff resides in Washington cUun.
ty, Texas, and the residence Of defendant i.
unknown
That said defendant. Nelson Williams, for
: valuable consideration executed and de-.
I llvered % plaintiff, Lorenz Fuchs, lii fur
certain pronliSsOry notes dated Burton. Tex
as, September the Doth, A. D., 1888, each
note being for the sum of seventy-iive dol
lars, and each aotc bearing interest at 10 peg
cent per annum from the first day OF JAN
uary, \. D., 1884, interest payable annually.
The same being duo and payable as follows :
The tiF<s note due and payable on the Ist
gay Of January, 1885; the second note due
and payable on or before the LIST day of
January, 1886; the third note duo and pay
able on or heipre the first day Of January,
1881 the fourth and last note due and paw
able on or before tho first day Of LIST dav of
JANUARY, 1899, and in case of suit on said
notes 10 per cent. attorneys fees to be added
That the first note stipulates that should
the defendant make default in the payment
OF the principal and interest aS the first note
at The time it is dGs aaa OF maturity, the
other urls,il notes executed by defendant
shall al40 become due and payable; that the
arst and second notes are long SINCE past due
and unpaid, aud according 10 the stipula-
tions therein contained, the remaining two
nOtFS mentioned as the third and fou ia
notes have long since become due and are
unpaid.
That the leiGntlmt became liable and
Promised 10 pay 10 plaintitf the sums of
honey as set forth in said four notes accord
ing to tho tenor and effect thereof, but
though often requested so to do the 3efend
ant has wholly failed and reused and still
refuses 10 pay the snia notes or either ofthem
to plaintiff damage in the sum Of one thous-
anu dollars.
That sgjl f0ur notes were given for the
ppGchaSe money of certain tract of land
situated in Washington county, Texas, and
described as follows:
A part Ofthe james Beardslec league aud
oil the waters Of Cedar creek lthc same be-
ing the northwest half ofa 10 7-I0acre tract,
the mGteS and bounds of which 1910 tract
Is as follows:
Beginning at q stake in the y. w. bound
ery Of said league, 1913 varas 5. 10 w. from
the original \, corner OF the league from
which stake . post oak marked F. bears $.
Is w. ! raras.
Thence run with said northwest boundary
). 10 W. 1856 varas to stake from which a
post oak marked . bears s. q W. 8 varas,
another marked bears 5. 40 Z. Il varas
Thence S. 441-2 +. 2OS0 varas to stake
from which q post oak marked L, f. bears
5. 81 W. ) varas.
Thence n. 45 E. 2l5 varas to n stake from
which Il post oak bears n. IL Z. & varas.
Thence n, IS W. 20S0 varas to the place
Of beginning. That said four notes reserved
lien on said northwest half of said tract to
secure the payment thereof.
That on the same day that said notes were
u
Der, 1888, the plaintiff conveyed to the de- .
PENDANT the northwest half Of the tract of I
land described herein by his deed in writing
OF that date in consideration among other !
things of the four notes mentioned above,
and that in said deed lien was reserved up
on the premises conveyed to secure the pay
ment OF said notes and interest, which deed
is now in possession Of defendant and has
never been recorded,
Defendant is hereby notified to produce
said deed on the trial Of this case as evidence
for plaintiff in default of which secondary
evidence of the contents of said deed will he
resorted to by the plaintiff. wherefore plain
tin prays t6at dnta":1ant be cited to answer
and That plaintiff have Judgment for his
debt, interest and costs OF suit and for the
foreclosure of his lien on the above des-
crlbed premises, and that they be sold ac-
rording 10 law and for general and equitable
relief
Herein fail not, and have you then and
here on said first day Of March, 1886, this
writ With your Endorsement thereon, show
ng now You have executed the same.
- Witness, G. F Herbst, Clerk of
lI.sl of the District Court of Wash
ingtOn county, Texas. Given
- under my hand and seal OF iaid
,ourt at office in Brenhap, this the l4th day
If January 1850. c. T. HEhBsT,
C.D.C. VIC.
1 hereby certify that the above is true
:opv OF the original, and l order the same
published in the Brennan Banner for four
weeks from this date January 18th,
SS6, n. f. DEvER, Sheriff W. G,
By X. S. NEBLETT, Deputy.