Brenham weekly banner. [volume] (Brenham, Tex.) 1877-1907, 1886-02-11
K D HABRIs,
ASslnnea Of W. CDR.
CITATION.
THE STATE OF TEXAS.

THE STATE OF TEXAS.
10 the Sheriff or any Constable of Wash
ington County-Greeting:
! You are hereby commanded to summons
Nelson Williams by publishing this citation
in some newspaper published in your county
once in each week for four consecutive
weeks previous TO the return day hereof, to
be and appear before tho Honorable .istriet
Court of Washington county, Texas, st the
next regular term thereof to be holden at
the Court House in Rrenham on the first
I Monday in March, A. 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 l4th day of January, A. D.
/ 1896, in q suit numbered on the docket Of
said court, No. $500, wherein Lorenz Fuchs
is plaintiff and Nelson Williams is defendant,
said petition alleging as plaintiffs demand
rs follows:
That plaintiff resides in Washington coun-
~, Texas, and the residence of defendant is
unknown.
That said defendant, Nelson Williams, for
a valuable consideration executed and de-
livered plaintiff. Lorenz Fuchs, his four
certain pronllssory notes dated Burton, Tex
as, September the 10Th, A. D., 1888. each
note being for the sum of seventy-fva dol
cent psr annum from the first day of jan
uary, A. D., 1884, interest payable annually.
The same being due and payable as follows:
The first note due and payable on the LIST
day OF January, 1886; the second note due
and payable on or before the LIST day of
january, 1856; the third note due and pay
able on or before the frst day of january,
1887; the fourth and last note due and nav
able on or before the first day of LIST day of
January, 1888, 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 mako default in the pavmenE
OF the principal and interest of the Arsi note
at the time it is due and of maturity, the
other unpaid notes executed by defendant
shall also become due and payable; that the
first and second notes are long since past due
and unpaid, and according to the stipuIa-
fiona therein contained, the remaining two
notes mentioned as tho third and fou th
notes have long since become due and arc
unpaid.
That the defendant became liable and
promised to pay to plaintiff the surns Of
money as set forth in said four notes sccnrd-
ing to the tenor and effect thereof. but
though often requested so 20 do the defend-
ant has wholly failed and refused and still
refuses to pay the said notes or either ofthem
to plaintiffs damage In the sum of one thous-
and dollars.
That said four notes were given for the
purchase money of \ certain tract Of land
situated In Washington county, Texas, and
described as follows:
A part ofthe James Bearlslee leagu,. and
on the waters OF Cedar creek the s..noe ne
ing the northwest half of 70 40 acre tract.
The metss and bounds of which 1910 tract
is as follows:
Beginning ct stake IN the n. W. bound
NJ Of sid league, IaS varas S. 45 w. from
Tho original y, corner of the league from
which stake post oak marked +. bears S.
IS w s warns.
Thence run with said northwest boundary
;, 80 w. 1876 varss to stake from which
post oak marked bears S. q W. s varas,
mother marked 6 bears 5. 40 E. u varas.
Thence S. 44l-2 L 1850 varss to stake
rom which post oak marked F. +. bears
;. SO W. 5 warns.
Thence n. 45 Z. 2l5 varas to n stake from
which post oak bears n. II E.6 varas.
p Thence N. 40 w. 1850 varas to the placo
II beginning. That said four notes reservea
len on said northwest half of said tract to
ecure the payment thereof.
That on the same day that said notes were
recuted to-wit: The 2gth day of Septem-
'er, 1883, the plsiatfH conveyed to tho de-
cndant the northwest half of the tract of
and described herein by his deed in writing
{ ttSr date in consideration amonr oths1
hfngs of the four notes mentioned above
nd thst in said decd q lien was reserved nm,
n the premises conveyed to secure the paw
lent OF said n1.es and interest, which deed
now IN Possession of defendant and has
ever ssep recorded.
Defendant is hereby notified to produ,.
AID deod on the trial Of this case as evi6;sncs
u plaintiff in default of which se,,ondarv
violence ofthe contents Of said Feed viii be
escorted to by the plaintiff, wherefore plsin-
4 Prays that defendant h cited to answer
nd that plaintiff have Judgment for his
ebt, interest and costs Of suit and for The
'reclosure OF lis lien on the above des-
rioed premges, and thnt they be sold ac-
ording to law and for general and equitable
Herein fail not, and have you then and
lere on said first day of March, 1885. this
nit with your Endorsement thereon, show
ig how you have executed the same.
- Witness, g. F Hsrbst, Clerk Of
rs of the District Court of Wash
ington county, Texas. Given
- under my hand and seal ofsaid
ourt at office in Erenham, this the 18th day
'January, 1886, c. F. HEsBsT,
G. D. G. VIC
hereby certify that the above is true
'py Of the original, and order the came
ubiished IN the BRENNAN Banner for four
lccessiva weeks from this date January 14th,
go n. & DEyER, Sheriff W. @.
Ry n 2 NrpTr narN.,fr