Brenham weekly banner. [volume] (Brenham, Tex.) 1877-1907, 1886-02-04
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 summon
Nelson Williams by publishing this citation
, in some newspaper published in your count,
once in each week for four consecutiy,
weeks previous 20 the return day hereof, (,
be and appear before the Honorable Distric
Court of Washington county, Texas, Mt til,
next regular term thereof to be holden n
the Court House in BRENNAN on the frs
Monday in March, A. D, 1856, the same be
ing the first day of March, \. D., 1886, ther
and there to answer petition filed in sale
court on the llth dav of January. A. D..
1886, in suit numbered on the docket o.
said court, No. G3&2, wherein Lorenz Fuch,
is plaintiff and Nelson Williams is defendant
said petition alleging US plaintiffs demand
us follows:
That p.aintif resides in Washington coun-
ty, Texas, and the residence If defendant is
unknown
That said defendant. Nelson Williams, for
valuable consideration executed and de-
livercd o plaintiff, Lorenz Fuchs, his four
certain pgomissnry notes dated Burton, Tex
IS, September the 10Th, a. d, 1893. each
note being for the sum of seventv-live dol
lars, and each aotc bearing interest a; 10 per
cent. per annum from the first day of Jan
uary, \. D., 1881, interest payable annually.
The same being due and payable as follows
The first note due and payable on the LIST
day of january, 1885; the second note due
and payable on or before the 1st day of
January, 1856; the third note due and nav
able on or before the first day of JANUARY,
1887 the fourth and last note due and nav
able on or before the first day of LIST day of
January, 1883, 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 of the first 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 stipula-
tons therein contained, the remaining two
notes mentioned as the third and far t.
notes have long since become duo aud sra
unpaid 'A "'
That the defendant became H., !,
promiaed to pay 70 plainii+f' 49, ole ole, ana
money as set forth ~ the sums OF
ing to The .enOr and effect thereof S''I but
..uugh often requested so to 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 a certain tract of land
situated in Washington county, Texas, and
described as follows:
a part ofthe James Bearl-lee league and
on the waters CT Cedar creek the same be-
ing the northwest half of 10 7-10acre tract,
the metes and bounds Of which 1910 tract
is as follows:
Beginning at stake in the y. W. bound
airy of said league, 1913 varas S. DO W. from
the original y. corner of the league from
which stake post oak marked T. bears S.
3SW 9 varas.
Thence run with said northwest boundary
5. is w. 1856 varas to a stake from which
post oak marked . bears 5. 81 W. s varAs,
another marked 6 bears S. 40 E. u varas.
Thence S. 44l-2 Z. 2'IS0 varas to stake !
from which Il post oak marked +. +. bears I
) So w yaras,
Thence n. 10 +. 2l5 varas 10 stake from
which post oak bears \. II Z. varas /
Thence n. As W. 20S0 varas to the place /
of beginning. That said four notes reseivea 4
lien on said northwest half of said tract to 4
secure the payment thereof.
That on the same day that said notes were
executed to-wit: The Doth day of Septem-
Der, 1888, the plaintiff conveyed to the de
fendant the northwest half of the tract of
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
IN the premises conveyed to secure the pay
nent Of said notes and interest, which deed
IS now i'll possession of defendant and has
never been recorded
Defendant is hereby notified to produce
iaid deed on the trial of this case as evidence
or plaintiff in default OF which secondary
whence of the contents OF said deed will be
escorted 10 by the plaintiff, wherefore plain
i'll prays that defendant be cited to answer
md that plaintiff have Judgment for his
lebt, interest and costs OF suit and for the
foreclosure of his lien on the above des-
rlbed premises, and that they be sold ac-
Ording to law and for general and equitable
elief.
Herein fail not, and have you then and
here on said first day of March, 1886, this
frit with your Endorsement thereon, show
ng how YOU have executed the same.
- Witness, c. F Herbst, Clerk of
rs Of the District Court of Wash
ington county, Texas. Given
- under my hand and seal ofsaid t
QUIT at office il Brcnham, this the 18th dav
t January, 1855. c. f. HEsBST, b
c. d. c. VIC EC
l hereby certify that the above Is a true j
Opy OF the original, and / order the same n
in The BRENNAN Banner for four D
lccessiye weeks from this date January 18th. I,
$3.50. n. Z. DEvER, Sheriff W, @, 4
BY R. S. NEBLETT, Deputy,