Brenham weekly banner. [volume] (Brenham, Tex.) 1877-1907, 1886-01-21
CITATION.
THE STATE OF TEXAS.

! III . ~ Il "a A~-NZhG.
TO the Sheriff or any Constable of WASH
ington COMMUNICATING:
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 the Honorable District
Court Of Washington county, Texas, at the
next regular term thereof to be holden at
the Court House in Brenham on the first
Monday in March. A. D., 1856, the same be-
ing the iirst day of March, A D.. 1886, then
and there to answer a petition filed in said
court on the 18th day of january, a. d.,
1886, in suit numbered on the docket Of
said court, No. G332, wherein Lorenz Fuchs
is plaintiff and Nelson Williams is defendant,
said petition alleging as plaintihs demand
us follows:
Thai plamtiffresides in Washington coun-
", Texas, and the residence of defendant is
unknown.
That said defendant, Nelson Williams, for
valuable consideration executed 6ai do
livered 20 plaintiff, Lorepg Lucns, his fur
certain promissOEy notes dated Burton, Tex
u, September the 29th, a. D., 1888. each
note being for the sum of seventy-iive dol
lars, and each note bearing interest at 10 per
cent per annum from the first day of JAM
uary, \. D., 1884, interest payable annually.
The same being due and payable as follows:
The fist note due and payable on the LIST
day of January, 1885; the second note due
and payable on OF before the list day of
January, 1886: the third note duo and pay
able on or before the first day of january,
1887 the fourth and last note due and pay
SOle on or before the first day of LIST day Of
January, 1893, and in case Of suit ON said
notes 10 per cent. attorneys fees to be added,
That tho AFst note stipWlates that should
The defendant make default in the pav,,-
OF the principal and interest of'1, -, -o.o
at at, the time i Is due md of maturity, the
.L" notes executed by defendant
Ian also become due and payable; that the
first and second notes are long since past due
and unpaid, and according to the stipula-
lions therein contained, the remaining two
notes mentioned as the third and fou tn
notes have long since become due and are
unpaid.
That the defendant became liable and
promised to pay to plaintiff the sums of
money as set forth in said four notes accord
ing to the tenor and effect thereof, but
though often requested so to do the defend
ant has wholly failed and refused and still
4C4hstS " ply but llOLcS UT VI Llltul
to plaintiff damage in the sum of one thous-
and dollars.
That said four notes were given for the
purchase money ola certain tract of land
situated in Washington county, Texas, and
described as follows:
4 part ofthe James Pearlslee league and
on the waters of Cedar creek the same be-
ing the northwest half of 10 7-10acre tract,
the metes and bounds of which IS 40 tract
is as follows:
Beginning at a stake in the y. W. bound
airy of said league, 1913 varas S. 40 w. from
the original \. corner of the league from
which stake post oak marked T. bears 5.
SIS w. 8 vHras-
Thence run with said northwest boundary
5. 10 w. 1876 varus To stake from which
post oak marked bears s. 81 w. varas,
another marked bears S. 40 E. u varas.
Thence S. 4i1-2 L. 2OS0 varas to stake
from which a post oak marked F. F. bears
S. IS w. varas.
Thence N. As L. 215 varas to q stake from
which post oak bears n. Al Z. 8 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
Der, 1888, the plaintiff conveyed to the de-
PENDANT the northwest half of the tract of
land described herein by his deed i'll writing
of that date in consideration among other
things of the four notes mentioned above,
and that in said deed Il lien was reserved up
on the premises conveyed to secure the pay
ment 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
said deed on the trial OF this case as evidenced
for plaintiff III default Of which secondary
evidence ofthe contents Of said deed will be
resorted TO by the plaintiff, wherefore plain
tiff prays that defendant 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-
cribed premises, and that they be sold ac-
cording to law and for general and equitable
relief
Herein fail not, and nave you then and
there on said first day Of March, 1886, this
writ with your Endorsement thereon, show.
ing how you have executed the same,
Witness, G. f Harbst, Clerk of .
Gr.S0 of the District Court of Wash .
t''' ipgtpn county, Texas. Given I
~ under my hand and seal ofsaid .
count at office in BreRham, this the 18th day
of January, 1880. c. F. HERBsT,
C.D.C. VIC
I hereby certify that the above Is y true
copy OF the original, and order tho same
published in the BRENNAN Banner for four
successive weeks from this date January l4th,
1886. n. Z. DEyRR, Sheriff W. C,
By r, S. N'EBLErT, Deputy.