San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1890-08-16
Citation by Publication.

NJ. w
vs. Mary w. BOehmer ct ais. ! 0
In the District Court of Bexar County, 37th
judicial District.
The State of Texas to the Sheriff or any Con-
stable of Bexar county, Greeting:
You are hereby commanded that by making
publication of this citation in some newspa-
per published in the county of BeXar, once IN
| each week for four consecutive weeks, preVi-
GUS to the return day hereof, you summon
Adolphus Boehmer and William Boehmer
whose residences are beyond the limits OF the
State of Texas, to be and appear at the next
regular term of the District Court of the 18th
judicial District in and for Bexar county, to
be holden at the Court House thereof, in the
city of San Antonio, on the first Monday in
September, A. d. 1890, the same being the list
day of September, 1890, then and there to an
swer petition filed in said court on the 10Th
day of July, $780, in suit numbered on the
docket of said court, No. 1852 wherein Martha
NJ. Tong and H. w. Tong are plaintiffs, and
Mary w. Boehmer, Mary Jordan, Nm. JORDAN,
Jay Boehmer, Virginia Gildea, A. NJ. Gildea,
Joseph Boehmer, Adolphus BoehDer and
William BOehmer are defendants, wherein
plaintiff alleges as follows, to wit: That on
March 5th, 1890, defendant, Mary W. Boehmer,
by fraudulently representing herset as the
owner of the entire lot. sold and conveyed 10
plaintiff Martha W. Tong, a certain lot or
parcel of land lying and being in the city of
San Antonio, county of BeXar and state OF
Texas, and described as follows, to-wit:
Beginning for the northeast corner at
stake set on the town tract line on the west
side of the old Mission road. south of the Sun
set Railroad company's track, said stake be-
ing T2ls vrasanOTth, $50 west from the remains
of the old stone concrete compuerta, or water
gate, on east side of the ditch running to-
wards the Mission Conception, the measure
ment being taken from the southwest
corner of said compuerta, thence north oo1a
degrees, west l05 varas, set stake in line, at
ll0l, ysras ed re of high bank of the San Anto
MO river, returned to northeast corner, thence
along the front of fence on west SIDE OF
roads, S. 1871 west ll3 varus to a stake Thence
h dnrraps following
side of old road Az varas TO stake for south
east corner. Thence north 55l2 degrees west
at 1853 varas set stake where the line cuts
fence running nearly east ana west AT ABOUT
% Yaras opposite front line of porch of BOeh-
mer's house, at 361s Varas Craze southwest
corner of said house, at 80 yaras cut a fence
at l2524 varas set stake in line, at ~ varas
Craze along south edge OF much hacked
black walnut 81 inches in diameter, at l3OA
varas reach high bank of San Antonio river,
from the stake at l252ivaras on TINS line apecan
one foot in diameter marked y, with 3
chops above and below, stands 20 10
feet distant to southwest. Below said pecan
about "a or p feet stIll further stands another
pecan about ii inches in diameter marked
similarly. Thence from end OF this line up
le river with its meanderS to end OF first cor
ner. All of which is shown by the deed OF
said Mary w. Boehmer to petitioner Martha
NJ. Tong of date March 3, 1880. and of record
| in said county of BeXar.
Said Mary W. BOehmer further represented
| that she had good and perfect title there
/
| Martha NJ Tong. That there had been long
| acquaintance between said defendant, Mary
| W. BOehmer and Martha Nj. Tong, and they
we're connected by affinity. That the SAID
| Martha NJ. Tong, not knowing or believing
that any other person had any right or inter
| est in said land and trusting to the represen-
| tations of said Mary W. Boehmer purchased
| said land on the representations of said Mary
] w. BOehm +. paying therefor $1,000 cash. and
/ note of herselI and husband, III. w Tong,
for 500 due at six months and took deed
from her with general warranty OF title, and
| was placed in possession thereof, but the rep
| reservations OF said Mary w. BOehmer were
false and fraudulently made for the purpose
| of deceiving the SAID plaintiff and did deceive
| said plaintiff. That after plaintiff went into
| possession, she ascertaned that the said
| Mary W. Boehmer was not the owner of the
| SAID land, but was the owner of only the one
| half thereof, and that the defendants, Mary
| jordan, wife of william Jordan Virginia Gil.
dea, wife of defendant A. NJ. Gildea, AdOlphus
Boehmer, William BOehmer. Jay BoebmeT
| and Joseph BOehmer as children of the said
Mary w. Boehmer and her husband, J. Boeh.
mer, were owners of the other half of said
| land. By virtue of a decree of the District
Court of Bexar County, rendered on the fifth
day of May, 1881, in a suit for divorce between
the said Mary W. BOehmer and her husband
J. Boehmer, vesting the title of said land in the
said Mary w. Boehmer and the other defend
ants as aforesaid as her children, and also by
inheritance from the said j. BOehmer, the
husband of said Mary w, who had died intes
tate.
|
the said tract of land between the said Martins
| NJ. Tong and the defendants Mary Jordan
Virginia Gildea, Adolphus, William anC
Joseph BOehmer, as children OF said Mary
W. and J. Boehmer. That the collection anC
| disposition OF note given by said Martha NJ
aud II. w. Tong, to the defendant Mary w
Poehmer for part OF the purchase money
dated March 8, 1890, for the sum OF two hun
| drCd dollars due at six months after date bt
| enjoned. And that for the frauds of sale
Mary W. in falsely representing the owner
| ship of said land to be in her and deceivine
, plaintiffs thereby that the overpus of pur
| chase money paid by her and the amount o.
said note, if it cannot be reached by injunc
ton, be decreed a lien on a certain lot or par
Gel of land, in the county of BeXar, in tn,
city of San Antonio, bought by her, Mary W
, Boehmer, with the money so fraudulent,
| obtained by her from said Martha Tong
to-wt: The north half of lot 3, in block 2, o
a subdivision of Suerte, formerly owned b.
Miguel Arciniega, and for general relief.
Herein fail not. but have you before salt
court on the said first day of next term there
of this writ with your return thereon, show
= ing how you have executed the same.
Witness: GEO. r. DASHlELL,
Clerk of the District Court of BeXar County
3 Given under my hand and seal OF said COur
at Office in the city of San Antonio, this tn
D 2}rd day of July, a. D., 1890. -
GEO. X. DASHlELL,
Clerk District Court OF BeXar COUNTY
! By HENRY UMSCHIED, Deputy.
Came to hand July "a, A. d., $780, atlU
. o'clock, a. m, and publication of above cit
ton ordered made in the san Antonio Dail
= LIGHT