San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1890-07-26
Citation by Publication.
Martha NJ, Tong ct al,

L VS.. MARY w. DOenlner ct ais.
In the District Court of Bexar County, 5Ith
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 foul 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 37th
Judicial District in and for Bexar county, to
De holden at the Court House thereof, in the
city of San Antonio, on the first MonGSy in
September, A.. ID. 1890, the same being the LIST
day of September, 1890, then aud there to an
| swer a petition fled in said court on the 18th
day of July. 1890. in a suit, numbered ON the
NJ. Tong and b. w. Tong are plaintiffs, and
Mary W. Boehmer, Mary Jordan, Vim. Jordan,
Jay Boehmer, Virginia Gildea, A. NJ. Gildea,
Joseph Boehner, AdolPhus Boehmer and
plaintiff alleges as follows, to wit; That on
March 9TH, 1885,, defendant. Mary W. Boehmer,
by fraudulently representing herself as the
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 or
Texas, and described as follows, to-wit:
Beginning for the northeast corner at q
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 12Is varasnOrth. $50 west from the remains
of the old stone concrete compuerta, or water
gate, or 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 SSh
degrees, west los varas, set stake in line, NJ
llUA varas edge of high bank of the San Anto
MO river, returned to northeastcorner, thence
along the front OF = fence on west side or
roads,, 5. l3H west ll3 varas to q stake. Thence
south q degrees west still following the west
side of old road Az varaS to q stake for south
east corner. Thence north o5H degrees west
at 1914 varas set STAKE where the line cuts u
fence running nearly east and west at ABOUT
70 Varas opposite front line OF porch or Boeh-
mers house, at 36% varas Craze southwest
corner of said house, at 50 varas cut u fence
at l25a varas set a stake IN line, at III Varas
Craze along south edge of a much hacked
black walnut 5a inches in diameter, AT 1914
varas reach high bank of San Antonio river,
fromthe stake at lbs 4varaSo on THIS line apecan
one foot in diameter marked X, with 5
chops above and below, stands Vi TO
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
the river with its meanders to end or hrst cor
ner. All of which is shown by the deed OF
said Mary W. Boehmer 10 petitioner Martha
NJ. Tong of date March 3, 1880. and Of record
in said county of BeXar.
Sand Mary ". Boenmer further represented
that she had a good and perfect title there
to and she desired TO sell the same to plaintiff,
Martha NJ Tong. That there had been long
acquaintance between said defendant. Mary
w. Boehmer and Martha HI. Tong, and they
were connected by affinity. That the said
Martha NJ. Tong. not knowing or believing
that any otuer person had any right or inter
est in said land and trusting to the represen-
taJions of said Mary w. Boehmer purchased
said land on the representations of said Mary
w. BOehmLr, paying therefor $1,000 cash, and
a nOJe of herself and husband, ii. w Tong,
for 500 due at six months and took q deed
from her with general warranty of title. and
was placed IN possession thereof, but the rep
reservations OF said Mary W. Boehmer we're
false and fraudulently made for the purpose
of deceiving the said plaintiff and did deceive
said plaintiff. That after plaintiff went into
possession, she ascertained that the said
Mary W. Boehmer was not the owner of the
half thereof, and that the defendants, Mary
Jo;dan, wife OF William Jordan Virginia Gil
des, wife of defendant A. NJ. Gildea, Adolphus
Boehmer, William Boehmer. Jay Boehmer
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 q 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.
Ine pldluLlHS tneTelore dSk lOr pdrllIlOu VI
the said tract of land between the said Martha
NJ. Tong and the defendants Mary Jordan,
Virginia Gildea, A%dolphus, William and
Joseph Boehmer, as children of said Mary
W. and j. Boehmer. That the collection and
disposition OF a note given by said Martha NJ.
and II. W. Tong, to the defendant Mary W.
BOehmer for part of the purchase money,
dated March 3, 1890, for the sum OF two hun
dred dollars due at six months after date be
enjOined. And that for the frauds of said
Mary W. in falsely representing the owner.
ship of said land to be in her and deceiving
plaintiffs thereby, that the Overplus of pur-
chase money paid by her and the amount of
said note, if it cannot be reached by injunc-
ton, be decreed a lien on u certain lot or par
Gel of land, in the county of Bexar, in the
city of San Antonio, bought by her, Mary W
BOehmer, with the money so traudulently
obtained by her from said Martha Tong,
to!wit: The north half of lot ), in block 2, OF
a subdivision of Suerte, formerly owned by
Miguel Arciniega, and for general relief.
Herein fail not. but have you before said
court on the said first day of next term there
of this writ with your return thereon, show
ing how you have eTsSu : th ss sa%ei
Clerk of the District Court of Bexar County
Given under my hand and seal of said Court
at office in the city of San Antonio, this the
23rd day of July, A. D., 1890.
GEO. X. DASHIELL,
Clerk District Court of Bexar County
By HENRY UMsCHIED, Deputy.
Came to hand July "a, A. D. 1890. at II
ton ordered made in the San Antonio Daily
LIGHT.
Sheriff Bexar County.
By W. D.. DRUsE. Deputy.