San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1890-08-09
Citation by Publication.

NJ n
VS.. Mary W. BOehmer ct ais.
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 37th
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, 1890. in suit numbered on the
docket of said court, No. 1852 wherein Martha
NJ. Tong and II. W. Tong are plaintiffs, and
Jay Boehmer Virginia Gildea, A. NJ. Gildea,
Joseph BOehmer, Adolphus Boehmer and
William Boehmer are defendants, wherein
plaintiff alleges as follows, TO Wit: That on
March 9th, 1890, defendant, Mary w. Boehmer,
by traudulently representing herself 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 desert ced as follows, to-wit:
Beginning for the northeast cOrASr at
side of the old Mission road. south oil the sun
set Railroad company's track, said stake be-
, ing 121s vras8north, ooi2 west IRON the remains
of the old stone concrete cOmpuerta, or wafer
gate on east side of the ditch running to-
wards the Mission ConcepclOn, the measure
ment being taken from the southwest
corner OF said cOmpuerta, thence north $50
degrees, west l05 varas, set stake i'll line, aT
no. varas edge 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. 1872 west 1l3 varas to d stake. Thence
south 2S degrees west still following the west
side of old re ad Az varaS TO stake tor south
east corner. Thence north 55la degrees west
at l68 yaras set stake where the line cuts Il
fence running nearly east and west at about
20 Varas opposite front line of porch of Boeh-
mer's house. at 36l2 varas Craze southwest
corner of said house, at 30 varas cut fence
at l253l Varas set Il stake in line, at III VeraS
craze along south edge of much hacked
black walnut So inches in diameter, at 1904
varas reach high bank of San Antonio river,
from the stake at l254 varas on TINS line pecan
one foot in diameter marked ", with 3
chops above and below, stands 70 10
feet distant to southwest. Below said pecan
about "a or 25 feet still further stands another
pecan about III inches ia diameter marked
similarly. Thence from end or this line up
the 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 8, 1890. and of record
| in said county OF BeXar.
| SAID Mary ". Boehmer further represented
that she had good ana perfect IlIiG Iuere-
to and she desired TO sell the same TO plaintiff
Martha Tong. That there had been long
acquaintance between said detendant, Mary
w. Boehmer and Martha Nj. Tong, and they
were connected by affinity. That the said
Martha NJ. Tong, not knowing or beheVlng
| that any otuer person haG any right or inter
est in said land and trusting to the represent
| tatiOns of said Mary W. BCehmer purchased
said land on the representations of said Mary
w. BOehmer, paying therefor Sl2OO cash, and
! a note of herself and husband. II. Iong,
| 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 plalntln went INTO
possession, she ascertained that the sald
Mary W. Boehmer was not the owner OF the
| SAID land, but was the owner or only the one
| half thereof, and that the defendants, Mary
| jordan, wife OF William Jordan Virginia Gill
| dea, wife of defendant a. NJ. Gildea, Ad0lphus
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 halt OF sald
| land. By virtue of a decree OF the plstrlct
| Court of BeXar County, rendered on the NTH
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, ana also by
| inheritance from the said j. Boehmer, the
husband of said Mary W., who had died lntes-
tate. .
The plaintiffs therefore ask for partition of
the said tract of land between the said Martina
NJ. Tong and the defendants Mary Jordan,
i Virginia Gidea, Adolphus, william ana
Joseph Boehmer, as children OF said Mary
W. and J. Boehmer. That the collection ana
disposition of a note given by said Martha NJ.
and Il. w. Tong, to the defendant Mary W.
Boehmer for part of the purchase money,
dated March 3, 1890, for the sum OF two nun
dred dollars due ut 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 deserving
plaintiffs thereby, that the OVerpluS OF pur-
chase money paid by her and the amount OF
said note, if it cannot be reached by lnjuuC-
ton, be dcC-eed lien on n certain lot or par
Gel of lana, in the county Of BeXar in the
city of San Antonio, bought by her, Mary w.
BOChmCT, with the money so lTaudulehll
| obtained by her from said Martha Tong,
| tO-wit: The north half Of lot ., in block = al
| n subdivision of SuUTte, formerly owned by
NiguCI ArcinipgR, and for general relief.
Herein fail not. Tut have YOU before said
court on the said first day of next tcrm there
| Of this writ with your return thereon, show
| ing how you have executed the same.
Witness: GEO. E. DASIiELL.
| Clerk of the Districf Court of BcNar County.
! Given under my hand aud seal or said Court
/ at Office in the city of san Antonio, this the
| 25rd day OF Jliy, a. d., l-}O.
| GEO. r. DASTTELL,
| Clerk District Court of HgEa- Count.
/ By HENRY TMsCulED, Deputy.
| Came TO hand dEly ~. A. d., ls#l etiJ
O'Clock, q. M, and publication al above cay
! zion ordered made in the san Antonio DaIIS
T.P.Mc CALL,
| Sheriff BeNer County.
! By W. D. DRUsE, Deputy.