San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1890-08-02
Citation by Publication.

Martha NJ. Tong ct al, mo 1890
VS.. Mary W. Boehmer ct ais.
In the District Court of Bexar County, 31th
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 nmlts OF tne
regular term of the District Court OF the 3Ith
Judicial District in and for Bexar county, 10
be holden at the Court House thereon, in the
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 loth
day of July, 1880. in a 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, Vim. Jordan,
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 5th, 1890, defendant, Mary w. Boehmer,
by traudulently representing herself as the
owner of the entire lot, sold and conveyed 10
plaintiff, Martha W. Tong, certain lot or
parcel of land lying and being in the city OF
San Antonio county of BeXar and state or
Beginning for the northeast corner at a
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 pc
ing 72R vrasanorth, SS1a 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 soutnwe Syt
corner OF said compuerta, thence north oeh
degrees, west los varas, set stake in line, at
100 varas edge of high bank of the San Anto
MO river, returned to northeastc corner, thence
along the front of fence on west SIDE OF
roads, S. 49, west ll3 varas to a stake. Thence
south 20 degrees west still following the west
side of old road Az varas to q stake for south
east corner. Thence north Bog degrees west
at 1917 varas set stake where the line cuts a
fence running nearly east and west at about
% varas opposite front line of porch OF Boeh-
mer's house, at 36R varas Craze southwest
corner of said house, at 80 varas cut fence
at 1854 varas set stake in line, at LIT varas
Craze along south edge of much hacked
black walnut 5R inches in diameter, at l3OA
varas reach high bank OF San Antonio river,
one foot in diameter marked x, with 3
chops above and below, stands ~ 10
feet distant to southwest. Below SAID pecan
about "a or rs feet still further stands another
pecan about ii inches in diameter marked
similarly. Thence from end or this line up
the river with it's meanders to end OF first cor
ner. All of which is shown by the deed OF
said Mary w. Boehmer to petitioner Martha
in said county of Bexar.
SAID Mary ". Boehmer further represented
that she had good apd perfect title there
Martha NJ Tong. That there had been long
acquaintance between said defendant, Mary
w. Boehmer and Martha Nj. Tong, and they
were connected by affinity: That the SAID
Martha NJ. Tong, not knowing or believing
that any otLer person had any right or inter
est in said land and trusting to the represen-
tations of said Mary w. BEGINNER purchased
Nl,.. Nfnff ~
W. Boehmer paying therefor $1,000 cash, and
note of herself and husband, II. W. Tong,
for 500 due at six months and took deco
from her with general warranty OF ttie. ana
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
SAID land, but was the owner of only the one
half thereof, and that the defendants; MARY
jordan, wife of william Jordan Virginia Gill
dea, wife of defendant A. NJ. Gildea, Adoiphus
| Boehmer, William Boehmer. Jay BoehmeI
and Joseph BOehmer as children OF the SAID
Mary w. BOehmer and her husband, j. Boeh
mer were owners of the other half OF saio
land. By virtue OF decree of the DistTlc1
| Court of BeXar County, rendered on the nftt
| day of May, 1884, 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, th'
| husband of said Mary W., who had died intes
| tate. 800
The plaintiffs therefore ask for partition o
the said tract of land between the said Marth'
| M. Tong and the defendants Mary Jordan
| Virginia Gildea, Adolphus,a William ant
| Joseph Boehmer, as children or SAID Mar.
l W. and j. Boehmer. That the collection AM
| disposition of q note given by said Martha M
and II. w. Tong, to the defendant Mary
Boehmer for part of the purchase money
dated March s, 1890, for the sum OF two hun
dred dollars due at six months after date o
| enjoined. And that for the frauds OF sal
Mary w. in falsely representing the owner
| shin of said land to be in her and deceivin
plaintiffs thereby, that the overplus of pul
chase money paid by her and the amount Q
| said note, If 1t cannot be reached by 1n1un'
| ton, be decreed a lien on certain lot or pal
| Gel of land, in the county of Bexar, In tn
city of San Antonio, bought by her, Mary v
Obtained by her from said Martha Tom
: | to-wit: The north half of lot 5, in block Z,
| a subdivision of Suerte, formerly owned
Miguel Arciniega, and for general relief.
Herein fail not. but have you before sal
court on the said first day of next term Their
| of this writ with your return thereon, shoN
/ | ing how you have executed Z the s same
Clerk of the District Court of Bexar Count
Given under my hand and seal of said Cou
| at office in the city of San Antonio, this Il
: sard day of July a. aE r. IsT 6;.s91EII.
!. Clerk District Court of Bexsr Count
}. By HENRY UMsCHIED, Deputy. 900,
e Came to hand July "a, A. D., $780, at
8 O'Clock, a. m, and publication of above cit
e tion ordered made in the San Antonio Dai
hi'hf' T.P.MCC CALL,
/, Sheriff BeXar County
By W. d. DRUsE, Deputy.
The first of the harvest excursion
~, tho Cation Ralt Texas and Pacit