Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-06-10
CIVIL COURT OF APPEALS.



No $50 J. s. H. Apollos ct al appellant
Us. NJ ~ Stunliurth appellee: appeal
from Inc district rourt Of Cooke county.
InN,,ty,,>,. Az. t,,,vr
''''''.'' W.
Nov. II, 1870 one \. NJ. Means, VINO was
doing business ut Ardmnre, Indian Territory,
executed thu following Instrument;
Indian Territory, ChickHsuW uuton,
Know All mvu 10y these prcscutst th1t /,
a, NJ. Means, VI thc Chlckasaw nation, m
dlan TERRITORY, have THIS dag iCr ana ~
consideration Of the sum OF one dollar 10 me
m hunu paid 10y j, ). u. Apollus, receipt
OF which Is hereby acknowledged. dnd the
debts and trusts hereinafter mentioned paf,
gained, sold, conveyed aud delivered, ana
10y these present do bargain, sell,
convey ana deliver 10 said j. 5, Is.
AponuH my cnJire stock Of goods
wares ana merchandise now located In
building Ia the town of Ardmurc Indian
Territory, on the main street thereof be-
tween the storehnuses now occupied by
IryndsleN Bros. aud j. $. Is. ApOllOs, con
sisuug Of Il general stock OF groceries,
uuCenswnre, bugglug, Hes glassware. stoves
liuware stonewarp, hardware, etc, 10
have and To hold unto the sud j. 5. II,
ApOllus his heirs and nssgns forever, anu
J hereby covenant with the said J. 5. Il.
Appilus that | am lawfully seized OF SAID
above described property aud have good
right to dispose Of the same, aud I VIII,
AMI my heirs executors and administrators
shall, warrant and forever defend said prop
srEt unto mt iaS saig d. 5 \; Ap9,9s s
Is Intended, however, for the following pur-
poses, to.wit: | am Indebted 10 NAPLES
VILE Tex. Ii the sum Of SSip,l2, Of which
sild sum S4ll,|l Is evidenced by pruuls-
sorry note for S4i'tN2 win accrued Interest
snlt note dated sept $, 1870, duo sixty
days after date, ana S3hI,0l Is evidenced
by open accounts, aud nui indebted 10
Tyler simpson OF Gainysyllic Tex. IN
The sum Of SN3.aS aud THIS Conveyance is
Intended 10 secure said NaplcS l'lntt,'r com
p9ny aud tyler y simpson IN the payment
Of said sums uf money The said H. $. 10.
Apohus Is hereby authorized aud empower
ed 10 take Immediate possession 81 said
described property nnl dispose VI the SAME
at private Hale for cash AND Amply tile same
suid NAPLES Platter company and Tyler ~
Simpson uuui Die said indebtedness to thp
sud parties u pnid M full, Aud the said
D.. $, B, Appllos Is further hereby empower
ed To Apply any proceeds Of the sale Of
said property To payment of the necessary
expenses OF selling said property al pryatu
suite Us above specified, including u SALARY
ot $40 pee mouth US compensation 10 MIN
self, After said expenses as above set form
ana said indebtedness hnrr been paid, the
rrmuluuct uf s!lld property ana the suit
proceeds thereof shall be- turned over To
me, and GU payment VI Huid expenses and
said indebtedness aloyc speclhcd, and of
said proceeds OF said sale, Tits conveyance
snail become void and " no further force
and effect, but shall remain ana he In full
force aud cUccl until such payment
witness ny hand, thiS I'm day Of No
yomhor. lSO, \, NJ MEANS
Witucss A. n. McCnns ). ~ llrdsup
ON jan. 3O.lSDl, Appellant ApOllps nlpd
his petition IA tls CHusc IN tic district
court OF Cooke county against Appellee
StuniiuHh. who was alleged To be a real
deut NJ said county, alleging tie execution
OF the Instrument aforesaid, that the goods
described therein were not Of value more
thNn sufficient to pay the debts secured
thereby; HAT snid appellant on the day Of
the execution OF the same took actual pc.
session Of the goods; that said Instrument
did not embrace all Of the Property OF said
Means, hut That he hUtl sufficient remaining
Ia pay all his debts. TINT su,h instrument
was executed by him IN the utmost good
fhltll Oud honesty and was only meant and
intended as q mortgage 10 secure the debts
described therein and y was understood
aud agreed at the time that upon the pay.
luent NJ said debts said Instrument should
BE- cancelled aud said property released Ia
sud Means. and that said Means had the
ability tp discharge said mortgage aul
fully Intended su Ia do and would have
discharged II, but for the torls Of the lie
lrud0nt complained Of; that on Nov rs,
lSlO while said Apollos was IN actual and
lnwnll possession of said goods, the ipppi,
lee, SAulfurth, aud his agents aud nttornvys
caused writ ~ attachment 10 he issued
ngainst said Means In case brought by
said Staulforth against him IA the United
States Nlurt In tile Indian Territory la lid
third Bylslon thereof ut Ar,lmorc. aud
directed mud caused anid writ To he hy the
deputy lnurs hnI uf said district pNeruird i,y
taking from the possession OF said Apoll6s
said Means, whereby he claims he has hccn
h. ','ug ,i ,nc nun Nalin {hsreoi, ior witch
III, rr.ttta ''l. ~, ~ ,uli"huuta are
sgil tustr,,,i a, ''vv,A ou Mn. siSHi"u ~ |
Hled their MIX ", nf,rvcnfiSn sdn,,,i,,.' NY
aiegations ma ioinlne In t6e nrnVtr w tie