San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1895-09-01
Notice of Trustees Sale.

ana Z. w OgOen, OF BeXdr county, I6Xh6, uld
by their deed Of trust, dated May 2, 1889, and
recorded May 4, 1889, in book vol. 50, on pages
1885, 166 and l67, of the records of deeds of trust
of Bexar County, Texas, convey TO j. H.
James, of the same County and State, as trus
tee, the following described lands and prem
Uses, situated in Bexar County. Texas, known
and described as follows. to-wit; LANDS ly-
ing and being in Bexar County, Texas, north
of the City of San Antonio, at the head of the
San Antonio river. conveyed to said w. ]. b.
Patterson, X. H. Russell and c. W. Ogden, by
Hiram II. McLane and wife. viz: That portion
of the VIM. E. Howth survey No. four a. and
that portion of the Pedro Camarillo No. three
90, embraced within the following bounda-
ries: Beginning at pile of stones 225 varas
N, 531s degrees W. from an angular corner OF
the City tract of San Antonio, which begin.
ming point is also the intersection of the said
line Of the City tract and the South line of
original survey No. 4, for the VIM. e. Howtb,
this beginning corner being the same corner
described as the beginning corner of the VIM.
| E. Howth survey No. 4, in the patent thereof;
thence East with the South line of said sur
vey No. 4, to its 5. E. corner, as described in
the patent thereof; thence North with the
East line of said survey No. 10 its n. Z. cor
ner. as described in the patent; thence West
with the North line of said survey No. to its
| n. W. corner; thence South with the West
Lime of said survey No. 4 to a stone mound
near the 0lmos creek; thence West, crossing
said sreek, to a stone mound about varas
|
down said creek parallel with it's n eanders TO
| a stone mound on the City tract line, about 8
varas from the West bank of said Olmos
| creek: thence S. E. with the City tract line TO
| the beginning. 1t being intended to convey
| in addition to the lands above described all
portions. If any, of the said w m. +. Howth
survey No. I, and the said Pedro Camarillo
survey No. 3, owned by the said Hiram Fl.
McLane and wife, or either of them, at the
| time of the said conveyance TO said Patterson,
Russell and Ogden. Also lot No. one ~, con.
l sK,fVn fuunW Nv LOT
| No. two ~, containing twenty-six and 30100
acres, more or less; lot No three 80, contain
| ing twentyfour acres. more or less; lot No.
| four a., containing twenty seven and one
half acres, more or less; lot No. five 49,, con.
tanning twenty six acres, more or less. Said
| five lots compose what is known as original
| lot No. 3S, otherwise know as the arsenal"
lot, and Is the property conveyed by the City
of San Antonio 10 Charles Anderson by deed
dated Sept. goth, 1861, and recorded in the
records of Bexar County, in book S 2. pages
| l2l and l22 Also fifteen and 54-lOO acres of
land, more or less, known as original City lot
No Al, range l, district 2, of the subdivision
by the City of San Antonio TO Barbara Weber,
| by deed dated June 18th, 1868, and recorded in
Bexar County Records. book s 2, p. sos. Also
all the West two.thirds of original City lot No.
forty (4D, range i, district2 of the subdivision
of the City lands, said y of lot No. 40 hereby
conveyed containing $500 acres of land and |
having been conveyed by H: NJ: Smith and
wife to H. H. McLane, by deed, dated De- |
cember 22, 1889, and recorded in Bexar Coun- |
ty Records, in vol. q, PIP. 1924. Also four |
and 92.lCO acres Of land. more or less, and be- |
ing original City lot No. 3d. range i, district g
of the subdivision of the City lands |
Also eight and 410 acres of land, more or
less. and being known as Original City Lot |
No. 81, Range ], Dist. 2, of the subdivision of
the city lands. Also seventy-iye acres, more |
or less, out of Surveys Nos. IA and 10, in the |
name of J. W. Garrity, being more particu- |
larry described as follows: Beginning at the |
S. E corner of the W. e. Howth Survey No. |
4, in the center of the Pieper settlement |
road: thence west with the south line of said |
Survey No TO where 1t intersects the City |
tract line; thence east with the City tract |
line about $40 feet to corner of the City |
tract; thence S. E. with said City tract |
line 555la varas to the S. E. corner of Original |
Lot No. IS, above described; Thence east to |
the center of the Pieper settlement road;
thence IN a northerly direction with the cen
ter of said road to the place of beginning"
cure the payment of their three promissory
notes, dated May 2, 1889, for the sum of |
ST., l54. AZ each, payable to the Older of Hiram
II. McLane, one, two and three years after
date, respectively, with interest from date |
till paid at 8 per cent per annum, payable an
nually; and
whereas, said deed of trust provides that
said notes shall all mature upon default in
the payment of the principal or interest of |
any one OF said notes, and If default be made |
in the payment ofany of said notes, whereby |
all of said notes become payable as above |
mentioned, then said notes shall be payable |
with IL per cent interest per aDnum, precise
ly as though each of said notes had been
written IL per cent interest instead of per
cent per annum; and
whereas, by an agreement in writing. dated
January II, 1891, recorded IN Book SO, Page
466, of the Records of the Office of the Coun-
ty Clerk of Bexar County, Texas, and entered
into by Hiram II McLane, william H. Cham
berlin, w. ]. b. Patterson, K. H. Russell and
Chas. w. Ogden with the Alamo Heights
Land and Improvement Company, it was
covenanted and agreed that in consideration
of Hiram II. McLane having released to the
la,n nfarbN &c H.,
pany, at the instance and request of w. JB.
Patterson. X. II. Russell and G. W. Ogde
certain lands included in said above describ
deed of trust, the said Company agreed fro
annum, instead of per cent, on two of said
above described notes of Sl7,l54,43 each said
third note having been paid in full said in
crease of interest to be lien, as if provided
in said notes and deed of trust upon the I'M
reles sed portion of said lands, said Company
having purchased said lands from said Pat
terson, Russell and Ogden, subject TO the
lien existing thereon to secure the payment
of said notes, said Patterson, Russell, Ogden
and Chamberlin having Individually guaran-
teed the payment by said Company of saidin-
crease of interest; and
Whereas, said notes due May 2, 1891, and
May 2, 1892, were extended on May 2, 1891, for
one year each from their respective maturi-
ties, and the tota! amount of the principal of |
said two notes reduced to 100000, which |
sum it was agreed by and between the par
ties to said before mentioned agreement,
should bear interest at IL per cent per annum,
payable annually; and
Whereas, default has been made in the
payment of the interest and principal of said
two notes, and the same are long past due and
unpaid; and
Whereas, said deed of trust provides that in
case OF the death, inability or refusal to act
of said trustee, said Hiram H. McLane or
his legal representative may appoint a sub
stiute trustee. who shall have ali the powers
conferred by said deed of trust on the above
named trustee; and
whereas said ]. H. James mas heretofore
resigned and refused TO act as trustee and
said Hiram II. McLaue and the holder of said
notes, have, by instruments of writing duly
appointed the undersigned, George G. Ait
gelt, substitute trustee, and said Hiram H.
McLane and said holder of said notes have
required in writing said substitute trustee to
sell said property;
Now, therefore, notice is hereby given that
], George G. Altgelt substitute trustee, I'M
der and by virtue of the power and authority [
in me vested by the terms of said deed of |
trust and said appointment as substitute trus-
tee, will on the first Tuesday, viz, the Bird day
of Sentemhar. A. d. 1891. hetWnan the hnllrs |