San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1895-08-19
Notice of Trustees Sale.

anu u " Ogutu' VI DeAdr COunty, Ie&as, die
by their deed of trust, dated May 2, 1889, and
recorded Nav 4, 1889, in book vol. &c. on psCe,
les, l6S and 1877, of the records of deeds of trus
of Bexar County, Texas, convey to J. II
James, of the same County and State, as trus
tee, the following described Iards aud pre-
ises. situated in BeNar County, Texas, known
and described as follows. to-wit: LANDS ~
ing aud being In BeXar County, Texas, north
OF the city or san Antonio at the head of the
san Antonio river. conveyed 70 said W, J. r.
Patterson. K. II. Russell and G. ". Ogden, by
Hiram II. McLane and wife. viz: That portion
of the VIM Z Howth survey No. four a. and
that portion of the Pedro CamarllO No three
o., embraced within the following hounda.
ries: Beginning at pile OF stones 225 va,as
N, 53ls degrees W. from an angular corner of
the y tract of sac 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. T. HOwth
this beginning corner being the same cor ter
described as the beginning corner of the VIM.
4 Howth survey No. 4, in the paten thereof;
thence East with the South line of said sur.
vey No. 4, to its 5. E. corner as describe in
the patent thereof; thence North with the
East line of said survey No. to its N. E. cor
ner, as described IN the patent; theLce West
with the North line of said survey No. 4 to it's
N. W. corner: thence South with the West
line OF said survey No. to stone mound
near the 0lmos creek: thence West, crossing
from the West bank of said creek: thence
down said creek parallel with its eanders TO
a Stone mound on the City tract line, about
varas from the West bank of said OImOs
creek: thence 5. E. with the City tract line 10
the beginning Ii being intended 10 convey
in addition to the lands above described all
portions. If any, of the said VIM. Z. Howth
survey No. 4, and the said Pedro Camarillo
survey No. owned by the said Hiram II.
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.
tanning twenty i've acres. more or less: lot
Ne. two ~, containing tweuty-siX and 30.l0O
acres. more or less; lot No. three C3), contain
ing twentyfOur acres, more or less; lot No.
four a., containing twenty seven and one
ba 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. 81, otherwise know as the Arsenal
lot, and is the property conveyed by the City
of San Antonio to Charles Anderson by deed
dated Sept. ath, 1851. and recorded In the
records of BeXar County, in book s 2, pages
III and ~. Also fifteen and 54-l0O acres of
land, more or less: known as original City lot
No Il, range l, district 2. of the subdivision
of the City lands and having been conveyed
by the City of San Antonio to Barbara Weber,
by deed dated June 18th, 1853, and recorded in
BeXar County Records. book 5 2, d. sos Also
all the West two.thirds OF original City lot No
forty (4D, range |, district2. of the subdivision
Of the City lands, said = of lot No. 40 hereby
convey ed containing S}-lOO acre of land and
H. VI.
wife TO H. H. McLane, by deed, dated De.
cembeT %, 1882, and recorded in BeXar Coun-
I, Records, in vol. 81, PIP. 292-2A. Also four
and ~. 100 acres of land. more or less, and be-
ing original City lot No. 35. range l. district 2
of the subdivision of the City lands
Also eight and 10 acres of land more or
less, and being known as Original City Lot
No. 81. Range |, Dist. :. of the subdivision of
the city lands. Also eeveDty-hve 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
5. Z corner of the W. f Howth Survey No
4, in the center of the Pieper settlement
road; thence west with the south line of said
Survey No. I to where II intersects the City
tract line; thence east with the City tract
line about $50 feet TO corner of the City
tract; thence s. f with said City tract
line 555Is vaTas to the s. f. corner of Original
Lot No. %, above described; Thence east to
the center of the PiepeF settlement road;
thence IN a nOrthCrly direction with the cen
ter of said road to the place of beginning"
Which conveyance was made in trust to Sc
cure the payment of their three promissory
notes, dated May 2, 1889, for the sum of
ST., 14 4S each, payable to the otder Of Hiram
H. McLane, one, two and three years after
date, respectively, with interest from date
till paid at 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 IL default be made
in the payment OF any 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 annum, 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 Il, 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 II. Cham
Il Patterson. X. H HuE9All
Chas. W. Ogden with the Alamo Heights
Land aud Improvement Company, 1t was
covenanted and agreed that in consideration
OF Hiram II. McLane having released to the
Alamo Heights Land and Improvement CON-
psny, at the instance and request of W. J. b.
Patterson r. II. Russell and G. W. Ogden,
certain lands included In said above described
deed of trust, the said Company agreed from
said date TO pay Il per cent interest per
annum, instead of s per cent, on two of said
above described notes of 81, l54.43 each, said
third note having been paid in full, said in
crease of interest to be q lien, as If provided
in said notes and deed of trust, upon the un-
released 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 said in
crease of interest; and
Whereas, said notes due May 2, 1891. and
May 2, 1897 were extended on May 2, 1891, for
one year each from their respective msturi
ties and the total amount of the principal of
said two notes reduced to S3O.OOOOO, which
sum It was agreed by and between the par
ties to said before mentioned agreement,
should bear interest at IL per cent per aunum
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 tho death inability or refusal to act
of said trustee, said Hiram II. McLane or
his legal representative may appoint a SUBJ
stiute trustee, who shall have all 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. McLane and the holder of said
notes, have, by instruments of writing duly
appointed the undersigned, George G. Alt
gelt, substitute trustee, and said Hiram n.
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