San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1895-08-13
Notice of Trustees Sale.

and c. W Ogden. of Bexar County, Texas, did
by their deed of trust, dated May 2, 1889, and
recorded May 4, 1889. in book vol. 90, on pages
los. 1866 and 1884, of the records of deeds of trust
of Bexar County, Texas, convey to J. II.
James, of the same County and State as trus.
tee, the following described lands and prem
ises. 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, j. b.
Patterson, Il. II. Russell and G. W. 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 Camarillo No three
81, embraced within the following bounda.
rtes: Beginning at pile Of stones 225 varas
N, 53B 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. K. Howth
this beginning corner being the same corner
described as the beginning corner of the WIN.
Howth survey No. 4, in the patent thereof:
thence East with the South line of said sur.
vey No. 4, to its s. E. corner as described in
the patent thereof; thence North with the
East line of said survey No. to its N. Z. cor
ner, as described in the PATENT tbence West
with the North line of said survey No to its
n. W. corner; thence South with the West
line of said survey No. to stone mound
near the 0mos creek; thence West, crossing
said sreek, to stone mound about varas
from the West bank of said creek; thence
down said creek parallel with it's " eanders TO
stone mound on the City tract line, about
varas from the West bank of said Omos
creek; thence 5. Z. with the City tract line 20
the beginning, IL being intended to convey
in addition to the lands above described all
portions, If any OF the said VIM. L. Howth
survey No. 4, and the said Pedro Camarillo
survey No. 3, 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 twpntV Ave M lass.
No. two ~, containing twenty-six and 30-l0O
acres. more or less; lot No. three go, contain
ing twenty.four acres, more or less; lot No.
four a., containing twenty seven and one
ha acres, more or less; lot No. five 49,, con.
| taining twenty six acres, more or less. Said
five lots compose what is known as original
lot No. IS, otherwise know as the arsenal"
lot, and Is the property conveyed by the City
or san Antonio to Charles Anderson by deed
dated Sept Goth, 1851, and recorded in the
records of Bexar County, in book 2, pages
III and ~. Also fifteen and %-l00 acres of
land, more or less, known as original City lot
No A. range l. district 9, 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, 1858, and recorded in
Bexar County Records. book 2, p. COS. Also
all the West twothirds of original City lot No
forty t4n range l, district 2, of the subdivision
| OF the City lands, said q of lot No. 40 hereby
| conveyed containing $500 acres of land and
J having been conveyed by II. NJ. Smith and
wife to II II. McLane, by deed, dated De-
| Gem Der lco-, anu recorded IN BeAar NOun-
t. Records, in vol p, PIP. 292-294. Also four
and 92-lOO acrpa of land, more or less, and be-
| ing original City lot No. 49, range l, district 2,
| of the subdivision of the City lands.
| Also eight aud 4-lO 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 seventy-tve acres, more
or less, out of Surveys Nos. IA and 49, in the
name of }. W. Clarity, being more particu-
| larry described as follows: Beginning at the
S. E. 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. to where II intersects the City
| tract line; themes east with the City tract
| line about $40 feet TO a corner of the City
| tract; thence 5. 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 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
mites, dated May ,, 1889, for the sum of
| 81, l54 43 each, payable to the Older of Hiram
II. 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, aud If 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 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 H, McLane, William H. Cham
berlin, W. J. b. Patterson, X. H. Russell and
Chas. W. Ogden with the Alamo Heights
Land and Improvement Company, 1t was
Qnfad and QUrnad that in consideration
OF Hiram II. McLane having released to the
Alamo Heights Land and Improvement Com
pany. at the instance and request of w. j. B.
Patterson, X. II. Russell and c. w. Ogden,
certain lands included In said above described
deed of trust, the said Company agreed from
said date TO pay II per cent interest per
above described notes of 81, l5443 each, said
third note having been pah in full, said in
crease of interest to be a lien, as il provided
in said notes and deed Of trust, upon the IN
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 saidin-
crease of interest; and
Whereas, said notes due May 2, 1891, and
May :, 1892, 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 S30.000.00, which
sum IL was dgreeu Oy ana between tue 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, aud the same arelong 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 sub
stiute trustee, who shall have all the powers
conferred by said deed of trust on the above
named trustee; and
Whereas said J. Fl. 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 @. Alt
gelt, substitute trustee, and said Hiram II.
McLane and said holder of said notes have
in hatft ttta frua m