San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1896-07-22
TRUSTEES SALE.
THE STATE OF TEXAS,
(,ortntu ne PaNop

1896, James V. Dignowity and A. Il.
Dignowity did make, execute and de-
liver to S. Lavanburg their certain
promissory note for the sum of seven
thousand dollars, due five years after
date, with ten per cent interest per
annum from date until paid-interest
payable semi-annually, in advance
and for the purpose Of securing the
same did, on said 4th day of January,
1896, execute and deliver to A. Il.
Frank, as trustee, their certain deed
of trust, which was duly recorded in
the records in the records of Val
Verde County, in Volume /, on page
so to rs, Trust Deed Records; where
by said Dignowitys conveyed to said
Frank the following described
property, tO-wit: All those certain
tracts or lots of land, lying and being
in the county of Val Verde, and in the
irrigable farm Of Del Rio, in the State
of Texas, and known as sections 3
and 4, and one-half of Section 5, in
Division NJ, out of original Survey
161, Of GAO acres, patented to Francis
co Ponsa-less, however,of five acres
out of Section 8, which has been re-
leased from the operation of said
Trust Deed. Also SO acres, more or
less, being Section 8, in Division r,
out Of original Surveys 1853 and 159,
of GAO acres each, the first patented
to NJ. T Perez, and the latter to @. S.
Brown. Also 155 acres, more or less,
being Section 4, in Division b, out of
original Survey 160, of GAO acres, pat
ented>to VIM. Fishbaugh. Also Sec
ton /, in Supplemental Rio Grande
Division G, of 1882 acres, out of orig
inal survey 162, of GAO acres, patented
| to Francisco Candles. Also section 3,
containing ~ acres in Sc
neca Division l, out of original Sur
vey 1853, of GAO acres, patented to
Francisco Valdez. For a more par
ticular description of the lands refer
red to, reference is made to the deed
| in Kinney County records, from
Paulo f. Rivers to A. f. Dignowity,
in Book A, pages 496-49S; Martha
Jackson to A. f. Dignowity, Book Al,
| pages 229-231; Theresa Ney, by attor-
ney, in fact Joe Ney, to A. f. Dignow-
| ity, Book AS, page 500; Paulo f. Riy-
ers to James V. Dignowity, Book A,
| page 26T; Martha Jackson to James
| V. Dignowity, Book "A, page 24S.
| Reference is also made to the deed
| from James V. Dignowity to A. f.
Dignowity, in Book AS, pages 227-
| 229; also a deed from Albino gerez
| and wife to A. +. and j. V. Dignow-
| ity in Book Volume 1, pages 1873
155, in Val Verde County Records;
also deed from Martha Jackson to
James V. Dignowity, in Volume "A,
pages 24S-251, Kinney County Re
cords; also Theresa Ney to j. V. Dig.
nowity, Book IA, pages 237-239, Kin
ney County Records. Reference is
made to all the above and foregoing
deeds, which are duly recorded in the
Records of Kinney County. Refer.
ence is also made to the map of San
i Felipe Agricultural, Manufacturing
and Irrigation Company, for particu.
lars; and,
Whereas, 1t is provided, in sub,
stance, by the terms Of said instru-
ment, that if the said James V. and
A. #. Dignowity fail to pay said pro-
misSory note when due, that at any
time thereafter the said Trustee shall
| sell said property at public auction,
| at the court horse door in Bexar
] county, to the highest bidder for cash;
| first giving notice of the time, place
and terms of sale, by advertisement
| in some newspaper published in Bex-
ar County, by weekly publication of
| 20 days, and on the sale the said
| Trustee shall receive the purchase
l money, and shall make title to the
property to the purchaser, conveying
the interest of said Dignowitys as
| then existed, and from the proceeds
of said sale the Trustee shall pay
| first, the expenses of sale and adver
tisement, and retain ten per cent
| commission on the amount of sale fol
his services, and shall then pay the
amount of principal and interest due
on said promissory note, and the bal
ance, if any, pay to the said Dignow.
itys, their heirs or assigns; and,
| Whereas, 1t is further provided by
| the terms of said instrument, that in
case the trustee therein named shall
be deceased, absent, unable or unwill-
| ing to act when called on to make
| said sale, the holder of said promis-
sorry note due and unpaid may APP
| point a Trustee, and all the powers in
vested in the said A. B. Frank, Trus-
l tee, shall vest in the so appointed
| Trustee; and.
Whereas, The said A. 3. Frank has
refused to act as Trustee, and the
said Lavanburg, who is still the own
err of said promissory note, has APP
pointed the undersigned, John Sc
horn, substitute Trustee, and request
ed him to execute the trust; and,
Whereas, Said promissory note is
now long past due and remains
wholly unpaid, except that all interest
due thereon was paid up to and in
Guiding July 4, 1895; and the further
sum of $4,000 paid thereon March 8,
1890; and the further sum of $4,000
Maid thereon February q. 1892: and