San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1896-11-10

trict court of Bexar County in case
No 92S, on September 18th, 1888, out
of the n. portion of survey No. 80;
thence with s. boundary line to w.
boundary line of survey No. SO; thence
s. IA w. with said W.boundary line to
it's s. w. corner; thence s. &c E. with
S. boundary line of survey No. 33 to
place of beginning, excepting from
said tract 1913 acres conveyed by ].
e. Beck to John Hadrock out of S. w.
corner of said survey No.33. Being the
same land conveyed to Peter Zigmond
by deed of w. A. Lannom, dated jan
uary 3, 1891, and duly recorded in rec
ords of Bexar County, in Vol. "a, PIP.
204 and POS; 2nd. 500 acres of land,
more or less, out of survey 139, orig
inally granted to Abner H. Young for
$40 acres of land, and being all of sur
vey>139 except 142 acres thereof fully
described by metes and bounds in
the deed made by NJ. p. Forehand and
wife to d. & A. Oppenheimer dated
July 25th. 1881, and duly recorded in
the records of BeXar county, in book
Vol. 10, p. 4S5; the said 142 acres be-
ing the portion of said survey 1879 re-
served by said FOrehand as n home
stead in the said conveyance to said
d. & A. Oppenheimer for the remain
der of said survey: and excepting
about one half acre of land of said
survey 139 under some live oak trees.
which is used as ''burying ground"
being the same property conveyed to
C. Zigmond by deed of D. & A. OPP
penheimer and duly recorded in rec
g In, UnI
and AZ. to which reference is made;
3rd. 1912 acres of land known as
survey No. 40 on the waters of Mar
tinez creek. a tributary of Cibolo riv
er. about II miles S. so E. from San
Antonio. Being the same land that
was patented by the state of Texas
to Peter Zigmond, assignee of J. V.
Dignowity, by patent No. AS, Vol. IL,
and bounded as follows: Beginning
at stake and st. md, the e. corner
of A. III. Young survey 1879, being also
a corner of o. III. Peters survey 1873,
from which mesquite ~ brs. n. 10
f. 6 VS.. do s brs. n. &c w. VS.. (old
brgs.): thence IA east with n. line of
said Petres survey 263 VS.. to st.
md. on s. w. boundary line of
survey No. &c d. Reyes; thence n.
16 w. with said line 2162 VS.. to stake
and mound on S. boundary line to III.
]. Hewell survey No. 80: thence n. 76
w. with said line 80 VS.. to stone
mound on east boundary line of Chris
TOPPER Williams survey thence S 16 +
at 5S1 VS.. n. T.. corner of Young sur
vey 1926 to the beginning. Brgs.
marked XIl; and
Whereas, it is provided in substance
by the terms of said Instrument that
should the said Zigmond make default
in the punctual payment of said in
debtedness or any part thereof, princi-
pal or interest. as the same shall be-
come due and payable, then and in
any such case the whole amount of
said Indebtedness remaining unpaid
shall at the option of the said Lavan-
burg. or other holder thereof, imme-
diately mature and become payable,
and therupon, or at any time thereaf-
ter, it shall be the duty of the trustee.
or of his substitute, at the request
of the said Lavanburg, to enforce this
trust, and after advertising the time.
place and terms of sale of all the above
conveyed and described property in
the manner now prescribed by law in
judicial sales to sell the same in ac-
cordance with such advertisement at
public auction in front of the door of
the court house of Bexar County, in
the state of Texas, on the first Tues
day in any month, between the hours
of 10 a. m. and p. m., to the highest
bidder for cash, selling all the proper
ty above conveyed and described as
an entirety or in parcels as the trus-
tee acting may elect, and make due
conveyance to the purchaser or pur-
chasers with general warranty, and
out of the money arising from such
sale the trustee acting shall pay first
all the expense of advertising, sale
and conveyance, including a commits
sion of five per cent to himself. and
then the full amount of principal and
interest due and unpaid on the above
described Indebtedness, rendering the
balance of the purchase money. if any,
to the said Peter Zigmond, his heirs or
assigns; and
Whereas. it is further provided in
substance by the terms of said instru-
ment that in case of the absence.
death. inability. refusal or failure of
the trustee named to act, a successor
and substitute may be named, con-
stituted and appointed by the said
Lavanburg. or other holder of the said
indebtedness. without other formality
that an appointment and designation
in writing; and
Whereas the said Frank has refus-
cd to act as trustee, and the said S.
Lavanburg, being still the owner and
holder of said Indebtedness, has APP
pointed John Sehorn substitute trus-
tee; and
Whereas the semi-annual install
ments of interest becoming due on
said note on January 18th, 1895, on
July 18th, 1895, January 18th, 1896,
and July 18th. 1896, are now long