San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1896-07-14
TRUSTEES SALE.
THE STATE OF TEXAS,

DlSuONllg ulu llShe, tAtCult anu Ut
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. b.
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
80 to 80, 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 3, in
Division NJ, out of original Survey
1G1, of $40 acres, patented to Francis
co PonSa-less, however,Of five acres
out of Section 3, which has been re-
leased from the operation of said
Trust Deed. Also SO acres, more or
less, being Section 5, in Division r,
out of original Surveys 15S and 159,
of $40 acres each, the first patented
| to NJ. f Perez, and the latter to G. S.
Brown. Also 155 acres, more or less,
being Section 4, in Division b, out of
original Survey 100, of $40 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 !, out of original Sur
vey 1913, of $40 acres, patented to
Francisco Valdez. For 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 IA,
| pages 229-231; Theresa Ney, by attor-
| ney, in fact Joe Ney, to A. f. Dignow-
| ity, Book AS, page 500; Paulo f. Riv-
ers to James V. Dignowity, Book A.,
| page 267; 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 Perez
| and wife to A. +. and j. V. Dignow-
| ity in Book Volume /, pages 153-
| 155, in Val Verde County Records;
| also deed from Martha Jackson to
| James V. Dignowity, in Volume Al,
pages 24S-251, Kinney County Re-
| cords; also Theresa Ney to J. V. Dig
II A II, in
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
Felipe Agricultural, Manufacturing
l and Irrigation Company, for particu-
lars; and,
Whereas, 1t is provided, in sub
I stance, by the terms of said instru-
1 ment, that if the said James V. and
A. +. Dignowity fail to pay said pro
j missory note when due, that at any
4 time thereafter the said Trustee shall
\ sell said property at public auction,
4 at the court house door in Bexar
i 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
| 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 adyer-
| tisement, and retain ten per cent.
| commission on the amount of sale for
his services, and shall then pay the
/ amount of principal and interest due
/ on said promissOry note, and the bal
anee, 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 ap-
| point a Trustee, and all the powers in
| vested in the said A. B. Frank, Trus-
| tee. shall vest in the so appointed
| Trustee; and.
Whereas, The said A. B. Frank has
| refused to act as Trustee, and the
said Lavanburg, who is still the own
| er 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
GLIDING July 4, 1895; and the further
sum of $4,000 paid thereon March 8,
| 1890; and the further sum of $4,000
paid thereon February q, 1892; and
| the further sum of S232.S5 paid there
-. T,,I,, 90 1000. apd