San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1896-07-29
TRUSTEES SALE.
THE STATE OF TEXAS,
CnIinfu of RnNnr


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 33, 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 $40 acres, patented to Francis
co Ponsa-less, however,o five acres
out Of Section 3, which has been re-
leased from the operation OF said
Trust Deed. Also 96 acres, more or
less, being Section 8, In Division r,
out of original Surveys 15S and 159,
Of GAO acres each, the first patented
to NJ. f Perez, and the latter to @. 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 14311a acres, out of orig
In nI Of
to Francisco Candles. Also section 3,
neca Division /, out of original Sur
vey 163, 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. +. 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. +. Dignow-
ity, Book A3, page 500; Paulo +. Riv-
ers to James V. Dignowity, Book A,
page 267; Martha Jackson to James
V. Dignowity, Book Al, page 24S.
Reference is also made to the deed
from James V. Dignowity to A. r.
Dignowity, in Book AS, pages 227-
900; also a deed from Albino Perez
and wife to A. +. and J. V. Dignow-
ity in Book Volume 1, pages 153-
1856, 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
-,
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
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. f. 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 honse 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
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 for
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 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 ap-
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 6,
1890; and the further sum of $4,000
paid thereon February 81, 1892; and
the further sum of $232.S5 paid there
on July %, 1892; and,