Brenham weekly banner. [volume] (Brenham, Tex.) 1877-1907, 1897-01-21
Citation BY Publication.
STATE OF TEXAS.


To the Sheriff or any Constable of Wash
ington county, greeting:
You are hereby Commanded to summon
the unknown heirs of Dr. S. II. Smith by
making publication of this Citation once each
week for four successive weeks previous to
the return day hereof, in some newspaper
published in your county, if there be a
newspa per published therein, but if not,
then in any newspaper published in the 2Ist
Judicial District; but If there be no news
paper published in said judicial District,
then in newspaper published in the nearest
District 10 said 2Ist Judicial District, to ap-
pear at the next regular term of the District
Court of Washington county, to be holden at
the court house thereof, in Brennan, on the
Ist Monday in March, A. D. 1897, the same
being the Isr day of March A. d. 1897, then
and there to answer a petition filed in said
Court on the 4th day of January A. D. 1897,
in suit, numbered on the docket of said
Court, Nc. 1900, wherein the Land Mortgage
Bank OF Texas, limited, a corporation duly in
corporated Is plaintiff, and the unknown
heirs of DR.. s. H. Smith are defendants, and
said petition alleging, That on December Ist,
1891, DIR. s. H. smith Joined by, his wife,
both of whom are now deceased, executed to
plaintiff their certain principal promissory
note for the sum of $4,000, due December
lst, 1896, bearing interest at the rate of ten
per cent per annum until maturity according
10 the terms of FIVE interest coupons thereto
attached, and thereafter at the rate of ten per
cent per annum, and providing for a sum
equal to ten per cent of the amount due on
said note if sued upon for collection. That
the same time and in consideration of the in
terest to mature on said principal note said
5. Il. Smith and wife executed to plaintiff
their five interest coupon notes for $4,000
each dated December Ist, 1891, and becom-
ing due on December /, 1892, 1898, 1894,
1898 and 1895, respectively. That the in
terest coupon notes maturing on the 1st days
Of December 1S97, 1893, and 1894 have been
paid. That the principal note and the cou-
pom notes maturing on the lst day Of Decem-
Der 1890 and 1896, have matured and become
due and payable; are now due and unpaid,
together with interest after the respective
maturities Of the same at the rate of ten per
cent per annum until paid. That suit being
hereby brought on the same the attorneys
fee provided for therein amounting to sum
equal to ten per cent of the amount due
thereon has also. become due and payable.
That at the time of the executionof said notes
for the purpose of said notes, S. II. Smith
anu WIG, LIZ d OtnllIl3 CAcSubc0 W ~ -
Silliman, trustee, a deed of trust on the fol-
lowing land:
One tract Of LA acres of land situated in
Washington county, Texas, part OF the
Andrew Miller league; one tract of66 acres
of land situated in Washington county, Texas
part of the Andrew Miller league; one tract
of 10 acres of land situated in Washington
county, Texas, part Of the E. D. jackson
league; and one tract of 10 acres situated in
Washington county, Texas, part of the E
D Jackson league. The above four tracts
containing 200 acres of land; said deed OF
trust being recorded in vol. H, page $50
-. records and mortgages of said county:
That H. S. Smith, wife of s. H. Smith, died
in Washington county, Texas, interstate and
without living issue, leaving surviving her IS
her only heir her husband DR.. S. H. Smith.
That on the.........day of ,..... 1896 said DR..
S. H. Smith died in Washington county in
testate and without living issue, and plaintiff
dos not know who the heirs Of said s. q.
smith sse, Plaintiff prays for judgment for
his debt, interes. and attoEn.,s fees and costs
Of suit and foreclosure Of his lien.
Herein fail not, but have before said court
at its aforesaid next regular term this writ
with your return thereon, showing how you
have executed the same.
Witness, A. NJ. Krug, clerk of the district
court of Washington county.
Given under my hand and the seal of said
court, at otice In Brenham, this the 9Th day
of January, A. D. 1897.
A. NJ. KRue,
Click District Court Washington County. |