Brenham weekly banner. [volume] (Brenham, Tex.) 1877-1907, 1897-01-14
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. r. 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
newspaper 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 Isl day of March A. b. 1897, then
and there to answer petition filed in said
Court on the 4th day Of January A. D. 1897,
in a suit, numbered on the docket of said
Court, No. 1850, wherein the Land Mortgage
Bank ofTexas, 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, DR.. 6. 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
to the terms of five interest coupons thereto
ats ched, 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 il sued upon for collection. That
the same time and in consideration of the in
terest to mature on said principal note said
3. d. 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 I, 1892, 1898, 1894,
1898 and 1896, respectively. That the in
terest coupon notes maturing on the 1st days
of December 1892, 1893, and 1894 have been
paid. That the principal note and the cou-
pom notes maldrlng on the 1st day of Deem
Der lS96 andl8o6, have matured and become
due and payable; are now due and unpaid,
together with interest after the respectly
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 tor 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 execution of said notes
for the purpose of said notes, S. II. Smith
and wife, Fl. S. Smith, executed to c. H.
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 of Sc acres |
of land situated in Washington county, Texas |
part of the Andrew Miller league; one tract !
of 10 acres of lS1d situated in Washington |
county, Texas. part of the Z. D. Jackson
league; and one tract of 10 acres situated in !
Washington county, Texas, a 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
e. records and mortgages of said county:
That H. S. Smith, wife of s. H. Smith, died
in Washington county, Texas, intestate and
without living issue, leaving surviving her eS
her only heir her husband Dr.. S. H. Smith.
That on the.........day of 49,. 1896 said DR..
S. H. Smith died in Washington county in
teState and without living issue, and plaintiff
does not know who the heirs of said S. 81.
Smith are. Plaintiff prays for judgment for
his debt, interest and attorneys fees and costs
of suit and a 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
,ourt of Washington county.
Given under my hand and the seal of said
curt, st Office In Brenham, this the 5th dsy
f January, A. D. 1897, IL.
Clerk District Court Washington County,