El Paso herald. (El Paso, Tex.) 1901-1931, 1910-07-12
Legal Notices.

THE STATE OF TEXAS,
COUNTY OF Ell PASO,
Whereas, heretofore, Henry l. Alley
and wife A5die Alley, executed and
delivered to John Sayles, as trustee, a
certain deed of trust dated December
s. 1909, and recorded on page 26l OF
Vol. 49, of the Deeds OF trust and
Mortgage Records, of FL Paso County
Texas. for the better securing OF the
balance due and unpaid on a certain
judgment rendered in cause No. 254f In
District court OF Taylor County, Texas.
saido cause styled J. B. Stokes ct al
plaintiffs, VS. l. c. Sharp ct al, de-
PENDANTS (said balance being the sum
of eight hundred and sixty-flve and
$500 dollars, with interest thereon
from December 9TH, 1909, at the rate
Of nine percent per annuml, ana the
sum of thirty-twO and fl-1OO dollars
interest paid the state of Texas on the
hereinafter described land with inter-
est on said last named sum from Dc
cember 27th 1909, at the rate OF nine
percent per annum, said sums so Sc
cured being more fully described IN
said deed of trust here referred to;
And whereas, said deed Of trust con-
viewed to said John Sayles as trustee
sections numbers three and eleven IN
block number eighty, original grantee
Public School, situated in FL Paso
County. Texas. about two miles from
the town OF Plateau, and having been
purchased from the State of Texas by
c. NJ Nicks:
And whereas, in said deed of trust
said Alley and wife designated, dedl
Gated and set apart as their homestead
the south 200 acres of land in a rec-
tangular form out Of said section num-
Der eleven. said two hundred acres haV-
ing for its south boundary line the en-
tire south boundary line Of said sec
ton number eleven
And whereas. said deed of trust pro-
vides that said interest TO the state OF
Texas so paid, by the beneficiary IN
said deed of trust shall be added 10 said
balance of said judgment
And whereas, said deed OF trust 1ur-
Their provides THAT in case of the fail
ure or default in the payment or the
balance Of said judgment together
with interest thereon accrued as per-
terms Of said deed OF trust, on or
before March 9TH. 1910, then ana IN
such event the said Trustee in said
deed of trust is fully authorized and
empowered, and it is made his special
duty at the request of the legal holder
or owner of said judgment at any time
made after March 7th, 1910, to sell the
above described lands to the highest
bidder for cash in hand at the court
house door Of Ell PasO county, on the
first Tuesday in any month between
hours of ten o'clock a. m and four
o'clock p. m, after advertising sucn
sale;
And whereas, Ben T. Dial. of Taylor
County, Texas, is the present legal
holder and owner Of said balance Of
said Judgment and of said claim for
said interest SO paid to the state of
Texas;
And whereas, said Dial has requested
the said John Sayles, trustee, to sell
said lands according to the terms and
provisions in said deed Of trust con-
tanned;
the trustee named and appointed in
said deed Of trust. has failed and re-
fused TO sell said land under said deed
of trust and has failed and refused
TO act in any wise as such trustee;
And whereas, said deed of trust pro-
vides that if said John Sayles shall
fail or refuse to act as such trustee
that the legal owner or holder of said
Judgment shall have full power to ap-
point a substitute in writing who shall
have the same powers as are by said
deed Of trust delegated to said John
Sayles.
And whereas, said Ben T Dial, as the
legal owner and holder Of said balance
of said judgment has in writing ap-
pointed c. L. HALEY as substitute
trustee to act in lieu of and in the
place and stead of said John Sayles;
and has requested said HALEY to sell
said lands under said deed of trust as
therein provided for;
And whereas, said deed Of trust pro-
vides that the proceeds of any sale
shall be applied to the pay
ment of said balance Of said judgment,
the interest thereon accrued, and the
expenses of executing said trust, in
Guiding ten percent commission to said
trustee, and the remainder thereof to
be held subject to the order Of said
H L. Alley;
Now. therefore, know all men, that
I, the said c. l. Haley, will offer for
sale and sell between the hours of ten
o'clock a. m and four o'clock o. m, at
public auction to the highest bidder for
cash in hand at the court house door Of
FL Paso County. Texas. on the first
Tuesday in August, A. D. 1910. all Of
said sections numbers three and eleven
in block number eighty, original
grantee Public School, situated in FL
Paso County, Texas. together with all
the rights members, hereditaments
and appurtenances thereto belonging,
but subject. however. to said home
stead right of said II. I. Alley and
A6diA Alley.
Witness nv hand this. the 18th day
of july. 4 D.. 1910
C. L. HALEY, Substitute Trustee