El Paso herald. (El Paso, Tex.) 1901-1931, 1910-07-26
LEGAL Notices.

~~-~-~-~-~-~\O~O~-~~~~-~
balance due and unpaid on a certain
Judgment rendered in cause No. 234l in
DiStr1ct court OF Taylor County, Texas.
said cause styled }. b. stokes ct al,
plaintiffs, vs. l.. c. Sharp ct al, de-
PENDANTS (said balance being the sum
of eight hundred and sixtynve and
S5-10U dollars, with interest thereon
from December 7th, 1909, at the rate
of nine percent per annunl), and the
sum OF thicty-tWO and 1I-1O0 dollars
interest paid the state of Texas on the
hereinafter described land with inter-
est on said last named sum from De-
cember 9th 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-
veyed 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 To said
balance of said judgment.
And whereas, said deed of trust fur
Their provides that in case of the fail
ure or default in the payne Mt of the
balance of said judgment together
terms Of said deed of trust, on or
before March 7th, 1910, then and 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 eth. 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;
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:
And whereas. the said John Sayles.
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 substitute in writing who shall
have the same powers as are Dy 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 10 sell
said lands unier said deed of trust as
therein provided for;
And whereas. said deed of trust pro-
vides that the proceeds of any sale
Hereunder 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 10 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 D. m. at
public auction TO the highest blcie LOT
cash in hand at the court house door OF
FL Paso County. Texas, on the nrst
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, heredita ments
and appurtenancss thereto belonging,
but subject, however. to said nome
stead right of said h l. Alley and
Addie Alley.
Witness nv hand this. the 18th day
of July A. D.. 1910.
c. l. HALEY, Substitute Trustee