The Lubbock avalanche. (Lubbock, Tex.) 1909-1922, 1913-10-02
Citation BY Publication

The state Of Texas.
To the Sheriff or any constable OF Lub-
book county Greeting:
You are hereby commanded 10 sum
mon X. r.. Newlsnds by making publ
cation OF this citation once In each week
for four successive weeks previous 10
the return day hereof. IN some news
paper published IN your county II there
be newspaper published therein, but
II not. then in any newspaper published
IN the 72nd Judicial district; but II there
be- no newspaper published IN said
judicial district. then in newspaper
published i'm the nearest district 10 SAID
y judicial district; TO appear at the
next regular term Of the district court
of Lubbock county, TO be holden at the
court house thereof, in Lubbock. Texas,
on the fourth Monday in November A.
ID. 1918, the same being the oath day OF
November A. ID. 1918. then and there
TO answer a petition filed IN said court
on the nth day Ok April A. d. 1913, IN
suit. numbered on the docket Of SAID
court No. 72p. wherein Geo. W. Carter
is plaintiff, and j. r. Lanier, W. X.
Spencer and X. Il. Newlands, are
defendants. and said petition alleging
that about Dec. A30th, 1911, defendant,
W. x. Spencer made conveyance to
defendant J. X. Lanier Of section
seventy (7W IN block ID original
grantee Jno. n. Gibson. situated m
Yoakum county, Texas, that in part
payment for SAID land defendant j. X.
Lanier, executed and delivered to de-
PENDANT W. X. Spencer his two
promssory notes; one of said notes be-
ing for the sum s207. 80. given in part
payment for the east - OF said section.
there being reserved in said note and
deed TO said -2sectiOn the vendor s hen
to secure payment of said note: and the
other note being for the sum Of 1907. 80
given in part payment for the west ~
of said section. there being reserved In
said note and deed 10 said IL section
the vendors lien TO secure payment OF
said note; both notes being due one year
after date signed By j. X. Lanier and
payable 20 the order of ". r. Spencer.
with interest from date until paid al
the rate of : per cent per annum. past
due interest 10 bear interest at the rate
of 10 per cent per annum and both notes
providing for the usual 10 per cent
collection fee. that in the deeds from
w. K. Spencer 70 j. X Laner the said
]. K. Lanier assumed payment of the
purchase money due the state of Texas
on said land.
That on January 2nd. 1912. defendant
W. X. Spencer transferred both Of
said notes by blank endorsement IA
the plaintiff and az the same time eN-
ecuted and delivered 10 plaintiff a
written transfer Of the vendors lien
on said land.
That on or about March 9th. 1912
j x. Lanier conveyed 20 X.
h. Newlands the west IL of said sec
ton in part payment for said land the
said K. r.. Newlands assumed the pay
ment of the note for 1907. 80 against
said land and as a further consideration
the said K. +. Newlands executed and
delivered 10 said J. X. Lanier one
vendors lien note against said ~ sec
ton for the sum of Sllg3 90. due one
year after date, with interest az the
rate of per cent per annnm. which n
a lien that is inferior 20 the prior liens
held by plaintiff.
That on or about the l0tt OF March.
1912. defendant J. X. Lanier conveyed
the east - Of said section b X. +.
Newlands and in part payment FOR said
land the said K. r.. Newlsnds assumed
the payment of said vendors lien note
of s2Of. 50 against said east - OF said
section, and As further consideration
the said K. h. Newlands executed and
delivered 10 the said J X. Lanier one
note for the sum of $500. ~. due nine
months after ITS date. with INTEREST at
the rate OF per cent ger annum. which
note is secured by vendors lien that
is subject to the hens held by plaintiff.
That on November lst 1911 there WAS
due the state of Texas. as purchase
the following interest on said
section 70 the sum OF $50 AZ. that about
the 18th day of February. l9l3it became
necessary for plaintiff 10 pay SAID
interest 10 prevent forfeiture of said
land and that defendants refused TO pay
said interest and refused 10 reimburse
plaintiff for the interest paid By him.
That plaintiff is the owner and holder
If the notes sued on and that the same
are past due and unpaid and and that