The Lubbock avalanche. (Lubbock, Tex.) 1909-1922, 1913-10-09
Citation by Publication


The state Of Texas.
To the sheriff or any constable OF Luz
book county Greeting
You are hereby commanded to sum
mon Z. T. Newlands by making publ
cation Of this citation once IN each week
for four successive weeks previous TO
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
b. no newspaper published IN said
judicial district. then IN a newspaper
nublished in the nearest district 20 said
u judicial district; 10 appear at the
next regular term Of the district court
OF Lubbock county. 20 be holden AT the
court house thereof m Lubbock, Texas,
ON the fourth Monday In November a.
u. 1919. the same being the oath day OF
November A. ID. 1913. then and there
10 answer a petition filed in said court
on IN. 18th inY OF April A ID 1913, m
"A suit. numbered 90 The docket Of SAID
court No ~. wherein Geo W. Carter
is plaintiff, ard Z. Lanler W X.
spencer and 4 +. Newlands, are
defendants. ard said petition alleging
that about Dec mth. 1911. defendant
" r Spencer made conveyance 10
defendant D. X. Lanier of section
seventy l7W M block ID original
grantee Jno. ". Gibson. situated ~
Yoakum county. Texas, that n part
paynent for said land defendant j X.
ianier. executed and delivered 20 de-
PENDANT ". r. Spencer his two
promissory notes. one Of said notes be-
ny Tor the sum s2O7 ~. given IN part
payment for the east - of said section,
there being reserved in said nate and
deed 10 said section the vendor lien
10 secure payment Of said note. and the
other note being for the sum Of S1Vl 20
given IN part payment for the west z
of SAID section, there being reserved ~
said note and deed 30 said ~ section
the vendor hen % secure payment ui
said note both notes being due one year
after date. signed by r. Lanier and
uayahle 10 the onier of " r spencer
With interest from date until paid AZ
the rate of per cent per annun. past
iue interest 10 bear interest AZ the rate
Of 10 per cent per annum and both notes
providing for the usual 10 per cent
collection Zee, that IN the dect's from
". r. spencer to J. 4 Lanier the SAID
J. K. l.Anicr assumed payment u the
purchase money due the state Of Texas
ON said and.
That on January 2nd. 1912. defendant
W r Spencer transferred both OF
aid notes bv blank endorsement Ia
the plaintiff. and AZ the same time eX-
ecuted and delivered TO plaintiff a
written transfer of the vendors lien
on SAID land
That or Or about March 9Th. 1912.
defendant } r. lanier conveyed "a X.
y Nswlards the vest - of said src-
ton IN part payment for SAID land the
sand X r. Ncwiands assumed the pay.
msnt of the note for S20I. 80 against
sail land and A. a further consideration
tn. said X. +. Newlands executed and
delivered TO said y X. Lanier one
vendors lien note against said = sec
ton for the sum of Sli93O0. due one
wear after date. with interest at the
rate of : per cent per annnm. winch a
A lien that i Inferior 10 the prior hens
held by plaintiff
That on OF about the 10th OF March.
3 1912. defendant J. X. Lanier conveyed
the east IL Of said section 20 X. +.
Newlands and in part payment for said
land the said 4 T. Newlsnds assumed
I the paynent of SAID vendors lien note
of S20f 80 against said east IL OF sad
section, and a. further consideration
the sand r h. Newlands executed and
I delivered 10 the sand J X. lanier one
not. Tor the sum of S5uo.OO. due MN,
months after IT. date, with INTEREST at
the rate OF per cent Per annum. which
not. IL secured BY vendors lien that
Il subject to the hens held by plaintiff.
That on November LIST 1911 there was
due the state Of Texas. As purchase
money, the following interest on said
section 10 the sum OF ShI. AZ. that about
the 10Th day of February, lyl3it became
necessary for plaintiff to pay said
interest 10 prevent forfeiture of said
land and that defendants refused 10 pay
said interest and refused to reimburse
ula,ntiff for the interest paid by HIM.
That plaintiff h the owner and holder
of the notes sued on and that the same
are past due and unpaid and and that
defendants though often requested have
falled and refused To pay the same, 70
plaintiffs damage IN the sum OF S2.ovo.
That plaintiff has placed said notes ~
the hands Of Bean a klett. attorneys
and promised 10 pay them 10 per cent
an the amount dus A. attorneys fees,
which IL reasonable fee.
Plaintiff prsys for Judgment for the
principal. interest and attorney Tee.
provided for IN ssld notes and for The
amount of interest raid the state OF
rsxa. with interest thereon IRON ths
date Of payment until paid ~ the rats
~ q pef cent psF annun,. together win
n . foreclosure ~ hls lien against all The
| defendants fof NE respective smoart'
due upon sssh rspsssts tract a. sst oa'