The Lubbock avalanche. (Lubbock, Tex.) 1909-1922, 1913-09-25
Citation by Publication

Ou tTt 0tFtUy EUfIllflNN'tfl W tAfiN-
mon r 4. 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
IL 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 in the nearest district to said
Y Judicial district: TO appear M the
next regular term Of the district court
Of Lubbock county, 10 be holden az the
court house thereof. IN Lubbock, Texas,
on the fourth Monday in November A.
ID. 1913. the same being the oath day Of
November a. ID. 1918, then and there
TO answer petition filed IN said court
on the Filth day of April A. ID. 1913 in
suit numbered on the docket Of SAID
court No 40. wherein Geo. W. Carter
is plaintiff. and J. X. Lanier. W. X.
Spencer and r. T.. Newlands, are
defendants. and said petition alleging
that about Dec. 30th. 1911, defendant,
w. X. Spencer made conveyance TO
defendant j. r. Lanier Of section
seventy (7O) in block -" original
grantee Jno. II. Gibson, situated IN
Yoakum county. Texas; that m part
payment for SAID land defendant j. X.
Lanier. executed and delivered % de-
PENDANT w. X. Spencer his two
promissory notes; one Of said notes be-
ing for the sum s207 80, given in part
payment for the east l-2o said section,
there being reserved IN said note and
deed to said l-2section the vendors lien
10 secure payment OF said note. and the
other note being for the sum of S2OT. 80
given IN part payment for the west ~
Of SAID section. there being reserved in (
said note ard deed 10 said ~ section 4
the vendors lien to secure payment OF .
said note; both notes being due one year Z
after date. signed by J. r. Lanier and
payable 10 the order Of ". r. Spencer.
with interest from date until paid AT
the rate Of per cent per annum. past .
due interest 10 bear interest AZ the rate .
Of 10 per cent per annum and both notes Z
for the usual 10 per cent
collection fee. that IN the deeds from
w K Spencer % J. X Lanier the said
J r. 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 to
he plaintiff and AZ the same time eN- 1
ecuted and delivered 10 plaintiff
written transfer Of the vendors lien
on ssid land /.
That on or about March 6th. 1912.
defendant J. K. l.anier conveyed 20 X. !.
F. Newands the west "a Of said sec
tion ~ part payment for sand land the
said r. r. Newlands assumed the pay
nent Of IN. note for S207 80 against
.sii land and As . further consideration
he said X T. Newgands executed and
iehvered TO said J. x. Lanier one
fendor's lien note against said l2 sec
ion for the sum u $4,000. due one
rear after date. with interest at the
ate Of : per cent per annnm. which n
lien that IL inferior TO the prior liens
ield by plaintiff.
That on or about the 10th Of March.
9i2, defendant J. X. Lanier conveyed
he east l-2 of said section 10 X. +.
lewlsnds and in part payment for said
and the said r. f. Newlands assumed
he payment of said vendors lien note
II S2O7. 80 against said east l-2 Of said
ection, and as a further consideration
he SAID r. T.. Newlands executed and
10 the SAID J r. Lanier one
,0te for the sum Of $500 30, due nine
months after IT, date. with interest az
he rate of per cent FER annum. which
iote IS secured by a vendors lien that l
! subject % the hens held by plaintiff
That on November LIST 1871 there was
ue the state Of Texas AS purchase
money. the following interest on SAID |
ection 90 the sum of $50. 81. that about
he 18th day Of February, lgl3it became |
necessary for plaintiff TO pay said /
interest to prevent forfeiture Of said
and and that defendants refused 20 pay /
aid interest and refused 10 reimburse
l.aintih FOR the interest paid by him.
That plaintiff Is the owner and holder
4 the notes sued on and that the same
re past due and unpaid and ana that
eiendAnts though often requested have
allied and refused to pay the same. to
lAintih's damage m the SUN Of 81. coo
That plaintiff mas placed said notes In
he hands of Bean Il Klett, attorneys
nj promised to pay them 10 per cent
n the amount due as attorneys fees.
fhich IN a reasonable fee.
fthntif prAfs ior Juuknnent LOT thc
interest and attorney tees
rovided for in said notes and for the
mount Of interest paid the state OF Z
'exas with interest thereon from the =
ate of payment until paid nj the rate
{ per cent per anuum. together with
foreclosure Of his lien against all the
efendants for the respective amounts
Ne upon each separate tract A. set out :,
bove and that he have an
rrier Of sale issued for the sale Of each !,
( said tracts and for such other relief '
, which he may be justly entitled. Z
Herein fail not. but have before said !.
purt. at its Aforesaid next regular Y
srm. this writ with your return there
a, showing how you have executed the 2
Ime.
Given under my hand and the seal Of a
=. A