The Lubbock avalanche. (Lubbock, Tex.) 1909-1922, 1913-10-16
Citation BY Publication

ne Stttf OF ltkt-s
To the Sheriff or any constable Of Lub-
book county Greeting
You are hereby commanded TO sum
mon r. +. Newlands by making puhli-
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 Il 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 IN the nearest district 10 said
u judicial district. 20 appear az 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 1919. the same being the oath day of
November A. d. 1913 then and there
to answer = petition filed In said court
on the 18th day'of April A. y. 1913. IN
a suit. numbered on the docket of SAID
court No 72n wherein Geo W. Carter
is plaintiff. and r. Lanier. W. X.
spencer and r. r. Newlands, are
defendants. and said petition alleging
that about Dec iiih. 1911. defendant,
W r. Spencer made a conveyance To
defendant j. r. lanier Of section
seventy l70l bon block d. original
grantee Ino. II. Gibson. situated m
N0akum county. Texas. that n part
nay ment FOR sad land defendant j. K.
i.aniur. executed and delivered to de-
PENDANT " r. Spencer his two
prnmissory notes. one of said notes be-
ing for the sum S207 ~, given 10 part
payment for the east POT said section.
there being reserved in said note and
iced To SAID -lsection the vendors lien
"a secure payment OF SAID note. and the
other note being for the sum OF SUI 80
given In part payment for the vest II
of sand section. there being reserved n
said note and deed 10 SAID J , section
the vendor lien 70 secure payment Of
said note. both notes being due one year
after date. signed by J. X. LAnlcr and
payable 20 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 at the rate
OF 10 per cent per annum and both notes
providing for the usual 10 per cent
collection fee. that IN the dee,s from
W K. Spencer 10 J. X Lanier the said
J. X. Lanier assumed payment Of the
purchase money due the state of Texas
on said land.
That on January 2nd. 1912. defendant
W r. Spencer transferred both OF
said notes by blank endorsement 10
the plaintiff, and az the same time cN-
ecuted and delivered 20 plaintiff al
written transfer of the vendors hen
ON SAID land
That on or about March 9Th. 1912
defendant J. x. Lanier conveyed to x.
L. New anis the west - of said see
ton m part payment for sand land The
said X. 4. NeNlAnus assumed the pay
ment of the note for 500. - against
,aia and and a. a further consideration
the said X. Z. Newiands executed and
delivered to said J. X. Lanier one
vendors lien note against said ! 2 sec
ton for the sum OF Slla3.o0, due one
wear after date. with interest at the
rate OF per cent per snnnm. which IS
a hen that IS Inferior to the PRIOR liens
held by plaintiff.
That ON or about the 10th of March,
1912. defendant ]. X. Lanier conveyed
the east - of SAID section to K. +.
Newands and ~ part payment for said
land the SAID Il. +. Newlands assumed
the payment Of said vendors lien note
OF S201. so against said east ~ of said
section. and as a further consideration
the said r. +. Newiands executed and
delivered 10 the said J. r. Lanier one
note l0r the sum OF 500. 90. Due nine
months after IT, date. with interest at
the rate Of : per cent PER annum, which
note = occurred hy vendors lien that
IL suhloct TO IN. hens held by plaintiff.
that on November LIST 1871 there was
due the atate of Texas. as purchase
money, the following interest on said
section 20 the sum OF S57. "A. that about
the 10th day OF February, iSl3it became
necessary for plaintiff 10 pay said
interest 10 prevent forfeiture of said
land and that defendants refused 20 pay
said interest and refused 20 reimburse
plAinuH for the interest paid by him.
That plaintiff is 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
failed and refused 10 pay the same, %
plaintiff damage Ia the sum Of 81, COZ.
That plaintiff has placed said notes Ia
the hands Of Bean 4 klett. attorneys
and promised 10 pay them 10 per cent
on the amount due a. attorneys ices,
which u a reasonable Zee.
Plaintiff prays for judgment for the
principal. interest and attorneys ices
provided for M said notes and for the
amount Of interest psid the state OF
Texas with interest thereon from the
date Of payment until paid Ut the rnls
OF 8 per cent psr snnunl. together With
foreclosure ~ he hen against all the
defendants Tor the respective amount.
due upon each ssparsts tract ~ set out