The Lubbock avalanche. (Lubbock, Tex.) 1909-1922, 1919-05-22
CITATION FOR PUBLICATION
THE STATE OF TEXAS.

THE STATE OF TEXAS.
10 the Sheriff or any Constable OF
Lubbock County Greeting
You are hereby commanded to
summ0a Bismarck Ferguson By MAJ
IN qualification by citation once IN
each week for fuor (4) successive
weeks. previous 10 the return day
hereof in some newspaper published
in your county, 70 appear at the next
regular term Of the District Court Of
Lubbock County 70 be holden at the
courthouse thereof in the town Of
Lubbock. on the second Monday in
June, 1919, same being the 9th day
Of June. 1919, then and there 20
answer petitlap filed in said court
on the lStkday otApril, 1919, in a
suit nvnsered on tif docket Of said
courHN ~. 1928, wherein NJ Fulton
is ulaintlff ard bismarck Ferguson
and Nhers are>fcfendants, said petit
ton aNegln-<<hat in November, 1915,
the plaintiff purchased from The de-
PENDANT. H. {. Ferguson, Lot s in
Block 1906. Original Town Of Lubbock
Texas for a consideration Of $4,000 90
for which 8 notes were executed by
the plaintiff payao.e 70 II. c. Fcrgu-
son; that in the deed Of conveyance
bv said Ferguson TO said Fulton re-
citing said consideration, the said II.
C. Ferguson agreed and bound him
self 10 clear the title to said lot of all
liens and membranes whatsoever
as well as remove any cloud upon the
title existing or claimed by any per
son whomsocver on the date Of said
deed. which same TO be done within
reasonable time from the date Of
said deed, thereby to prevent loss and
damage to the plaintiff, VI. Fulton.
That said Bismarck Ferguson is
now claiming TO be the owner and
holder of said notes and that he took
the same with knowledge Of the pro-
visions of said deed relating to the
clearing Of the title to said lot Is he
grantor
That at the time Of the making and
execution Of said deed and notes
there were, and are now. membrane
es against the said property. as fol-
lows: One Of the defendants. The
City Of Lubbock, $i4l.5O; and aceru-
ing interest; Mrs Matte Fain.
S57292 and accruing interest," the
Conway Leeper Lumber Co. $i69i.1s
and accruing interest. now owned by
defendant, A. r. Eckert; W. F.
Schenck. s50675 and accruing inter-
est; the land records Of Lubbock
County. Texas, showing indebtedness
existing against said property Of
S2912.5O. and which indebtedness
and record is a colud upon the plain
tiff's title 10 said lot which liens and
cloud the said defendant, II. c. Fer
guson obligated himself 10 remove or
cause TO be removed from the title 10
said property and that he and the said
Bismarck Ferguson have not COM
piled with the terms and conditions |
81 said deed and are seeking and de- I
payment Of said indebted /
ness evidenced BY said notes. Iudg- |
ment Is sought by the plaintiff requir-
ing the defendants and the several de- I
PENDANTS holding claims 10 appear and {
present evidence thereof, and for
Judgment adiudicating the amounts
due on each and which amounts when
10 found 90 be auhtFaetsd or deduct.
VI from tho indebtedness evidenced
BY said notes % "a be paid In full
~ the sald dsfeaaaals IL a. eaA |
i'.smaf7k fsfEueenb and The plain.
|tff's title o. said loo he Quistsd and
~ have sf9a1 fof the emount ndjndo-
"a % be paid en each u said claims