San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1897-05-24
THE STATE OF TEXAS.
To the Sheriff or any Constable o
Bexar COMMUNICATING:


making publication of this. citation in
some newspaper published in the coun-
ty of Bexar, for Our consecutive weeks
previous to the return day hereof,
you summon the Yorkshire Investment
& American Mortgage company and
Alfred Crebbin, who are non-residents
of the State of Texas, to be and APP
pear before the District our of the
45th judicial district of Texas, to be
holden in and for the county of Bex-
ar, at the courthouse thereof in the
city of San Antonio, on the first Mon
day in october, 1897, then and there
to answer to the petition of Francis
S. Bangs, George H.. Southland, d. w.
McWilliams, Chas. w. Ogden, Joseph
NJ. Keatinge, and ". ]. Caesar, consti-
tuting a committee of reorganization
filed in said court on the 2Sth day of
April, 1897, against the said Yorkshire
Investment G. American Mortgage
company and Alfred Crebbin, and al
leging in substance as follows, to-wit:
That prior to 1895, the Alamo Heights
Land & Improvement company, a cor
poration, owned the following lots and
blocks in that certain subdivision of
Bexar county, lying nea the city of
San Antonio, Texas, known as Alamo
Heights, to-wit:
Blocks numbered one G) and two (2);
lots numbered one Q) to thirty-seven
(3O, both inclusive, and forty-two (42)
to forty-nine (49), both inclusive, In
block numbered three (3); blocks num-
bered four (4), five 90, eight C), nine
COY, Twelve az, to twenty-one CID both
inclusive, twenty-five (25), twenty-six
(26), twenty-nine 900, and thirty (30);
lots numbered one Q) to six (6), both
inclusive, and twenty-one CID to thirty
900, both inclusive, In block number
ed thirty-one (31); blocks numbered
thirty-two 1922 and thirty-three (33);
block numbered thirty-four (34) blocks
numbered thirty-ive to forty-seven
40, both inclusive, fifty (50), fifty-one
GID, fifty-two (52), fifty-four (54), fif-
t~y-seven (57) to one hundred. and forty
five 145), both inclusive, and one hum
bred and forty-seven Q40 to two hum
bred and three (203), both inclusive,
and ogden park, Spring park, Leslie
park, Melville park, Creamery park,
Park K, and Park B.
That prior to 1895 aforesaid property
had been encountered by three mortga-
ges securing to aforesaid defendant
mortgage company sums which in Sep
TENDER, 1895, aggregated something
over S63, 900; that prior to the fall of
1895, said Alamo Heights Land & I'M
provement company became insolyent
and said mortgages were in default;
that plaintiffs were constituted a re-.
organization committee for the our
pose of protecting the stockholders or
said Alamo company from the loss OF
said property under foreclosure of said
mortgages: that it was agreed between
plaintiffs, as such committee, and de-
PENDANTS, that aforesaid property
should be sold under said mortgages
on September 3, 1895, and purchased
by said defendant mortgage company
or defendant Crebbin as it's agent;that
said property so purchased and any
unpaid balance on said mortgage in
debtedness should be conveyed and
transferred to a new company to be
organized to take over said property,
the price to be paid by said plaintiffs
for such conveyance and transfer to
be the amount of aforesaid mortgage
Indebtedness owing a defendant
mortgage company and cost of fore
closure, said price to be paid in cush,
except $45, 900, for which $4,000 said
| mortgage company should accept the
bond of said company to be organized
as aforesaid secured by mortgage on
aforesaid property, said mortgage to
contain reasonable provision for par
tial payment, releases, etc, so that said
new company might improve and sell
out in parcels aforesaid property; that
as contemplated aforesaid property
was sold on September 8, 1895, and til
tie thereto taken in the name of said
defendant Crebbin. That ~thereupon
said plaintiffs. as said committee, paid
the expenses Of foreclosure and on Sep
TENDER 20, 1895, paid defendantNmor
gage company in cash $lS,01O.6I, defen-
dant mortgage company's indebtedness
amounting at that date to 1858, 070.67,
Thereafter plaintiffs paid under afore-
said contract the following amounts:
March 10, 1896, to defendant mortgage
company, 81, SO6.50 interest on said $45,
900 to March 1, 1896; September %, 1896,
to defendant mortgage company $l,SOS
80, interest on aforesaid S45,0 900 to Sep
TENDER l, 1896; April 6, 1896, accumu'
lated taxes on aforesaid property
amounting to $1,460.96; December Is
1896, taxes for the year 1896 on afore'
said property amounting to 1896; an6
likewise paid 500 part of cost of fore
closure proceedings.
That shortly after September 1895
plaintiffs organized said contemplated
new company called the Alamo Height
Land company, to carry out said con
tract, and expended in so doing the
further sum of $4,000. That defendan'
Crebbin executed a deed to said new
company, but defendants have on va
rious p~retexts refused to deliver sam
and accept a bond and mortgage TO
said $45, 900 in accordance with afore
said agreement. and still so refuse;tha
in reliance upon aforesaid contrac
and agreement, plaintiffs, as such com