San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1897-06-07
THE STATE OF TEXAS.

You are hereby commanded, that by
making publication Of this citation in
some newspaper published in the coun-
ty of Bexar, for four 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 ap-
pear before the District court 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
I S. Bangs, George H. Southland, d. w.
McWilliams, Chas. w. Ogden, Joseph
M. Keatinge, and W. ]. Caesar, consti-
tuting committee of reorganization
filed in said court on the 2Sth day of
April, 1897 against the said Yorkshire
Investment & 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 near the city of
San Antonio, Texas, known as Alamo
Heights, to-wit:
Blocks numbered one % and two (O;
lots numbered one ~ to thirty-seven
| $50, both inclusive, and forty-two (42)
to forty-nine (49), both inclusive in
block numbered three ~; blocks num-
bered four az, five 90, eight (S), nine
| 90, twelve Q2), TO twenty-one (2D, both
inclusive, twenty-five (25), tWenty-six
! (26), twenty-nine 500, and thirty 800;
lots Numbered one % to six 90, both
inclusive, and twenty-one CID to thirty
(30), both inclusive in block number
ed thirty-one (31); blocks numbered
thirty-tEo (32D and thirty-three (33);
block numbered thirty-fOur (3D; blocks
numbered thirty-five to forty-seven
(4O, both inclusive, fifty (50), ffty-one
| (5D, fiftystwo (5z), fffty-four go, fif-
tty-seyen (5O to one hundred and forty
five 145), both inclusive, and one hun
dred and forty-seE zen CAD 30 two hun
dred and three (293), both inclusive,
and Ogden park, Spring park, Leslie
park, Melville park, Creamery park,
Park K, and Park Il.
That prior to 1895 aforssaid property
had been enc 1rnbere5 by three mortga-
geF securing to aforesaid defendant
mortgage company sums which, in Sep
tenI1er. 1895, aggregated something
over S63, 900; that prior to- the fall Of
1895, said Alamo Heights Land & I'm
proy,sment company Became ir1solve1nt
and said mort cages were in default;
that plaintiffs were constituted re-
orga nfzation committees for the pur-
pose Of protecting the stockholders &C
said EIarno company from the loss Of
said property undtsg foreclosure of said
mortgages; that twas agreed betweeB
plaintiffs, as SUCH committee, and de-
PENDANTS, that aforesaid property
should be sold under said mortgages
on September 8, 1885, AVID purchased
by said defendant mortgage company
or defendant CrebBin as lisa gesrts tFiat
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 patdbiby3 ss&id plaaHtiins
for such conveyance and transfer to
be the amount of aforesaid mortgage
Indebtedness owing said defendant
closure, said price ID be paid in: ousft.
except $4,000, for which 945.00os said
mortgage company should aecept' the
bond of said compa ny, to bseorguzEtzed'
as aforesaid secure q. by m0rtgagec ON
aforesaid property, said nssrtgage. to-
contain reasonable provision for par
tial payment, releas, S. etc, 80 thatrsaif
new company might- improve an35 seiD
out in parcels aforesaid Pre- perty; thaS
as contemplated aforesaid property
was sold on September 8, 1896, and til
tie thereto taken in the nsHre of SAID
defendant Crebbin. That thereapon
said plaint+TFs, as said conmitteaspaiG
1.-THE expenses of foreclosure and ON Sep
ter: her 20, 1895 paid defendant mort
kgase company in cash SIS, 0go.67, Cefens-
tdant mortEage company's indebtedness
amounting at that date TO $63laO!6E
Thereafter plaintiffs paid under afore-
said contract the following amsunts:
March Is, 1896, to defendant mortgages
company, S1,SO6.50 interest on said. S45,-
loco to March /, 1896; September g. 1880,
Ito defendant mortgage company Sl,SSS.
l5O, interest on aforesaid $E5,000 TO Sep
TENDER /, 1896; April 6, 1896, accumfu-
lated taxes on aforesaid property
amounting to $1,46o.96; December IL,
1896. taxes for the year 1886 OR afGre-
said property amounting to $Sg6; and
likewise paid 800 part or cost OF fore
closure proceedings.
That shortly after September 1895
plaintiffs organized said contemplate
new company called the Alamo Height
Land company, 10 carry out said con
= tract, and expended in so doing TIT
!. further sum of 81, 900. That defendan
. Crebbsi executed a deed TO said new
!, company, but defendants have on va
rious pretextss refused to deliver sam
: and accept a. bond and mortgage 70
T said 200 in accordance with afore
T. said agreement, and still so refuse; tina
n In reliance upcn aforesaid contrac
- s,,ob nor,,