The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-03-13

preference mortgage or deed n -.
p"s any claim OF any creditor ms. Nm ~
~, hnoWlng same to be tra,s,1 ''isu 'atis.
'Ii'ous, IN whole or In mrt. , y. y N.
oieui'or named In such preiersno,@ w
or trust deed shall demand ~ .. uN,isa
p'heiit hereunder, KNOWING n. Wy s "
' W. ,rauuulent or fictitious, In vhois !. \
part, then such mortgagor, p,o,,s' MN Y !
S.ell'of' as the case may be. ,S Ssss !
ueeihed guilty OF felony and ar,a !.
Nlotlon snail be punished nv .o MI ~
III the state penitentiary for ! ,.,-
years not less than two nor nn,o ~ ]. !
see 81 Hereafter il shan h M, NJ.
ior any mortgage or trustee ,r,,n. ~,
any preference mortgage or trus, H.
ray any claim Of any preferrsd NV,
when claim is not verified BY tho ,isas.
vi such creditor. stating that sueh M II
" Just. true and correct. and ~, ~.
payments and credits have hesn No. 4
ll'reon; and likewise II shall be u,I,y,
LOT any preferred creditor OF any i,sJs
debtor TO demand, accent or rso.Ir, \.
mtnt OF his claim. or any part AZ u
without having filed with such mmss Il
or trustee his affidavit In writing y.
described; and any person y,olstn q
provisions OF this section shall h. ~ n
tlllity OF a m'sdcmeanor and upcn N.
ton thereof shall be fined In sun Il \
10 the amount of said claim, deb, ~ 1
count. 's''s5
Sec. IS. In all other respects he Al,
sition provided for In the processing pra
shall be governed by the rules Il syissy
end the provisions of articles 2sst 10 n \
inclusive, of chapter 3. title 10, Of The r.
cisod Civil Statutes Of this State.
Sec. 3d. In all other respects Tho \
ceivership provided for under this ut It'd
be governed by the general law II ID
State providing for the appointment q n.
ceivcrs. and this act Is hereby declared b
be cumulative Of any other remedies giia
by law to creditors.
Sec. 40, That any debtor hereafter az
cutting any chattel mortgage or trust dssi,
who shall In said trust deed o. cha,la
mortgage make or name my preferred
creditor, said clattel mortgir Of truA
deed shall be void. unless sueh iaIlrs
debtor or assignOr shall attach to said ,flg
deed his affidavit in writing stating tAs
claims and the names OF the parties an
the amounts OF said claim. and the date Il
same, and the circumstances under xhla
the debt or debts were preferred, and y
same shall not be admitted to record ~
shall not be evidence Of any lndeblsinsA
which affidavit shah be sworn by some q
iioer authorized TO administer oaths uhA
the laws OF the State OF Texas
Sec Al. That no preferred cet1
named In any chattel mortgage Or ~
deed hereafter made In the state Of ItA
shall receive from the trustee Or otnef ~
ties executing the terms Of said trnl =.
or chattel mortgage. unless SAID plaaS
creditor shall file with said trustee na Y.
fidayit In writing stating that Tie ~
H. Just and bona fide, giving me daH y
the ORIGIN of said claim ard The rlrI'3
stances under which said claim orisnIA
Any preferred creditor falling 70 nr =
affidavit shall forfeit any right N y
have to his claim against said esns r
such forfeiture shall inure 70 tne 80
OF all the creditors OF said estate.
Sec. AZ. Any creditor Of said 49, Il.
or maker Of any deed Of trust q ca
mortgage who desires to shall naM
right at any time within thirty oa!s .ss
the date Of execution Of said tr'lsl as, Y. !
mortgage. to file this application W y
court within the state Of Texas ~
competent jurisdiction OF the al Wy. ~
controversy, In which he snall ~ K,
he verify believes that some 2, ~ ~ Y \
forred creditors canned in sa'a VI 4
trust or mortgage, giving tne na'p \. 4
amounts. ere fraudulent and upM 4, I. Al,
irr Of such complaint it shall pc W ~
Of the court. either in term 'l'n. X, !.
lion to at once issue citation ~ rh,rs
sirnor the trustee or other parry u a. .
Of said estate. to the preferred ~ Nv hlca
commanding them al once ~ 49,. sacsrs
III" court and bring all the notes , .Ss,sx
and other papers, which notes, .. as i
hooks and other papers may ne ~ Il n, v
oren court; and upon the isi'u' !. sh,rs
al eienor trustee or other officer ~ :, W. ,Dus'
said estate or preferred creditor s % 4
h ba,n e The court and make an e s,ss,
, uo notes accounts. books OF ~. I
pers, il shall he prlma lae,e -.
-7Con,In0cd on Third r