San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1897-05-16

! 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 3, 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 defendant mort
gage company in cash $1S,070.67, defen-
dant mortgage company's indebtedness
amounting at that date to $63, O70.67.
Thereafter plaintiffs paid under afore-
said contract the following amounts:
March Is, 1896, to defendant mortgage
company, 81, SOC. so interest on said $45,-
900 to March l, 1896; September 20, 1896,
to defendant mortgage company $1,S03.
so, interest on aforesaid $4,000 to Sep
TENDER l, 1885, April 6, 1885, accumu-
lated taxes on aforesaid property
amounting to 1,460.96; December Is,
1896, taxes for the year 1886 on afore
said property amounting to 1896; and
likewise paid 800 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 $1,000. That defendant
Crebbin executed a deed to said new
company, but defendants have on va
riOus preteXts refused to deliver same
and accept a bond and mortgage for
said S45, 900 in accordance with afOre-
said agreement, and still so refuse; that
in reliance upon aforesaid contract
and agreement, plaintiffs, as such COM
mittee aforesaid, have expended as
aforesaid, the sum of SIS, 947.63. Plain
tiffs pray that defendants and each of
them be enjOined from dispOsing of or
changing the title to, or Numbering
aforesaid property, or any part there
of; that defendants be required to con-
vey said property to said plaintiffs,
or the said Alamo Heights Land com
pany, and required to accept the bond
of said company for said $4,000, SeCur-
ed by a mortgage in such form as the
court may find reasonable and prop
er and in accordance with the agree
ment of the parties. That defendants
be required to specifically perform
aforesaid agreement; or If the court
should be of opinion that said
contracts cannot be specifically per-
formed, then that plaintiffs have judg-
ment against DEFENDANTS for said sum
of $2S.947.63 with interest, that said
sum be declared an equitable lien or
charge on aforesaid property, and that
same be decreed to be sold for the sat
isfaction thereof; for general and spe-
cial relief: cost, etc.
Herein fail not but have you then
and there before said court this writ
with your return thereon, showing how
YOU have executed the same. J
Witness Nat lewis, clerk of the Dis |
trict court of Bexar county, Texas.
Given under my hand and seal of said |
court at office in city of San Antonio, |
this 14th day of May, A. D., 1897.
NAT LEWIS,
Clerk District Court Bexar County. !
Came to hand May IA, 1897, at $3.50 !
o'clock p. M, and publication /
L. 81 of above citation ordered made I
in the Daily Light.
JOHN P. CAMPBELL,
Sheriff Bexar County. |
By NJ. F. CAMPBELL, Deputy.
5-16-4wks.