San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1897-06-14
THE STATE OF TEXAS.
To the Sheriff or any Constable
Bexar COMMUNICATING:

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
J & American Mortgage company and
Alfred Crebbin, who are non-residents
of the State of Texas, to be and APP
, 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
S. Bangs, George H. Southland, d. w.
McWilliams, Chas. w. Ogden, Joseph
M. Keatinge, and w. ]. Caesar, consti-
tuting a 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
lleging in substance as follows, to-wit:
That prior to 1895, the Alamo Heights
Land & Improvement company, 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 (2); ;
lots numbered one "a to thirty-seven
| go, both inclusive, and fortytwo (42)
to forty-nine 49), both inclusive, in
block numbered three (3); blocks num-
bered four a., five (5), eight (), nine
| (9), twelve Q2), to twenty-one CID, both
inclusive, twenty-five (25), twenty-six
(26), twenty-nine CO., and thirty co.,
lots numbered one % to six (6), both
inclusive, and twenty-one (2D to thirty
900, both inclusive, in block number
ed thirty-one (3D; blocks numbered
thirty-two (32) and thirty-three (30;
block numbered thirty-four (34) ;blocks
numbered thirty-five to forty-seven
40, both inclusive, fifty (50), fifty-one
(5D, fifty-two (52), fifty-four (54, fif-
ty-seven (5O to one hundred and forty
five (145), both inclusive, and one hun
dred and forty-seven Q4O to two hun
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 $63, 900; that prior to the fall of
1885, said Alamo Heights Land & I'm
provement company became insolvent
and said mortgages were in default;
that plaintiffs were constituted a re-
organization committee for the pur-
pose of protecting the stockholders of
said Alamo company from the loss of
said property under foreclosure of said
that it was agreed between
plaintiffs, as such committee, and de-
PENDANTS, that aforesaid property
should be sold under said mortgages
on September 8, 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 said defendant
mortgage company and cost of fore
closure, said price to be paid in cush,
except $4,000, 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 ii
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 90 1895, paid defendant mort
gage company in cash $1S,070.67, defen-
dant mortgage company's indebtedness
amounting at that date to $63,O7067.
Thereafter plaintiffs paid under afore-
said contract the following amounts:
March Is, 1896, to defendant mortgage
company, S1,S06.50 interest on said $45,-
900 to March /, 1896; September %, 1896,
to defendant mortgage company $1,S03.
so, interest on aforesaid $45, 900 to Sep
TENDER 1, 1896; April 6, 1896, accumu-
lated taxes on aforesaid property
amounting to S1,46O.96; December IS,
1896, taxes for the year 1896 on afore-
said property amounting to 1896; and
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 $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 $4,000 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 s2S,947.e3. Plain