San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1897-05-31
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 Crebhip, who are Don-residents
of the State Of Texas, to be and APP
pear before the District court of the
18th 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. Os1en, Joseph
NJ. 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
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
Bexar county lying near the city of
San Antonio. Texas, known as Alamo
Heights, to-wit:
Blocks numbered one ~ and two (2l;
lots numbered one a to thirty-seven
$50, both inclusive, and forty-two (42)
| to .forty-nine (49), both inclusive, I'm
block numbered three 3)S blocks num-
bered four (4), five 90. eight (S), nine
L a lN..,l,
inclusive, twenty-five (25), twenty-six
(26), twenty (29), 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 CID; blocks numbered
thirty-two .(S2) and thirty-three (3S);r
block numbered thirty-four (3D ;bloeks
numbered thirty-five to forty-seven
(47), both inclusive, fifty 600, fifty-one
(5D, fifty-two (52), fifty-four (54, fif-
ty-seven (57) TO one hundred and forty
five Q45), both inclusive. and one hun
dred and forty-seven Q4O to two hun
dred and three (203), both Inclusive,
| and Ogden park, Spring park. Leslie
park. Melville park, Creamery park,
Park K. and Park b.. eragnrgr
That prior to 1895 aforesaid property
had been encountered by three mortga-
iges securing to aforesaid defendant
mortgage company sums which in Sep
TENDER, 1895, aggregated something
over $4,000; that prior to the fall of
1895, said Alamo Heights Land & I'M
provement company became insolvent
and said mortgages We're in default;
that plaintiffs were constituted 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
mortgages; that 1t was agreed between
plaintiffs. as such committee, and de-
PENDANTS, that aforesaid q property
should be sold under said. mortgages.
on September g.. 1895, and purchased
| by said defendant mortgage company
or defendant Crebbin as Its 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 s45,O00p 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 defendant mort
gage company in cash s1S,07O.67,Y defen-
dant mortgage company's indebtedness
amounting at that date to ssS,of06h
Thereafter plaintiffs paid under afore-
said contract the following amounts,
March Is, 1896, to defendant mortgage
company, $1,S06.5O interest on said $45-
900 to March 1, 1896; September 70. 1896,
to defendant mortgage company $l.SOS.
so, interest on aforesaid $4,000 to Sep
TENDER j, 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; 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 $4,000 in accordance with afore-
said agreement; and still SO refuse; that
in reliance upon aforesaid contract