The Lubbock avalanche. (Lubbock, Tex.) 1909-1922, 1910-04-28
Citation By Publication
THE STATE OF TEXAS

SldDle VI LuDDOCk OOunIy go
Greeting:
You are hereby commanded TO
summon James Scullon, G.. w.
Chumbley, and T. T. Jordan, by
making publication of this Cita.
ton once in each week for tour
successive weeks previous to the
return day hereof, in some news.
paper published in your county,
if there be a newspaper publish
ed therein, but if not, then in
any newspaper published in the
Gath judicial District; but if
there be no newspaper published
in said Judicial District, then in
newspaper published in the
nearest District to said Gath
Judicial District, to appear at the
next regular term of the District
Court Of Lubbock County, to be
holden at the Court House there
of, in the city Of Lubbock, on the
9th Monday in May A. ID. 1910,
the same being the Both day of
May AID. 1910, then and there
TO answer a petition filed in said
Court on the 23rd day Of March,
/ AID. 1910 in a suit. numbered
on the docket of said Court No.
42l, wherein w. n. Putnam is
PlaintidCand l.. T. Lester, j. b.
Holloway, G.. w. Chumbley, T.
T. Jordan, K. H. Mitchell and
JWhes Scullon are Defendants,
AID said petition Alleging thet on
November 10th, hos, the We
&ndants l.. +. Lester and j. X.
Holloway eXecuteda and delivered
toplaintiff three certain Vendors
Lien notes I'M part payment for
Survey No. IS, BLOCK "c2" II
lubbock County, Texas, SAP
notes dated November Is, 1893,
and due on or before one, No
and three years after their d6tes
respectively, bearing 3 peycent
/ interest per annum, payable an
nuahy, and Vendor'sLien was
expressly retained m the deed
and notes above mentioned, Sc
curing the payment Of said notes
each notes provides that failure
10 pay the same when due. or
any lnstallment of interest al
maturity, natures all notes of
the series at option Of the holder
on holders, and each note further
stipulates that If after maturity
IL is placed In the hands Of an
attorney for collection or collect
ed boy suit on through the Pro-
bate Court that ten per cent on
the amount then due shall be
added as collection fees; that
note No. ] became due Noyem-
Der 10th, 1909 and that one
years interest on all Of said notes
became due on said date, that
said note No. is still due and
unpaid and all interest accrued
is due and unpaid. and plaintiff
being owner of said notes has
elected 10 mature all of them,
principal, interest and attorneys
fees.
That on the 9Th day Of March
1909 l.. L. Lester convened bls
interest in the land above des-
crbed d j. b. Holloway. who
assumed the payment of all of
said notes that on the 10th day
Of March, 1909, the defendant
Holloway did sci. and convey
said land 90 james ScuIlon and
X. II. Mitchell, who as a part of
the consideration. assumed the
payment of all OF said notes that
on the l9thsday of March, 1909.
the defendants. X. II Mitchell
and james Stull0n conveyed said
land o. I. T. Jordan and &. W
Chumbley, said Jordan and
OnumDley assumed the payment
Of all said notes, except 5000.
which is credited on the back of
note No. !. that by virtue Of the
execution of said notes by de-
PENDANTS. Lester and Holloway.
and by virtue of the assumption
Of said notes by j. b. Holloway.
James Scuilon, K. II Mitchell.
G.. W Chumblcy and 7. +. Jor-
dan, they became liable and
promised % pay plaintiff the
of all of said notes. To-
gether with attorneys fees.
Plaintiff prays that the defend
ants be cited and that he have
judgement against l.. T. Lester
and j Il. Holloway for the amount
of his debt, interest and attor-
ney's fees. allowing a credit for
5000 on note No. /, and against
the defendants, G.. W. Chumbley
X. II. Mitchell. 7. T. Jordan and