Bryan daily eagle and pilot. [volume] (Bryan, Tex.) 1909-1918, 1913-02-10

THE STATE OF TExAs-To the
Sheriff or Any Constable of Brazos

You are hereby commanded 10 sum.
mon C. L. Edwards by making publ
cation of this citation once in each
week for four successive weeks pre-
vious to the return day hereof, in some
newspaper published in your county,
| If there be newspaper published
therein, but If not, then in any news
paper published in the Twentieth
Judicial District; but IL there be no
newspaper published in said Judicial
District, then in newspaper published
in the nearest district to said TWEEN
tieth Judicial District, to appear at
the next regular term of the District
Court of Brazos County. to be holden
at the Court House thereof, in the City
of Bryan, on the first Monday in
March, A. d. 1913, the same being the
third day of March, A. d. 1913, then
and there to answer petition filed in
said Court on the 9th day of January,
A. D. 1918, in suit, numbered on the
docket of said Court No. $780, wherein
Fountain Brothers are plaintiffs, and
c. &. Edwards and Mrs. o. p. Bittle
are defendants, and said petition al
leging: That Fountain Brothers is a
firm composed of J. l.. Fountain and
E. ]. Fountain of Bryan, Brazos Coun-
ty, Texas; that the residence of the
defendant, C. E. Edwards, is unknown
to plaintiffs; that the defendant, Mrs.
o. P. Bittle, is feme sole and re-
sides in Brazos County, Texas. That
on or about the 4th day of January,
1912, the defendant, C.. e. Edwards,
made, executed and delivered to Mrs.
o. p Bittle his Four (4) Promissory
Vendor Lien Notes as follows, to-wit:
Two of said Notes for the sum of
Seven Hundred ($7O0.00) Dollars each,
and two for the sum of Six Hundred
(s6O000) Dollars each, bearing interest
from date at the rate Of Eight (S) per
cent per annum, the interest payable
on the 18th days of October of each
year, said Notes being due and payable
to Mrs. o. p. Rittle, or order, at Bryan,
Texas, on or before the 18th days Of
October, 1912, 1913, 1914 and 1915, re-
spectively, and said Notes providing
that failure to pay, either, or any OF
them, at maturity, or any installment
OF interest thereon when due, shall, at
the election of the holder of them, or
any of them, mature all of said Notes;
said Notes further providing, that if
same are not paid at maturity, and
are placed in the hands of an attor-
ney for collection, or if collected by
suit, then an additional Ten (10 per
cent shall be added to the amount
owing thereon as attorneys fees.
Whereby defendant, c. E. Edwards,
became bound and liable to pay, and
promised to pay to the said Mrs. o. P.
Bittle, the sums of money specified in
said Notes, together with interest and
attorneys fees.
That said Notes were given by the
said defendant, c. E. Edwards, to the
said Mrs o. P. Bittle on the said 4th
day of January, 1912, for the purchase
money for the following described real
estate, conveyed by her to the said
c. e. Edwards, to-wit: A part of Block
Twenty (24) in Phillips Addition
to the City of Bryan, Brazos County,
Texas, being twenty-five (25) feet
front, out of Lot No. Two (2) in said
block, and 1875 yrs. front out of Lot
No. Three (3) of said block, both of
said tracts being rs yrs. deep;
That in said conveyance the Ven
doris Lien was retained, securing the
payment of the aforesaid Four (4) |
Notes; that thereafter, the said Mrs. |
o. P. Bittle, acting by and through |
her attorney, transferred, assigned and
endorsed said Notes to Fountain |
Brothers, who are now the legal own
ers and holders of same, and that said |
endorser, Mrs. o. p Bittle, guaran.
teed to Fountain Brothers the pay !
ment of said Notes. and in default of
payment by the said G. e. Edwards, |
she became liable for the amount due
thereon.
That the first of the above described |
Notes was due October 18th, 1912, and
that the March Term of the District
Court of Brazos County, Texas, is the
first term of said Court to be held
after the maturity of said first Note.
That by reason of the failure to pay
said Note at maturity, Fountain
Brothers, who are the legal owners
and holders of said Notes, have elected
to mature all of said Notes, and de-
clare same now due; that the defend
ant, C. E. Edwards, though often re-
quested, has failed and refused to pay
same or anv mart thereof or anV in