Bryan daily eagle and pilot. [volume] (Bryan, Tex.) 1909-1918, 1913-02-17

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

\
: You are hereby commanded to sur
mon c. K. Edwards by making publ
cation of this citation once in eac
: week for four successive weeks pr,
s yious to the return day hereof, in som
I newspaper published in your county
IL there be newspaper publisbe
{ therein, but IL not, then in any news
paper published in the Twentieth
Judicial District; but If there be n,
, newspaper published in said Judicia
District; then in newspaper published
IN the nearest district to said TWEEN
tieth Judicial District. to appear al
the next regular. term of the Distric,
Court of Brazos County, to be holden
at the Court House thereof, in the City
lof Bryan, on the first Monday In
March, A. ID. 1913, the same being the
third day of March, A. ID. 1913, then
and there to answer a petition fled in
said Court on the 9th day of January,
a. ID. 1913, In suit, numbered on the
docket Of said. Court No. 6499,. wherein
Fountain Brothers are plaintiffs and
@. e. Edwards and Mrs. o. p. Bittle
are defendants, and said petition al.
leging: That Fountain Brothers is a
firm composed of ]. L. Fountain and
e. j. 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 a 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 az Promissory
Vendor Lien Notes as follows, to-wit:
Two of said Notes for the sum of
Seven Hundred ($7O000) Dollars each,
and two for the sum of Six Hundred
($6OO.OO 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. Bittle, or order, at Bryan,
Texas, on or before the 18th days of
October, 1912, 1913, 1914 and 1915, re-
spectiyely, 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 IL
same are not paid at maturity, and
are placed in the hands of an attor-
ley for collection, or If collected by
'uit, then an additional Ten (10) per :
cent shall be added to the amount
wing thereon as attorneys fees. !.
defendant, C. E. Edwards,
became bound and liable to pay, and
Promised to pay to the said Mrs. o. P.
'ittle, the sums of money specified in :
aid Notes, together with interest and
ttorney's fees.
That said Notes were given by the y
aid defendant, c. E. Edwards, to the -
aid Mrs. o. P. Bittle on the said 4th
ay of January, 1912, for the purchase y
honey for the following described real ?
state, conveyed by her to the said "
. &. Edwards, to-wit: A part of Block -
wenty (24) in Phillips Addition %
the City of Bryan, Brazos County, y
exas, being twenty-five (25) feet %
ont, out of Lot No. Two (2) in said ~
lock, and 1875 YRS. front out of Lot ~
o. Three 90 of said block, both of ~
lid tracts being rs YRS. deep; ~
That in said conveyance the Ven
or's Lien was retained, securing the y
lyment of the aforesaid Four ca
otes; that thereafter, the said Mrs. ~
P. Bittle, acting by and through '"
# attorney, transferred, assigned and ~
ldorsed said Notes to Fountain 80
Others, who are now the legal own Nv
and holders of same, and that said -
dorser Mrs. o. P. Bittle, guaran- -
ed to Fountain Brothers the pay ga
emit of said Notes. and in default of ni'
yment by the said c. e. Edwards. ~
became liable for the amount due -"
ereon. re'
That the first of the above described 'n'
ties was due October 18th, 1912, and ,n'
1t the March Term of the District -
urt of Brazos County, Texas, is the Il"
# term of cold e.. - =, POI
or tho motrri.,, 90 ss,s a.. ~ O by
That by reason of the failure to pay =
d Note at maturity, Fountain gu
others, who are the legal owners pio
holders of said Notes, have elected GAG
mature all of said Notes, and de- o",
re same now due; that the defend 'uu
I, c. E. Edwards, though often re- anu
'sted, has failed and refused to pay VIII
40 or anv nort tbouoo, r,.' Ian,
llment of interest thereon, that all ioe
,ame rema;ns dro GA o,,.',, sale
of said Notos hovo - - imp
hands of Bate & Minkert, attor- -