Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1916-02-09

The State ~ Texas:
t. the sheriff or any Constable ~ Cameron
County. Greeting:
on are hereby COMMANDED ~ summon
Samuel ~ FegtIey. ~ making publication II
tins citation once in each week for four sue
cessive weeks previous - the return date
hereof. IN some newspaper published in your
county: II there ~ 4 newspaper published
therein. but ii not. then III any newspaper nuh-
lished in the 18th Judicial district: but if there
be no newspaper published in said judicial dis
trict. then In some newspaper published III tho
nearest district ~ the said 18Th Judicial dis
trict. 10 appear az the next regular term If the
District court of Cameron cuupy. 10 be holden
at the court house thereof I'M Brownsville. on
the second Monday IN March. a. ~ 1916. the
same being the 18th day II March. \. u. 1916.
then and there t. answer a petition filed IN
said court ~ the 18th day II October. 1915.
III y suit numbered un the docket uf said court.
No. 2?i2. wherein United Land and Irrigation
company Is plaintiff and Samuel VI. Fegtley Is
defendant. and the supplemental petition filed
IN the 1Tth day NJ January. 1916. said original
petition alleging that the plaintifT j. 4 corpora
ton duly Incorporated. and duly organized and
existing under the laws # the State If TcXas.
and said supplemental petition alleging that thr
plaee ~ residence ~ said Samuel VI. Fcgtlcy
is unknown 10 plaintiff.
Said original petition for cause Of action
alleges that on October III. 1910. the def nd
mt. Samuel NJ. Fegtley. executed and delivered
90 Eugene 4. Nhirrmau. eleven t1ll prolnissory
vendors lien notes. numbered from one tll 70
eleven Ill inclusive. I'LL date ~ prtnher IL.
1910. said note number one ttl becoming due
ami payable on or before six co. months after
its date. and being for the sum of thirty-tivc
and ln-lN tSib.l0i dollars. notes numbered
two 81. three CD. four ca. five 10. six 60.
seven "a. eight Isl. nine co.. ten 60 and
eleven I'D. each f"r the sum If one hundred
and seventeen ,Slltnol dollars. r".nectively.
due on ar before six CO.. twelve t12i. righ-
teen tlNl. twcnty-frur t2lt. thirty t3ol.
thirty-Six $50. furty-two ti2t. f"rty-cight
49,. iifty-four (Jil and sixty (6ol months
from their date. an NJ said notes bearing in
fprp~f AZ thp RATE pf stN lit f4Ar cent ppT an
mum from date until maturity. interest pay
able annually and providing for ten tlol per
cent interest after maturity and Ter ten tlol
per cent additional aS attorney : lees. M ease
the same are placed ia the hands Of IN attor-
ncy for collection.
Plaintiff alleges that said notes were given
for part If the purchase price for lots number
three Ga. and four ca in block onr hundred
and eleven I'D. containing fifteen and ninety
two hundrcdths ti592b acres uf land out Of
The ESpiritu Santo Grant. in Cameron county.
Tcxas.as subdividrd ~ r.. =. Hunt. Il al. ~
plat duly recorded in the county clerks office
If Cameron county. Texas. in Plat Book No.
\. pages ~ and -.
Plaintiff further alleges that notes number
one a and number two 90 have been paid.
and that all If said notes have been declared
due and the same have been placed ~ the hands
III its attorney for collection. and that II mas
contracted and agreed with Amos Rich. a. pay
him the ten ,1Oi per cent provided IN sad
notes. as attorneys fees.
Plaintiff further alleges that on November
q I'M 49,
able consideration. transferred SAID notes Il"
Grover &. Singer. 10y an instrument III writing
nf that date. duly recorded in the Deed Records
az Cameron county. Texas. IN Vol. -. pages
~; It seq. ana that ~ November Ind. l9li.
Grover &. Singer. for u valuable confederation.
transferred and assigned said notes t. the
United Land and Irrigation company. ~ an
instrument in writing. recorded in Volume -.
pages 5lO IT seq. of the Deed Records 81
Cameron County. Texas. and that the plaintiff
IL now the legal owner and holder ~ said notes.
and that said defendant promised and agreed
to pay tooplaintih the amount Of money
specified in said notes.
Plaintiff further alleges that in connection
with the deed transferring said land 10 the said
defendant. Samuel NJ. f'cgtley. that there was
assigned To the said Samuel NJ. Fegtley fifteen
49, shares ~ the capital stock NJ the Indiana
Tu-npcratfvc Canal company. and that SAID
Iced reserved u lien upon said land. and upon
said stock. for the payment Of said notes.
Plaintiff prays for Judgment fer The full
amount NJ its debt. principal. interest and 30
torncy'S fees. for the foreclosure AZ It's lien
against said land. and against said stock. and
fur an order ~ sale. writ ~ possession. costs
III court. and fnr general and special relief.
Herein fail not. hut HAY" before SAID court
at its aforesaid next regular term. TINS VIII
uith your return thereon. showing h"w y"u
have executed the same.
,iivrn under NY hand AMI the seal M the
said court ~ office IN Brownsville. this the l'th
day If January. 1916.
fSoall Ihl I'M N'N Ni+~Nl.
clerk. District Court. Cameron County. IrNaS