Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1924-12-06
THE STATE OF TEXAS


Cameron County. Greeting:
You are hereby commanded to sum-
mon w. b. Henderson and Annie Carol
inc Harderson. whose residences are
unknown and who do not reside in the
State of Texas, to appear at the next
regular term of the. District Court OF
Cameron County, Texas to be held at
the court house thereof in the City Of
Brownsville on the first Monday in
January. 1926 being the 9Th day Of
January 1925. then and there to answer
a petition filed in the said court on the
18th day Of October. 1924, in a suit
numbered 6O32 on the docket thereof,
wherein Paul Boomer lis plaintiff and
B. A. Wiley. J. Clark. II. L. Goode, w.
B. Henderson. Annie Caroline Harder
son, H. j. Sandmeier and MiG-States
Investment Company, a corporation.
are the defendants. the cause of action
and nature Ct plaintiffs demand, as al
legged in plaintiffs petition, being sub
stantially as follows toIwit:
Plaintiff alleges that on the 25th day
Of September 1919. A. G. Boomer and
Elsie Boomer conveyed tot. B. A. Wiley
the following described tract of land
situated in Cameron County. Texas:
40 acres of land, being a part of
the Conception de Carricitos Grant or
subdivision. plated FOL, the San Blnito
Land & Water Company and others and
being the northeast quarter CT Block
Nc. 243, of said subdivision. as shown
by the map known us MAP of Subdi-
vision Of lands Of San Benito Land &
Water Company and s. A. Robertson.
in the Conception de Carricitos Grant
in Cameron County, Texas; sad 40
acre tract being more particularly de-
sclibed by metes and bounds as fellows:
Beginning at the corner common to
Blocks 2f2, 243. 246 and PAT; Thence
with Line "a" South 80 deg. AZ min.
West 1920 feet; Thence North SO deg
IL min, West 1920 feet; Thence North
30 deg. 43 min. East TO a point on Line
"2G'; Thence with Line "26." South 50
deg. ~ min. East 1920 feet to the place
of beginning, the whole containing For
ty (4G9 acres, excepting, however. that
part of said Block which is or may be
used by San Benito Land and Water
Company or its successors as a lateral
canal (this reservation being Of fifty
Z = VI 0dNh EibS VI IA NNhSCA llh1 VI
said canaL1
SThat in part payment for said con-
veyance said B. A. Wiley executed to
the said A. G.. Boomer his three GER
tain personal, promissory. vendors lien
notes in writing numbered from / to 3.
inclusive. dated November i, 1919. and
being for the sum of $1,000. 90 each and
due /, 2 and 3 years from date. repec-
lively. bearing &c interest per annum
from date, interest payable annually.
and r~eciting that they were given in
part payment for the above described
land. and retaining a vendors Len
thereon. providing that all past due
interest should bear intcres at the rate
of 1870 per mum after maturity. and
further providing that failure to pay
any one Of said notes at maturity. or
any installment of interest when due,
should. at the election of the holders
of any one of said notes, mature all of
the same. and that plaintiff elects to
mature all of said notes, and further
providing that if said notes should be,
placed in the hands of an attorney for
collection. the maker should pay 1870
additional on the principal and interest
as attorneys fees, and plaintiff al,
leges that he has placed said notes with
S~eabury, George & Taylor, attorneys.
for collection, instituted suit thereon
and promised to pay them the attorneys
fees provided for. Plaintiff further al
leges that after the execution and de-
livery of said notes BY the said B. A.
Wiley to the said A. G.. Boomer. the
same were, before maturity. for a val
liable consideration, assigned and trans
ferred sold and delivered to plaintiff,
who is now the legal owner and hold
err Of same for value. That no part Of
said notes. and no interest thereon,
has been paid, and that there is now
due thereon the principal. interest and
attorneys fees. That after the pur-
chase of said land by the said B.. A.
Wiley and about the 22nd day Of Nov
ember, 1919, the said Wiley and wits
conveyed said land to J.. ". Clark, who
assumed to pay the notes~4rereinabove
described. That thereafter, and about
the 18th da oyf March. 1920, the said
Clark conveyed the above described
land to the defendant Goode and in
consideration therefor the said Goode
assume to pay the notes above de-
scribed. That thereafter, and about
the 18th day of March. 1890, the said
Goode conveyed sad land to w. B.
Harderson and Annie Caroline Harder
son. the above named defendants, who
assumed to pay the notes above de-
scribed. Plaintiff shows hat inf said
conveyance from Goode to the Harder
Q THE said Hardersons, in part pay
ment, ~sxscuted stheiFsafive certafn pur-
chase money vendors lien notes cf