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


per cent per annum, and all past due
principal and interest bearing interest
at ten per cent and each note contain
ing the usual accelerated maturity and
attorneys fees clauses. Z
That this Plaintiff is now the legal
and equitable owner and holder in due
course, of each of the first described
notes and of notes &C., d, and "E",
of the second described notes. That
the first described notes are secured
by a first lien on said land and the
second described notes are secured by
a second lien on said land.
That on or about the 10th day of
July, A. d., 1923, the said Defendants
J. S. Davis and Ella Davis and Plaintiff
Nelson Loan Company, by an extension
agreement, duly recorded in the Deed
Records of Cameron County, Texas, ex-
tended and re-arranged the due dates of
the principal and interest of said notes,
by the said J. S. Davis and Ella Davis,
attendants, executing and delivering to
Plaintiff Nelson Loan Company, five
new notes, notes numbered one, two,
three and four each for the amount Of
$4,000 evidencing the unpaid principal
and accrued interest due upon the first
lien notes numbered one to five inclu-
sive, also note numbered five for the
amount of $4,000, evidencing the un-
paid principal and accrued interest due
upon the second lien notes C, ID"
and e., which notes are dated the
10th day of July, A. d., 1923, due one
to five years after date with interest
at six per cent from date until maturity
and all past due principal and interest
bearing interest at ten per cent and
each note containing the usual &C.
CELEBRATED maturity and attorneys fees
clauses, also executed and delivered to
the defendant A. K. Black, trustee, on
the same date, a certain deed of trust,
as trustee for the use and benefit and
for the purpose of securing Nelson
Loan Company, Plaintiff, herein, in the
prompt payment of the aforesaid notes,
which Deed Of Trust is duly recorded in
Volume 80, on pages 62-65 OF the Rec
ords of Mortgages and Deed of Trust
for Cameron County, Texas.
That the owner and holder of the
new notes described were subrogated
to all the rights and remedies Of the
original payee in said first mentioned
notes including the vendors lien on the
and above described.
That this plaintiff is now the legal
and equitable owner and holder of five.
new notes. That interest on notes mum
bered l, 2, 3, 4 and 5, of said series of
five notes has been paid up to the
10th day Of January, A. ID. 1924; that
the Defendants and each of them,
Al e. --+al haxn fa,la1 and
refused, and still fail and refuse to pay
said notes, or any part thereof, either
principal or interest to date, except as
therein alleged; that because. OF the de-
fault in the payment Of Note number
One %, at its maturity on the 10th day
of July, A. D., 1924, and because of the
default in the payment Of all OF the
interest due on said notes on July 10,
A. D., 1924, plaintiff, as the owner and
holder thereof, has exercised its night
and did declare all of said notes due
and payable, and that said notes nulr-
bers one (l) 10 five go inclusive, are
now past due and unpaid, together With
interest accrued thereon and attorney 5
fees as provided in said Notes.
Plaintiff further alleges hat De
PENDANTS James-Dickinson Farm Mort
gage Company, A. K. Black, trustee and
G. F. Thomas, are exercising some right,
title or interest in and to the property.
and premises above described, but that
such right, title and interest, if any
they have, is subordinate and inferior
to the lien Of this Plaintiff.
Plaintiff prays for its debt, the es-
adjustment and foreclosure of its ven
doris lens on the above described land
and premises as they existed on and
since the 22nd day of April, A.. d., 1872
costs of suit, and for all other and
further relief, special and general in
law and in equity to which it may be
entitled.
Herein fail not, but lave before said
Court, at its aforesaid next regular
term, this writ with you return there
on, showing how you have executed the
same.
Given under my hand and the seal
of said Court, at office in Brownsville,
Texas, this the 4th day of December,
A. d. 1924.
(SEAL)
Jno. P. Seaman, District Clerk,
District Couft, Cameron