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

1924 In a suit, numbered on the docket
of said Court No. 605s, wherein ]. A.
Kelley is Plaintiff, anc william NJ.
Radcliffe and the unknown stockhold-
ers of the Brownsville Land and Irri-
CATION Company, a defunct corporation,
are Defendants, and saio petition al.
leging: That the Plaintiff, ]. A. Kelley,
is a resident of Brownsville. Cameron
County, Texas. That Wii,iam NJ. Rat
cllffe is a resident of San Antonio,
Bexar County, Texas. and that the said
Brownsville Land & Irrigation Company
was formerly a corporation. duly incor-
porated under the laws O, the State of
Text with its principal o1r,ce and place
CT business in Brownsville Cameron
County, Texas, but thu, said corpora
tlon ceased to do business and dissolv-
ed its corporate existence about the
year 1908; that the ~s:Uc:noiders of
said corporation at the ,Imc of it's dis
solution are unknown 70 Plaintiff. as
is also their names and residence 9th
er than that the said Wi.~m NJ. Rat
cliffe, hereinabove maze : party de-
fendant, was probably a stakeholder at
the time OF said dissolution ana he is
accordingly made a party defendant
herein.
Plaintiff further alleges that hereto
fore, towit, on November 3rd, 1906. said
Brownsville Land & Irrigation Com
pany conveyed to George P. Smith all
those certain two tracts, pieces or par
GELS Of land lying and being situated
in the County Of Cameron and State
OF Texas, in. cut and forming a part of,
to the extent of the metes, bounds and
quantity thereof, a certain segregated
part Of, that certain larger tract Of
land. commonly, generai,y and espe-
clally known as, called and being Par
ltlon Share No. %, of the Espiritu San
to Grant, ]. S. de la Cara. Original
Grantee, in Cameron County, Texas, of
which it forms a part as PartitiCned,
allotted and set apart in severalty to
Alexander Werbiski, IN and by the
terms of the Final Decree OF Partition
of the Whole of said Espiritu Santo
Grant, as made and entered by the
District Court Of Cameron county, Tex
as, at the May term, A. D. 1889, there
of, in that certain suit then therein
pending. numbered and styled, No. 1916.
NJ. Kennedy. r. King, ct al, VS.. Thomas
Carson, Administrator Of the Estate Of
Maria JOsefa Cavazos, deceased. ct al,
to which said Decree Of Partition. and
the record thereof, specla, reference is
now here made, and they are each. in
all things made part hereof for great
er certainty of description Of said whole
Espiritu Santo Grant. .ard Partition
Share No. % thereof, and of said land
now hereby conveyed.
The said two (2) tracts, pieces or
parcels of land, now hereby conveyed,
are commonly. generally and specially
known as, called and being Residence
Lots Nos. Five CD and six (6), each
containing one % acre, more or less,
and Farm Blocks Nos. Three (3) and
Four (4), each containing forty (4O)
acres more or less, respectively, as so
designated and shown upon and by the
Official Map and Plat of a certain Sub
division of Twelve hundred (12O0) acres
of land, made by w. A. Amthor, on
October Bird. A. D. 1906, and recorded
IN Deed Record Book or Volume GO"
on page one hundred and nineteen
O19) thereof, Of the real estate rec
ords Of Cameron County, Texas, to
which said map and plat and the said
record thereof, special reference is now
here made. and they are each, in all
things, made part hereof for greater
certainty; and in said Deed retained
four (4) certain Vendors Lien Notes,
each dated November 3rd, 1906, each
for the sui of Five Hundred Fifty
(S550.00) Dollars and payable on or
before two, three, four and five years
after October 23rd, 1905, each bearing
interest at the rate Of 6 per cent per
annum from date to maturity, and 8 per
cent after maturity until paid, and each
of said notes providing Tor 20 per cent
attorneys fees, and each being payable
to the said Brownsville Land & Irriga-
tion Company at its office m Browns
vile, Cameron County, xexas.
Plaintiff further alleges. thai he is
now the owner of and in possession of
twenty-six and 43-1OO (26.43) acres out
Of Farm Block No. 3, ana Of thirty
nine and 1900 (39.1y) acres out of
Farm Block No. a hereina.ove describ-
ed.
That all of the said hereinabove de-
scribed notes were the property of the
Brownsville Land & Irrigation Com
pany at the time of its dissolution, and
passed to its stockholders upon said
dissolution; that the first Of said notes
matured on October 23rd. 1907; that
there is no written extension agree
ment of record as to an- one of said
notes, nor is there any release Of the
lien retained to secure their payment;
that each and all Of said notes have
probably been paid and the release ex-
executed by the Brownsvrce Land & Ir-
rigation Company lost, misplaced or
destroyed before being paced of rec
ord; tina, the last or sad notes matur-
ed more than ten years ago and is long
since barred 5y the Statutes of Limi-
tation. that since no written release
appears of record If s7id notes, they
and each CT them consti' 'te a cloud on
this Plaintiffs title which he is en-
titled to have removed.
Wherefore, Plaintiff rays that the
unknown stockholders Of the said
Brownsville Land & lrr:gation Com
pany, and the said William NJ. Rat
cliffe as a known stakeholder Of said
corporation, be cited to appear and
answer herein. and that me-, a baar,.y